Week of June 6, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of June 6th. 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 13 (Knight R)   Public school volunteers.
Status: 6/8/2011-Referred to Coms. on ED. and PUB. S.
Location: 6/8/2011-S. 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 agency 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 that involves a minor 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 , but would provide that a person would not be prohibited from serving as a nonteaching volunteer aide solely because of a conviction of a controlled substance offense that involves a minor or a violent or serious felony 5 years after the date of that conviction . This bill contains other current laws.
AB 90 (Swanson D)   Human trafficking: minors.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
Summary:
Would provide that a person who deprives or violates another person’s liberty with the intent to effect or maintain the felony of making available to another person a person under 16 years of age for the purpose of any lewd or lascivious act, or the felony of the procurement of minors in the preparation of material depicting sexual conduct by a minor, is guilty of human trafficking. This bill contains other related provisions and other current laws.
AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 6/8/2011-Read second time. Ordered to third reading.
Location: 6/8/2011-S. THIRD READING
Summary:
Current law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if he or she is not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. This bill 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 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
Summary:
Would require a defendant who is being released prior to sentencing by county jail personnel, pursuant to a court order or policy mandating the release of inmates, to sign a release agreement with the same requirements as those pertaining to a defendant who is released under his or her own recognizance, including the defendant’s promise to appear at the time and place he or she is given in writing by the jail personnel at the time of release. This bill contains other related provisions and other current laws.
AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
Summary:
Would require the Crime Laboratory Review Task Force force to be reconvened and to submit to the Legislature a supplemental report, on or before July 1, 2013, that includes a proposal regarding the composition of a statewide oversight body to perform tasks relating to crime laboratories, including overseeing investigations into acts of misconduct or negligence committed by any employee or contractor of a crime laboratory, as specified . The bill would include a statement of legislative findings and declarations .
AB 288 (Fong D)   Public postsecondary education: community colleges: expulsion hearing.
Status: 6/8/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 6/8/2011-S. APPR.
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 current laws.
AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was APPR. on 5/27/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Current law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study. This bill 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 current laws.
AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. 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 current laws.
AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 6/7/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 7). Re-referred to Com. on APPR.
Location: 6/7/2011-S. APPR.
Summary:
Current law provides for enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, and further provides that assets or property may be preserved by the court, as specified, in order to pay restitution and fines imposed in connection with those enhanced penalties. This bill 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 current laws.
AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 6/7/2011-In committee: Hearing postponed by committee. (Refers to 6/7/2011 hearing)
Location: 5/26/2011-S. 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 454 (Silva R)   Protective orders: early termination.
Status: 6/8/2011-Read second time. Ordered to third reading.
Location: 6/8/2011-S. THIRD READING
Summary:
Would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice , as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.
AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
Summary:
Under current law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, is guilty of a felony, punishable as specified. This bill 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 current laws.
AB 593 (Ma D)   Domestic violence: battering: writ of habeas corpus.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was PUB. S. on 4/26/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Current 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: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 6/2/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Would establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified. The bill would require that by January 1, 2017, as specified, a tier level be assigned to every person registered as a sex offender, except a person who has not registered after January 1, 1996, unless that person registers again.
AB 630 (Hueso D)   Pupil safety: bullying.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was ED. on 4/27/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Would express the intent of the Legislature to encourage school districts , at their discretion, to establish programs, to be integrated into the regular curriculum during National Bullying Prevention Month and throughout the year , to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils and school staff. This bill contains other related provisions.
AB 648 (Block D)   Clemency.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
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 current laws.
AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Child Victims of Human Trafficking Fund.
Status: 6/8/2011-Referred to Com. on GOV. & F.
Location: 6/8/2011-S. G. & F.
Summary:
Current law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill 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 Child Victims of Human Trafficking Fund established in the State Treasury . This bill contains other related provisions.
AB 799 (Swanson D)   Commercially sexually exploited minors.
Status: 6/8/2011-Read second time. Ordered to third reading.
Location: 6/8/2011-S. THIRD READING
Summary:
Current 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 898 (Alejo D)   Crime victims: restitution: fine.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
Summary:
Would make the minimum restitution fine not less than $300 , if the person is convicted of a felony, and not less than $150 , 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: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
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.
AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was PUB. S. on 4/4/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Current law requires that for a person granted probation for a conviction of domestic violence, the terms of the probation are required to include, among other things, a minimum period of probation of 36 months, notice to the victim of the disposition of the case, and successful completion of a batterer’s program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period not less than one year. This bill would provide that the probation department shall be immune from liability for good faith conduct taken under these provisions. This bill contains other current laws.
SB 233 (Pavley D)   Emergency services and care.
Status: 6/9/2011-Referred to Com. on HEALTH.
Location: 6/9/2011-A. HEALTH
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: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was THIRD READING on 6/2/2011)
Location: 6/3/2011-S. 2 YEAR
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 96 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: 6/9/2011-Referred to Com. on PUB. S.
Location: 6/9/2011-A. PUB. S.
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 453 (Correa D)   Pupil rights: bullying: school safety plans: suspension and expulsion.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was APPR. SUSPENSE FILE on 5/24/2011)
Location: 6/3/2011-S. 2 YEAR
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 557 (Kehoe D)   Family justice centers.
Status: 6/9/2011-Referred to Coms. on PUB. S. and JUD.
Location: 6/9/2011-A. PUB. S.
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 576 (Calderon D)   Sentencing.
Status: 6/9/2011-Referred to Com. on PUB. S.
Location: 6/9/2011-A. PUB. S.
Summary:
Current 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. 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.