(1) Under existing law, a member of the San Francisco Bay Area Rapid Transit District Police Department is a peace officer if the primary duty of the peace officer is the enforcement of the law in or about the properties of the district. Existing law requires every law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers' responses to domestic violence calls that encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. Existing law defines "officer" for these purposes. This bill would include a member of the San Francisco Bay Area Rapid Transit District Police Department in the definition of "officer" for the purposes of these provisions. By increasing the duties of a local agency, this bill would impose a state-mandated local program. (2) Under existing law, a person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, is guilty of the crime of stalking. Existing law allows a judicial officer to issue an ex parte emergency protective order if a peace officer, as defined, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking, as provided. This bill would include a member of the San Francisco Bay Area Rapid Transit District Police Department in the definition of peace officer for the purposes of these provisions. (3) Existing law requires certain specified peace officers to take temporary custody of any firearm or other deadly weapon discovered at the scene of a domestic violence incident involving a threat to human life or physical assault or if the peace officer is serving a protective order. This bill would include a member of the San Francisco Bay Area Rapid Transit District Police Department among the peace officers to whom these provisions apply. By increasing the duties of local peace officers, this bill would impose a state-mandated local program. (4) Existing law authorizes the Sacramento Regional Transit District, the Fresno Area Express, and, until January 1, 2015, the San Francisco Bay Area Rapid Transit District, to issue a prohibition order to a person who has been cited on at least 3 separate occasions, within a period of 90 days, for specified infractions committed in or on a vehicle, bus stop, or train or light rail station of the transit district. This bill would authorize the San Francisco Bay Area Rapid Transit District to issue a prohibition order pursuant to the above provisions until January 1, 2018. This bill would incorporate additional changes in Section 18250 of the Penal Code, proposed by AB 1014, to be operative only if AB 1014 and this bill are enacted and become effective on or before January 1, 2015, 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 these statutory provisions.
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Existing law establishes a state correctional system and provides for the establishment of county jails. Existing law regulates certain aspects of medical care for inmates. This bill would prohibit sterilization for the purpose of birth control of an individual under the control of the Department of Corrections and Rehabilitation or a county correctional facility, as specified. The bill would also otherwise prohibit any means of sterilization of an inmate, except when required for the immediate preservation of life in an emergency medical situation or when medically necessary, as determined by contemporary standards of evidence-based medicine, to treat a diagnosed condition and certain requirements are satisfied, including that patient consent is obtained. If a sterilization procedure is performed pursuant to these exceptions, the bill would require psychological consultation and medical followup, as specified. The bill would require the department, if a sterilization procedure is performed on one or more individuals under its control, to annually publish on its Internet Web site data related to the number of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization. The bill would require each county jail or other institution of confinement, if a sterilization procedure is performed on one or more individuals under its control, to annually submit to the Board of State and Community Corrections data related to the number of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, and would require the board to annually publish that data on its Internet Web site. The bill would require the department and all county jails or other institutions of confinement to provide notification to all individuals under their custody, and to all employees who are involved in providing health care services, of their rights and responsibilities with regard to the sterilization of inmates. By imposing additional duties on local correctional facilities in connection with inmate medical care, 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 makes it a crime for a person who is not a peace officer to impersonate a peace officer. Specifically, existing law makes it a misdemeanor subject to punishment by up to 6 months imprisonment in a county jail, or a fine not exceeding $1,000, or by both that imprisonment and fine, for any person to willfully wear, exhibit, or use any badge, insignia, emblem, device, label, certificate, card, or writing that falsely purports to be authorized for use by a peace officer, as specified. This bill would provide that the fine for that offense shall not exceed $2,000. The bill would also require a local law enforcement agency in the jurisdiction that files charges against a person for a violation of these provisions to seize the item at issue.
Existing law defines the crime of aggravated arson, and makes a person guilty of that crime if the person has been previously convicted of arson on one or more occasions within the past 10 years, or if the fire caused damage to, or the destruction of 5 or more inhabited structures. Existing law, until January 1, 2014, made a person guilty of aggravated arson if the fire caused property damage and other losses in excess of $6,500,000, and specified the costs to be included in calculating property damages for purposes of that provision. This bill would reenact that provision until January 1, 2019, and would increase the requisite amount of property damage and other losses to $7,000,000. By expanding the scope of an existing crime, 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. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (EMSA) , which is responsible for the coordination and integration of all state agencies concerning emergency medical services. Under existing law, EMSA is required to establish training and standards, and promulgate regulations, for all prehospital emergency medical care personnel, as defined, regarding the characteristics and method of assessment and treatment of anaphylactic reactions and the use of epinephrine. Existing law also requires the EMSA to develop and adopt regulations for the training and scope of practice for emergency medical technician-I (EMT-I) certification, which includes, among other things, a specified course of training on the nature of sudden infant death syndrome. Existing law authorizes the medical director of a local EMS agency to approve or conduct any scientific or trial study of the efficacy of the prehospital emergency use of any drug, device, or treatment procedure within the local EMS system, utilizing any level of prehospital emergency medical care personnel, consistent with specified requirements. This bill would require the EMSA to develop and adopt training and standards, and promulgate regulations, for all prehospital emergency medical care personnel, as defined, regarding the use and administration of naloxone hydrochloride and other opioid antagonists. The bill would authorize the EMSA to adopt existing training and standards for prehospital emergency medical care personnel regarding the statewide use and administration of naloxone hydrochloride or another opioid antagonist to satisfy the requirements of the bill's provisions. The bill would also authorize the medical director of a local EMS agency, pursuant to the above-described provisions relating to a scientific or trial study, to approve or conduct a trial study of the use and administration of naloxone hydrochloride or other opioid antagonists by any level of prehospital emergency medical care personnel, and would authorize the training received by prehospital emergency medical care personnel specific to the use and administration of naloxone hydrochloride or other opioid antagonists during this trial study to be used towards satisfying the training requirements established by the EMSA pursuant to the bill's provisions. The bill would specify that both of those types of trainings satisfy specified requirements allowing for immunity from criminal and civil liability for administering an opioid antagonist. The bill would also require the EMSA to develop and adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification, on or before July 1, 2016. The bill would require these regulations to be substantially similar to certain regulations that authorize an EMT-I to receive training for naloxone hydrochloride administration without having to complete the entire emergency medical technician-II (EMT-II) certification course. (2) Existing law, the Uniform Controlled Substances Act, requires the Attorney General to encourage research on the misuse and abuse of controlled substances, and, in connection with that research, and in furtherance of the enforcement of the act, authorizes the Attorney General to undertake specific acts, including developing new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of the act. This bill would additionally permit the Attorney General, in connection with that research, and in furtherance of the enforcement of the act, to authorize hospitals and trauma centers to share information with local law enforcement agencies, the EMSA, and local emergency medical services agencies about controlled substances. The bill would limit the data that may be provided by hospitals and trauma centers to the number of overdoses and the substances suspected as the primary cause of the overdoses. The bill would require that the information shared be shared in a manner that ensures complete patient confidentiality.
Existing law makes it unlawful for a person to trespass by refusing or failing to leave land, real property, or a structure belonging to or lawfully occupied by another and not open to the general public, upon being asked to leave by a peace officer at the request of the owner, the owner's agent, or the person in lawful possession. Existing law requires that a separate request to the peace officer be made on each occasion, except that a single request for a peace officer's assistance may be made for a period not to exceed 6 months when the premises or property is closed to the public and posted as being closed. This bill would instead make the request for a peace officer's assistance valid for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The bill would require the requestor to inform the law enforcement agency to which the request was made when the assistance is no longer desired, before the expiration of that period. The bill would also provide that the request for assistance expires upon transfer of ownership of the property or upon a change in the person in lawful possession.
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 expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the amendment to the tribal-state gaming compact entered into between the State of California and the Viejas Band of Kumeyaay Indians, executed on August 12, 2014. The bill would provide that, in deference to tribal sovereignty, certain actions related to that amended compact are not projects for purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would urge President Barack Obama's administration to expedite visa processing for Iraq's minority groups and to lift the refugee quota cap for Iraqi Christians in order to streamline the process of accepting them into the United States as refugees, would urge the Congress of the United States to pass House Resolution 663, and would urge the United States Department of State to work with, among others, the Kurdistan Regional Government, the Iraqi central government, and neighboring countries to help secure safe havens for those claiming amnesty from Iraq. The measure would also declare that there is an urgent need to protect religious minorities from persecution from the Sunni Islamist terrorist group the Islamic State in Iraq and Syria (ISIS) as it expands its control over areas in northwestern Iraq.
Existing law defines human trafficking as the deprivation of the personal liberty of another person with the intent to effect a violation of certain specified sex crimes, to obtain forced labor or services, or to cause a minor to engage in a commercial sex act with the intent to effect a violation of certain specified sex crimes. Existing law requires, when more than one violation of certain specified provisions of law occurs in more than one jurisdictional territory, that jurisdiction for any of those offenses is in any jurisdiction where at least one of the offenses occurred if all district attorneys in counties with jurisdiction of the offenses agree to the venue. This bill would add human trafficking, pimping, and pandering to the specified offenses to which the above jurisdictional requirements apply. Existing law, when charges alleging multiple incidences of human trafficking that involve the same victim or victims in multiple territorial jurisdictions are filed in one county, requires the court to hold a hearing to consider whether the matter should proceed in the county of filing or whether one or more counts should be severed and to consider specified factors in making this decision, including the location and complexity of the likely evidence and where the majority of the offenses occurred. Existing law requires the district attorney in the filing county to present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. This bill would reorganize these provisions.
The State Civil Service Act requires that the employment procedures of the Department of Human Resources and of each state agency conform to the federal and state laws governing employment practices, including the use of employment forms, and establishes requirements relating to the development, use, collection, and review of employment and occupational licensing and registration forms. The State Civil Service Act makes a violation of those provisions an unlawful employment practice subject to the enforcement provisions of the California Fair Employment and Housing Act and certain enforcement provisions of the State Civil Service Act. This bill would require employment forms used by a state agency to require a person applying for employment to disclose whether the person has entered into an agreement with the state regarding any previous employment with the state and that agreement prohibits that person from seeking or accepting any subsequent employment with the state.