Asm. Freddie Rodriguez

This measure would proclaim the month of January 2016 as Human Trafficking Awareness Month, encourage all Californians to become educated about human trafficking and work to eradicate these criminal practices within and beyond our borders, and encourage Members of the Legislature, as well as organizations, businesses, and individuals, to host or sponsor and attend community events in order to bring visibility and support to efforts made by nongovernmental organizations to recognize and combat human trafficking.

Existing law authorizes a school district or school to provide a comprehensive program in first aid or cardiopulmonary resuscitation training, or both, to pupils and employees in accordance with specified guidelines. Existing law establishes a list of courses that a pupil in a school district is required to complete in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including 2 courses in physical education unless exempted. This bill would require, commencing with the 2017–18 academic year, the governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, to provide instruction on performing cardiopulmonary resuscitation and the use of an automated external defibrillator as part of a physical education course or another course required for graduation, as provided. The bill would also make conforming changes to a related code section. By imposing additional requirements on school districts and charter schools, 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, 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, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Existing law, as adopted by the voters by the passage of Proposition 83 at the November 7, 2006, statewide general election, prohibits a person who is required to register as a sex offender from living in specified places, including within 2,000 feet of a school or park where children regularly gather. Existing law authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of the registered sex offender. Existing law makes 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. This bill would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender from residing or being present at certain locations within the local agency's jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender's ability to reside or be present at certain locations within the local agency's jurisdiction.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state agencies concerning emergency medical services. Existing law requires the authority to develop planning and implementation guidelines for emergency medical services systems that addresses specified components, including data collection and evaluation. The act authorizes each county to establish an emergency medical services program under which the county is required to designate a local emergency medical services (EMS) agency. Existing law authorizes a local EMS agency to implement a trauma care system only if the system meets the minimum standards adopted by the authority, as prescribed. Existing law requires a local EMS agency that elects to implement a trauma care system to develop and submit a plan for that trauma care system to the authority in accordance with regulations adopted by the authority. This bill would require a local EMS agency implementing a trauma care system, as part of the minimum standards, to, among other things, commission an independent nonprofit organization or governmental entity qualified to assess trauma systems to conduct a comprehensive regional assessment of equitability and access to its trauma system, and would require the assessment to be performed in conjunction with other local EMS agencies in that agency's region and the regional trauma coordinating committee (RTCC) established by the authority for that region. The bill would require the local EMS agencies to submit the results of each assessment to the authority. The bill would require that the assessments occur at least once every 5 years, but would authorize the RTCCs and the authority to determine, after the initial assessment, whether it would be proper for subsequent assessments to occur on a more frequent basis, as specified. The bill would authorize the 5 RTCCs to assess and provide recommendations to the local EMS agencies and the authority, and would require the local EMS agencies implementing a trauma care system to incorporate these recommendations into their respective trauma care plans. This bill would require the authority to develop a statewide trauma plan that addresses all aspects of a trauma care system and would require the authority to report to the Legislature, by March 1, 2016, the status of the development or implementation of the statewide trauma plan.

Existing law, as amended by the Safe Neighborhoods and Schools Act, a measure approved by the voters at the November 4, 2014, statewide general election, generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB) , or flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year. This bill would make it a felony, punishable by imprisonment in the state prison for 16 months or 2 or 3 years, to possess Ketamine, GHB, or flunitrazepam with the intent to commit sexual assault. By creating a new 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.

(1) Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program. (3) This bill would authorize a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in a criminal conviction, as provided. (4) This bill would incorporate additional changes to Section 243 of the Penal Code proposed by AB 545 that would become operative if this bill and AB 545 are both enacted and this bill is enacted last. (5) 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 University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and independent institutions of higher education as the segments of postsecondary education in this state. Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, if they adopt a specified resolution, and the Board of Directors of the Hastings College of the Law to adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by, the institution, receive treatment and information. This bill would require, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each independent postsecondary institution to adopt and carry out a uniform process, applicable to each campus of the institution, for disciplinary proceedings relating to any claims of sexual assault as defined by the institution's adopted sexual assault policies. The bill would additionally require, until December 31, 2021, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each independent postsecondary institution to report, on or before October 1, 2017, and on an annual basis thereafter, specified data relating to cases of alleged sexual assault, domestic violence, dating violence, and stalking. The bill would require that report to be posted on the respective institution's Internet Web site in a manner easily accessible to students. The bill would also require that the information reported pursuant to these provisions to be reported in a manner that provides appropriate protections for the privacy of individuals involved, including, but not necessarily limited to, protection of the confidentiality of the alleged victim and of the alleged perpetrator.

Under existing law, by executive order, CaliforniaVolunteers is established in the office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism. This bill would authorize CaliforniaVolunteers, for so long as it is authorized to exist, to form a tax-exempt public benefit nonprofit corporation, or other tax-exempt entity, qualified under federal and state law to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. This bill would require the nonprofit corporation or other tax-exempt entity to use the financial support it seeks to be used solely for the governmental purposes approved by CaliforniaVolunteers for activities within the scope of authority of CaliforniaVolunteers. This bill would also establish California AmeriCorps – STEM in state government, to be administered by CaliforniaVolunteers and operate under existing federal AmeriCorps program guidelines. This bill would require that California AmeriCorps – STEM members be selected through an application process for eligible college graduates or students, as specified. This bill would allow a nonprofit corporation, as specified, or a public entity to apply, individually or in partnership with a corporation or individual interested in the promotion of science, technology, engineering, and math (STEM) education, to CaliforniaVolunteers, through a competitive request for proposal process, to host one or more California AmeriCorps – STEM members. This bill would provide that the purpose of California AmeriCorps – STEM is to increase STEM education programs to prepare the next generation for jobs in the STEM fields. This bill would authorize CaliforniaVolunteers to solicit and accept private funding to help supplement the costs of California AmeriCorps – STEM.

Under existing law, the Emergency Medical Air Transportation Act, a penalty of $4 is imposed upon every conviction for a violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. Existing law requires the county or the court that imposed the fine to transfer the moneys collected pursuant to this act to the Emergency Medical Air Transportation Act Fund. Under existing law, the assessment of these penalties will terminate on January 1, 2016, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2017, will transfer to the General Fund. Existing law repeals the Emergency Medical Air Transportation Act on January 1, 2018. This bill would extend the dates of the Emergency Medical Air Transportation Act, so that the assessment of the penalties will terminate commencing January 1, 2018, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2019, will transfer to the General Fund. The bill would extend the operation of the Emergency Medical Air Transportation Act until January 1, 2020. The bill would also make legislative findings and declarations as to the harmful effects of relying on penalty assessments to fund core state programs and the necessity to identify alternative funding sources for emergency medical air transportation services. The bill would require the State Department of Health Care Services and the Department of Finance to develop, by March 1, 2017, a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the expiration of the Emergency Medical Air Transportation Act on January 1, 2020.