Sen. María Elena Durazo

Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. By requiring local agencies to amend use of force policies, 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, 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 prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements. Existing law, the Private Security Services Act, provides for the licensing and regulation of private security guards, private patrol operators, and armored contract carriers by the Bureau of Security and Investigative Services. This bill, until January 1, 2027, would authorize a person employed as a security officer who is registered pursuant to the Private Security Services Act, and whose employer is a registered private patrol operator, to be required to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during rest periods. The bill would require a security officer to be permitted to restart a rest period anew as soon as practicable if the officer's rest period is interrupted and would provide that a subsequent uninterrupted rest period satisfies the rest period obligation. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every 4 hours worked or major fraction thereof, the bill would require the officer to be paid one additional hour of pay at the employee's regular base hourly rate of compensation. The bill would require that certain conditions be satisfied before these provisions apply, and would specify these provisions do not apply to cases filed before January 1, 2021. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. This bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified. This bill would require a state prosecutor to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as defined. The bill would make the Attorney General the state prosecutor unless otherwise specified or named. The bill would authorize the state prosecutor to prepare a written report, and would require the state prosecutor to post any reports made on a public internet website. The bill would require, commencing July 1, 2023, the Attorney General to operate a Police Practices Division within the department to review, upon the request of a local law enforcement agency, the use of deadly force policies of that law enforcement agency and make recommendations, as specified. The bill would require the department to implement these provisions subject to an appropriation for this purpose.

Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires, until January 1, 2025, that a youth 15 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights. Existing law directs a court deciding the admissibility of statements made by a youth 15 years of age or younger during or after a custodial interrogation to consider the effects of failing to provide counsel before the custodial interrogation. Existing law directs the Governor to convene a panel of experts to examine the effects and outcomes of these provisions, including the appropriate age of youth to whom these provisions should apply. This bill would instead apply these provisions to a youth 17 years of age or younger, and would indefinitely extend the operation of these provisions. The bill would direct a court to consider any willful failure of a law enforcement officer to allow a youth 17 years of age or younger to speak with counsel before a custodial interrogation in determining the credibility of that law enforcement officer, and would eliminate the above-specified provisions requiring the Governor to convene a panel of experts.

Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding the state of emergency giving rise to the application of the bill's provisions, and whose most recent separation from active service was due to a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the state of emergency, as defined. The bill would also require an incumbent employer, within 15 days after the execution of a transfer document, to provide to the successor employer specified information pertaining to eligible employees and would require the successor employer to maintain and hire from a preferential hiring list for a specified time period. The bill would authorize an employee to enforce violations of these provisions by filing an action with the Division of Labor Standards and would authorize various remedies, including hiring and reinstatement rights and awarding of back pay.

Existing law establishes in each county a county department of agriculture under the control of a county agricultural commissioner. Existing law requires pesticide use reports be submitted to a county agricultural commissioner within 7 days after each use of a restricted material. Existing law requires a county agricultural commissioner to submit to the Director of Pesticide Regulation a copy of each pesticide use report received, and requires the director to summarize the contents of the reports quarterly as to the type of material and amounts. This bill would, beginning with the first quarter of 2021, require the Department of Pesticide Regulation to prepare and submit to specified Senate and Assembly committees and the Office of the Surgeon General quarterly reports containing information, as prescribed, regarding granular chlorpyrifos use, monitoring, and exposure during the quarter.

Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified. Existing law charges the Division of Occupational Safety and Health within the Department of Industrial Relations with enforcement of the act, subject to oversight by the Chief of the Division of Occupational Safety (chief) . Existing law makes a violation of the act a crime. Existing law defines "employment," for purposes of the act, to include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. This bill would delete the above-described exception for household domestic service, thereby making it subject to the act. The bill would provide, however, that "employment" does not include household domestic service that is publicly funded, as specified, unless it is subject to certain regulatory provisions. The bill would make coverage for household domestic service operative on January 1, 2022, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require the chief or a representative of the chief to convene an advisory committee and, within 6 months of convening, in consultation with the Commission on Health and Safety and Workers' Compensation, make findings and recommendations to the Occupational Safety and Health Standards Board for industry-specific regulations related to household domestic service. The bill would require the board to adopt industry-specific regulations pursuant to these provisions within a reasonable time and no later than January 1, 2022. Existing law authorizes the chief and all qualified and authorized division inspectors and investigators to have free access to any place of employment to make an investigation or inspection during regular working hours, and at other reasonable times when necessary, for the protection of safety and health. This bill would require the chief or their representative, when the workplace is a residential dwelling, to initiate telephone contact with the employer in response to an alleged violation received from a domestic service employee within a specified timeframe. The bill would require the chief or their representative to provide specified notice to the employer about the alleged violation and to investigate the violation in accordance with certain procedures. The bill would require the employer to provide specified information to the division regarding mitigation efforts to correct the violation and to provide copies of all correspondence received from the division to the domestic service employee or to post the correspondence, as specified. The bill would authorize the chief or their authorized representative, for complaints alleging serious illness or injury or death in household domestic service, to enter the premises with permission or with an inspection warrant without first initiating telephone contact, as specified. The bill would require investigations of complaints in household domestic service employment to be conducted in a manner that avoids any unwarranted invasion of personal privacy and to not contain any personal, financial, or medical information of residents residing in the residential dwelling that is not pertinent to the investigation of the complaint. 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 authorizes a tenant to terminate a tenancy and to be released from any rent payment obligation under the lease or rental obligation without penalty if the tenant provides to the landlord a notice to terminate the tenancy because the tenant or a household member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. Existing law requires the notice to terminate the tenancy to be in writing and that the tenant attach to the notice one of the following: (a) a copy of a temporary restraining order or protective order, (b) a report by a peace officer stating that the tenant or household member has filed a report, or (c) documentation from a qualified third party, as defined, indicating that the tenant or household member is seeking assistance for physical or mental injuries or abuse. This bill, among other things, would expand these provisions to authorize a tenant to terminate their tenancy without penalty because an immediate family member, as defined, was the victim of a crime, and would expand the list of eligible crimes to include, among others, a crime that caused bodily injury or death. The bill would additionally authorize a tenant to attach to the notice any form of documentation that reasonably verifies that the qualifying crime or act occurred. This bill would also require a tenant terminating a tenancy when the immediate family member that is the victim of a qualifying crime or act did not live in the same household as the tenant and the crime or act did not occur within 1,000 feet of the tenant's dwelling unit, to provide a written statement to the landlord, as specified. The bill would prohibit a landlord from keeping the tenant's security deposit or advance rent if the tenant exercises these rights, and would specify that a tenant who terminates a rental agreement pursuant to these provisions shall not be considered to have breached the lease or rental agreement. The bill would prohibit an owner or an owner's agent from refusing to rent a dwelling unit to an otherwise qualified tenant solely on the basis that the tenant has previously exercised the tenant's rights under these provisions.

Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. As part of the program, existing law authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. As a condition of receiving funds, existing law requires a program to develop and implement a foster youth services plan that includes, among other things, a description of how the local program will facilitate coordination with local postsecondary educational institutions to ensure foster youth pupils meet admission requirements and access programs that support their matriculation needs. This bill would require the plan to also describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12. Existing law requires the Superintendent, by July 1 of each even-numbered year, to report to the appropriate policy and fiscal committees of the Legislature and the Governor on the Foster Youth Services Coordinating Program. Existing law requires the report to include aggregate educational outcome data for each county in which there were at least 15 pupils in foster care who attended school in the county with information on, among other things, the number of participating foster youth pupils who successfully transition to postsecondary education. This bill would require the report to also include the number and percentage of pupils in foster care who successfully complete a Free Application for Federal Student Aid or California Dream Act Application while in grade 12.

Existing law requires the Director of State Planning and Research to establish the Integrated Climate Adaptation and Resiliency Program under the administration of the Office of Planning and Research to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change. Existing law requires the office, in coordination with appropriate entities, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. This bill would require the office, through the Integrated Climate Adaptation and Resiliency Program, to develop the California Climate Change Assessment, in coordination with the Natural Resources Agency, the State Energy Resources Conservation and Development Commission, and the Strategic Growth Council, and in consultation with partner public agencies designated by the office. The bill would require the office to complete the assessment no less frequently than every 5 years. The bill would require the assessment to provide an integrated suite of products that report the impacts and risks of climate change, based on the best available science, and identify potential solutions to inform legislative policy, as provided. The bill would require the products to include, among other things, downscaled climate projections that assess climate change impacts throughout the state, including at regional and local levels, for near-term, medium-term, and long-term timescales, and under varied emissions scenarios, as provided. The bill would require the office to engage with regional and local governments, tribes, vulnerable communities, businesses, and members of the public, as necessary, in determining the scope of the assessment and would require all final assessment products to be posted on or accessible through a state internet website. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for these purposes.