Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court. This bill would additionally allow a petition to be dismissed by a court that takes jurisdiction of the case, as specified. This bill would also authorize a judge of a juvenile court to dismiss a petition pursuant to these provisions at any time after the filing of a petition, and regardless of whether the petition was sustained at trial, by admission or plea agreement. The bill would require a court, at the time the court terminates jurisdiction or any time thereafter, to consider and afford great weight to evidence offered by the person to prove that specified mitigating circumstances are present unless the person seeking relief under these provisions has been convicted of a serious or violent felony, as defined. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing a petition pursuant to these provisions. The bill would specify that dismissal of a petition pursuant to these provisions would not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution.
Sponsored bills
Existing law establishes the Transgender Wellness and Equity Fund, under the administration of the State Department of Public Health's Office of Health Equity, for the purposes of funding grants to create programs, or funding existing programs, focused on coordinating trans-inclusive health care for individuals who identify as transgender, gender nonconforming, or intersex (TGI) . Existing law makes the grants available to TGI-serving organizations, defined as an organization with a mission statement that centers around serving transgender, gender nonconforming, and intersex people, and where at least 65% of the clients of the organization are TGI. This bill would rename the fund as the Transgender, Gender Nonconforming, and Intersex Wellness and Equity Fund and define the terms transgender, gender nonconforming, and intersex. The bill would add to the definition of a TGI-serving organization a nonprofit that serves as the fiscal agent or sponsor for an above-described organization and would require a nonprofit serving in that capacity to pass all funding to the above-described organization, but would authorize a reasonable or industry standard fee for administrative costs.
Existing law generally provides that a person is not eligible to hold a county or district office, unless the person is a registered voter of the county or district in which the duties of the office are to be exercised at the time nomination papers are issued to the person or at the time of the appointment of the person. Existing law authorizes the board of supervisors or any other legally constituted appointing authority in a county or district, if it finds that the best interests of the county or district will be served, to waive the registered voter requirement for an appointed county or district office. This bill would remove that waiver authority and, instead, apply the registered voter requirement only to elective county or district offices, as specified.
Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law also allows a gun violence restraining order to be issued on an ex parte basis for up to 21 days. Existing law allows a petition for these gun violence restraining orders to be made by a law enforcement officer, or an immediate family member, employer, coworker, or teacher of the subject of the petition. This bill would additionally allow a petition for these gun violence restraining orders to be made by an individual who has a child in common with the subject, an individual who has a dating relationship with the subject, or a roommate of the subject of the petition, as specified. The bill would expand the family members who can file a petition to include any person related by consanguinity or affinity within the 4th degree who has had substantial and regular interactions with the subject for at least one year.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. This bill would enact the California Ban on Scholarship Displacement Act of 2021, which would prohibit each public and private institution of higher education in the state that receives, or benefits from, state-funded financial assistance, or that enrolls students who receive state-funded student financial assistance, from reducing certain students' institution-based gift aid offer below their financial need, except as specified. The bill would make its provisions severable.
Existing law defines the ballot label as the portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, existing law requires the Attorney General to prepare a condensed version of the ballot title and summary, including the fiscal impact summary prepared by the Legislative Analyst that is printed in the state voter information guide. This bill would additionally require the ballot label for statewide measures, and, at the option of a county, the ballot label or similar description on the ballot of county, city, district, and school district measures, to include a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of ballot arguments printed in the voter information guide that support and oppose the measure, as specified. The bill would require a nonprofit organization, business, or individual to meet certain criteria before being listed on the ballot label or similar description of the measure on the ballot. The bill would require the signers of the ballot arguments to submit the lists of supporters and opponents to the Secretary of State or the respective elections official and would require the Secretary of State or respective elections official to provide those lists to county elections officials as part of the ballot label. The bill would make conforming changes and related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Because the bill would impose additional duties on local elections officials, and because it would expand the crime of perjury, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Dixon-Zenovich-Maddy California Arts Act of 1975 establishes the Arts Council, consisting of 11 appointed members. The act specifies the duties of the council, including providing for the exhibition of art works in public buildings throughout California. Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development. Existing law authorizes the Governor to appoint the Director of the Office of Small Business Advocate who serves as the Small Business Advocate. Existing law requires the advocate to serve as the principal advocate in the state on behalf of small businesses, to represent the views and interests of small businesses before other state agencies, and to enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by state government that are of benefit to small businesses, among other things. This bill would create in the State Treasury the Performing Arts Equitable Payroll Fund. The bill would require the Office of Small Business Advocate to establish and administer a grant program, funded by the Performing Arts Equitable Payroll Fund, upon appropriation by the Legislature, for the purpose of enabling small nonprofit performing arts organizations, as defined, to hire and retain employees. The bill would limit the eligibility of applicants for the grant program to applicants that submit specified information, and, in some cases, information that has been attested to, including founding documents for the organizations, various policies and statements of the organization, financial records of the organization, or of its fiscal sponsor; and evidence of its production and advertisement of performing arts events that it has made open to the public. The bill would exclude various organizations from eligibility, as specified. The bill would require any recipient of the grant to provide the office with certified information, including certification that the grant funds were used for only the specified purposes allowed by these provisions; organizational information including venue size where applicable, annual budget, the number of employees and independent contractors in the last budget year, and the percentage of budget spent on payroll expenses; and certification that there have been no final judgments relating to employee misclassification at any time after the effective date of these provisions. This bill would require the office to adopt regulations as necessary for ensuring that grant recipients have not used moneys for other purposes and for validating the accuracy of certifications provided. The bill would authorize the office to distribute the grant according to a specified schedule that assigns a percentage of the first $10,000 of payroll expenses to be reimbursed based on the adjusted gross revenue, as defined, of the grant recipient organization per employee per quarter.
Existing law requires the court and the California Victim Compensation Board to grant specified relief if a person is found to be factually innocent, including the sealing of records of arrest and detention and recommending that the Legislature make an appropriation to indemnify the person for injury suffered through their erroneous conviction and imprisonment, as specified. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person's state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief to be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would require the California Victim Compensation Board, when it makes a determination or finding of innocence, to report, among other information, a description of those proceedings to the Department of Justice, as specified. The bill would, in certain circumstances, extend the deadline from 30 days to 90 days from the filing of a claim for the California Victim Compensation Board to calculate the compensation for the claimant and approve payment to the claimant. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person. This bill would incorporate additional changes to Sections 4900, 4903, and 4904 of the Penal Code proposed by SB 993 to be operative only if this bill and SB 993 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 1485.55 and 4902 of the Penal Code proposed by SB 981 to be operative only if this bill and SB 981 are enacted and this bill is enacted last. 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.
(1) Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits "911" to be the primary emergency telephone number within the system. Existing law specifies provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law specifies that county mental health services should be organized to provide immediate response to individuals in precrisis and crisis and to members of the individual's support system on a 24-hour, 7-day-per-week basis and authorizes provision of crisis services offsite as mobile services. Existing federal law, the National Suicide Hotline Designation Act, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline maintained by the Assistant Secretary for Mental Health and Substance Abuse and the Veterans Crisis Line maintained by the Secretary of Veterans Affairs. This bill would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of Emergency Services to verify, no later than July 16, 2022, that technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout the state. The bill would require, no later than 90 days after passage of the act, the office to appoint a 988 system director, among other things. The bill would require, no later than July 1, 2024, the office to verify interoperability between and across 911 and 988. The bill would require the office to consult with specified entities on any technology requirements for 988 centers. This bill would require the California Health and Human Services Agency to create, no later than December 31, 2023, a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system. The bill would require that agency to convene a state 988 advisory group, as described, for purposes of advising the agency on the set of recommendations. The bill would require the agency to report annually, on or before December 31, beginning December 31, 2024, and until December 31, 2029, to the Legislature on the status of 988 implementation in the state, as described. The Administrative Procedure Act generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. The bill would provide that regulations and other similar instruments made pursuant to these provisions by the Office of Emergency Services and the California Health and Human Services Agency are not subject to the rulemaking provisions of the Administrative Procedure Act. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or disability insurance policy issued, amended, or renewed on or after January 1, 2021, to provide coverage for medically necessary treatment of mental health and substance use disorders, as defined, under the same terms and conditions applied to other medical conditions. This bill would require health care service plans and insurers to cover medically necessary treatment of a mental health or substance use disorder, including behavioral health crisis services, provided by a 988 center or mobile crisis team, regardless of whether the service is provided by an in-network or out-of-network provider, at the in-network cost-sharing amount, as defined. By creating a new crime under the Knox-Keene Act, this bill would impose a state-mandated local program. (3) Existing law, the Emergency Telephone Users Surcharges Act, generally imposes a surcharge on each access line for each month or part thereof for which a service user subscribes with a service supplier, at an amount no greater than $0.80, based on the Office of Emergency Services' estimate of the number of access lines to which the surcharge will be applied per month for a calendar year period that it estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs. Existing law imposes a surcharge on the purchase of prepaid mobile telephony services at the time of each retail transaction in this state, at the rate equal to the monthly surcharge amount per access line, to be paid by prepaid consumers and collected by sellers, as defined. Existing law exempts certain lines from the surcharge, including lines supplying lifeline service. Existing law requires the surcharge to be remitted to, and administered by, the California Department of Tax and Fee Administration, in accordance with specified provisions. Existing law makes certain violations of the Emergency Telephone Users Surcharge Act a crime. Existing law requires amounts to be paid to the state pursuant to the Emergency Telephone Users Surcharge Act to be deposited into the State Emergency Telephone Number Account and that the amounts deposited, upon appropriation by the Legislature, be spent solely for specified purposes, including payment for the installation of, and ongoing expenses for, a basic system. This bill would create a separate surcharge, beginning January 1, 2023, on each access line for each month or part thereof for which a service user subscribes with a service supplier. The bill would set the 988 surcharge for the 2023 and 2024 calendar years at $0.08 per access line per month and, for years beginning January 1, 2025, at an amount based on a specified formula, but no greater than $0.30 per access line per month. This bill would make applicable relevant provisions of the Emergency Telephone Users Surcharge Act to the 988 surcharge, as provided, including existing surcharge exemptions. The bill would authorize the 911 and 988 surcharges to be combined into a single-line item, as described. The bill would provide for specified costs to be paid by the fees prior to distribution to the Office of Emergency Services. The bill would make conforming changes in regard to the 988 surcharge. This bill would create the 988 State Suicide and Behavioral Health Crisis Services Fund and would require the fees to be deposited along with other specified moneys into the fund. The bill would provide that the funds be used, upon appropriation by the Legislature, for specified purposes and in accordance with specified priorities. The bill would require the Office of Emergency Services to require an entity seeking moneys available through the fund to annually file an expenditure and outcomes report containing specified information. (4) This bill would appropriate $300,000 from the General Fund to the 988 State Suicide and Behavioral Health Crisis Services Fund for expenditure by the California Department of Tax and Fee Administration in the 2022–23 fiscal year for purposes of implementing the amendments to the Emergency Telephone Users Surcharge Act. (5) This bill would incorporate additional changes to Section 41100 of the Revenue and Taxation Code proposed by SB 1496 to be operative only if this bill and SB 1496 are enacted and this bill is enacted last. (6) By expanding the scope of crimes imposed by the Emergency Telephone Users Surcharge Act, 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. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified, and, in a case in which judgment has not been entered prior to January 1, 2021, allows a petition to be filed alleging a violation of that prohibition. Existing law authorizes a court that finds a violation of that prohibition to impose specified remedies, including, among other things, vacating the conviction or sentence and ordering new proceedings. This bill would additionally authorize that petition to be filed for cases in which a judgment was entered as final prior to January 1, 2021, as specified, and in cases in which a juvenile disposition resulted in a commitment to the Division of Juvenile Justice, as specified. The bill would, if a motion under these provisions is based on the conduct or statements by the judge, require the judge to disqualify themselves from those proceedings. The bill would additionally make other technical changes. Existing law allows a defendant to file a motion requesting disclosure of all evidence related to a potential violation of the prohibition on seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, and requires the court to order the records to be released upon a showing of good cause. If the records are not privileged, existing law allows the court to permit the prosecution to redact information prior to disclosure. This bill would require the court, upon a showing of good cause, to order disclosure unless a statutory privilege or constitutional privacy right cannot be adequately protected by redaction or a protective order. Under existing law, a conviction or sentence is unlawfully imposed on the basis of race, ethnicity, or national origin if the defendant proves, among other things, that the defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins, or received a longer or more severe sentence, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendant's race, ethnicity, or national origin, as specified, or if a longer or more severe sentence was more frequently imposed on defendants of a particular race, ethnicity, or national origin, as specified. Existing law requires this determination to be made pursuant to statistical evidence or aggregate data, as specified. This bill would allow that evidence to include nonstatistical evidence and would require the court to consider the totality of the evidence in determining whether a significant difference in seeking or obtaining convictions or in imposing sentences has been established. The bill would require the court to consider whether systemic and institutional racial bias, racial profiling, and historical patterns of racially biased policing and prosecution may have contributed to, or caused differences observed in, the data or impacted the availability of data overall. This bill would incorporate additional changes to Section 1473 of the Penal Code proposed by SB 467 to be operative only if this bill and SB 467 are enacted and this bill is enacted last.