Week of May 16, 2011
Below is a summary of actions filed on legislation that CALCASA is currently tracking as of May 16th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Help CALCASA push our legislative agenda by signing up and Taking Action!
AB 446 (Carter D) Juveniles: restorative justice program.
Status: 5/16/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 5/16/2011-S. RLS.
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 520 (Ammiano D) Sentencing.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Would 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 625 (Ammiano D) Sex offender registration.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Current law, the Sex Offender Registration Act, requires a person convicted of certain crimes, as specified, for the rest of his or her life while residing in California, or while attending school or working in California, as specified, to register with law enforcement as a sex offender. This bill would instead establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified.
AB 813 (Fletcher R) Sex offenders: punishment: parole.
Status: 5/19/2011-Action From CONSENT CALENDAR: Read second time.To CONSENT CALENDAR.
Location: 5/19/2011-A. CONSENT CALENDAR
Summary:
Would give board members immunity from liability for their good faith conduct. The bill would require that information submitted by a person applying for certification as a sex offender management professional do so under the penalty of perjury. Because the bill would expand the scope of the crime of perjury, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.
AB 874 (Donnelly R) Prisoners.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PRINT on 2/17/2011)
Location: 5/13/2011-A. 2 YEAR
Summary:
Current law establishes the Department of Corrections and Rehabilitation and charges it with various duties and responsibilities. Current law generally regulates the conditions of incarceration and release for prisoners confined in state prisons. This bill would express the intent of the Legislature to enact legislation relating to prisoners.
AB 881 (Cook R) Mental health: involuntary commitment: transportation.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was HEALTH on 3/17/2011)
Location: 5/13/2011-A. 2 YEAR
Summary:
Would authorize a provider of ambulance services, as defined, and the employees of those providers to further detain a person in custody for the purpose of transporting him or her to a county-designated facility, whether or not accompanied by a person otherwise authorized. The bill would also exempt from criminal and civil liability individuals transporting a person for 72-hour treatment and evaluation pursuant to this provision.
AB 898 (Alejo D) Crime victims: restitution: fine.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Would make the minimum restitution fine not less than $400 , if the person is convicted of a felony, and not less than $200 , if the person is convicted of a misdemeanor, and make other conforming changes. By increasing the amounts deposited into the Restitution Fund, this bill would make an appropriation.
AB 1060 (Hernández, Roger D) Crimes of violence: crimes at sea.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Would establish special maritime jurisdiction for crimes against persons 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 crime occurred requests the exercise of jurisdiction by this state, when the crime 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 a crime 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 current laws.
SB 55 (Runner R) Parole: placement at release: registration.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would require these inmates, if they reside in this state, to register a residential address with the sheriff of the county in which they reside within 10 days of establishing residence or changing residence, including changes of residence within the same county. The bill would make failure to register a misdemeanor. Because this bill would impose additional duties on local sheriff departments and create a new crime, it would create a state-mandated local program. This bill contains other related provisions and other current laws.
SB 57 (Runner R) Sex offenders: social networking and online address notification requirement.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
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 current laws.
SB 139 (Alquist D) Corrections: Inspector General.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would authorize the Inspector General , or its successor, 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 233 (Pavley D) Emergency services and care.
Status: 5/18/2011-Read second time and amended. Ordered to third reading.
Location: 5/18/2011-S. THIRD READING
Summary:
Would recast the definition of emergency services and care to include other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of consultation to also mean the rendering of a decision regarding hospitalization or transfer and would provide that consultation includes review of the patient’s medical record, examination, and treatment of the patient in person by a specialty physician and surgeon when determined to be medically necessary jointly by the treating physician and surgeon and the consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of when stabilization of a patient has occurred to include the opinion of other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill contains other related provisions and other current laws.
SB 242 (Corbett D) Social networking Internet Web sites: privacy: minors.
Status: 5/17/2011-Read second time and amended. Ordered to third reading.
Location: 5/17/2011-S. THIRD READING
Summary:
Would prohibit a social networking Internet Web site, as defined, from displaying to the public or other registered users any information about a registered user of that Internet Web site , other than the user’s name and city of residence, without the express agreement of the user . The bill would require a social networking Internet Web site to establish a process for new users to set their privacy settings as part of the registration process that explains privacy options in plain language, and to make privacy settings available in an easy-to-use format. The bill would require a social networking Internet Web site to remove the personal identifying information, as defined, of any registered user, and would require removal of that information regarding a user under 18 years of age upon request by the user’s parent, within 48 hours upon his or her request. This bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.
SB 285 (Correa D) Massage therapy instruction: fraud: criminal prosecutions.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.
SB 329 (Correa D) County penalties: forensic laboratories.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PUB. S. on 2/24/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Would require, for the purposes of providing supplemental funding for the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, as specified, an additional penalty to be levied in an unspecified amount in each county for the late payment of any fine, penalty, or forfeiture imposed by the courts for any violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, that is committed by the driver of a vehicle while it is in motion. Pursuant to the provisions described above, the penalty proceeds would be deposited into each county’s and the state’s DNA Identification Fund for the purposes specified above. This bill contains other related provisions.
SB 428 (Strickland R) Public safety omnibus bill.
Status: 5/17/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: 5/17/2011-S. APPR.
Summary:
Current law generally regulates governmental access to financial records. Current law provides that the dissemination of records pursuant to specified provisions shall not be prohibited. This bill would include within that category of records which the dissemination of shall not be prohibited, the dissemination of financial information and records pursuant to an order by a judge under specified authority relating to mortgage fraud. This bill contains other related provisions and other current laws.
SB 453 (Correa D) Pupil rights: bullying: school safety plans: suspension and expulsion.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would encourage , as comprehensive school safety plans are reviewed and updated, all plans, to the extent that resources are available, to include policies and procedures to ensure that appropriate strategies, resources, training, and other prevention or intervention efforts are in place to deal with the remediation and termination of bullying, as specified. This bill contains other related provisions and other current laws.
SB 480 (Vargas D) Public social services: domestic violence.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
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 current laws.
SB 490 (Hancock D) Corrections: Office of theIndependent Correctional Oversight.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would remove the Inspector General and the other employees from peace officer status. The bill would eliminate the Office of the Inspector General and replace it with its successor the Office of Independent Correctional Oversight and make conforming changes. The bill would require the Governor to appoint a director for the office, as specified, and would authorize the director and certain other employees to exercise the powers of arrest and serving warrants, as provided. This bill contains other related provisions and other current laws.
SB 531 (Rubio D) Search warrants: HIV testing.
Status: 5/16/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: 5/16/2011-S. APPR.
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 search warrant is issued . The bill would require the local health officer to disclose the HIV test results as soon as practicable. 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 current laws.
SB 557 (Kehoe D) Family justice centers.
Status: 5/17/2011-Read second time and amended. Ordered to third reading.
Location: 5/17/2011-S. THIRD READING
Summary:
Would authorize the cities of San Diego and Anaheim, and the counties of Alameda and Sonoma, until January 1, 2014, to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, officer-involved domestic violence, sexual assault, elder abuse, stalking, cyberstalking, cyberbullying, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location and to enhance victim safety, increase offender accountability, and improve access to services for victims of crime, as provided. The bill would permit the family justice centers to be staffed by law enforcement, medical, social service, and child welfare personnel, among others. This bill contains other related provisions.
SB 604 (Berryhill R) Probation.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/3/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Current law authorizes the court to grant probation to certain persons convicted of a crime. Current law provides that “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. This bill would make technical, nonsubstantive changes to the provision defining the term “probation.”
SB 756 (Price D) Sex offender registration.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person’s arrest and shall have authority to prosecute that person as specified. This bill contains other related provisions and other current laws.
SB 852 (Harman R) Corrections: victim notification.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available . This bill contains other related provisions and other current laws.
SB 856 (Walters R) Parole: domestic violence: sexual abuse: victim’s rights.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/10/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Current law requires, upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings to impose as a condition of parole for a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a spouse, farmer spouse, or other victim of domestic violence, that the parolee comply with any protective orders related to the victim, as specified. This bill would make technical, nonsubstantive changes to that provision.
SB 916 (Negrete McLeod D) Sex offenses: sexting.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/10/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Under current law, it is a felony for a person to knowingly possess or control any matter, representation of information, data, or image that involves the use of a person under 18 years of age personally engaging in or simulating sexual conduct, as defined. This bill would express the intent of the Legislature to enact legislation to address the activity commonly referred to as “sexting” as it pertains to minors.
SCR 15 (Evans D) Sexual Assault Awareness Month: Denim Day California.
Status: 5/18/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on RLS.
Location: 5/18/2011-A. RLS.
Summary:
This measure 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.
