Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law provides various circumstances that constitute sodomy against an individual's will, including an act accomplished with an individual who is not the spouse of the perpetrator where the individual submits under the belief that the individual committing the act is the victim's spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would instead provide that these types of rape and sodomy occur where the person submits under the belief that the person committing the act is someone known to the victim other than the accused. By expanding the definition of a 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. This bill would declare that it is to take effect immediately as an urgency statute.
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Existing law generally regulates the operation of swap meets, flea markets, and open-air markets where personal property is exchanged, sold, or offered for sale or exchange. Existing law also regulates food vendors operating at swap meets. This bill would authorize, subject to exceptions and commencing January 1, 2016, a swap meet operator to permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted certain standards for the care and treatment of those animals during the time that the animals are present at the swap meet and transported to and from the swap meet. These provisions would not apply to the sale of a particular species of animal if a local jurisdiction has adopted a local ordinance prior to January 1, 2013, that applies specifically to the sale of that particular species of animal at swap meets. The bill would provide that a swap meet vendor who offers animals for sale at a swap meet in violation of the requirements of this bill would be guilty of an infraction punishable by a fine not to exceed $100 for the first violation, or for a 2nd or subsequent violation, a fine not to exceed $500. By creating new crimes, 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 measure would proclaim August 6, 2013, as National Night Out in California and would urge the people of California to observe and participate in National Night Out.
This measure would designate Monday, May 6, 2013, as California Peace Officers' Memorial Day, urge all Californians to use that day to honor California peace officers, and recognize specified California peace officers who were killed in defense of their communities.
This measure would designate the portion of Interstate 80 between Midway Road and the State Route 12 East interchange in the County of Solano as the Tuskegee Airmen Memorial Highway to honor the Tuskegee Airmen and the contributions they made during World War II. The measure would request the Department of Transportation to determine the cost for appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
Existing law establishes the Commission on Teacher Credentialing in state government and requires the commission to consist of 15 voting members. Existing law requires the appointment of 4 nonvoting ex officio members, one each by the Regents of the University of California, the Trustees of the California State University, the California Postsecondary Education Commission, and the Association of Independent California Colleges and Universities. This bill would authorize the Board of Governors of the California Community Colleges to appoint an alternate representative to serve as an ex officio member in the absence of the California Postsecondary Education Commission's representative.
Existing law establishes minimum requirements for the issuance of a preliminary multiple or single subject teaching credential by the Commission on Teacher Credentialing. Among other requirements, existing law requires satisfactory completion of a program of professional preparation accredited by the Committee on Accreditation, but specifies that the program shall not include more than one year, or the equivalent of 15 of a 5-year program, of professional preparation. This bill would instead provide that a program of professional preparation shall not include more than 2 years of full-time study of professional preparation. The bill would update cross-references and would make other technical, nonsubstantive changes.
Existing law establishes the California State University as a segment of the public postsecondary education system, establishes the Trustees of the California State University as the governing board of the university, and sets forth its membership, including, but not limited to, 2 student members who have at least junior year standing. This bill would, instead, require the board to include 2 student members who have at least sophomore year standing and would waive the tuition fee for a student member for the duration of his or her term of office. This bill would incorporate additional changes in Section 66602 of the Education Code, proposed by AB 447, to be operative only if AB 447 and this bill are chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.
Existing law provides that evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if specified conditions apply. Existing law provides that an official record of conviction certified under a specified statute is admissible under this hearsay exception to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record. This bill would provide that an electronically digitized copy, as defined, of an official record of conviction is also admissible under this hearsay exception for the same purposes as the official record.
Existing law generally prohibits the production, distribution, and production of any representation of information, data, or image, as specified, of any obscene matter that depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined. Violations of these provisions are crimes. This bill would provide that every person who is convicted of a violation of specified offenses relating to obscene matter involving minors, as specified, in which the violation is committed on, or via, a government-owned computer or via a government-owned computer network, or in which the production, transportation, or distribution of which involves the use, possession, or control of government-owned property shall, in addition to any imprisonment of fine imposed for the commission of the underlying offense, be punished by a fine not exceeding $2,000, unless the court determines that the defendant does not have the ability to pay. The bill would provide that revenue from any fines collected would be transferred for deposit into a county fund established for that purpose and allocated for sexual assault investigator training, public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking, and multidisciplinary teams involved in the prosecution of child abuse cases, as specified. Existing law allows for the release from all penalties and disabilities resulting from an offense for which the person was convicted if specified criteria are met. Existing law excludes certain sex offenses from these provisions. This bill would additionally exclude specified offenses relating to obscene matter involving minors from these provisions.