(1) Existing law generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB) , and flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year. This bill would make it a felony, punishable by imprisonment in the county jail for 16 months, or 2 or 3 years, to possess Ketamine, flunitrazepam, or GHB, with the intent to commit sexual assault, as defined for these purposes to include, among other acts, rape, sodomy, and oral copulation. By creating a new crime, this bill would impose a state-mandated local program. (2) 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 allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council. Existing law authorizes 50 additional judges, upon appropriation by the Legislature, to be allocated to the various county superior courts, pursuant to uniform criteria approved by the Judicial Council. This bill would appropriate $5,000,000 from the General Fund for the purpose of funding 12 superior court judge positions in judgeships currently authorized by the Legislature. The bill would require the Judicial Council to determine which positions are funded, pursuant to that uniform criteria.
(1) Existing law makes it a misdemeanor to engage in disorderly conduct that delays or prevents a fire from being timely extinguished or to resist or interfere with the lawful efforts of a firefighter in the discharge of an official duty. Existing law makes it a misdemeanor to impede police officers, firefighters, emergency personnel, or military personnel in the performance of their duties in coping with an emergency. This bill would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system, as defined, in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law provides certain individuals with immunity from civil liability under specific circumstances, including, among others, limiting the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified. This bill would further limit the exposure to civil liability of an emergency responder, defined as an unpaid volunteer or private entity acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services, for damages to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. (3) The Government Claims Act sets forth the general procedure for the presentation of a claim as a prerequisite to the commencement of an action for money or damages against a "public entity" or a "public employee," and defines those terms for its purposes. The act prohibits liability against a public entity or public employee for, among other things, certain acts relating to the provision of fire protection and police and correctional activities, as specified. This bill would further limit the exposure to civil liability of a public entity or public employee for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. (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 no reimbursement is required by this act for a specified reason. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. This bill would establish the California Promise, which would require the trustees and the board of governors to establish a program that authorizes a campus of the California State University and the California Community Colleges to enter into a pledge with a student who satisfies specified criteria to support the student in obtaining an associate degree within 2 academic years, or a baccalaureate degree within 4 academic years, of freshman admission. The bill would prohibit systemwide tuition charged to a California State University student who participates in a California Promise program for an academic year from exceeding the amount of tuition charged to the student for the academic year of the student's freshman admission, and would prohibit tuition of a community college transfer student from exceeding a specified amount. By imposing new duties on community college districts, 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 these statutory provisions.
Existing law generally requires that felonies punishable by imprisonment in a county jail be punished either by the term described in the underlying offense or by a term of 16 months, or 2 or 3 years if the term is not specified. Existing law requires an executed sentence for these felonies to be punished in state prison if the defendant has a prior or current felony conviction for a serious or violent felony, is required to register as a sex offender, or is convicted of a crime for which the white collar crime enhancement is imposed as part of the sentence. Existing law authorizes a court, when sentencing a person to county jail for a felony, to commit the person to county jail for either the full term in custody, as specified, or to suspend the execution of a concluding portion of the term selected at the court's discretion. Under existing law, this period of suspended execution is supervised by the county probation officer and is known as mandatory supervision. This bill would require an executed sentence for a felony to be punished in state prison if the defendant committed the felony while he or she was under mandatory supervision.
Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including general acute care hospitals and surgical clinics. The Medical Board of California licenses and regulates physicians and surgeons, and the Osteopathic Medical Board of California licenses and regulates osteopathic physicians and surgeons. This bill would require, when a medical procedure is scheduled to be performed on a patient, the general acute care hospital, surgical clinic, and the attending physician, as applicable, to notify the patient, in writing, of the net costs to the patient for the medical procedure being done, as provided. For complex medical procedures or screenings involving multiple physicians, the general acute care hospital, surgical clinic, and attending physician, as applicable, would be required to disclose, in writing, if any of the physicians providing medical services to the patient are not contracted with the patient's health care service plan or health insurer and the costs for which the patient would be responsible as a result. The bill would provide that a violation of these provisions by a physician and surgeon or osteopathic physician and surgeon would constitute unprofessional conduct, as provided.
Existing law establishes within the Department of Consumer Affairs various boards that license and regulate the practice of various professions and vocations, including those relating to the healing arts. Existing law requires each healing arts licensing board to create and maintain a central file containing an individual historical record on each person who holds a license from that board. Existing law requires that the individual historical record contain any reported judgment or settlement requiring the licensee or the licensee's insurer to pay over $3,000 in damages for any claim that injury or death was proximately caused by the licensee's negligence, error or omission in practice, or rendering unauthorized professional service. Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, which is within the Department of Consumer Affairs. This bill would, notwithstanding the above provision, instead require the record to contain reported judgments or settlements with damages over $10,000 for persons licensed under the Pharmacy Act. Existing law requires an insurer providing professional liability insurance to a physician and surgeon, a governmental agency that self-insures a physician and surgeon or, if uninsured, a physician and surgeon himself or herself, to report to the respective licensing board information concerning settlements over $30,000, arbitration awards in any amount, and judgments in any amount in malpractice actions to the practitioner's licensing board. Existing law provides that information concerning professional liability settlements, judgments, and arbitration awards of over $10,000 in damages arising from death or personal injury must be reported to the respective licensing boards of specified healing arts practitioners including, among others, licensed professional clinical counselors, licensed dentists, and licensed veterinarians. Existing law provides that, for other specified healing arts practitioners including, among others, licensed educational psychologists, licensed nurses, and licensed pharmacists, information concerning professional liability settlements, judgments, and arbitration awards of over $3,000 in damages arising from death or personal injury shall be reported to their respective licensing boards. This bill would raise the minimum dollar amount triggering those reporting requirements from $3,000 to $10,000 for persons licensed under the Pharmacy Law.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. Existing law imposes requirements on audits of pharmacy services provided to beneficiaries of a health benefit plan, as specified. This bill would prohibit a pharmacy benefit manager, as defined, from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, as defined, except upon a showing of fraud or malfeasance. The bill would require any improper reimbursement made under those provisions during a specified 5-year period to be refunded to the pharmacist or pharmacy, as specified.
Existing law makes it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat and which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety. Under existing law, this crime is punishable by imprisonment in a county jail for no more than one year for a misdemeanor, or by imprisonment in state prison for a felony. This bill would make a person who, by any means, including, but not limited to, by means of an electronic act, willfully threatens unlawful violence to another person to occur upon the grounds of a school, as defined, with specific intent and under certain circumstances, and that threat creates a disruption at the school, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term. 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.
The Domestic Worker Bill of Rights prohibits a domestic work employee, as defined, who is a personal attendant, as defined, from being employed more than 9 hours in any workday or more than 45 hours in any workweek, unless the employee receives 1.5 times the employee's regular rate of pay for all hours worked over 9 hours in any workday and for all hours worked more than 45 hours in the workweek. Those provisions are repealed as of January 1, 2017. This bill would authorize a domestic work employee who is a live-in employee or who is required to be on duty for 24 or more consecutive hours to enter into a written agreement with the domestic work employer to exclude from hours worked a bona fide regularly scheduled sleeping period of not more than 8 hours for uninterrupted sleep, if specified conditions are met. If the sleeping period is interrupted by an emergency, only time spent working during the emergency would constitute hours worked. Absent a written agreement, the 8 hours available for sleep would constitute hours worked.