Existing law provides that any person who has been convicted of a violent felony who purchases, owns, or possesses body armor, as defined in the California Code of Regulations, except as authorized, is guilty of a felony, punishable by imprisonment in a state prison for 16 months or 2 or 3 years. However, the court, in People v. Saleem (102 Cal.Rptr.3d 652) , held that this provision is unconstitutionally vague in violation of due process. This bill would change the definition of "body armor" for purposes of this provision to mean any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor. By expanding the scope of an existing crime, this 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 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.
Sponsored bills
This measure would declare May 2010 as "Senior Volunteer Month" to honor the contributions of California's senior volunteers.
This measure would urge the Department of Justice to ensure compliance with a requirement that the department develop a standard format to be used statewide for purposes of reporting secondhand dealer transactions.
Existing law, as amended by Proposition 83, adopted November 7, 2006, allows for the imposition of a discretionary full, separate, and consecutive sentence term for each violation of specified sex crimes if the crimes involve the same victim on the same occasion. The initiative provides that any amendment of this provision by the Legislature shall require a 23 vote of the membership of each house unless the Legislature amends the provision to expand the scope of its application or to increase the punishments or penalties provided, in which case the Legislature may amend this provision by a statute passed by a majority vote of each house. This bill would permit the imposition of a discretionary full, separate, and consecutive sentence term for each violation of those specified sex crimes without the requirement that the crimes involve the same victim on the same occasion.
This measure would proclaim the month of May, each year, as Perinatal Depression Awareness Month in California, and would request the State Department of Health Care Services, the State Department of Public Health, the State Department of Mental Health, First 5 California, the American College of Obstetricians and Gynecologists, Postpartum Support International, and other stakeholders to work together to explore ways to improve women's access to mental health care at the state and local levels, to facilitate increased awareness and education about perinatal depression, clinically referred to as perinatal mood and anxiety disorders, to explore and encourage the use of prenatal screening tools, and to improve the availability of effective treatment and community support services.
This measure would proclaim the week of April 23 to April 30, 2010, inclusive, as Black April Memorial Week, a special time for Californians to remember the countless lives lost during the Vietnam War era, and to hope for a more humane and just life for the people of Vietnam.
Existing law sets forth the general policy that the workweek of a state employee shall be 40 hours and authorizes workweeks of different hours to be established in order to meet varying needs of different state agencies. Existing law also authorizes the Governor to require that the 40-hour workweek be worked in 4 days in any state agency or part thereof when the Governor determines that the best interests of the state would be served thereby. Existing law vests the Department of Personnel Administration with the duties and responsibilities exercised by the State Personnel Board with respect to the administration of salaries, hours, and other personnel-related matters. This bill would exempt employees in positions funded at least 95% by sources other than the General Fund, employees of the Franchise Tax Board, and employees of the State Board of Equalization from furloughs implemented by any state agency, board, or commission. The bill would also prohibit a state agency, board, or commission from directly or indirectly implementing, or assisting in implementing, a furlough of those employees. The bill would define "employee" for the purpose of those provisions and would also specify that nothing in those provisions shall be construed as legal authorization for the imposition of furloughs on employees through an Executive order. The bill would also make related findings and declarations in support of this measure. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides for the judicial review of a lead agency's decision to certify an EIR. The bill would enact the CEQA Litigation Protection Pilot Program of 2010 and would require the Business, Transportation and Housing Agency to select projects that meet specified requirements from specified regions for each calendar years between 2010 and 2014. The bill would exempt from judicial review, pursuant to CEQA, a lead agency's decision to certify the EIR of, or to adopt a mitigated negative declaration based on an initial study for, the selected projects, a lead agency's and responsible agency's approval of the selected project, and the Business, Transportation and Housing Agency's selection of the projects. The bill would require the Business, Transportation and Housing Agency, by December 31 of each year, to submit an annual report to the Governor and to the Legislature summarizing the designation of projects, and the job creation and investment attributable to the designated projects. The bill would repeal the pilot program as of January 1, 2016. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as an urgency statute.
The Personal Income Tax Law, in modified conformity to federal income tax laws, requires a borrower to include in his or her income, with certain exceptions, the amount of debt canceled or discharged, as specified. The Personal Income Tax Law conforms to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from a taxpayer's income if that debt is discharged after January 1, 2007, and before January 1, 2009, as provided. This bill would, in additional conformity to federal income tax laws, extend the operation of those provisions to debt that is discharged after January 1, 2007, and before January 1, 2013, and would modify the amount excluded from gross income. This bill would also provide conformity to specified provisions of the federal Emergency Economic Stabilization Act of 2008 relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from a taxpayer's income if that debt is discharged on or after January 1, 2009, and before January 1, 2013. This bill would make legislative findings and declarations regarding the public purpose served by the bill. This bill would take effect immediately as a tax levy. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.