Existing law provides that the Attorney General shall establish and maintain the Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law provides that the Attorney General shall establish the Missing and Exploited Children's Recovery Network which shall consist of an automated computerized system that shall have the capability to electronically transmit information pertaining to missing children to all state and local law enforcement agencies, as specified. This bill would provide that within the Department of Justice there shall be a director responsible for coordinating California's response to missing persons. The bill would establish this position for the purposes of assisting law enforcement agencies with the timely search and recovery of at-risk abducted children, maintaining up-to-date knowledge and expertise of those protocols, best practices, and technologies that are most effective for recovering missing children, maintaining relationships with law enforcement agencies and other entities responsible for the investigation of missing persons, maintaining records, and making the Commission on Peace Officer Standards and Training Guidelines for Handling Missing Persons Investigations document available to law enforcement agencies upon request.
Sponsored bills
(1) The California Cigarette and Tobacco Products Licensing Act of 2003 (hereafter the act) provides for the licensure, by the State Board of Equalization, of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products that are engaged in business in California and prohibits retailers, manufacturers, distributors, and wholesalers from distributing or selling those cigarette and tobacco products unless they are in compliance with those licensure requirements. The act requires a manufacturer or importer to comply with specified requirements in order to be eligible for obtaining and maintaining a license under that act, including consent to jurisdiction of the California courts for the purpose of enforcement of that act and appointment of a registered agent for service of process in this state. This bill would require a manufacturer or importer to additionally consent to jurisdiction of the California courts for the purpose of enforcement of the Master Settlement Agreement and the Cigarette and Tobacco Products Tax Law or, in lieu of this consent, to post a surety bond, as specified . The bill would provide that a licensee who does not waive the sovereign immunity defense or post the surety bond is ineligible to obtain or maintain a license and would also make a licensee who raises a sovereign immunity defense in a specified action subject to revocation of its license. This bill would require the manufacturer or importer to additionally identify the registered agent to the Attorney General. The act authorizes a peace officer or board employee granted limited peace officer status to conduct inspections at any site where evidence of activities involving evasion of cigarette or tobacco products tax may be discovered. This bill would additionally authorize those officers to inspect any site with respect to violations of a specified provision of the Cigarette and Tobacco Products Tax Law. The act prohibits an importer, distributor, or wholesaler, or distributor functioning as a wholesaler, or retailer, to purchase, obtain, or otherwise acquire any package of cigarettes to which a stamp or meter impression may not be affixed in accordance with the Cigarette and Tobacco Products Tax Law. A violation of this provision is a misdemeanor. This bill would additionally prohibit those persons from acquiring a package of cigarettes unless the brand family or product manufacturer of the cigarettes is included on a directory posted by the Attorney General described in (3) . By changing the definition of a crime, this bill would impose a state‑mandated local program. (2) Existing law prohibits the retail sale of cigarettes in California unless the sale is a vendor-assisted, face-to-face sale, as defined. This bill would allow delivery sales, as defined, in specified circumstances. The bill would make violation of this provision a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (3) Under existing law, states' attorneys general and various tobacco product manufacturers have entered into a Master Settlement Agreement (MSA) , in settlement of various lawsuits, that provides for the allocation of money to the states and certain territories. The state has entered into a memorandum of understanding providing for the allocation of the state's share of moneys to be received under the MSA between the state and counties and certain cities in the state. Existing law requires any tobacco product manufacturer selling cigarettes to consumers in California to place specified amounts into a qualified escrow fund by April 15 of each year. This bill would authorize a tobacco product manufacturer that elects to place funds into a qualified escrow fund to make an irrevocable assignment of its interest in the funds to the benefit of the State of California, as specified. This bill would require any funds assigned to the state that are withdrawn to be deposited into the General Fund as a credit against any judgment or settlement which may be obtained against the tobacco product manufacturer that has assigned the funds. (4) The Cigarette and Tobacco Products Tax Law requires every tobacco product manufacturer whose cigarettes are sold in this state to make a certification to the Attorney General regarding certain information. That law makes a false certification a misdemeanor. This bill would require certification of additional information, as specified. By changing the definition of a crime, this bill would impose a state‑mandated local program. The Cigarette and Tobacco Products Tax Law requires the Attorney General to post on the Attorney General's Internet Web site a directory of tobacco product manufacturers that are participating manufacturers under the MSA, and that have made all required escrow payments and provided certification of related information to the Attorney General. That law also requires the Attorney General's Internet Web site to include specified brand families, as defined, that have been identified by the tobacco product manufacturers. Existing law also requires that a manufacturer and brand families be excluded from the directory, if any of certain circumstances occur. This bill would establish circumstances under which a manufacturer and brand families are to be excluded from the directory of manufacturers and brand families, and would require the Attorney General to provide distributors and wholesalers with written notice of each tobacco product that is added to or removed from the directory and to provide notice to each licensed distributor, wholesaler, retailer, or other person who has provided an electronic mail address for this purpose. This bill would also require a newly qualified nonparticipating manufacturer, as defined, or a nonparticipating manufacturer that poses an elevated risk of noncompliance with that law or the MSA, to post a surety bond, as specified before inclusion onto the directory. This bill would specify that a person is prohibited from shipping or distributing into or within this state for personal consumption in this state cigarettes of a tobacco product manufacturer or brand family not included in the directory, and would provide that this specification is declaratory of existing law. This bill would require any nonparticipating manufacturer located outside of the United States, as an additional condition precedent to having its brand families listed or retained in the directory, to cause its importers to appoint an agent, as specified, and would impose additional specified responsibilities upon such a manufacturer. This bill would give the Attorney General additional specified authority regarding the administration of that law. This bill would, as a condition of selling cigarettes in the state, require a tobacco product manufacturer, as specified, to submit, or authorize to disclose, a copy of its applicable return. This bill would provide that failure to comply with that provision would subject the manufacturer and its brand families to removal from the directory. This bill would impose a civil penalty on any manufacturer that intentionally provides an applicable return with materially false information. (5) Existing law prohibits the offer, sale, distribution, or importation of a tobacco product know as "bidis" or "beedies," as defined, unless it is sold or intended for sale in business establishments that exclude minors. This bill would amend the definition of "bidis" or "beedies" to include any product that is marketed and sold as "bidis" or "beedies," and would clarify that persons who violate this prohibition are subject to both criminal and civil liability. By changing the definition of related crimes, this bill would impose a state-mandated local program. (6) This bill would provide that the provisions of this bill are severable. (7) This bill would incorporate additional changes in Section 22979 of the Business and Professions Code proposed by AB 2733, that would become operative only if AB 2733 and this bill are both chaptered and become operative on or before January 1, 2011, and this bill is chaptered last. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Attorney General to establish and maintain a Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law also requires the Attorney General to provide information on reports of missing persons to law enforcement agencies, as provided. This bill would require the Violent Crime Information Center to make accessible to the National Missing and Unidentified Persons System specific information authorized for dissemination and as determined appropriate by the center that is contained in law enforcement reports regarding missing or unidentified persons to the National Missing and Unidentified Persons System to assist in the search for the missing person or persons. Existing law imposes certain requirements on law enforcement agencies with respect to the reporting of missing persons. Under existing law, if the person reported missing is under 16 years of age, or there is evidence that the person is at risk, as defined, the local police, sheriff's department, or the California Highway Patrol is required to submit the report to the Attorney General's office within 4 hours after accepting the report. Existing law authorizes the governing body of a local agency to adopt a resolution to make these provisions inoperative as to the local police or sheriff's department under its jurisdiction, as specified. This bill would, subject to the authority of the local governing body to adopt a resolution to make the provisions inoperative as to its police or sheriff's department, provide that if the person reported missing is under 21 years of age, or if there is evidence that the person is at risk, the law enforcement agency receiving the report shall, within 2 hours after the receipt of the report, transmit the report to the Department of Justice for inclusion in the Violent Crime Information Center and the National Crime Information Center databases. The bill would provide that its provisions shall become operative on January 1, 2012.
Existing law requires that the Attorney General establish and maintain within the Violent Crime Information Center an investigative support unit to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. This bill would require the investigative support unit to make available, within 2 hours of a reported stranger abduction of a child, a list of persons required to register as sex offenders based on the method of operation, if available, of the sex offenders or the specified geographical location from which the child was taken. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Under existing law, the commission is required to develop and implement training for peace officers relative to certain areas of criminal law or procedure. This bill would require the department to make accessible to law enforcement agencies, via a department bulletin and the California Law Enforcement Web, the commission's "Guidelines For Handling Missing Persons Investigations" or any subsequent similar guidelines created by the commission, relating to the investigation of missing persons. The bill would also require law enforcement agencies, by January 1, 2012, to adopt a checklist document directing peace officers on investigation guidelines and resources available to them in the early hours of a missing person investigation; to adopt a policy, regulations, or guidelines on missing persons investigations that are consistent with state and federal law; and to utilize the department's missing person reporting form for the initial contact with the parent or family member reporting a missing person. Because the bill would impose new duties on local agencies with respect to missing person investigations, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law states that it is the policy of the state that the workweek of the state employee shall be 40 hours, and the workday of state employees 8 hours, except that workweeks and workdays of a different number of hours may be established in order to meet the varying needs of the different state agencies. Executive Order Nos. S-16-08 and S-13-09 imposed 3 unpaid furlough days on state employees. This bill would prohibit a state employee from being furloughed when the unemployment rate in California during the previous month reached or exceeded 8.5%, and the employee's position is at least 95% funded by the federal government, performs services that combat the state's recession, and works for the California Unemployment Insurance Appeals Board or the Employment Development Department. The bill would also make related findings and declarations.
This measure would recognize March 31, 2010, as the anniversary of the birth of César Chávez, and would call upon all Californians to participate in appropriate observances to remember César Chávez as a symbol of hope and justice to all persons.
This measure would recognize May 2010 as Asian and Pacific Islander American Heritage Month.
This measure would proclaim the 3rd week of April, each year, as California Native Plant Week and would encourage community groups, schools, and citizens to undertake appropriate activities to promote the conservation, restoration, and appreciation of California's native plants.
This measure would express the intent of the Legislature that part-time and temporary faculty receive pay and benefits that are equal to those of specified tenured and tenure-track faculty, to the extent funding is provided, and that the California Community Colleges increase the percentage of full-time tenured and tenure-track faculty.
Under existing law, an assault with the intent to commit mayhem, rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, is punishable by imprisonment in the state prison for 2, 4, or 6 years, except as specified. This bill would provide that an assault of a person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, would be punishable by imprisonment in state prison for 5, 7, or 9 years. Under existing law, any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sex crimes, extortion, or to obtain forced labor or services, is guilty of human trafficking. Existing law provides that a violation of this provision where the victim of the trafficking was under 18 years of age at the time of the commission of the offense is punishable by imprisonment in the state prison for 4, 6, or 8 years. This bill would provide that any person who commits human trafficking involving a commercial sex act where the victim of the human trafficking was under 18 years of age at the time of the commission of the offense shall be punished in addition by a fine of not more than $100,000, to be used as specified. Under existing law, rape, sodomy accomplished against the victim's will, oral copulation accomplished against the victim's will, and sexual penetration accomplished against the victim's will is punishable by imprisonment in state prison for 3, 6, or 8 years. Rape, sodomy, and oral copulation committed in concert with another is punishable by imprisonment in the state prison for 5, 7, or 9 years. This bill would provide that the punishment for these specified crimes upon a child who is under 14 years of age is punishable by imprisonment in state prison for 9, 11, or 13 years, and if committed upon a minor who is 14 years of age or older is punishable by imprisonment in state prison for 7, 9, or 11 years. This bill would provide that if these crimes are committed in concert with another person upon a child who is under 14 years of age they are punishable in state prison for 10, 12, or 14 years and if committed in concert upon a minor who is 14 years of age or older by imprisonment for 7, 9, or 11 years. By increasing the punishment for crimes, this bill would impose a state-mandated local program. Under existing law, a person who commits an act of rape, rape or sexual penetration in concert, sodomy, oral copulation, or sexual penetration, when the act is committed upon a child who is under 14 years of age and 7 or more years younger than the person, is guilty of aggravated sexual assault of a child. Aggravated sexual assault of a child under these circumstances is punishable by imprisonment in state prison for 15 years to life. This bill would provide that it does not preclude prosecution under this existing law. Under existing law, a person who commits any lewd or lascivious act upon a child who is under 14 years of age by use of force or fear is guilty of a felony punishable by imprisonment in state prison for 3, 6, or 8 years. This bill would increase the punishment for this crime to imprisonment in the state prison for 5, 8, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Under existing law, a person who commits any lewd or lascivious act upon a dependent person, as defined, by use of force or fear is guilty of a felony punishable by imprisonment in state prison for 3, 6, or 8 years. This bill would increase the punishment for this crime to imprisonment in the state prison for 5, 8, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life. This bill would provide that these felonies committed under the above-specified circumstances upon a victim who is a child under 14 years of age shall be punished by imprisonment in state prison for life without the possibility of parole if the offender is 18 years of age or older or 25 years to life if the offender is under 18 years of age. This bill would add as a circumstance the infliction of bodily harm, as defined, on a victim who is a child under 14 years of age to the list of specified circumstances that would result in this imprisonment. This bill would provide that when rape, spousal rape, rape in concert, or sexual penetration, sodomy, or oral copulation committed against the victim's will are committed under 2 of a specified list of circumstances, upon a minor 14 years of age or older, the punishment shall be imprisonment in state prison for life without the possibility of parole if the offender is 18 years of age or older or 25 years to life if the offender is under 18 years of age, or for 25 years to life if committed under one of the specified circumstances. Under existing law, a person convicted of certain felony sex offenses shall be committed to prison for a term of 15 years to life if during the commission of the felony the defendant inflicted great bodily injury on the victim. This bill would provide that any person who is convicted of certain sex offenses under specified circumstances, upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. The bill would provide a life term of imprisonment for any person convicted of a lewd or lascivious act where he or she inflicted bodily harm. Existing law makes it unlawful for a person who is required to register as a sex offender to reside within 2,000 feet of a public or private school, or park where children regularly gather. Existing law also provides that any person required to register as a sex offender who comes into any school building or upon any school ground without lawful business and written permission is guilty of a misdemeanor. This bill would make it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person's parole agent. Under existing law, a prisoner is generally released on parole for a period not exceeding 3 years, except that inmates sentenced for certain enumerated violent felonies are released on parole for a period not exceeding 5 years. Under existing law, the period of parole for an inmate who has received a life sentence for certain specified sex offenses is for a period not exceeding 10 years. This bill would require lifetime parole for habitual sex offenders, persons convicted of kidnapping a child under 14 years of age with the intent to commit a specified sexual offense, and persons convicted of other specified sex crimes, including, among others, aggravated sexual assault of a child. The bill would, unless a longer period of parole applies, impose a 10-year parole period on inmates sentenced for kidnapping with the intent to commit specified sex offenses, specified lewd or lascivious acts, and other specified sexual offenses. The bill would impose a 20-year parole period on inmates convicted and required to register as sex offenders for rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, and other specified sex crimes, in which one or more of the victims of the offense was a child under 14 years of age, as specified. Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or receiving stolen property and having served time in a penal institution therefor, is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison. This bill would require that most persons be convicted 3 or more times of a qualifying offense to be subject to imprisonment in the state prison for petty theft. Persons required to register as sex offenders, or with a prior serious or violent felony conviction, who have been convicted and imprisoned for the commission of specified crimes, including, among others, petty theft, auto theft, burglary, carjacking, or robbery, would remain subject to imprisonment in the state prison with one prior qualifying offense. Existing law provides that the sex offender risk assessment tool for use with selected populations shall be known as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) . Existing law provides that the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale. Existing law requires the SARATSO Review Committee to determine whether the STATIC-99 should be supplemented with an actuarial instrument that measures dynamic risk factors or whether it should be replaced with a different risk assessment tool. This bill would provide that the STATIC-99 shall be the SARATSO static tool for adult males. The bill would require the SARATSO Review Committee, on or before January 1, 2012, to select an actuarial instrument that measures dynamic risk factors and an actuarial instrument that measures risk of future sexual violence to be administered as specified. The bill would provide that persons who administer the dynamic SARATSO and the future violence SARATSO shall be trained, as specified. The bill would make other conforming changes. Existing law provides that with respect to a person who has been convicted of specified sex crimes, the Department of Justice shall make available to the public via the department's Internet Web site certain identifying and criminal history information. This bill would require the department to also make available the person's static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool. Existing law requires that persons convicted of certain sex crimes be evaluated by the county probation department and requires that if a defendant is granted probation, the court shall order the defendant to be placed in an appropriate treatment program designed to deal with child molestation or sexual offenders, if an appropriate program is available in the county. This bill would remove the requirement that the defendant be placed in an appropriate treatment program but would instead impose specified conditions, including participation in an approved sex offender management program, on persons released on formal supervised probation for an offense requiring registration as a sex offender, as specified. By imposing additional requirements on county probation departments, this bill would impose a state-mandated local program. The bill would similarly require participation in an approved sex offender management program, as a condition of parole, for persons released on parole for an offense that requires registration as a sex offender, as specified. Existing law requires that, as a condition of parole, prisoners who meet specified criteria be treated by the State Department of Mental Health. Existing law requires that prior to release on parole, these prisoners be evaluated, as specified. Existing law provides that only if both independent professionals who evaluate the prisoner, as required, concur with the chief psychiatrist's certification shall treatment by the department be required. This bill would instead make these provisions applicable to the prisoner if at least one of the independent professionals concurs with the chief psychiatrist's certification. Under the Personal Income Tax Law, individual taxpayers are allowed to contribute amounts in excess of their tax liability for the support of specified funds or accounts, including, among others, the California Sexual Violence Victim Services Fund. Existing law provides for the appearance of this fund on the tax return form until January 1, 2011, unless a later enacted statute deletes or extends that date. This bill would delete the January 1, 2011, repeal date. This bill would incorporate additional changes to Section 290.06 of the Penal Code proposed by SB 1201 contingent on the prior enactment of that bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.