(1) Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records pertaining to that dismissed petition in the custody of the juvenile court and in the custody of law enforcement agencies, the probation department, or the Department of Justice in accordance with a specified procedure. Existing law prohibits the court from sealing a record or dismissing a petition under this provision if the petition was sustained based on the commission of any specified serious or violent offense, including murder, that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed among those specified offenses. (2) Existing law generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal his or her records, including records of arrest, relating to the person's case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. Existing law authorizes the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated as to the person or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, at any time after the person reaches 18 years of age. (3) Existing law, as amended by Proposition 21 at the March 7, 2000, statewide primary election, prohibits a court from ordering the person's records sealed, as specified, in any case in which the person has been found by the juvenile court to have committed any specified serious or violent offense, including murder, when he or she was 14 years of age or older. Proposition 21 allows the Legislature to amend its provisions by the enactment of a statute passed in each house by a 23 vote. This bill would expand the exception described in (1) to require the court to seal a record or dismiss a petition under the provisions described in (1) if the finding on that serious or violent offense was reduced to a misdemeanor. This bill would, except as specified, repeal the limitation of Proposition 21 on the authority of the court to order the sealing of records of those persons who were found to have committed those serious or violent offenses after attaining 14 years of age, and instead would only authorize the filing of a petition to seal the record or records relating to those serious or violent offenses committed after attaining 14 years of age that resulted in the adjudication of wardship by the juvenile court under specified limited circumstances. The bill would authorize certain individuals to access, inspect, or utilize a record relating to those specified serious or violent offenses that has been sealed pursuant to the provisions described in (2) in a subsequent proceeding against the person for specified purposes, or to meet other statutory or constitutional obligations to disclose exculpatory evidence, as specified, and would prohibit the access, inspection, or utilization of a sealed record under those provisions from being deemed an unsealing of the record. The bill would provide that the above-mentioned provisions on sealing records in specified limited circumstances and the authority to access sealed records relating to those serious or violent offenses that were committed after attaining 14 years of age do not apply in cases in which the offense was dismissed or reduced to a misdemeanor by the court. By expanding the duties imposed on local agencies relating to sealing of juvenile records, this bill would impose a state-mandated local program. (4) This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by AB 529 to be operative only if this bill and AB 529 are enacted and this bill is enacted last. (5) 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 provides, for many criminal offenses, 3 possible terms of punishment. Existing law authorizes a court, in sentencing a person convicted of such a crime, to select the appropriate term which, in its sound discretion, best serves the interests of justice. Existing law allows the court to consider, in choosing an appropriate punishment, the record of the case, specified reports received by the court, and specified statements in aggravation or mitigation. This bill would authorize the court to consider that a defendant convicted of a specified violent felony willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense as a factor in aggravation in sentencing that defendant.
(1) Existing law creates the enhanced fleet modernization program to provide compensation for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law creates the Vehicle Inspection and Repair Fund, which serves as a repository for fees collected by the Department of Consumer Affairs pursuant to the Automotive Repair Act and the motor vehicle inspection program, also known as smog check. Existing law creates the High Polluter Repair or Removal Account in the Vehicle Inspection and Repair Fund, and all moneys in the account are available upon appropriation to the department and the state board to establish and implement a program for the repair or removal of high polluters as part of the smog check program. Existing law creates the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account and makes available upon appropriation all moneys in the account to establish and implement the enhanced fleet modernization program. This bill would establish the Clean Cars 4 All Program to be administered by the State Air Resources Board to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option, as specified. The bill also would require the state board, no later than January 1, 2019, to update the guidelines for the Clean Cars 4 All Program and the enhanced fleet modernization program, as specified. The bill would require the state board, beginning no later than July 1, 2019, and every year thereafter, to collect and post on its Internet Web site specified information on both programs. This bill would authorize the state board to allocate moneys, upon appropriation, for the expansion of the replacement component or mobility option component of both programs from the Enhanced Fleet Modernization Subaccount, the High Polluter Repair or Removal Account, and the Vehicle Inspection and Repair Fund. The bill also would authorize the state board to allocate moneys, upon appropriation, from the Greenhouse Gas Reduction Fund to the Clean Cars 4 All Program. This bill would make conforming changes. (2) This bill would incorporate additional changes to Section 44125 of the Health and Safety Code proposed by AB 188 to be operative only if this bill and AB 188 are enacted and this bill is enacted last.
Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles. Existing law, until July 1, 2017, requires the state board, for the purposes of the Clean Vehicle Rebate Project, to, among other things, offer rebates only to applicants who purchase an eligible vehicle and have a specified maximum gross annual income; increase rebate payments by $500 for low-income applicants, as defined; and prioritize rebate payments for low-income applicants. This bill instead would extend the applicability of these provisions to January 1, 2019. This bill would require the state board to work with, and contract with, either the University of California or the California State University to prepare and submit to the Legislature a report on the impact of the Clean Vehicle Rebate Project on the state's zero-emission vehicle market no later than December 31, 2018. The bill would require the Department of Finance to submit to the Legislature a report evaluating the fiscal impacts of the Clean Vehicle Rebate Project no later than July 1, 2018. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes a statewide system of courts with a superior court of one or more judges in each county. Existing law authorizes the Judicial Council to prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure. This bill would require the Judicial Council, if certain funding is provided, to report to the Legislature, on or before June 1, 2020, on a study of veterans and veterans treatment courts that includes a statewide assessment, as specified, of veterans treatment courts currently in operation and a survey of counties that do not operate veterans treatment courts that identifies barriers to program implementation and assesses the need for veterans treatment courts in those counties. The bill would repeal these provisions on January 1, 2021.
Existing law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions. Existing law provides that whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities. This bill would, among other things and subject to exceptions, prohibit state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and would, subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. The bill would apply those provisions to the circumstances in which a law enforcement official has discretion to cooperate with immigration authorities. The bill would require, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. The bill would require, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. The bill would state that, among others, all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy. The bill would require that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, submit a report annually pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney General, by March 1, 2019, and annually thereafter, to report on the types and frequency of joint law enforcement task forces, and other information, as specified, and to post those reports on the Attorney General's Internet Web site. The bill would require law enforcement agencies to report to the department annually regarding transfers of persons to immigration authorities. The bill would require the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified. The bill would require the Department of Corrections and Rehabilitation to provide a specified written consent form in advance of any interview between a person in department custody and the United States Immigration and Customs Enforcement regarding civil immigration violations. This bill would state findings and declarations of the Legislature relating to these provisions. By imposing additional duties on public schools and local law enforcement agencies, 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.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compact entered into between the State of California and the Wilton Rancheria, executed on July 19, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes various programs that provide cash assistance and other benefits relating to health care, food, and housing, among other things, to qualified low-income families and individuals, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the California Earned Income Tax Credit, Medi-Cal, CalFresh, the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) , and the Emergency Housing and Assistance Program. This bill would establish the Lifting Children and Families Out of Poverty Task Force, for the purpose of submitting a report to the Legislature and the executive branch administration of the state, as specified, that recommends future comprehensive strategies to achieve the reduction of deep poverty among children and reduce the overall child poverty rate in the state. The bill would require the report to be completed by November 1, 2018. The bill would require the State Department of Social Services to invite and convene the task force and to assist the task force in carrying out its duties, as specified. The bill would repeal these provisions on January 1, 2020.
This measure would recognize September 11, 2017, as a day of solemn commemoration and extend the Legislature's deepest sympathies to the victims of the September 11, 2001 attacks.
Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards, which is within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. This bill would require the Division of Apprenticeship Standards, in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC) , to develop a statewide firefighter preapprenticeship program designed to recruit candidates from underrepresented groups. This bill would require the preapprenticeship program to meet specified objectives. This bill would also require CAL-JAC to deliver the pilot classes established by the preapprenticeship program using existing facilities and training models. This bill would require CAL-JAC to provide the program model to fire protection agencies, and would authorize a fire protection agency to then use that model and related resources to establish a local preapprenticeship program for recruiting candidates from underrepresented groups. This bill would reference an appropriation made in the Budget Act of 2017–18 to the division to establish the preapprenticeship program and would require the division to use those funds for specified purposes. This bill would declare that it is to take effect immediately as an urgency statute.