(1) Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, statewide general election (the DNA act) , requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes this requirement retroactive, regardless of when the crime charged or committed became a qualifying offense. Existing law authorizes amendments to the DNA act that are consistent with its purposes. This bill would also require persons convicted of specified misdemeanors to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program. (2) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires the crime of shoplifting to be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property. Existing law authorizes the Legislature to amend the provisions of the act by a 23 vote of each house of the Legislature if it is consistent with, and furthers the purpose of, the act. This bill would recast the shoplifting provisions as entering a commercial establishment with the intent to steal retail property or merchandise, as defined. By amending the definition of shoplifting enacted by Proposition 47, this bill would require a23 vote. Existing law, the Safe Neighborhoods and Schools Act, makes a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. This bill would apply that penalty to a person who has 2 prior convictions for specified offenses, including certain felonies, and including petty theft and shoplifting, who is subsequently convicted of petty theft or shoplifting if the value of the money, labor, or real or personal property taken exceeds $250. (3) Existing provisions of the California Constitution make a person who was convicted of a nonviolent offense and sentenced to state prison eligible for parole consideration after completing the full term of the person's primary offense. Existing law enumerates various felonies as violent. This bill would classify other existing felonies as "violent felonies" for those purposes, and would apply that definition to persons currently incarcerated in state prison, regardless of the date on which their sentence was imposed. Existing law provides for postrelease community supervision of felons, as provided, including the imposition of intermediate sanctions for noncompliant offender activity, including, among other things, incarceration in jail not exceeding 10 days, mandatory community service, and the revocation of postrelease community supervision by a court or a revocation hearing officer. Existing law requires the supervising county agency who has determined, following application of its assessment processes, that intermediate sanctions are not appropriate, to petition the court to revoke, modify, or terminate postrelease community supervision. This bill would apply that requirement to the circumstance of a supervised offender who has violated the offender's conditions of release 3 times. The bill would also require a county probation department, upon a decision to impose a period of flash incarceration, to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on local governments, this bill would impose a state-mandated local program. (4) 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 contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund, a continuously appropriated fund, to fund various county mental health programs. Moneys in the fund may only be used for specified purposes, including 5% for certain state administrative costs, which funds are subject to appropriation in the annual Budget Act. The act provides that it may be amended by the Legislature by a 23 vote of each house so long as the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to amend the act to clarify procedures and terms of the act by majority vote. This bill would require the Mental Health Services Oversight and Accountability Commission, by January 1, 2021, to establish one or more centers of excellence to provide the counties with technical assistance to implement best practices related to elements of the act. The bill would require those centers of excellence to be funded with state administrative funds provided under the act. In implementing these provisions, the bill would require the commission to determine the areas of focus for the centers of excellence, including, but not limited to, the areas of service delivery that need improvement. This bill would declare that this amendment is consistent with and furthers the purposes of the act, thereby requiring a 23 vote.
The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as GO-Biz, to serve as the Governor's lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office, among others, makes recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic and business development goals. 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 and to be available upon appropriation. This bill would establish the Low-Carbon Innovation Panel in the Governor's Office of Business and Economic Development with a specified membership. The bill would establish the Low-Carbon Innovation Grant Program, to be administered by the panel, to award grants to help researchers, entrepreneurs, and companies create and commercialize new low-carbon technologies that will help the state meets its greenhouse gas emissions reductions targets, as specified. The bill would authorize moneys from the Greenhouse Gas Reduction Fund to be available, upon appropriation, for allocation by the panel for the purposes of the program.
Existing law requires the Department of Child Support Services to administer all federal and state laws and regulations relating to child support enforcement obligations. This bill would require the department, on or before January 1, 2021, to create an internet website and make publicly available information regarding persons who are delinquent in the payment of court-ordered child support, as specified, including the obligor's name, photograph, and the amount of child support owed. The bill would require the department to comply with specified notification procedures before publishing an obligor's information on the website. The bill would require the department to update the amount of support payments in arrears for each obligor on a quarterly basis, and to maintain an obligor's information on the website until the department is notified that the obligor has made support payments for at least 90 days. The bill would allow the department to publish a list of "top child support deadbeats" on one or more social media platforms. The bill would prohibit the use of information published on the website for specified purposes relating to credit, employment, and housing, among other things. The bill would impose a fine of at least $10,000 on a person who uses information from the website to commit a misdemeanor, and a fine of up to $50,000 on a person who uses information from the website to commit a felony.
Existing law creates the State Department of Public Health and provides that the head of that department is the State Registrar of Vital Statistics. Existing law requires the state registrar to establish registration districts within the state for the purpose of registering births and deaths. Existing law requires that a death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death. Existing law requires the department to implement an electronic death registration system for the creation, storage, and transfer of death registration information. Existing state and federal law define and regulate credit reporting agencies, which provide reports bearing on a consumer's creditworthiness. This bill would require the State Department of Public Health to negotiate with a credit reporting agency, as defined, that wishes to receive notices of death from the department. If the department and agency reach a mutually acceptable agreement in this regard, the bill would require the department, within 14 days of a death registration with the electronic death registration system, to provide notice of an individual's death to the credit reporting agency for the purpose of placing a warning in the decedent's credit report, as specified. The bill would require the department to furnish the necessary information in its possession to properly identify the individual. The bill would authorize the department to provide the notification in the manner it deems most economical and efficient, including electronically.
Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP) , administered in California as CalFresh, under which each county distributes nutrition assistance benefits provided by the federal government to eligible households. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) acceptance system. Existing law, until January 1, 2022, encourages the Regents of the University of California, requires the Trustees of the California State University, and authorizes the Board of Governors of the California Community Colleges, to designate as a "hunger-free campus" each of the institutions' respective campuses that meet specified criteria, including having a campus employee designated to help ensure that students have the information they need to enroll in CalFresh. This bill would require the State Department of Social Services, the State Department of Public Health, the State Department of Education, and the Department of Food and Agriculture, to develop a plan to end hunger. The bill would require the State Department of Social Services to serve as the lead agency for the development of the plan. The bill would require the plan to be distributed to the Legislature no later than January 1, 2021, and would establish criteria for the plan, including that the plan establish a budget of $11,500,000, contingent upon an appropriation in the annual Budget Act or other measure, for the Department of Food and Agriculture to support local food hub efforts. The bill would also require the plan to request the Regents of the University of California, and direct the Trustees of the California State University and the Board of Governors of the California Community Colleges, to develop systems that allow EBT cards to be used on their respective campuses, and present a report to the Assembly Select Committee on Campus Climate on the progress that has been made, by July 1, 2020.
This measure would call for increased research on the causes, cures, and early detection of pediatric cancer.
Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. This test is commonly known as the "ABC" test, as described above. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of Dynamex and the provisions described above. These exemptions include a temporary exemption for newspaper distributors or newspaper carriers, as defined, until January 1, 2021. This bill would delete the above inoperative date of January 1, 2021, applicable to newspaper distributors or newspaper carriers, thereby making the above exemption apply indefinitely.
Existing case law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing statutory law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is not an employee under the ABC test. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would also exempt from the ABC test specified individuals working as interpreters and translators.
Existing law, the Horse Racing Law, authorizes the California Horse Racing Board to make allocations of racing weeks, including simultaneous racing between zones, as it deems appropriate, as provided. This bill would make nonsubstantive changes to these provisions.