Asm. Jacqui Irwin

(1) Existing law, as proposed by SB 10 of the 2017–18 Regular Session, commencing October 1, 2019, requires persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services, defined as an entity, division, or program that is assigned the responsibility to assess the risk level of persons charged with the commission of a crime, report the results of the risk determination to the court, and make recommendations for conditions of release of individuals pending adjudication of their criminal case. SB 10 requires the courts to establish pretrial assessment services and authorizes those services to be performed by court employees or through a contract with a local public agency, as specified. SB 10 provides that if no local agency will agree to perform the pretrial assessments, and if the court elects not to perform the assessments, the court may contract with a new local pretrial assessment services agency established specifically to perform the role. SB 10 requires pretrial assessment services to be performed by public employees. This bill, notwithstanding the requirement that pretrial assessment services be performed by public employees, would authorize, until January 1, 2023, a qualified local public agency in the City and County of San Francisco to contract with the existing not-for-profit entity that is performing pretrial services in the city and county to provide continuity and sufficient time to transition the entity's employees into public employment. (2) SB 10 authorizes Pretrial Assessment Services to release a person assessed as being a low risk, as defined, on his or her own recognizance, and additionally requires superior courts to adopt rules authorizing Pretrial Assessment Services to release persons assessed as being a medium risk, as defined, on his or her own recognizance. However, SB 10 prohibits Pretrial Assessment Services from releasing persons who meet specified conditions, including, among others, tier 2 sex offenders subject to registration for a minimum of 20 years and tier 3 sex offenders subject to lifetime registration. This bill would provide that if SB 10 of the 2017–18 Regular Session becomes operative, the release prohibitions described above would be expanded to additionally include persons convicted of sex crimes and certain other offenses subject to the Sex Offender Registration Act, as specified. By increasing the length of time certain persons remain in county jails, this bill would impose a state-mandated local program. (3) 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 the statutory provisions noted above.

Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law requires, if the defendant has performed satisfactorily in diversion, that the court dismiss the defendant's criminal charges, with a record filed with the Department of Justice indicating the disposition of the case diverted, that the arrest is deemed never to have occurred, and requires the court to order access to the record of the arrest restricted, except as specified. This bill would make defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. The bill would authorize a court to require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion, as specified. The bill would also require the court, upon request, to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion. The bill would provide that a defendant's inability to pay restitution due to indigence or mental disorder would not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. The bill would also make technical changes.

Existing law requires a business to take all reasonable steps to dispose of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable. Existing law also requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Existing law authorizes a customer injured by a violation of these provisions to institute a civil action to recover damages. This bill, beginning on January 1, 2020, would require a manufacturer of a connected device, as those terms are defined, to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure, as specified. This bill would become operative only if SB 327 of the 2017–18 Regular Session is enacted and becomes effective.

Existing law requires a business to take all reasonable steps to dispose of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable. Existing law also requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Existing law authorizes a customer injured by a violation of these provisions to institute a civil action to recover damages. This bill, beginning on January 1, 2020, would require a manufacturer of a connected device, as those terms are defined, to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure, as specified. This bill would become operative only if AB 1906 of the 2017–18 Regular Session is enacted and becomes effective.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene the Scientific Advisory Panel on Environmental Farming, as prescribed, for the purpose of providing advice to the secretary on the implementation of the Healthy Soils Program and the State Water Efficiency and Enhancement Program and assistance to federal, state, and local government agencies on issues relating to the impact of agricultural practices on air, water, and wildlife habitat, as specified. Existing law requires the department, in consultation with the panel, to establish and oversee a Healthy Soils Program to seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including, but not limited to, loans, grants, research, and technical assistance, and educational materials and outreach, to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. This bill would require the department to establish a technical assistance grant program to provide funds to technical assistance providers, as defined, to provide assistance to Healthy Soils Program, alternative manure management practices programs, and State Water Efficiency and Enhancement Program applicants. The bill would require the secretary to make available to the grant program not less than 5% of the funds appropriated to the department for those programs, but not more than $5,000,000, for the purposes of providing technical assistance to farmers and ranchers who apply for grants from those programs, prioritizing that technical assistance to farms and ranches that are 500 acres or less, and supporting annual information sharing among technical assistance providers, the department, and other relevant stakeholders for the continuous improvement of programmatic guidelines, application processes, and relevant climate change and agricultural research. The bill would require the department, on or before January 31, 2021, to provide an update to the panel on the grant program.

Existing law authorizes the Governor to make, amend, and rescind orders and regulations to implement the California Emergency Services Act. The act requires the Governor to coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency in this state. The act creates within the office of the Governor the Office of Emergency Services, which is responsible for the state's emergency and disaster response services, as specified. By Executive order in 2015, the Governor directed the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center (Cal-CSIC) , with its primary mission to reduce the likelihood and severity of cyber incidents that could damage California's economy, its critical infrastructure, or public and private sector computer networks in the state. The Executive order, among other things, required that the Cal-CSIC be comprised of representatives from various entities, and that it develop a statewide cybersecurity strategy informed by recommendations from the California Task Force on Cybersecurity and in accordance with state and federal requirements, standards, and best practices. This bill would establish in statute the Cal-CSIC within the Office of Emergency Services, the primary mission of which is the same as Cal-CSIC as created by Executive order. The bill would require Cal-CSIC to include representatives from the Office of Emergency Services, the Office of Information Security in the Department of Technology, the State Threat Assessment Center, the Department of the California Highway Patrol, the Military Department, the Office of the Attorney General, the California Health and Human Services Agency, and others. The bill would incorporate language of the Executive order to, among other things, require Cal-CSIC to coordinate with the California State Threat Assessment System and the United States Department of Homeland Security, establish a cyber incident response team, and safeguard the privacy of individuals' sensitive information.

The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the Wildlife Conservation Board may authorize the Department of Fish and Wildlife or the State Public Works Board to acquire real property, rights in real property, water, or water rights for the benefit of wildlife. The Rangeland, Grazing Land, and Grassland Protection Act requires the Wildlife Conservation Board to carry out the California Rangeland, Grazing Land, and Grassland Protection Program to protect California's rangeland, grazing land, and grasslands through the use of conservation easements. Existing law authorizes the Department of Fish and Wildlife to take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration and authorizes the department to partner with federal agencies, nonprofit organizations, academic programs, private landowners, and other entities that undertake actions to conserve monarch butterflies and aid their successful migration. This bill would establish the Monarch Butterfly and Pollinator Rescue Program, to be administered by the Wildlife Conservation Board, for the purpose of recovering and sustaining populations of monarch butterflies and other pollinators. To achieve these purposes, the bill would authorize the board to provide grants and technical assistance, as prescribed. The bill would require the board to develop and adopt project selection and evaluation guidelines, in coordination with the Department of Food and Agriculture, before disbursing these grants. The bill would establish the Monarch Butterfly and Pollinator Rescue Fund Account in the State Treasury, and would authorize expenditure of moneys in the account, upon appropriation by the Legislature, for purposes of the program.

(1) The General Corporation Law sets forth procedures for the creation and dissolution of a corporation. The California Revised Uniform Limited Liability Company Act governs the formation, operation, and dissolution of limited liability companies. This bill would make a domestic corporation and a limited liability company subject to administrative dissolution or administrative cancellation, as specified, if the corporation's or company's corporate powers are, and have been, suspended by the Franchise Tax Board for a specified period of time. Prior to the administrative dissolution or administrative cancellation of the corporation or company, the bill would require the Franchise Tax Board to provide notice to the corporation or company of the pending administrative dissolution or administrative cancellation. The bill would require the Franchise Tax Board to transmit to the Secretary of State the names and Secretary of State file numbers of the corporations and companies subject to administrative dissolution or administrative cancellation. The bill would also require the Secretary of State to provide notice of the pending administrative dissolution or administrative cancellation on its Internet Web site, as specified. The bill would authorize a corporation or limited liability company to provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative cancellation. If there is no written objection or the written objection fails, the bill would require the corporation or company to be administratively dissolved or administratively canceled and would provide that the certificate of the Secretary of State is prima facie evidence of the administrative dissolution or administrative cancellation. Upon administrative dissolution or administrative cancellation, the bill would abate the corporation's or company's liabilities for qualified taxes, interest, and penalties, as provided. This bill would authorize the Franchise Tax Board to abate, upon written request by a qualified entity, as defined, unpaid qualified taxes, interest, and penalties, as defined, for the taxable years in which the entity certifies, under penalty of perjury, that it was not doing business, as defined. The bill would make this abatement conditioned on the dissolution or cancellation of the qualified entity prior to the abatement. The bill would require the Franchise Tax Board to prescribe rules and regulations to carry out these abatement provisions and would exempt these rules and regulations from the Administrative Procedure Act. (2) Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation. This bill would make certain legislative findings and declarations that its provisions serve a public purpose, as provided. (3) By expanding the crime of perjury, the bill would impose 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 no reimbursement is required by this act for a specified reason.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law, the Seymour-Campbell Student Success Act of 2012, provides that the purpose of the act is to increase California community college student access and success by providing effective core matriculation services of orientation, assessment and placement, counseling, and other education planning services, and academic interventions. Existing law requires a community college district or college to maximize the probability that a student will enter and complete transfer-level coursework in English and mathematics within a one-year timeframe. Existing law requires, for those students placed into credit English as a second language (ESL) coursework, community colleges to maximize the probability that the student will complete degree and transfer requirements in English within 3 years. Existing law also requires multiple measures to apply in the placement of all students, as provided. Existing law also establishes the Student Equity and Achievement Program, pursuant to which funding may be provided to support the California Community Colleges in implementing activities and practices that, among other things, advance the systemwide goal of eliminating achievement gaps for students from traditionally underrepresented groups. This bill would provide that, as a condition for receiving funding pursuant to the Student Equity and Achievement Program, a community college would be required to do all of the following: inform students of their rights to access transfer-level coursework and academic credit ESL coursework, and of the multiple measures placement policies developed by the community college, as provided; annually report to the Office of the Chancellor of the California Community Colleges the community college's placement policies and placement results; publicly post its placement results; and implement these provisions by a specified date. The bill would state the intent of the Legislature that the chancellor's office make the collected placement policies and placement data publicly available, except for personally identifiable information, by posting the data on its Internet Web site or making it publicly available upon request.