Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor. This bill would authorize a public prosecutor to provide a list containing only the names of the peace officer and defendant and the corresponding case number to a public defender's office, an alternative public defender's office, or a licensed attorney of record in a criminal case to facilitate and expedite notifying counsel representing other criminal defendants whose cases may involve testimony by that peace officer of exculpatory evidence or impeachment evidence involving that peace officer. By expanding the scope of a crime, 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.
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Existing law requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide 2 school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil's eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service. The meals provided under this provision are required to be nutritiously adequate meals that qualify for federal reimbursement. Existing law authorizes a school, from the midnight before to 30 minutes after the end of the official schoolday, to sell food other than meals reimbursed by specified federal nutrition programs, only if the food meets dietary guidelines, as specified, depending on grade level. This bill would provide that nothing in those provisions are required to be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant the provisions described above, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.
Existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified. By expanding the scope of an enhancement, 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.
Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. This bill would prohibit a person from contacting, soliciting, or initiating communication with an owner to claim the surplus funds from a foreclosure sale of the owner's residence before 90 days after the trustee's deed has been required. In performing acts required by the provisions pertaining to the exercise of a power of sale under a mortgage or deed of trust, existing law provides that the trustee does not incur liability for specified errors and that the trustee is not subject to specified law. This bill would add that a trustee does not incur liability or subject to that specified law when responding to requests for payoff or reinstatement information. When some or all of the principal sum of an obligation secured by real property has become due prior to the maturity date by reason of default or other specified failure to pay and a power of sale is to be exercised, existing law authorizes a trustor or mortgagor, at any time prior to foreclosure, to pay to the beneficiary or mortgagee specified amounts, including specified amounts shown in the notice of default and reasonable costs and expenses that are actually incurred in enforcing the terms of the obligation, deed of trust, or mortgage, as specified. If the trustor or mortgagor cures the default pursuant to these provisions, existing law requires the beneficiary or mortgagee to execute and deliver to the trustee a notice of rescission, as specified. Existing law limits costs and expenses that may be charged pursuant to specified mortgage law to $50. This bill would include reasonable costs and expenses that will be incurred as a direct result of the cure payment being tendered as part of the cure payment described above. This bill would include recording a notice of rescission pursuant as part of the costs and expenses that may be charged pursuant to specified mortgage law and raise the limit to $100. Existing law specifies when a trustee's sale is deemed final and perfected, and provides that, if an eligible bidder submits a written notice of intent to bid pursuant to (1) , below, the trustee's sale is deemed perfected as of 8 a.m. on the actual date of sale if a specified requirement is met. This bill would recast that provision to provide that the trustee's sale is deemed perfected as of 8 a.m. on the actual date of sale if a specified requirement is met if an eligible bidder submits a written notice of intent to bid under any of the provisions granting eligible bidders the rights and priorities to make bids on the property after the initial trustee sale described above. Existing law, until January 1, 2031, grants eligible tenant buyers, as defined, and other eligible bidders, as defined, certain rights and priorities to make bids on the property after the initial trustee sale. Existing law provides that a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on specified real property until the earliest of, among other things, (1) the date upon which a representative of all of the eligible tenant buyers submits to the trustee a bid that meets specified requirements, including that the bid be limited to a single bid amount and not contain instructions for successive bid amounts; and (2) 45 days after the trustee's sale, except if an eligible bidder submits to the trustee a bid meeting specified requirements. Existing law requires prospective owner-occupants, as defined, eligible tenant buyers, and eligible bidders to submit specified affidavits or declarations regarding bidder eligibility under certain circumstances. Existing law authorizes the trustee to reasonably rely on these affidavits and declarations regarding bidder eligibility, and requires these affidavits or declarations of the winning bidder to be attached as an exhibit to the trustee's deed and recorded. This bill would remove the requirement that the bid be limited to a single bid amount and not contain instructions for successive bid amounts from (1) , above, and would add that requirement to (2) , above. If the winning bidder is not required to submit an affidavit or declaration pursuant to the provisions described above, the bill would require the trustee to attach as an exhibit to the trustee's deed a statement that no affidavit or declaration is required by these provisions, and would provide that the lack of an affidavit or declaration shall not prevent the deed from being recorded and shall not invalidate the transfer of title pursuant to the trustee's deed. Existing law requires, for trustee's sales where the winning bidder is an eligible bidder under the provisions described above, the trustee or an authorized agent to electronically send specified information to the Attorney General within 15 days of the sale being deemed final, including a copy of the trustee's deed, as recorded, as specified. This bill would recast that provision to require the trustee to provide a copy of the trustee's deed as executed instead of as recorded. Existing law, the COVID-19 Small Landlord and Homeowner Relief Act of 2020, requires a mortgage servicer to provide a specified written notice to a borrower if the mortgage servicer denies forbearance during the effective time period that states the reasons for that denial if the borrower was both current on payments as of February 1, 2020, and is experiencing a financial hardship that prevents the borrower from making timely payments on the mortgage obligation due, directly or indirectly, to the COVID-19 emergency. The act defines various terms for these purposes. If a mortgage servicer denies a forbearance request, the act requires a specified declaration to include the written notice together with a statement as to whether forbearance was or was not subsequently provided. This bill would clarify that the act requires that specified declaration to include that written notice if the mortgage servicer denied the forbearance request during the effective time period. This bill would incorporate additional changes to Section 2924m of the Civil Code proposed by AB 1756 to be operative only if this bill and AB 1756 are enacted and this bill is enacted last.
This measure would proclaim the month of September 2023 as Suicide Prevention Awareness Month.
This measure would proclaim September 2023 as California Emergency Preparedness Month.
This measure would commemorate the 70th anniversary of the alliance between the United States and the Republic of Korea.
This measure would recognize the importance of California Native American Day, celebrated this year on September 22, 2023, and the annual California Indian Cultural Awareness Conference, to the enhancement of awareness of California Indian culture.
This measure would proclaim the month of September 2023 as Ovarian Cancer Awareness Month.
This measure would proclaim the month of October 2023 as California Firefighter Appreciation Month and October 14, 2023, as California Firefighters Memorial Day.