Existing law provides that the Supreme Court has appellate jurisdiction when a judgment of death has been pronounced. Existing law authorizes the Supreme Court to, before decision, transfer a cause from itself to a court of appeal, and review the decision of a court of appeal in any cause, except that this transfer authorization does not apply to appeals involving a judgment of death. This measure would amend the California Constitution to also authorize the Supreme Court to transfer a cause to a court of appeal when a judgment of death has been pronounced. The measure would require, if the Supreme Court transfers a cause concerning a judgment of death to a court of appeal, that the Supreme Court review the resulting decision of the court of appeal affirming or reversing that judgment. The measure would provide that if the Supreme Court concludes that the decision contains no error affecting the judgment, presents no need to secure uniformity of decision, and does not require resolution of an important question of law, the Supreme Court may summarily affirm the judgment of the court of appeal in an order published in the official reports. The measure would also require that, if the Supreme Court determines that summary affirmance is not appropriate, the Supreme Court is required to hold oral argument and issue a decision in writing with reasons stated, addressing all or part of the court of appeal's decision.
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Existing law provides that grand theft is committed when domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding $250. Existing law provides that grand theft is punishable in these cases by imprisonment in a county jail not exceeding one year or in the state prison. Existing law specifies how fines and forfeitures imposed and collected for crimes are to be distributed. This bill would require certain fines for a 2nd and 3rd felony conviction for theft of agricultural commodities or equipment, as defined, in addition to the punishment provided for grand theft or in any other provision of law. The bill would require those fines to be collected and distributed in accordance with certain provisions of law.
Under existing law, a sheriff, chief or director of corrections, or a chief of police is authorized to charge a fee in the amount of $3 for each inmate-initiated medical visit of an inmate confined in a county or city jail who has money in his or her personal account, as specified, and requires all moneys received pursuant to this provision to be transferred to the county or city general fund. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to charge a $5 fee for each inmate-initiated medical visit of an inmate, as specified, and provides that upon appropriation by the Legislature, the funds so received be expended to reimburse the department for direct provision of inmate health care services. This bill would, in the case of county jails, authorize a sheriff, chief or director of corrections, or chief of police or, in the case of state prisons, authorize the Secretary of the Department of Corrections and Rehabilitation to institute a schedule of fees and assess fees for discretionary services or a per diem fee for room and board, or both, and would define "discretionary services" to not include certain medical services or services otherwise required by the constitution, statute, or applicable case law. The bill would require a procedure for the appeal of those fees assessed. The bill would provide a process for the accrual and forgiveness of those fees, as specified. The bill would require that all moneys received pursuant to this bill be expended to reimburse the facilities for the provision of those services, upon approval by the governing board in the case of local facilities or upon appropriation by the Legislature in the case of state facilities.
Existing law establishes in the judicial branch of state government the California Habeas Corpus Resource Center and specifies the powers and duties of the center, including the authority to employ up to 34 attorneys who may be appointed by the Supreme Court to represent any person convicted and sentenced to death in this state who is without counsel and determined to be indigent, for the purpose of instituting and prosecuting postconviction actions, challenging the legality of the judgment or sentence, and preparing petitions for executive clemency. This bill would require the Supreme Court to develop necessary rules and procedures for initiating habeas corpus proceedings in the superior court, as specified.
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.
This measure would designate April 27, 2010, as Schoolbus Drivers' Day in California, in order to draw special public attention to schoolbus drivers for their continued and excellent services to pupils in California.
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.
The California Constitution authorizes each house of the Legislature to provide for the selection of committees necessary for the conduct of its business, including committees to ascertain facts and make recommendations to the Legislature on a subject within the scope of legislative control. Existing law generally makes various regulatory boards within the Department of Consumer Affairs inoperative and repealed on specified dates, and, until January 1, 2012, subjects those boards and other specified boards to review by the Joint Committee on Boards, Commissions, and Consumer Protection. This bill would enact the Jobs Protection Act. The bill would rename the Joint Committee on Boards, Commissions, and Consumer Protection as the Joint Committee on Boards, Commissions, and Consumer or Business Protection, and would create a new legislative procedure with regard to any bill, as defined, that may have a statewide economic impact affecting business. The bill would require the Assembly Committee on Rules and the Senate Committee on Rules to refer any bill that may have a statewide economic impact affecting business, as specified, to the joint committee for the preparation of an economic impact analysis and a hearing and approval. The bill would require the joint committee to move a bill estimated to generate a fiscal impact of $10,000 or more on small business, as defined, or $50,000 or more on any other business, to the suspense file of the joint committee for further consideration, subject to specified procedural requirements. The bill would also require the joint committee to make an annual report in that regard. The bill would make conforming changes to related provisions. 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.
The State Assistance for Fire Equipment Act authorizes the Secretary of Emergency Management to acquire specified firefighting apparatus and equipment for resale to a local agency, as defined, that provides fire suppression services or a fire company. Existing law also establishes the State Assistance for Fire Equipment Account, a continuously appropriated fund, for purposes of the act. Existing law requires the secretary to consult with a specified committee before adopting regulations implementing the act. This bill would annually appropriate $45,600,000 of revenue received by the state from the accessing of oil and gas reserves located beneath state coastal waters, generally known as the "T-Ridge Project," for firefighting purposes, including, but not limited to, the purchase of firefighting and rescue vehicles and equipment, vegetation management and defensible space projects, and specified training courses and materials, thereby making an appropriation. This bill would also require the secretary to consult with additional specified individuals involved in firefighting before adopting certain regulations. 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.
Under existing law, the State Department of Alcohol and Drug Programs licenses adult alcoholism or drug abuse recovery or treatment facilities. Existing law permits a license to be issued to programs that meet criteria that include the filing of an application and an approved fire clearance. Existing law allows the department to issue a license to a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee if the applicant meets specified requirements. This bill would require the department to provide a specified notice to a city or county planning agency if the approval of a license would result in the licensure of a facility that has the same owner or manager as an existing facility that is within 300 feet of, and is operated as an integral component of, the proposed facility. The bill would authorize the department to, among other things, impose specified health and safety requirements or deny licensure based upon overconcentration of facilities or conditions of local need. The bill would enact procedures permitting the city or county to file objections to approval of the license.