This measure would recognize May 2018 as Blue Star Mothers of America Month in California, as specified.
Existing law defines first degree murder, in part, as all murder that is committed in the perpetration of, or attempt to perpetrate, specified felonies, including arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping. Existing law, as enacted by Proposition 7, approved by the voters at the November 7, 1978, statewide general election, prescribes a penalty for that crime of death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law, as amended by Proposition 115 as approved by the voters at the June 5, 1990, statewide primary election, requires the sentence of life without the possibility of parole or death to be imposed when specified special circumstances have been found to be true, including when the murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, specified felonies. Existing law, also as amended by Proposition 115, requires that every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of an enumerated felony that results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, be punished by death or imprisonment in the state prison for life without the possibility of parole. Existing law defines 2nd degree murder as all murder that is not in the first degree and imposes a penalty of imprisonment in the state prison for a term of 15 years to life. The Legislature may amend Proposition 115 by a statute passed in each house by rollcall vote entered in the journal, 23 of the membership concurring, or by a statute that becomes effective only when approved by the electors. This bill would amend various propositions by limiting the sentence for specified instances of first degree murder to 25 years to life, specifically where the person is not the actual killer but acts with specified intent. The bill would define as 2nd degree murder, punishable by 15 years to life in state prison, a person who is not the actual killer and who does not act with reckless indifference to human life and is not a major participant in the crime, but who aids, abets, counsels, commands, induces, solicits, requests, or assists an actor in the commission or attempted commission of an enumerated crime that results in the death of a person. This bill would provide a means for a person to petition for recall and resentencing when he or she was sentenced to an indeterminate term of imprisonment in the state prison for life without the possibility of parole when he or she was not the actual killer, did not act with reckless indifference to human life, and was not a major participant in the underlying felony. The bill would require the petitions for recall and resentencing to be filed on or before January 1, 2024.
This measure would urge lawmakers in Poland to reverse or revise a recent Polish law on speech related to the Holocaust, would call on Congress to join that effort, and would call for a renewed commitment to Holocaust education in California.
This measure would recognize the month of May 2018 as Foster Care Month as an opportunity to raise awareness about the challenges that children, and particularly lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) youth, face in the foster care system, as specified.
This measure would recognize May 2018 as National Mental Health Awareness Month in California to enhance public awareness of mental illness.
Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedicinal cannabis production and sales out of the hands of the illegal market by regulating the cultivation, distribution, and use of cannabis for nonmedicinal purposes by individuals 21 years of age and older. This bill would create the California Illegal Cannabis Task Force, which would, among other things, analyze existing statutes to determine if they adequately address illegal cannabis cultivation, manufacturing, distribution, sales, and diversion of cannabis to other states, and recommend necessary revisions or new provisions. The bill would specify the membership of the task force, and would require members to be selected and to meet no later than March 1, 2019. The bill would require the task force to conduct a study, as specified, and report its findings to the Legislature on or before December 31, 2019. The bill would repeal these provisions as of January 1, 2022.
The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws,and standards and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law requires every employer to comply with those standards. A violation of these standards and regulations under specific circumstances is a crime. This bill would require the board to adopt occupational safety and health standards for state public works projects to prevent and control coccidioidomycosis, more commonly known as Valley Fever. By expanding the definition of an existing 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, the Personal Income Tax law, allows various credits against the taxes imposed by that law. This bill would allow a credit against that tax for each taxable year beginning on or after January 1, 2019, and before January 1, 2020, in an amount equal to 50% of the amount paid or incurred, not to exceed $1,000, for losses sustained by a taxpayer and not compensated for by insurance or otherwise that occurred in a qualified disaster area, as defined. This bill would take effect immediately as a tax levy.
