(1) Existing law requires, when a range of punishments is prescribed for a particular crime, the punishment to be inflicted in a particular case to be determined by the court, subject to certain limitations, and requires, when a statute specifies 3Â possible terms of imprisonment, the court to order imposition of the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would provide that, when determining the punishment to be imposed in all misdemeanor and infraction cases, or when determining the term to be imposed when a statute specifies 3Â possible terms of imprisonment, the fact that a defendant did not understand the consequences of his or her actions because he or she was raised in an affluent or overly permissive household shall not be considered a circumstance in mitigation of the crime. (2) Existing law requires the court to hear and determine the suitability of probation in a particular case. At the hearing, the court is required to consider any report of the probation officer, and, if the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, the court may place the person on probation. This bill would provide, for purposes of these provisions, that circumstances in mitigation do not include the fact that the defendant may not have understood the consequences of his or her actions because he or she was raised in an affluent or overly permissive household. (3) Existing law provides that no act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Existing law provides that diminished capacity, diminished responsibility, or irresistable impulse is not a defense in a criminal action or juvenile adjudication hearing. This bill would provide that an act committed by a person is not less criminal by reason of his or her having been raised in an affluent or overly permissive household, nor is it a defense to a criminal action or juvenile adjudication that a person did not understand the consequences of his or her actions because he or she was raised in an affluent or overly permissive household. By eliminating a potential criminal defense, this bill would impose a state-mandated local program. (4) 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.
Sponsored bills
This measure would call upon all Californians to observe César Chávez's birthday, March 31, as a day of public service, to recognize the hard work and self-sacrifice that farmworkers go through to feed all the families in our state, and to learn from César Chávez's life and his mission of nonviolence, social justice, and selfless service to others.
(1) The California Integrated Waste Management Act of 1989 requires rigid plastic packaging containers that are sold or offered for sale in this state to meet, on average, one of specified criteria and defines terms for purposes of those requirements. One criteria that a product-associated or a single resin type rigid plastic packaging container may meet to satisfy this requirement is that it have a recycling rate of 45%. The Department of Resources Recycling and Recovery is required to enforce the act's plastic packaging container requirements and a violation of these requirements is a crime. This bill would increase the recycling rate that a product-associated, or single resin type, rigid plastic packaging container is required to meet under this criteria to 75%, thereby imposing a state-mandated local program by changing the definition of a crime. The bill would also delete obsolete provisions and make conforming and nonsubstantive changes. (2) 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 generally requires a law enforcement officer to issue a receipt when the officer takes a firearm into custody. Existing law requires that a firearms transaction be conducted through a licensed firearms dealer if neither party to the transaction holds a dealer's license. Existing law exempts several firearms transfers from the requirement to conduct the transaction through a dealer, including the transfer of a firearm to an authorized representative of a government entity as part of an authorized, voluntary program in which the government entity is buying or receiving weapons from private individuals. This bill would require a city, county, city and county, or state government entity operating a voluntary firearm buy-back program, as defined, to process functioning handguns received pursuant to the program by either performing ballistics testing, a firearms trace, or by cataloging and storing the handgun, as specified. The bill would except antique firearms, as defined, from these provisions.
(1) Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law requires the Department of Finance to issue a finding of completion to a successor agency upon confirmation by the county auditor-controller that specified payments have been fully made by the successor agency. Existing law prohibits a successor agency from entering into contracts with, incurring obligations or making commitments to, any entity, as specified; or from amending or modifying existing agreements, obligations, or commitments with any entity, for any purpose. Existing law defines "enforceable obligation" for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. This bill would authorize a successor agency, if the successor agency has received a finding of completion, to enter into, or amend existing, contracts and agreements, or otherwise administer projects in connection with enforceable obligations, if the contract, agreement, or project will not commit new property tax funds or otherwise adversely affect the flow of specified tax revenues or payments to the taxing agencies, as specified. The bill would specifically include within the definition of "enforceable obligation" an agreement entered into by the redevelopment agency prior to June 30, 2011, if the agreement relates to state highway infrastructure improvements to which the redevelopment agency committed funds pursuant to specified law. (2) Existing law requires that loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency be deemed enforceable obligations if the oversight board makes a specific finding. Existing law requires that, if the loan is an enforceable obligation, the accumulated interest on the remaining principal amount of the loan be recalculated from origination at that interest rate earned by funds deposited into the Local Agency Investment Fund and requires the loan to be repaid in accordance with a defined schedule at an interest rate not to exceed that interest rate. This bill would revise those provisions to provide that any accumulated interest on the remaining principal balance of the loan be recalculated from origination using the interest rate earned by funds deposited into the Local Agency Investment Fund in effect on the date of loan origination, and as adjusted quarterly thereafter and that the remaining balance of the loan and the accumulated interest be repaid in accordance with a defined schedule at an interest rate not to exceed that interest rate as the rate is adjusted on a quarterly basis. This bill would state the Legislature's intent that these revisions be clarifying. (3) Existing law requires a successor agency to prepare a recognized obligation payment schedule, which sets forth the minimum payment amounts and due dates of payments required by enforceable obligations for each 6-month fiscal period, that is required to be submitted to, and approved by, the oversight board, and submitted to other entities, including the Department of Finance. Existing law requires the Department of Finance to make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than 45 days after the Recognized Obligation Payment Schedule is submitted. This bill would require the rejection of an enforceable obligation from a recognized obligation payment schedule for a successor agency that has received a finding of completion from the department to be submitted to the oversight board for review and approval, and would provide that the determination of the oversight board is final and conclusive without further review by the department. (4) Existing law provides that, if an enforceable obligation provides for an irrevocable commitment of property tax revenue and the allocation of those revenues is expected to occur over time, the successor agency may petition the Department of Finance to provide written confirmation that its determination of the enforceable obligation as approved in a Recognized Obligation Payment Schedule is final and conclusive, and reflects the department's approval of subsequent payments made pursuant to the enforceable obligation. This bill would require the Department of Finance to provide that written confirmation within 45 days. (5) Existing law requires a city, county, or city and county that wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, to reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax for the value of the property retained, as specified. This bill would specify that these provisions do not apply to the disposition of properties pursuant to a long-range property management plan. (6) Existing law requires the disposition of assets and properties of the former redevelopment agency as directed by the oversight board, as specified, and suspends these requirements until the Department of Finance has approved a long-range property management plan, as specified. Upon approval of a long-range property management plan, the plan governs and supersedes, all other provisions relating to the disposition and use of the real property assets of the former redevelopment agency. Existing law requires the property of a former redevelopment agency to be disposed of according to law if the department has not approved a long-range property management plan by January 1, 2016. This bill would prohibit the department from requiring compensation agreements as part of the approval of a long-range property management plan and would specify the criteria the department may consider in approving a long-range property management plan. The bill would require the department to approve long-range property management plans as expeditiously as possible. This bill would also provide that actions relating to the disposition of property after approval of a long-range property management plan do not require review by the department. (7) Existing law requires the Controller to review the activities of redevelopment agencies in the state to determine whether an asset transfer has occurred after January 1, 2011, between the city or county, or city and county that created a redevelopment agency or any other public agency, and the redevelopment agency. This bill would require the review to be completed no later than January 1, 2016. (8) Existing law prohibits an agency or community officer or employee who is required to participate in the formulation of, or to approve plans or policies for, the redevelopment of a project area from acquiring any interest in any property included within a project area within the community. This bill would provide that an agency or community officer or employee is not prohibited from acquiring an interest in property within a former redevelopment project area of a dissolved redevelopment agency, as specified. (9) Existing law requires each successor agency to have an oversight board composed of 7 members and requires each member to be appointed by a specified authority. This bill would allow each appointing authority to appoint an alternate representative to serve on the oversight board as may be necessary. This bill would provide that the alternative representative has the same participatory and voting rights as all other attending members of the oversight board, and would require the successor agency to promptly notify the Department of Finance regarding the appointment of any alternate representative. (10) This bill would incorporate additional changes to Section 34180 of the Health and Safety Code proposed by SB 1404 that would become operative only if this bill and SB 1404 are both chaptered and this bill is chaptered last. (11) This bill would incorporate additional changes to Section 34191.4 of the Health and Safety Code proposed by AB 2493 that would become operative only if this bill and AB 2493 are both chaptered and this bill is chaptered last.
Existing law authorizes the governing board of a school district to lay off and reemploy classified employees in accordance with specified procedures. Existing law requires classified employees subject to a layoff, to be effective at the end of the school year, to be given written notice on or before April 29 informing them of the layoff and of any displacement and reemployment rights. This bill would require the superintendent of the employing school district or a charter school administrator to report a change in employment status to the State Department of Education when a classified employee is dismissed, is suspended, resigns, retires, or is otherwise terminated by a decision not to employ or reemploy, as a result of allegations of misconduct, as defined. The bill would require the report to the department to contain all known information about each alleged act of misconduct, as specified, and would require the department to maintain the report by county and by the employee's name in a searchable format. The bill would require the department to establish due process procedures for purposes of removing a classified employee's name from the reports, as provided, and procedures for determining whether a decision to dismiss, suspend, or not to employ or reemploy a classified employee, or when an employee resigns or retires, as a result of an allegation of misconduct or while an allegation of misconduct is pending are proven unfounded or substantiated, as the bill would define those terms. The bill would limit the availability of the report to a school district or charter school for purposes of verifying previous employment action for a classified employee who is being considered for employment. By imposing a new duty on a school district or charter school, the bill would create a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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 requires a driver involved in an accident resulting only in damage to property to, among other things, immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. A violation of these provisions is a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $1,000, or both. This bill would provide that a driver of a vehicle involved in an accident where a person is struck shall immediately stop the vehicle at the scene of the accident and provide specified information including, but not limited to, his or her name and current residence address. A violation of these provisions would be either an infraction, punishable by a fine not exceeding $250, or a misdemeanor, punishable by imprisonment in the county jail for 6 months, or by a fine not exceeding $1,000, or by both, and the Department of Motor Vehicles would be required to immediately suspend the driver's license of a convicted driver for 6 months. Because these changes would have the effect of expanding the scope of an existing crime, this 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, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and prohibits the use of campaign funds to pay or reimburse fines, penalties, judgments, or settlements, except as specified. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. Existing law subjects any member of the Legislature or any member of the legislative body of a city, county, city and county, school district, or other special district who asks for or receives a bribe in exchange for influence over his or her official action to imprisonment in a state prison and imposes prescribed restitution fines based on whether a bribe has actually been received. This bill would incorporate additional changes to Section 89513 of the Government Code, proposed by AB 1692 and SB 831, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. This bill would increase the restitution fines to twice the original amount and prohibit the use of campaign funds to pay for the restitution fines. By introducing a new prohibition, the violation of which would be a misdemeanor, the bill would create a crime, thereby imposing 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
(1) Existing law requires the Department of Motor Vehicles to examine applicants for specific driver's licenses and requires the department to administer a written test of those persons seeking driver's licenses or certificates of renewal. This bill, commencing July 1, 2015, would require the department to include at least one question in each test of an applicant's knowledge and understanding of the provisions of the Vehicle Code to verify that the applicant has read and understands the distractions and dangers associated with handheld cellular phone use and text messaging while operating a motor vehicle. (2) Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver's record for purposes of suspension or revocation of the privilege to drive. Under existing law, it is an infraction for a person to drive a motor vehicle while using a wireless telephone, or an electronic wireless communications device to write, send, or read a text-based communication, unless the telephone or electronic wireless communications device is designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving, except as otherwise provided. A person under 18 years of age is prohibited from driving a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device. A violation point is not given for a violation of these provisions. This bill, commencing July 1, 2015, would assess a violation point for a conviction of these violations.
The United States Constitution provides that it and other federal laws are the supreme law of the land. The 4th Amendment to the United States Constitution sets forth the right against unreasonable searches and seizures by the federal government and prohibits a federal warrant from being issued unless there is probable cause, supported by an oath or affirmation, that particularly describes the place to be searched, and the person or thing to be seized. This bill would enact the 4th Amendment Protection Act and prohibit the state from providing material support, participation, or assistance in response to a request from a federal agency or an employee of a federal agency to collect electronically stored information or metadata of any person if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection of electronically stored information or metadata.