Existing law defines a hate crime as a criminal act committed, in whole or in part, because of the victim's disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Existing law also defines as a hate crime a criminal act committed because of the victim's association with a person or group with one or more of these actual or perceived characteristics. Existing law defines association for these purposes as including advocacy for or identification with people who have one or more of these actual or perceived characteristics, or as being on the ground owned or rented by, or adjacent to, a community center, educational facility, office, meeting hall, place of worship, private institution, public agency, or library that is identified with people who have these actual or perceived characteristics. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request. This bill would revise the definition of association for these purposes and would include representation, defense, or support of a person or group that has one or more of the above specified characteristics, whether by an individual or a public or private entity. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies are required to report to the Department of Justice, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Sponsored bills
Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or other consumption of, meals and food products that are furnished or served by any nonprofit veteran's organization for purposes of fundraising, as specified. This bill, on and after April 1, 2017, and before January 1, 2023, would exempt from these taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, building materials and supplies purchased by a qualified person for use by that qualified person in the construction of specified military and veteran medical facilities. The bill would make a legislative finding and declaration that the retroactive application of the bill serves a public purpose and does not constitute a gift of public funds. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse cities and counties for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill.
Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property. Existing law creates the State Highway Account in the State Transportation Fund, and requires all money appropriated, contributed, or made available from any source for expenditure on work within the powers and duties of the department, including sources other than state appropriations, to be transferred to or deposited in the account. Existing law provides that all money deposited in the account by local agencies or by others is continuously appropriated to the department and is available for expenditure by the department for the purposes for which the money was made available. This bill would authorize the department to establish a fee schedule and to charge a fee relative to transportation project delivery services requested by a local agency or other entity, as specified, including job mix formula verifications, material plant quality program inspections, and laboratory accreditations. The bill would authorize the department to adopt regulations to, among other things, specify the terms and conditions for performing these tasks and would require that the department's total estimated revenue from the fee schedule not exceed the department's estimated total cost for providing these services. The bill would require that the funds collected pursuant to these provisions be deposited in the State Highway Account in the State Transportation Fund. Because these funds would be continuously appropriated to the department, the bill would thereby make an appropriation.
Existing law defines who is a peace officer and specifies the powers of peace officers. Existing law specifies that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order, as specified. Existing law provides that a custodial officer does not have the right to carry or possess firearms in the performance of his or her prescribed duties. Existing law also describes the powers and duties of custodial officers. This bill would limit the scope of the prohibition against carrying or possessing firearms by authorizing a custodial officer to use a firearm that is a less lethal weapon, as defined, in the performance of his or her official duties, at the discretion of the employing sheriff or chief of police, as applicable, or his or her designee. The bill would require that a custodial officer who uses a less lethal weapon be trained in its use and comply with the policy on the use of less lethal weapons as set forth by the sheriff. The bill would also make technical, nonsubstantive changes to the provisions relating to custodial officers.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. Existing law authorizes the governing board of a community college district to provide a counseling program. This bill would require the Chancellor's Office of the California Community Colleges to ensure that each of its campuses provides a dedicated on-campus Veteran Resource Center that offers services to help student veterans transition successfully from military life to educational success through the core components of academics, wellness, and camaraderie and would require those Veteran Resource Centers, at a minimum, to be open for 25 hours a week, be staffed by veterans whenever possible, be 400 square feet and fully accessible, and provide enrolled student veterans with specified services, except as provided. By imposing additional duties on community college districts, the 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.
This measure would honor and recognize the service and sacrifice made by members of the Armed Forces and their families on the occasion of Armed Forces Day on May 20, 2017.
Existing law establishes the California Community Colleges Economic and Workforce Development Program. Existing law provides for the awarding of grants for this program, and provides that this program shall only be implemented during fiscal years for which funds are appropriated for these purposes. Existing law repeals the program on January 1, 2018. This bill would make the repeal date for the program January 1, 2023, thereby extending the operation of the program until that date.
Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions. This bill would provide that it is unlawful for a person who is employed by or who independently contracts with an entity that arranges for deposition officers to report or transcribe deposition testimony to offer, pursuant to any agreement or understanding, oral or otherwise, any gift, incentive, reward, or anything of value to any person or entity, as defined, associated with a proceeding being reported or transcribed. The bill would also provide that a violation of this provision is punishable by a civil fine not to exceed $5,000 for each violation, and would authorize the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.