Asm. Jesse Gabriel

Existing law defines a "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy created by POST regarding hate crimes. Existing law also requires, subject to the availability of adequate funding, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. This bill would require the department to carry out various duties relating to documenting and responding to hate crimes, including conducting reviews of all law enforcement agencies every 3 years to evaluate the accuracy of hate crime data provided and agencies' hate crime policies, implementing a school-based program in conjunction with school districts and local law enforcement agencies aimed at educating students regarding how to report all suspected hate crimes to prevent future hate crimes, submitting specified hate crime reports to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data, and sending advisory notices to law enforcement agencies when the department determines that hate crimes are being committed in multiple jurisdictions. The bill would also include a statement of legislative findings and declarations.

(1) Existing law makes it a crime to, knowing the report is false, falsely report that an emergency exists. Existing law makes this crime a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. This bill would make a violation of that crime additionally require that the person intend or recklessly disregard the possibility of causing bodily harm, substantial emotional distress, property damage, or the misuse of public resources. The bill would make a 2nd or subsequent violation of those provisions punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would make a person who engages in activities in violation of those provisions 2 or more times in a manner that evidences a continuity of purpose punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment, or as a felony punishable by imprisonment in the county jail, a fine not to exceed $10,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would create a state-mandated local program. Existing law makes an individual convicted of violating these false reporting provisions liable to a public agency for the reasonable costs of an emergency response resulting from the false report. This bill would authorize an individual who is targeted by a false report in violation of these provisions to bring a civil action against the person who violated this section, or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of these provisions, and would authorize the individual to recover damages and any other appropriate relief, including reasonable attorney's fees. (2) Existing law makes a person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for the person's safety, or the safety of the person's immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony. This bill would instead make a person guilty of stalking if the person intentionally or knowingly engages in a course of conduct, without a legitimate purpose, directed at or concerning another individual, that would cause a reasonable person in that specific individual's position, and is intended to cause that person, to fear death or death of a close relation, to fear bodily injury or bodily injury to a close relation, as defined, to suffer substantial emotional distress or to fear substantial emotional distress to a close relation. The bill would make a first violation of these provisions punishable as a misdemeanor or a felony. The bill would make a 2nd or subsequent violation of these provisions punishable as a felony. By expanding the scope of a crime, this bill would create a state-mandated local program. (3) Existing law makes it a crime for a person who, with the intent to place another person in reasonable fear for that other person's safety, or the safety of the other person's immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted contact, injury, or harassment by a third party, distributes personal identifying information that would be likely to incite or produce that unlawful action. Existing law makes this a misdemeanor punishable by up to one year in a county jail or by a fine of not more than $1,000. This bill would make a 2nd or subsequent violation of that crime punishable by up to one year in a county jail, by a fine of not more than $5,000, or by both that fine and imprisonment. The bill would additionally make a person who engages in activities in violation of these provisions on 2 or more occasions subject to punishment by imprisonment in a county jail not to exceed one year, by a fine not to $5,000, or by both that fine or imprisonment, or as a felony by imprisonment in a county jail for 16 months or 2 or 3 years, by a fine not to exceed $10,000, or by both that fine and imprisonment. By increasing the punishment of a crime, this bill would create a state-mandated local program. The bill would additionally authorize an individual who is a victim of this crime or of stalking to bring a civil action against the person who committed the offense, or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this crime, and to recover damages and any other appropriate relief, including reasonable attorney's fees. The bill would also make an individual convicted of a violation of these crimes, where the victim is an employee of a public agency and the violation causes a response by that public agency to protect that employee, liable to that public agency for the reasonable costs of the response by that public agency. 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 California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing laws set forth the duties and authority of the office and the director, with respect to specified emergency preparedness, mitigation, and response activities within the state. This bill would require the office to prepare for the planning, resourcing, management, and delivery of safety and security at the potential 2026 FIFA World Cup hosting sites in the City of Los Angeles and the San Francisco Bay area. The bill would require the office, no later than one year from the date the final selection of host cities is made, to enter into a memorandum of understanding with the cities hosting the 2026 FIFA World Cup games, the chosen host committees, and with other necessary parties to implement those safety and security activities. The bill would repeal these provisions on January 1, 2027. 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 regulates advertising, including motel and motor court rate signs. Existing law, upon the proclamation of a state of emergency or the declaration of a local emergency and for a period of 30 days after, prohibits the owner or operator of a hotel or motel from increasing its regular advertised rates by more than 10%, as specified. Existing law makes a violation of this prohibition a misdemeanor. In addition, a violation of the provisions contained in the Penal Code is an unfair business practice and an act of unfair competition. This bill would make these provisions applicable to a short-term lodging establishment, defined as any hotel, motel, bed and breakfast inn, or other similar lodging establishment. Because the bill would expand the definition of a crime, it 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 prohibits the use of tobacco and nicotine products in a county office of education, charter school, or school district-owned or leased building, on school or school district property, and in a school or school district vehicle. Existing law requires school districts, charter schools, and county offices of education to prominently display signs at all entrances to school property stating "Tobacco use is prohibited." Existing law prohibits a school from permitting the smoking or use of a tobacco product by pupils of the school while the pupils are on campus, attending school-sponsored activities, or under the supervision and control of school district employees. This bill would authorize a school of a school district or county office of education or a charter school to permanently confiscate and immediately dispose of a tobacco product, as defined, or cannabis product, as defined, taken from a pupil while the pupil is on campus, attending a school-sponsored activity, or under the supervision and control of a school employee.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for this purpose. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided. This bill would require the State Department of Education to develop model referral protocols, as provided, for addressing pupil mental health concerns. The bill would require the department to consult with various entities in developing the protocols, including current classroom teachers and administrators. The bill would require the department to post the model referral protocols on its internet website. The bill would make these provisions contingent upon funds being appropriated for its purpose in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose.

This measure would designate the week of February 24, 2020, to March 1, 2020, as Eating Disorders Awareness Week.

The Mitigation Fee Act authorizes a local agency to charge a variety of fees, dedications, reservations, or other exactions in connection with the approval of a development project, as defined. Existing law prohibits a local agency from imposing fees for specified purposes, including fees for water or sewer connections, capacity charges, zoning variances or changes, use permits, and building inspections or permits, among others, that exceed the estimated reasonable cost of providing the service for which the fee is charged, unless voter approval is obtained. Existing law, for specified fees, requires any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion. Exiting law also provides that, if an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge and the adjustment results in an increase in the fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be commenced within 120 days of the increase. This bill would delete the provisions requiring a judicial action or proceeding to attack, review, set aside, void, or annul an ordinance within 120 days of the effective date of the ordinance or increase, as applicable. The bill would instead require a judicial action or proceeding to be conducted in accordance with other procedures that, among other things, require a protest to be filed within 90 days after the imposition of the fees and an action to attack, review, set aside, void, or annul the imposition of the fees to be filed within 180 days after delivery of a specified notice by the local agency. The bill would require revenues in excess of actual cost to be used to reimburse the payor of the fee or service charge. By imposing new duties on local agencies, 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.

(1) Existing law requires the Department of Justice to examine its records in order to determine whether the purchaser of a firearm is prohibited by state or federal law from possessing a firearm. If the department determines that the purchaser is prohibited from possessing a firearm, existing law requires the department to notify the firearms dealer and either the chief of police or the sheriff in the county in which the sale was made. This bill would, commencing January 1, 2022, require the Department of Justice to notify the relevant local law enforcement agency of each application to purchase a firearm, request to register the acquisition or ownership of a firearm, request to obtain a serial number for a firearm, request to register an assault weapon or .50 BMG rifle, and request for specified weapons permits. Commencing January 1, 2025, the bill would also require the department to notify the relevant local law enforcement agency of each request to purchase a firearm precursor part. (2) Existing law makes it a crime for certain persons to possess a firearm, including, among other persons, persons convicted of a felony, persons who are addicted to the use of a narcotic drug, persons convicted of specified violent offenses, persons who have been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, and persons who have been admitted to a facility, are receiving inpatient treatment, and, in the opinion of the attending health professional who is primarily responsible for the patient's treatment, are a danger to themselves or others. This bill would require the Department of Justice, if the department determines that a person prohibited from possessing a firearm by the provisions described above has attempted to acquire a firearm, to notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside. If the person is prohibited from owning or possessing a firearm because of a mental illness, as defined, the bill would require the department to also notify the county department of mental health in the county in which the person was last known to reside. (3) Existing law, as added by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by a licensed ammunition vendor. Existing law generally requires ammunition to be sold only to people who meet specified criteria, including to a person whose firearms ownership information matches an entry in the Automated Firearms System and who is eligible to possess ammunition. This bill would require the Department of Justice to notify the relevant local law enforcement agency if a person who is prohibited from possessing ammunition attempts to purchase ammunition.