Under existing law, in any civil action that contains allegations of sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of a plaintiff's sexual conduct with someone other than the alleged perpetrator, is not admissible by the defendant in order to prove consent by the plaintiff or the absence of injury to the plaintiff. This bill would also make the specified types of evidence inadmissible in such civil actions when being used to attack the credibility of the plaintiff's testimony on consent or absence of injury. Under existing law, in any sexual battery civil action involving a minor and an adult who is in a position of authority, as specified, evidence of the plaintiff minor's sexual conduct with the defendant adult is not admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. Existing law authorizes evidence of the minor plaintiff's sexual conduct to be introduced only to attack the credibility of the plaintiff or to prove something other than consent by the plaintiff if, upon a hearing of the court out of the presence of the jury, the defendant proves that the probative value of that evidence outweighs the prejudice to the plaintiff, as specified. This bill would remove the requirement, in cases involving a minor and an adult who is in a position of authority, that prior to the introduction of specified types of evidence, a court hold a hearing out of the presence of the jury, where the defendant bears the burden to prove that the probative value of the evidence outweighs the prejudice. The introduction of evidence relating to the sexual conduct of the minor in such cases would be evaluated under procedures already in place under existing law.
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Existing law prohibits several forms of sexual battery, including, among others, the touching of an intimate part of another person, if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse. Existing law also defines sexual battery as causing another person, against that person's will while that person is unlawfully restrained by the accused or an accomplice, to touch an intimate part of either of those persons or a 3rd person for the purpose of sexual arousal, sexual gratification, or sexual abuse. Under existing law, sexual battery is punishable as a misdemeanor or a felony. This bill would make it a misdemeanor for a person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person's will, to masturbate or touch an intimate part of either of those persons or a 3rd person. 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.
The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. This bill would make a development that meets specified objective planning standards, including that, among other things, it is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use, a permitted use and would require a local agency to review an application for that development on an administrative, nondiscretionary basis. The bill would require a local agency, within 60 calendar days of receiving an application pursuant to these provisions, to approve or deny the application subject to specified requirements, including that, among other things, if the local agency determines that the development is in conflict with any of the above-described standards, the local agency is required to provide the development proponent written documentation of which standard or standards the development conflicts with, as specified. The bill would provide that a development eligible for approval pursuant to this process is not a "project" for purposes of CEQA, thereby expanding the exemption for ministerial approval of projects under CEQA. By increasing duties on local governments in reviewing and approving these developments, the bill would impose a state-mandated local program. The bill would authorize a development proponent to bring an action to enforce the bill's provisions, as specified, and would make its provisions enforceable by the Attorney General and provide the Attorney General an unconditional right to intervene to enforce the bill's provisions. The bill would define various terms for these purposes. 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. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The existing federal 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 prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements. Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief. Existing law authorizes a court to grant a preliminary injunction or temporary restraining order at any time prior to judgment, if the verified complaint or affidavits provide sufficient grounds to do so and the opposing party has been given notice. This bill would authorize a California Indian tribe, under certain conditions, to bring an action solely against licensed California card clubs and third-party proposition player services providers to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law, including tribal gaming rights under the constitutional provisions described above, and to request injunctive relief. The bill would require that any review of such a challenge be conducted de novo. The bill would prohibit a claim for money damages, penalties, or attorney's fees and would require that actions be filed no later than April 1, 2025, as specified. The bill would clarify that it does not intend to authorize an action, or otherwise impose any liability, against the state and would prohibit a court from issuing a preliminary injunction or temporary restraining order under certain circumstances. This bill would provide that its provisions are severable.
Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including short-term residential therapeutic programs, by the State Department of Social Services. The act defines a short-term residential therapeutic program as a residential facility licensed by the department and operated by any public agency or private organization that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed. Existing law requires specified facilities, including community care facilities, to conduct a clinical and quality review for each episode of the use of seclusion or behavioral restraints, as defined. Existing law requires the facility to conduct a debriefing regarding the incident with the person, and other specified individuals upon the person's request, to discuss how to avoid a similar incident in the future. Under existing law, the person's participation in the debriefing is voluntary. This bill, The Accountability in Children's Treatment Act, would require, in the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, the facility to notify any foster child who has been subject to seclusion or behavioral restraints of their personal rights by no later than the day following the incident and to provide, within 7 days, a description of the incident, in both oral and written forms, to the person subject to the seclusion or behavioral restraints and, as applicable, to the person's parent, foster parent, guardian, Indian custodian, or other authorized representative, and attorney, if any, and for Indian children, the tribal representative. The bill would require that the description contain certain information, including the actions taken during the incident and its duration, the rationale for the actions, and the personnel approving and implementing the actions. The bill would require the facility to provide a copy of the written description to the department, also within 7 days. The bill would require the department to review all reported incidents involving the use of seclusion or behavioral restraints and to investigate any incidents that indicate a potential health and safety concern or licensing violation. As part of the assessment to determine if an investigation is required, the bill would require the department to determine whether the use of seclusion or behavioral restraints potentially violated any licensing laws and regulations or violated the licensee's approved emergency intervention plan. If the department determines that an incident should be investigated, the bill would require the department to provide the Office of the State Foster Care Ombudsperson with a copy of the incident report and require the ombudsperson to exercise their discretion in determining whether to investigate the incident, as specified. Existing law requires the Secretary of California Health and Human Services or their designee to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in specified facilities, including community care facilities, that utilize seclusion and behavioral restraints. Existing law requires that data collected include, among other information, the number of incidents, the duration of time spent per incident, and the number of serious injuries or deaths occurring while the person is in seclusion or subject to behavioral restraints. Existing law requires the secretary to develop a mechanism for making this information, as it becomes available, publicly available on the internet. Existing law requires the State Department of Social Services and other specified departments to annually provide information to the Legislature about the progress made in implementing the above-described provisions on data collection, clinical and quality review, and debriefing. This bill would require the State Department of Social Services, by January 1, 2026, to display, on its internet website, data that is specific to short-term residential therapeutic programs. The bill would require the dashboard to display the above-described data on seclusion or behavioral restraints as applicable to those programs, the above-described written descriptions of the incidents, and the numbers and types of licensing and administrative actions taken for the improper use of seclusion or behavioral restraints by the short-term residential therapeutic program or an associated individual for the improper use of seclusion or behavioral restraints. The bill would require the department to update the information biannually. Under the bill, this data would exclude any personally identifiable information, as specified, and the provisions of the bill would be implemented to the extent not in conflict with any applicable federal or state privacy laws.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law authorizes the Governor to certify projects meeting certain requirements as infrastructure projects and provides those certified projects with certain streamlining benefits, including requiring the lead agency to prepare the record of proceedings concurrently with the environmental review process and requiring the resolution of an action or proceeding challenging the certification of an EIR for certified projects or the granting of any project approvals, to the extent feasible, within 270 days of the filing of the record of proceedings with the court, as specified. Existing law requires the lead agency, within 10 days of the certification of an infrastructure project, to provide a public notice of the certification, as provided. If a lead agency fails to approve a project certified as an infrastructure project before January 1, 2033, existing law specifies that the certification is no longer valid. This bill would include the San Vicente Energy Storage Facility project proposed by the San Diego County Water Authority and a project for the repair, rehabilitation, or replacement of the South Bay Sewage Treatment Plant in the County of San Diego, operated by the International Boundary and Water Commission, as infrastructure projects, thereby providing the above-described streamlining benefits to those 2 projects. To the extent the bill would increase the duties of a lead agency regarding projects proposed by a third party, 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 make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.
Existing law requires the State Department of Health Care Services to perform various health functions, including providing breast and cervical cancer screening and treatment for low-income individuals. Existing law provides that an individual is eligible to receive treatment services if, among other things, the individual has a family income at or below 200% of the federal poverty level as determined by the provider performing the screening and diagnosis. This bill would provide that, commencing no later than July 1, 2026, an individual is eligible to receive treatment services if the individual has a family income at or below 250% of the federal poverty level as determined by the provider performing the screening and diagnosis.
(1) Existing law generally requires electronic poll books, ballot manufacturers and finishers, ballot on demand systems, voting systems, and remote accessible vote by mail systems to be approved by the Secretary of State before their use in an election. This bill would authorize the Secretary of State to impose additional conditions of approval for these purposes. (2) Existing law requires a ballot card manufacturer, ballot card finisher, or ballot on demand system vendor to notify the Secretary of State and affected local elections officials in writing within 2 business days after discovering any flaw or defect that could adversely affect the future casting or tallying of votes. This bill would instead require a ballot card manufacturer, ballot card finisher, or ballot on demand system vendor to provide that notice within 24 hours. (3) Under existing law, specified election materials, including voted ballots, are required to be kept by county elections officials for 22 months for elections involving a federal office or for 6 months for all other elections. Existing law authorizes an elections official to open sealed ballot containers if it is necessary in a shredding or recycling process. This bill would add paper cast vote records, voted conditional voter registration ballots, and conditional voter registration voter identification envelopes to the list of materials county elections officials are required to keep. The bill would also require county elections officials to keep certain electronic data for 22 months for elections involving a federal office or for 6 months for all other elections. By imposing additional duties on county elections officials, this bill would create a state-mandated local program. The bill would prohibit an elections official from opening sealed ballot containers unless it is necessary in a shredding or recycling process. (4) Under existing law, it is a felony punishable by imprisonment for 2 to 4 years to interfere or attempt to interfere with the secrecy of voting or ballot tally software program source code or to knowingly, and without authorization, possess a key to a voting machine that has been adopted and will be used. This bill would specify that, with respect to the secrecy of voting or ballot tally software program source code, the phrase "interferes or attempts to interfere with" includes knowingly, and without authorization, providing unauthorized access to, or breaking the chain of custody to, certified voting technology during the lifecycle of that certified voting technology, or any finished or unfinished ballot cards. The bill would also expand the crime of knowing and unauthorized possession of a key to a voting machine that has been adopted and will be used to include knowing and unauthorized possession of credentials, passwords, or access keys to a voting machine that has been adopted and will be used. By expanding the scope of an existing crime, this bill would create a state-mandated local program. The bill would authorize the destruction or secure disposal of certified voting technology at the end of lifecycle with the written approval of the Secretary of State and the manufacturer. The bill would also require specified actions to be taken for any part or component of certified voting technology for which the chain of custody has been compromised or for which security has been breached or attempted to be breached, including that the technology be removed from service immediately. (5) Existing law prohibits a voting system from being connected to the internet and from receiving or transmitting wireless communications or wireless data transfers. This bill would prohibit establishing a network connection to any device not directly used and necessary for voting system functions and would prohibit communication by or with any component of the voting system by wireless or modem transmission. The bill would require a voting system to be used in a configuration of parallel central election management systems separated by an air-gap, as defined. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The Equity in Higher Education Act, among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, in any program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. Existing law defines "sexual orientation" for purposes of the Equity in Higher Education Act. Existing federal law, known as Title IX of the Education Amendments of 1972, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Both the federal and state laws do not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. The Equity in Higher Education Act requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to designate an employee at each campus as a point of contact for the needs of lesbian, gay, bisexual, and transgender faculty, staff, and students. This bill instead would require the Trustees of the California State University and the governing board of each community college district to designate an employee at each campus as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students. The bill, among other things, would prohibit a designated employee from being considered a responsible employee, as that term is used for purposes of certain existing requirements regarding the reporting of, and campus response to, allegations of "sexual harassment," as defined for purposes of the Equity in Higher Education Act. The bill would request the University of California to comply with the provisions described in this paragraph. By imposing new duties on community college districts, the bill would impose a state-mandated local program. This bill would revise the definition of "sexual orientation" for purposes of the Equity in Higher Education Act, as specified. (2) Existing law requires an institution that has an exemption from either the Equity in Higher Education Act or Title IX to make specified disclosures to the institution's current and prospective students, faculty members, and employees, and to the Student Aid Commission, concerning the institution's basis for having the exemption, and requires the commission to collect the information it receives and to post and maintain a list on the commission's internet website of all institutions with the exemption and their respective bases for having the exemption. This bill would, beginning with the 2026–27 school year, require the commission to provide a written notice to students who receive state financial aid regarding, among other things, whether their postsecondary educational institution has an exemption from either the Equity in Higher Education Act or Title IX on file with the commission. (3) Existing law requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within these segments. This bill instead would require the Trustees of the California State University and the governing board of each community college district, and would request the University of California, to adopt and publish policies on harassment, intimidation, and bullying, and to include these policies within the rules and regulations governing student behavior within these segments. By imposing new duties on community college districts, the bill would impose a state-mandated local program. (4) 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, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene) , provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law provides for the regulation of individual, small employer, grandfathered small employer, and nongrandfathered small employer health care service plan contracts and health insurance policies, as defined. Existing federal law, the federal Employee Retirement Income Security Act of 1974 (ERISA) , authorizes multiple employer welfare arrangements (MEWAs) in which 2 or more employers join together to provide health care coverage for employees or to their beneficiaries. Under existing state law, the status of each distinct member of an association determines whether that member's association coverage is individual, small group, or large group health coverage. Existing law, until January 1, 2026, authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with ERISA if certain requirements are met, including that the association is the sponsor of a MEWA that has offered a large group health care service plan contract since January 1, 2012, in connection with an employee welfare benefit plan under ERISA, provides a specified level of coverage, and includes coverage for common law employees, and their dependents, who are employed by an association member in the biomedical industry with operations in California. Existing law also requires an association and MEWA to annually file evidence of ongoing compliance with these requirements in a manner specified by the departments. This bill would require the departments, on or before June 30, 2026, to provide the health policy committees of the Legislature the most recent annual filings of compliance. The bill would require the Department of Managed Health Care to conduct an analysis of the impacts on the small employer health insurance market in California of health care service plans currently issuing large group contracts to small employers through MEWAs, as specified. The bill would require the Department of Insurance to conduct an analysis of the impacts on the small employer health insurance market in California of health insurers currently issuing large group policies to small employers through MEWAs, as specified. The bill would authorize the departments to coordinate with each other. The bill would require the departments to post reports summarizing their analysis on their internet websites by July 1, 2026. This bill would extend the sunset date of January 1, 2026, to January 1, 2030, for the authorization of this type of health care service plan and insurance policy. By extending the authorization for a specific type of health care service plan, this bill would correspondingly extend the applicability of the crime for a violation of Knox-Keene, thereby imposing 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.