Week of April 11, 2011
Below is a summary of actions filed on legislation that CALCASA is currently tracking as of April 11th. 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: 4/13/2011-In committee: Set, second 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: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-S. PUB. S.
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 179 (Gorell R) Electronic monitoring: removing or disabling: offense.
Status: 4/13/2011-In committee: Hearing postponed by committee. (Refers to 4/12/2011 hearing)
Location: 2/3/2011-A. PUB. S.
Summary:
Would provide that unauthorized removal, as specified, of an electronic, GPS, or other monitoring device affixed for purposes of a criminal sentence, juvenile court disposition, parole, or probation is an offense punishable by imprisonment in a county jail for one year, or a $1,000 fine, or both, if the underlying offense was a misdemeanor, or by imprisonment in the state prison for 16 months, 2 year, or 3 years if the underlying offense is a felony. This bill contains other related provisions and other existing laws.
AB 219 (Portantino D) California Recidivism Goals Development and Achievement Act.
Status: 4/13/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 12). Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
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 to develop targets approved by the California Rehabilitation Oversight Board and to implement a plan based on those targets to achieve the goal of a reduction in the statewide criminal recidivism rate from 2010 of 20% by 2015 and 40% by 2020. The bill would provide that success towards meeting that goal would be reviewed as part of the annual budget process for the department’s budget. The bill would require the department to adopt regulations to require the reporting and verification of the statewide recidivism rate, as specified. This bill contains other related provisions and other existing laws.
AB 288 (Fong D) Public postsecondary education: community colleges: expulsion hearing.
Status: 4/14/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/14/2011-S. RLS.
Summary:
Would authorize the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment to any individual who has been expelled from a community college within the preceding 5 years, or who is, at the time of the application, undergoing expulsion procedures, for certain offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require the board or a delegate to hold a hearing , before taking action to deny enrollment or permit conditional enrollment, before making the determination as to whether the person continues to pose a risk. The bill would authorize a governing board of a district to delegate its authority under these provisions to the superintendent or president of the district, or to his or her designee. This bill contains other related provisions and other existing laws.
AB 308 (Ammiano D) Criminal investigations: eyewitness identification: lineups.
Status: 4/13/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
Summary:
Would declare the legislative intent that law enforcement officials adopt and implement the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill contains other related provisions and other existing laws.
AB 321 (Hernández, Roger D) Juvenile offenders: obscene material.
Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/13/2011-A. APPR. SUSPENSE FILE
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: 4/12/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/12/2011-A. APPR.
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 364 (Bonilla D) Restitution: asset seizures: fraud and embezzlement.
Status: 4/14/2011-Read second time. Ordered to consent calendar.
Location: 4/14/2011-A. CONSENT CALENDAR
Summary:
Would in addition, provide for the preservation of assets and property by the court in order to pay all restitution and fines, and would apply those preservation of assets provisions in the case of a person who commits a single felony, a material element of which is fraud or embezzlement, if that conduct involves the taking or loss of more than $100,000. This bill contains other related provisions and other existing laws.
AB 420 (Davis D) Inmates: electronic monitoring.
Status: 4/12/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/3/2011-A. PUB. S.
Summary:
Would provide that, until January 1, 2016, upon determination of the correctional administrator that conditions in a jail facility warrant the necessity of releasing inmates being held in lieu of bail, the board of supervisors of any county may authorize the correctional administrator to offer a program under which these inmates may be placed in an electronic monitoring program, as specified. The bill would provide separate authority for voluntary and involuntary electronic monitoring programs. The bill would establish criteria for inmates to be eligible for programs established pursuant to its provisions and would specify circumstances under which inmates may be placed in these programs. The bill would also provide that defendants arrested for a bailable offense who are without any other warrant and who meet certain criteria may apply, after 10 court days from the date of arraignment, for release on reduced bail if the defendant agrees to be placed in the voluntary electronic monitoring program and the court and correctional administrator determine that the defendant is eligible to participate in the electronic monitoring program. The bill would make it a misdemeanor for any inmate who is a participant in an electronic monitoring program to fail to comply with the prescribed rules and regulations. By creating a new crime, this bill would impose a state-mandated local program. The bill would specify, for persons pending disposition of charges, that electronic monitoring programs authorized pursuant to this bill include, but are not limited to, home detention programs, work furlough programs, and work release programs. The bill would make other conforming changes. This bill contains other related provisions and other existing laws.
AB 434 (Logue R) County penalties: forensic laboratories.
Status: 4/11/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/11/2011-S. RLS.
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 520 (Ammiano D) Sentencing.
Status: 4/14/2011-In committee: Hearing postponed by committee. (Refers to 4/12/2011 hearing)
Location: 3/3/2011-A. PUB. S.
Summary:
Would additionally provide that the court may not impose an upper term based on aggravating facts unless the facts were first presented to the factfinder and the factfinder found the facts to be true. The bill would require the court to state the reasons for its sentence choice on the record at the time of sentencing, including the specific facts in aggravation, if any, the court relied upon to impose an upper term. This bill contains other related provisions.
AB 543 (Torres D) Sex offenders: social networking prohibition.
Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/13/2011-A. APPR. SUSPENSE FILE
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 545 (John A. Pérez D) Domestic violence: corporal injury.
Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/13/2011-A. APPR. SUSPENSE FILE
Summary:
Would make those provisions apply to the infliction of that type of injury on the fiancé or fiancée of that person or on someone with whom the person has, or previously had, a dating or engagement relationship. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 648 (Block D) Clemency.
Status: 4/14/2011-Read second time. Ordered to third reading.
Location: 4/14/2011-A. THIRD READING
Summary:
Would require that, at least 30 days before the Governor acts upon any application for a commutation, the application signed by the person applying be served upon the district attorney of the county where the conviction was had. The bill would authorize the district attorney to submit a written recommendation to the Governor for or against commutation of sentence. The bill would further require the district attorney to notify the victim or victims of the crime or crimes related to the application for commutation of sentence and those persons’ family members, and allow those persons to submit a recommendation to the Governor for or against commutation of sentence. By imposing additional duties on the district attorney, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 757 (Blumenfield D) Sex offenders: public information.
Status: 4/12/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 3/7/2011-A. PUB. S.
Summary:
Would provide that with respect to those persons whose application for exclusion was granted by the department pursuant to the provisions specified above, if at any time after exclusion, any law enforcement agency notifies the department that, based on facts known to the agency about the offender, the agency believes that public safety may be compromised by the continued exclusion of the offender from public posting on the Internet Web site, the department shall, 30 days after notifying the offender, make information about the offender available to the public on the Internet Web site, as specified.
AB 764 (Swanson D) Personal income taxes: voluntary contributions: Victim-Witness Assistance Fund.
Status: 4/13/2011-Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
Summary:
Would allow an individual taxpayer to designate on the tax return, that a specified amount in excess of the tax liability be transferred to the Victim-Witness Assistance Fund. This bill contains other related provisions.
AB 765 (Achadjian R) Crimes: rape.
Status: 4/14/2011-Read second time. Ordered to third reading.
Location: 4/14/2011-A. THIRD READING
Summary:
Would instead provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim’s spouse or cohabitant , as provided. This bill contains other related provisions and other existing laws.
AB 799 (Swanson D) Commercially sexually exploited minors.
Status: 4/14/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/14/2011-S. RLS.
Summary:
Existing law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.
AB 855 (Ma D) County penalties: forensic laboratories.
Status: 4/12/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/22/2011-A. PUB. S.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, funds remaining in the county’s DNA Identification Fund may be used to reimburse a local sheriff, police, district attorney, or regional state crime laboratory for expenditures and administrative costs made or incurred for utilizing an authorized laboratory for the processing and analysis of forensic identification samples and testimony related to that analysis, as specified. This bill contains other related provisions.
AB 884 (Cook R) Sexually violent offenders: notification of offender registration by law enforcement.
Status: 4/12/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/14/2011-A. PUB. S.
Summary:
Would provide, in addition, that any law enforcement entity that is notified of the registration of a sex offender who was convicted of a sexually violent offense or a sex crime against a child under 14 years of age shall, within 5 days of the offender’s registration, be required to provide, in writing, notice and information, as specified, to all persons living within 1,000 feet of the residence of the convicted sex offender and all schools and day care centers, the services of which are available to the residents of the area where the convicted sex offender resides. By requiring local law enforcement to provide specified notice regarding specified sex offenders to specified persons and entities, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 885 (Cook R) Vehicles: driver’s licenses and identification cards: issuance and renewal: registered sex offenders.
Status: 4/11/2011-Action From TRANS.: Failed passage.
Location: 4/11/2011-A. TRANS.
Summary:
Would require the Department of Motor Vehicles to comply with certain requirements when issuing an original driver’s license or identification card, or a renewal of that driver’s license or identification card, to a person required to be registered as a sex offender, if the person was adjudicated to be a sexually violent predator or was convicted of a sex offense against a minor. The bill would require the metallic strip of the license or identification card to contain that information. In addition to any other requirement, the bill would require the applicant to provide a current photograph and address verification to the department for the original license, identification card, and each renewal. This bill contains other related provisions and other existing laws.
AB 886 (Cook R) Victim’s rights: victim impact statement.
Status: 4/14/2011-Read second time. Ordered to consent calendar.
Location: 4/14/2011-A. CONSENT CALENDAR
Summary:
Would prohibit the court from releasing the statements to the public prior to being heard in court.
AB 918 (Block D) Crimes: felonies.
Status: 4/13/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 12). Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
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 1022 (Fletcher R) Sex offenders: registration.
Status: 4/12/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/12/2011-A. APPR.
Summary:
Would expand the provisions described above relating to community notification regarding a registered sex offender by way of an Internet Web site to include, upon request, e-mail or other electronic notification. This bill contains other related provisions and other existing laws.
AB 1087 (Brownley D) Cities and counties: public safety services: contracts.
Status: 4/11/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 4/5/2011-A. L. GOV.
Summary:
Would commencing January 1, 2012, require a city that contracts with a county for public safety services through the county sheriff’s department to notify the county at least 6 months prior to the date the contract is to terminate , unless otherwise stipulated, of the city’s intent to terminate the contract, and would authorize the county to require the city to provide a comprehensive fiscal analysis relating to the ability of the city to provide public safety services, as specified. The bill would provide that if the city’s plan is not feasible, the contract may not be terminated until the city can provide a feasible plan.
AB 1373 (Fong D) Pupils: healthy relationships promotion and teen dating violence prevention.
Status: 4/13/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/13/2011-A. APPR.
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.
ACA 14 (Silva R) Governor: pardons and commutations.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-A. PUB. S.
Summary:
Would further prohibit the Governor from granting a pardon or commutation during the 30-day period immediately preceding the end of his or her term of office. The measure would provide that any pardon or commutation issued in violation of these provisions is void.
ACA 15 (Mansoor R) Governor: pardons and commutations.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-A. PUB. S.
Summary:
Would require the Governor, at least 30 days prior to granting a pardon or commutation, to provide written notice of the pardon or commutation to the agency that prosecuted the case in which the person was convicted, and to each victim of the crime or crimes for which that person was convicted. The measure would provide that any pardon or commutation issued in violation of these provisions is void.
ACR 32 (Harkey R) Child sexual abuse awareness.
Status: 4/14/2011-Be adopted, to Consent Calendar.
Location: 4/14/2011-A. CONSENT CALENDAR
Summary:
This measure would declare April 29, 2011, as the day of the annual TAALK-a-Thon sponsored by Talk About Abuse to Liberate Kids (TAALK), and would encourage all adults in California to be knowledgeable and outspoken about the prevention of child sexual abuse.
SB 13 (Correa D) Pupils: teen dating violence prevention.
Status: 4/8/2011-Set for hearing April 27.
Location: 1/20/2011-S. ED.
Summary:
Would authorize a school district to provide teen dating violence prevention education consisting of age-appropriate instruction, as developed by the state board pursuant to the bill, as part of the sexual health and health education program it provides to pupils in grades 7 to 12, inclusive. The bill would authorize a school district to use school district personnel or outside consultants who are trained in the appropriate courses to provide this additional instruction. The bill would specify the required content and criteria for this additional instruction and any associated materials if a school district elects to provide it. The bill would provide that a parent or guardian of a pupil has the right to excuse his or her child from all or part of the teen dating violence prevention education and any assessments related to it, and would prescribe the procedure for a parent or guardian to exercise that right. This bill contains other related provisions.
SB 26 (Padilla D) Prisons: wireless communication devices.
Status: 4/11/2011-Placed on APPR. suspense file.
Location: 4/11/2011-S. APPR. SUSPENSE FILE
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 54 (Runner R) Sex offenders: residency restrictions: petition for relief.
Status: 4/12/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 4/12/2011-S. PUB. S.
Summary:
Would provide that the 2,000 feet shall be measured by the shortest practical pedestrian or vehicle path. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a substantial percentage of sex offenders are unable to comply despite good faith efforts. The bill would require that, if relief is granted, it shall be narrowly crafted in order to substantially comply with the intent of the people in approving the residency requirements. This bill contains other related provisions and other existing laws.
SB 57 (Runner R) Sex offenders: social networking and online address notification requirement.
Status: 4/12/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 4/12/2011-S. PUB. S.
Summary:
Would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime , this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
SB 119 (Lowenthal D) Emergency youth shelter facilities.
Status: 4/14/2011-Set for hearing May 2.
Location: 4/12/2011-S. APPR.
Summary:
Would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified minors under 18 years of age , except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013 , as specified, which would be the only licensing standards applicable to emergency youth shelters. This bill would allow an emergency youth shelter that is operating under a group home license to apply for an immediate transfer to an emergency youth shelter license, upon adoption of the regulations required under the bill . This bill contains other related provisions and other existing laws.
SB 123 (Liu D) California Runaway, Homeless, and Exploited Youth Act.
Status: 4/13/2011-Set for hearing May 2.
Location: 4/12/2011-S. APPR.
Summary:
Would enact the California Runaway, Homeless, and Exploited Youth Act, and would require, subject to the availability of adequate resources, the California Emergency Management Agency to develop , in collaboration with the Senate Office of Research and various interested parties, a statewide plan for runaway, homeless, and exploited youth, as specified. The bill would make related findings and declarations.
SB 139 (Alquist D) Corrections: Inspector General.
Status: 4/14/2011-Set for hearing May 3.
Location: 2/10/2011-S. PUB. S.
Summary:
Would require the Inspector General to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature monthly regarding those searches, as specified.
SB 179 (Pavley D) Sex offenders: parole.
Status: 4/11/2011-Placed on APPR. suspense file.
Location: 4/11/2011-S. APPR. SUSPENSE FILE
Summary:
Provides that for any person subject to a sexually violent predator proceeding, as specified, an order issued by a judge pursuant to specified provisions, finding that the petition supports a finding of probable cause to believe that the person is likely to engage in sexually violent criminal behavior upon his or her release, shall toll the period of parole of that person, from the date that person is released until a specified court order is entered. This bill contains other related provisions and other existing laws.
SB 233 (Pavley D) Emergency services and care.
Status: 4/14/2011-Hearing postponed by committee. (Refers to 4/13/2011 hearing)
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 291 (Vargas D) Bail.
Status: 4/14/2011-Set for hearing April 26.
Location: 4/12/2011-S. PUB. S.
Summary:
Would provide that after a person has been brought back to this state by extradition proceedings, the person shall be committed to a county jail with bail set in the amount of $100,000 in addition to the amount of bail appearing on the warrant. A 48-hour noticed bail hearing, excluding weekends and holidays, would be required to deviate from this prescribed bail amount. The bill would not preclude the application of other provisions of law that authorize enhancing the bail amount for felony charges appearing on the warrant.
SB 453 (Correa D) Pupil rights: bullying: suspension and expulsion.
Status: 4/8/2011-Set for hearing April 27.
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 480 (Vargas D) Public social services: domestic violence.
Status: 4/12/2011-Set for hearing April 26.
Location: 3/3/2011-S. HUM. S.
Summary:
Would provide that in determining whether a county has failed to meet the federal work requirements, the number of cases subject to the federal work participation requirements is not to include specified cases granted a federally recognized good cause domestic violence waiver. This bill contains other related provisions and other existing laws.
SB 490 (Hancock D) Corrections: Office of the Inspector General.
Status: 4/12/2011-Set for hearing May 3.
Location: 3/3/2011-S. PUB. S.
Summary:
Would remove the Inspector General and the other employees from peace officer status, and authorize the Inspector General and certain other employees to exercise the powers of arrest and serving warrants, as provided. This bill contains other related provisions and other existing laws.
SB 492 (Correa D) Sexually violent predators: civil commitment.
Status: 4/12/2011-Withdrawn from committee. Re-referred to Com. on PUB. S.
Location: 4/12/2011-S. PUB. S.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation instead to refer to the State Department of Mental Health (DMH) for assessment any person in the custody of the CDCR, including the Division of Juvenile Facilities and persons on parole or for whom a warrant of arrest is outstanding, who has committed a sexually violent offense, as defined. The bill would also require the Director of Mental Health to identify and evaluate individuals who are in custody under the jurisdiction of the DMH and who have convictions for sexually violent offenses at least 6 months prior to their release. By increasing the responsibilities of local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
SB 531 (Rubio D) Search warrants: HIV testing.
Status: 4/8/2011-Set for hearing April 26.
Location: 3/24/2011-S. PUB. S.
Summary:
Would require, if a victim requests an HIV test of a defendant against whom an information or indictment has been presented for a crime in which, by force or threat of force, the defendant is alleged to have compelled the victim to engage in sexual activity, the HIV test to be administered not later than 48 hours after the date on which the information or indictment is presented. The bill would require the victim or, if the victim is a minor, his or her parents, to be notified of the testing results as soon as practicable. The bill would require followup HIV tests to be administered as may be medically appropriate. Because the bill would impose additional duties on local governmental entities, it would create a state-mandated local program. This bill contains other related provisions and other existing laws.
SB 534 (Corbett D) Victims of sexual assault.
Status: 4/13/2011-Set for hearing May 2.
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: 4/13/2011-Set for hearing May 2.
Location: 4/5/2011-S. APPR.
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: 4/12/2011-Do pass as amended, and re-refer to the Committee on Appropriations
Location: 4/12/2011-S. APPR.
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: 4/13/2011-Set for hearing May 2.
Location: 4/7/2011-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: 4/14/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 544.) (April 5).
Location: 4/14/2011-S. APPR.
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.
SB 861 (Corbett D) Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 4/14/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 618.) (April 12).
Location: 4/14/2011-S. APPR.
Summary:
Would prohibit a scrutinized company, as defined, from entering into a contract with a state agency for goods or services, as provided. This bill contains other related provisions.
SCR 15 (Evans D) Sexual Assault Awareness Month: Denim Day California.
Status: 4/13/2011-Withdrawn from committee. Ordered to third reading.
Location: 4/13/2011-S. THIRD READING
Summary:
Would resolve that the month of April be designated as Sexual Assault Awareness Month, would recognize April 27, 2011, as Denim Day California, and would encourage everyone to wear jeans on that day to help communicate the message that there is no excuse for, and never an invitation to, rape or sexual assault.
