The bill makes failure to report child abuse or neglect one of the crimes in which the statute of limitations begins to run upon discovery of the criminal act or the delinquent act. (Note: This summary applies to this bill as introduced.) , Read More
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The bill places a cap on the number of plants that can be possessed or grown on a residential property at 16 plants unless a local jurisdiction permits possessing or growing more than 16 plants. The criminal penalties for violating the cultivation limit are: A level 1 drug petty offense for a first offense if the offense involves more than twelve plants, punishable by a fine of up to one thousand dollars; A level 4 drug felony for a second or subsequent offense if the offense involves more than twelve but not more than thirty plants; or A level 3 drug felony for a second or subsequent offense if the offense involves more than thirty plants. A medical marijuana patient or primary caregiver who cultivates more than 16 plants must cultivate the plants in compliance with applicable city, county, or city and county law. The bill requires a patient or primary caregiver cultivating medical marijuana to comply with all local laws, regulations, and zoning requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill specifies that, if a student enrolled in kindergarten or one of grades one through 3 is an English language learner, the school district or charter school in which the student is enrolled will decide whether the student takes the reading assessments in English or in the student's native language if there is an approved assessment available in the student's native language. If the student takes the assessments in his or her native language, the school district or charter school may also administer the assessments in English if requested by the student's parent. If a student who is an English language learner takes the reading assessments in his or her native language, the school district or charter school must determine the level of English proficiency at which the student will take the reading assessments in English and communicate that proficiency level to the student's parent. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the criminal offense of posting a private image by a juvenile. The offense can be committed in 2 ways. The first way is if a juvenile, through digital or electronic means, knowingly distributes, displays, or publishes to the view of another person a sexually explicit image of a person other than himself or herself who is at least 14 years of age or is less than 4 years younger than the juvenile: Without the depicted person's permission; or When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private. The second way is if the juvenile knowingly distributes, displays, or publishes, to the view of another person who is at least 14 years of age or is less than 4 years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress. The offense is a class 2 misdemeanor; except that it is a class 1 misdemeanor if: The juvenile committed the offense with the intent to coerce, intimidate, threaten, or otherwise cause emotional distress to the depicted person; or The juvenile had previously posted a private image and completed a diversion program or education program for the act pursuant to the provisions of the bill or had a prior adjudication for posting a private image by a juvenile; or The juvenile distributed, displayed, or published 3 or more images that depicted 3 or more separate and distinct persons. The bill creates the criminal offense of possessing a private image by a juvenile that prohibits a juvenile, through digital or electronic means, from knowingly possessing a sexually explicit image of another person who is at least 14 years of age or is less than 4 years younger than the juvenile without the depicted person's permission. It is not an offense if the juvenile: Took reasonable steps to either destroy or delete the image within 72 hours after initially viewing the image; or Reported the initial viewing of such image to law enforcement or a school resource officer within 72 hours after initially viewing the image. The offense is a petty offense; except that it is a class 2 misdemeanor if the unsolicited possessor of the image possessed 10 or more separate images that depicted 3 or more separate and distinct persons. The bill creates a civil infraction of exchange of a private image by a juvenile if a juvenile, through digital or electronic means: Knowingly sends a sexually explicit image or images of himself or herself to another person who is at least 14 years of age or is less than 4 years younger than the juvenile, and the image or images depict only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images; or Knowingly possesses a sexually explicit image or images of another person who is at least 14 years of age or is less than 4 years younger than the juvenile, and the image or images depict only the sender and no other person and the juvenile reasonably believed that the depicted person had transmitted the image or images or otherwise agreed to the transmittal of the image or images. The civil infraction can be punished by participation in a program designed by the school safety resource center or other appropriate program addressing the risks and consequences of exchanging a sexually explicit image of a juvenile or a fine of up to $50, which may be waived by the court upon a showing of indigency. If a juvenile's conduct is limited to the elements of the petty offense of possession of a private image by a juvenile or limited to the elements of the civil infraction of exchange of a private image by a juvenile, then the juvenile cannot be charged with sexual exploitation of a child. If a juvenile is charged with posting a private image by a juvenile, he or she cannot be charged with sexual exploitation of a child. The bill allows a juvenile to petition the court to not impose sex offender registration if he or she is charged with sexual exploitation of a child and the juvenile's conduct satisfies posting a private image by a juvenile or possession of a private image by a juvenile. It is an affirmative defense to the two criminal offenses and the civil infraction if a juvenile is coerced, threatened, or intimated into distributing, displaying, publishing, possessing, or exchanging a sexually explicit image of a person under 18 years of age. The court must order the records of any of the 2 criminal offenses or civil infraction expunged within 42 days of completion of the sentence or program. The bill requires the school safety resource center to make available a sexting curriculum for school districts to use. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law states that a conviction for escape or for attempt to escape may not be used for the purpose of adjudicating a person an habitual criminal unless the conviction is based on the offender's escape or attempt to escape from a correctional facility. The bill clarifies that this prohibition applies to both current and prior convictions for escape and attempt to escape. The bill also states that for the purposes of this prohibition, 'correctional facility' does not include a community corrections facility or a halfway house. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Judiciary Committee. The bill extends the domestic violence offender management board (board) until September 1, 2022. In addition, the bill: Changes the appointment authority for 5 members of the board from the executive director of the department of regulatory agencies (DORA) to the executive director of the department of public safety (director); Changes the qualifications for 5 members of the board to require all to have experience in the field of domestic violence, at least 3 members to be licensed mental health professionals, and at least 3 to be on the list of approved providers published by the board; Requires the director to consult with a statewide organization of criminal defense attorneys prior to appointing the private defense attorney to the board; Repeals language concerning staggered terms for members of the initial board; Authorizes the board to elect a presiding officer rather than having the director appoint the presiding officer; Changes the responsibility for the review of providers' applications and review of mandatory continuing education course requirements from DORA to the board; and Makes the board solely responsible for publishing the list of approved providers and relieves DORA from this responsibility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the division of criminal justice (division) within the department of public safety (department) to report annually to the general assembly certain data relating to substance-affected driving citations that occurred in the previous year. For the purpose of producing the report, the division shall collect certain data from: The state judicial branch; Forensic toxicology laboratories; The department of public health and environment; and The division of probation services. The bill creates a $2 surcharge for persons convicted of substance-affected driving. Money collected as such surcharges must be deposited in the substance-affected driving data-analysis cash fund, which is created in the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
With certain exceptions, the bill prohibits the use of a chemical, mechanical, or prone restraint upon a public school student. Each school district shall require any school employee or volunteer who uses any type of restraint on a student to submit a written report of the incident to the administration of the school not later than one school day after the incident occurred. The bill requires each school district to establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The bill requires the state board of education to promulgate rules on or before November 1, 2017, establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any school, charter school, or institute charter school. The bill requires each school district and the state charter school institute to include in its conduct and discipline code information concerning the school district's or institute's policies for the use of restraint and seclusion on students, including information concerning the process for filing a complaint regarding the use of restraint or seclusion. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill designates as a peace officer the manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
