Sen. Susan Rubio

Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies. Existing law requires the disclosures to be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant's family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant's case if that disclosure is required for that preparation. This bill would require the court, in specified criminal cases involving sexually explicit material depicting an adult victim, to issue a protective order governing the disclosure of that material, with conditions sufficient to safeguard the victim's privacy, prevent unnecessary copying, transmission, or dissemination of the material, and ensure the defendant's right to a fair trial and a meaningful opportunity to participate in their own defense. This bill would, if the court issues that protective order, prohibit the parties from disclosing to any person copies of sexually explicit material depicting an adult victim, unless specifically permitted to do so by the protective order. The bill would authorize an attorney for any party to disclose or permit to be disclosed copies of sexually explicit material depicting an adult victim subject to the protective order, to a person necessary for the preparation of the case, including the defendant. The bill would, if a party receives any other sexually explicit material of the adult victim, require the party to notify the court for inclusion of the material in any existing protective order, or inclusion in a new or separate protective order. By increasing duties on local prosecutors, this bill would impose a state-mandated local program. This bill would clarify that these provisions do not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence nor affect the admissibility of any relevant evidence in court. 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 the statutory provisions noted above.

Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant's filing only under specified circumstances and permits the presiding judge to condition the filing upon the furnishing of security. Existing law defines a vexatious litigant for these purposes to include, among other things, a person who, after being restrained by a domestic violence restraining order, and while that order is still in place, commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order. Existing law authorizes a person protected by a restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order in an action that is determined to be meritless and caused the person protected by the order to be harassed or intimidated. Existing law authorizes a court to issue, after notice and a hearing, orders enjoining a party from engaging in specified behavior, including contacting, attacking, or threatening another party. This bill would, in any litigation pending in any court of this state, create a process for a victim of domestic violence, as defined, that is a party to the action to seek protection from abusive litigation by a person who abused them by requesting a prefiling order at any time until final judgment is entered in the litigation. The bill would require a court to grant a request for a prefiling order if the victim demonstrates, after notice and a hearing and by a preponderance of the evidence, that the party against whom the order is sought is a perpetrator, as defined, and that the litigation filed or the discovery requested by the perpetrator was frivolous or abusive. The bill would require a person subject to a prefiling order to obtain permission from the court to file any litigation or conduct discovery against the victim, as specified. The bill would also establish a process by which a party subject to a prefiling order may apply to have the order vacated. If a party subject to a prefiling order violates that order, the bill would make them subject to sanctions, attorney's fees, and costs, as specified. The bill would enumerate a number of rights of victims of domestic violence that may be enforced, but which do not create a cause of action against the state or local government entities. This bill would provide that the victim would not be charged filing fees for any filings related to seeking a prefiling order and that any party may file documents electronically without charge and that any party, attorney, support person, or witness may appear remotely in these hearings without charge. This bill would require the clerk of the court to provide the Judicial Council with a copy of any prefiling orders issued. The bill would require the Judicial Council to maintain records of all prefiling orders issued and, on or before January 1, 2028, to create and modify court forms to implement the bill, as specified.

Under existing law, a person is guilty of sexual exploitation of a child if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under 18 years of age engaged in an act of sexual conduct, as defined. Existing law makes a violation of this section punishable as a misdemeanor or a felony, as specified. This bill would, except as specified, make a person guilty of a misdemeanor or a felony if the person knowingly does any of the above-described actions, or downloads, streams, or accesses through electronic or digital media the above-described sexual conduct, knowing that the matter depicts a person under 18 years of age engaged in an act of sexual conduct. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of this act, existing law includes sexual exploitation, and defines sexual exploitation as, among other things, a person who depicts a child in, or who knowingly develops, duplicates, prints, downloads, streams, accesses through any electronic or digital media, or exchanges, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except as specified. This bill would broaden the above-described definition to include any digitally altered or artificial-intelligence-generated matter that depicts a person under 18 years of age engaged in an act of sexual conduct, as specified. 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 California Constitution authorizes the Legislature to exempt from taxation, in whole or in part, property that is used exclusively for religious, hospital, or charitable purposes, and is owned or held in trust by a nonprofit entity. Pursuant to that authority, existing law provides for a welfare exemption under which property used exclusively for an exempt purpose and owned and operated by specified entities, including foundations, limited liability companies, or corporations meeting certain statutory requirements is exempt from taxation. This bill would specify that for the purposes of the welfare exemption provisions above, "property used exclusively for religious, hospital, scientific, or charitable purposes" shall not include property, or any portion thereof, operated as a detention facility, as defined. The bill would declare that the above provision is declarative of, and not a change in, existing law.

Existing law declares that it is in the interest of the people and of the state to ensure that all people have free and convenient access to all library resources and services that might enrich their lives regardless of where they live or of the tax base of their local government. This bill would, beginning January 1, 2028, prohibit a public library from requiring the presence of a parent or guardian for the issuance of a library card to a California resident who is 16 or 17 years of age. The bill would authorize a public library to require a parent's or guardian's consent or signature for the issuance of a library card to a California resident who is 16 or 17 years of age unless the minor is emancipated. To the extent this bill would add to the duties of public libraries, 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, 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 the statutory provisions noted above.

Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the 5th amendment to the tribal-state gaming compact entered into between the State of California and the Picayune Rancheria of Chukchansi Indians of California, the tribal-state gaming compact between the State of California and the Fort Mojave Indian Tribe, and the first amendment to the tribal-state gaming compact entered into between the State of California and the Pechanga Band of Indians. The bill would provide that, in deference to tribal sovereignty, certain actions related to this amended compact are not projects for the purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits specified licensees, or their officers, directors, or agents, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. In this regard, existing law specifically prohibits paying a retailer for advertising. Existing law creates a variety of exceptions to this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, agent or assignee of the owner, or major tenant of certain venues, subject to specified conditions. Existing law requires the purchase of advertising space or time, in this context, to be conducted pursuant to a written contract. In this context, existing law makes certain acts of coercion crimes, including when an on-sale licensee coerces other specified licensees to purchase advertising space or time. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by applying it to various facilities that are located in the Counties of Los Angeles, San Bernardino, and San Diego, as specified. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would prohibit an on-sale licensee from soliciting a beer manufacturer, holder of a winegrower's license, a rectifier, a craft distiller, a distilled spirits manufacturer, or distilled spirits manufacturer's agent to enter into an agreement, as specified, that, among other things, includes a provision requiring, among other things, the prioritization of the sale or promotion of a specific alcoholic beverage product or brand. The bill would also prohibit a beer manufacturer, holder of a winegrower's license, a rectifier, a craft distiller, a distilled spirits manufacturer, or distilled spirits manufacturer's agent from entering into a contract or agreement, as specified, that requires the on-sale retail licensee to, among other things, prioritize the sale or promotion of a specific alcoholic beverage product or brand. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Los Angeles, San Bernardino, and San Diego. 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 various programs and services for older adults, as defined, including, among other things, the Adult Education Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction, and health promotion and preventative health services for older adults under the administration of the State Department of Public Health. This bill would authorize a local health department, area agency on aging, community college, public or private college, public or private university, or other appropriate county department, as determined by a county, to establish a Healthy Aging Community Partnership Program for older individuals designed to promote healthy aging, social engagement, and independent living in collaboration with relevant local entities, including school districts, libraries, faith institutions, and community organizations. The bill would authorize program activities to include, among other things, technology assistance, physical activity, and other community-based enrichment activities that support healthy aging and social connection. The bill would make implementation of these provisions subject to the availability of local resources and partnerships. The bill would specify that these provisions do not duplicate or supplant specified current adult education courses, classes, and services provided by the California Community Colleges, including through the Adult Education Program, as provided.

The California Voting Rights Act of 2001 (CVRA) prohibits a political subdivision from imposing or applying an at-large method of election for members of the political subdivision's governing body in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as specified. Existing law requires courts to implement appropriate remedies, including the imposition of district-based elections, for violations of the CVRA. This bill would revise the CVRA. The bill would prohibit a political subdivision or state agency from implementing, imposing, or enforcing any election policy or practice, as defined, that results in, or is likely to result in, voter suppression. An election policy or practice would result in voter suppression if it (1) causes a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process for members of a protected class, which is defined as any race, color, or language-minority group; or (2) based on the totality of circumstances, causes an impairment of the equal opportunity or ability of members of a protected class to participate in the political process. An election policy or practice would not violate the prohibition on voter suppression if the political subdivision or state agency demonstrates, by clear and convincing evidence, that the election policy or practice is necessary to significantly further a compelling and particularized governmental interest and there is no reasonable alternative that comparably furthers the governmental interest and results in a smaller disparity between members of a protected class and other members of the electorate. The bill would also prohibit a political subdivision from employing any method of election, as defined, that has the effect, or will likely have the effect, of diluting the vote of protected class members. Vote dilution would be established if there is an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice, as provided, and another method of election or a change to the existing method of election would likely mitigate the impairment. The bill sets forth various factors that courts could, and could not, consider when evaluating whether voter suppression or vote dilution exists within a political subdivision. The Attorney General, or any voter who is a member of a protected class and who resides in a political subdivision where a violation is alleged, would have standing to bring an action in a superior court of competent jurisdiction or any county in which the Attorney General has an office. The bill would require a potential plaintiff, before filing an action alleging voter suppression or vote dilution, to send a notice letter to the political subdivision identifying the potential violation and how the party's proposed remedy would address it. For allegations of voter suppression, the bill would permit the potential plaintiff to file an action if the political subdivision has not enacted a remedy within 45 days of receipt of the notice letter or if the political subdivision's remedy would not redress the alleged violation. For allegations that a political subdivision's method of election results in vote dilution, the bill would permit the potential plaintiff to file an action if the political subdivision has not, within 60 days, passed a resolution outlining its intention to make changes to its method of election or petitioned a court for authorization to implement a different, appropriate remedy. Notwithstanding the notice requirement, the bill would authorize a potential plaintiff to file an action against a political subdivision at any time if the action is for a preliminary injunction with respect to an election that will occur within 180 days, another party has already submitted a notice letter alleging a substantially similar violation arising out of the same set of facts and the required number of days have passed, or the prospect of obtaining relief would otherwise be futile. If the political subdivision provides some or all of the relief sought in a potential plaintiff's notice letter, the bill would authorize the potential plaintiff to recover their costs, which would be capped at an amount equal to the present value of $30,000 in 2016, subject to an annual inflation adjustment. The bill would prohibit any political subdivision from enacting or administering any covered practice without obtaining preapproval from the Attorney General, if the political subdivision, within the previous 10 years, has entered into a settlement agreement admitting liability for a violation of, or been found by a court to have violated, this bill, the federal Voting Rights Act of 1965, or any other state law concerning the right to vote for protected class members. Under the bill, covered practices would include new or modified methods of election, annexations and deannexations, or reductions in language assistance. The bill would authorize the Attorney General to grant preapproval to a political subdivision only if the covered practice will not diminish the equal opportunity or ability of members of the protected class to participate in the political process or elect candidates of choice and the covered practice is unlikely to violate the provisions of the bill. The bill would require any law, regulation, charter, ordinance, or other enactment of any political subdivision relating to voting to be construed liberally in favor of the right to vote. Existing law generally prohibits using a voting system unless it has been certified or conditionally approved by the Secretary of State before any election at which it is to be used. This bill would require the Secretary of State to examine and test a voting system and, if the Secretary of State determines that it meets the applicable requirements, certify or conditionally approve the system for use in an election conducted using a method of election adopted to remedy a violation of the CVRA, as provided. Existing law requires the adoption of new election district boundaries for a legislative body that is elected using district-based elections following each federal decennial census. This bill would require a districting body responsible for the adoption of new election district boundaries to comply with the requirements of this bill when adopting new boundaries following the decennial census. By increasing the duties of local elections officials, the bill would create 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 the statutory provisions noted above.

Existing law requires the State Board of Education, on or before January 31, 2024, to appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, as specified. Existing law requires the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2025, one or more screening instruments from the approved list to assess pupils for risk of reading difficulties, as specified, and commencing no later than the 2025–26 school year, requires those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency, as specified. This bill would, on or before July 31, 2027, require the state board to approve and the State Department of Education to post on its internet website criteria and guidance for selecting evidence-based, culturally, linguistically, and developmentally appropriate mathematics diagnostic assessments for pupils in kindergarten and grades 1 and 2 to assess pupils' mathematics knowledge and learning needs and identify pupils in need of additional support. The bill would require the department, on or before January 31, 2028, to (1) publish on its internet website a list of approved diagnostic assessments that meet the criteria, and (2) post on its internet website additional guidance to assist local educational agencies in selecting diagnostic assessments from the approved list, as provided. The bill would require the list to include diagnostic assessments that are developed for both English learners and non-English learners, as provided. The bill would require the state board and the department to solicit stakeholder input when developing the criteria, guidance, and list of diagnostic assessments pursuant to these provisions and to allow for public comment. The bill would authorize the department to periodically update the list of approved assessments. The bill would require the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2028, one or more diagnostic assessments from the published list of approved diagnostic assessments to assess pupils' mathematics knowledge and learning needs. The bill would authorize a local educational agency to satisfy this requirement by using a diagnostic assessment that is not on the published list if the governing board or body self-certifies that the assessment tool meets the above-described criteria. The bill, commencing no later than the 2028–29 school year, would require those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for mathematics knowledge using the diagnostic assessment or assessments adopted by the governing board or body of the local educational agency. The bill would require a local educational agency to provide parents or guardians of pupils eligible for assessment with information about the assessment and to make pupil results available to parents or guardians, as required by the state board, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department, by April 30, 2028, to curate and maintain on its internet website guidance and resources on evidence-based support, intervention, and instructional strategies aligned with the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve. 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 the statutory provisions noted above.