(1) When a person is convicted of violating specified driving-under-the-influence (DUI) provisions, and at the time of the arrest leading to that conviction the person willfully refused a peace officer's request to submit to, or willfully failed to complete, a specified chemical test, existing law requires a court to impose additional penalties, as specified. This bill would make it a crime for a person to willfully refuse to submit to, or willfully fail to complete, a breath test after being lawfully arrested for a violation of specified offenses. The bill would specify that this crime does not apply to a person who has submitted to and completed a blood test, as specified. By creating a new crime, this bill would impose a state-mandated local program. (2) When a person is convicted of violating specified DUI provisions, existing law requires a court to consider a concentration of alcohol in a person's blood of 0.15% or more, by weight, or the refusal of the person to take a chemical test as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. This bill would change the provision described above to no longer require a court to consider a person's refusal to take a chemical test as a special factor. (3) Existing law provides that a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for driving under the influence of alcohol or drugs. Existing law requires a person to be told that his or her failure to submit to, or the failure to complete, the required chemical test will result in a fine, mandatory imprisonment if convicted of specified DUI offenses, and suspension or revocation of his or her driving privilege, as specified. Existing law exempts a person afflicted with hemophilia or a heart condition, as specified, from this blood test requirement and instead requires him or her to submit to, and complete, a urine test. This bill would repeal the presumption that a person consents to submit to chemical testing of his or her blood or breath and would instead require a motor vehicle driver who is lawfully arrested for a specified DUI offense to submit to chemical testing of his or her blood or breath for the purpose of determining the alcoholic or drug content of his or her blood. The bill would require a peace officer to advise the person that he or she is entitled to a number of constitutional protections as to the manner in which the testing will occur, but that failure to take a blood or urine test may result in suspension or revocation of his or her driving privilege, and refusal to take a breath test may result in the same penalty and a fine or mandatory imprisonment if the person is convicted of a specified DUI offense. The bill would require a person exempted from the blood test requirement because of hemophilia or a heart condition, as specified, to submit to, and complete, a breath test or a urine test, as specified. Because this bill would impose new requirements on peace officers, it would impose a state-mandated local program. (4) The bill would also make legislative findings and declarations about the privilege of driving on public streets and highways in California and reasonable conditions imposed on that privilege. 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.
Sponsored bills
Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator. This bill would allow a party to a confidential communication to record the communication for the purpose of obtaining evidence reasonably believed to relate to domestic violence, as specified, and the evidence so obtained would not be rendered inadmissible in a prosecution against the perpetrator for domestic violence. The bill would also authorize a victim of domestic violence who is seeking a domestic violence restraining order from a court to record specified communications made by the perpetrator for the exclusive purpose and use of providing the evidence to the court.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative statute enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person 21 years of age or older to possess and use specified amounts of cannabis. AUMA specifies that possessing, smoking, or ingesting cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present is prohibited. AUMA makes a violation of this location restriction punishable as an infraction or a misdemeanor, as specified. AUMA authorizes the Legislature to amend its provisions with a 23 vote of each house of the Legislature, if the amendments are consistent with and further the purposes and intent of the act. This bill would prohibit the possession, smoking, or ingesting of cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center, regardless of whether children are present. 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 establishes the Labor and Workforce Development Agency and provides that the agency consists of, among other entities, the California Workforce Development Board, the Employment Development Department, and the Employment Training Panel. Existing law establishes within state government a Department of Veterans Affairs and a Department of Food and Agriculture. Existing law provides for a variety of state benefits to veterans, including those relating to educational assistance and farm and home purchases, as specified. This bill would, by July 1, 2018, require the California Labor and Workforce Development Agency, the California Department of Veterans Affairs, and the California Department of Food and Agriculture, in consultation with the United States Department of Agriculture and the United States Farm Service Agency, and other federal agencies as needed, to identify and post specified information to assist veterans in entering farming or ranching careers.
Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or other consumption of, meals and food products that are furnished or served by any nonprofit veteran's organization for purposes of fundraising, as specified. This bill, on and after April 1, 2017, and before January 1, 2023, would exempt from these taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, building materials and supplies purchased by a qualified person for use by that qualified person in the construction of specified military and veteran medical facilities. The bill would make a legislative finding and declaration that the retroactive application of the bill serves a public purpose and does not constitute a gift of public funds. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse cities and counties for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill.
Existing law requires, in all cases in which a criminal defendant has been convicted of a crime involving domestic violence, as defined, or one of specified sex offenses, the court to consider issuing an order, valid for up to 10 years, restraining the defendant from any contact with the victim. Existing law states the intent of the Legislature in enacting that provision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. Under existing law, a willful and knowing violation of a protective order or stay-away court order, issued under specified conditions, including the above-described provision, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would require the court to consider issuing an order restraining a criminal defendant who has been convicted of a crime involving domestic violence from any contact with a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence. The bill would provide that the minor, under those circumstances, is a witness. The bill would make conforming changes relating to the stated intent of the Legislature. The bill would authorize a no-contact order issued for purposes of a minor witness to include, either at the time of sentencing or on subsequent application upon a showing of good cause at a noticed hearing, as specified, an order authorizing a family or juvenile court to make a subsequent order for safe and appropriate visitation with the defendant's child who is a minor witness. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would require an order restraining the defendant from any contact with the victim or a minor witness under the above-described provisions to have precedence in enforcement over a civil court order against the defendant, except for an emergency protective order, as specified. 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 authorizes the display of the Flag of the United States of America and the Flag of the State of California on a sidewalk located in or abutting on a state highway situated within a city, if the type of flagholder and the method of its installation and maintenance are not in violation of the Department of Transportation's rules. This bill would authorize a city or county to display the Flag of the United States of America or the Flag of the State of California, or both, as part of a gateway monument, as defined.
Existing law provides for the formation of veterans memorial districts and provides for their powers and functions in constructing, acquiring, and operating halls, buildings, meeting places, and other facilities for the use of veterans and veterans' organizations and by persons and organizations other than veterans when their use does not interfere with the use of the facilities by veterans. Existing law authorizes, under specified conditions and to fund these purposes, the issuance of district bonds and the imposition of a memorial district tax. This bill would additionally authorize a veterans memorial district to provide funding to providers of supportive services that improve the quality of life for veterans and their families, including, but not limited to, counseling, case management, and employment training and placement, as provided.
Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses. Existing law specifies that the requirements for issuance of a license only apply to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. This bill would require a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, instead of for the period of a calendar year, or the remainder thereof. The bill would require the commission to include, among the costs required to be recovered by an adjustment of the fee amount, transition costs related to the new licensing period. The bill would require the Department of Fish and Wildlife to collect all relevant and appropriate information necessary to justify the amount of the sport fishing license fees, including information about enforcement costs. The bill would require the department to submit to the Legislature a written report on the implementation of the new licensing period that also includes the information collected to justify the amount of the fees for licenses issued for the new licensing period. The bill would delete the provision specifying that the license issuance requirements only apply to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. The provisions of this bill would be operative beginning January 1, 2020, until January 1, 2025, except for the change regarding the Automated License Data System, which would be operative on January 1, 2018.