Existing law prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, provides for enforcement of that prohibition by the Attorney General. This bill would require the Attorney General to establish and maintain on the Attorney General's internet website a list of tobacco product brand styles that lack a characterizing flavor, as defined. The bill would authorize the Attorney General to require a manufacturer or importer of tobacco products to submit a list of all brand stages of tobacco products they manufacturer or import to the Attorney General. The bill would authorize manufacturers and importers of tobacco products to submit to the Attorney General a list of all brand styles, as defined, of tobacco products that they manufacture or import for sale or distribution in or into California that lack a characterizing flavor. The bill would require a manufacturer or importer that submits a product pursuant to these provisions to, under penalty of perjury, describe each brand style and state that it lacks a characterizing flavor. By expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would require the Attorney General to determine whether each brand style has a characterizing flavor, as specified. The bill would require any manufacturer or importer that submits a product in this way to, among other things, consent to the jurisdiction of the California courts for the purpose of enforcing these provisions and to appoint an agent for service of process, as specified. The bill would authorize the Attorney General to recover reasonable attorney's fees, investigative costs, and other related costs, against an entity that makes a clearly frivolous submission to the Attorney General for inclusion on the list. The bill would require moneys recovered by the Attorney General in an action pursuant to these provisions to be deposited in the Public Rights Law Enforcement Special Fund, as specified. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing law generally prescribes the procedure for the prosecution of persons arrested for committing a crime, including pleadings, bail, pretrial proceedings, trial, judgment, sentencing, and appeals. Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, among other things, relief based on the use of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. This bill would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would allow a writ of habeas corpus to be prosecuted on the basis of that prohibition. The bill would require the prosecution to disclose, pursuant to a written request, all evidence relevant to a potential violation of that prohibition. By expanding the duties of local prosecutors, the bill would impose a state-mandated local program. The bill would require a court that finds a violation of that prohibition to dispose of the case against the defendant as specified. The bill would apply its provisions to commitments in the juvenile justice system. 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 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.
(1) Existing law requires the county superintendent of schools to take certain actions if, at any time during the fiscal year, the county superintendent determines that a school district may be unable to meet its financial obligations for the current or 2 subsequent fiscal years or if the district would have a qualified or negative certification, as specified, including, among others, notifying, and performing certain actions with the consultation of, the Superintendent of Public Instruction. Existing law establishes a process to appeal these determinations of the county superintendent by appealing to the Superintendent, as specified. Existing law requires the Superintendent to monitor the efforts of a county office of education in exercising its authority under these provisions, and authorizes the Superintendent to exercise any of that authority if the Superintendent finds that the actions of the county superintendent of schools are not effective in resolving the financial problems of the school district. This bill, if a county superintendent of schools disapproves a school district's budget for a subsequent year, would continue the authority of the county superintendent of schools to stay or rescind any action of the school district governing board that is determined to be inconsistent with the ability of the school district to meet its obligations for the current or subsequent fiscal year, without interruption, until the next subsequent year's budget is approved by the county superintendent of schools. (2) Existing law, commonly referred to as the Educational Employment Relations Act, authorizes public school employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. The act establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. The act requires a school district to provide the county superintendent of schools, upon request, with all information relevant to provide an understanding of the financial impact of any final collective bargaining agreement reached between a public school employer and the exclusive representative of school district employees, as specified. Existing law requires the superintendent and chief business official of a school district to certify in writing that the costs incurred by the school district under a collective bargaining agreement can be met by the district during the term of the agreement. This bill would require the superintendent and the chief business official of a school district to provide the written certification described above under penalty of perjury. The bill would also require, before a public school employer enters into a written agreement with a nonrepresented employee or group of nonrepresented employees, that the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the term of the agreement for the current and subsequent fiscal years, be disclosed at a public meeting of the public school employer. To the extent that the requirement for disclosure at a public meeting would create new duties for a public school employer, it would constitute a state-mandated local program. The bill would also require the superintendent and the chief business official of the school district to certify in writing, and under penalty of perjury, that costs incurred by the school district under the agreement can be met by the school district during the term of the agreement, in a manner similar to that required with respect to an agreement with an exclusive representative. By adding the requirement that the written certifications described above be provided under penalty of perjury, the bill would impose a state-mandated local program by creating a new crime. (3) 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.
(1) Existing federal law, the McKinney-Vento Homeless Assistance Act, provides grants to states to carry out activities relating to the education of homeless children and youths, as defined, including, among others, providing services and activities to improve the identification of homeless children and youths and to enable them to enroll in, attend, and succeed in school. The act requires a state plan submitted for the receipt of the grant to include assurances that local educational agencies will designate an appropriate staff person to act as a local educational agency liaison for homeless children and youths and a description of how the state will ensure that local educational agencies and their liaisons will comply with specified requirements of the act, including the identification of homeless children and youths. Under existing state law, public schools, including charter schools, and county offices of education are required to immediately enroll a homeless child or youth seeking enrollment, except as specified. Existing law requires a local educational agency liaison for homeless children and youths to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison's local educational agency that provide services pursuant to the act. This bill would require a local educational agency, as defined to include a school district, county office of education, charter school, or special education local plan area, to establish homeless education program policies that are consistent with specified state laws, and would further require the local educational agency to update these policies at intervals not exceeding 3 years. The bill would require local educational agencies to provide training at least annually on designated subjects to its classified and certificated employees who work with pupils, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires the State Department of Education to provide, among other things, informational and training materials to local educational agency liaisons regarding the educational rights of homeless children and youths and the responsibilities of the liaisons. This bill would require the department to develop and implement a plan for monitoring the compliance of local educational agencies with state laws relating to youth experiencing homelessness. The bill would require the monitoring plan to include reviews of the local educational agencies including, but not limited to, schoolsite inspections to ensure that the state is not underestimating the number of youth experiencing homelessness. (3) 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.
This measure would declare March 5, 2020, as Family Justice Center Day in California and would recognize the lifesaving and hope-giving work of the California Family Justice Center Network and its member Family Justice Centers as they work with rape crisis centers, domestic violence shelters, human trafficking agencies, prosecutors' offices, law enforcement agencies, and other professionals and community-based organizations to ensure that adult and child survivors of trauma can access all of their services in one setting.
This measure would recognize March 7, 2020, as California Arbor Day, and would urge California residents to observe the day with appropriate tree-planting activities and programs.
Existing law generally requires a person convicted of a nonviolent drug offense to receive probation and, as a condition of probation, participate in and complete an appropriate drug treatment program. Exceptions to this provision include when a person was previously convicted of specified violent felonies and when a person was armed with a deadly weapon that the person intended to use while in possession of, or under the influence of, a controlled substance, as specified. Existing law permits a court to require a person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of the drug treatment program. This bill would require a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance, to, if this is their 3rd or greater conviction in the past 3 years, in addition to any other sentence imposed, participate in a drug treatment program as a condition of probation, if probation is imposed. The bill would state the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.