Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law requires that a person released on conditional release pursuant to these provisions be placed in the county of domicile unless certain conditions are satisfied. This bill would also require, as a condition to placing a person in a county other than their county of domicile, the proposed designated county of placement to be provided specified evidence prior to the court ordering the person to be placed in a county other than the county of domicile. Existing law permits the court to order the department to provide a copy of the written terms and conditions of conditional release to the sheriff or chief of police, or both, who have jurisdiction over the proposed or actual placement community. The bill would require, if the department or its designee requests that the county of placement petition the court to revoke a person's conditional release, the department or its designee to provide the county of placement any information or records relating to the person's treatment or performance on conditional release that the department or its designee believes serves as the basis for a revocation of community outpatient treatment.
Sponsored bills
(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Proposition 47 authorizes amendment of its provisions by a 23 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act. This bill would amend Proposition 47 by authorizing acts of shoplifting that occur on 2 or more separate occasions within a 12-month period, and the aggregated value of the merchandise taken exceeds $950, to be punished either by imprisonment in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Exiting law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary being punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. This bill would make burglary with regard to a railroad car or a cargo container punishable by imprisonment in a county jail for 2, 4, or 6 years. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (3) 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 the month of March 2022 as Traumatic Brain Injury Awareness Month.
This measure would resolve that the Legislature declares March 12, 2022, as National Girl Scout Day.
The Personal Income Tax Law and Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2023, would allow a credit against the taxes imposed by those laws to employers, as specified, for the expenses of complying with specified COVID-19 supplemental paid sick leave requirements. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would also make findings and declarations related to a gift of public funds.
Existing law classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a sexually violent felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. This bill would additionally define human sex trafficking as a violent felony. By increasing the sentence 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.
Existing law authorizes a person who has been convicted of felony murder or murder under the natural and probable consequences theory or other theory under which malice is imputed to a person based solely on that person's participation in a crime to file a petition for the court to vacate the person's sentence and resentence them if the petitioner could not presently be convicted of murder or attempted murder because of changes made in the law since their conviction. This bill would specify that these provisions do not apply to a person when the victim is a peace officer who was engaged in the performance of their duties and when the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties.
This measure would declare February 17, 2022, as PTA Day, commend the National Parent Teacher Association on the occasion of its 125th anniversary, and encourage all California residents to attend and participate in the celebration of this commemorative event.
Existing law generally regulates classes of insurance, including life insurance. Existing law requires a life insurance policy, including an individual or group policy, issued or delivered in this state to contain a provision for a grace period of not less than 60 days from the premium due date and to provide that the policy remains in force during that grace period. Existing law requires an insurer to give an applicant for an individual life insurance policy the right to designate at least one person, in addition to the applicant, to receive notice of lapse or termination of a policy for nonpayment of premium. Existing law prohibits a notice of pending lapse and termination of an individual life insurance policy from being effective unless mailed by the insurer to the named policy owner and their designee at least 30 days before the effective date of termination if termination is for nonpayment of premium. This bill would prohibit an insurer from being liable for failure to comply with the these requirements, unless failure to comply with these provisions results in an alleged policy lapse.
Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the county's designated counsel, as specified, when the department makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator, or when a person who is committed as a sexually violent predator has petitioned a court for conditional release under supervision and treatment in the community pursuant to a conditional release program, or has petitioned a court for subsequent unconditional discharge, and a community placement is recommended or proposed. Existing law requires a sexually violent predator who is conditionally released to be placed in the county that was the person's county of domicile prior to the person's incarceration, unless extraordinary circumstances exist requiring placement outside the county, as specified. This act, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the county's executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified. This bill would declare that it is to take effect immediately as an urgency statute.