Sen. Marie Alvarado-Gil

Existing law authorizes a court, under specified circumstances, to resentence a defendant convicted of a felony offense. Under existing law, resentencing can be granted without a hearing upon stipulation of the parties. This bill would require a victim of the crime who wishes to be heard regarding the resentencing to notify the prosecution of their request for a hearing within 15 days of being notified that resentencing is being sought, and would require the court to provide an opportunity for the victim to be heard. Existing law requires any person, except the victim, who is entitled to attend a parole hearing and intends to do so, to provide at least 30 days' notice to the Board of Parole Hearings. Existing regulations of the Department of Corrections and Rehabilitation require victims, the victim's next of kin, members of the victim's family, victim representatives, counsel for any of these persons, and victim support persons to give notice of their intention to attend, to the department, as specified. This bill would limit the amount of notice that the department may require from any of these persons to no more than 15 days. This bill would incorporate additional changes to Section 1172.1 of the Penal Code proposed by AB 600 to be operative only if this bill and AB 600 are enacted and this bill is enacted last.

Existing law prohibits the possession, sale, and transport, as specified, of certain controlled substances. Existing law requires a person granted probation for controlled substance offenses to, as a condition of probation, secure education or treatment from a local community agency designated by the court, if the service is available and the person is likely to benefit from the service. This bill would require the court to order a person granted probation pursuant to those provisions for a violation of specified laws involving any amount of fentanyl, carfentanil, benzimidazole opiate, or any analog thereof, to successfully complete a fentanyl and synthetic opiate education program, if one is available. The bill would prohibit a defendant from being charged a fee for enrollment in that education program. The bill would require a court ordering a defendant to complete those courses to only order the defendant to participate in programs that include, among other things, information regarding the nature and addictive elements of fentanyl and other synthetic opiates and their danger to a person's life and health. The bill would require program providers to report an unexcused absence by a defendant from a fentanyl and synthetic opiate education program to the court and the probation department within 2 business days. The bill would require the court to only refer defendants to programs that are available at no cost to the participants. This bill would incorporate additional changes to Section 11373 of the Health and Safety Code proposed by SB 46 to be operative only if this bill and SB 46 are enacted and this bill is enacted last.

Existing law establishes the California Statewide Housing Plan, developed in cooperation with the private housing industry, regional and local housing and planning agencies, and other agencies of the state, to serve as a state housing plan. Existing law requires the plan to incorporate specified segments, including, among others, a housing strategy that coordinates the housing assistance and activities of state and local agencies, including the provision of housing assistance for various population groups, including, but not limited to, elderly persons, persons with disabilities, and other specific population groups as deemed appropriate by the department. Existing law, to the extent possible, requires the department to consult with various state departments, including the California Department of Aging and the State Department of Social Services, in developing that housing strategy. This bill would add veterans to the list of population groups included in the housing strategy described above. The bill would require the department to also consult with the Department of Veterans Affairs in developing the housing strategy, to the extent possible. This bill would incorporate additional changes to Section 50423 of the Health and Safety Code proposed by AB 1764 to be operative only if this bill and AB 1764 are enacted and this bill is enacted last.

Existing law establishes the Department of Food and Agriculture under the control of the Secretary of Food and Agriculture. Existing law regulates the manufacture, distribution, and labeling of commercial feed and requires the secretary to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law requires the secretary to establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as are reasonably necessary to carry out the purposes of certain provisions regulating commercial feed, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds, as specified. Existing law requires the department to continue to be the primary regulatory agency over medicated feed, as defined, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements that are imposed on medicated feed suppliers, as provided. This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock to be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims. The bill would not construe the above-mentioned provision to limit certain authority of the State Air Resources Board.

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases. Existing law designates State Route 203 is from the County of Mono line near Minaret Summit to State Route 395. This bill would authorize the commission to relinquish to the Town of Mammoth Lakes all or a portion of State Route 203 within the town's jurisdiction, as provided, and would prescribe conditions that apply upon relinquishment.

(1) Existing law, the Economic Revitalization Act, establishes the Governor's Office of Business and Economic Development, also known as "GO-Biz," in state government within the Governor's office under the control of a director. Existing law requires GO-Biz to serve as the Governor's lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth, and authorizes GO-Biz to establish an interactive internet website, as prescribed. Existing law creates the Office of Small Business Advocate (office) within GO-Biz to be led by the Small Business Advocate (advocate) , who is appointed by, and serves at the pleasure of, the Governor. Existing law imposes prescribed duties on the advocate, including serving as the principal advocate in the state on behalf of small businesses, and enlisting the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by state government for the benefit of small businesses. Existing law requires the advocate to post specified information on the GO-Biz or advocate's internet website, including how to receive assistance in certifying as a small business and identifying and participating in state procurement opportunities. This bill would recast those provisions concerning the advocate's responsibility to post the above-described information on the Go-Biz internet website or the advocate's website, and would instead require the advocate to establish on the GO-Biz or advocate's internet website an internet web portal. The bill would additionally require the advocate to include within that web portal prescribed links and information relevant to small businesses regarding current and upcoming procurement opportunities offered through state government and public utilities and financial resources and business incentives offered by the state to those businesses. The bill would require the advocate to ensure that this internet web portal is accessible and provides helpful information to a diverse set of potential applicants, including businesses owned by specified individuals, and other entities that are working to support and benefit disadvantaged or low-income communities. (2) Existing law, the Grant Information Act of 2018, requires the California State Library (library) to create a funding opportunities internet web portal that provides a centralized location for grant seekers to find state grant opportunities. This bill would require the library to provide a link to the above-described internet web portal. (3) Existing law, the Small Business Procurement and Contract Act, requires the directors of the Department of General Services (department) and other state agencies that enter specified contracts, among other things, to establish a minimum goal of 25% procurement participation for small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. The act defines various terms for these purposes. This bill would require the department to provide an internet web page that includes web links to online directories or databases of businesses certified by state agencies with industrial classification codes, as specified. The bill would require the department to provide a link to the internet web page on the department's internet home page. The bill would require the department to notify each state agency or department that the small business certification database is a resource for sourcing vendors to meet the 25% goal described above.

Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. By increasing the penalty for, and by changing the definition of, a 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.

Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct, as provided. This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.

The California Constitution authorizes the Legislature to permit private, nonprofit organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 23 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. Existing statutory law, until January 1, 2024, authorizes a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. This bill would permanently extend the operation of those provisions beyond January 1, 2024. By extending the operation of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a 23 vote of each house.

Existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified. By expanding the scope of an enhancement, 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.