Existing law generally prescribes the procedure for the prosecution of persons arrested for committing a crime, including pleadings, bail, pretrial proceedings, trial, judgment, sentencing, and appeals. Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, among other things, relief based on the use of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. This bill would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would allow a writ of habeas corpus to be prosecuted on the basis of that prohibition. The bill would require the prosecution to disclose, pursuant to a written request, all evidence relevant to a potential violation of that prohibition. By expanding the duties of local prosecutors, the bill would impose a state-mandated local program. The bill would require a court that finds a violation of that prohibition to dispose of the case against the defendant as specified. The bill would apply its provisions to commitments in the juvenile justice system. 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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(1) Existing law provides statewide uniform guidelines for determining the appropriate amount of a child support order. Existing law includes as an element in that calculation the income of each parent. Existing law defines parental annual gross income with reference to a nonexclusive list of income sources, including wages, pensions, interest, and trust income, among others. Existing law authorizes a court to also consider the earning capacity of a parent in lieu of the parent's income and considering, among other things, the best interests of the child. This bill would require a court to consider specific circumstances of the parent, including, the parent's job skills and record of seeking work, if a court considers the earning capacity of that parent. The bill would prohibit the court from considering the parent's incarceration or involuntary institutionalization, as specified, as voluntary unemployment for purposes of determining a parent's earning capacity. (2) Existing law requires each county to maintain a local child support agency that is responsible for establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders, and determining paternity, as specified. Existing law requires the Judicial Council, in consultation with the Department of Child Support Services (department) and others to develop simplified summons, complaint, and answer forms for any action for support brought pursuant to those provisions. Existing law requires the simplified complaint form to provide notice of the amount of child support that is sought pursuant to the uniform state guidelines based upon the income or income history of the support obligor as known to the child support agency or the presumed income if the support obligor's income is unknown. This bill, effective January 1, 2022, would, among other things, require that simplified complaint form to provide notice of the amount of child support that is sought based upon one of four applicable methods used to determine income, including, actual income, earning capacity, and reliable income history, or presumed income, as provided, if actual income, earning capacity, reliable income history are unknown. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction. The bill would require the department to adopt regulations to implement these provisions by January 1, 2024.
This measure would declare March 5, 2020, as Family Justice Center Day in California and would recognize the lifesaving and hope-giving work of the California Family Justice Center Network and its member Family Justice Centers as they work with rape crisis centers, domestic violence shelters, human trafficking agencies, prosecutors' offices, law enforcement agencies, and other professionals and community-based organizations to ensure that adult and child survivors of trauma can access all of their services in one setting.
This measure would recognize March 7, 2020, as California Arbor Day, and would urge California residents to observe the day with appropriate tree-planting activities and programs.
This measure would memorialize the achievements of Rosa Parks in the Civil Rights Movement and would commemorate the 20th Anniversary of Rosa Parks Day in California on February 4, 2020.
Existing law authorizes an educational provider, as defined, to use behavioral restraints, which includes physical and mechanical restraints, or seclusion, as defined, only if specified conditions are met, and prohibits an educational provider from using a behavioral restraint or seclusion in certain circumstances. Existing law requires a local educational agency that meets a specified federal definition to collect and, no later than 3 months after the end of a school year, report to the State Department of Education annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency for all or part of the prior school year, as specified. This bill would require those local educational agencies to post that report on their internet websites annually. Because the bill would impose a new requirement on those local educational 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 establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Under the local control funding formula, an important component is the number of "unduplicated pupils," as defined to be pupils classified as English learners, as eligible for free or reduced-price meals, or as foster youth, for purposes of supplemental grants. This bill would, commencing with the 2021–22 fiscal year, adjust the definition of "unduplicated pupils" to include pupils who are included in the lowest performing subgroup or subgroups, as defined, based on the most recently available mathematics or language arts results on the California Assessment of Student Performance and Progress, as specified. The bill would require the Superintendent of Public Instruction to annually identify the lowest performing pupil subgroup or subgroups. The bill would require that implementation of these provisions be contingent upon the appropriation of funds for these purposes in the annual Budget Act or other statute.