Week of July 4, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of July 4th. 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 12 (Swanson D)   Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
Summary:
Would enact the Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011, and would require that a person who is convicted of seeking to procure or procuring the sexual services of a prostitute, if the prostitute is under 18 years of age, be ordered to pay an additional fine not to exceed $25,000 to be available upon appropriation by the Legislature to fund programs and services for commercially sexually exploited minors in the counties where the underlying offenses are committed.
AB 44 (Logue R)   Inmates: release: notification.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Current law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. This bill would require that notification be sent 60 days prior to the scheduled release date of an inmate . The bill would conform the timeline for local comments to the longer notification period, as specified. This bill contains other related provisions and other current laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 7/5/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 7/5/2011-S. APPR.
Summary:
Current law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under current law, criminal profiteering activity is defined to include specified crimes, including human trafficking. This bill would include within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act. This bill contains other related provisions and other current laws.
AB 116 (Committee on Budget)   Criminal justice realignment.
Status: 7/7/2011-In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 9 pursuant to Assembly Rule 77.
Location: 7/7/2011-A. CONCURRENCE
Summary:
Current law creates the California Council on Criminal Justice with certain powers and duties. SB 92 of the 2011-12 Regular Session would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections. This bill would restore the California Council on Criminal Justice and delay the elimination and assignment of its powers and duties to the Board of State and Community Corrections until July 1, 2012. The bill would also make other specified provisions amended by SB 92 related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. This bill contains other related provisions and other current laws.
AB 220 (Solorio D)   Interstate Compact for Juveniles.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
The Interstate Compact for Juveniles, among other things, provides for the establishment of rules and procedures for the tracking and supervision or return of juveniles and juvenile offender among compacting states. Current law makes the Interstate Compact for Juveniles operative in this state, and designates the executive director of the Correction Standards Authority as the compact administrator, until January 1, 2014. This bill would extend the operation of those provisions in this state until January 1, 2014.
AB 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Current law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting 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 current laws.
AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. 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 current laws.
AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 7/6/2011-Ordered to special consent calendar.
Location: 7/6/2011-S. CONSENT CALENDAR
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 434 (Logue R)   County penalties: forensic laboratories.
Status: 7/7/2011-Read second time. Ordered to third reading.
Location: 7/7/2011-S. THIRD READING
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: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
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: 7/1/2011-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0.).
Location: 7/1/2011-A. ENROLLMENT
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 520 (Ammiano D)   Vehicles: reckless driving: suspension of licenses.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Would terminate a driver’s license suspension, and make the person eligible for a restricted driver’s license, for a person convicted of reckless driving in satisfaction of, or substitute for, an original charge of driving-under-the-influence, if certain conditions are met, including that the person complete a 90-day suspension period and install an ignition interlock device. The bill would require the department to advise the person of the above conditions. The bill would require that the restricted driver’s license privilege be subject to certain restrictions, including that the privilege be limited to the hours necessary for driving from the person’s place of employment.
AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
Summary:
Current law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Current law permits the tenant to quit the premises after notification and limits the tenant’s obligation for payment of rent, as specified. Current law requires the notice to terminate the tenancy to be given within 60 days of the date the order was issued or the report was made, or as specified. This bill instead would require that the notice to terminate the tenancy be given within 180 days of the date the order was issued or the report was made, or as specified. The bill would also make nonsubstantive, technical corrections.
AB 648 (Block D)   Clemency.
Status: 7/6/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Would require that, at least 10 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 make reasonable efforts 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: 7/5/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/5/2011-S. APPR.
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: 7/5/2011-Chaptered by the Secretary of State, Chapter Number 51, Statutes of 2011
Location: 7/5/2011-A. CHAPTERED
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 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
Summary:
Current law establishes the rights of crime victims, witnesses, and other specified persons to appear, reasonably express his or her views, and to have the court consider his or her statements. This bill would prohibit the court from releasing the statements to the public prior to being heard in court.
AB 898 (Alejo D)   Crime victims: restitution: fine.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
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.
SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 7/5/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. 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 current laws.
SB 57 (Runner R)   Sex offenders: social networking and online address notification requirement.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would, commencing January 1, 2013, require a person who is required to register as a sex offender to provide to the law enforcement agency with which he or she last registered all of his or her online names, addresses, e-mail addresses, and instant messaging user names for all of his or her accounts on social networking Internet Web sites, as defined, at the time of original registration or any subsequent registration and within 30 days of establishing a new online name, address , or account, as specified, and would make it a misdemeanor to fail to do so. This bill 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 92 (Committee on Budget and Fiscal Review)   Budget Act of 2011.
Status: 6/30/2011-Chaptered by Secretary of State – Chapter 36, Statutes of 2011.
Location: 7/1/2011-S. CHAPTERED
Summary:
Current law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would, effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. This bill contains other related provisions and other current laws.
SB 139 (Alquist D)   Corrections: Inspector General.
Status: 7/7/2011-Set, first hearing. Referred to APPR. suspense file.
Location: 7/7/2011-A. APPR. SUSPENSE FILE
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 quarterly regarding those searches, as specified.
SB 179 (Pavley D)   Sex offenders: parole.
Status: 7/5/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would provide 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 current laws.
SB 233 (Pavley D)   Emergency services and care.
Status: 7/7/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (July 5).
Location: 7/7/2011-A. APPR.
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 consulting 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 personnel acting within their scope of practice or licensure under the supervision of a physician and surgeon. The bill would authorize the treating physician and surgeon to request to communicate directly with the consulting physician and surgeon, and would require the consulting physician and surgeon to examine and treat the patient in person when it is determined to be medically necessary, as specified. 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 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 7/7/2011-Read second time. Ordered to consent calendar.
Location: 7/7/2011-A. CONSENT CALENDAR
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 428 (Strickland R)   Lester’s Law of 2011.
Status: 7/7/2011-Read second time. Ordered to consent calendar.
Location: 7/7/2011-A. CONSENT CALENDAR
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 490 (Hancock D)   Death penalty.
Status: 7/7/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/7/2011-A. APPR.
Summary:
Would abolish the death penalty, and provide instead for imprisonment in the state prison for life without the possibility of parole. The bill would halt executions unless the voters fail to approve this bill and would provide that where a defendant or inmate was sentenced to death prior to the date of the enactment of the bill, upon voter approval of this bill, the defendant’s or inmate’s sentence would automatically be converted to life imprisonment without the possibility of parole. The bill would state findings and declarations of the Legislature regarding the death penalty. The bill would provide that it would only become effective if certain of its provisions are submitted to and approved by the electors at the next statewide general election.
SB 557 (Kehoe D)   Family justice centers.
Status: 7/7/2011-Read second time and amended. Ordered to second reading.
Location: 7/7/2011-A. SECOND 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 or dependent adult 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 would require each family justice center to consult with community-based crime victim agencies, survivors of violence and abuse, and their advocates in the operation of the family justice center and to develop a procedure for input, feedback, and evaluation of the family justice center. This bill contains other related provisions.
SB 576 (Calderon D)   Sentencing.
Status: 7/7/2011-Set, first hearing. Referred to APPR. suspense file.
Location: 7/7/2011-A. APPR. SUSPENSE FILE
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. 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. Current 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. Current 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, 2014 , 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: accountability report.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a Corrections Accountability Report containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies, overtime, sick leave; and the number of authorized staff positions, and the average length of lockdowns , on January 10, March 15, and a fiscal year-end report, and to post those reports on the department’s Internet Web site , as provided .
SB 622 (Corbett D)   Sex offenders: registration.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Current law, the Sex Offender Registration Act, requires persons who have been convicted of specified crimes to register as sex offenders, including persons who have been convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as one or more specified sex crimes. This bill 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 convicted 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 current laws.
SB 756 (Price D)   Sex offender registration.
Status: 7/7/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/7/2011-A. APPR.
Summary:
Current law requires persons who are subject to the Sex Offender Registration Act to, upon release from incarceration, placement, commitment, or release on probation, register or reregister with the chief of police of the city in which he or she is residing, or in which he or she is present if a transient, or the sheriff of the county if he or she is residing or is present in an unincorporated area or city that has no police department, as specified. A violation of the registration requirement is an offense that may be punished as a misdemeanor, or as a felony if additional circumstances exist. The bill 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.
SB 852 (Harman R)   Corrections: victim notification.
Status: 7/5/2011-Do pass, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.
Location: 7/5/2011-A. CONSENT CALENDAR
Summary:
Current law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Current law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill 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 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 7/6/2011-Action From J., E.D. & E.: Do pass.To APPR..
Location: 7/7/2011-A. APPR.
Summary:
Current law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies. This bill 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.