Existing law defines the terms "serious felony" and "violent felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking within the definition of a violent felony and the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law. By expanding the scope of an enhancement, 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.
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Existing law prohibits the possession, transportation, importation, sale, manufacturing, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl. Existing law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law both manslaughter and murder are punishable as felonies. This bill would require a court to advise a person convicted of specified crimes, including, among others, selling, furnishing, transporting, or manufacturing certain controlled substances, that such conduct inflicts a grave health risk to those who ingest or are exposed to those substances, that it is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances, and that if someone dies as a result, the defendant can be charged with voluntary manslaughter or murder. The bill would require the advisement to be provided in writing and the fact that the advisement was given to be recorded on the record and recorded in the abstract of judgment.
(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Proposition 47 authorizes amendment of its provisions by a 23 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act. This bill would amend Proposition 47 by authorizing acts of shoplifting that occur on 2 or more separate occasions within a 12-month period, and the aggregated value of the merchandise taken exceeds $950, to be punished either by imprisonment in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Exiting law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary being punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. This bill would make burglary with regard to a railroad car or a cargo container punishable by imprisonment in a county jail for 2, 4, or 6 years. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (3) 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.
This measure would proclaim the month of March 2022 as Traumatic Brain Injury Awareness Month.
Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees. This bill would create the Allied Behavioral Health Board within the Department of Consumer Affairs, and would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the board. The bill would require the board to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The bill would require an applicant for a substance use disorder counselor license to have documented to a certifying organization that they have obtained a master's degree in alcohol and drug counseling or a related counseling master's degree, as specified, and to pass specified examinations, and would require the board to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of "Licensed Alcohol Drug Counselor" unless the person has applied for and obtained a license from the board, and would make a violation of that provision punishable by an administrative penalty not to exceed $1,000. The bill would require the board to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund. The bill would make its provisions operative upon the appropriation by the Legislature of funds allocated to the state from a specified settlement agreement, consistent with the requirements of the settlement agreement, and sufficient to implement this chapter.
This measure would recognize "Women Warriors" by proclaiming the week of March 14, 2022, to March 20, 2022, inclusive, as Women's Military History Week in California, recognize the hard-fought contributions of women to the military and freedom, and encourage Californians to honor the courageous sacrifices that women have made since the historic lifting of the ban on women in combat on January 24, 2013.
Existing law vests the Department of Transportation with possession and control of the state highway system and associated property, and requires the department to improve and maintain state highways. Under existing law, the department administers the Clean California Local Grant Program of 2021 to provide funding for grants to specified local entities for purposes of beautifying and cleaning up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces, and administers the Clean California State Beautification Program of 2021 to provide funding for purposes of beautifying and cleaning up state highways. This bill would authorize local governments to use funding received under those programs to clean up homeless encampments on or around highway rights-of-way, within one mile of the freeway or flood channels under and surrounding the highways. The bill would apply that provision only to appropriations made by the Legislature on or after January 1, 2023, for purposes of those programs.
Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded and operable firearm. Existing law makes it a crime punishable as either a misdemeanor or a felony to unlawfully be under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded and operable firearm. This bill would add oxycodone and fentanyl to the list of controlled substances in these provisions. By creating a new crime, the bill would impose a state-mandated local program. The bill would also make other technical changes. 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 Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law states the intent of the Legislature that moneys collected pursuant to the market-based compliance mechanism be appropriated to include certain priorities, including air toxic and criteria air pollutants from stationary and mobile sources. Existing Law establishes the Salton Sea Restoration Fund and requires the funds to be administered by the Director of Fish and Wildlife. Existing law requires the moneys deposited in the fund to be expended, upon appropriation by the Legislature, for various purposes relating to the restoration of the Salton Sea. This bill would include pollutants from the Salton Sea as air toxic and criteria air pollutants from stationary and mobile sources for purposes of the priorities established in the above-described statement of intent of the Legislature. The bill would require, if moneys are appropriated from the Greenhouse Gas Reduction Fund for the Salton Sea ecosystem as a priority, that those moneys be deposited into the Salton Sea Restoration Fund.
Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. Pursuant to this authority, the commission has established regulations requiring solar-ready buildings and for the installation of photovoltaic systems meeting certain minimum requirements for low-rise residential buildings built on or after January 1, 2020. Existing law provides that these regulations shall be enforced by the building department of every city, county, or city and county. This bill would, until January 1, 2030, suspend any existing regulation that requires a new single-family residential home to install a new photovoltaic system. This bill would provide that the building departments of every city, county, or city and county within the state are not required to enforce any existing regulation regarding the same. This bill would also, until January 1, 2030, prohibit the commission from adopting regulations for new single-family residential buildings requiring new photovoltaic systems that meet minimum qualification requirements, as described. This bill would render inoperative any regulation that imposes a requirement prohibited by these provisions. This bill would include related findings and declarations.