Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined. This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program. Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person's death, they may be charged with murder. This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described. 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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.
Sponsored bills
Existing law requires the Governor to proclaim various days as days of remembrance or recognition. This bill would require the Governor to annually proclaim September 25 as Dolly Parton Day. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the health, safety, and welfare of the child and a history of abuse by a parent or another person seeking custody against specified individuals, including the other parent. As a prerequisite to considering an allegation of abuse, existing law authorizes the court to consider written reports from specified entities, including law enforcement and child protective services. Existing law prohibits the court from considering a person's sex, gender identity, gender expression, or sexual orientation when determining the best interests of the child. The bill would also require the court to consider abuse that resulted in the conception of the child when determining the best interests of the child. Existing law prohibits a person from being granted physical or legal custody of, or visitation with, a child if the person has been convicted of rape and the child was conceived as a result of that violation. This bill, instead, would prohibit a person from being granted custody of, or visitation with, a child if the person has been convicted of an act of sexual assault, as defined, and either the child was conceived as a result of the act or born within 300 days after the act, and the act was one that could result in the conception of a child. Upon a finding by the court, by clear and convincing evidence, that a party seeking custody of a child perpetrated an act of sexual assault that resulted in the conception of the child, as defined, the bill would create a rebuttable presumption that an award of sole or joint physical or legal custody of the child is detrimental to the best interests of the child, which may only be rebutted by clear and convincing evidence to the contrary. Existing law, the Uniform Parentage Act, prescribes various circumstances under which an action may be brought for the purpose of determining the existence or nonexistence of a parent and child relationship and specifies when and by whom the action may be brought. This bill would authorize an action to be brought to declare the nonexistence of the parent and child relationship at any time if the child was conceived as a result of a sexual assault and the father was convicted of that violation. The Uniform Parentage Act defines the "parent and child relationship" as the legal relationship existing between a child and the child's parents, including determining who is a presumed parent. Under existing law, a person is presumed to be the natural parent of a child if they satisfy certain criteria, including, among other things, that the presumed parent and the child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated. Existing law creates exceptions to those presumptions, including if the child was conceived as a result of rape or unlawful intercourse, as specified. This bill would instead make that presumption inapplicable if the father was convicted of, or is found by clear and convincing evidence to have committed, an act of sexual assault against the child's mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, unless, after the date of the sexual assault, the child's natural mother and the father voluntarily share the rights and responsibilities of rearing the child. Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents if the child's parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider a parent's criminal record prior to the felony conviction for these purposes. Existing law authorizes the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of rape and the father was convicted of that violation. Existing law creates a conclusive presumption that the father is unfit to have custody or control of the child if the father is convicted of rape and the child was conceived as a result of that rape. This bill would also authorize the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of an act of sexual assault, as specified. The bill would create a conclusive presumption that the father of the child is unfit to have custody or control of the child if the father is found, by clear and convincing evidence, to have committed an act of sexual assault against the mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, except as specified.
Existing law authorizes the Public Utilities Commission to supervise and regulate every public utility in the state, including telephone corporations, and to fix just and reasonable rates and charges for public utilities. Existing law establishes the state's 6 universal service funds in the State Treasury, including the California High-Cost Fund-A Administrative Committee Fund (CHCF-A) and the California High-Cost Fund-B Administrative Committee Fund (CHCF-B) , and provides that moneys in each of the state's universal service funds are the proceeds of rates and are held in trust for the benefit of ratepayers and to compensate telephone corporations for their costs of providing universal service. Moneys in the funds may only be expended to accomplish specified telecommunications universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation. Existing law, the CHCF-A program, until January 1, 2028, requires the commission to develop, implement, and maintain a suitable program to establish a fair and equitable local rate structure aided by universal service rate support to small independent telephone corporations that serve rural areas and are subject to rate-of-return regulation by the commission. Existing law, the CHCF-B program, until January 1, 2028, requires the commission to develop, implement, and maintain a suitable, competitively neutral, and broad-based program to establish a fair and equitable local rate support structure aided by universal service rate support to telephone corporations serving areas where the cost of providing services exceeds rates charged by providers, as determined by the commission. This bill would extend the CHCF-A program and CHCF-B program requirements to January 1, 2033. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the CHCF-A program and CHCF-B program, which would be extended under the provisions of this bill, are part of the act, and a violation of a commission action implementing the programs' requirements would be a crime, 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except under certain circumstances. The violation of the act is a crime. This bill would prohibit the imposition of a civil, administrative, or criminal penalty for a violation of the take prohibition if the defendant used necessary and reasonable force to protect themselves, a member of their family, or any other individual from immediate bodily harm from a species listed pursuant to the act. The bill would require a person who committed a take, or an attempted take, of a species listed pursuant to the act under these circumstances to notify the Department of Fish and Wildlife within 24 hours after the take. Because a violation of this requirement would be a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires the State Department of Public Health to license and regulate various health facilities, including general acute care hospitals. Existing law requires the department to issue a special permit, in addition to a license, to a health facility to offer one or more special services, such as an emergency center, if specified requirements are met, including that the department finds that the standards of care and services are adequate and appropriate. Existing law requires the department to issue a special permit to allow a general acute care hospital to offer emergency stabilization services at a location that is neither inside nor contiguous to the applicant hospital if the hospital provides satisfactory evidence to the department that, among other things, the hospital has a written transfer agreement with the hospital closest to the location where emergency stabilization services will be provided and satisfactory evidence to the department that this location meets certain requirements, including that the location is in the town of Paradise within the County of Butte and serves the same area previously served by Feather River Hospital. This bill would require the department to issue a waiver, as specified, to a publicly owned and operated general acute care hospital, in collaboration with Del Puerto Health Care District, to operate one rural emergency stabilization care unit and waive designated general acute care hospital licensure requirements if specified conditions are met. The bill would limit the term of the waiver based on prescribed factors, including the completion of a hospital build within a 5-mile radius of the emergency stabilization care unit or within 10 years from the initial issuance of the waiver, except as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for Del Puerto Health Care District.
Existing law requires the Department of Transportation to adopt rules and regulations that allow the placement, near exits on freeways in rural areas, of information signs identifying specific roadside businesses. Existing law generally prohibits the placement of a sign within an urban area with a population of 5,000 or more, with certain exceptions. This bill, until January 1, 2037, would require the department to allow the placement of information signs along southbound State Route 395 just before the State Route 178 eastbound exit and along northbound State Route 395 just before the South China Lake Boulevard northbound exit, as provided.
Existing law requires certain businesses or establishments to post a notice relating to slavery and human trafficking, including hotlines and available services and support information. Existing law requires certain businesses or establishments to provide certain employees at least 20 minutes of training on human trafficking, as specified. Under existing law, the training must cover certain subjects, including how to recognize human trafficking. The training may also include information and material utilized by private nonprofit organizations that represent the interests of human trafficking victims and the Department of Justice, among other things. This bill would additionally require body art facilities, by July 1, 2027, to post the above-described notice and to provide the human trafficking training to their employees and registered practitioners, as specified. The bill would instead authorize the training to include evidence-based, trauma-informed curriculum developed by the above-described nonprofit organizations and information and material available on the Department of Justice's internet website.
(1) Existing law prohibits a transport escort service from accompanying or transporting a minor to any residential facility or institution located outside the state, unless the person or persons transporting or accompanying the minor are trustline-registered childcare providers. Existing law also requires every transport escort service that accompanies or transports a minor who is a resident of California to any residential facility or institution located outside the state to first provide the minor's parents, custodial parent, or legal guardian with specified information, including, among others things, a description of the childcare provider trustline registry. Existing law makes a violation of these provisions a misdemeanor. This bill, the Safe Passage for Youth Act, would expand those provisions relating to transport escort services to apply when accompanying or transporting a minor, without regard to whether the destination is an out-of-state residential facility or institution. The bill would revise the definition of a "transport escort service" and also make these provisions inapplicable to the transport of minors by a transportation network company, minors in the care of a community care facility, or an individual providing private childcare, casual babysitting, or domestic nanny services, if certain conditions are met. The bill would also require a transport escort service accompanying or transporting a minor to an out-of-state facility to provide the minor's parents with specified information, including an explanation of how a parent may obtain more information about the childcare provider trustline registry. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also impose various additional requirements and restrictions on transport escort services, including, among other things, a requirement that they maintain written policies governing the safety and welfare of minors and a prohibition on using behavioral restraints unless it is necessary to prevent imminent, serious physical harm and less restrictive alternatives are not available. The bill would authorize the Attorney General to bring an action in superior court to enforce these provisions if a transport escort service engages in repeated or egregious violations of any of the above provisions. (2) Existing law, the Private Investigator Act, provides for the license and regulation of private investigators, as provided. The act defines private investigator to mean a person who engages in business or accepts employment to furnish any person to protect persons or investigation for the purposes of obtaining information, as specified. Under this bill, a private investigator license issued under the act would not constitute or confer a permit to operate as a transport escort service. Under the bill, a transport escort service would not be required to hold a private investigator license under the act solely by reason of transporting or accompanying a minor. (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 establishes an archery season for the taking of deer with bow and arrow. Existing law generally prohibits a person taking or attempting to take deer during that archery season from carrying, or having under their immediate control, a firearm of any kind, except for an active or honorably retired peace officer, as specified. This bill would repeal that prohibition.