Existing law defines the terms "serious felony" and "violent 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 within the definition of a violent felony and the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law. 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.
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Existing law prohibits the possession, transportation, importation, sale, manufacturing, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl. Existing law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law both manslaughter and murder are punishable as felonies. This bill would require a court to advise a person convicted of specified crimes, including, among others, selling, furnishing, transporting, or manufacturing certain controlled substances, that such conduct inflicts a grave health risk to those who ingest or are exposed to those substances, that it is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances, and that if someone dies as a result, the defendant can be charged with voluntary manslaughter or murder. The bill would require the advisement to be provided in writing and the fact that the advisement was given to be recorded on the record and recorded in the abstract of judgment.
(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Proposition 47 authorizes amendment of its provisions by a 23 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act. This bill would amend Proposition 47 by authorizing acts of shoplifting that occur on 2 or more separate occasions within a 12-month period, and the aggregated value of the merchandise taken exceeds $950, to be punished either by imprisonment in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Exiting law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary being punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. This bill would make burglary with regard to a railroad car or a cargo container punishable by imprisonment in a county jail for 2, 4, or 6 years. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (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 no reimbursement is required by this act for a specified reason.
Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law prohibits a person from driving a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. Existing law makes a violation of these prohibitions an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. Existing law, except as specified, generally makes a violation of any provision of the Vehicle Code an infraction punishable by a fine not exceeding $100, a fine not exceeding $200 for a second infraction, and a fine not exceeding $250 for a third or subsequent infraction, as specified. This bill would delete the $20 fine for a first offense and $50 fine for a subsequent offense structure for a violation of the above-described prohibitions, and would therefore make a violation of those provisions subject to the general fine structure for violations of any provision in the Vehicle Code.
This measure would recognize March 2022 as Sudden Unexplained Death in Childhood Awareness Month.
This measure would proclaim the month of March 2022 as Traumatic Brain Injury Awareness Month.
This measure would resolve that the Legislature declares March 12, 2022, as National Girl Scout Day.