Existing law sets forth various statutes of limitations for various crimes. Existing law provides that the applicable period of limitations does not begin to run on various crimes until the offense has been discovered, or could have reasonably been discovered. Existing law makes it a misdemeanor to use a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape another, as specified, without consent, with specified intent, including to invade the other's privacy or arouse the sexual desires of the perpetrator, under circumstances in which the other person has a reasonable expectation of privacy. This bill would provide that a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to those specified provisions prohibiting the use of concealed camcorders, motion picture cameras, or photographic cameras of any type, to secretly videotape another, as specified above. This bill would incorporate additional changes to Section 803 of the Penal Code made by AB 109, which has been chaptered but is conditionally operative on October 1, 2011.
Sponsored bills
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the procedures for incorporations and changes of organizations of cities, including procedures for disincorporation. This bill would provide that every city with a population of less than 150 people as of January 1, 2010, would be disincorporated into that city's respective county as of 91 days after the effective date of the bill, unless a county board of supervisors determines, by majority vote within the 90-day period following enactment of these provisions, that continuing such a city within that county's boundaries would serve a public purpose if the board of supervisors determines that the city is in an isolated rural location that makes it impractical for the residents of the community to organize in another form of local governance. The bill would also require the local agency formation commission within the county to oversee the terms and conditions of the disincorporation of the city, as specified. The bill would become operative only if AB 781 of the 2011–12 Regular Session is enacted.
This measure would commemorate the 100-year anniversary of California's initiative process.
Existing law requires persons who have been convicted of specified crimes, and other persons as required by a court, to register as sex offenders. Existing law sets forth the procedure for registering and provides that a violation of the sex offender registration law is a crime, punishable as specified. The bill would, commencing January 1, 2013, require a person who is required to register as a sex offender to provide to the law enforcement agency with which he or she last registered all of his or her online names, addresses, e-mail addresses, and instant messaging user names for all of his or her accounts on social networking Internet Web sites, as defined, at the time of original registration or any subsequent registration and within 30 days of establishing a new online name, address, or account, as specified, and would make it a misdemeanor to fail to do so. This bill would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day. This bill would make an exception for special absentee voters, as defined, temporarily living outside of the territorial limits of the United States and the District of Columbia and would instead require that their vote by mail ballots be postmarked on or before election day and received by their elections officials not later than 10 days after election day. Because the bill would impose additional duties on elections officials, it 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 these statutory provisions.
Existing law provides that any person who commits an assault upon the person of another by any means of force likely to produce bodily injury shall be punished by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than one year, or by a fine not to exceed $10,000, or by both the fine and imprisonment. This bill would make technical, nonsubstantive changes to these provisions.
Existing law requires a California driver's license held by a person who enters or is in the United States Armed Forces to continue in full force and effect, so long as the service continues and the person remains absent from this state, and for a period not to exceed 30 days following the date the holder of the license is honorably separated from service or returns to this state, among other things. This bill would extend the above benefit to the spouse of the person who enters or is in the United States Armed Forces, as specified.
Existing law provides requirements for local elections officials to designate public and private properties and facilities for use as polling places. This bill would prohibit a polling place from being designated at a single-family residence where a registered sex offender resides, and would require elections officials to consult the Megan's Law sex offenders' database maintained by the Department of Justice not more than 60 days prior to designating a single-family residence as a polling place. Because this bill would impose additional duties on local elections officials in designating a polling place, it 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 these statutory provisions.
Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran, ex-serviceman, or member of the Armed Forces of the United States in connection with specified acts. Existing law provides that any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, with the intent to defraud, is guilty of a misdemeanor, or in the case where the person committing the offense is a veteran of the Armed Forces of the United States, an infraction or a misdemeanor, as specified. Existing law requires certain elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2005, that involves a false claim of receipt of a military decoration or medal described in that act. This bill would provide that the above provisions shall be known as the California Stolen Valor Act. The bill would require that the elected officers described above additionally forfeit their office upon conviction of any of the crimes specified in the California Stolen Valor Act.
Existing law, the Davis-Stirling Common Interest Development Act, requires the declaration of a common interest development recorded on or after January 1, 1986, to contain a legal description of the development and the restrictions on the use or enjoyment of any portion of the development. Existing law also provides that the covenants and restrictions in the declaration of a common interest development shall be enforceable equitable servitudes, unless unreasonable. This bill would prohibit the owner of a separate interest in a common interest development from being subject to a provision in a governing document, or a provision in an amendment to a governing document, that prohibits the rental or leasing of all or any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest. The bill would also authorize that owner to expressly consent to be subject to a governing document or amendment thereto with that specified prohibition. Existing law requires the owner of a separate interest, except as specified, to provide specified documents and information to a prospective purchaser as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor. This bill would, in addition, require the owner of a separate interest to provide a statement describing any provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, and its applicability, if there is such a provision. This bill would incorporate additional changes to Civil Code Section 1368 proposed by AB 771 that would become operative only if both this bill and AB 771 are chaptered and take effect on or before January 1, 2012, and this bill is chaptered last.