Existing law requires persons convicted of specified sex offenses to register with local law enforcement agencies while residing, attending school, or working in the state. Willful failure to register, as required, is a crime. Existing law establishes 3 tiers of registration based on specified criteria, requiring registration for periods of at least 10 years, at least 20 years, and for life, respectively, for a conviction of specified sex offenses. Under existing law, a person convicted of willfully and lewdly committing any lewd or lascivious act upon a child under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, under circumstances that do not include the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is a tier 2 offender and is subject to registration for a minimum of 20 years. Under existing law, a person convicted of such an offense in 2 proceedings brought and tried separately or convicted of such an offense under circumstances that do include the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person is a tier 3 offender and is subject to registration for life. This bill would make any person convicted of any violation of willfully and lewdly committing any lewd or lascivious act upon a child under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, a tier 3 offender subject to lifetime registration.
Sponsored bills
The Personal Income Tax Law, in modified conformity with federal income tax law, excludes from the gross income of a beneficiary of, or contributor to, a qualified tuition program, which includes a Golden State Scholarshare College Savings Trust, distributions or earnings under that program, as specified. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would allow under that law a deduction against gross income in the amount equal to the monetary contribution made by a qualified taxpayer, as defined, to the California qualified tuition program established pursuant to the Golden State Scholarshare Trust Act not to exceed either $5,000 or $10,000, as provided. The bill would require, with exceptions, in the case of any distribution in excess of qualified higher education expenses, as defined, the aggregate amount of the deduction allowed that reduced the qualified taxpayer's gross income in any taxable year to be added to the gross income of the qualified taxpayer in the taxable year of the distribution, as provided. The bill would require the Scholarshare Investment Board to report to the Legislature, on an annual basis, specified data related to this deduction and Scholarshare accounts and would require the Franchise Tax Board to provide certain information to the Scholarshare Investment Board upon request. This bill would take effect immediately as a tax levy.
Existing law authorizes a school district or school, individually or jointly with another school district or school, to provide a comprehensive program in first aid or cardiopulmonary resuscitation (CPR) training, or both, to pupils and employees, as provided. Existing law states that the intent of the Legislature is to encourage school districts to establish individual programs for professional growth for teachers, as provided, and authorizes an individual program of professional growth to include a basic course in CPR. This bill would require a school district, county office of education, or charter school to offer a course in CPR for purposes of allowing school staff and teachers to participate in CPR training that includes certain instruction. This bill would describe a course in CPR as including, but not being limited to, an individual program of professional growth that includes a basic course in CPR that includes certain instruction. By requiring local educational agencies to offer a course in CPR, the bill would impose a state-mandated local program. If a school district or charter school elects to offer any interscholastic athletic program, existing law requires the school district or charter school to, among other things, acquire at least one automated external defibrillator (AED) for each school within the school district or the charter school, and ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at the athletic program's on-campus activities or events. If a school district or charter school elects to offer any interscholastic athletic program, this bill would require the school district or charter school to also require certain personnel with a valid certification of CPR training to be present at the athletic program's on-campus activities or events at all times. This bill would incorporate additional changes to Section 35179.6 of the Education Code proposed by AB 1595 to be operative only if this bill and AB 1595 are enacted and this bill is enacted last. 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.
The California Constitution grants many rights to persons, including the right to speak and write freely, as specified, and to be free from cruel and unusual punishment. Existing statutory law requires that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor, for specified purposes, 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, both under the contract for the performance of the work and in fact, 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 of the same nature as that involved in the work performed. This measure, "The Right to Earn a Living Act," would require determinations of whether a person is an employee or an independent contractor to be made using a specified multifactor test that differs from the test described above. The measure would also require that any law that limits the entry into or competition in a business or profession to be limited to those that are demonstrably necessary and narrowly tailored to fulfill legitimate public health, safety, or welfare objectives. The measure would also prohibit a law from preventing an employer from agreeing to an employee's request for a flexible work schedule, as specified.
This measure would recognize September 2020 as Sickle Cell Disease Awareness Month and encourage the Legislature to appropriate funds for research, treatment, and monitoring of sickle cell disease, and for related education and outreach.
This measure would urge specified state departments and the Attorney General to use their authority to ensure that health care service plans and health insurers subject to their authority comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.
The Cartwright Act makes every trust, subject to specified exemptions, unlawful, against public policy, and void and defines "trust" for purposes of the act as a combination of capital, skill, or acts by 2 or more persons, defined as corporations, firms, partnerships, and associations, for certain designated purposes. Under existing law, these purposes include creating or carrying out restrictions in trade or commerce or preventing competition in manufacturing, marketing, transportation, sale, or purchase of merchandise, produce, or any commodity. The Unfair Practices Act makes certain business practices unlawful, including unfair competition. Under existing law, unfair competition is defined to include an unlawful, unfair, or fraudulent business act or practice, unfair, deceptive, untrue, or misleading advertising, and any false representations to the public. This bill would provide that an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, is to be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value, as defined, from another company asserting patent infringement and if the nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer's product for any period of time, as specified. The bill would provide various exceptions to this prohibition, including, among others, if the agreement has directly generated procompetitive benefits and the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. The bill would make a violation of these provisions punishable by a civil penalty that is recoverable only in a civil action brought by the Attorney General, as specified. The bill would provide that a violator is liable for any other remedies available under the Cartwright Act, the Unfair Practices Act, or the unfair competition law. The bill would require a cause of action to enforce those provisions be commenced within 4 years after the course of action accrued. The bill would define various terms for these purposes.
This measure would proclaim September 29, 2019, as Gold Star Mothers' and Families' Day in California.
This measure would designate October 20, 2019, and each 20th day of October thereafter, as Leyte Landing Commemoration Day in recognition of the significance of the Leyte landing in liberating the Philippines from Japanese occupation and would also honor the significant contributions to California made by generations of Filipino Americans since that time.
Existing law defines "honorably retired" for purposes of certain exceptions to the law involving the carrying of firearms by a retired peace officer, as defined to include an officer who has qualified for and accepted a disability retirement. The existing Safety For All Act of 2016, approved as an initiative statute at the November 8, 2016, statewide general election, makes it a crime for a person, commencing July 1, 2017, to possess a large-capacity magazine. The existing act exempts from that prohibition the possession of a large-capacity magazine by honorably retired sworn peace officers. The existing act authorizes the Legislature to amend its provisions by statute approved by a 55% vote of each house if the amendments are consistent with, and further the intent of, the initiative statute. This bill would amend that act by redefining honorably retired to include a member of the University of California Police Department who has qualified for and accepted Duty Disability Income or an equivalent status pursuant to the University of California Retirement Plan.