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. A writ of habeas corpus may be prosecuted for, among other things, false evidence that is substantially material or probative on the issue of guilt or punishment that was introduced against the person at a hearing or trial relating to their incarceration. Existing law makes a finding of factual innocence by a court in a contested hearing binding on the California Victim Compensation Board for purposes of a claim. Existing law establishes procedures for the board for the hearing of a claim. Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. This bill would add factual innocence, as defined, as an additional basis for habeas corpus, and would require a petitioner to establish their factual innocence by clear and convincing evidence, as defined, that no reasonable jury would have found them guilty beyond a reasonable doubt. The bill would make a finding of factual innocence at an uncontested hearing binding on the California Victim Compensation Board for purposes of a claim. The bill would require the board to order compensation if it finds the claimant has established by a preponderance of the evidence that no reasonable jury would find the person guilty beyond a reasonable doubt had they heard the evidence now before the board. The bill would require the court to include in the sealed records that the person was found factually innocent.
Sponsored bills
Existing law requires an operator of a for-hire vessel, as defined, to obtain a valid license to operate a for-hire vessel on the waters of this state, except as provided. Existing law defines for-hire vessel to include a vessel propelled by machinery carrying more than 3 passengers for hire, except as specified. Under existing law, a violation of the provisions governing the licensing of an operator of a for-hire vessel is a misdemeanor. This bill, for the purposes of those provisions governing the licensing of an operator of a for-hire vessel, would revise the definition of for-hire vessel to instead include a vessel propelled by machinery carrying one or more passengers for hire, except as specified. By expanding the scope of 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 measure would urge the United States Department of Energy to implement the prompt and safe relocation of spent nuclear fuel from specified nuclear facilities in the state to a licensed and regulated interim consolidated storage facility. The measure would also urge the department to determine and finalize a permanent location for spent nuclear fuel from California nuclear facilities.
Existing law establishes resource conservation standards for timber operations and forestry practices to ensure that a cover of trees of commercial species, sufficient to utilize adequately the suitable and available growing space, is maintained or established after timber operations. This bill would state the intent of the Legislature to enact legislation related to forests.
Existing law provides that whenever any person is arrested for certain offenses, including, among other things, an infraction involving vehicle equipment, the arresting officer is required to permit the arrested person to execute a notice, prepared by the officer in triplicate, containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless the arresting officer finds that a disqualifying condition exists. Existing law generally requires every undocumented vessel, as defined, using the waters or on the waters of the state to be currently numbered. The owner of each vessel requiring numbering by the state is required to, among other things, paint on or attach to each side of the forward half of the vessel the identification number, as specified. This bill would additionally require an arresting officer to permit a person arrested for various offenses, including, among others, the failure to paint on or attach to each side of the forward half of the vessel the identification number, as specified, to execute a notice, prepared by the officer in triplicate, containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless the officer finds that a disqualifying condition exists.
Existing law authorizes specified local agencies to establish the Fort Ord Reuse Authority as a public corporation of the state and authorizes the authority's board to adopt the Fort Ord Reuse Plan, as specified. Existing law requires the board of the authority to prepare, adopt, review, revise from time to time, and maintain a plan for the future use and development of the territory occupied by Fort Ord. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law authorizes the Labor Commissioner to issue civil wage and assessment penalties to a contractor or subcontractor that fails to pay prevailing wages in connection with a public work. This bill would deem as public works any work performed within the territory of Fort Ord if the contractor or subcontractor is required to pay prevailing wages pursuant to a resolution of the Fort Ord board, deed restriction, or covenant. The bill would authorize the Labor Commissioner, for the purpose of enforcing compliance with specified prevailing wage and payroll record provisions, to issue civil wage and assessment penalties to a contractor or subcontractor that performed work subject to the provisions of the bill. The bill would apply these provisions to work performed before the effective date of these provisions. The bill would require all contractors and subcontractors performing work subject to these provisions to register with the Department of Industrial Relations, as specified.
Existing law provides for the appointment and commission of notaries public by the Secretary of State. Existing law authorizes a notary public to execute a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit. Existing law requires a legible notice to be included in those documents in an enclosed box, as specified, stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat is attached, and not the truthfulness, accuracy, or validity of the document. This bill would exempt from that notice requirement a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit, if those documents attach to a power of attorney granted pursuant to the Organization of American States' Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad.
Existing law establishes the State Department of Social Services, which has authority over various programs aimed at providing services for needy individuals, including programs targeted for at-risk youth. This bill would require the department, in collaboration with the State Department of Public Health, to establish and oversee a 3-year pilot program known as the Office of Youth Development and Diversion (OYDD) Pilot Program. The bill would provide that the purpose of the program would be to advance a comprehensive, coordinated, and expanded approach to youth diversion, with the goal of minimizing youth contact with the juvenile or criminal justice systems. The bill would require the department to award grants to up to 5 counties to establish a local OYDD. Under the bill, the local OYDD would be administered by the county public health department or the county health services department. The bill would prescribe goals, timelines, and requirements for the local OYDD. Upon the completion of the 3-year pilot program, the bill would require the department to post on its internet website a report of the grantees, projects, and outcomes.
Existing law establishes the State Department of Public Health, which, among other things, administers various programs that prevent disease and promote health. This bill would prohibit a retailer from selling, offering for sale, or otherwise providing to a consumer an unsealed beverage container, as defined, that is able to contain more than 16 fluid ounces, except for an unsealed beverage container designated for the consumption of water. The bill would define retailer to mean any person, firm, corporation, or business that sells, offers for sale, or otherwise provides a sugar-sweetened beverage to a consumer. This bill would make a violation of this prohibition punishable as an infraction, or a civil penalty in an action brought by the Attorney General, or a district attorney, county counsel, or city attorney, of $200 for the first violation, $500 for the second violation, and $1,000 for each subsequent violation. By creating a new 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 provides for various programs that prevent disease and promote health, including the Safe Drinking Water Supplemental Benefit Pilot Program that provides, until July 1, 2020, additional benefits to residents of prioritized disadvantaged communities to purchase safe drinking water. Existing law imposes various taxes, including taxes of the privilege of engaging in certain activities. The Fee Collection Procedures Law provides procedures for the collection of certain fees and surcharges and establishes criminal penalties for specified acts, including making it a misdemeanor to knowingly or willfully file a false return and making it a felony to willfully evade or attempt to evade or defeat the payment of a fee. This bill, subject to specified exemptions, would impose a fee on every distributor, as defined, for the privilege of distributing bottled sugary drinks and concentrate in the state, at a rate of $0.02 per fluid ounce and for the privilege of distributing syrups and powders concentrate in this state, either as concentrate or as sweetened beverages derived from that concentrate, at the rate of $0.02 per fluid ounce of sweetened beverage to be produced from concentrate. The bill would require the California Department of Tax and Fee Administration to administer and collect the fee pursuant to the Fee Collection Procedures Law, to register the distributors upon whom the fee is imposed, and would authorize the California Department of Tax and Fee Administration to promulgate and enforce regulations related to administration of the fee. The bill would require the fees to be deposited into the California Community Health Fund, created by the bill. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to specified entities, including the State Department of Public Health, the State Department of Health Care Services, the State Department of Social Services, and the State Department of Education, to promote health equity, to reduce health disparities, to improve oral health, and to prevent the leading causes of illness, injury, and premature death. The bill would authorize state departments to award competitive grants to local organizations in support of the bill's objectives, and would authorize the State Department of Social Services to prioritize the revenues that it receives from the California Community Health Fund to fund the Safe Drinking Water Supplemental Benefit Pilot Program. The bill would require the State Department of Social Services to coordinate with the State Water Resources Control Board for purposes of conducting any activities related to the Safe Drinking Water Supplemental Benefit Pilot Program and that are funded by the California Community Health Fund. The bill would extend the Safe Drinking Water Supplemental Benefit Pilot Program to July 1, 2025, and would repeal those provisions on January 1, 2026. Because the bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, diabetes, childhood obesity, and dental disease. 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 include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII   A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.