Week of March 28, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of March 28th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Visit our Legislation Agenda page to view all bills being followed at this time. Help CALCASA push our legislative agenda by signing up and Taking Action!
AB 13 (Knight R)   Public school volunteers.
Status: 3/30/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/25/2011-A. ED.
Summary:
Would specify that each of these provisions applies to charter schools. The bill would also authorize a school district, county office of education, or charter school to request a local law enforcement agen cy to conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether that person has been convicted of a felony controlled substance offense or a violent or serious felony, as specified. The bill would additionally prohibit persons who have been convicted of violent or serious felonies, specified sex offenses, or felony controlled substance offenses, as specified, from serving as nonteaching volunteer aides . This bill contains other existing laws.
AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 3/31/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 3/31/2011-S. RLS.
Summary:
Would additionally require the court to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with a separate federal offense. The bill would make other conforming changes.

AB 219 (Portantino D)   California Recidivism Goals Development and Achievement Act.
Status: 3/31/2011-In committee: Hearing postponed by committee. (Refers to 3/22/2011 hearing)
Location: 2/10/2011-A. PUB. S.
Summary:
Would declare the Legislature’s intent regarding the Department of Corrections and Rehabilitation’s role in reducing criminal recidivism. The bill would require the department achieve a reduction in the statewide criminal recidivism rate from 2010 of 20% by 2015 and 40% by 2020. The bill would require the department to adopt regulations to require the reporting and verification of the statewide recidivism rate, as specified.
AB 257 (Galgiani D)   Inmate release: notification.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would require the department to develop a unified statewide electronic mail victim notification system for notifying victims who request that notification of parole hearings or release dates for their offenders be sent to them by e-mail.
AB 295 (Lowenthal, Bonnie D)   California Case Management System.
Status: 3/29/2011-Re-referred to Com. on JUD.
Location: 3/29/2011-A. JUD.
Summary:
Would require the Judicial Council to provide that annual status report on or before December 1 of each year until project completion and full implementation. The report additionally would be required to include all costs of the trial courts in support of these projects, total estimated costs to complete these projects, a general description of the nature of costs that justice partners, as defined, will incur from making changes as necessary to access the California Case Management System, and an explanation for deviation from any recommendation of the California Technology Agency pursuant to the provisions described below. The bill would require the Administrative Office of the Courts, on or before December 1 of each year until project completion and full implementation, to annually provide to those chairpersons an independent project oversight report for the California Case Management System. This bill contains other related provisions and other existing laws.
AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 3/31/2011-Re-referred to Com. on PUB. S.
Location: 3/31/2011-A. PUB. S.
Summary:
Would authorize a school district to provide instruction regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media. This bill contains other related provisions and other existing laws.
AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 3/15/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 2/24/2011-A. PUB. S.
Summary:
Would require local law enforcement agencies responsible for taking or collecting rape kit evidence to annually report to the Department of Justice statistical information pertaining to the testing and submission for DNA analysis of rape kits, as specified. The initial report would be due by July 1, 2013. The reports received by the department would be subject to inspection under the California Public Records Act. This bill contains other related provisions and other existing laws.
AB 434 (Logue R)   County penalties: forensic laboratories.
Status: 3/30/2011-Re-referred to Com. on PUB. S.
Location: 3/30/2011-A. PUB. S.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.
AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 3/29/2011-Re-referred to Com. on PUB. S.
Location: 3/29/2011-A. PUB. S.
Summary:
Would authorize a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require the restorative justice program to be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, public defender, and other interested groups. The bill would prohibit the use of General Fund moneys to fund the program. The bill would include related findings and declarations.
AB 543 (Torres D)   Sex offenders: social networking prohibition.
Status: 3/31/2011-Read second time and amended.
Location: 3/30/2011-A. SECOND READING
Summary:
Would in addition, make it a misdemeanor for any person who is granted probation or placed on parole for the conviction of a crime that requires him or her to register as a sex offender to use any Internet social networking Web site, as defined, during that period of probation or parole if the victim of the offense was under 18 years of age at the time of the offense and the Internet was used in the commission of the crime. The bill would authorize the person to seek an exception to the prohibition for legitimate professional purposes by applying through the appropriate parole or probation supervising agency. Approval would be valid for one year, unless revoked. The bill would authorize an annual application for renewal. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 3/31/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 3/31/2011-S. RLS.
Summary:
Would also make nonsubstantive, technical corrections.
AB 593 (Ma D)   Domestic violence: battering: writ of habeas corpus.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Existing law, operative until January 1, 2020, establishes circumstances under which a writ of habeas corpus may be prosecuted for certain violent felonies on the basis of expert testimony regarding intimate partner battering that was not received in evidence at trial and may be sufficient to undermine confidence in the conviction, as specified. This bill would delete the repeal clause for those provisions and thus extend the operation of those provisions indefinitely.
AB 625 (Ammiano D)   Sex offender registration.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would instead establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified.
AB 630 (Hueso D)   Pupil safety: bullying.
Status: 3/31/2011-Referred to Com. on ED. From committee chair, with author’s amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
Location: 3/31/2011-A. ED.
Summary:
Would express the intent of the Legislature to encourage school districts to establish programs, to be integrated either into the regular curriculum or through separate instruction during National Bullying Prevention Month, at the discretion of each school district, to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils, parents, and school staff. This bill contains other related provisions.
AB 918 (Block D)   Crimes: felonies.
Status: 3/29/2011-Re-referred to Com. on PUB. S.
Location: 3/29/2011-A. PUB. S.
Summary:
Would add pimping, pandering, and human trafficking as offenses that may be used to establish a pattern of criminal activity for those purposes. Because this bill would amend Proposition 21 it therefore requires a 2/3 vote. This bill contains other related provisions and other existing laws.
AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would establish special maritime jurisdiction for criminal acts to extend to acts or omission on board a ship outside of the state under specified circumstances including when there is a suspect on board a ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state, when the master of the ship or an official of the flag state, as defined, commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state, when the state where the act or omission occurred requests the exercise of jurisdiction by this state, when the act or omission occurs during a voyage on which over 1/2 of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, or where the victim is a California law enforcement officer on board the ship in connection with his or her official duties. The bill would provide that an act or omission against the person or property of another that is punishable by law when committed in this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, as specified. Because this bill would expand the application of crimes to a new category of people, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 3/31/2011-Referred to Coms. on PUB. S. and JUD. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would provide that the probation department shall be immune from liability for good faith conduct taken under these provisions. This bill contains other existing laws.
AB 1373 (Fong D)   Pupils: healthy relationships promotion and teen dating violence prevention.
Status: 3/31/2011-Re-referred to Com. on ED.
Location: 3/31/2011-A. ED.
Summary:
Would authorize school districts to provide education programs that promote healthy relationships and prevent teen dating violence to pupils in grades 7 to 12, inclusive, through curricular, extracurricular, and school climate improvement activities. The bill would authorize school districts to work in partnership with parents , caregivers , and youth , domestic violence, sexual assault, and other appropriate community-based organizations to provide these education programs. The bill would require school districts that choose to provide education programs that promote healthy relationships and prevent teen dating violence to use research-based materials that are appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds, and for pupils with disabilities. The bill would require the Superintendent of Public Instruction to provide information about model education programs that are designed to promote healthy relationships and prevent teen dating violence on the department’s Internet Web site, as specified.
ACR 17 (Fong D)   Campus Safety Month.
Status: 3/31/2011-Withdrawn from committee. Ordered to third reading.
Location: 3/31/2011-S. THIRD READING
Summary:
This measure would declare March as Campus Safety Month, and would encourage citizens to visit the Internet Web site of the California Postsecondary Education Commission to view public safety information about public and private colleges and universities.
ACR 24 (Hall D)   Child Abuse Prevention Month.
Status: 3/31/2011-From committee: Be adopted. Ordered to third reading. (Ayes 9. Noes 0.) (March 31).
Location: 3/31/2011-A. THIRD READING
Summary:
This measure would acknowledge the month of April 2011 as Child Abuse Prevention Month, and encourage the people of the State of California to work together to support youth-serving child abuse prevention activities in their communities and schools.
SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 3/30/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 3/30/2011-S. APPR.
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other existing laws.
SB 233 (Pavley D)   Emergency services and care.
Status: 3/31/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Location: 3/31/2011-S. HEALTH
Summary:
Would expand the definition of emergency services and care to include care, treatment, and surgery by a physician assistant in compliance with prescribed provisions. This bill would also expand the definition of consultation to authorize physician assistants to provide a consultation. This bill contains other related provisions and other existing laws.
SB 248 (Wyland R)   Forensic specimens: offenders.
Status: 3/29/2011-Action From PUB. S.: Reconsideration granted.
Location: 3/29/2011-S. PUB. S.
Summary:
Would add to the list of persons required to provide forensic identifying samples, persons, including juveniles, who pled guilty, or no contest to, or were convicted of, or adjudicated for committing, certain offenses punishable as misdemeanors or felonies or both, pertaining to poisoning animals, cruelty to animals, stalking, specified species of disorderly conduct, installing a 2-way mirror in specified locations, and loitering in a public place with the intent to commit prostitution. The bill would also make nonsubstantive, technical corrections. This bill contains other related provisions and other existing laws.
SB 271 (Wyland R)   Evidence: rape kits: expedited processing.
Status: 3/31/2011-Re-referred to Com. on PUB. S.
Location: 3/31/2011-S. PUB. S.
Summary:
Would specifically provide that a county’s remaining share of funds attributable to the increase in penalties as required by the act may be used by a local sheriff, police department, district attorney, or other law enforcement agency for expenditures and administrative costs made or incurred for utilizing a laboratory, other than the Department of Justice Laboratory, as specified, to expedite the analysis and processing of rape kits and uploading rape kit information to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. This bill contains other related provisions and other existing laws.
SB 453 (Correa D)   Pupil rights: bullying: suspension and expulsion.
Status: 3/31/2011-Re-referred to Com. on ED.
Location: 3/31/2011-S. ED.
Summary:
Would also define bullying to include acts motivated by specified actual or perceived characteristics of the victim. This bill contains other related provisions and other existing laws.
SB 534 (Corbett D)   Victims of sexual assault.
Status: 3/29/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on APPR.
Location: 3/29/2011-S. APPR.
Summary:
Would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand a victim’s right to a medical exam paid for by a local agency, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
SB 576 (Calderon D)   Sentencing.
Status: 3/29/2011-Set for hearing April 5.
Location: 3/3/2011-S. PUB. S.
Summary:
Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing, operative until January 1, 2012, generally specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2012, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2016, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.
SB 601 (Hancock D)   Corrections: prisons: warden report card.
Status: 3/31/2011-Re-referred to Com. on PUB. S.
Location: 3/31/2011-S. PUB. S.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a warden report card containing specified information regarding each warden and the warden’ s prison, including, among other information, the number of inmates disciplined and the number of inmate appeals related to disciplinary actions, on a monthly basis and to post the warden report card once a month on the department’s Internet Web site.
SB 622 (Corbett D)   Sex offenders: registration.
Status: 3/29/2011-Do pass as amended, and re-refer to the Committee on Appropriations
Location: 3/29/2011-S. APPR.
Summary:
Would instead require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other existing laws.
SB 852 (Harman R)   Corrections: victim notification.
Status: 3/31/2011-Set for hearing April 5.
Location: 3/10/2011-S. PUB. S.
Summary:
Would authorize providing that notice by telephone, certified mail, or electronic mail, as specified. This bill contains other related provisions and other existing laws.