(1) Existing law makes it a crime for a person to willfully and lewdly expose their private parts in a public place where there are other persons are present who may be offended or annoyed. This bill would make it a crime for a person to knowingly send an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would make the crime punishable as an infraction by a fine of $500 for a first offense and $1,000 for a 2nd or subsequent offense. By creating a new crime, this bill would impose a state-mandated local crime. (2) Existing law creates a private cause of action against a person who intentionally distributes material that exposes an intimate body part of another person or shows that other person engaging in sexual conduct if the person knew that the other person had a reasonable expectation that the material would remain private. This bill would create a private cause of action against a person who knowingly sends an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would entitle the plaintiff to recover economic and noneconomic damages or statutory damages of a sum not less than $1,500 but not more than $30,000, as well as punitive damages, reasonable attorney's fees and costs, and other available relief, including injunctive relief. 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 provides for the Medi-Cal program, administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law prohibits a Medi-Cal managed care plan from restricting a beneficiary's choice of a qualified provider from whom the beneficiary may receive covered family planning services. Under existing law, the Medi-Cal program administers the Family Planning, Access, Care, and Treatment (Family PACT) Program within the department to provide comprehensive clinical family planning services to a person with a family income at or below 200% of the federal poverty level. Existing law requires reimbursement rates for office visits billed as comprehensive clinical family planning services by Family PACT providers or Medi-Cal providers to receive a rate augmentation equal to the weighted average of at least 80 percent of the amount that the federal Medicare program reimburses for the same or similar office visits. This bill would specify that family planning services for which a Medi-Cal managed care plan may not restrict a beneficiary's choice of a qualified provider include sexually transmitted disease (STD) testing and treatment. The bill would, subject to an appropriation by the Legislature and any potential draw down of federal matching funds, authorize an office visit to a Family PACT provider or Medi-Cal provider for specified STD-related services for uninsured, income-eligible patients, or patients with health care coverage who have confidentiality concerns, who are not at risk experiencing or causing an unintended pregnancy, and who are not in need of contraceptive services, to be reimbursed at the same rate as comprehensive clinical family planing services. Existing law authorizes a specified health care provider who diagnoses an STD, as specified, to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to that patient's sexual partner or partners without examination of that patient's partner or partners. The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. The Pharmacy Law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the patient or patients. This bill would name the above practice "expedited partner therapy." The bill would require a health care provider to include "expedited partner therapy" or "EPT" on a prescription if the practitioner is unable to obtain the name of a patient's sexual partner, and would authorize a pharmacist to dispense an expedited partner therapy prescription and label the drug without an individual's name if the prescription includes "expedited partner therapy" or "EPT." The bill would specify that a health care provider is not liable in a medical malpractice action or professional disciplinary action if the use of expedited partner therapy is in compliance with the law, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.
Existing law requires the cost of a medical evidentiary examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of a sexual assault to be treated as a local cost and charged to the local law enforcement agency in whose jurisdiction the alleged offense was committed. Existing law authorizes a local law enforcement agency to seek reimbursement from the Office of Emergency Services for the cost of conducting the medical evidentiary examination portion of a medical examination of a sexual assault victim who has not decided whether to participate in the criminal justice system. This bill would specify that a medical evidentiary examination includes the treatment, as specified, of any injuries sustained as a result of an assault and testing for pregnancy and sexually transmitted infections. Existing law prohibits the billing of a victim of a sexual assault for a medical evidentiary examination. This bill would authorize the State Department of Public Health to assess an administrative penalty against hospitals and clinics for a violation of this prohibition. The bill would require the proceeds of these penalties to be placed into the Medical Evidentiary Examination Penalty Fund, created by this bill, and would make those funds available upon appropriation by the Legislature to the department to reimburse hospitals and clinics for unbilled costs, as specified.
Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. This bill, until January 1, 2027, would establish the High School Graduation Requirements Task Force, composed of 17 members, appointed as specified, to holistically review the statewide high school graduation requirements for purposes of identifying and recommending changes to the coursework requirements. The bill would require the task force to submit to the Legislature an interim report on its activities on or before January 1, 2022, and a final report on its findings and recommendations on or before January 1, 2023.
(1) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to include several elements, including, among others, an environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities, as defined, if the city, county, or city and county has a disadvantaged community. This bill would revise and recast the provisions regarding an environmental justice element by requiring the environmental justice element to include certain provisions, including identification of disadvantaged communities; an assessment of the unique and compounded health risks and investment needs in disadvantaged communities; a statement of goals, quantified objectives, and policies designed to address the unique and compounded health risks and investment needs identified; and a program that sets forth a schedule of required meaningful actions with an implementation deadline and performance metrics with regard to the goals, quantified objectives, and policies identified. The bill would require local governments to ensure meaningful involvement of residents of disadvantaged communities in the preparation, adoption, and implementation of the environmental justice element, and to facilitate accomplishing this requirement by preparing and adopting a public engagement plan prior to the development of the environmental justice element, and release of any draft or a portion thereof, as provided. This bill would also require a city, county, or city and county, subject to these requirements, that does not have an adopted environmental justice element as of September 30, 2020, to adopt the environmental justice element, pursuant to these provisions, on or before the due date for the next revision of its housing element or by January 1, 2023, whichever is sooner, and if the local government has adopted an environmental justice element pursuant to these provisions by September 30, 2020, it would be required to review and amend the element on or before the deadline for adoption of the next revision of its housing element and periodically thereafter, as provided. Because the bill would impose new duties on local governments with respect to the environmental justice element, the bill would create a state-mandated local program. (2) Existing law requires cities and counties to prepare, adopt, and amend general plans and elements of those general plans in the manner provided. Upon an application by a city or county, the Director of State Planning and Research is required to grant a reasonable extension of time, not to exceed 2 years, for the preparation and adoption of all or part of the general plan, as specified. With exceptions, the director is prohibited from granting an extension of time for the preparation and adoption of a housing element. This bill would add the preparation of an environmental justice element to the prohibition. (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.
The Sex Equity in Education Act states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Under existing law, the sex discrimination provisions of the act do not apply to any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference, or to any program or activity of any secondary educational institution specifically for the promotion of any of those conferences or for the selection of pupils to attend those conferences if the conferences comply with other nondiscriminatory provisions of state and federal law. This bill would prohibit public funds or resources from being used in connection with any secondary educational program of government instruction located in Sacramento that does not provide an equal opportunity for female and male pupils to participate and use facilities in Sacramento. The bill would specifically subject those American Legion programs and activities to this prohibition.
Under existing law, a person is guilty of disorderly conduct, a misdemeanor, if they intentionally distribute an image that was intended to remain private of the intimate body parts of another or of the person depicted engaged in a sex act, as specified. Existing law requires prosecution for this offense to be commenced within one year after commission of the offense. This bill would instead allow prosecution for this offense to commence within one year of the discovery of the commission of the offense.
Existing law requires a certificated or classified school employee, and an academic or classified community college employee, who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to receive during those 5 months either (1) the difference between the employee's salary and the sum that is actually paid, or would have been paid, to a substitute employee employed to fill the position during the employee's absence, or (2) at least 50% of the employee's regular salary during the period of the absence. This bill would instead require a certificated or classified school employee, and an academic or classified community college employee, who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to receive the employee's full salary during those 5 months. The bill would make numerous related conforming and clarifying changes.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law also establishes the Family Planning, Access, Care, and Treatment (Family PACT) Program, administered by the Office of Family Planning within the department, under which comprehensive clinical family planning services are provided to a person who has a family income at or below 200% of the federal poverty level, and who is eligible to receive these services. Existing law provides that comprehensive clinical family planning services under the program includes preconception counseling, maternal and fetal health counseling, and general reproductive health care, among other things. This bill would expand comprehensive clinical family planning services under the program to include the human papillomavirus (HPV) vaccine for persons of reproductive age.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes the Family Planning, Access, Care, and Treatment (Family PACT) Program, administered by the Office of Family Planning, under which comprehensive clinical family planning services are provided to a person who has a family income at or below 200% of the federal poverty level, as revised annually, and who is eligible to receive these services. These Family PACT services are a benefit under the Medi-Cal program. Existing law authorizes only licensed medical personnel with family planning skills, knowledge, and competency to provide the full range of family planning medical services covered in the Family PACT Program. This bill would make technical, nonsubstantive changes to provisions relating to providers of services under the Family PACT Program.