Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrate's order. This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient's location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program. Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor. This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient's location. The bill would make a violation of this provision a misdemeanor and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program. This bill would additionally prohibit an officer or employee of a state or local law enforcement agency from providing information or assistance to specified entities regarding services constituting legally protected health care activity, including, but not limited to, abortion, contraception, reproductive care, and gender-affirming care, if those services would be lawful if they were provided entirely within this state. Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state. This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program. This bill would require that the determination of whether a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKS program be made pursuant to a specified federal regulation. The bill would also make a person who is fleeing to avoid prosecution, or custody and confinement after conviction, whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the location of the patient, eligible for benefits under these programs. Because this bill would expand the eligibility requirements for these programs, this bill would create 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 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.
Sponsored bills
This bill would make appropriations for the support of state government for the 2023–24 fiscal year. This bill would declare that it is to take effect immediately as a Budget Bill.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund. This bill would make changes to the definition of "derivative victim" and "victim" and would define "victim of violent crime advocate" for purposes of these provisions. Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board's verification of information, including by requiring the applicant to cooperate with the board, as specified. This bill would prohibit the board from requiring submission of additional information solely to verify that a crime occurred, as specified. The bill would also change how the board must communicate with the applicant about the adequacy of the information received from the applicant. The bill would also authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the crime occurred if the board has already received a valid form of verification, as specified. The bill would remove the requirement that an applicant cooperate with the board, and change the verification procedure in various ways, as specified. The bill would also require the board to accept certain information as evidence to verify that a crime occurred, as specified. Existing law specifies how an emergency award may be made to a person eligible for compensation from the board. This bill would establish a presumption of substantial hardship for emergency award requests for relocation or funeral and burial expenses, as specified. Existing law authorizes the board to deny an application based on the nature of the victim's or other applicant's involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it finds that the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified. This bill would delete those provisions. Existing law authorizes the board to compensate for pecuniary loss, including a cash payment or reimbursement to a victim for expenses incurred in relocating, subject to specified conditions. This bill would change those conditions for cash payment or reimbursement of relocation expenses, and would authorize a derivative victim to receive this cash payment or reimbursement, as specified. By expanding eligibility for compensation from a continuously appropriated fund, this bill would make an appropriation. Existing law authorizes the board to establish service limitations for reimbursement of medical and medical-related services and for mental health and counseling services. Existing law authorizes the board to request an independent examination and report from any provider of medical or medical-related services or psychological or psychiatric treatment or mental health counseling services, if it believes there is a reasonable basis for requesting an additional evaluation, as specified. This bill would remove the board's authority to establish service limitations and to request an independent examination and report from any provider of medical or medical-related services or psychological or psychiatric treatment or mental health counseling services. By removing limits on compensation from a continuously appropriated fund, this bill would make an appropriation. Existing law requires the board to approve or deny applications within an average of 90 calendar days and no later than 180 calendar days, as specified. This bill would require the board to approve or deny applications within an average of 30 days and no later than 60 calendar days, as specified. The bill would also require the board to communicate a determination made to approve or deny an application in specified ways. The bill would also require the board to adopt guidelines governing the information to include in these communications, as specified. Existing law authorizes judicial review of a final decision made under these provisions by filing a petition for a writ of mandate, as specified. Existing law requires the petition to be filed within 30 calendar days of personal delivery or within 60 calendar days of the mailing of specified documents. This bill would instead require the petition to be filed within 365 calendar days of personal delivery or the mailing of those documents.
Existing law provides for the licensure and regulation of clinics and health facilities, including, but not limited to, primary care and specialty clinics, by the State Department of Public Health. Under existing law, the department is also responsible for the statewide administration of various programs and policies relating to personal health, including maternal, child, and adolescent health. Existing law requires the department to develop a coordinated state strategy for addressing the health-related needs of women, including implementation of goals and objectives for women's health, as specified. This bill would require the department to conduct an awareness campaign to communicate with local health departments, health care providers, and the public regarding facilities that provide health care services, including, but not limited to, primary care and specialty clinics. The bill would require the awareness campaign to include information about the services the facilities offer, and the activities of the department, relating to pregnancy care and abortion. The bill would require the campaign to make that information available to, among others, health care professional associations and societies and health care employers. The bill would authorize the department to award grants or enter into contracts to perform the functions required to conduct the awareness campaign, as specified. The bill would repeal these provisions on January 1, 2025.
(1) Existing law, in a criminal trial, allows evidence of mental disease, mental defect, or mental disorder solely for the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged. This bill would instead allow that evidence for the issue of whether or not the accused actually formed the required mental state for the crime that is charged, including whether or not the accused committed a willful act, premeditated, deliberated, harbored malice aforethought, acted knowingly, acted maliciously, or acted with conscious disregard for human life. (2) Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. To receive that relief, existing law requires that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. Existing law requires the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal defect at the time of the arrest or conviction. This bill would allow that relief for a person arrested or convicted of any offense. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined. This bill would allow that defense to be used with respect to a violent felony. (4) If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. This bill would require the court to also order any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require the agencies mentioned above to seal their records of arrest and court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. The bill would also require the Department of Justice to notify the petitioner and the petitioner's counsel that the department has complied with the order to seal the arrest records by the applicable deadline. (5) Existing law requires the court, when a judgment of imprisonment is imposed and specifies 3 possible terms, to impose the middle term unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the court to order imposition of a lower term if the person has experienced psychological, physical, or childhood trauma, is or was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking, unless the aggravating circumstances so far outweigh the mitigating circumstances that the imposition of the lower term would be contrary to the interests of justice. This bill would require the court, when deciding whether the aggravating circumstances outweigh the mitigating circumstances, to only consider those aggravating circumstances that have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. The bill would require the court, except in specified circumstances, to, upon the request of the defendant, bifurcate the trial on the circumstances in aggravation from the trial of charges and enhancements. (6) Existing law requires a person convicted of 2 or more felonies to be sentenced to an aggregate term of imprisonment for all convictions at a sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, prior convictions, and prior prison terms. Under existing law, a principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable enhancements. Under existing law, the subordinate term for each consecutive offense is 1/3 of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including 1/3 of the term imposed for any specific enhancements applicable to those subordinate offenses. This bill would, unless contrary to the interests of justice, prohibit a court from imposing consecutive terms for 2 or more felonies if the person has experienced psychological, physical, or childhood trauma, is or was a youth at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking prior to the instant offense, or at the time of the commission of the offense. (7) Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment. This bill would prohibit a court, unless contrary to the interests of justice, from imposing a term of imprisonment for any sentence enhancement if the person has experienced psychological, physical, or childhood trauma, is or was a youth at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking prior to the instant offense, or at the time of the commission of the offense. (8) 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 establishes the California Renewables Portfolio Standard Program, which requires the Public Utilities Commission to implement annual procurement targets for the procurement of eligible renewable energy resources, which is defined as an electrical generating facility that meets the definition of "renewable electrical generation facility" subject to certain conditions, for all retail sellers, as defined, and requires local publicly owned electric utilities to adopt and implement a renewable energy resources procurement plan to achieve the targets and goals of the program. This bill would include a facility that uses renewable hydrogen, as defined, meeting certain requirements, including a requirement that sellers and purchasers of renewable hydrogen comply with a system for tracking and verifying the use of renewable hydrogen, as a renewable electrical generation facility for purposes of the California Renewables Portfolio Standard Program. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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, the California Consumer Privacy Act of 2018, prohibits a business from selling the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumer's parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale of the consumer's personal information. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, as prescribed, and requires a business, before any new online services, products, or features are offered to the public, to complete a Data Protection Impact Assessment for any online service, product, or feature likely to be accessed by children and maintain documentation of this assessment as long as the online service, product, or feature is likely to be accessed by children. This bill would prohibit a social media platform, as defined, from using a design, algorithm, or feature that the platform knows, or which by the exercise of reasonable care should have known, causes child users, as defined, to do any of certain things, including experience addiction to the social media platform. This bill would provide that a social media platform is not in violation of the bill if the social media platform instituted and maintained a program of at least quarterly audits, as defined, of its designs, algorithms, and features that have the potential to cause violations of the provision described above, and the social media platform corrected, within 30 days of the completion of the audit, any design, algorithm, or feature discovered by the audit to present more than a de minimis risk of violating that provision. This bill would subject a social media platform that knowingly and willfully violates these provisions to a civil penalty not to exceed $250,000 per violation, an injunction, and an award of litigation costs and attorney's fees in an action brought only by certain public attorneys, including the Attorney General.
Existing property tax law requires that all property subject to tax be assessed at its full cash value, and includes certain possessory interests among those property interests that are subject to tax. Existing property tax law defines a taxable possessory interest to be a use that is independent, durable, and exclusive. Existing property tax law specifies that, for purposes of the definition of a taxable possessory interest, a possession or use is not independent if it is pursuant to a contract that includes, but is not limited to, a long-term lease for the private construction, renovation, rehabilitation, replacement, management, or maintenance of housing for active duty military personnel and their dependents, if specified criteria are met. This bill would provide that there is no independent possession or use of land or improvements if the possession or use is for a tenancy, as defined, in a residential unit, as defined, in a publicly owned housing project, as defined, is part of a governmental assistance program, and directly fulfills the governmental, public purpose of providing the housing, as described in the governmental assistance program. The bill would also provide that there is no independent possession or use of land or improvements if the possession or use is for onsite managerial duties for a publicly owned housing project, is necessary for the administration of the governmental assistance program, and directly fulfills the governmental, public purpose of the provision of housing under the governmental assistance program. The bill would make related findings and declarations. By imposing additional duties on local tax officials, the bill would impose a state-mandated local program. 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 also would state the intent of the Legislature to comply with these requirements. 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
(1) Existing law establishes the Youth Reinvestment Grant Program within the Board of State and Community Corrections to grant funds, upon appropriation, to local jurisdictions and Indian tribes for the purpose of implementing trauma-informed diversion programs for minors, as specified. This bill would repeal these provisions. The bill would reestablish the Youth Reinvestment Grant Program, to be administered by the Office of Youth and Community Restoration, for the purpose of implementing a mixed-delivery system of trauma-informed health and development diversion programs for youth, as specified. The bill would create the Youth Reinvestment Fund to be used, upon appropriation by the Legislature, by the office for the purposes of the program. The bill would require applicants for the program to be nongovernmental agencies or tribal governments, as specified. The bill would provide that an applicant under this program be awarded no less than $50,000, and no more than $2,000,000, and would specify the requirements of diversion programs to qualify for funding under these provisions. (2) Existing law establishes, until January 1, 2025, the California Violence Intervention and Prevention Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. This bill would establish, upon appropriation by the Legislature, the Department of Justice Violence Reduction Grant Program to be administered by the department for the purpose of supporting evidence-based, focus-deterrence collaborative programs that conduct outreach to targeted gangs and offer supportive services to preemptively reduce and eliminate violence and gang involvement. The bill would require the department to award grants on a competitive basis, with preference given to cities and local jurisdictions that are disproportionately impacted by violence and gang involvement. The bill would require the department to form a grant selection advisory committee, as specified. The bill would require grantees to report to the department, in a form and at intervals prescribed by the department, regarding the progress in achieving the grant objectives, and would require the department to report to the Legislature on the impact of violence prevention initiatives supported by the grant program. (3) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided. This bill would also establish, upon appropriation by the Legislature, within the California Health and Human Services Agency a program to evaluate applications and award grants, in 5-year cycles, to schools to implement the Trauma Intervention Program to implement evidence-based interventions for pupils impacted by trauma. The bill would give the priority to the Counties of Alameda, Fresno, Merced, Tulare, Kern, and Los Angeles, as specified. The bill would require the agency to open eligibility for grants every 5 years, with priority to the top 6 counties that have the highest rate of violent crime and homicide, as reported by the Department of Justice's annual crime data report. The bill would also require grants to be awarded to a research organization to conduct a study on the effects of the treatment, including any effect on subsequent criminality. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno, Merced, Tulare, Kern, and Los Angeles. (4) Existing law requires the State Department of Public Health, in cooperation with the State Department of Education, to establish a Public School Health Center Support Program, upon appropriation by the Legislature, to assist school health centers, which are defined as centers or programs, located at or near local educational agencies, that provide age-appropriate health care services at the program site or through referrals, as specified. This bill would rename the program as the School-Based Health Center Support Program and would redefine a school-based health center to mean a student-focused health center or clinic that is located at or near a school or schools, is organized through school, community, and health provider relationships, and provides age-appropriate, clinical health care services onsite by qualified health professionals. The bill would authorize a school-based health center to provide primary medical care, behavioral health services, or dental care services onsite or through mobile health or telehealth. The bill would authorize the State Department of Public Health to contract with other entities for the purpose of providing assistance in specified areas to school-based health centers that receive grant moneys. Existing law requires the department, subject to an appropriation, to establish a grant program within the Public School Health Center Support Program to provide technical assistance and funding for the expansion, renovation, and retrofitting of existing school health centers and the development of new school health centers. Existing law requires a health center receiving grant funds to meet or have a plan to meet specified requirements relating to the provision of certain services. This bill would make changes to certain service requirements relating to, among other things, primary medical care, substance use disorder services, population health, and integrated and individualized support. Existing law requires, subject to an appropriation, that planning grants under the program be available in amounts between $25,000 and $50,000 for a 6- to 12-month period for specified uses. This bill would instead require that planning grants be available in amounts between $50,000 and $100,000, inclusive, for up to a 24-month period. Existing law requires, subject to an appropriation, that facilities and startup grants be available in amounts between $20,000 and $250,000 per year for a 3-year period for the purpose of establishing a school health center, with the potential addition of $100,000 in the first year for facilities construction, purchase, or renovation. This bill would instead require that facilities and startup grants be available in amounts between $300,000 and $850,000, inclusive, for a 3-year period. The bill would make certain changes to preference-related criteria. Existing law requires, subject to an appropriation, that sustainability grants be available in amounts between $25,000 and $125,000 per year for a 3-year period for the purpose of operating a school health center, or enhancing programming at a fully operational school health center, and sets forth certain criteria for those grants. This bill would delete those provisions and would instead require that expansion grants be available in amounts between $150,000 and $300,000, inclusive, for up to a 3-year period for the purpose of renovating and improving an existing school-based health center or enhancing and expanding programming at a fully operational school-based health center, as specified. The bill would require that sustainability grants be available in amounts between $150,000 and $300,000, inclusive, per year for the purpose of operating a school health center. The bill would set forth certain eligibility-related criteria for these grants. This bill would require the department, subject to an appropriation, to administer grants pursuant to this program beginning on or before January 1, 2025. Existing law requires the program, in collaboration with the State Department of Education, to act as a liaison for school-based health centers. This bill would delete that provision. Existing law requires the State Department of Education to establish an Office of School-Based Health Programs for the purpose of assisting local educational agencies regarding the current health-related programs under the purview of the department, as specified. This bill would require the office to work with the State Department of Public Health in supporting the School-Based Health Center Support Program. (5) Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. This bill would create a grant program, subject to an appropriation, under the Department of Parks and Recreation to award grants to tribal and local governments and community-based organizations for the purpose of supporting existing and creating new parks and recreation opportunities and supporting existing and creating new summer programs for youth in order to create and enhance recreation- and health-based interventions for youth during peak times of violence. The bill would require the department to develop criteria, procedures, and accountability measures to implement the grant program and to administer the grant program to ensure priority is given to underserved populations, as specified. The bill would require the department to give priority for funding to outdoor recreation- and health-based intervention programs during peak times of violence that primarily provide outreach to and serve youth who are impacted by violence and gang involvement in their communities. The bill would also require the department to annually report to the appropriate policy, budget, and fiscal committee of the Legislature regarding the effectiveness of the programs awarded funding in achieving the overall objectives of the grant program. (6) Existing law establishes the California Gang, Crime, and Violence Prevention Partnership Program for the purposes of reducing gang, criminal activity, and youth violence in specified communities. Existing law requires the Department of Justice to disburse all available funds to community-based organizations and nonprofit agencies that meet specified program requirements. This bill would repeal those provisions.
Existing law, the California Worker Adjustment and Retraining Act, governs relocations, terminations, and mass layoffs. Existing law prohibits an employer from ordering a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives prescribed written notice of the order to specified entities, including the local workforce investment board and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs. Existing law exempts certain types of employment from the act, including seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary (seasonal employment exemption) . Existing law makes an employer who fails to give notice as required liable to each employee entitled to notice who lost their employment for prescribed compensation, calculated for the period of the employer's violation, up to a maximum of 60 days, or 12 the number of days that the employee was employed by the employer, whichever period is smaller. Existing law authorizes the Labor Commissioner to enforce specified provisions of existing law, as prescribed. Existing law defines terms for its purposes, including definitions for the terms "employer" and "employee." Existing law defines "mass layoff" for purposes of the act to mean a layoff during any 30-day period of 50 or more employees at a covered establishment, and defines "covered establishment" as an industrial or commercial facility that employs, or has employed within the preceding 12 months, 75 or more persons. This bill would require the prescribed notice 75 days before the order takes effect, and would make a conforming change to the calculation of employer liability. The bill would modify the requirement for notice to the local workforce investment board and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs to apply only to a termination, relocation, or mass layoff that impacts 50 or more employees at a single location. The bill would require a labor contractor to remit to the employee the payment provided to the client employer in the full amount calculated, as specified, for a violation of the notice requirement, and would define a "labor contractor" for purposes of the act. This bill would additionally require for the application of the seasonal employment exemption that the season be complete. The bill would also exempt from the act employees who are employed by a labor contractor to fulfill the needs of a temporary project with a defined end date and are laid off because of the completion of the temporary employment contract, as specified. This bill would include within the term "employer" a client employer of a labor contractor. The bill would include within the term "employee" a person employed by a labor contractor and performing labor with the client employer for at least 6 months of the 12 months and for at least 60 hours preceding the date on which notice is required. The bill would revise the definition of "covered establishment" to instead mean a place of employment that employs, or has employed within the preceding 12 months, 75 or more persons, and would specify that a "covered establishment" may be a single location or a group of locations, as specified. The bill would revise the definition of "mass layoff" to also include employees reporting to a covered establishment. This bill would prohibit an employer from utilizing compliance with the act in connection with a severance agreement and waiver of an employee's right to claims. The bill would provide that any general release, waiver of claims, or nondisparagement or nondisclosure agreement that is made a condition of the payment of amounts for which the employer is liable is void as a matter of law and against public policy. The bill would prohibit an employer who is required to give notice from offering an employee a separate agreement that includes a general release, waiver of claims, or nondisparagement or nondisclosure agreement, unless the agreement is offered in exchange for reasonable consideration that is in addition to anything of value to which the individual already is entitled and includes a statement to this effect, as specified. The bill would provide that any agreement in violation of this prohibition is void as a matter of law and against public policy, and would make an employer who violates this provision subject to a civil penalty of up to $500 for each violation.