Asm. Blanca Pacheco

Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission to, among other things, develop and disseminate guidelines for all peace officers in California. This bill would require, on or before July 1, 2028, the commission to study and issue recommendations to the Legislature on the use of canines by law enforcement. The bill would require the commission to consider in its recommendations, among other things, instances of appropriate patrol use with a canine, as specified, and instances of appropriate use with a canine for detection, as specified. The bill would repeal these provisions on July 1, 2031.

(1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines "affirmatively furthering fair housing," as provided. The Planning and Zoning Law requires that a housing element include, among other things, a program that sets forth a schedule of actions during the planning period. Existing law requires the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken pursuant to the requirement to affirmatively further fair housing. This bill would require the department to develop the above-described standardized reporting format on or before December 31, 2026. (2) Existing law requires, for the 4th and subsequent revisions of the housing element, the department to determine the existing and projected need for housing for each region, as specified. Existing law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region at least 2 years prior to the scheduled revision of the housing element, as provided. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used to determine the region's housing needs at least 26 months prior to the scheduled revision of the housing element, as provided. This bill, except as specified, would extend the above-described timeline for the department to determine the existing and projected need of housing for each region from 2 years to 3 years prior to the scheduled revision of the housing element. The bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision. (3) Existing law authorizes at least 2 or more cities and a county, or counties, at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregion's existing and projected housing need among its members. If the council of governments does not receive a notification of this formation at least 28 months prior to the update, existing law requires the council of governments to implement specified requirements regarding the regional housing need process. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision. This bill would extend the above-described timeline for cities and counties to form a subregional entity to allocate the subregion's housing need, as provided, from 28 months to 34 months, and the above-described timeline for the council of governments to determine the share of regional housing need assigned to each subregion from 25 months to 31 months, respectively. (4) Existing law, at least 2 years before a scheduled revision of the housing element, as specified, requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law, at least 1 12 years before a scheduled revision of the housing element, as specified, requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, as specified. This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the 2027 calendar year, would instead require that the above-described methodology be developed from at least 2 12 years before a scheduled revision of the housing element, and that the distribution of the draft allocation plan be made at least 2 years before a scheduled revision of the housing element, respectively. (5) Existing law requires a planning agency to submit a copy of its draft housing element or amendments to its housing element or housing element revision to the department for review, and requires the department to notify the city, county, or city and county with written findings if the department finds that the housing element or the amendment does not substantially comply with specified law. If the department finds that the draft housing element or draft amendment is not in substantial compliance, existing law requires the jurisdiction to either update the draft to substantially comply with specified law, or adopt the draft housing element or amendment without changes, as provided. This bill would require the department, if the department finds that a draft element or draft amendment does not substantially comply, as described above, to (A) identify and explain the specific deficiencies in the draft element or draft amendment and (B) provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy those deficiencies, as specified. The bill would require a jurisdiction, in updating a noncompliant housing element or amendment under the above-described provisions, to include the specific analysis or text in its draft element or amendment. (6) This bill would incorporate additional changes to Section 65583 of the Government Code proposed by SB 340 and AB 610 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.03 of the Government Code proposed by AB 1275 to be operative only if this bill and AB 1275 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by SB 486 and AB 1275 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 507 to be operative only if this bill and AB 507 are enacted and this bill is enacted last. (7) By imposing additional duties on local governments, this bill would create 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.

Maddy summaryThis bill establishes January as National Human Trafficking Awareness Month in California to raise public awareness about human trafficking. The resolution recognizes the severity of human trafficking as a felony crime and highlights statistics showing its prevalence across the country and specific challenges with identifying male victims and labor trafficking cases. It aims to educate the public and encourage reporting and support for victims during this designated month.

Existing law establishes the Adult Education Program under the administration ​of the Chancellor of the California Community Colleges and the Superintendent of ​Public Instruction. Existing law requires the chancellor and the Superintendent, with the advice of the executive director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each of those regions. Existing law requires, on or before February 1 of each fiscal year for which funds are appropriated for the program, the chancellor and the Superintendent to report to the Director of Finance, the Statewide Director of Immigrant Integration, the state board, and the Legislature about the use of specified funds and outcomes for adults statewide and in each adult education region, including, among other things, any recommendations related to delivery of education, immigrant integration, and workforce services for adults. Existing law requires, consistent with that reporting requirement, the chancellor and the Superintendent, with input from the Statewide Director of Immigrant Integration and adult education program providers, to identify common measures for meeting the needs of immigrant and refugee adults seeking integration, as specified. This bill would define immigrant integration for purposes of the program.

Existing law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID) , including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver's license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device. Existing law makes these changes operative until January 1, 2026. On January 1, 2026, existing law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to January 1, 2019, on January 1, 2033. By extending the application 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 governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk and a description of the item or items, as specified. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid driver's license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor. This bill would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would revise the type of information required to be included in the description of the item or items of junk purchased or sold, as specified. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed. Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000. This bill would expand the list of materials and items subject to those provisions to include, among other things, items reasonably recognizable as street lights and related equipment, and would increase the maximum amount of the criminal fine to $5,000. Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000. This bill would instead make the act punishable by a fine of not more than $5,000. By expanding the scope of existing crimes, 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.

(1) Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the State Registrar to prescribe and furnish all record forms for use in carrying out the provisions governing vital records and prohibits the use of any record form or format other than those prescribed by the State Registrar. Existing law requires every live birth, fetal death, death, and marriage that occurs in the state to be registered with the local registrar. Existing law requires certificates of live birth, fetal death, or death, and a marriage license to include specified information, such as the full name of the child on a certificate of live birth and the full names of the parties to be married on a marriage license. Existing law also requires the county clerk to issue a confidential marriage license, as specified, on a form prescribed by the State Registrar. This bill would require, commencing no earlier than 2 years after an appropriation of funds by the Legislature, the State Registrar to require the use of a diacritical mark on an English letter within a name field to be properly recorded, when applicable, on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate, and would require the use of a diacritical mark to be deemed an acceptable entry by the State Registrar. The bill would provide that the absence or presence of a diacritical mark on a certificate of live birth, fetal death, or death, or a marriage license and certificate or confidential marriage license and certificate does not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. The bill would authorize the State Registrar to develop a list of acceptable diacritical marks for use on a certificate of live birth, fetal death, or death, or a marriage license and certificate or confidential marriage license and certificate through all-county letters or similar instructions from the State Registrar without taking further regulatory actions. The bill would authorize the State Registrar to remove any diacritical marks on the birth, fetal death, death, and marriage license and certificate data before furnishing the vital statistics to a federal, state, or local government agency. The bill would authorize, beginning July 1, 2026, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person's conservator, or if a minor, the person's parent or guardian, to make an affidavit under oath, as specified, stating the changes necessary to make the record correct. The bill would require the affidavit to be supported by the affidavit of one other person having knowledge of the facts and be filed with the State Registrar. The bill would require the State Registrar to, review the request and, if the request is accompanied with the payment of a specified fee, to issue an amendment to any certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request. The bill would also authorize, if a name field of either of the parties married or their parents is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party asserting the omission to make an affidavit, under oath, stating the changes necessary to make the record correct and file it with the county clerk. The bill would authorize the county clerk to charge a fee, not to exceed the amount of the fee for any other amended confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the amended marriage license and certificate. The bill would require the county clerk to review the amendment for acceptance for filing, and if accepted, file the amendment and note the fact of the amendment, with its date, on the otherwise unaltered original confidential license and certificate of marriage. By requiring the affidavit to be under oath, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. By increasing duties on county clerks, the bill would impose a state-mandated local program. (2) Existing law requires the collection of specified fees for certified copies of a fetal death record, death record, a birth certificate, marriage record, or marriage dissolution record. Existing law requires all applicants for certified copies of the above-described records to pay an additional fee of $3 to be collected by the State Registrar, the local registrar, county recorder, or county clerk, as appropriate. This bill would increase the additional fee charged for certified copies of the above-described records to $5. (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.

Existing law defines rape as an act of sexual intercourse accomplished under certain circumstances, including with a person not the spouse of the perpetrator where the person is incapable of giving legal consent because of a mental disorder or developmental or physical disability. This bill would remove the spousal exception from this definition of rape. 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.

Existing law prohibits public funds from being used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities. Existing law prohibits a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs, as defined, or in the allocation of parks and recreation facilities and resources, as defined, that support or enable these programs. Existing law creates an independent right to bring a civil action for a violation of this prohibition for equitable and monetary relief, as specified. This bill would instead prohibit a city, county, city and county, special district, school district, county office of education, or charter school from discriminating against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation of parks and recreation facilities and resources or school and recreation facilities and resources that support or enable these programs. The bill would define various terms for these purposes and make related conforming changes. By imposing a new duties on local agencies, 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, 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 California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. Existing law authorizes an agency to redact the records disclosed for specified purposes including, among others, to remove personal data or information, as specified, and where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person. This bill would require a court in an action to compel disclosure pursuant to specified provisions, in determining whether there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of a person, to consider whether a particular peace officer is currently operating undercover and their duties demand anonymity. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 847 and AB 1388, to be operative only if this bill and AB 847 or AB 1388 are enacted and this bill is enacted last.