Existing law authorizes the establishment of county and local school attendance review boards, and authorizes a school district to refer a pupil to a school attendance review board or the probation department for, among other things, truancy. Existing law, under specified circumstances, authorizes a school attendance review board or probation officer to direct the county superintendent of schools to request a petition on behalf of the pupil in the juvenile court of the county. Existing law requires the governing board of a school district to adopt rules and regulations to require appropriate officers and employees of the school district to gather and transmit to the county superintendent of schools the number and types of referrals to school attendance review boards and of requests for petitions to the juvenile court. This bill would instead require the governing board of each school district that has established a local school attendance review board to adopt rules and regulations to require appropriate officers and employees of the school district to gather that information for the prior school year, and would expand the information required to be gathered to include, among other things, the number of pupils referred to a school attendance review board who improved their attendance and the number of pupils and parents or guardians referred to community services, as specified. The bill would require the information to be disaggregated by specified subgroups, including gender, ethnicity, and foster youth status. The bill would require the governing board of each school district to make available on its Internet Web site, if one is available, the contents of those school attendance review board reports no later than September 15 of every year. The bill would require the State Department of Education to maintain current Internet Web site links to the Internet Web sites of school attendance review board reports, and would require the governing board of each school district that posts school attendance review board reports to provide to the department current uniform resource locators for those Internet Web sites. The bill would make these provisions operative beginning June 1, 2015.
Sponsored bills
Under existing law, prosecution for specified felony sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, and acts of sexual penetration, that are alleged to have been committed when the victim was under 18 years of age, may be commenced at any time prior to the victim's 28th birthday. This bill would authorize prosecution of those crimes at any time prior to the victim's 40th birthday when the crime was committed on or after January 1, 2015, or for which the previous statute of limitations has not run as of January 1, 2015.
Existing law provides that a child may come within the jurisdiction of the juvenile court and become a dependent child of the court in certain cases, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. This bill would specifically make legislative findings and declarations, until January 1, 2017, that a minor is within the jurisdiction of the juvenile court and a dependent child of the court if the minor is a victim of human trafficking, and the parent or guardian failed or was unable to protect the child. Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate community care facilities, including foster family agencies and other facilities that provide foster care services for children. Existing law requires the department to develop, and an administrator of a group home facility to complete, a certification program that includes training in various areas. Existing law requires a foster family agency to provide, and a licensed foster parent to complete, prescribed preplacement training and additional annual training. Existing law requires a community college district with a foster care education program to make orientation and training available to a relative or nonrelative extended family member caregiver of a foster child, as specified. This bill would require the training for an administrator of a group home facility, licensed foster parent, or relative or nonrelative extended family member caregiver to include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to a sexually exploited and trafficked minor in out-of-home care. By expanding the duties of community college districts, 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, 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.
Existing law authorizes a peace officer to take a child into temporary custody under certain circumstances, including if he or she has reasonable cause for believing that the child is the victim of abuse or neglect. Under existing law, if the child is not released to his or her parent or guardian, the juvenile court is required to hold certain hearings to determine whether the child should be adjudged a dependent of the juvenile court, including a detention hearing, jurisdictional hearing, and disposition hearing. Under existing law, if an able and willing relative or nonrelative extended family member, as defined, is available and requests temporary placement of the child pending the detention hearing, the county welfare department is required to initiate an assessment of the relative's or nonrelative extended family member's suitability, as specified. This bill would expand this provision to apply to an able and willing relative or nonrelative extended family member who requests temporary placement of the child after the detention hearing and pending the dispositional hearing. By requiring the county welfare department to conduct these additional assessments, this bill would impose a state-mandated local program. Existing law requires that preferential consideration be given to a request by a relative of a child who has been adjudged a dependent of the juvenile court for placement of the child with the relative, as specified. Existing law requires the county social worker, in determining whether placement with a relative is appropriate, to consider certain factors, including the placement of siblings and half-siblings in the same home, if that placement is found to be in the best interest of each of the children. Existing law also requires that, in any case in which more than one appropriate relative requests preferential consideration, each relative be considered under those factors. This bill would require the county social worker, in determining whether placement with a relative is appropriate, to consider the placement of siblings and half-siblings in the same home, unless that placement would be contrary to the safety and well-being of any of the siblings. The bill would also state that these provisions do not limit the county social worker's ability to place a child in the home of an appropriate relative or a nonrelative extended family member pending the consideration of other relatives who have requested preferential consideration. 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.
Existing law provides that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in a county jail for a period of 3, 4, or 5 years. This bill instead would provide that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in a county jail for 2, 3, or 4 years. Existing law generally provides that the interest of any registered owner of a boat, airplane, or any vehicle, except as specified, that has been used to facilitate the manufacture of, or possession for sale or sale of, 14.25 grams or more of cocaine base or 28.5 grams or more of cocaine is subject to forfeiture, as specified. This bill would revise that provision to instead make property that has been used to facilitate the manufacture of, or possession for sale or sale of, 28.5 grams or more of cocaine base or cocaine subject to forfeiture. Existing law, except in unusual cases, prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale a substance containing 57 grams or more of a substance containing cocaine, 14.25 grams or more of cocaine base, or 57 grams or more of a substance containing at least 5 grams of cocaine base, and transporting or importing for sale, selling, or offering to sell cocaine base. This bill would delete those provisions and would instead prohibit, except in unusual cases, granting probation or suspending a sentence for persons convicted of possessing for sale or selling a substance containing 28.5 grams or more of cocaine base or 57 grams or more of a substance containing at least 5 grams of cocaine or cocaine base. By making additional persons eligible for probation, 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 no reimbursement is required by this act for a specified reason.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes, including the compact entered into between the State of California and the North Fork Rancheria Band of Mono Indians. Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund and the Indian Gaming Revenue Sharing Trust Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of gaming compacts and authorizes moneys in those funds to be used for certain purposes. This bill would create the Tribal Nation Grant Fund in the State Treasury, to be administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes, pursuant to the terms of tribal-state gaming compacts. This bill would authorize moneys in this fund, upon appropriation by the Legislature, to be used for discretionary distribution to nongaming tribes and limited gaming tribes for purposes related to effective self-governance, self-determined community, and economic development.
Existing law recognizes various state holidays. Existing law requires the Governor to proclaim annually the 4th Friday in September to be Native American Day. This bill would recognize the 4th Friday in September as a state holiday to be known as Native American Day.
Existing law regulates the sale of certain merchandise, including political items and sports memorabilia. This bill would prohibit the State of California from selling or displaying the Battle Flag of the Confederacy, or a similar image, or tangible personal property inscribed with those images, unless the image appears in a book, digital medium, or state museum that serves an educational or historical purpose.
Existing law makes it a misdemeanor for any person to possess nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or to knowingly and with the intent to do so be under the influence of nitrous oxide or any material containing nitrous oxide. This bill would make it a misdemeanor to dispense or distribute nitrous oxide to a person, if it is known or should have been known that the person is going to use the nitrous oxide in violation of the above provisions, and that person proximately causes great bodily injury or death to himself, herself, or another person, punishable by imprisonment in a county jail not to exceed 6 months, or by a fine not to exceed $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. The bill would require a person who dispenses or distributes nitrous oxide to record each transaction in a written or electronic document, as provided, and would require the person to make the document available for inspection, upon presentation of a duly authorized search warrant, during normal business hours to officers or employees of the California State Board of Pharmacy or other law enforcement agencies. The bill would require the purchaser to sign the document and provide a government-issued photo identification and residential address. The bill would also make it a misdemeanor to use, review, or disclose any information obtained from a person to whom nitrous oxide was distributed or dispensed, except as provided. By creating a new 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.
Existing law, the California Child Day Care Facilities Act, governs the licensing and operation of family day care homes and requires the State Department of Social Services to administer these provisions. Among other things, the act prohibits the smoking of tobacco in a private residence that is licensed as a family day care home during the hours of operation as a family day care home. A person who willfully or repeatedly violates a provision of the act is guilty of a misdemeanor. This bill would prohibit the smoking of tobacco in a private residence that is licensed as a family day care home without regard to whether the act occurs during the hours of operation of the home. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also make a conforming change. 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.