Existing law defines persons employed in specified capacities to be peace officers in the state of California and authorizes certain entities to appoint and employ peace officers. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice to perform various functions involving the training of peace officers. Existing law requires peace officers in this state to meet specified minimum standards, including, among other requirements, that peace officers be evaluated by a physician and surgeon or psychologist and found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer. This bill would require that evaluation to include bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation. The bill would require the Commission on Peace Officer Standards and Training to study, review, and update regulations and screening materials to identify explicit and implicit bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation related to emotional and mental condition evaluations. This bill would also require every department or agency that employs peace officers to review the job descriptions used in the recruitment and hiring of those peace officers and to make changes that deemphasize the paramilitary aspects of the job and place more emphasis on community interaction and collaborative problem solving, as specified. By requiring local entities to review and rewrite these job descriptions, 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, 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.
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Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. By requiring local agencies to amend use of force policies, 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, 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 establishes the office of the sheriff in each county to preserve peace, and authorizes the sheriff to sponsor, supervise, or participate in any project of crime prevention, rehabilitation of persons previously convicted of crime, or the suppression of delinquency. Existing law requires a board of supervisors to supervise the official conduct of all county officers and ensure that they faithfully perform their duties. This bill would authorize a county to establish a sheriff oversight board to assist the board of supervisors with those duties as they relate to the sheriff, either by action of the board of supervisors or through a vote of county residents. This bill would authorize a county, either by action of the board of supervisors or through a vote of county residents, to establish an office of the inspector general to assist the board of supervisors with these duties as they relate to the sheriff. The bill would authorize the chair of the oversight board and the inspector general to issue a subpoena or subpoena duces tecum when deemed necessary to investigate a matter within their jurisdiction.
Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. This bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified. This bill would require a state prosecutor to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as defined. The bill would make the Attorney General the state prosecutor unless otherwise specified or named. The bill would authorize the state prosecutor to prepare a written report, and would require the state prosecutor to post any reports made on a public internet website. The bill would require, commencing July 1, 2023, the Attorney General to operate a Police Practices Division within the department to review, upon the request of a local law enforcement agency, the use of deadly force policies of that law enforcement agency and make recommendations, as specified. The bill would require the department to implement these provisions subject to an appropriation for this purpose.
Existing law requests the Regents of the University of California to assemble a colloquium of scholars to draft a research proposal to analyze the economic benefits of slavery that accrued to owners and the businesses, including insurance companies and their subsidiaries, that received those benefits, and to make recommendations to the Legislature regarding those findings. Existing law requires the Insurance Commissioner to request and obtain information from insurers licensed and doing business in this state regarding any records of slaveholder insurance policies issued by any predecessor corporation during the slavery era. Existing law requires insurers to research and report to the commissioner on insurance policies that provided coverage for injury to, or death of, enslaved people. This bill would establish the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States, consisting of 9 members, appointed as provided. The bill would require the Task Force to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. The bill would require the Task Force to recommend, among other things, the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. The bill would require the Task Force to submit a written report of its findings and recommendations to the Legislature. The bill would authorize reimbursement of the members' expenses only to the extent an appropriation therefor is made in the Budget Act. The bill would state that any state level reparations authorized under these provisions are not to be considered a replacement for any reparations enacted at the federal level. The bill would repeal these provisions on July 1, 2023.
Existing law prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or fellow employees. Existing law creates a cause of action for wages for the time an employee laid off or discharged for such a refusal is without work as a result. Existing law defines the term "employment" for these and other purposes to exclude household domestic service. This bill, notwithstanding that definition or any other provision, for purposes of the hazard provisions, would define the term "employee" to include a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. The bill would make it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety, including an employee employed for household domestic work, except as specified. For these purposes, the bill would state that the term employee includes a person who performs household domestic service that is publicly funded. The bill would also make conforming changes. 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 establishes various offices within the Governor's office with specified duties and responsibilities. This bill would create, within the Governor's office, the Office to End Homelessness, which would be administered by the Secretary on Homelessness appointed by the Governor. The bill would require that the office serve the Governor as the lead entity for ending homelessness in California and would task the office with coordinating homeless programs, services, data, and policies between federal, state, and local agencies, among other responsibilities. The bill would require the office to exercise various powers and duties, including, among others, making recommendations to the Governor and the Legislature regarding new state policies, programs, and actions on homelessness. The bill would require the office to be comprised of specified employees serving within the state civil service and to oversee and carry out the existing mandates of the Homeless Coordinating and Financing Council, as defined and described below. (2) Existing law requires the Governor to establish the Homeless Coordinating and Financing Council (referred to as "the coordinating council") and appoint up to 19 members of that council, including the Secretary of Business, Consumer Services, and Housing, or the secretary's designee, to serve as the chair of the coordinating council. Existing law requires that the coordinating council be under the direction of an executive director, who is under the direction of the Business, Consumer Services, and Housing Agency, and staffed by employees of that agency. This bill would require that the coordinating council be under the supervision of the Secretary on Homelessness of the Office to End Homelessness. The bill would further require that the Secretary on Homelessness, or the secretary's designee, serve as chair of the council in place of the Secretary of Business, Consumer Services, and Housing. The bill would also change the composition of the council by reducing the overall number of members to 13, replacing representatives of specified state agencies with directors and secretaries of those agencies, adding the Director of Public Health to the council membership, making certain positions part of an advisory committee to the council, and making other related changes. The bill would provide for the transfer of specified duties, powers, employees, assets, and liabilities of the Business, Consumer Services, and Housing Agency and the office of the Governor to the Office to End Homelessness with respect to the council, as specified. (3) Existing law authorizes the coordinating council to establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. The Bagley-Keene Open Meeting Act requires, with specified exceptions for authorized closed sessions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The bill would provide that the Bagley-Keene Open Meeting Act does not apply to a meeting of a working group, task force, or other structure of the council if only a minority of the members of the council participate in that working group, task force, or other structure. The bill would specify that, except under those circumstances, the council and its meetings are subject to the act. (4) Existing law charges the coordinating council, among other duties, with the goal of creating a statewide data system or warehouse to match data on homelessness to programs impacting homeless recipients of state programs. This bill would require that statewide data system or warehouse to be known as the Homeless Data Integration System. The bill would require all Continuums of Care, as defined, which are currently operating in California, to provide collected data elements, as provided, to the Homeless Management Information System. The bill would prohibit any health information or personal identifying information provided to, or maintained within, that system from being subject to public inspection or disclosure under the California Public Records Act. (5) Existing law provides that the goals of the coordinating council include, among other things, creating partnerships among state agencies and departments, local government agencies, federal agencies, and specified other entities for the purpose of arriving at specific strategies to end homelessness. Existing law requires agencies and departments administering state programs, as defined, to collaborate with the coordinating council to adopt guidelines and regulations, or to revise existing guidelines and regulations, as applicable, to incorporate core components of Housing First, as defined. This bill would require, upon the request of the coordinating council, an agency or department that administers one or more state programs to furnish to the coordinating council any relevant information regarding those state programs. (6) 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. (7) This bill would incorporate additional changes to Section 8256 of the Welfare and Institutions Code proposed by SB 815 to be operative only if this bill and SB 815 are enacted and this bill is enacted last.
Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency, and requires the department to administer various housing programs throughout the state, including programs that address the needs of homeless individuals and families, and to review local ordinances for the design, development, and operation of homeless shelters in cities and counties that have declared a shelter crisis. Existing law also requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to incorporate the core components of Housing First, an evidence-based model that uses housing as a tool, rather than a reward, for recovery. This bill would declare that it is the policy of the state that every individual has the right to safe, decent, and affordable housing, and would require the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the State Department of Social Services, and the Office of Emergency Services to consider that state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First. The bill would make these provisions operative on January 1, 2026, and would make implementation of these provisions subject to an appropriation of funds in the annual Budget Act for these purposes.
Existing law establishes the State Department of Public Health within the California Health and Human Services Agency. This bill would authorize the State Department of Public Health to establish the Office of Suicide Prevention within the department, would require the office to perform specified duties, including providing information and technical assistance to statewide and regional partners regarding best practices on suicide prevention policies and programs and reporting on progress to reduce rates of suicide, and authorize the office to apply for and use federal, state, and foundation grants. The bill would require the office to consult with the Mental Health Services Oversight and Accountability Commission to implement suicide prevention efforts. The bill would require that the duties and responsibilities of the office be accomplished with existing staff and resources. The bill would make these provisions operative subject to an appropriation for these purposes in the annual Budget Act or another statute.
The Personal Income Tax Law imposes a tax on the entire taxable income of an individual taxpayer subject to that law, and provides for a specified treatment of the income of nonresidents. Existing law requires every taxpayer subject to tax under the law to file a return with the Franchise Tax Board, and authorizes the Franchise Tax Board to provide for the filing of a group return for electing nonresident partners or nonresident directors of a corporation, as specified. Existing law requires identifying numbers to be included on state tax returns, statements, and other documents, and in conformity with federal law, defines identifying numbers to mean a federal social security number (SSN) or individual tax identification number (ITIN) , unless otherwise provided. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would prohibit the Franchise Tax Board from requiring a nonresident alien, as defined, to provide a SSN or ITIN when filing a state tax return, statement, or other document if the nonresident alien is not eligible for or has not been issued a SSN or ITIN. The bill would require the Franchise Tax Board, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, to provide for the filing of a group return for electing nonresident aliens, as specified, and would exclude from gross income any payments made by an agent on behalf of a nonresident income in a group filing.