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D California Assembly · District 76

Asm. Brian Maienschein

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Total votes
28,994
all sessions
Attendance
96%
863 missed
Near the chamber average
With party
91%
of cast votes
Near the chamber average
Bipartisan score
4%
crosses aisle rarely
Near the chamber average
Sponsored
2,186
bills & resolutions
Near the chamber average
Committees
0
assignments
2,186 bills and resolutions

Sponsored bills

Total
2,186
Primary
266
Co-sponsor
1,920
This page
2,186
matching current filters
Primary AB 1329
Signed into law · California Assembly · Lead sponsor
County jail incarcerated persons: identification card pilot program.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles (DMV) to ensure that any eligible inmate, as defined, released from state prison has a valid identification card. Existing law authorizes the Department of Corrections and Rehabilitation and the DMV to provide a renewed driver's license in lieu of an identification card if the inmate meets specified criteria. Existing law defines "eligible inmate," in part, as a person who has previously held a California driver's license or identification card, who has a usable photo on file with the Department of Motor Vehicles, and who meets certain requirements, including that they have provided, and the Department of Motor Vehicles has verified, specified information, such as the inmate's true full name. Existing law requires the Department of Corrections and Rehabilitation, to the extent administratively feasible and within available resources, to facilitate the process between an eligible inmate and the agencies holding documentation required for the issuance of an identification card, as specified. This bill would authorize the Sheriff's Department of the County of San Diego and the DMV to implement a pilot program based on the above-described provisions to provide eligible incarcerated persons, as defined, a valid identification card or driver's license when they are released from a County of San Diego detention facility. The bill would require the pilot program to be 5 years long. The bill would require the Sheriff's Department of the County of San Diego, if it implements the pilot program, to submit a report to the Legislature no later than April 1, 2028, including information on the number of identification cards issued and driver's licenses renewed, among other things.

Signed into law Oct 8, 2023 0 co-sponsors
Co-sponsor AB 701
Signed into law · California Assembly · Co-sponsor
Controlled substances: fentanyl.

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.

Signed into law Oct 8, 2023 1 co-sponsor
Primary AB 1253
Signed into law · California Assembly · Lead sponsor
Hearsay: exceptions.

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who was convicted of a sexually violent offense and is in prison or whose parole has been revoked for evaluation by the State Department of State Hospitals to determine whether the person is a sexually violent predator before the person's release from prison. If the State Department of State Hospitals determines that the person is a sexually violent predator, then the Director of State Hospitals must ask the county in which the person was convicted of the offense to file a petition in superior court to involuntarily commit the person to a secure facility for mental health treatment upon the person's release from prison. Upon filing, if a judge determines that this petition, on its face, contains sufficient facts to constitute probable cause to believe that the person is likely to engage in sexually violent predatory criminal behavior upon their release, the judge must order the person to be detained in a secure facility until a probable cause hearing can be completed. If, at this hearing, the judge determines that there is probable cause, the judge must order that the person remain in custody in a secure facility until a trial is completed, and must order that a trial be conducted to determine whether the person is, by reason of a diagnosed mental disorder, a danger to the health and safety of others in that the person is likely to engage in acts of sexual violence upon the person's release from prison. Existing law defines hearsay as evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated. Except as provided by law, hearsay evidence is inadmissible. Existing case law, as established in Walker v. Superior Court (2021) 12 Cal.5th 177, provides that there is no indication the Legislature created an explicit hearsay exception to allow hearsay, in the form of police and probation office reports, to be admitted as evidence in the probable cause hearing described above. This bill would provide that within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person's conviction, the following statements are not inadmissible hearsay at the probable cause hearing described above: (1) a statement from a victim of the sexual offense, (2) a statement from an eyewitness to the sexual offense, or (3) a statement from a sexual assault medical examiner who examined a victim of the sexual offense.

Signed into law Oct 7, 2023 0 co-sponsors
Primary AB 781
Signed into law · California Assembly · Lead sponsor
Accessibility to emergency information and services: emergency shelters: persons with pets.

Existing law, the California Emergency Services Act, provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines "emergency plan" for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan. Upon the next update to a city or county's emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or county's emergency plan, whenever a city or county designates any number of emergency shelters that it also designate at least one emergency shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or county's emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency. This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and the Federal Emergency Management Agency. This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, 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.

Signed into law Oct 7, 2023 0 co-sponsors
Co-sponsor AB 1
Signed into law · California Assembly · Co-sponsor
Collective bargaining: Legislature.

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.

Signed into law Oct 7, 2023 1 co-sponsor
Co-sponsor AB 298
Signed into law · California Assembly · Co-sponsor
Honoring Our Blind Veterans Act.

Existing law provides for various memorials and monuments within the State Capitol Building and on the State Capitol grounds. Existing law prescribes various duties of the Department of General Services in connection with the development and maintenance of the State Capitol Building and grounds. This bill would authorize a nonprofit organization that represents blind veterans, in consultation with the Department of General Services, to plan, construct, and maintain a braille American flag to serve as a monument to the blind veterans of California and the United States in the State Capitol Building. The bill would specify duties for the Department of General Services in connection with the planning, construction, and maintenance of the monument. The bill would prohibit the construction of the monument until the Joint Rules Committee of the California Legislature approves and adopts a plan for the monument and the committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument.

Signed into law Oct 4, 2023 1 co-sponsor
Co-sponsor AB 268
Signed into law · California Assembly · Co-sponsor
Board of State and Community Corrections.

Existing law establishes and regulates the state prison for the confinement of persons convicted of certain felony offenses. Existing law also regulates county jails used for the confinement of persons awaiting trial and persons convicted of misdemeanors and certain felony offenses. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. The duties of the board, among others, include establishing standards for local correctional facilities and correctional officers. Under existing law, the board is composed of 13 members, as specified. This bill would, commencing July 1, 2024, add 2 additional members to the board, a licensed health care provider and a licensed mental or behavioral health care provider, appointed by the Governor and subject to confirmation by the Senate. The bill would also, commencing July 1, 2024, require the board to develop and adopt regulations pertaining to standards of care for incarcerated persons with mental health issues by local correctional facilities, including requirements for training of correctional staff, requirements for mental health screening, and requirements for safety checks of incarcerated persons.

Signed into law Oct 4, 2023 1 co-sponsor
Co-sponsor SB 14
Signed into law · California Senate · Co-sponsor
Serious felonies: human trafficking.

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.

Signed into law Sep 25, 2023 1 co-sponsor
Co-sponsor SJR 7
Signed into law · California Senate · Co-sponsor
Relative to a federal constitutional convention.

The measure would apply to the United States Congress to call a constitutional convention under Article V of the Constitution of the United States for the purpose of proposing a constitutional amendment relating to firearms, as specified.

Signed into law Sep 21, 2023 1 co-sponsor
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