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AGENDA ITEM REPORT

Title: Report on Legislative Updates
REPORT PROFILE
MEETING DATE
10/27/2016
BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Ralph Brown
REVIEWED BY (PRINT NAME)
Stephanie Scofield
REPORT DATE
09/12/2016
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
09/27/2016
PURPOSE
Information Only
FINANCIAL IMPACT
No

ISSUE:
N/A
BACKGROUND:
N/A
ANALYSIS:

Bill status as of September 12, 2016:

SB 759 (Anderson) – Prisoners: segregation housing. This bill repeals provisions regarding ineligibility to earn credits and instead requires the department (Department of Corrections), no later than July 1, 2017, to establish regulations to allow specified inmates placed in segregation housing to earn credits during the time he or she is in segregation housing. -- Chaptered, August 25, 2016.

SB 875 (Gaines) – Solemnization of marriage: county sheriff. This bill authorizes a county sheriff, while that person holds office, to solemnize a marriage. The bill would delete the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would make conforming changes. -- Chaptered, August 26, 2016.

SB 882 (Hertzberg) – Crimes: public transportation: minors. Existing law makes it an infraction or a misdemeanor to evade the payment of a fare on a public transit system, to misuse a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or to use a discount ticket without authorization or fail to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket. This bill would prohibit a minor from being charged with an infraction or a misdemeanor for those acts. -- Chaptered, August 22, 2016.

AB 51 (Quirk) – Vehicles: motorcycles: lane splitting. This bill defines “lane splitting” as driving a motorcycle, that has 2 wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, as specified. The bill authorizes the Department of the California Highway Patrol to develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist, drivers, and passengers, as specified. -- Chaptered, August 19, 2016.

AB 66 (Weber) – Peace officers: body-worn cameras. The bill would prohibit a peace officer employed by a law enforcement agency that requires a body-worn camera to be used by its peace officers from, among other things, making copies of any body-worn camera files for his or her personal use, or using a recording device such as a telephone camera or secondary video camera to record a body-worn camera file or image. -- Died in Assembly Appropriations.

AB 385 (Chu) – Daylight Savings Time. This bill would repeal the Daylight Saving Time Act and would require the standard time within the state to be that of the 5th zone designated by federal law as Pacific Standard Time. -- Died in the Senate.

AB 450 (Cooley) – Firearms: concealed carry license. This bill would require the local licensing authority to charge the fee and would additionally require the fee to include the costs of issuing the license and enforcement of the license. The bill would delete the prohibition on charging more than $100. -- Vetoed by Governor, September 26, 2016.

AB 567 (Gipson) – Medical cannabis: regulation and taxation annesty. This bill would require the State Board of Equalization to administer a tax penalty amnesty program during the period beginning on July 1, 2017, through December 31, 2017, inclusive, for medical cannabis-related businesses, as provided. The bill would define a medical cannabis-related business for these purposes as a person that engages in the sale of cannabis for medical purposes to qualified patients or the primary caregivers of qualified patients pursuant to the Compassionate Use Act or the Medical Marijuana Program. -- Vetoed by Governor, September 29, 2016.

AB 797 (Steinorth) – Motor vehicle: rescue or provision of care for animal: civil and criminal liability. This bill would expand the authorization and requirements applicable to a peace officer, humane officer, or animal control officer described above to include a firefighter or other emergency responder. The bill would additionally provide that a person may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal removed from the vehicle. -- Chaptered, September 24, 2016.

AB 898 (Gonzalez) – Parole suitability: notice. This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board or the Department of Corrections and Rehabilitation to provide notice of the parole suitability hearing to the fire department that employed the firefighter, if that fire department registers with the board to receive that notification and provides the appropriate contact information. [Similar process already in place for peace officers.] -- Chaptered, August 22, 2016.

AB 1564 (Williams) – Emergency services: wireless 911 calls: routing. Among other things, the bill authorizes “911” calls from commercial mobile radio service telecommunications devices to be routed to a public safety answering point other than the Department of the California Highway Patrol (CHP) only if the alternate routing meets specified requirements. The bill repeals similar provisions regarding wireless “911” calls in the Public Utilities Code. -- Chaptered, August 30, 2016.

AB 1575 (Bonta) – Medical cannabis. Existing law requires the classification of goods and services to conform to the classifications adopted by the United States Patent and Trademark Office. This bill would, notwithstanding that provision, for purposes of those marks for which a certificate of registration is issued on or after January 1, 2017, authorize the use of specified marks related to medical cannabis goods and services that are lawfully in commerce in the state. -- In committee, held under submission.

AB 1662 (Chau) – Unmanned aircraft systems: accident reporting. This bill would require, except as specified, the operator of any unmanned aircraft system involved in an accident resulting in injury to an individual or damage to property to immediately land the unmanned aircraft at the nearest location that will not jeopardize the safety of others and provide certain information to the injured individual or the owner or person in charge of the damaged property or place that information in a conspicuous place on the damaged property. -- Vetoed by Governor, September 29, 2016.

AB 1671 (Gomez) – Confidential communications: disclosure. This bill would make it a crime for a person who unlawfully eavesdrops upon or records a confidential communication as described with a health care provider, as defined, to intentionally disclose or distribute the contents of the confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would not apply if the confidential communication is disclosed solely to law enforcement for investigative purposes. -- Chaptered, September 30, 2016.

AB 1680 (Rodriguez) – Crimes: emergency personnel. This bill would include, for purposes of these provisions [stopping at the scene of an emergency], prohibit the operation or use of an unmanned aerial vehicle, remote piloted aircraft, or drone, regardless of the operator’s location, in the definition of a person. -- Chaptered, September 29, 2016.

AB 1705 (Rodriguez) – Jails: searches. This bill would allow law enforcement personnel to subject a person who is arrested and taken into custody to a body scanner search for those weapons or substances. The bill would require an agency utilizing a body scanner to endeavor to avoid knowingly using a body scanner to scan a woman who is pregnant. The bill would require a person within sight of the visual display of a body scanner depicting the body during a scan to be of the same sex as the person being scanned, except for physicians or licensed medical personnel. [This bill was sponsored by Cal Sheriffs.] -- Chaptered, August 22, 2016.

AB 1708 (Gonzalez) – Disorderly conduct: prostitution. The bill would provide that committing disorderly conduct by soliciting or agreeing to provide compensation is punishable by a fine of not less than $250 but not exceeding $1,000, and imprisonment in a county jail for not less than 72 hours, or if probation is granted, not less than 48 hours, as specified, and not exceeding 6 months. -- Vetoed by Governor, September 27, 2016.

AB 1731 – Human trafficking: Statewide Interagency Human Trafficking Task Force. This bill would create the Statewide Interagency Human Trafficking Task Force within the Department of Justice, which would consist of representatives from several state agencies and be chaired by a representative from the Department of Justice. The bill would require the task force to gather statewide data on sex and labor traffickers, sex buyers, and human trafficking victims to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter human trafficking and to evaluate and implement approaches to increase public awareness about human trafficking. The bill would authorize the task force to create an advisory committee or advisory committees comprised of subject matter experts, as provided. -- In committee, held under submission.

AB 1751 (Low) – Secondhand goods. This bill would define “CAPSS” as the California Pawnbroker and Secondhand Dealer System, which is the single, statewide, uniform electronic reporting system operated by the Department of Justice. The bill would eliminate the requirement that a secondhand dealer send reports on paper forms. -- Chaptered, September 29, 2016.

AB 1761 (Weber) – Human trafficking: victims: affirmative defense. This bill would create an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a human trafficking victim at the time of the offense and had reasonable fear of harm. -- Chaptered, September 26, 2016.

AB 1762 (Campos) – Human trafficking: victims: vacating convictions. This bill would allow an individual convicted of a nonviolent crime that was a direct result of the individual being a human trafficking victim to apply to the court to vacate the conviction if the individual is not then in custody and has either not been convicted of any crime for two years or has successfully completed probation for the crime. -- Vetoed by Governor, September 26, 2016.

AB 1785 (Quirk) – Vehicles: use of wireless electronic devices. This bill would prohibit a person from driving a motor vehicle while holding and operating a handheld wireless telephone or a wireless electronic communication device, as defined. The bill would authorize a driver to operate a handheld wireless telephone or a wireless electronic communications device in a manner requiring the use of the driver’s hand only under specified conditions [e.g., GPS]. -- Chaptered, September 26, 2016.

AB 1798 (Cooper) – Firearms: imitation firearms: gun-shaped phone cases. This bill specifies that the definition of imitation firearm described above includes, but is not limited to, a protective case for a cellular telephone that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. -- Chaptered, August 26, 2016.

AB 1843 (Stone) – Applicants for employment: criminal history. This bill would prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. -- Chaptered, September 27, 2016.

AB 1869 (Melendez) – Theft: firearms. This bill would amend Prop47 by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. -- Held in Senate Appropriations under submission.

AB 1940 (Cooper) – Peace officers: body-cameras: policies and procedures. This bill would require a law enforcement agency, department, or entity, if it employs peace officers and uses body-worn cameras for those officers, to develop a body-worn camera policy. The bill would require the policy to allow a peace officer to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding. -- Failed Senate Public Safety Committee.

AB 2083 (Chu) – Interagency child death review. This bill would authorize the voluntary disclosure of specified information, including mental health records, criminal history information, and child abuse reports, by an individual or agency to an interagency child death review team. -- Chaptered, September 12, 2016.

AB 2147 (Eggman) – Vehicles: impoundment: prostitution. This bill would provide that a vehicle used in the commission of a crime related to prostitution by a person buying or attempting to buy sexual services is a nuisance subject to an impoundment period of up to 30 days. -- Vetoed by Governor, September 27, 2016.

AB 2148 (Holden) – Unmanned aircraft systems: operation or use within or over state-managed lands or waters. This bill would make it unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, lands or waters managed by the Department of Fish and Wildlife and Department of Parks and Recreation, except as authorized or unless exempted from this prohibition. -- Vetoed by Governor, September 29, 2016.

AB 2165 (Bonta) – Firearms: prohibitions: exemption. This bill would also make the above prohibition inapplicable to the sale or purchase of a handgun if the handgun is sold to, or purchased by, specified entities or sworn members of those entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training [PC832 or greater]. -- Chaptered, September 26, 2016.

AB 2195 (Bonilla) – Crimes: felony murder: data. This bill would require the district attorney of each county to collect data on the number of persons charged with and convicted of felony murder, disaggregated by race and gender, and, beginning July 1, 2017, to report that data to the Department of Justice. The bill would require the Department of Justice, beginning July 1, 2018, to include the most recent data collected and reported pursuant to that provision in the report described above relating to homicide data. -- Failed Assembly Public Safety.

AB 2199 (Campos) – Sexual offenses against minors: persons in a position of authority. This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. -- Failed Senate Appropriations.

AB 2228 (Cooley) – Code enforcement of officers. This bill requires the Board of Directors of the California Association of Code Enforcement Officers (CACEO) to develop and maintain standards for the designation of Certified Code Enforcement Officers or CCEOs. The bill also requires the board to designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation.  The bill also requires the board to qualify cities, counties, cities and counties, and accredited educational institutions as Certified Code Enforcement Officer Education Program Providers, and would require all students, participants, or employees who successfully pass the minimum education and certification requirements to be granted CCEO status in an equivalent manner as applicants who attain certification through the CACEO. [Perhaps we should be ready offer assistance to CACEO if asked to do so.] -- Chaptered, August 30, 2016.

AB 2296 (Low) – Digital signatures. This bill expresses the intent of the Legislature to clarify that a digital signature may be used to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. The bill, for purposes of the Uniform Electronic Transactions Act, provides that an electronic signature includes a digital signature under the above described provisions of the Government Code and that a digital signature under those provisions is a type of an electronic signature as set forth in the Uniform Electronic Transaction Act. -- Chaptered, August 19, 2016.

AB 2298 (Weber) – Criminal gangs. This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department’s Internet Web site. -- Chaptered, September 28, 2016.

AB 2361 (Santiago) – Peace officers: independent institutions of higher education: security officers. It would make a person regularly employed as a security officer of the University of Southern California a peace officer during the course and within the scope of his or her employment with the University of Southern California. It would require the University of Southern California to enter into a memorandum of understanding with the local law enforcement agency to implement the authority granted by the bill. The bill would require peace officers designated pursuant to its provisions to complete the course of training prescribed by the Commission on Peace Officer Standards and Training. -- Chaptered, September 14, 2016.

AB 2524 (Irwin) – OpenJustice Data Act of 2016. This bill would instead require the department to make available to the public information relating to criminal statistics through the department’s OpenJustice Web portal, to be updated at least once per year, without requiring an increase in the frequency of reporting by local agencies. The bill would require the department to evaluate, on an annual basis, the progress of the transition from summary crime reporting to incident-based crime reporting and to report its findings to the Legislature annually through 2019. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal. -- Chaptered, September 21, 2016.

AB 2590 (Weber) – Sentencing: restorative justice. This bill would instead make legislative findings and declarations that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice. The bill would amend the above legislative findings and declarations to remove the provision relating to determinate sentences and to state that educational, rehabilitative, and restorative justice programs should be available, as specified, and would encourage the department to allow all eligible inmates the opportunity to enroll in programs that promote successful return to the community. -- Chaptered, September 27, 2016.
RECOMMENDATION:
This report is presented for information only.  No action is required.
 
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