Under existing law, a person who drives a vehicle upon a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, which is punishable, upon conviction, by imprisonment in the county jail, payment of a fine, or both the imprisonment and fine, as specified. Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner's expense for not less than one day nor more than 30 days. Under existing law, when a peace officer determines that a person was engaged in reckless driving or a speed contest, the peace officer may immediately arrest and take the person into custody, cause the removal and seizure of the vehicle used in the offense, as prescribed. Existing law requires the vehicle to be impounded for not more than 30 days. This bill would, with respect to a conviction for reckless driving, or a conviction for engaging in a speed contest, when the person convicted is the registered owner of the vehicle, provide that if it is the first offense the vehicle may be impounded for 30 days, and if it is the 2nd or subsequent offense the vehicle shall be impounded for 30 days, at the registered owner's expense. The bill would allow the impoundment period to be reduced by the number of days, if any, that the vehicle was previously impounded, and would authorize the court to decline to impound the vehicle if it would cause undue hardship for the defendant's family, as specified. The bill would authorize the release of the vehicle to the legal owner before the 30th day of impoundment, if specified conditions are met. This bill would, for speed contests, authorize an officer to issue a notice to correct for violation of a mechanical or safety requirement and require correction to be made within 30 days after the date upon which the vehicle was released from impound. The bill would require the violation to be dismissed upon correction, as specified. By imposing new requirements on local agencies responsible for vehicle impoundment, the bill would create 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.
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(1) Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agency's jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision. This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole. (2) Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. Under existing law, this information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. This bill would require the county to provide the department, upon request, with all records of supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (3) Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmate's suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmate's minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration. This bill would require the panel or board, sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination. (4) Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate. This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of his or her release for a third time. The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (5) Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to 10 consecutive day period of flash incarceration. This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (6) This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 335 to be operative only if this bill and AB 335 are enacted and this bill is enacted last. (7) This bill would incorporate additional changes to Section 3041 of the Penal Code proposed by AB 1448 to be operative only if this bill and AB 1448 are enacted and this bill is enacted last. (8) 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 January 26, 2018, as India Republic Day, and would urge all Californians to join in celebrating India Republic Day.
(1) In counties where the Secretary of State has determined that it is appropriate, existing law requires each precinct board to post, in a conspicuous location in the polling place, at least one facsimile copy of the ballot with the ballot measures and ballot instructions printed in Spanish. Existing law requires that facsimile ballots be printed in other languages and posted in the same manner if a significant and substantial need is found by the Secretary of State. This bill, the California Voting for All Act, would instead require the county elections official to post one facsimile copy of the ballot that is printed in Spanish or other applicable languages, as determined by the Secretary of State, and to provide at least one facsimile copy of the ballot for voters at the polling place to use as a reference when casting a private ballot. If the Secretary of State determines that the number of voting-age residents in a precinct who are members of a single language minority and who lack sufficient skills in English to vote without assistance exceeds 20% of the voting-age residents in that precinct, the bill would require the county elections official to post one facsimile copy of the ballot, as described above, and to provide at least 3 facsimile copies of the ballot for voters at the polling place to use as a reference when casting a private ballot. The bill would require, in polling places where facsimile copies of the ballot are necessary, precinct board members to be trained on the purpose and proper handling of facsimile copies of ballots. The bill would also provide that a county elections official is not required to provide facsimile copies of the ballot in a particular language if the county elections official is required to provide translated ballots in that language under other provisions of law, as specified. The bill would authorize a vote by mail voter to request that a facsimile copy of a ballot be sent by regular mail or electronic mail in the language of his or her preference, as specified. The bill would require a county elections official to prepare the requested facsimile copies no later than 10 days before election day and to process any requests for facsimile copies, as specified. By imposing new duties on county elections officials, the bill would create a state-mandated local program. (2) Existing law, the California Voter's Choice Act, authorizes 14 specified counties, on or after January 1, 2018, and on or after January 1, 2020, any county except for the County of Los Angeles, to conduct any election as an all-mailed ballot election if certain conditions are satisfied. On or after January 1, 2020, the act authorizes the County of Los Angeles to conduct any election as a vote center election if certain conditions are satisfied, including conditions related to ballot dropoff locations and vote centers. This bill would apply certain requirements relating to the availability and accessibility of non-English facsimile ballots and the public posting of voter information to the County of Los Angeles if it conducts a vote center election pursuant to the California Voter's Choice Act. For an all-mailed ballot election or vote center election conducted pursuant to the California Voter's Choice Act, the bill would require a county elections official to determine if a voter has previously identified a preferred language other than English, and would also require a county elections official to provide a facsimile copy of the ballot in the voter's language preference, as specified, if the county is providing facsimile copies of the ballot in that language. (3) Existing law states the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to non-English-speaking citizens voting without assistance. Existing law requires an elections official to make reasonable efforts to recruit election officials who are fluent in a non-English language and in English, if the official finds that non-English-speaking citizens approximate 3% or more of the voting-age residents of a precinct, or if interested citizens or organizations provide information that the elections official believes indicates a need for voting assistance for qualified non-English-speaking citizens. This bill would require county elections officials to report to the Secretary of State within 150 days following each statewide general election the number of individuals recruited to serve as members of precinct boards, including the number of those individuals recruited who are fluent in each language required to be represented at polling places. The bill would require, at each polling place, a precinct board member to identify the non-English languages spoken by him or her, other than English, by wearing a mechanism identifying the non-English languages spoken by that member. The bill would also make conforming changes to other provisions of law. (4) This bill would incorporate additional changes to Section 14200 of the Elections Code proposed by SB 286 to be operative only if this bill and SB 286 are enacted and this bill is enacted last. (5) 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 Political Reform Act of 1974 prohibits sending mass mailings at public expense. The act defines "mass mailing" as over 200 substantially similar pieces of mail not including form letters or other mail that is sent in response to an unsolicited request, letter, or other inquiry. An existing regulation adopted by the Fair Political Practices Commission prescribes criteria for mass mailings that are prohibited by the act and for mass mailings that are permissible under the act. This bill would codify this regulation. The bill would additionally prohibit a mass mailing from being sent within the 60 days preceding an election by or on behalf of a candidate whose name will appear on the ballot, except as specified. A willful violation of the act's provisions is punishable as a misdemeanor. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
(1) Existing law provides that parents of currently enrolled or former pupils have an absolute right to access any and all pupil records related to their children that are maintained by school districts or private schools. Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by specified state and federal law. Existing law authorizes foster family agencies with jurisdiction over currently enrolled or former pupils to access records of grades and transcripts, and any individualized education plans developed pursuant to specified law maintained by school districts or private schools of those pupils. This bill would add to the information that may be accessed records of attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any plan adopted pursuant to specified federal law, as provided, and would require that these records be the current or most recent records for the pupil. The bill would additionally authorize a short-term residential treatment program staff responsible for the education or case management of a pupil and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined, to access this information, and would provide that a caregiver may access this information regardless of whether the caregiver has been appointed as the pupil's educational rights holder pursuant to specified law. The bill would authorize a foster family agency, short-term residential treatment program, or caregiver to review and receive these pupil records for specified purposes. The bill would extend these provisions to include pupil records maintained by county offices of education, charter schools, and nonpublic schools, in addition to school districts and private schools. The bill would require a child's caregiver to be responsible for reviewing and receiving these pupil records for those same purposes. To the extent the bill would impose additional duties on school districts, county offices of education, and charter schools, it would impose a state-mandated local program. The bill would require, if direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupil's educational rights holder to notify the pupil's educational rights holder, and, in specified instances, the pupil's social worker, of any educational needs of the pupil that require the educational rights holder's consent or participation. If direct communication between a caregiver and an educational rights holder is inappropriate, the bill would require the pupil's social worker to direct the caregiver to communicate that information with the pupil's social worker or attorney instead of the educational rights holder. (2) Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine temporary and permanent placement of a dependent child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. Whenever a court orders a hearing to terminate parental rights to, or to establish legal guardianship of, a dependent child to be held, existing law requires the court to direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment and requires this assessment to include, among other things, a preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, as specified, and including an evaluation of the child's medical, developmental, scholastic, mental, and emotional status. Existing law further requires the status of every dependent child in foster care to be reviewed periodically as determined by the court but no less frequently than once every 6 months. This bill would require the above evaluation and review to include providing a copy of the complete health and education summary, as specified. The bill would make conforming changes. By increasing the duties on county staff, the bill would impose a state-mandated local program. Existing law requires, when a child is placed in foster care, the case plan to include a summary of the health and education information or records, including mental health information, of the child. This bill would authorize the case plan to also include the name and contact information of the person or persons currently holding the right to make educational decisions for the child, except as specified, and would make other conforming changes. Existing law makes various findings and declarations with regard to foster parents and caregivers, including that caregivers should have certain basic information, including among other things, a plan outlining the child's needs and services, including information on family and sibling visitation. This bill would provide that a caregiver should also have access to a copy of the health and education summary, as specified, and would provide that a caregiver should have knowledge of the importance of the caregiver's role in education, as specified. Existing law requires the State Department of Social Services to implement the resource family approval process in all counties and with all foster family agencies. Existing law requires counties to be responsible for various implementing tasks, including, among other things, ensuring a resource family applicant completes a minimum of 12 hours of caregiver training, including training on permanence, well-being, and education needs of children. This bill would require counties to ensure that the above training includes, among other things, training on the importance of the caregiver's role in education, as specified. By increasing duties on county staff, the bill would impose a state-mandated local program. (3) This bill would incorporate additional changes to Section 361 of the Welfare and Institutions Code proposed by AB 1332 to be operative only if this bill and AB 1332 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 366.21 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last. (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 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.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law establishes, among other funds related to telecommunications, the California Advanced Services Fund (CASF) in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, as provided in specified decisions of the commission and in the CASF statute. Existing law requires the commission to give priority to projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider. Existing law establishes that the goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households. Existing law authorizes the commission to collect a surcharge for deposit into the CASF not to exceed $315,000,000 in total and authorizes the surcharge until 2020. Existing law establishes 4 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Infrastructure and Revolving Loan Account, and the Broadband Public Housing Account, within the CASF and specifies the amount of moneys to be deposited into each account. This bill would revise the goal of the program to provide that its goal is to approve funding by December 31, 2022, for infrastructure projects that will provide broadband access to no less than 98% of California households in each consortia region, as identified by the commission on or before January 1, 2017. The bill would eliminate the Broadband Infrastructure and Revolving Loan Account and would require the transfer of the remaining unencumbered moneys in that account as of January 1, 2018, and the deposit of moneys collected that would be owed to that account into the Broadband Infrastructure Grant Account. The bill would establish within the CASF the Broadband Adoption Account and would require specified amounts of moneys to be deposited into this new account, the Broadband Infrastructure Grant Account, and the Rural and Urban Regional Broadband Consortia Grant Account. The bill repeals the current authorization to collect up to $315,000,000 for deposit in the CASF at a rate of up to $25,000,000 per year through the 2020 calendar year, and instead would authorize the commission to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. The bill would revise the eligibility requirements for projects and project applicants for grants funded from the Broadband Infrastructure Grant Account. The bill would make moneys from the Rural and Urban Regional Broadband Consortia Grant Account available to facilitate the deployment of broadband infrastructure by assisting infrastructure grant applicants in the project development or grant application process. The bill would require recipients of those moneys to conduct an annual audit and to submit to the commission an annual report regarding activities funded by those moneys. The bill would make available moneys in the Broadband Adoption Account to specified entities for digital literacy training, public education, and outreach programs to increase broadband adoption by consumers. Existing law requires the commission to conduct and report to the Legislature, by April 1, 2021, a final financial audit and a final performance audit of the CASF. This bill would require the commission to conduct and report to the Legislature, by April 1, 2020, an interim financial audit and an interim performance audit. The bill would delay the date for the submission of the final audits to April 1, 2023. Existing law requires the commission to annually report specified information relative to the CASF to the Legislature. Existing law repeals these reporting requirements on January 1, 2022. This bill would revise the information specified for inclusion in the report. The bill would repeal these reporting requirements on January 1, 2024. The bill would require the commission to identify unserved areas and delineate the areas in the annual reports. The bill would require the commission to consult regional consortia, stakeholders, and consumers regarding priority areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing the bill's requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime. 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 bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires property tax revenues of the County of Orange that are allocated by that county to a joint powers authority formed for the purpose of providing fire protection to be used by that authority for fire protection purposes, as defined. Existing law authorizes a local agency to transfer any portion of its property tax revenues that is allocable to one or more tax rate areas within the local agency to one or more other local agencies that have the same tax rate areas, as specified, subject to specified conditions, including that the transfer will not impair the ability of the transferring agency to provide existing services. This bill would additionally require, with regard to transfers of structural fire fund property tax revenues allocated by the County of Orange to a joint powers agency and required by existing law to be used to provide fire protection, that the transfer be approved by the county, a majority of member cities, and the agency currently receiving the funds. This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Fire Authority.
Existing law, the Child Care and Development Services Act, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law establishes eligibility requirements and requires families to meet at least one requirement in each of 2 specified areas, including the area relating to why the family has a need for the child care service. This bill would include in the area relating to need, as a requirement that may be satisfied for purposes of eligibility, that the family needs the child care services because the parents are engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
Existing law, the California Street Terrorism Enforcement and Prevention Act (act) , provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. There is established within the Department of Justice the CalGang Executive Board, which is responsible for the administration, policy, and sustainability of the CalGang system, a shared gang database of statewide gang-related information. The act defines a "shared gang database" as having various attributes, including, among others, that the database contains personal identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law establishes a review and appeal process for a person to challenge his or her inclusion in a gang database. This bill would revise the definition of "shared gang database" for its purposes to mean any gang database that is accessed by an agency or person outside of the agency that created the database. The bill would also define "gang database" for its purposes as any database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate. The bill would make the Department of Justice responsible for administering and overseeing any shared gang database in which California law enforcement agencies participate, and would provide that commencing January 1, 2018, the CalGang Executive Board would no longer administer or oversee the CalGang database. The bill would require the department to promulgate regulations governing the use, operation, and oversight of any shared gang database, including, among other things, establishing the requirements for entering and reviewing gang designations, the retention period for listed gangs, and the criteria for identifying gang members. The bill would require the department to establish the Gang Database Technical Advisory Committee with specified members to advise the department in promulgating regulations governing the use, operation, and oversight of shared gang databases, as specified. The bill would require the department to develop and implement standardized periodic training for all persons with access to the CalGang database. The bill would require the department, by January 1, 2020, to promulgate regulations to provide for periodic audits by law enforcement agencies and department staff to ensure the accuracy, reliability, and proper use of any shared gang database, and to report the results of those audits to the public. The bill would require the department, commencing February 15, 2018, to publish and post on the department's Internet Web site an annual report regarding specified information about the CalGang database and the periodic audits. The bill would impose a moratorium on the use of the CalGang database commencing January 1, 2018, until the Attorney General certifies that specified information has been purged from the CalGang database. The bill would recast, as a petition process, the review and appeal process that authorizes challenges to the inclusion in a shared gang database, and would make additional conforming changes.