(1) Existing law specifies the content of a certificate of death and sets forth the persons responsible for completing the certificate of death. Existing law requires certain medical and health content on the certificate. This bill would prohibit "excited delirium," as defined, from being recognized as a valid medical diagnosis or cause of death in this state. The bill would prohibit a coroner, medical examiner, physician, or physician assistant from stating on the certificate of death or in any report that the cause of death was excited delirium. (2) Existing law designates specified employees and appointees of certain public entities to be peace officers. Existing law grants certain powers to peace officers and prescribes certain requirements and responsibilities for peace officers and their employing or appointing entities. The bill would prohibit a peace officer from using the term "excited delirium" to describe an individual in an incident report, but would not prohibit the peace officer from describing an individual's behavior, as specified. (3) Existing law governs the rules of evidence in every action before the Supreme Court or a court of appeal or superior court, including rules relating to judicial notice, evidentiary burdens, witnesses, opinion testimony and scientific evidence, privileges, evidence affected or excluded by extrinsic policies, hearsay evidence, and writings. This bill would deem evidence that a person experienced or suffered an excited delirium inadmissible in a civil action, but would not prohibit a party or witness from testifying as to the factual circumstances surrounding the case, including a person's demeanor, conduct, and physical and mental condition, provided it is not attributed to excited delirium.
Sponsored bills
Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumer's ability to file a complaint with that board or to participate in the board's investigation into the licensee. Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies. Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime. This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The bill would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The bill would make it unlawful to enforce or attempt to enforce an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of these provisions. This bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the person's licensing law. Because a violation of the bill's provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program. Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document. This bill would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The bill would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program. The bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the person's licensing law. Because a violation of the bill's provisions by certain licensees may be punished as a crime under their respective licensing laws, 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 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.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. By increasing the penalty for, and by changing the definition of, a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct, as provided. This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.
(1) Existing law requires the driver of a school pupil activity bus, as defined, to be subject to the regulations adopted by the Department of the California Highway Patrol governing schoolbus drivers, except as specified. This bill would place various requirements upon a driver who provides certain transportation services for pupils, including, among others, by requiring these drivers to submit and clear tuberculosis risk assessments, as provided. The bill would require any vehicle used to provide pupil transportation for compensation by a local educational agency, as defined, to be inspected, as specified, and to be equipped with a first aid kit and a fire extinguisher. The bill would require any local educational agency contracting with a private entity to provide pupil transportation to obtain from the private entity a written attestation that, among other things, it not have any applicable law violations, as defined, at the time of applying for the contract and that it will maintain compliance with applicable laws, as defined, for the duration of the contract. The bill would authorize a third party to report to the relevant local educational agency that the private entity the local educational agency contracted with has failed to provide a truthful attestation or has failed to maintain compliance with the applicable laws required for the duration of the contract, as specified. The bill would apply the above-mentioned provisions to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation, as defined, for compensation. The bill would not apply the above-mentioned provisions to (A) drivers of specified entities, (B) certain persons who are compensated to drive a pupil, (C) a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee's supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed 40 hours of drive time per school year per employee, (D) a driver who transports a pupil because of certain emergencies or an immediate threat to the physical safety of the pupil, (E) a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil's transportation plan is being finalized, or (F) a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupil's California school campus, as specified. To the extent that the above-mentioned requirements conflict with a contract entered into between a local educational agency and a private entity before January 1, 2024, the bill would not apply those requirements until the expiration or renewal of that contract. The bill would make the provision regarding the expiration or renewal of these contracts operative on January 1, 2024, while making the remainder of the above-mentioned provisions operative on July 1, 2025. By imposing new requirements on local educational agencies, the bill would constitute a state-mandated local program. (2) Existing law requires a governing board or county superintendent of schools providing for the transportation of pupils under contract, as provided, or any other provision of law to require as a condition of the contract the tuberculosis risk assessment, as provided, except that, at the discretion of the governing board or county superintendent of schools, that provision does not apply to a private contracted driver who transports pupils infrequently without prolonged contact with the pupils. This bill would delete that exception for private contracted drivers. The bill would additionally extend the requirement involving a tuberculosis risk assessment to the governing body of a charter school, as specified. At the discretion of the governing board, county superintendent of schools, or governing body of a charter school, the bill would not apply the requirement involving a tuberculosis risk assessment to a private contracted driver who transports pupils infrequently and without prolonged contact with the pupils before July 1, 2025. To the extent that the bill would impose a new requirement on charter schools, the bill would constitute a state-mandated local program. (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.
Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens Redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties. This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members and 2 non-voting alternates who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. The bill would prohibit a member of an independent redistricting commission from communicating with any individual or organization regarding redistricting matters, as specified. By increasing the duties on local officials, the bill would impose a state-mandated local program. If AB 1248 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2024, this bill would permit the County of Sacramento to establish a redistricting commission in accordance with the provisions of that bill that pertain to county redistricting commissions instead of establishing a commission in accordance with the provisions of this bill. This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento. 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 provides for the regulation of the safety of food products, including adulterated and misbranded food, wholesale food, and food in retail food facilities. This bill, commencing January 1, 2027, would prohibit a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale, in commerce a food product for human consumption that contains any specified substance, including, among others, brominated vegetable oil and red dye 3. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits specified licensees, or their officers, directors, or agents, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. In this regard, existing law specifically prohibits paying a retailer for advertising. Existing law creates a variety of exceptions to this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, agent or major tenant of the owner, or assignee of the owner's advertising rights of certain venues, subject to specified conditions. Existing law requires the purchase of advertising space or time, in this context, to be conducted pursuant to a written contract and, in certain instances, specifically authorizes a contract to be made with the owner, a long-term tenant of the complex, or a licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. In this context, existing law makes certain acts of coercion crimes, including when an on-sale licensee coerces other specified licensees to purchase advertising space or time. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by applying it to various facilities that are situated on California State University campuses located in the Counties of San Luis Obispo, Fresno, Sacramento, Monterey, Orange, Santa Clara, and Los Angeles, and on the campus of St. Mary's College of California located in the County of Contra Costa. The bill would additionally expand the exception applicable to a motorsports entertainment complex located in the County of San Bernardino, by reducing the minimum fixed seating capacity from 50,000 to 25,000. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for California State University campuses located in the Counties of San Luis Obispo, Fresno, Sacramento, Monterey, Orange, Santa Clara, and Los Angeles, the campus of St. Mary's College of California located in the County of Contra Costa, and certain facilities located in the County of San Bernardino. This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by SB 392 to be operative only if this bill and SB 392 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 no reimbursement is required by this act for a specified reason.
(1) Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts and county offices of education, as specified. Existing law, for the purposes of CalNEW, defines "newcomer pupils" as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years. This bill would require the State Department of Education to (A) curate and maintain on its internet website information regarding requirements, best practices, and available state and federally funded programs for newcomer pupils and (B) publicly report on an annual basis on its internet website the enrollment of newcomer pupils, as provided. (2) Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education. This bill would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils. (3) Existing law defines "a pupil participating in a newcomer program" as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency's graduation requirements in time to graduate from high school by the end of the pupil's 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided. This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program. (4) Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided. This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program. (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, 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 Ralph C. Dills Act (Dills Act) , governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. This bill would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, except certain specified categories of excluded employees, the right 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. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. For the purposes of bargaining or meeting and conferring in good faith, the bill would define "employer" to mean the Assembly Committee on Rules or the Senate Committee on Rules. The bill would require the employer to meet and confer with representatives of recognized employee organizations regarding matters within the scope of representation. The bill would exclude certain matters from the scope of representation, as specified. The bill would grant exclusive jurisdiction to the Public Employment Relations Board to make an initial determination as to whether charges of unfair practices are justified, and, if so, the necessary remedy, as specified. However, the bill would prohibit the board from issuing a decision or order that intrudes upon or interferes with the Legislature's core function of efficient and effective lawmaking or the essential operation of the Legislature. The bill would require the board to determine appropriate bargaining units, and would prohibit the board from including employees in a bargaining unit that includes employees other than those of the employer. The bill would prohibit the board from including within a bargaining unit employees from both the Assembly and Senate. This bill would make it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would provide that the provisions of the Legislature Employer-Employee Relations Act are severable. The bill would become operative on July 1, 2026. 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 additionally exempt from public inspection records related to activities governed by the Legislature Employer-Employee Relations Act that reveal the employer's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under the Legislature Employer-Employee Relations Act. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.