Asm. Phillip Chen

Existing law requires law enforcement agencies to either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround deoxyribonucleic acid (DNA) program is in place, as specified. Existing law also requires a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, to either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would require a law enforcement agency, for any sexual assault forensic evidence connected to a reported crime received by the law enforcement agency prior to January 1, 2016, to submit that evidence to the crime lab on or before January 31, 2025. The bill would additionally require a crime lab, for any sexual assault evidence kit received by a law enforcement agency prior to January 1, 2016, and submitted to the crime lab on or after January 1, 2024, to process that evidence kit no later than January 31, 2026. Because the bill would impose a higher level of service on local law enforcement agencies in processing that evidence, 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, 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, the Uniform Partnership Act of 1994, authorizes a partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent to file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that it is being denied, that may include denial of a person's authority or status as a partner. Existing law provides that a statement of denial is a limitation on partnership authority. Existing law also permits a partner to become dissociated from a partnership and permits the filing of a statement of dissociation, as specified. This bill would specify that a statement of denial is not the same as a statement of dissociation.

(1) Existing law provides that in a civil action, if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, at least 18 years of age, and by thereafter mailing a copy of the summons and complaint to the person to be served at the place where a copy of the summons and complaint were left. This bill would provide that if the only address reasonably known for the person to be served with the summons is a state prison or county jail, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a summons on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective. (2) Existing law requires the service of a subpoena to be made by delivering a copy to the witness personally, so as to allow the witness a reasonable time for preparation and travel to the place of attendance. This bill would provide that if the only address reasonably known for the person to be served with the subpoena is a state prison or county jail, service of the subpoena may be made by leaving a copy of the subpoena with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a subpoena on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective.

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2021, the adjusted gross income limit is $87,066 and $43,533, respectively. Existing law establishes the continuously appropriated Tax Relief and Refund Account in the General Fund and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. This bill, for taxable years beginning on or after January 1 of the taxable year that includes the date on which funding is first authorized for purposes of this bill and for the succeeding 4 taxable years, and only when specified in a bill relating to the Budget Act, would increase the credit amount to $2,000 for spouses filing joint returns, heads of households, and surviving spouses and $1,000 for other individuals. In the event the increased credit amount is not specified in a bill relating to the Budget Act, the existing credit amounts, as described above, would be the credit amounts for that taxable year. The bill would require the Franchise Tax Board to annually recompute the credit amounts for inflation for taxable years following the first year in which the increased credit is operative, except as provided. The bill, for credits allowable for taxable years in which the above-described increased credit is operative, would provide that the credit amount in excess of the qualified renter's liability would be refundable and paid from the Tax Relief and Refund Account to the qualified renter upon appropriation by the Legislature. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. The bill would provide findings and declarations relating to the goals, purposes, and objectives of this credit. This bill would take effect immediately as a tax levy.

Federal law provides various protections regarding credit extended to members of the armed forces called to active duty, including, among others, limitations on the interest charged and mandatory disclosures. Existing law makes a security interest in personal property, other than specified modes of transportation, void if it would cause a loan procured by a covered member in the course of purchasing the personal property to be exempt from the federal protections. Existing law also makes a security interest in a motor vehicle void if it would cause a loan procured by a covered member to be exempt from the federal protections and that loan also funds the purchase of a credit insurance product or credit-related ancillary product. This bill would instead require a loan to a covered member, as defined, for the purchase of personal property, other than specified modes of transportation, to comply with federal law. The bill would also require a loan to a covered member for the purchase of a motor vehicle to comply with federal law if the loan finances the purchase of a guaranteed asset protection waiver.

Existing law requires employers to provide specified information to health care providers or health insurers regarding employees who were terminated on or after March 2, 2010, and who were enrolled in an employer-offered health care service plan or health insurance policy on or after September 1, 2008, as specified. This bill would make technical, nonsubstantive changes to that requirement.

Existing law establishes the California Department of Aging within the California Health and Human Services Agency to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law requires the Secretary of California Health and Human Services, in coordination with the Director of the California Department of Aging, to lead the development and implementation of the Master Plan for Aging established pursuant to Executive Order N-14-19. Existing law also establishes the grounds for removal of a dependent child from the custody of the dependent child's parent or guardian and establishes procedures to determine the placement of a dependent child. Existing law requires foster care placement, if possible, to be made in the home of a relative unless the placement would not be in the best interest of the child. Existing law establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which provides aid on behalf of eligible children who are placed in the home of a relative guardian, and the Kinship Support Services Program to provide community-based support services to relative caregivers and children placed in their homes. This bill would require the California Department of Aging, in consultation with the Department of Justice and the State Department of Social Services, to conduct a study to examine the issues faced by grandparents who are 60 years of age or older and are primary caregivers for their grandchildren, and requires the California Department of Aging to report the findings of the study to the Legislature.

Existing law allows a local authority to establish parking meter zones and fix the rate of fees for those zones by ordinance. Existing law prohibits a local authority from requiring payment of parking meter fees by a mobile device, as specified. This bill would instead authorize a local authority to require payment of parking meter fees by a mobile device.