Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs. This bill would require the office, to the extent funds are available for this purpose and until January 1, 2022, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2020, to submit to the Legislature and the Governor's office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. The bill would also appropriate $2,600,000 from the General Fund to the office for this program.
Sponsored bills
The Planning and Zoning Law, among other things, authorizes the legislative body of any county or city to adopt ordinances to regulate land use. Existing law also establishes procedures by which city or county ordinances may be enacted or amended by initiative, including requiring that an ordinance proposed by the voters of the city or county be approved by a majority of the votes cast on the ordinance. This bill, in the case of an ordinance or an amendment of an ordinance that would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop, as defined, within a city, county, or city and county that is proposed by the voters of the city, county, or city and county in accordance with specified law, would require that the proposed ordinance or amendment of an ordinance receive 55% of the votes cast on the ordinance in order to become effective. The bill would exclude from this requirement the proposal and submission to the voters of an ordinance or amendment of an ordinance by the legislative body of the city, county, or city and county and the adoption or amendment of a city, county, or city and county charter, and would exclude ordinances that apply to or implement amendments to a city or county general plan pertaining to certain lands specified in that general plan. The bill would also exclude ordinances that apply primarily to lands located outside an established city urban restriction boundary or ordinances that revise or continue previously established city urban restriction boundaries. This bill would limit application of this requirement to a county or city and county that had a population of 750,000 or more, or a city located within such a county, as of January 1, 2017. The bill would require the county counsel for the county or city and county in which the proposed ordinance or amendment of an ordinance would apply, or the city attorney of the city in which the proposed ordinance or amendment of an ordinance would apply, to determine whether the proposed ordinance or amendment of an ordinance would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop within the city, county, or city and county. The bill would declare that it addresses a matter of statewide concern and would therefore apply to charter cities and charter counties. By requiring local officials to determine whether a proposed ordinance or amendment of an ordinance would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop within a city, county, or city and county, 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 the statutory provisions noted above.
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion. This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also revise the criteria for exclusion from the Internet Web site. Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense. This bill would require that information to include sentence enhancement data elements. Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders. This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator. This bill would allow a party to a confidential communication to record the communication for the purpose of obtaining evidence reasonably believed to relate to domestic violence, as specified, and the evidence so obtained would not be rendered inadmissible in a prosecution against the perpetrator for domestic violence. The bill would also authorize a victim of domestic violence who is seeking a domestic violence restraining order from a court to record specified communications made by the perpetrator for the exclusive purpose and use of providing the evidence to the court.
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.
This measure would express the Legislature's support for, and condemn any government-sanctioned persecution of, Falun Gong practitioners, as specified. The measure would urge the President and the Congress of the United States to condemn any government-sanctioned persecution of Falun Gong practitioners.
Existing law requires, in all cases in which a criminal defendant has been convicted of a crime involving domestic violence, as defined, or one of specified sex offenses, the court to consider issuing an order, valid for up to 10 years, restraining the defendant from any contact with the victim. Existing law states the intent of the Legislature in enacting that provision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. Under existing law, a willful and knowing violation of a protective order or stay-away court order, issued under specified conditions, including the above-described provision, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would require the court to consider issuing an order restraining a criminal defendant who has been convicted of a crime involving domestic violence from any contact with a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence. The bill would provide that the minor, under those circumstances, is a witness. The bill would make conforming changes relating to the stated intent of the Legislature. The bill would authorize a no-contact order issued for purposes of a minor witness to include, either at the time of sentencing or on subsequent application upon a showing of good cause at a noticed hearing, as specified, an order authorizing a family or juvenile court to make a subsequent order for safe and appropriate visitation with the defendant's child who is a minor witness. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would require an order restraining the defendant from any contact with the victim or a minor witness under the above-described provisions to have precedence in enforcement over a civil court order against the defendant, except for an emergency protective order, as specified. 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.
Under existing law, a murder perpetrated by specified means or under certain circumstances, including a killing that is willful, deliberate, and premeditated, is defined as murder of the first degree. All other kinds of murder are of the 2nd degree. Under existing law, a person convicted of first degree murder is subject to a punishment of death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Under existing law, the 2nd degree murder of a peace officer, as specified, is punishable by imprisonment in the state prison for a term of 25 years to life, and the 2nd degree murder of a peace officer, if specified facts are charged and found true, is punishable by imprisonment in the state prison for a term of life without the possibility of parole. This bill would state the findings and declarations of the Legislature that the unlawful killing of a peace officer, as defined, that is deliberate, willful, and premeditated is murder of the first degree for purposes of the gravity of the offense and the support of the survivors. The bill would identify these findings as declaratory of existing law.
Existing law, the Unclaimed Property Law, governs the disposition of unclaimed property, including the escheat of certain property to the state. Existing law requires the Controller, within one year of receiving unclaimed property, to cause a notice to be published in a newspaper of general circulation that the Controller determines is most likely to give notice to the owner of the property. Existing law requires that notice to have a specified title and to state that the owner of the property may obtain information regarding the property by inquiring with the Controller, as specified. This bill would instead authorize the Controller to cause notice to be published in a manner he or she determines to be reasonable. The bill would prohibit the Controller, in carrying out this duty, from using (1) money appropriated for the Controller's audit programs, (2) more than the amount appropriated by the Legislature for publishing this notice, (3) a photograph, or (4) an elected official's name.
Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses. Existing law specifies that the requirements for issuance of a license only apply to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. This bill would require a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, instead of for the period of a calendar year, or the remainder thereof. The bill would require the commission to include, among the costs required to be recovered by an adjustment of the fee amount, transition costs related to the new licensing period. The bill would require the Department of Fish and Wildlife to collect all relevant and appropriate information necessary to justify the amount of the sport fishing license fees, including information about enforcement costs. The bill would require the department to submit to the Legislature a written report on the implementation of the new licensing period that also includes the information collected to justify the amount of the fees for licenses issued for the new licensing period. The bill would delete the provision specifying that the license issuance requirements only apply to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. The provisions of this bill would be operative beginning January 1, 2020, until January 1, 2025, except for the change regarding the Automated License Data System, which would be operative on January 1, 2018.