This measure would declare June 26, 2011, a Day in Support of Victims of Torture in California, and would urge the Office of Refugee Resettlement to direct torture treatment funding through the Torture Victims Relief Act of 1998 so as to reflect California's role as the nation's largest resettlement destination for torture survivors.
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions.
This measure would designate Monday, May 2, 2011, as California Peace Officers' Memorial Day and would urge all Californians to use that day to honor California peace officers.
This measure would declare September 2009 to be Adopt a Shelter Pet Month and would encourage pet adoption and raise awareness about overpopulation in animal shelters.
Existing law, subject to exceptions, provides that any person who reasonably believes that he or she has observed the commission of a murder, rape, or lewd and lascivious act committed by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, where the victim of any of these crimes is under 14 years of age, shall notify a peace officer. Violation of these provisions is a misdemeanor punishable by a fine not exceeding $1,500 or incarceration not exceeding 6 months in a county jail, or both the fine and incarceration. This bill would expand those provisions to apply when the victim of the offense observed is under 18 years of age, and would specify that this obligation to report crimes to a peace officer applies to sodomy, oral copulation, and sexual penetration, as specified, where those crimes are accomplished by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, and rape in concert. The bill would provide additional exceptions to the reporting requirement for domestic partners, for children under 12 years of age, and for victims of the offenses that are subject to reporting. The bill would provide that a violation of these reporting obligations may also be punished as an infraction by a fine of $250. By expanding the scope of an existing 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.
This measure would designate the week of May 2 to May 8, 2010, as Public Service Recognition Week, and encourage all Californians to recognize the crucial role of public employees in this state.
This measure would designate that January 18, 2010, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.
Existing law requires the Department of Corrections and Rehabilitation to release a prisoner on a specified period of parole after the expiration of a term of imprisonment. Under existing law, the department is authorized to return a parolee to prison if the Board of Parole Hearings determines that the parolee violated the terms of his or her parole, as specified. Under existing law the department is prohibited from returning a parolee to prison, placing a parole hold on the parolee, or reporting the parolee to the Board of Parole Hearings for a violation of parole, if the parolee has not committed a violent or serious felony, is not required to register as a sex offender, was not found guilty of a serious disciplinary offense while in prison, is not a validated member of a prison gang, and has been determined by using a validated risk assessment tool as not posing a high risk to refined, as specified. This bill would provide that a person shall not be granted nonrevocable parole, as described above, if he or she is required to register pursuant to the California Street Terrorism Enforcement and Prevention Act, is listed on the CalGang System, or has identified himself or herself as a gang member to a staff member of the Department of Corrections and Rehabilitation. The bill would provide that a person shall not be granted nonrevocable parole if the person was committed to prison for solicitation of murder, involuntary manslaughter, stalking, or domestic violence, possession of an explosive or destructive device, unlawfully causing a fire to an inhabited structure, cruelty against children, battery resulting in serious bodily injury, battery against a peace officer, evading a police officer, or if the person has a previous conviction for one of these crimes. The bill would also provide that a person shall not be granted nonrevocable parole if an objection to the person's parole, by a local law enforcement agency, has been sustained by either the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, as specified. This bill would require the department to inform a local law enforcement agency within 48 hours of determining that a prisoner is eligible to be released on nonrevocable parole in the local agency's jurisdiction, and to provide local law enforcement 10 business days to object to the person's release. This bill would require the Secretary of the Department of Corrections and Rehabilitation, or his or her designee, to review any objection and to not grant nonrevocable parole if the department concurs with the objection. If the department does not concur, the bill would require the Board of Parole Hearings to hold a public hearing in which the person's victims would be permitted to testify, and would require a 23 vote of the board to release the person on nonrevocable parole. This bill would require the department to provide certain information on its Internet Web site regarding inmates released to nonrevocable parole, as specified. This bill would require that parole information be accessible to law enforcement agencies through the California Law Enforcement Telecommunications System, as specified.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law requires that criminal background checks be conducted for prospective and existing IHSS providers. Under existing law, if an applicant or provider is rejected as a result of information in a criminal background report, the applicant or provider shall receive a copy of the report to review the information for accuracy and completeness. Existing law requires the applicant or provider to be advised of his or her right to submit a formal challenge, as specified, if the applicant or provider finds information in the report to be inaccurate or incomplete. This bill would revise the above provisions, including deleting the individual's right to formally challenge the information in the criminal record report, and to waive specified fees associated with obtain a copy of the report. This bill would specify that an individual's criminal offender record information search response shall not be made available to any other individual, and requiring a public authority or nonprofit consortium to provide thee information in such a manner as to protect the confidentiality and privacy of the individual that is the subject of the information. The bill would require the public authority or nonprofit consortium to retain a copy of each individual's criminal offender record search response, and record the dates that copies of the response were provided to the individual and the department. To the extent that these procedures would impose additional duties on counties administering the IHSS program, this bill would create a state-mandated local program. This bill, with respect to a person who seeks to become an IHSS provider and who is not listed on a registry, would permit 2 or more adjacent or contiguous counties, or public authorities or nonprofit consortia within those counties, to agree to designate one county, public authority, or nonprofit consortium to send fingerprints to the Department of Justice for a criminal background check, to receive responses from the Department of Justice, and to maintain common lists of persons eligible for employment, as prescribed. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes local authorities, by ordinance or resolution, to, among other things, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, and authorizes the California Coastal Commission to issue permits for, and to regulate, various types of developments within the coastal zone. This bill would provide that the City of Los Angeles is not required to obtain a permit or approval from the commission to establish an overnight parking restriction on public streets by nonresidents between the hours of 2 a.m. and 5:00 a.m. in the Venice coastal zone. The bill would also authorize the City of Los Angeles to establish a system of permits for purposes of exempting residents of the Venice coastal zone from the parking restrictions. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
