Asm. Ed Chau

This measure would proclaim the week of March 4, 2018, through March 10, 2018, inclusive, as Women in Construction Week.

Existing law makes it a misdemeanor or a felony to bring tear gas or a tear gas weapon into a juvenile hall or camp, or to possess tear gas or a tear gas weapon in a juvenile hall or camp, except as authorized by law, or when authorized by the person in charge or an officer of the of the juvenile hall or camp. Existing law makes it a felony to use tear gas or a tear gas weapon in a juvenile hall or camp except as authorized. This bill would prohibit an officer or employee of a juvenile facility, as defined, from possessing any chemical agent, as defined, in a juvenile facility. The bill would allow pepper spray to be used in a juvenile facility as a last resort when necessary to suppress a riot when authorized by a juvenile facility administrator or designee. The bill would require that all use of pepper spray be documented, as provided.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Existing California Supreme Court case law allows the value of property taken pursuant to distinct acts of theft to be aggregated to a single count of grand theft if motivated by one intention, one general impulse, and one plan. Existing appellate case law allows the value of property from more than one victim to be aggregated if the thefts were accomplished as a result of one scheme or plan to defraud the victims and a single intent to act. This bill would specify that if the value of the money, labor, real property, or personal property taken or intended to be taken exceeds $950 over the course of distinct but related acts, whether committed against one or more victims, the value of the money, labor, real property, or personal property taken or intended to be taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. The bill would state that these changes are declaratory of existing law.

The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, failure to make this report is a crime. Existing law creates the Office of Child Abuse Prevention within the State Department of Social Services. Existing law requires the State Department of Education, in consultation with the office, to develop and disseminate information to specified school entities and school personnel regarding the detection and reporting of child abuse. Existing law also requires the State Department of Education, in consultation with the office, to provide statewide guidance on the responsibilities of mandated reporters who are school personnel, including information on the identification of child abuse and neglect and reporting requirements for child abuse and neglect, in accordance with the Child Abuse and Neglect Reporting Act. This bill would require the office to develop an appropriate online training module, as specified, to instruct public or private organizations serving youth in the detection of child abuse or neglect, as defined, and the proper action a mandated reporter is required to take in suspected cases of child abuse or neglect, in accordance with the Child Abuse and Neglect Reporting Act. The bill would require specified employees of a public or private organization serving youth to use the online training module and complete the training upon the start of employment and annually thereafter. The bill would also require specified volunteers of a public or private organization serving youth to use the online training module and complete the training upon the start of every tenure of volunteer service, and annually thereafter if the service extends for a time period greater than one year. The bill would require a public or private organization serving youth to retain proof that an employee or volunteer completed this training for at least 20 years after the date of completion and would make a public or private entity that fails to comply with these requirements liable for a civil penalty of $500 for a first violation and $1,000 for each subsequent violation. The bill would authorize the Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney to bring an action to impose this civil penalty.

This measure would proclaim March 5, 2018, to March 9, 2018, inclusive, as School Breakfast Week.