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Death Penalty
Domestic Violence
Sex Offenders
Gang Violence
Child Abuse
Other Crimes and Sentencing
Controlled Substances
Drunk Driving Vehicle Code
Procedural
Juvenile Justice
Weapons
Trial Court Funding Reform
Other Courts and Judges
Juries
Attorneys
Victims' Rights
Prisons and Prisoners
Law Enforcement
Family Law
Civil Law

Death Penalty

As of January 28, 1997, 151 of the 469 prisoners on death row lack counsel either for purposes of the direct appeal or state habeas proceedings. Under existing law, the Office of the State Public Defender or private counsel recruited by the Supreme Court's Automatic Appeals Monitor are assigned death penalty cases. The State Public Defender is currently handling 27 capital offenders and 28 state capital habeas corpus petitions and 1 federal habeas corpus petition, the rest are being handled by private counsel. The State Public Defender has been stretched as far as her budget will allow and many qualified private counsel are unwilling to accept new cases because of the low rate of compensation authorized by the Supreme Court.

In response to the situation, SB 513 (Lockyer-D) was passed to encourage the Supreme Court to raise the compensation rate for appointed counsel and create the California Habeas Resource Center in the judicial branch to represent indigent death row inmates to comply with federal requirements for expedited federal habeas corpus procedures. It became Chapter 869, Statutes of 1997.

Similar legislation concerning the issue were SB 991 (Calderon-D), in Senate Appropriations Committee; SB 1088 (Lockyer-D), in Conference; and AB 1471 (Pacheco-R), in Assembly Appropriations Committee.

Other death penalty legislation:

SB 351 (Peace-D) Murder: sexual assault

Includes, within special circumstances in a murder case, a murder that was committed in the commission or attempted commission of aggravated sexual assault on a child.

(In Senate Public Safety Committee)

SB 469 (Rainey-R) Death penalty cases

Provides that in a multiple murder death penalty case, the jurisdiction for any murder charged is in any county that has jurisdiction for one or more of the alleged murders.

(In Assembly Public Safety Committee)

SB 513 (Lockyer-D) Appellate representation: State Public Defender

Provides for legal representation of indigent death row inmates to reduce the backlog of capital cases and to begin to comply with federal requirements for expedited federal habeas corpus procedures. Creates the California Habeas Resource Center in the Judicial Branch to represent indigent death row inmates in habeas corpus proceedings.

(In Assembly Public Safety Committee)

AB 566 (McClintock-R) Death penalty: witnesses to execution

Requires the warden to invite the members of the immediate family of the victim or victims of a defendant to be present at the execution of a judgment of death.

Chapter 100, Statutes of 1997

Domestic Violence

SB 115 (Burton-D) Domestic violence: elimination of civil compromise

Eliminates civil compromise in domestic violence cases.

Chapter 18, Statutes of 1997

SB 165 (Solis-D) Domestic violence: unemployment compensation

Allows persons to qualify for unemployment insurance if they leave employment to protect their children or themselves from domestic violence abuse. Prohibits charging benefit payment paid in this situation to the account of the individual employer.

(In Senate Appropriations Committee)

SB 215 (Alpert-D) Criminal procedure: continuance of proceeding

Provides that good cause for continuances in criminal cases expressly includes cases involving allegations of domestic violence.

Chapter 69, Statutes of 1997

SB 341 (Watson-D) Domestic violence training

Requires training regarding domestic violence for every state employee, county employee, contractor, or subcontractor who works with applicants for, and recipients of, public assistance programs. Requires the State Department of Social Services to form an advisory committee consisting of designated representatives to establish a statewide training curriculum, and lists the minimum elements to be included in the curriculum. Specifies that training must include at least 8 hours of introductory training and an annual 4-hour refresher. Specifies that all employees on staff by January 1, 1999 must complete the training by a date designated by the committee and that employees hired after January 1, 1999 must receive training within 2 months of hiring.

(In Senate Appropriations Committee)

SB 350* (Lee-D) Violence against women

Appropriates $11,453,000 from the monies received from the federal government pursuant to the STOP (Services-Training-Officers-Prosecutors) Violence Against Women Formula Grant Program that implements a portion of the Violence Against Women Act of 1994.

Chapter 9, Statutes of 1997

SB 489 (Alpert-D) Domestic violence victims: confidential address

Allows, beginning July 1, 1998, a victim of domestic violence to apply to the Secretary of State (SOS) for participation in the Address Confidentiality for Victims of Domestic Violence Program. Provides that participants be given a designated address by the SOS to be used for the purposes of service of process and receipt of mail. Requires the SOS to certify the applicant as a program participant for 4 years and forward mail to the participant's true address. Specifies that a person who provides false information on the application is guilty of a misdemeanor.

Allows participants to request that their address and phone number not be disclosed on voter lists and affidavits, and places the participant in "absent voter" status. Allows access to this otherwise confidential information to law enforcement agencies or others directed by court order.

(In Senate Appropriations Committee)

SB 564 (Solis-D) Domestic violence: visitation

Authorizes the court, in a Domestic Violence Prevention Act action, to issue a temporary custody or visitation order, on an ex parte basis, to unmarried parents who have legally established a parent-child relationship. Specifies that the parties are to inform the court if any custody or visitation orders have already been issued in any other proceeding.

Chapter 396, Statutes of 1997

SB 1001 (Hayden-D) Public social services

Requires each county to screen applicants for AFDC in order to identify those persons with a history of having been a victim of domestic violence for referral to counseling and supportive services. Provides an exemption from GAIN and various other AFDC requirements for those identified as having such a history. Exempts persons with histories of domestic violence from having to assign to the state rights to child support paid on behalf of the children while the person is receiving assistance or to cooperate in the establishment and collection of child support.

(In Senate Appropriations Committee)

SCR 20 (Solis-D) Domestic Violence Awareness Month

Designates October 1997 as Domestic Violence Awareness Month.

Resolution Chapter 95, Statutes of 1997

AB 45 (Murray-D) Domestic violence: expansion of statute

Expands the bail deviation statute for felonies to include specified domestic violence-related misdemeanors.

Chapter 847, Statutes of 1997

AB 75 (Alby-R) Victims of crime: reports of injuries

Requires that a standardized form developed by the State Department of Justice be used for reporting domestic violence and firearm assault cases.

(On Senate Inactive File)

AB 102 (Cunneen-R) Domestic violence: procedures

Requires the court, in domestic violence cases witnessed by children, to consider the fact that the crime was witnessed by a minor as a circumstance in aggravation of the crime.

Chapter 848, Statutes of 1997

AB 191 (Napolitano-D) Domestic violence: pilot project

Creates a pilot project allowing Los Angeles County school districts to incorporate domestic violence prevention into existing curriculum for grades 7 to 12. Appropriates $100,000 from the General Fund to the Los Angeles County Board of Education, of which $90,000 is for training and $10,000 for independent evaluation of the program. Sunsets June 30, 2000.

(In Senate Appropriations Committee)

AB 200 (Kuehl-D) Child custody

Declares that it is the policy of this state that the health, safety, and welfare of children shall be the court's primary concern in determining the best interests of the children when making orders regarding custody or visitation, and that perpetration of domestic violence in a household where a child resides is detrimental to the child. Requires, where allegations about a parent regarding drug or alcohol abuse or domestic violence have been brought to the attention of the court in the current proceeding and the court makes an order for sole or joint custody to that parent, the court to state its reasons in writing or on the record.

Chapter 849, Statutes of 1997

AB 243 (Honda-D) Comprehensive statewide domestic violence program

Adds language to the list of enumerated services required through the comprehensive statewide domestic violence program.

(On Senate Inactive File)

AB 260 (Alby-R) Custody of a minor

Prohibits a parent from being granted custody of a child if the parent is convicted in a court of criminal jurisdiction of the unlawful killing of the other parent. Prohibits a parent from being granted custody of a child if the parent is found liable for the wrongful death with malice of the other parent or found liable pursuant to a cause of action surviving the death of the parent for an act committed with malice against that parent, and the parent has been convicted of domestic violence against the other parent. Provides that if there is no domestic violence conviction, there would be a rebuttable presumption against the granting of custody to a parent when the parent is found liable for the wrongful death with malice of the other parent or found liable pursuant to a cause of action surviving the death of the parent for an act committed with malice against the parent.

(In Assembly Judiciary Committee)

AB 273 (Sweeney-D) Probation: counseling program

Requires a defendant who is placed in a counseling program as a condition of probation for a child or family abuse case to pay all reasonable fees due the counseling program before the terms of probation can be lifted, subject to the maximum time the defendant may otherwise be retained on probation, with specified exceptions.

Chapter 134, Statutes of 1997

AB 285 (Honda-D) Domestic violence and sexual assault prevention

Establishes various requirements for information, training, and pupil instruction on domestic violence and sexual assault.

(In Assembly Education Committee)

AB 340 (Alby-R) Domestic violence

Provides that restraining or protective orders issued in cases of domestic violence take precedence over any conflicting civil orders affecting the parties, as specified.

Chapter 48, Statutes of 1997

AB 350 (Firestone-R) Stalking: emergency protective orders

Establishes a procedure for obtaining an emergency protective order in stalking cases, as specified.

Chapter 169, Statutes of 1997

AB 493 (Brown-D) Name changes: procedures

Exempts victims of domestic abuse from having their names published when they request a legal name change.

(In Senate Judiciary Committee)

AB 520 (Brown-D) Domestic violence: training for probation

Requires all probation officers, whose job duties bring them into contact with either offenders or victims of domestic violence, to take 16 hours of domestic violence training and coursework as part of their annual training requirement within their first 2 years of employment. Requires these probation officers, after completing initial 16 hours of training and coursework, to complete at least 8 hours, every 2 years, of training and coursework in the area of domestic violence as part of their annual training requirement.

Vetoed by the Governor

AB 588 (Figueroa-D) Insurance: domestic violence

Prohibits discrimination by property and casualty insurers based on the domestic violence status of the applicant or insured.

Chapter 845, Statutes of 1997

AB 649 (Napolitano-D) Insurance: domestic violence

Prohibits discrimination by life insurers based on the domestic violence status of the applicant or insured.

Chapter 176, Statutes of 1997

AB 714 (Kuehl-D) Domestic violence: reporting

Removes a health practitioner's reporting mandate for police notification when it is against a domestic violence patient's self-assessment of her/his safety concerns and best interests, except when a person suffers from an injury inflicted by a firearm or his or her own act.

(On Assembly Inactive File)

AB 812* (Scott-D) Domestic violence: marriage license fees

Increases marriage license fees by $10 to increase funding for domestic violence prevention.

(On Assembly Inactive File)

AB 880 (Hertzberg-D) Domestic violence: minors

Revises the definition of "domestic violence" to include any minor who is abused, as specified.

(In Assembly Public Safety Committee)

AB 1531 (Shelley-D) Domestic violence: local fees

Increases, from $23 to $24, the marriage license fee required to be collected for domestic violence centers.

(In Assembly Judiciary Committee)

AB 1532 (Shelley-D) Interpreters for victims

States the intent of the Legislature, in the Budget Act of 1997, to appropriate $145,000 from the General Fund for an interpreter program to be administered by the San Francisco District Attorney's Office and other local law enforcement agencies in San Francisco to aid in the prosecution of cases involving domestic violence, sexual assault, child molestation and child abuse.

(On Assembly Inactive File)

AB 1542* (Ducheny-D) Welfare reform: domestic violence

Exempts from work requirements of the welfare reform act, as specified, victims of domestic violence, if participation places family at-risk.

Chapter 270, Statutes of 1997

Sex Offenders

SB 314 (Ayala-D) Sex offenders: registration

Expands the list of sex offenses for which minors must register as sex offenders, as specified.

Chapter 819, Statutes of 1997

SB 536* (Mountjoy-R) Sexually violent predators

Requires the State Department of Mental Health to notify local law enforcement officials 15 days prior to a court recommendation for community outpatient treatment or unconditional release of a sexually violent predator or its recommendation not to pursue re-commitment of the person.

Provides that no person may be placed in a state hospital pursuant to provisions of civil commitment statute until there has been a determination, as specified, that there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior.

Specifies that until January 1, 1999:

A 2-year period of commitment shall commence on the date upon which the court issues the initial order of the commitment;
The 2-year period shall not be reduced by any time spent in a secure facility prior to the order of commitment; and
For subsequent extended commitments, the term of commitment shall be from the date of the termination of the previous commitment.

Continues in effect provisions added by AB 1496 (Sher), Chapter 4, Statutes of 1996, to permit the Board of Prison Terms to order a person who has been referred to the State Department of Mental Health for evaluation to remain in custody for no more than 45 days for evaluation in those circumstances when the restoration of credits to the person's term of imprisonment renders the normal time frames for sexually violent predator commitment impracticable.

(On Assembly Inactive File)

SB 882 (Schiff-D) Sex offender registration: transients

Requires persons subject to sex offender registration, who have no residence address, to update his or her registration, as specified.

Double-joined with AB 290 (Alby), AB 1303 (Miller), and SB 314 (Ayala).

Chapter 820, Statutes of 1997

SB 939 (Schiff-D) Sex offenders: jurisdiction

Provides that it is a crime to flee to this state with the intent to avoid prosecution for a specified sex offense that has been charged in another state. Provides that it be a crime to flee to this state with the intent to avoid custody or confinement for a specified sex offense that has been committed in another state. Provides that any person who is convicted of specified sex offenses, and that crime is committed after fleeing to California to avoid confinement or prosecution for a sex crime committed in the state from which they fled, will receive, in addition and consecutive to the punishment for that conviction, an additional term of 2 years.

Chapter 207, Statutes of 1997

SB 1078 (Lockyer-D) Sex offenders: release of information

Extends the "900" registered sex offender telephone program for 3 years to January 1, 2001. Requires the State Department of Justice to prepare an informational pamphlet for mailing to persons calling the "900" number who provide an address. Extends the sex offender CD-ROM program by 2 years to January 1, 2001.

Double-joined with SB 314 (Ayala), AB 59 (Brown), and AB 290 (Alby).

Chapter 822, Statutes of 1997

SB 1254 (Calderon-D) Child Endangerment Protection Act of 1997

Requires, until January 1, 2003, the registration of high-risk sex offenders to include a voice sample suitable for voice identification and verification, and requires the State Department of Justice to determine the registrant's location by means of voice identification and verification, and to forward data retrieved from this tracking program to the local law enforcement agency or agencies that have current jurisdiction over the person's residence.

Requires a high-risk sex offender to comply with the voice identification and verification requirement prior to release, discharge or parole, whichever occurs first, and requires life-time registration on a weekly basis, as specified, or less frequently if so ordered by a court, according to certain procedures.

Provides it is a misdemeanor, punishable by up to 6 months in county jail and a fine of up to $1,000, to willfully violate a registration requirement.

Requires the telephone calls to be placed from the registrant's residence, the registrant's place of employment or any law enforcement office and requires a report to the Legislature of the findings of the success of this bill, as specified, and adds legislative intent regarding training for those who report child abuse or neglect.

Provides that after 6 months from the date of the initial registration by voice identification and verification, and every 6 months thereafter, a court, upon petition, may make a determination that another frequency of calling is more appropriate. Specifies that a change in the frequency of calling shall not be more frequent than once a week or less frequent than once a year.

Appropriates $138,000 from the General Fund to the State Department of Justice for the 1997-98 fiscal year for implementation of the bill's provisions.

(In Conference Committee)

AB 165 (Morrissey-R) Sentencing: sex offenses

Increases the penalty for sodomy and penetration of genital or anal openings by a foreign object on a person under age 18 years old from an alternative felony/misdemeanor to 10 years in prison.

Increases the punishment for rape, spousal rape, sodomy, and penetration of genital or anal openings by a foreign object generally from 3-6-8 years to 10 years in prison.

Increases the punishment for forcible rape and penetration of a genital or anal opening with a foreign object committed in-concert from 5-7-9 years to 10 years in prison, and provides that a third conviction shall result in a term of life in prison without the possibility of parole.

Changes the elements of aggravated sexual assault on a child, as defined in Penal Code Section 269, by deleting the element that the victim be under age 14 years old and the offender be at least 10 years older than the victim, and instead, requires only that the offender be over 18 years old and that the victim be under 18 years old.

(Motion to withdraw from Assembly Public Safety Committee failed passage)

AB 166 (Battin-R) Sex offenses: Internet directory

Directs the State Department of Justice to create and maintain an Internet site that lists persons required to register as sex offenders. Provides that each Internet file include the offender's name, date of birth, photo, distinguishing characteristics, city, county and zip code.

Provides that use of this Internet information to commit a crime is punishable by a fine of up to $100,000, in addition to any other punishment for that crime. Specifies that proceeds from the fines will be evenly divided between shelters for abused children and non-profit services for child victims.

(Motion to withdraw from Assembly Appropriations Committee failed passage)

AB 213 (Wildman-D) Sex offender registration

Recasts the sex offender registration statute with respect to the requirements concerning offenders convicted in other states. Provides that sex offenders be notified of an obligation to register in other states, as specified. Directs the State Attorney General's office to conduct certain activities concerning registered sex offenders, as specified.

Chapter 80, Statutes of 1997

AB 290* (Alby-R) Sex offenders: registration

Makes specified changes to California's sex offender registration statute.

Chapter 821, Statutes of 1997

AB 371 (Figueroa-D) County Sexual Assault Felony Enforcement Team

Authorizes the Board of Supervisors of Santa Clara and Los Angeles Counties to, until January 1, 2001, establish a sexual assault felony enforcement team (SAFE) pilot project for the purpose of reducing violent sex offenses through surveillance, arrest and enforcement of registration requirements. Requires the county to submit an annual report to the Legislature on the effectiveness of the program. Appropriates $3.5 million from the General Fund to be allocated directly to the Santa Clara County Sheriff's Department ($1.5 million) and the Los Angeles County Sheriff's Department ($2 million) to implement the pilot.

(In Senate Appropriations Committee)

AB 614 (Margett-R) Sex offenders: parole

Authorizes the State Department of Corrections to establish a pilot project to electronically monitor a repeat sex offender where the victim is under age 13 for the entire period of parole.

(In Senate Public Safety Committee)

AB 645 (Escutia-D) Crimes: kidnapping: sex offenses

Makes kidnapping punishable by life imprisonment with the possibility of parole, where it is done under circumstances wherein the victim is intentionally confined under circumstances that expose the victim to substantial likelihood of death.

Expands the list of aggravating factors in the "one strike" sex crimes law to include circumstances where the victim is intentionally confined so as to expose him or her to a substantial likelihood of death.

Provides a penalty of 15 years to life where the life threatening nature of the kidnapping is the only "one strike" factor proved, and further provides for a penalty of 25 years to life where at least 1 other specified factor, such as the personal use of a dangerous weapon, is established.

(In Senate Public Safety Committee)

AB 700* (Alby-R) Sex offenses: statute of limitations

Revises and recasts the statute of limitations pertaining to specified child molestation cases, as specified.

Chapter 29, Statutes of 1997

AB 722 (Leach-R) Sex offenders: registration: juveniles

Requires, generally, all juveniles who have been adjudicated to have committed specified sex offenses to register as sex offenders, regardless of their post-adjudication placements, except in the interest of justice. Provides the registration requirement.

(In Senate Public Safety Committee)

AB 780 (Morrissey-R) Sex offenders: school grounds

Increases the penalty for a second and subsequent conviction of unlawfully coming onto school grounds by a convicted sex offender from a misdemeanor, punishable by imprisonment in the county jail for up to 6 months and/or a fine of up to $500, with a minimum 10-day sentence, to an alternate felony/misdemeanor, punishable by imprisonment in the county jail for up to 1 year, or in state prison for 16 months, 2 years or 3 years. (Does not change the penalties for persons without a prior sex-related conviction.)

(In Senate Public Safety Committee)

AB 793 (House-R) Violent felonies: rape in concert

Expands the violent felony list to include specified in concert sexual offenses.

Chapter 371, Statutes of 1997

AB 796 (Havice-D) Sex offenders: notification

Requires a law enforcement agency to provide specified information to the personnel director of any school within 3 miles of the sex offender's expected residence upon release, parole, or discharge.

(In Assembly Public Safety Committee)

AB 1009 (Kaloogian-R) Sex offenders: public notice

Requires the State Department of Justice to publish, within 30 days of release, a notice in the local newspaper in the area in which a registered sex offender is released that includes name, photograph, birthdate, city and state of residence, the offense for which the person was convicted, and the sentence imposed.

(In Assembly Appropriations Committee)

AB 1078 (Cardoza-D) Sex offenders: registration

Provides that willful failure to register or update the registration is a felony punishable by imprisonment in the state prison for 2, 3, or 4 years. Requires the registration to be signed under penalty of perjury.

(In Senate Public Safety Committee)

AB 1283 (Bowler-R) Sentencing: sex offenses

Provides that the commission of one of a list of specified sex crimes by means of an intoxicating or controlled substance is an offense which triggers the provisions of the "one-strike" law, and provides that commission of a sex offense through administering a controlled substance without the knowledge of the victim is a factor which subjects a defendant to a term of 25 years to life in prison.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1303 (Miller-R) Sex offenders: registration

Requires sexually violent predators to verify their registration every 90 days, as specified.

Chapter 818, Statutes of 1997

AB 1332 (Murray-D) DNA and forensic identification

Provides that any person who is required to register as a sex offender, except as specified, or who is convicted of, or pleads guilty or no contest to, specified offenses, including, but not limited to, certain sex offenses, murder or attempted murder, voluntary manslaughter, spousal abuse, a felony offense of assault or battery, or kidnapping, or is found not guilty by reason of insanity of any of these crimes, or any juvenile who is adjudged a ward of the court for committing any of these crimes, shall, regardless of sentence imposed or disposition rendered, provide 2 specimens of blood, a saliva sample, right thumbprint, and a full palm print impression of each hand for law enforcement identification analysis by the State Department of Justice.

(In Senate Public Safety Committee)

AB 1610* (Ortiz-D) School employees

Requires school districts to obtain the results of the required fingerprint check through the State Department of Justice (DOJ) prior to employing any non-certificated employee. Requires DOJ to provide such results within 3 working days once the department implements an electronic fingerprinting system.

Prohibits an entity having a contract with a school district to provide certain services from allowing employees who have been convicted of a violent or serious felony from coming in contact with pupils. Entities with existing contracts have 90 days from effective date of this bill to comply with the fingerprint checks and other requirements of the bill. Secondary school pupils employed in temporary or part-time positions are exempt from the fingerprint check.

Chapter 588, Statutes of 1997

AB 1612* (Alby-R) School employees

Prohibits the State Commission on Teacher Credentialing from issuing a credential to and requires revocation of the credential of anyone who has been convicted of a serious or violent felony. Prohibits school districts from hiring anyone so convicted and prohibits retention of a current certificated or classified employee so convicted who is a temporary, substitute, or probationary employee. Requires the State Department of Justice (DOJ) to implement and manage an electronic fingerprinting system with terminals located statewide, upon an appropriation from the Legislature. Requires DOJ to notify school districts directly and immediately of employment applicants who have been convicted of serious or violent felonies.

Chapter 589, Statutes of 1997

ACR 72 (Baca-D) Parental notification

Encourages school districts to inform parents and guardians regarding the availability of information on registered sex offenders.

(In Senate Education Committee)

Gang Violence

SB 547 (Watson-D) Gangs

Creates the position of California Gang Prevention Director within the Office of the Attorney General.

Vetoed by the Governor

SB 940 (Leslie-R) Witness intimidation

Provides that there be an additional 3-year sentence enhancement for a member of a criminal street gang who intimidates a witness to a violent felony and who makes a credible threat of violence.

Chapter 500, Statutes of 1997

SB 941 (Leslie-R) Evidence: gang-related crimes

Creates another exception to the hearsay rule for statements made by a deceased declarant under penalty of perjury in a gang-related criminal prosecution. Authorizes a peace officer to administer and certify oaths. Requires any law enforcement officer testifying as to any hearsay statement to either have 5 years of law enforcement experience or have completed a training course which includes training in the investigation and reporting of cases and testifying at preliminary hearings and trials.

Chapter 499, Statutes of 1997

SB 980 (Hayden-D) Gang violence prevention

Establishes the Peace Process Task Force as a joint project of state government, educational institutions, and private foundations to hold public hearings, make findings and recommendations regarding gang violence prevention, and promote efforts to create a peace process.

Vetoed by the Governor

SB 1211 (Brulte-R) Three Strikes: criminal street gangs

Provides, upon voter approval, that a conviction of any felony committed as a member of a criminal street gang is also a strike for the purposes of the "Three Strikes" law.

Makes a serious felony a conviction of any felony committed for the benefit of, at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.

(In Senate Public Safety Committee)

SB 1244 (Hughes-D) Gang violence suppression

Provides unspecified funding to establish a pilot program to conduct after-school youth programs on high school and middle school campuses.

(In Senate Education Committee)

SB 1259* (Vasconcellos-D) Youth: crimes: violence

Establishes the California Gang, Crime, and Violence Prevention Partnership Program; and requires the Board of Corrections to administer it. Requires that $15 million be made available annually in the Budget Act for the purposes of the bill.

(In Senate Appropriations Committee)

SB 1333 (Johnson-R) Criminal street gangs: sentence enhancements

Requires a criminal street gang member, who commits a violent felony, to receive a sentence enhancement of 3, 4, or 5 years instead of 1, 2, or 3 years in state prison; and requires a criminal street gang member, who commits a home invasion robbery, to receive a sentence of 15 years to life in state prison.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 26 (Runner-R) Criminal street gangs

Creates a presumption that juveniles 14 years of age or older charged with criminal street gang offenses should be tried as adults.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 741 (Washington-D) Taxes: credits: juveniles

Provides a 33.3% tax credit between 1997 and 2002 for wages paid, up to $5,000, during the first year of employment to a qualified at-risk youth who has spent at least the past 3 months at a county juvenile home or California Youth Authority facility. Allows a county board of supervisors to charge a fee of up to $300 for services provided by a probation officer relative to the employee. Permits the taxpayer to take a credit for the amount of the fee paid.

(In Senate Appropriations Committee)

AB 786 (Machado-D) Criminal street gangs

Adds gang registration as a potential sentencing provision for persons convicted of a violent felony, as defined, or adjudicated a ward of the juvenile court for specified juvenile offenses, as defined, if the court finds that the gang enhancement has been applied.

(In Senate Public Safety Committee)

AB 853* (Hertzberg-D) Community Law Enforcement and Recovery Demonstration Project

Authorizes the City and County of Los Angeles to establish and operate the Community Law Enforcement and Recover (CLEAR) Demonstration Project, a multi-agency gang intervention program. Administers the program under a joint powers agreement with the Los Angeles County Sheriff's Department, the Los Angeles County District Attorney's office, the Los Angeles County Probation Department, the Los Angeles Police Department, and the Los Angeles City Attorney's office.

Chapter 506, Statutes of 1997

AB 902 (Miller-R) Gang intelligence information

Specifically exempts gang intelligence information from the disclosure requirements of the California Public Records Act.

(In Assembly Governmental Organization Committee)

AB 903 (Miller-R) Criminal street gangs

Allows penalties to be imposed upon members of criminal street gangs which engage in the commission of any felonies, not only specifically enumerated felonies.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 914 (Runner-R) Criminal street gangs

Increases penalties for recruiting gang members, as specified.

(Motion to withdraw from Assembly Appropriations Committee; failed passage)

AB 916 (Campbell-R) Criminal street gangs

Increases the punishment for commiting a gang-related felony near a school (in addition to the punishment for the underlying felony) from 2, 3, or 4 years in prison, to 10 years in prison (if the defendant commits a serious or violent felony).

Eliminates the requirement that (in order to apply the enhancement regarding gang activity near a school) the prosecutor must prove school is open for classes, school programs are in progress, or minors are using the facility.

(Failed passage in Assembly Public Safety Committee)

AB 963 (Keeley-D) Gang, Crime and Violence Prevention Partnership Program

Creates the Gang, Crime, and Violence Prevention Partnership Program to be administered by the Department of Justice. Appropriates $3 million from General Fund.

Chapter 885, Statutes of 1996

AB 1005 (Pacheco-R) Criminal street gangs

Doubles the sentences for extortion committed by a member of a criminal street gang, as defined, to 4, 6, or 8 years in state prison.

Makes attempted extortion by a gang member punishable by 2, 3, or 4 years in state prison. (Current law makes this offense a wobbler, punishable by up to 1 year in county jail, or 16 months, 2, or 3 years in state prison.)

Makes extortion by a gang member that includes a credible threat to commit murder punishable by 10 years to life in prison.

(In Assembly Appropriations Committee)

AB 1031 (Frusetta-R) Criminal street gangs: registration

Requires registration for any person convicted in criminal court, or who has had a petition sustained in a juvenile court, for any crime the court finds is gang-related, or for any felony committed for the benefit of a criminal street gang.

Requires such persons to register, for 5 years, with local law enforcement within 30 days of release from custody or within 30 days of arrival in any city or county with the intent to reside there.

Makes any person required to register who knowingly violates these provisions guilty of a misdemeanor. Adds a sentence enhancement of 16 months, 2, or 3 years for any person who knowingly fails to register and is convicted or has a petition sustained for 1 of the offenses listed above.

Requires probation and parole officers to verify compliance with registration requirements.

(Motion to withdraw from Assembly Appropriations Committee; failed passage)

AB 1115 (Knox-D) Gangs: firearms

Provides that, until January 1, 2001, any person who actively participates in any criminal street gang, with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of either a misdemeanor or a felony. Exempts any person who otherwise would be subject to this prohibition because of active participation in any criminal street gang upon certification by a local law enforcement agency that the person has not been a participant in the activities of a criminal street gang for a period of at least 3 years.

(In Assembly Public Safety Committee)

AB 1369 (Oller-R) Gangs: denial of firearms

Requires a licensing authority to deny an applicant a license to carry a concealed weapon if the authority determines that the applicant is a member of a criminal street gang, and to revoke a license if the authority determines the licensee is a member of a criminal street gang.

(In Assembly Public Safety Committee)

AB 1538 (Havice-D) Murder: street gangs

Adds to the list of special circumstances the following forms of first-degree murder: (1) the defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in current law; and (2) the murder was carried out to further the activities of the criminal street gang.

(In Senate Public Safety Committee)

Child Abuse

SB 97 (Alpert-D) Crimes against children and elders

Prohibits civil compromise in cases involving criminal injury to an elder or dependent adult or willful infliction of physical or mental suffering upon an elder or dependent adult, as defined. Eliminates civil compromise in cases involving a caretaker who commits theft or embezzlement against an elder or dependent adult. Prohibits civil compromise in cases involving child molestation and other forms of child abuse.

Chapter 243, Statutes of 1997

SB 351 (Peace-D) Murder of a child

Provides that all murders committed in the perpetration of, or attempt to perpetrate, aggravated sexual assault on a child is murder of the first degree.

(In Senate Public Safety Committee)

SB 583 (Hughes-D) Reunification services

Requires that where a minor under 6 years of age is to be placed in a community care facility licensed as a group home for children or a temporary shelter care facility because the case plan indicates that placement is for the purpose of providing family reunification services, the placement facility must employ staff trained to provide family reunification services, including services designed to promote family economic self-sufficiency.

(In Senate Judiciary Committee)

SB 644 (Polanco-D) Child Abuse Central Index

Enacts the Lance's Law Child Safety Reform Act of 1997. Allows for access by child death review teams, child protective agencies, and out-of-state law enforcement agencies to the Child Abuse Central Index maintained by the State Department of Justice, and purges "unsubstantiated" reports from the Index after 10 years. Requires child protective agencies to provide notice to a known or suspected child abuser that his or her name is being reported to the Index, and allows the person access to the underlying investigative reports. Allows victims to have their names removed from the Index at the age of 18.

Chapter 842, Statutes of 1997

SB 645 (Polanco-D) Child abuse

Enacts the Lance Helms Child Safety Act of 1997. Provides that whenever allegations of physical or sexual abuse of a child come to the attention of the local law enforcement agency or local child welfare department, and the child is taken into protective custody, the department or agency may, as soon as practically possible, consult with a specified medical practitioner and, if deemed appropriate, shall cause the minor to undergo a physical examination by a licensed medical practitioner, as provided. Requires the agency or department, whenever possible, to ensure that the examination takes place within 72 hours of the time the child was taken into protective custody or, where the allegations are made while the child is in custody, within 72 hours of the time the allegations are made.

Makes other changes in the law concerning child abuse.

(In Senate Judiciary Committee)

SB 1254 (Calderon-D) Child Endangerment Protection Act of 1997

Requires, until January 1, 2003, the registration of high-risk sex offenders to include a voice sample suitable for voice identification and verification. Requires the State Department of Justice to determine the registrant's location by means of voice identification and verification, and to forward data retrieved from this tracking program to the local law enforcement agency or agencies that have current jurisdiction over the person's residence.

Requires a high-risk sex offender to comply with the voice identification and verification requirement prior to release, discharge or parole, whichever occurs first; and requires life-time registration on a weekly basis as specified or less frequently if so ordered by a court, according to certain procedures.

Makes it a misdemeanor, punishable by up to 6 months in county jail and a fine of up to $1,000, to willfully violate a registration requirement.

(In Conference Committee)

AB 67* (Escutia-D) Child abuse reporting

Among other provisions, requires the State Department of Social Services to work with child death review teams and child protection services agencies in order to identify child death cases that were or should have been reported to or by child protective service agencies. Provides that funding for the Child Victims of Crime Program to be provided from the amount appropriated in the Budget Act of 1997 to the Office of Child Abuse Prevention for expenditure in the 1997-98 and 1998-99 fiscal years for purposes of the Child Victims of Crime Program.

Chapter 606, Statutes of 1997

AB 273 (Sweeney-D) Probation: counseling programs

Chapter 134, Statutes of 1997

AB 327 (Havice-D) Rape

Adds statutory rape between a young victim and an older perpetrator to the definition of sexual abuse required to be reported under the Child Abuse and Neglect Reporting Act.

Chapter 83, Statutes of 1997

AB 1065 (Goldsmith-R) Relative placement of dependent children

Requires the State Department of Justice make available specified child abuse information concerning relative caregivers to child protective agencies, as specified.

Double-joined with SB 644 (Polanco-D).

Chapter 844, Statutes of 1997

AB 1196 (Shelley-D) Placement of dependent children

Adds additional factors that must be considered when determining if foster care placement of a child with a relative is appropriate, including the safety of the relative's home, and whether any person in the home has a prior history of violent criminal acts or has been held responsible for child abuse or neglect.

Chapter 268, Statutes of 1997

AB 1361 (Thompson-R) Dependent children

Authorizes a child to be taken into custody despite a valid self-restraining order at any time the state can prove by a preponderance of the evidence that the child is in a life-threatening situation. Provides that any child taken into custody pursuant to these provisions shall be placed with a non-live-in guardian of the child, if available, who is willing to take the child and has no violent criminal record or outstanding charge for any act of child abuse, molestation, or neglect unless the court finds clear and convincing evidence that this placement would be detrimental to the child.

(In Assembly Judiciary Committee)

AB 1373* (Granlund-R) Health facility inspections: infant protection

Enacts the Governor's Infant Health and Protection Initiative. Requires acute care hospitals, as a condition of licensure, to develop and use an assessment protocol to (1) determine whether or not an infant is suffering from substance exposure, (2) identify the service needs of the family, and (3) determine the level of risk if the child is to be released to his or her home.

(In Assembly Judiciary Committee)

AB 1536 (Wright-D) Child abuse and neglect: reports

Allows the State Board of Prison Terms to subpoena employees of county welfare departments for purposes of providing evidence of child abuse during parole revocation proceedings.

Chapter 24, Statutes of 1997

HR 13 (Battin-R) Child abuse and neglect

Acknowledges Child Abuse Prevention Month/Blue Ribbon Campaign as a positive effort to promote public awareness of child abuse and its prevention.

(Adopted)

Other Crimes and Sentencing

SB 4 (Kopp-I) Trespass: bridge

Increases the penalty for trespass on a toll bridge or other district property to a misdemeanor punishable up to1 year in county jail and/or a fine of up to $10,000, with mandatory community service of 40-160 hours as a condition of probation, and with reimbursement to the district for costs. Makes it a misdemeanor to trespass on any other district property.

Chapter 379, Statutes of 1997

A similar bill is SB 582 (Burton-D), which is in the Senate Public Safety Committee.

SB 16 (Knight-R) Terrorizing

Amends the statute proscribing arson or bombing in particular situations with intent to terrorize to include arson or bombing of schools.

Chapter 212, Statutes of 1997

SB 57 (Ayala-D) Disarming an officer

Makes it a wobbler to remove the firearm of an officer under specific situations. Provides that every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a police radio frequency is punished by a fine not exceeding $1,000, imprisonment in a county jail not exceeding 1 year, or by both that fine and imprisonment.

Double-joined to SB 282 (Ayala).

Chapter 464, Statutes of 1997

SB 64 (Ayala-D) Pilot project: judgments: criminal penalty

Authorizes San Bernardino County to adopt, by resolution, the imposition of a mandatory criminal penalty of $10,000 on all persons convicted of a felony and $2,500 on all persons convicted of a misdemeanor, as specified, to support the law enforcement, prosecution, and judicial expenses necessitated by the criminal conduct.

(Failed passage in Senate Public Safety Comittee; reconsideration granted)

SB 102 (Haynes-R) Partial-birth abortion: ban

Prohibits a person from knowingly performing or attempting to perform a partial-birth abortion, and makes it a felony for a violation.

(Failed passage in Senate Health and Human Services Committee; reconsideration granted)

SB 136 (Costa-D) Crimes: gassing

Requires investigation and reporting of all batteries by gassing at local correctional facilities.

Chapter 684, Statutes of 1997

SB 148 (Alpert-D) Methamphetamine: manufacture: murder

Provides that the manufacture of methamphetamine constitutes an inherently dangerous felony and that any death occurring in the commission of that felony may be prosecuted as second degree murder.

(In Senate Public Safety Committee)

SB 186 (Solis-D) Sex offenses: enhancements

Imposes the enhancements for use of a firearm and infliction of great bodily injury for attempted sex crimes, as well as completed sex crimes.

Chapter 109, Statutes of 1997

SB 196 (Knight-R) Animal abuse

Authorizes a court to order the destruction of any animal or bird seized because of a violation of laws prohibiting the exhibition of fighting animals or birds, if the animal or bird has been held for10 days and its ownership can not be determined.

Chapter 422, Statutes of 1997

SB 198 (Kelley-R) Tobacco: minors

Requires the posting of the notice denying the sale of tobacco products to minors required by the Stop Tobacco Access to Kids Enforcement Act set forth in the Business and Professions Code, which must state, among other things, that selling tobacco products to anyone under 18 years of age is illegal and subject to penalties. Specifies that any person who fails to post such a notice shall, upon conviction, be punished by a fine of $10 for the first offense and $50 for each succeeding violation, or by imprisonment for not more than 30 days.

Chapter 110, Statutes of 1997

SB 282 (Leslie-R) Police: radio interference

Makes it a misdemeanor to knowingly and maliciously interfere with an emergency police radio communication, punishable by up to 1 year in a county jail and/or a fine up to $1,000. Makes it a felony, punishable by 16 months, 2, or 3 years, to maliciously interfere with a police radio communication when the offense results in serious bodily injury or property loss over $10,000.

Chapter 111, Statutes of 1997.

SB 297 (Burton-D) Crimes: income level

Makes it a felony to intentionally and maliciously have a yearly income below the federally established poverty level.

(In Senate Public Safety Committee)

SB 307 (Burton-D) Parenting

Makes it a felony to parent a child while having a yearly income below the federally established poverty level.

(In Senate Public Safety Committee)

SB 350* (Lee-D) Violence against women

Chapter 9, Statutes of 1997

SB 351 (Peace-D) Murder

Provides that all murder, which is committed in the perpetration of, or attempt to perpetrate, aggravated sexual assault on a child to the list of crimes which is murder of the first degree. Adds murder in the perpetration of aggravated sexual assault on a child to the list of special circumstances for which the death penalty may be sought.

(In Senate Public Safety Committee)

SB 398 (O'Connell-D) Alcoholic beverages: minors

Makes it a misdemeanor for any person under 21 years of age to have a blood-alcohol concentration of 0.01% or greater, as measured by a preliminary alcohol screening device or other chemical test, while on any street or highway or in any public place or in any place open to the public.

(Failed passage in Senate Public Safety Committee)

SB 420 (Johnson-R) Sentencing: firearms

Punishes a person who is charged as a principal in the commission of a serious or violent felony who personally possesses a firearm or who has a firearm under his or her custody and control and within his or her reach during the commission of the felony by an additional term of 10 years in state prison, to be imposed consecutive to the punishment prescribed for the felony, as specified.

(In Senate Public Safety Committee)

SB 438 (Johnston-D) Asset forfeiture: telecommunication devices

Makes cellular radiotelephone equipment used in a crime subject to the same forfeiture provisions as telephone and telegraph equipment. Creates the High Technology Apprehension and Prosecution Program, effective until January 1, 2000, to provide financial and technical assistance to law enforcement and district attorney's offices in order to combat high technology crime.

Chapter 906, Statutes of 1997

SB 469 (Rainey-R) Murder: jurisdiction: special circumstances

Provides that in a multiple murder death penalty case, the jurisdiction for any murder charged is in any county that has jurisdiction for 1 or more of the alleged murders.

(In Assembly Public Safety Committee)

SB 516* (Polanco-D) Assault and battery: operators of public transit buses

Makes an assault that is committed against the person of an operator or driver of a public transit bus punishable by a fine of $2,000 and imprisonment in a county jail for a full term of 1 year. Makes a battery committed against the person of an operator or driver of a public transit bus punishable by a fine of $3,000 and imprisonment in a county jail for a full term of 1 year. Makes an injury inflicted on the operator or driver punishable by a fine of $4,000 and imprisonment in the state prison for a full term of 2 to 3 years.

(In Senate Public Safety Committee)

SB 545 (Rosenthal-D) Operation of vessels

Makes it an infraction for persons 15 years of age or younger to operate a powered water vessel with more than 15 horsepower, with specified exceptions. Makes it an infraction for persons 12, 13, 14, or 15 to operate specified water vessels.

Chapter 747, Statutes of 1997

SB 588 (Hughes-D) Elder abuse

States legislative intent to implement an omnibus elder abuse reform effort, in coordination with the California Commission on Aging, for the prevention of elder abuse. Specifies that these provisions are to address, among other issues, increasing the criminal penalties for elder abuse, requiring the establishment of guidelines for peace officer training in the appropriate handling of elder abuse cases, increasing public awareness of elder abuse, and increasing the awareness of the elderly of the services provided by the long-term care ombudsman and adult protective services.

Authorizes certain peace officers to issue a certification that a person is substantially unable to manage his or her financial resources or to resist fraud or undue influence, is in imminent danger of losing his or her property as a result of fraud or misrepresentation, there is probable cause to believe a crime is being committed against that person, the crime is connected to his or her inability to manage his or her financial resources or to resist fraud or undue influence, and he or she suffers from that inability as a result of deficits in one or more mental functions.

(In Senate Judiciary Committee)

SB 597 (Peace-D) Internet use

Makes any solicitation, transaction, or communication made over the Internet unlawful if that solicitation, transaction, or communication would be unlawful if made in person, by mail, by means of a telephone, or in any other manner under this code or any other provision of law. Applies the same criminal or civil penalties or remedies as may be applicable to an unlawful solicitation, transaction, or communication to an unlawful solicitation, transaction, or communication made over the Internet.

(In Senate Judiciary Committee)

SB 631 (Burton-D) Crimes: illegal slugs and tokens

Revises the prohibition on the manufacture or fraudulent use of "slug" or "token" coins to conform with current federal policies.

Chapter 354, Statutes of 1997

SB 641 (Polanco-D) Pretrial release

Includes an individual who is arrested for a serious felony with those who must have a hearing prior to release on bail or on his or her own recognizance. Specifies that "serious felonies" do not include residential burglary. Requires that, at the hearing, the court consider evidence of the defendant's past court appearances, the maximum potential sentence that could be imposed and the danger that may be posed to other persons if the detained person is released. Requires the court to consider any evidence offered by the defendant regarding his or her ties to the community and his or her ability to post bond. Requires the court to consider any resulting danger to other persons by release of the defendant, including threats that have been made or past violent acts. Requires that counsel be appointed for the defendant if he or she does not have counsel.

Chapter 557, Statutes of 1997

SB 667 (Haynes-R) Mayhem

Increases the punishment for mayhem to 8, 12, or 16 years and increases the punishment for aggravated mayhem to life without possibility of parole. Provides that the sentences for mayhem and aggravated mayhem must run consecutively to any other sentence imposed. Prohibits the court from amending or dismissing any other charge contained in the original accusatory pleading except upon the motion of the prosecuting attorney.

(In Senate Public Safety Committee)

SB 670 (Vasconcellos-D) California Sentencing Commission

Creates the California Sentencing Commission until July 1, 2000, and makes legislative findings related to the determinate sentencing system.

(In Senate Appropriations Committee)

SB 721 (Lockyer-D) Sentencing

Simplifies California's consecutive sentencing scheme, and removes several of the caps and limitations on imposing consecutive sentences.

Chapter 750, Statutes of 1997

SB 777 (Leslie-R) Internet: gambling

Makest it a misdemeanor to use the Internet or other interactive computer service or system to engage in gaming, as specified, to transmit bets or wagers, or to receive money or credit as a result of gaming or placing bets or wagers. Exempts the California State Lottery or any type of gambling operation otherwise authorized by law.

(In Senate Criminal Procedure Committee)

SB 805 (Alpert-D) Alcoholic beverages: sales to minors

Increases the penalty for individuals who furnish an alcoholic beverage to a minor. Punishes any person who furnishes an alcoholic beverage to a minor by a fine of $1,000, no part of which may be suspended, and requires the person to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school. Requires retail licensees to post a notice which describes the punishment relating to the sale of alcoholic beverages to, or the purchase of alcohol by, any minor.

Chapter 357, Statutes of 1997

SB 834* (Hurtt-R) Three strikes

Prohibits a court from striking a defendant's prior serious or violent felony convictions for purposes of avoiding sentencing enhancements under "Three Strikes" under specified circumstances. Makes other procedural changes to "Three Strikes" provisions.

(In Senate Public Safety Committee)

SB 871 (Senate Public Safety Committee) Criminal statute clean-up

Annual omnibus bill making non-controversial changes in the Penal Code.

Chapter 324, Statutes of 1997

SB 914 (Brulte-R) Sentencing

Provides that an act or omission shall be punished under the provision that provides the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than 1 provision. Provides that if any provision that would otherwise apply to the person prohibits the granting of probation, the person shall not be granted probation.

Extends, from January 1, 1998 until January 1, 2001, an existing law providing that when an accusatory pleading is filed in Sierra County and the defendant is in the custody of Nevada County, he or she may be arraigned before a court in Nevada County.

Chapter 410, Statutes of 1997

SB 940 (Leslie-R) Witness intimidation: gangs

Increases the penalty for knowingly and maliciously preventing or attempting to prevent or dissuade a witness or victim from appearing at a public proceeding from a misdemeanor to an alternative felony/misdemeanor. Provides an additional 3-year enhancement, in addition to the existing 1, 2, or 3 year enhancement, for a member of a criminal street gang who intimidates a witness to a violent felony and who makes a credible threat of violence.

Double-joined with AB 586.

Chapter 500, Statutes of 1997

SB 982 (Lee-D) DMV employees: manufacture of false I.D.'s

Provides that it is a felony for every employee of the State Department of Motor Vehicles who creates or assists in the creation of a false driver's license or any other form of identification.

(In Senate Public Safety Committee)

SB 1079 (Calderon-D) Murder: special circumstances

Makes a murder committed for the benefit of, or at the direction of, or in association with, a criminal street gang with the intent to promote, further, or assist in criminal conduct by the criminal street gang a special circumstance.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

SB 1128 (Schiff-D) Undocumented workers: employer sanctions

Establishes a penalty structure against employers who hire undocumented persons, requires the State Employment Development Department to verify the legal residency of workers it refers to employers, and requires the department, when inspecting employers' records, to verify an employer's compliance with specific record-keeping requirements.

(In Senate Industrial Relations Committee)

SB 1180 (Schiff-D) Crimes: intimidation

Increases, from $2,000 from $1,000, the maximum monetary fine for any person to knowingly and maliciously prevent or dissuade or knowingly and maliciously attempt to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.

(In Senate Public Safety Committee)

SB 1224* (Kopp-I) Murder of a peace officer

Makes the penalty for the second degree murder of a peace officer life without parole, if specified circumstances are proven.

Chapter 465, Statutes of 1997

SB 1229 (Schiff-D) Vandalism: graffiti

Allows aggregation of the amounts of damage caused by defacement, or destruction from more than 1 act of vandalism committed in any consecutive 12-month period as a result of a common scheme, purpose, or plan, in order to reach the higher penalties listed.

(Failed passage in Senate Public Safety Committee)

SB 1238 (Johannessen-R) Elder and dependent abuse

Provides for the imposition of a sentence enhancement in specified elder abuse cases.

Chapter 698, Statutes of 1997

SB 1293 (Schiff-D) Minors: trial as adult

Requires a minor who is 14 years of age or older, who personally commits murder or forcible rape, to be prosecuted in a court of criminal jurisdiction, and deletes those offenses from being subject to a fitness hearing review. Establishes procedures for the prosecution of minors who are 14 years of age or older committing specified offenses in non-confidential proceedings in the juvenile court, as specified.

(In Senate Public Safety Committee)

SB 1301 (Leslie-R) Nuisance abatement of sex clubs

Declares any business which, as its primary purpose for monetary consideration, encourages or accommodates persons to engage in sexual acts, as defined, to be a nuisance, subject to abatement, civil penalty, and closure. Exempts persons who are licensed sexual dysfunction therapists.

(Failed passage in Senate Judiciary Committee)

SB 1317 (Lee-D) Sentencing: prior convictions

Makes the current offense committed by a defendant a serious or violent felony in order to qualify as a "Two Strike" or "Three Strike" case.

(Failed passage on Senate Floor)

SB 1344 (Johnston-D) Human cloning

Prohibits any person from cloning a human being.
Prohibits any person from purchasing or selling an ovum, zygote, embryo, or fetus for the purpose of cloning a human being.
Authorizes the State Department of Health Services to levy administrative penalties, after appropriate notice and opportunity for hearing, of up to $250,000 for individuals, and up to $1 million for corporations, firms, clinics, hospitals, laboratories, or research facilities. Permits higher fines if a defendant derives pecuniary gain from the violations.
Defines "cloning" as inserting the nucleus from a human cell into an egg cell from which the nucleus has been removed, for the purpose of cloning.
States that a violation of the above provisons constitutes unprofessional conduct under the Medical Practice Act.
Requires business licenses issued by cities or counties, as specified, to be revoked for violations of the above provisions.

Chapter 688, Statutes of 1997

NOTE: States that the Legislature intends to prohibit the cloning of a human being. Prohibits a person from cloning a human cell for the purpose of cloning a human being, and prohibits a person from purchasing or selling an ovum, zygote, embryo, or fetus for the purpose of cloning a human being.

SCR 47 (Kopp-I) Hate crimes

States that the Legislature formally denounces hate crimes and encourages all Californians to support those who are targets of hate crimes.

(Failed passage in Assembly Rules Committee)

AB 22 (Pacheco-D) Kidnapping

Creates a life-without-possibility-of-parole sentence for a kidnapping, when the defendant intends to commit a sex offense, and the victim is killed, suffers "bodily harm," or is confined under circumstances exposing him or her to a likelihood of death.

(In Assembly Appropriations Committee)

AB 32 (Aguiar-R) Judgments: criminal penalty

Authorizes a pilot project, until January 1, 2001, to allow San Bernardino County, by resolution, to require courts to impose a criminal penalty of $10,000 on all persons convicted of a felony and $2,500 on all persons convicted of a misdemeanor to support the law enforcement, prosecution, and judicial expenses necessitated by the criminal conduct.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 35 (Pacheco-R) Plea bargaining: serious felony

Includes, as a serious felony, the burglary of a vessel which is inhabited and designed for habitation, and the burglary of a floating home for purposes of existing statute that includes the burglary of an inhabited dwelling house or trailer coach.

(In Assembly Public Safety Committee)

AB 42 (Murray-D) Protective order

Deletes the "violence or credible threat of violence" requirement for the penalty in current law for violating a domestic violence restraining order within 7 years of a prior violation.

Vetoed by the Governor

AB 50 (Murray-D) Arson: places of worship

Expands the aggravated arson statute to make burning a place of worship a "One-Strike" offense by subjecting the offense to a penalty of 10-years-to-life if the defendant acted with the intent currently required in the aggravated arson statute.

(In Assembly Appropriations Committee)

AB 51 (Murray-D) Crimes: places of worship

Includes "places of worship" as one of the types of property listed in the hate crimes enhancement for crimes against a public or private institution because of that institution's association with a person or group of an identifiable race, color, religion, nationality, country of origin, ancestry, gender disability or sexual orientation.

Chapter 740, Statutes of 1997

AB 59 (Brown-D) Kidnapping and sexual offenses

Makes kidnapping with the intent to commit specified sex crimes punishable by life imprisonment with the possibility of parole. Adds additional forms of kidnapping to the sex offender registration list. Provides an additional 9-year or 15-year enhancement for specified sex offenses. Provides for enhancements for both weapons and great bodily injury in cases of kidnap to commit robbery or carjacking.

Chapter 817, Statutes of 1997

AB 99 (Runner-R) Body piercing

Makes it an infraction, punishable by a fine up to $250, for any person to perform or offer to perform body piercing upon a person under 18.

Double-joined with AB 1390 (House).

Chapter 741, Statutes of 1997

AB 102 (Cunneen-R) Sentencing: aggravation: minors and pregnant women

Requires the court, in domestic violence cases witnessed by children, to consider the fact that the crime was witnessed by a minor as a circumstance in aggravation of the crime.

Chapter 848, Statutes of 1997

AB 105 (Wayne-D) Infractions: probation

Authorizes, for a violation of an infraction, the imposition of a period of probation not to exceed 6 months. Makes a violation of this probationary period punishable by an additional fine not to exceed $500.

(In Assembly Public Safety Committee)

AB 115 (Havice-D) Violent felonies: home invasions

Adds home invasion robbery to the list of violent felonies.

Double-joined with AB 793 (House).

Chapter 504, Statutes of 1997

AB 129 (Morrow-R) Abortion: informed consent

Enacts the Woman's Right to Know Act which prohibits abortion without the woman's voluntary and informed consent, except in the case of an emergency.

(In Assembly Judiciary Committee)

AB 133 (Scott-D) Probation

Makes persons who commit serious felonies while on parole ineligible for probation.

Chapter 160, Statutes of 1997

AB 137 (Poochigian-R) Burglary: enhancements

Creates a 2-year enhancement for taking a firearm during a residential burglary. Creates a 3-4-5 year enhancement for taking firearms during a burglary of a business which solely or partly repairs, sells, or manufactures firearms.

(Failed passage in Assembly Public Safety Committee)

AB 143 (Cunneen-R) Receiving stolen property

Makes it a crime, rather than a presumption of a crime, for a commercial dealer in merchandise or personal property to buy stolen property without making reasonable inquiry about the property under circumstances that should cause the person to make reasonable inquiry.

Chapter 161, Statutes of 1997

AB 149 (Runner-R) Crimes: battery: punishment

Increases the fine for battery on a peace officer from $2,000 to $10,000.

Chapter 592, Statutes of 1997

AB 165 (Morrissey-R) Sentencing: sex offenses

Makes substantial changes to definitions and penalties for most sex crimes.

(In Assembly Public Safety Committee)

AB 181 (Kuykendall-R) Seduction of minors via the Internet

Makes it a crime to distribute harmful matter to a minor through the Internet or electronic mail.

Chapter 590, Statutes of 1997

AB 195 (Murray-D) Money laundering

Amends existing law relative to the crime of money laundering, and makes related changes as to the definition of "financial institution."

Chapter 578, Statutes of 1997

AB 231 (Honda-D) Computer crimes: software

Makes it a crime to engage in specified activities with respect to any computer software program that has been stored in or on any form of electronic media, without the consent of the original manufacturer of the software program.

(In Assembly Public Safety Committee)

AB 293 (Cunneen-R) Economic Crime Act of 1992: sunset extension

Extends the sunset provision of the excessive taking enhancement statute from January 1, 1998 to January 1, 2008.

Chapter 551, Satutes of 1997

AB 298 (Murray-D) Illicit recording or audiovisual work

Makes clarifying and technical changes to the audio recording and audiovisual works piracy statute.

Chapter 303, Statutes of 1997

AB 308 (Leonard-R) Commercial bribery: real estate

Creates a new commercial bribery crime making either an employee of a title insurer, underwriting title company or controlled escrow company who offers a bribe, or the real estate agent who accepts the bribe, guilty of commercial bribery, with criminal penalties.

Chapter 718, Statutes of 1997

AB 327 (Havice-D) Sexual assault

Makes certain statutory rape and other sex offenses subject to reporting under the mandatory child abuse reporting statutes.

Chapter 83, Statutes of 1997

AB 357 (Havice-D) Crimes: stolen property

Makes the crime of receiving stolen property, when the property is a gun, a "serious felony," which makes this offense punishable by a 5-year enhancement if there is a prior offense for a serious felony and exempts the offense from the double-the-base term limitation. Adds a sentence enhancement of 1, 2, or 3 years for burglary, robbery, or receiving stolen property when the property taken is a gun.

(Motion to withdraw from Assembly Appropriations Committee; failed passage)

AB 406 (Brewer-R) Sentencing: enhancements: use of firearm

Specifies that if any participant in a sex crime in concert uses a firearm or deadly weapon, each participant in the crime who has actual knowledge of the use of a firearm or deadly weapon shall receive a sentence enhancement of 3 years, 4 years, or 10 years in prison.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 429 (Goldsmith-R) Obstruction of justice

Increases the penalty for taking a firearm from the person or immediate presence of a peace officer from 16 months, 2, or 3 years in state prison, to 4, 6, or 8 years. Increases the penalty for attempting to remove a firearm from the person or immediate presence of a peace officer from a wobbler, punishable by 16 months, 2, or 3 years in state prison, or up to 1 year in county jail, to a straight felony punishable by 2, 3, or 4 years. Removes the requirement that the prosecution prove the officer was obstructed or delayed by the disarming acts of the defendant.

(In Assembly Appropriations Committee)

AB 444 (Pacheco-R) Assault: peace officers and firefighters

Authorizes the court to impose full, separate and consecutive sentences, in addition to the sentence for any related crime, when a person commits assault with a deadly weapon, or with force likely to result in great bodily injury, against an on-duty peace officer or firefighter, and the person reasonably should have known the victim was an on-duty peace officer or firefighter.

(Held under submission in Assembly Appropriations Committee)

AB 445 (Pacheco-R) Crimes: attempts: sentencing

Makes the penalty for willful, deliberate and premeditated attempted murder of a peace officer or firefighter 15 years to life.

Chapter 412, Statutes of 1997

AB 446 (Pacheco-R) Murder: peace officer

Provides that the penalty for the second degree murder of a peace officer is life without parole if one of the following is found to be true: (1) the defendant specifically intended to kill the peace officer; (2) the defendant specifically intended to inflict great bodily injury on the peace officer; (3) or the defendant personally used a dangerous or deadly weapon in the commission of the offense.

Chapter 413, Statutes of 1997

AB 462 (Floyd-D) Workers' compensation

Makes it a misdemeanor or a felony ("a wobbler") to fail to secure the payment of workers' compensation by an employer who knew or reasonably should have known of this obligation.

(In Senate Public Safety Committee)

AB 476 (Kuykendall-R) Burglary

Expands the definition of burglary to cover entry into any vehicle, whether or not the doors are locked, to commit a felony or theft.

(Failed passage in Assembly Public Safety; reconsideration granted)

AB 490 (Ashburn-R) Murder: special circumstances

Designates the murder of a child under the age of 14 a special circumstance, punishable by death or life imprisonment without the possibility of parole.

(In Senate Appropriations Committee)

AB 512 (Morrissey-R) Crimes: indecent exposure

Increases penalties for indecent exposure (currently a wobbler when committed in an inhabited dwelling, and a misdemeanor in other circumstances), to make indecent exposure within 100 feet of a school during school hours a wobbler, punishable by 1 year in county jail or 16 months, 2, or 3 years in state prison. Makes any subsequent indecent exposure conviction, or an indecent exposure conviction with a prior conviction for other sex crimes, a felony, punishable by 16 months, 2, or 3 years in state prison.

(In Assembly Appropriations Committee)

AB 566 (McClintock-R) Death penalty: witnesses to execution

Requires the warden of the state prison to invite the members of the immediate family of the victim or victims of the defendant to be present at an execution of a judgment of death.

Chapter 100, Statutes of 1997

AB 577 (Baldwin-R) Crimes: obscene matter

Deletes the requirement that the visual or audio-visual depiction of sexual conduct by children under 18 years be obscene in order to constitute an alternative felony/misdemeanor, and requires sex offender registration for this offense.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 662 (Hertzberg-D) Vehicles: fleeing or evading a peace officer

Requires a magistrate to issue a warrant to order the impoundment of any vehicle used to evade a peace officer.

Chapter 743, Statutes of 1997

AB 685 (Wayne-D) Sex offenses: facilities

Includes specified health facilities with detention facilities in the current statute making it a crime for an employee to have consensual sex with someone "confined" to the facility.

Chapter 209, Statutes of 1997

AB 717 (Morrissey-R) Harassment: penalties

Provides that if a person is found guilty of violating an order prohibiting specified forms of communication or requiring the maintenance of a specified distance from a person or place, and the court grants probation, the court may order specified terms of community service as a condition of probation; and requires that, upon a third offense, the person also participate in anger control management counseling. Authorizes the court, if a person is found guilty under the above provisions and found to have used a motor vehicle in the commission of the violation, and the court grants probation, to order the person's driver's license to be suspended or restricted and, for a second offense, that the vehicle used also be booted, as specified, and for the third offense, that the person also participate in anger control management and counseling. Authorizes the court, if a person is found guilty under the above provisions and found to have used a telephone, note, gift, letter, or drawing, and the court grants probation, to order that the person pay a specified fine, as well as perform specified community service, participate in anger control management counseling, and stay away from the victim. Provides that, if the defendant is found to have committed a third offense and used a motor vehicle or other form of transportation or communication, as specified, the item may be impounded and subject to forfeiture.

(In Senate Public Safety Committee)

AB 726 (Baugh-R) Sexually oriented businesses: local regulation

Deletes the exemption for theaters, concert halls, and similar establishments from existing law relative to exposing specified body parts. Provides that nothing in the Penal Code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city or county, if that ordinance prohibits the presentation of live, nude performances at any adult or sexually oriented business, as defined, or if that ordinance prohibits any patron from directly paying or giving any gratuity to any dancer or entertainer, or prohibits any dancer or entertainer from soliciting any pay or gratuity from any patron, in any adult or sexually oriented business or similar establishment.

(In Assembly Public Safety Committee)

AB 728 (Bowler-R) Bail: serious felonies

Provides that prior to a person who is charged with a serious felony and who is released on bail which is set below the amount established by the bail schedule, the court must make a finding of unusual circumstances on the record.

Chapter 34, Statutes of 1997

AB 734 (Brown-D) Tobacco: minors

Revises the definition of evidence of majority for tobacco sales. Defines "evidence of majority" as a document issued by a government agency including, but not limited to, a driver license or an armed forces identification, that contains the name, date of birth, description and picture of the person.

Declares legislative intent to implement any tobacco settlement reached by the Congress and the President, and establishes the Tobacco Settlement Account in the State Treasury.

(In Senate Public Safety Committee)

AB 743 (Washington-D) Parole and probation: 12th grade education

Requires any person who has been convicted of a nonviolent or nonserious offense to attain the equivalent of a 12th grade education as a condition of parole or probation, unless he or she is deemed mentally or developmentally incapable of attaining the education, as determined by the parole authority or probation officer.

(In Assembly Public Safety Committee)

AB 778 (Floyd-D) Crimes: trade secrets

Defines "trade secrets" as technical or scientific information that includes those specified elements.

(In Assembly Public Safety Committee)

AB 783 (Brown-D) Alcoholic beverages: sales to minors

Requires a person under 21, who attempts to purchase alcohol, to perform up to 24 hours of community service, in addition to the existing $100 fine, for a first offense. Subjects a person under 21, who is convicted of a second attempt to buy alcohol, to a $250 fine and up to 36 hours of community service.

Vetoed by the Governor

AB 808 (Campbell-R) School employee: offenses against

Makes assault or battery upon a school employee, with or without injury, an alternate misdemeanor/felony punishable by a fine of up to $10,000, imprisonment of up to 1 year in the county jail or in state prison for a term of 16 months, 2 years, or 3 years, or both imprisonment and fine.

(Failed passage in Assembly Public Safety Committee)

AB 819 (Battin-R) Crimes: motor vehicle theft

Provides increased penalties for joyriding and auto theft. Defines a juvenile auto theft or joyriding adjudications as equivalent to an adult conviction, for purposes of adult recidivist penalties.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 832 (Poochigian-R) Vehicle theft

Deletes existing requirements that a prior auto theft or joyriding conviction must have been a felony to subject a person to increased state prison penalties for auto theft or joyriding in a current prosecution. Provides that parents or guardians of juveniles determined by a juvenile court to have committed 2 or more offenses of auto theft or joyriding may be liable for up to $500 in damaged caused by the taking of the vehicle.

(Failed passage in Senate Public Safety Committee)

AB 946 (Washington-D) Crimes

Raises, from $2,000 to $10,000, the fines for specified crimes committed against public transit drivers and passengers.

Chapter 305, Statutes of 1997

AB 950 (Davis-D) Prowling

Authorizes the court to require counseling as a condition of probation for a person convicted of prowling, and makes the second offense for prowling subject to 1 year in jail, instead of 6 months in jail.

Chapter 237, Statutes of 1997

AB 976 (Papan-D) Money laundering

Makes numerous and substantive changes to existing law relating to money laundering.

(In Senate Rules Committee)

AB 995 (Pacheco-R) Gassing

Creates a specific new felony for every person confined in a state prison who commits an aggravated battery upon the person of any officer or employee of that prison or institution by gassing. Defines "gassing" as intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any mixture of human excrement or other bodily fluids or substances. Makes this new specific crime punishable as an "aggravated battery" pursuant to existing Section 4501.1: 2, 3 or 4 years in prison, to be served consecutively.

Chapter 591, Statutes of 1997

AB 1077 (Cardoza-D) Accessories: punishment

Increases the punishment of an accessory to a violent felony from 16 months, 2 years, or 3 years in prison or up to 1 year, in jail to 1/2 the sentence prescribed for the underlying felony.

(In Senate Public Safety Committee)

AB 1119 (Knox-D) Sentencing: parole

Imposes indeterminate sentencing terms for various drug and theft offenses, increases punishment for offenses related to explosives, specifies various parole procedures, and mandates the State Department of Corrections to establish an inmate performance program.

(In Assembly Public Safety Committee)

AB 1127 (Knox-D) Telecommunications equipment: illegal use

Expands the crime of illegal possession, advertising and use of telecommunications equipment.

Chapter 554, Statutes of 1997

AB 1251 (Battin-R) Human cloning

Provides that any person who clones a human cell, or purchases or sells an ova, zygote, embryo, or fetus, for the purpose of cloning a human being, shall be punished by a criminal fine. Makes a violation an act of unprofessional conduct under the Medical Practice Act. Requires the revocation of the local business license of any business that violates this provision. Imposes a state-mandated local program. Sunsets on January 1, 2003.

(In Senate Appropriations Committee)

AB 1370* (Prenter-R) Sentencing: prior convictions

Limits the circumstances under which a crime that is punishable either by imprisonment in the state prison or in a county jail may be punishable as a misdemeanor. Requires that the act or omission be punished under the provision that carries the longest potential term of imprisonment or provides for a sentence of death. Authorizes the prosecuting attorney, in the furtherance of justice and in the exercise of discretion, to decide not to charge 1 or more prior felony convictions; and provides a procedure for the prosecuting attorney to follow if he or she decides not to so charge. Prohibits a defendant from making a motion to strike or dismiss or prior felony conviction allegation or conviction on constitutional grounds, except under specified circumstances.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 1386 (Goldsmith-R) Crimes: illegal aliens

Provides that every illegal alien, who is deported or excluded and commits a felony in California after returning to the United States illegally, is punishable by an enhancement of 10 years in prison. Makes the enhancement 25 years to life in prison, if the felony is a violent felony.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1420 (Shelley-D) Crime prevention

Requires the State Office of Criminal Justice Planning (OCJP) to establish a 2-year community district attorney pilot project in Los Angeles and San Francisco Counties in order to create a cooperative relationship between prosecutors, police, and community members and to decrease specific criminal activity by 5%. Requires the OCJP to evaluate the program and report to the Legislature. Specifies that the funding for the pilot be provided pursuant to the Budget Act.

(In Senate Appropriations Committee)

AB 1444 (Poochigian-R) Parolees: credits

Extends the list of acts for which worktime credits may not be granted to include additional violent and non-violent technical violations of parole.

(On Senate Inactive File)

AB 1450 (Shelley-D) Civil rights: vandalism

Increases the penalty (from a misdemeanor to an alternate felony/misdemeanor) for any person to damage another's property because of the victim's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation.

(In Assembly Public Safety Committee)

AB 1538 (Havice-D) Murder: special circumstances

Makes murder committed by an active participant in a criminal street gang with the intent to further the activities of the criminal street gang a special circumstance which, if proven, could result in the defendant's being sentenced to the death penalty or life in prison without the possibility of parole.

(In Senate Public Safety Committee)

AB 1552 (Assembly Insurance Committee) Insurance fraud

Makes it a crime to conceal, or knowingly fail to disclose, the occurrence of an event or the existence of a fact that affects a person's initial or continued right or entitlement to workers' compensation or the amount of workers' compensation.

(In Assembly Insurance Committee)

ACR 36 (Mazzoni-D) Sexual Assault Awareness Month

Proclaims April 1997 as Sexual Assault Awareness Month.

Resolution Chapter 32, Statutes of 1997

Controlled Substances

SB 3* (Leslie-R) Controlled substances: GHB

Includes gamma-hydroxybutyrate in the Schedule II controlled substance list.

Chapter 714, Statutes of 1997

Similar legislation was AB 6 (Bowler-R), which became Chapter 560, Statutes of 1997.

SB 24* (Johnson-R) Controlled substances: fenfluramine

Removes fenfluramine and its salts and isomers, including dexfenfluramine (Redux), from Schedule IV of the California's 5 controlled substances schedules if federal law removes fenfluramine and its salts and isomers from the federal controlled substance schedules. Requires fenfluramine to have a prescription for sale and use.

(In Assembly Appropriations Committee)

SB 41 (Leslie-R) Controlled substances: methamphetamine: penalties

Requires any person who possesses specified controlled substances, unless prescribed by a doctor, and is guilty of unlawfully possessing methamphetamine punishable by imprisonment in the state prison for 16 months, 2 or 3 years.

(In Senate Public Safety Committee)

SB 54 (Vasconcellos-D) Marijuana

Defines the phrases "physician" and "not subject to criminal prosecution" found in the Compassionate Use Act of 1996. Prohibits the act from being construed to supersede or conflict with laws in force prior to November 6, 1996, relating to state or local smoking laws or with laws relating to engaging in conduct that endangers others. Prohibits a physician from recommending or approving the use of medical marijuana by an unemancipated minor, as specified.

(In Senate Criminal Procedures Committee)

SB 131 (Kopp-I) Vehicles: controlled substances

Declares the opposition of the Legislature and the Governor to the enactment of federal law which requires states to enact driver's license sanctions against convicted drug offenders.

Chapter 6, Statutes of 1997

SB 290 (Calderon-D) Controlled substances: liability

Adds a governmental agency to the list of entities funding a drug treatment program or employee controlled substance assistance program that are authorized to bring a cause of action under the Drug Dealer Liability Act. Deletes the existing prohibition against a public agency other than a public agency medical facility from bringing such a cause of action.

(In Senate Judiciary Committee)

SB 457 (Costa-D) Controlled substances: forfeitures

Adds specified controlled substance and related crimes, such as manufacturing controlled substances and possession of a false compartment to transport controlled substances, to those crimes that subject defendants to asset forfeiture.

Chapter 241, Statutes of 1997

SB 497 (Brulte-R) Health care service plans: providers

Prohibits health care service plans from requiring optometrists certified to use therapeutic agents to register under the federal Controlled Substances Act of 1970.

Chapter 120, Statutes of 1997

SB 535* (Vasconcellos-D) Marijuana

States legislative intent that the University of California create the California Marijuana Research Program at the university to ascertain the general medical efficacy and safety of administering marijuana for medical treatment. Establishes, if studies confirm the value of marijuana for medicinal purposes, medical guidelines for appropriate administration and use, including inhalational, tinctural, and oral treatments.

Requires the Research Advisory Panel to assume responsibility for selecting a program from proposals submitted by researchers if the Regents of the University do not implement the bill's provisions within 60 days of its effective date.

(Failed passage on Assembly Floor; reconsideration granted; placed on Assembly Inactive File)

SB 1246 (Burton-D) Asset seizure

Places restrictions on the transfer to the federal government of property acquired in California under federal drug asset forfeiture provisions.

(In Senate Appropriations Committee)

AB 6* (Bowler-R) Controlled substances: gamma-hydroxybutyrate

Places gamma-hydroxybutyrate (GHB) on the Schedule II controlled substance list.

Chapter 560, Statutes of 1997

Similar legislation was SB 3 (Leslie-R), which became Chapter 714, Statutes of 1997.

AB 48 (Wright-D) Crack cocaine: costs

Requires the State Department of Alcohol and Drug Programs to issue a report on or before June 1, 2000, regarding various costs associated with the crack cocaine epidemic.

(In Senate Public Safety Committee)

AB 74* (Bowler-R) Vehicles: drivers' licenses: controlled substances

Requires the State Department of Motor Vehicles to immediately suspend or delay the driver's license of any person for 6 months upon receipt of a court abstract showing that the person has been convicted of any specified controlled substance offense, with each successive offense to be followed by an additional 6 months suspension. Becomes operative on June 30, 1999 and sunsets on January 1, 2000.

Chapter 5, Statutes of 1997

AB 141 (Runner-R) Controlled substances

Increases the penalties for numerous controlled substance crimes, particularly those related to methamphetamine/amphetamine and its precursors, heroin and cocaine.

(In Assembly Appropriations Committee)

AB 209* (Baca-D) Controlled substances: Drug Court Treatment Program

Authorizes San Bernardino County to establish, by resolution, a Drug Court Treatment Program (DCTP), whenever a case is before the court for specified controlled substances violations.

Establishes DCTP eligibility criteria and priority for persons who have family responsibilities, who are pregnant, or whose records reflect prior good-faith efforts at rehabilitation.

(In Assembly Public Safety Committee)

AB 432 (Baldwin-R) Minors: marijuana

Increases the penalties for minors found to possess small amounts of marijuana at school.

(Failed passage in Assembly Public Safety; reconsideration granted)

AB 513 (Hertzberg-D) Controlled substances: enhancements

Provides that enhancements for dealing in large amounts of amphetamine, methamphetamine, or phencyclidine also include manufacture of large amounts of those chemicals.

Chapter 505, Statutes of 1997

AB 610 (Margett-D) Marijuana: Compassionate Use Act of 1996

Defines, for purposes of the Compassionate Use Act of 1996, the phases "recommend" and "patient's primary caregiver."

Makes the protections of the act applicable only if the patient, or the patient's primary caregiver, is in possession of a specified written prescription at the time of arrest for possession or cultivation of marijuana.

Authorizes marijuana for medical purposes to be grown only through a grower licensed by the State Department of Food and Agriculture, following certain guidelines. Requires a grower to pay $20,000 as a licensing fee to the department to pay for the costs of monitoring growers, and a 10% tax on the sale of the product for education and enforcement by state law enforcement agencies and the department. Requires a grower to complete a training program.

Requires a supplier of marijuana to be licensed by the State Board of Pharmacy; requires a supplier to pay $20,000 as a licensing fee to the board to pay for the costs of administration and enforcement, and a 10% distribution tax on the sale of marijuana to establish an education public relations campaign.

(In Assembly Health Committee)

AB 758 (Morrow-R) Civil procedure: omnibus bill

Enacts the annual omnibus civil procedure bill, making changes to various code sections.

Chapter 442, Statutes of 1997

AB 904 (Miller-R) Controlled substances: penalties

Adds an additional 1 year sentence enhancement for manufacture of controlled substances when the act of manufacturing causes death or great bodily injury.

Chapter 553, Statutes of 1997

AB 1007 (Kaloogian-R) Medical report: drug usage

Prohibits the names of candidates for state constitutional offices, Assembly, and State Senate from being printed on the direct primary ballot unless the candidate submits a medical examination report that establishes whether the candidate has been tested within the last 30 days for use of controlled substances.

Requires that the medical report be filed with the county elections official, along with the candidate's nomination documents.

(Failed passage in Assembly Elections and Reapportionment Committee)

AB 1008 (Ashburn-R) General assistance: benefits: substance abuse

Bars for life any individual who is convicted of a felony for possession, use, or distribution of a controlled substance after December 31, 1997, from receipt of and for dependent children, as specified. The bill is part of the welfare reform package found under Public Social Services in this book.

Chapter 283, Statutes of 1997

Similar legislation was AB 1260 (Ashburn-R), which became Chapter 284, Statutes of 1997.

AB 1173 (Olberg-R) Controlled substances: manufacture and sale

Restructures the requirements for the lawful manufacture, distribution, and sale of specified controlled substances.

Chapter 397, Statutes of 1997

AB 1260 (Ashburn-R) Substance abuse: Aid

Makes clarifying changes to AB 1008 (Ashburn-R), in order to rectify a drafting error so that AB 1260 has the same effect as AB 1008.

Chapter 284, Statutes of 1997

AB 1384 (Havice-D) Controlled substances: unlawful detainer

Authorizes a district attorney, city attorney or city prosecutor to bring an unlawful detainer action against a person who engages in drug-related activity on or within 1,000 feet of a building. Permits the court to issue a partial eviction order to remove an individual who engages in the drug-related activity.

(In Assembly Judiciary Committee)

Drunk Driving Vehicle Code

SB 108 (Haynes-R) Vehicles: license plates: driving under the influence

Requires the issuance and display of special red "driving under the influence" license plates on every vehicle owned, operated or acquired by a person convicted of a 2nd or subsequent violation of driving under the influence of drugs or alcohol. Imposes fees and other conditions related to the license plate requirement.

(Failed passage in Senate Transportation Committee; reconsideration granted)

SB 126 (Brulte-R) Vehicles: reckless driving: punishment

Makes the offense of reckless driving where a driver causes bodily injury to anyone other than the driver punishable either as a misdemeanor, with imprisonment in the county jail for a term not to exceed 1 year, or as a felony, with imprisonment in the state prison. Makes the punishment with a prior conviction for the same offense imprisonment in the state prison for 2, 3 or 4 years.

(In Senate Public Safety Committee)

SB 131 (Kopp-I) Vehicles: controlled substances

Declares the opposition of the Legislature and Governor to the enactment and enforcement of federal law requiring states to enact driver's license sanctions against convicted drug offenders.

Double-joined with AB 74 (Bowler-R).

Chapter 6, Statutes of 1997

SB 171 (Knight-R) Vehicles: Department of Motor Vehicles: records

Grants peace officer status to members of the National Guard assigned to drug interdiction duty solely for the purpose of having their home addresses kept confidential by the State Department of Motor Vehicles, with specified exceptions.

Vetoed by the Governor

SB 1115 (Lockyer-D) Vehicles: ignition interlock devices

Changes the ignition interlock device programs for driving under the influence offenders, and gives the State Department of Motor Vehicles responsibility for the administration of the programs.

(In Assembly Appropriations Committee)

SB 1131 (Burton-D) Vehicles

Prohibits a person from driving a vehicle upon any highway while operating a cellular telephone, if the operation of that telephone by the driver requires the driver to hold the telephone in his or her hand.

(In Senate Transportation Committee)

SB 1176 (Johnson-R) Vehicles: driving under the influence: reckless driving

Requires, unless compelling circumstances, stated on the record, mitigate against making the order, a person who pleads guilty to alcohol- or drug-related reckless driving (so called "wet reckless") to complete a licensed alcohol/drug education program as a condition of probation.

(In Assembly Appropriations Committee)

SB 1177 (Johnson-R) Vehicles: driving under the influence: probation

Requires a person convicted of a second or subsequent driving under the influence (DUI) or DUI with injury, and who is ordered to complete a drug/alcohol education and counseling program as a condition of probation, to enroll in and complete all of the program after the date of the current offense.

Chapter 493, Statutes of 1997

SB 1183 (Polanco-D) Motor carriers: drug and alcohol testing

Requires the immediate 30-day suspension of the commercial driver's license of a driver who tests positive for alcohol or drugs, and specifies conditions for reinstatement of the license.

(In Senate Transportation Committee)

SB 1186 (Senate Criminal Procedure Committee) Vehicles: driving under the influence

Reorganizes specified provisions relating to driving under the influence without making any substantive changes to those provisions.

(In Senate Public Safety Committee)

AB 74* (Bowler-R) Driver's license sanctions

Provides that the State Department of Motor Vehicles immediately suspend, or delay, the driver's license of any person for 6 months upon receipt of a court abstract showing that the person has been convicted of any specified controlled substance offense, with each successive offense to be followed by an additional 6-month suspension. Becomes inoperative June 30, 1999 and repealed as of January 1, 2000. Contingent upon passage of SB 131 (Kopp-I).

Chapter 5, Statutes of 1997

AB 130 (Battin-R) Vehicles: driving under the influence: penalties

Makes any person who is convicted of driving under the influence (DUI), within 10 years of having previously been convicted of a felony DUI, guilty of a "wobbler."

Chapter 901, Statutes of 1997

AB 154 (Aguiar-R) Vehicles: driving under the influence

Increases the penalty of vehicular manslaughter while intoxicated, without gross negligence, from 16 months, 2 or 3 years in state prison,or up to 1 year in county jail, to 3, 5, or 7 years in state prison,or up to 1 year in jail. Increases punishment to 15 years to life, if the defendant has 2 prior convictions for driving under the influence.

(Failed passage in Assembly Public Safety Committee)

AB 483 (Floyd-D) Motorcycle helmets: misdemeanor

Requires the manufacturers and sellers of motorcycle safety helmets to either meet specified standards or to label helmets that do not comply with those standards. Makes failure to do so punishable as a misdemeanor.

(Failed passage on Assembly Floor)

AB 527 (Havice-D) Vehicles: immobilization: private property

Allows private property owners to utilize vehicle immobilization devices (boots) for parking enforcement purposes.

(In Assembly Transportation Committee)

AB 662 (Hertzberg-D) Vehicles: fleeing or evading a peace officer

Requires a magistrate to issue a warrant to order the impoundment of any vehicle used to evade a peace officer.

Chapter 743, Statutes of 1997

AB 709 (Ackerman-R) Driving under the influence programs: Orange County

Requires Orange County to demonstrate the merits of allowing a county to develop a nonlicensed driving under the influence (DUI) program to demonstrate whether allowing a county the flexibility in the delivery of DUI programs increases the effectiveness of the program and thus improve the results.

Requires the Orange County Department of Alcohol and Drug Programs, as an alternative, to establish a DUI program that exempts from licensing and regulation by the State Department of Alcohol and Drug Programs; permits courts in Orange County, as an alternative or in addition, to refer persons to nonlicensed programs, medical treatment, or residential placement, or any combination.

(In Assembly Health Committee)

AB 762 (Torlakson-D) Vehicles: driving under the influence: Contra Costa County

Creates a pilot program in Contra Costa County, until 2001, to impose higher fines and lengthened requirements for DUI programs. Makes the extent of the additional requirements dependent on the blood alcohol level when arrested. Also requires the State Department of Alcohol and Drug Programs to establish minimum specifications for an alcohol and drug problem assessment, to be administered to a person in a drug education program for the court to use to determine whether additional probation requirements should be imposed. Requires the State Department of Motor Vehicles to monitor recidivism of people in drug education programs to determine the effectiveness of the pilot program, and to report by 2002.

(In Senate Appropriations Committee)

AB 1168 (Kaloogian-R) Vehicles: driving under the influence: profile

With regard to a person convicted of a second or subsequent violation of driving under the influence (DUI) laws:

Requires the court to notify the State Department of Justice (DOJ) of that conviction and order the person to pay a $100 fee to cover the court's costs of doing so.
Requires the DOJ to make sure the person's "profile" (photo, name, birthdate, community of residence, number of DUI convictions and most recent court action imposed) is published in the legal notices section of the person's community newspaper; and requires DOJ to pay all costs associated with publication.

(In Assembly Appropriations Committee)

AB 1191 (Shelley-D) Traffic rules: running a red light

Increases the fine, plus penalty assessments, for running a red light from $104 to $270. Diverts 30% of the fine, plus penalty assessments, to the general fund of the city or county where the infraction occurred.

Chapter 852, Statutes of 1997

AB 1382 (Olberg-R) Vehicles: crimes: penalties

Increases the penalty for fleeing a peace officer causing serious bodily injury from an alternative misdemeanor/felony to a felony punishable by 8 years in state prison. Makes the punishment 25 to 30 years if death is proximately caused.

Requires any sentence imposed under these provisions to be served consecutively to any other sentence which may be imposed.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 1458 (Papan-D) Highways: vehicles

Requires that when a notice of violation for an offense recorded by a camera is issued to a driver, the notice shall be accompanied by an affidavit of nonliability which may be used by a vehicle rental or leasing company to identify the driver at the time of the alleged violation.

Vetoed by the Govenor

Procedural

SB 115 (Burton-D) Domestic violence: elimination of civil compromise

Eliminates civil compromise in domestic violence cases.

Chapter 18, Statutes of 1997

SB 123 (Peace-D) Criminal procedure

Requires that a motion to suppress be a noticed motion, and requires it to have a memorandum of points and authorities, as specified. Requires 5 days' written notice to be brought at preliminary hearing.

Chapter 279, Statutes of 1997

SB 151 (Peace-D) Habeas corpus

Expresses legislative intent to make changes in habeas corpus procedures.

(In Conference Committee)

SB 215 (Alpert-D) Criminal procedure: continuance of proceeding

Adds domestic violence cases to the kinds of cases expressly constituting good cause in the criminal proceeding continuance statute. Facilitates the vertical prosecution of such cases.

Chapter 69, Statutes of 1997

SB 284 (Monteith-R) Statute of limitations: statutory rape

Increases the statute of limitations for misdemeanor statutory rape, from 1 to 2 years.

(Failed passage in Senate Public Safety; reconsideration granted)

SB 334 (Lewis-R) Criminal procedure: plea bargaining: serious felonies

Adds knowingly causing or participating in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim, to the definition of serious felony for purposes of the prohibition on plea bargaining.

(In Senate Insurance Committee)

SB 443 (Johnson-R) Electronic tracking devices

States legislative intent that electronic tracking devices (ETD), used to determine the location or movement of a person, be used only when necessary to protect public safety. Permits any law enforcement agency to use an ETD if a court order is issued upon reasonable suspicion to believe that the person is involved in activity relating to a felony that has taken place, or is occurring or about to occur, or if the law enforcement agency has applied for a court order considering the use of an ETD to protect the public's safety.

Vetoed by the Governor

SB 641 (Polanco-D) Pretrial release: failure to appear

Includes individuals who are arrested for, and charged with, serious felonies with those who must have a hearing prior to release on bail or on his/her own recognizance.

Chapter 557, Statutes of 1997

SB 688 (Ayala-D) Electronic surveillance

Extends, by 5 years, the sunset provision on electronic surveillance, thereby authorizing interception of wire, electronic page and cellular telephone communications in certain circumstances. Repeals an identical law authorizing interception.

Chapter 355, Statutes of 1997

SB 726 (Kopp-I) Criminal procedure: dismissal of action

Requires the municipal court, in absence of a time waiver by the defendant, the municipal court to set a trial date in misdemeanor actions. Requires that whenever a misdemeanor defendant has been ordered to appear in municipal court on a case set for hearing prior to trial, and fails to appear on that date and a bench warrant is issued, the defendant be brought to trial within 30 days after the defendant next appears in the municipal court.

Chapter 541, Statutes of 1997

SB 910 (Calderon-D) Criminal actions: change of venue

Permits either the criminal defendant or the prosecution to make a motion for change of venue. Grants a change of venue motion when it appears that there is a substantial probability that a fair and impartial trial cannot be held.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

SB 925 (Ayala-D) Criminal procedure: probation reports

Clarifies the law and streamlines the process for obtaining probation reports by specifically including district attorneys and the subjects of the reports among the persons who may inspect or copy probation reports.

Chapter 128, Statutes of 1997

SB 941 (Leslie-R) Evidence: gang-related crimes

Chapter 499, Statutes of 1997

SB 1091 (Schiff-D) Criminal procedure: search warrants

Allows a peace officer to obtain a search warrant for a misdemeanor noise violation.

(Failed passage in Senate Criminal Procedures Committee; reconsideration granted.)

SB 1146 (Schiff-D) Criminal procedure: prior convictions

Requires that when a defendant is charged with a prior conviction in a criminal complaint, the question of whether the defendant is the person who suffered that conviction must be determined by the judge, instead of the jury, except in specified circumstances.

Chapter 95, Statutes of 1997

SB 1241 (Schiff-D) Criminal procedure: discovery

Requires a court, in cases where a party failed to comply with criminal discovery provisions, to order the immediate disclosure of all information required by those provisions, to provide for a reasonable delay for analysis and preparation for the testimony of any witness, and make any other lawful order necessary to accomplish the purposes of discovery. Requires the court, where the court finds that the party willfully failed to comply, to hold the responsible counsel in contempt, to impose an appropriate fine, and to report both the willful failure to comply and the amount of the fine to the State Bar.

(In Senate Public Safety Committee)

SCA 11 (Polanco-D) Release on own recognizance

Authorizes a person to be released on his or her own recognizance in accordance with standards provided by statute.

(In Senate Criminal Procedure Committee)

AB 33 (Pacheco-R) Criminal procedure: order of argument

Makes the order of argument in the penalty phase of a death penalty trial, in which neither the prosecution nor the defense has the burden of proof, the same as in the guilt phase of any trial, in which the prosecution has the burden of proof beyond a reasonable doubt.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 79 (Granlund-R) Criminal procedure: return of property

Requires, if the court file contains the name and address of a person from whom an exhibit is taken, the court clerk to notify the person that he/she may apply to have the exhibit returned. Requires the court to release exhibits from a criminal action free of charge to specified persons. Requires that, when a law enforcement agency identifies serialized property that has been reported lost or stolen, the agency notify the owner or person entitled to possession of the property within 15 days of making the identification.

Chapter 133, Statutes of 1997

AB 207 (Frusetta-R) Witness or victim: address

Enacts the Hayden and Frusetta Witness Protection Act of 1997. Prohibits an attorney from disclosing the address or telephone number of a victim or witness to the defendant's family or anyone else not employed by the attorney to assist in the preparation of the case.

Chapter 498, Statutes of 1997

AB 216 (Wayne-D) Criminal procedure: appeal

Provides that the people have the right to appeal an unlawful misdemeanor sentence to the superior court.

Chapter 255, Statutes of 1997

AB 249 (Cunneen-R) Criminal procedure

Makes videotaped conditional examinations admissible at trial in the event the witness becomes unavailable.

Chapter 19, Statutes of 1997

AB 273 (Sweeney-D) Counseling programs: payment

Requires a defendant, who is placed in a counseling program as a condition of probation for a child or family abuse case, to pay all reasonable fees due the counseling program before the terms of probation can be lifted, subject to the maximum time the defendant may otherwise be retained on probation, with specified exceptions.

Chapter 134, Statutes of 1997

AB 342 (Bowen-D) Criminal procedure: review by appellate court

Abrogates the People v Wende decision stating that an appellate court is not required to review the full record of a noncapital criminal case if an indigent defendants appointed counsel, after complying with specified requirements, finds no meritorious grounds on which to appeal.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 350 (Firestone-R) Stalking: emergency protective order

Establishes a procedure for obtaining an emergency protective order in stalking cases, as specified.

Chapter 169, Statutes of 1997

AB 356 (Figueroa-D) Restraining and protective orders

Provides civil immunity to law enforcement officers for claims of false arrest or false imprisonment for any act taken in good faith to enforce protective or restraining orders. Provides that a permanent restraining order may be served by mail, if the terms of the order are identical to the temporary restraining order which was personally served. Requires the Judicial Council to establish standardized forms for protective and restraining orders.

Chapter 347, Statutes of 1997

AB 386 (Pacheco-R) Criminal procedure: warrants: sealing

Provides that an affidavit supporting an arrest warrant or search warrant may be sealed if the underlying investigation is continuing and sealing is in the public interest because it is reasonably necessary to avoid any of the following:

Flight by a person under investigation.
Destruction of evidence.
Endangering of an informant.
Otherwise compromising the investigation.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 565 (McClintock-R) Criminal procedure: pleading

Makes the legal effect of a plea of nolo contendere equivalent to that of guilty for all purposes in all cases.

(In Assembly Public Safety Committee)

AB 618 (Cardenas-D) Misdemeanor bench warrants: bail bonds

Requires all misdemeanor bench warrants for cases involving specified spousal abuse or driving under the influence to be entered into the California Law Enforcement Telecommunications Systems.

Vetoed by the Governor

AB 635 (Oller-R) Testimony: closed-circuit television

Authorizes Placer County to establish a 3-year pilot project permitting a court in that county to allow its peace officers to testify, upon application by a law enforcement agency, and to allow specified defendants to testify or appear for arraignment, via closed-circuit television. Requires the presiding judge of the superior court of Placer County to evaluate the pilot project, as specified, and report to the Legislature and the Judicial Council. Sunsets January 1, 2001.

(In Senate Public Safety Committee)

AB 737 (Pacheco-R) Expert witness testimony

Prohibits an expert witness from revealing the content or details of any statement made or expressed by a non-testifying declarant, even if that statement would otherwise be admissible hearsay.

(In Assembly Judiciary Committee)

AB 1076 (Cardoza-D) Voluntary intoxication defense

Provides that evidence of voluntary intoxication shall not be admitted to negate the capacity to form any intent required to commit the offense of willful infliction of corporal injury upon specified persons.

(In Assembly Public Safety Committee)

Juvenile Justice

SB 56 (Ayala-D) Department of the Youth Authority

Increases the penalty from a misdemeanor to a felony for battery committed by a ward of the California Youth Authority (CYA) against an individual who is not confined, particularly CYA personnel.

(In Senate Appropriations Committee)

SB 93 (Ayala-D) Youthful offenders

Makes the State Department of Corrections (DOC) responsible for certain security-related matters at the California Youth Authority (CYA). Revises and expands the existing Advisory Commission on Juvenile Justice, Crime and Delinquency Prevention.

Requires the Office of the Inspector General, rather than the DOC, to review the CYA's Master Plan; revamps proposed written security standards; and revamps membership of the Advisory Commission in Juvenile Justice, Crime and Delinquency.

Vetoed by the Governor

SB 128 (Ayala-D) Juvenile offenders

Changes from "wards" to "inmates" references to those minors who are committed to the California Youth Authority.

(In Senate Public Safety Committee)

SB 149 (Knight-R) Battery against juvenile employees

Expands the scope of the existing crime of battery of a specified person (a misdemeanor), and battery of a specified person, with injury (a wobbler), by adding juvenile institution employees to the list of specified persons.

(In Senate Appropriations Committee)

SB 238* (Haynes-R) Juveniles: costs of support

Provides that the father, mother, spouse, or other person liable for the support of a minor shall not be liable for the costs of support of that minor while the minor is temporarily placed or detained in any institution or other place pursuant to Section 625 or is committed to any institution or other place pursuant to an order of the juvenile court, if the minor is placed or detained because he or she is found by a court to have committed a crime against that person. Provides that nothing in this bill shall be construed to extinguish a child support obligation between private parties.

Chapter 478, Statutes of 1997

SB 314 (Ayala-D) Juvenile sex offenders: registration

Expands the list of sex offenses for which minors must register as sex offenders, as specified. Requires sex offenders to register with the chief of police of a community college if that person is domiciled on campus.

Chapter 819, Statutes of 1997

SB 388 (Karnette-D) Juvenile offenders: confidentiality

Authorizes law enforcement agencies to release the name of, and any descriptive information about, a minor 14 years of age or older, as specified. Sunsets on January 1, 2000.

Chapter 341, Statutes of 1997

SB 422 (Mountjoy-R) Juvenile offenders: criminal jurisdiction

Provides that a minor, who is 10 years of age or older, is capable of committing crimes and that the minor may be prosecuted in a criminal court if that minor is presently alleged to have committed an act that is a felony, as defined, and the minor has been found to have committed 2 previous felonies.

Provides that a minor, who has attained 10 years of age but who has not attained 11 years of age, may be committed to the California Youth Authority if the minor is found to have committed a felony and the minor has been found to have committed 2 previous felonies.

(In Senate Public Safety Committee)

SB 483 (Schiff-D) Department of Juvenile Justice

Appropriates $75,000 from the General Fund to the State Board of Corrections (SBC) to conduct an independent study and assessment of programs that should be brought under the jurisdiction of the State Department of Juvenile Justice (DJJ).

Authorizes SBC to appoint an Executive Steering Committee, consisting of at least 2 members, with the assistance of the Legislative Analyst. Contains legislative intent language declaring the intent of the Legislature to create DJJ.

Vetoed by the Governor

SB 491 (Ayala-D) Secure juvenile facilities

Authorizes the probation officer of San Bernardino County, with the approval of the board of supervisors, to contract with a private entity for the operation, management, and control of secure juvenile facilities. Authorizes the county probation officer to contract with any public entity for the housing of specified persons who are being detained pending a hearing before, or pursuant to an order issued by, a court.

Repeals these provisions on January 1, 2003 and restores existing law.

(In Assembly Public Safety Committee)

SB 526 (Hayden-D) Youth Authority: tattoo removal

Requires the California Youth Authority to purchase 2 medical devices that utilize a laser to remove a tattoo from a person's skin and to place 1 in Los Angeles County and 1 within any of specified San Francisco Bay Area counties selected as specified in conjunction with the Office of Criminal Justice Planning and, if SB 980 (Hayden-D) of the 1997-98 Regular Session is enacted, the Peace Process Task Force. Appropriates $250,000 from the General Fund for purposes of the purchase, and requires the department to report to the Legislature on this program by March 1, 2000.

Chapter 907, Statutes of 1997

SB 590 (Johnson-R) Local juvenile facilities: stores: Ward Welfare Fund

Authorizes, upon approval of the county board of supervisors, the county probation officer to the establish a juvenile facility store. If such a store is established, requires the probation officer or similar county official to establish a Ward Welfare Fund in the county treasury, to be funded by the sale of sundries to wards or detainees, a percentage from the sale of confined minor hobbycraft, and specified telephone refunds and rebates to be expended for specified purposes benefiting the wards and detainees. Mirrors Penal Code section 4025, applicable to local jails.

Chapter 125, Statutes of 1997

SB 642* (Polanco-D) LEAD program

Extends the repeal dates of Leadership, Esteem, Ability and Discipline (LEAD) Program from June 30, 1997 until June 30, 1998, and extends the deadline for the submission of a final impact evaluation report until June 30, 1997.

(Held in Assembly Appropriations Committee)

SB 668 (Vasconcellos-D) Juvenile court law: purpose

Revises the purposes of the juvenile court law to include dispositions intended to accomplish specified public safety objectives. Sets forth 5 principles governing the operation of the juvenile justice system, including the right of the public to safe and secure homes and communities.

Vetoed by the Governor

SB 669 (Vasconcellos-D) Parenting education

Requires school districts to ensure that all pupils in grades 9 to 12 receive parenting education, as specified, and the California Youth Authority to offer parenting education to wards in their jurisdiction. Calls for the convening of a summit for the purpose of developing a master plan for parenting education in non-public school settings.

Requires the master plans to accommodate those persons who are no longer attending school in 1998; and requires school districts to ensure that all pupils who are pregnant and all pupils who are known to be prospective fathers shall be enrolled in the parenting education course. Requires the State Department of Education to submit a report to the Legislature by January 1, 2002.

Vetoed by the Governor

SB 711 (Mountjoy-R) Juvenile offenders: records

Requires the juvenile court to report to the State Department of Justice the criminal history of any minor adjudged to be a ward of the court because of the commission of a felony offense; and requires the department to retain this information and to make it available in the same manner as criminal offender record information.

Deletes the authority of the court to order that the name of the minor be kept confidential if the minor is found to have committed specified offenses.

Prohibits sealing the records of those specified juvenile offenses until at least 6 years after the minor was released from custody for commission of the offense; and prohibits the sealing of those records if the person commits a subsequent felony offense prior to expiration of the time period.

Allows a law enforcement agency to disclose specified information to the public or to any interested person regarding a minor 14 years of age or older who was found to have committed a serious felony unless a court for good cause, with a written statement of reasons, orders that the information not be released.

(In Senate Public Safety Committee)

SB 723 (Haynes-R) Secure juvenile facilities

Authorizes the county board of supervisors, the county probation officer, or the sheriff to contract with a private entity for the construction and operation of secure juvenile facilities.

Extends the sunset date, from January 1, 1998 to January 1, 2000, of the program that provides for the confinement of minors who are 16 years of age or older who have committed a violent felony in secured juvenile facilities.

(In Senate Public Safety Committee)

SB 808* (Costa-D) Juvenile offenders: facilities: bonds

Enacts the Local Juvenile Justice Facilities Bond Act of 1998 which, if adopted, authorizes for purposes of financing the construction of local juvenile justice facilities, the issuance of $350 million in general obligation bonds.

Provides for submission of the bond act to the voters at the next statewide general election.

(In Senate Appropriations Committee)

SB 817* (Polanco-D) Juveniles: facilities

Establishes juvenile services facilities, as defined. Authorizes a juvenile court to commit minors coming within the jurisdiction of that court who meet certain specified eligibility requirements to such a facility. Requires the State Department of Justice to inspect and license those facilities. Requires the department to adopt regulations as necessary to implement its requirements, in consultation with the California Youth Authority, judges, probation officers, public defenders, and other specified individuals and groups. Requires the department to report to the Legislature regarding the facilities juvenile services licensing category, as specified.

Requires facilities desiring licensure as juvenile services facilities to meet certain requirements, including, among other things, that it be a private, nonprofit facility or a county-operated facility, as specified. Requires written approval from the federal government of amendments to the California Title IV-E State Plan including juvenile services facilities as eligible foster care facilities before AFDC-FC payments can be made for children placed in those facilities.

Requires a court to make certain determinations prior to the court's ordering removal of a minor from the physical custody of his or her parents or guardian to a juvenile services facility.

(In Assembly Human Services Committee)

SB 822 (Lockyer-D) California Youth Violence Prevention Authority

Creates the 19-member California Youth Violence Prevention Authority, establishes the State Violence Prevention Fund, and appropriates $100 million from the General Fund for the program. Authorizes the Authority to administer a grant program.

(In Senate Appropriations Committee)

SB 931 (Schiff-D) State Board of Corrections

Increases the State Board of Corrections membership from its current membership of 11 members to 12 members. Requires the appointment of a manager or administrator of a local county juvenile facility, or an administrator of a community-based youth service program to be from a facility that works primarily with juveniles.

Vetoed by the Governor

SB 1050 (Alpert-D) Juvenile justice: at-risk youth

Authorizes counties to establish an "At-Risk Youth Early Intervention Program" designed to assess and serve families with children who have chronic behavioral problems that place the child at-risk of becoming a ward of the juvenile court. States that the purpose of the program is to provide a swift and local service response to youth behavior problems so that future involvement with the justice system may be avoided.

Appropriates $2 million to San Diego County for support of an At-Risk Youth Early Intervention Program.

Chapter 909, Statutes of 1997

SB 1058 (Schiff-D) Juvenile offenders

Expressly empowers courts to authorize law enforcement to release specified information concerning minors lawfully sought for arrest for specified serious and violent felonies.

Chapter 130, Statutes of 1997

SB 1095* (Lockyer-D) High-Risk Youth Education and Public Safety Program

Creates the High-Risk Youth Education and Public Safety Plan for first-time juvenile offenders and youths transitioning from juvenile ranches and camps.

Allows county offices of education and school districts to submit a proposed plan to serve high-risk first-time offenders, or transition high-risk youth, or both. Requires local plans to be approved by the county board of education or district governing board, and the chief probation officer.

Requires the Superintendent of Public Instruction (SPI) to consult with the State Board of Corrections and establishes minimum standards for the approval of plans for participation. Establishes criteria for prioritization if the SPI determines that funds appropriated for this purpose are not enough to fund all of the approved plans and, under such circumstances, requires SPI to select at least 3 plans to fund.

Requires participating educational agencies to include county offices and school districts, local government entities and the local community in the development of their local action plans. Requires participating educational agencies to develop data-sharing systems.

Requires the State Department of Education (SDE) to create an evaluation design for this program and to contract with an independent evaluator to assess the overall success of the program.

Requires participating educational agencies to submit outcome measure data to SDE. Requires the SPI to annually summarize this data, develop a final analysis of the program, and present it to the Legislature with recommendations by March 1, 2002.

Requires participating educational agencies to provide participants with a structured daily program of at least 8 hours a day, including a minimum of 4 hours of academic instruction. Prohibits the use of independent study to meet any instructional requirements.

Allows participating educational agencies to use funds generated by this act to pay for probation officers.

Appropriates $350,000 for the administrative costs of implementing this bill, and sets aside $200,000 of this amount to contract with an independent evaluation.

Chapter 340, Statutes of 1997

SB 1108* (Lockyer-D) Juvenile crime enforcement: appropriation

Makes changes to the eligibility criteria for grants under the Juvenile Crime Enforcement and Accountability Challenge Grant Program.

Requires a coordinating council to oversee county-based responses to juvenile crime and includes additional specified representatives. Appropriates $50 million to the board to be expended for competitive grants to counties under that program. Requires up to 3% of the appropriation to be transferred, upon approval by the Director of Finance, to the State Board of Corrections for expenditure for administrative purposes.

(In Senate Appropriations Committee)

SB 1136 (Kopp-I) Juvenile court proceedings

Requires a fitness hearing to be held when a minor is alleged to have committed a felony offense and the minor has twice been found to have committed a felony offense. Presumes that such a minor is unfit to be dealt with under juvenile court law. Establishes a deferred entry of judgment procedure in juvenile court for a minor who has committed a felony offense, if specified circumstances apply.

(In Senate Public Safety Committee)

SB 1195 (Schiff-D) Minors: hearings

Requires probation officers to inform victims of their right to submit a victim impact statement, as specified.

Makes it a misdemeanor carrying a $500 fine for the intentional dissemination of documents by the victims provided them by the court.

Requires district attorneys, upon request, to notify in a timely manner the victim, as specified, of all court dates, continuances, and dispositions pertaining to a juvenile case. Requires assistance to victims in obtaining copies of the charging petition, the minutes of the proceeding, and the orders of adjudication and disposition of the court that are contained in the court file in any case in which a minor is alleged to have committed a felony.

Chapter 910, Statutes of 1997

SB 1204 (Schiff-D) Youth Authority: mentoring programs: wards

Requires the California Youth Authority to annually recognize Californians who participate voluntarily in youth mentoring programs, perform special services that promote mentoring programs, or make exceptional contributions to mentoring programs.

Chapter 281, Statutes of 1997

SB 1218 (Schiff-D) Youthful offenders: release from youth authority

Authorizes a youthful felony offender to be released, under supervision, for a period not to exceed 2 years after the person reaches age 25.

Requires the board to review the cases of persons scheduled to be discharged from the California Youth Authority at least 120 days prior to the scheduled date of discharge to determine if the person should be provided liberty with supervision or should be subject to extended control.

(In Senate Public Safety Committee)

SB 1221 (Schiff-D) Juvenile Parole-Probation Pilot Project

Establishes, until June 30, 2001, the Juvenile Parole-Probation Pilot Project in up to 2 counties. Requires that any person adjudged a ward of the juvenile court by the court of a participating county, and committed to the California Youth Authority (CYA), be transferred to the committing county upon parole, with supervision by the county probation department and jurisdiction of the Youthful Offender Parole Board. Provides wards with specified services.

Requires each participating county to establish a trust fund for the deposit of funds from the CYA Director upon the transfer of any ward to the county.

Vetoed by the Governor

SB 1230 (Watson-D) Board of Corrections: membership

Adds 4 members to the State Board of Corrections (SBC): a juvenile court judge, an administrator of a county juvenile detention or juvenile correctional facility, a juvenile justice medical or mental health professional, and an administrator of a community-based youth service program. Requires these 4 members to be Governor's appointees, after consultation with the SBC Chair of the board and the approval of the Senate.

Requires that 1 of the 2 public members now on the SBC be experienced in the design, administration, or delivery of programs or services for juvenile offenders or predelinquent youth.

(In Senate Public Safety Committee)

SB 1279 (Schiff-D) Minors

Specifies that a minor who is adjudged a ward of the court because of disobedience or truancy and who is found in contempt of court may be punished by being held in a secure facility during nonschool hours, if specified conditions are met.

Authorizes the court to adjudge a minor a ward of the court under the provisions relating to status offenders if the minor is a member or associated with any criminal street gang, as specified. Authorizes the parent or guardian of a minor to file a petition in juvenile court, after consultation with a probation officer, requesting that a minor be adjudged a ward of the court. Requires the juvenile court to issue citations to parents, guardians, and foster parents of a minor to appear at court hearings concerning the minor.

(In Senate Public Safety Committee)

SB 1293 (Schiff-D) Minors: trial as adult

Requires a minor, who is 14 years of age or older, who personally committs murder or forcible rape, to be prosecuted in a court of criminal jurisdiction, and deletes those offenses from being subject to a fitness hearing review. Establishes procedures in nonconfidential proceedings in the juvenile court for the prosecution of minors, who are 14 years of age or older, committing specified offenses. Requires the court, upon a guilty plea or a finding of guilt, to declare the minor a ward and commit him or her to a secure juvenile facility, or to suspend entry of an adult criminal conviction, and suspends the imposition of a criminal sentence, as provided. Gives minors specified rights in those proceedings, including the right to trial by jury.

(In Senate Public Safety Committee)

SB 1311 (Schiff-D) Juvenile offenders: records

Requires the juvenile court to report to the State Department of Justice (DOJ) the criminal history of a minor adjudged a ward of the court for a felony offense; and requires the DOJ to maintain data on serious, violent and habitual offenders.

(In Assembly Appropriations Committee)

AB 5 (Bowen-D) Juveniles

Prohibits the placement of minors, adjudged wards of the court for violent or serious crimes or for the commission of a residential burglary, in group homes housing 6 or less residents.

(In Assembly Human Services Committee)

AB 26 (Runner-R) Juveniles: criminal street gangs

Creates a presumption that juveniles,14 years of age or older, charged with criminal street gang offenses should be tried as adults. Requires that any minor, age 14 years or older, alleged to have committed any offense which is a felony violation of the criminal street gang provision is deemed presumptively unfit for juvenile court.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 70* (Woods-R) Juveniles: county costs

Mitigates the financial impact of fees charged to counties to defray the state's cost for commitments to the California Youth Authority (CYA). Reduces the "sliding scale" fees (those based on the severity of the youth's offense) to 80% of the currently required level in 1997-98 and to 90% of the required level in 1998-99. Provides for full fees to be charged in later years.

Prohibits a court from committing a youth to the CYA from a county with a community-based punishment plan, unless the court finds that extraordinary circumstances require it. Clarifies that the fees charged against counties do not apply to parolees. Defines the offense that triggers the sliding scale fee to be the most serious offense.

(In Senate Appropriations Committee)

AB 320* (Goldsmith-R) The Justice Fellowship

Enacts a victim-offender reconciliation, community service and restitution pilot project in up to 3 counties for nonviolent juvenile offenders.

Vetoed by the Governor

AB 369 (Baca-D) Local juvenile detention

Requires the State Board of Corrections to conduct a study concerning certain local juvenile offender detention practices, as specified.

Vetoed by the Governor

AB 432 (Baldwin-R) Crimes: minors

Increases the penalties for minors found to possess small amounts of marijuana at school.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 486 (Margett-R) Juveniles: responsibility

Creates the Juvenile Responsibility and Opportunity Act of 1997, operative as specified. Establishes a pilot project, to be available in any county upon the adoption of a specified resolution by the board of supervisors and the county board of education, that permits the county probation department to seek outside funding and in-kind contributions, in addition to public sector funding, for the support of the juvenile homes, ranches, and camps.

Requires each participating county superintendent of schools to provide an education program that includes specified educational and vocational elements and a transition plan for pupils enrolled in the programs operated by the county superintendent of schools who are to be released from county juvenile camps or ranches, as specified. Requires the county office of education to contract with an independent evaluator to determine the success of the program, as specified; and to report their findings to the Legislature. Requires the Superintendent of Public Instruction (SPI) to allocate to the county superintendent of schools participating in the program, $1,500 for each unit of average daily attendance reported, for pupils enrolled in the educational programs operated by the county superintendent of schools at the county juvenile ranches or camps.

Appropriates $2,250,000 from the General Fund to the SPI for the purpose of making those allocations for the 1997-98 fiscal year.

(In Senate Appropriations Committee)

AB 555 (Battin-R) Juvenile offenders

Grants district attorneys the authority to file cases against minors, 14 years of age or older, directly in criminal court in any case where specified circumstances apply.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 562 (Bowen-D) Juvenile court commissioners

Creates informal juvenile courts to deal swiftly with minor juvenile crimes, thus providing early intervention in the lives of juvenile offenders.

(In Senate Public Safety Committee)

AB 598 (Davis-D) Juvenile offenders: the choice program

Expresses legislative intent to make state incentive funds available to counties and California State University campuses or foundations to implement a "Choice Program" to address the needs of youth served through the juvenile and protective service systems.

(In Assembly Appropriations Committee)

AB 622 (Miller-R) Juveniles: arrests

Makes specified amendments to the law concerning the citation and release of minors to traffic court.

Chapter 348, Statutes of 1997

AB 640 (Aguiar-R) High school academies

Authorizes the San Bernardino County Sheriff's Department to establish the "Juvenile Crime Reduction and Education Academy Pilot Project."

Chapter 678, Statutes of 1997

AB 687 (Bowler-R) Youthful offenders: firearms

Mandates that any minor, 14 years of age or older, who is found to be a delinquent ward of the court by reason of the commission of a specified serious or violent offense where the minor personally used a firearm during the commission of the offense to be committed to the California Youth Authority (CYA) for at least 1 year. Specifies the court shall have no discretion to make any disposition other than commitment to the CYA.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 688 (Bowler-R) Firearms: juveniles

Deletes the requirement that a juvenile be found to be a fit and proper subject to be dealt with under the juvenile court law in specified offenses involving a firearm.

Double-joined with AB 78 (Granlund-R).

Chapter 143, Statutes of 1997

AB 722 (Leach-R) Sex offenders: registration: juveniles

Requires all juveniles, who have been adjudicated to have committed specified sex offenses, to register as sex offenders, regardless of their post-adjudication placements, except in the interest of justice.

(In Senate Public Safety Committee)

AB 741 (Washington-D) At-risk youths

Provides for a tax credit for wages paid up to $5,000 during the first year of employment to a qualified at-risk youth who has spent at least the past 3 months at a county juvenile home or California Youth Authority facility.

(In Senate Appropriations Committee)

AB 761 (McClintock-R) Juvenile court proceedings

Requires the court to use whatever means are available to require the parents of a minor, who is the subject of a detention, jurisdictional or dispositional hearing, to attend those hearings.

Chapter 903, Statutes of 1997

AB 828 (Aroner-D) Pupils

Establishes the Second Shift Youth Enrichment Act to effectively leverage federal, state and local resources and increase collaboration among existing programs in the schools and community, as specified.

(In Assembly Appropriations Committee)

AB 832 (Poochigian-R) Stolen vehicles: enhanced punishment: liability

Deletes the requirement in existing law that a prior auto theft or joyriding conviction must have been a felony to subject a person to increased state prison penalties for auto theft or joyriding in a current prosecution.

Holds parents or guardians of juveniles, determined by a juvenile court to have committed 2 or more offenses of auto theft or joyriding, liable for up to $500 in damages caused by the taking of the vehicle.

(Failed passage in Senate Public Safety Committee)

AB 986 (Migden-D) Juvenile court law: purpose

Revises the purposes of the juvenile court law, including dispositions intended to accomplish specified public safety objectives. Sets forth 5 principles governing the operation of the juvenile justice system, including the right of the public to safe and secure homes and communities.

(In Senate Public Safety Committee)

AB 987 (Pacheco-R) Criminal prosecution of minors

Allows prosecutors to directly file charges of sex offenses and murder against any minor, 14 years old or more, in adult court without the need for a judicial hearing.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1091 (Assembly Judiciary Committee) Minors

Deletes the requirements that the adjudication of dependency of a minor occur on or after January 1, 1989.

(In Assembly awaiting assignment to committee)

AB 1105 (Hertzberg-D) Juvenile court

Establishes an "Expedited Youth Accountability Program" to be operative on January 1, 1998 and implemented in all branches of the juvenile court in Los Angeles County by July 1, 1998.

Requires the program to be operative in any other county in which a committee, consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court, votes to participate in the program, upon approval by the board of supervisors.

Requires the peace officer or probation officer releasing the minor to issue a citation and obtain a written promise to appear in juvenile court, or record the minor's refusal to sign and serve a notice to appear in juvenile court.

Double-joined with SB 810 (Johnson-R).

Chapter 679, Statutes of 1997

AB 1117 (Bustamante-D) Juvenile court: wards

Requires the court, if a minor is found to come within the jurisdiction of the juvenile court, as specified, on the basis of the commission of a felony, and the minor has been found by the court to have committed two other felonies, regardless of whether those felonies were alleged in a single petition or in multiple petitions, to order and adjudge the minor to be a ward of the court, and to either order the minor to be held in physical confinement, as specified, or, if none of the felonies were violent, as defined, the court may place the minor in a group home or residential treatment facility for purposes of rehabilitation.

Prohibits a court from granting a petition to seal records relating to any felonies involved in such a case.

(In Senate Public Safety Committee)

AB 1118* (Bustamante-D) Juvenile Boot Camp Challenge Grant Program

Establishes the Juvenile Boot Camp Challenge Grant Program and the Juvenile Boot Camp Bond Act to provide funding to build and operate juvenile boot camps.

(In Assembly Appropriations Committee)

AB 1151 (Goldsmith-R) Minors: infraction

Creates a daytime curfew during regular school hours for youth who are required to attend school.

(In Assembly Appropriations Committee)

AB 1152 (Poochigian-R) Electronic monitors

Makes the unauthorized removal of an electronic monitor by a minor under the supervision of a probation officer a misdemeanor, as specified.

Requires restitution to be part of the punishment if the monitoring device is damaged or discarded.

Chapter 267, Statutes of 1997

AB 1196 (Shelley-D) Juveniles: placement of dependent children

Provides additional factors that must be considered when determining if foster care placement of a child with a relative is appropriate, including the safety of the relative's home, and whether any person in the home has a prior history of violent criminal acts or has been held responsible for child abuse or neglect.

Chapter 268, Statutes of 1997

AB 1212 (Wright-D) Juvenile and youth facilities

Places a $600 million bond act for state and local juvenile facilities on an unspecified ballot.

(Held in Assembly Appropriations Committee)

AB 1285 (Frusetta-R) Juvenile courts

Requires any hearing to determine whether a minor is unfit for all juvenile proceedings authorized to be heard by a subordinate judicial hearing officer to bear the name of the judge under whose authority they are acting.

(In Senate Public Safety Committee)

AB 1300 (Baugh-R) Minors: detention

Makes specified changes to current law concerning the temporary custody of minors for public intoxication or substance abuse, as specified.

(On Senate Inactive File)

AB 1325 (Bordonaro-R) Youthful offenders

Makes a warrant for the arrest of a minor permissible without personal service if the whereabouts of the minor are unknown and a showing has been made that all reasonable efforts to locate the minor have failed, or that the minor has willfully evaded service of process.

Chapter 447, Statutes of 1997

AB 1455 (Bordonaro-R) Juveniles

Makes it a misdemeanor for a minor to take an unauthorized leave from a placement in a residential facility.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1562 (Assembly Budget Committee) Budget Act of 1996: contingencies and emergencies

Provides a $10 million General Fund loan to the California Youth Authority to meet operational cash-flow needs in the current year.

Chapter 27, Statutes of 1997

Weapons

SB 63 (Peace-D) Firearms

Requires federal curio and relic firearms collectors in California, who lawfully acquire a curio or relic handgun outside this state, to report the acquisition of that firearm to the State Department of Justice (DOJ), as prescribed by DOJ. Makes changes pertaining to that new requirement on such transactions, such as allowing DOJ to charge for actual costs of the mandated report.

Allows DOJ to assign a distinguishing mark to any firearm, not just a pistol or revolver, when the regular mark is obliterated.

Adds specific exemptions to the existing general prohibition on the acquisition, possession or transportation of firearms with obliterated ID marks, such as for peace officers possessing such weapons in the normal course of business.

(In Senate Public Safety Committee)

SB 142 (Knight-R) Weapons: concealable weapons' licenses

Defines "good cause" for purposes of issuing a concealed weapons' permit, and requires the licensing authority to deal fairly and in good faith with an applicant for a license.

(In Senate Public Safety Committee)

SB 146 (Johnston-D) Firearms: licenses

Provides that a sheriff may issue a concealable weapons' (CCW) license to any county resident and that a city police chief may issue a CCW license only to residents.

Chapter 408, Statutes of 1997

SB 243* (Peace-D) Security services: concealed firearms

Makes various clean-up changes to current law relating to off-duty peace officers and their authority to carry concealed weapons.

Double-joined with SB 780 (Kelley-R).

Chapter 452, Statutes of 1997

SB 420 (Johnson-R) Sentencing: firearms

Provides that, notwithstanding any other law, a person who is charged as a principal in the commission of a serious or violent felony who personally possesses a firearm or who has a firearm under his or her custody and control and within his or her reach during the commission of the felony is punishable by an additional term of 10 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. Provides that, if the firearm is displayed, discharged, or used under those circumstances, the person is punishable by an additional term of 20 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. If anyone is injured as a result of the firearm being used or discharged under those circumstances, makes the person punishable by an additional term of 30 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony.

(In Senate Public Safety Committee)

SB 500 (Polanco-D) Restrictions on nonsporting pistols and revolvers

Prohibits the manufacture, keeping for sale, offering or exposing for sale, or giving or lending of any "nonsporting pistol or nonsporting revolver" in California, with specified exceptions.

Vetoed by the Governor

SB 591 (Johnson-R) Firearm dealers

Authorizes the State Department of Justice to require a firearms dealer to charge a firearms purchaser the fee (up to $14) to cover the costs of collecting and processing purchaser information, instead of charging the firearms dealer the fee. Exempts the above fee from sales and use tax. Prohibits the state from reimbursing local agencies for the sale and use tax revenue losses resulting from this bill.

(Held under submission in Assembly Appropriations Committee)

SB 643 (Polanco-D) Handgun ammunition: research

Enacts, in statute, specific authority for local entities to enact local laws which are more restrictive than state law for the regulation of firearms and ammunition.

(On Senate Inactive File)

SB 683 (Watson-D) Handgun ammunition: research

Requires the Attorney General to conduct research regarding technological developments relative to bullet and handgun ammunition identification taggants and identification of ammunition through numbering and report to the Legislature by August 1, 1998.

(Held without recommendation in Senate Appropriations Committee)

SB 835 (Hurtt-R) Firearms: 10-20-life

Requires that a defendant, who personally uses a firearm in the commission of any felony, be punished by an additional and consecutive enhancement of 10 years for the first offense, 20 years for the second offense, and 7 years to life for any subsequent offense.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

SB 853 (Schiff-D) School crime reporting: firearms

Establishes a 4-year pilot project to implement a local law enforcement program to confiscate illegal firearms in the Counties of Fresno and Los Angeles.

Chapter 908, Statutes of 1997

SB 982 (Lee-D) Firearms: purchasers: identification

Makes guilty of a felony any person, who knowingly presents false evidence of identity for purposes of purchasing a firearm, knowing that evidence to be false.

(In Senate Public Safety Committee)

SB 1339 (Calderon-D) Firearms

States that any person who possesses, sells, lends, gives away, or offers to sell a belt-fed shotgun, detachable rifle magazine, detachable shotgun magazine, detachable pistol magazine, or belt-feeding device, is guilty of an alternate felony/misdemeanor.

(On Assembly Inactive File)

SCA 14 (Mountjoy-R) Right to keep and bear arms

Declares that the right of the people to keep and bear arms, individually and collectively, is an unalienable, inherent, and natural right, acknowledged in the common law, confirmed by the Second Amendment to the United States Constitution, and secured by the Act for the Admission of California into the Union; and that the full and necessary exercise, affiliated activity, and benefits of this right are reaffirmed, guaranteed, and protected from all infringements.

Specifies that the restraints in this bill shall also apply to purported treaties, to related legislation, to executive orders, and to martial law, and that all constitutional provisions, state laws, local government ordinances, acts, or agreements from any source whatsoever that are inconsistent with these provisions, are inoperative.

(In Senate Judiciary Committee)

AB 4 (Bordonaro-R) Firearms: sentencing

Requires that a defendant who is armed with, or discharges a firearm in one of specified felonies, to be sentenced to an additional consecutive term of 10 years in state prison.

Chapter 503, Statutes of 1997

AB 23 (Perata-D) Firearms: assault weapons

Adds generic definitions of what constitutes an assault weapon. States that it was the Legislature's intent, in 1989, to ban all assault weapons, regardless of their name, model number or manufacturer. States that the bill does not apply to a curio or relic, as defined, a firearm rendered permanently inoperable, or a semiautomatic shotgun that has been permanently altered so that it has a fixed magazine capacity of no greater than 5 rounds. States that unlawful possession of an assault weapon is not a nuisance in specified circumstances, and that the weapon may be returned to the person who possessed it, in certain circumstances, if he or she registers within a specified period and meets specified criteria, similar to existing law. Specifies that unlawful possession of an assault weapon is an infraction, in certain circumstances, similar to existing law.

(On Assembly Unfinished Business File)

AB 78 (Granlund-R) Dangerous Weapons' Control Law

Makes a variety to changes to the Dangerous Weapons' Control Law to address issues raised in several recent court of appeal decisions and a request by the State Attorney General.

Double-joined with AB 688 (Bowler-R) and AB 1221 (Aroner-D).

Chapter 158, Statutes of 1997

AB 131 (Ortiz-D) Firearms: theft or loss

Requires any person whose pistol, revolver, or other firearm capable of being concealed upon the person is stolen or irretrievably lost to report the theft or loss to any local law enforcement agency of the city, county, or city and county in which the loss or theft occurred as soon as practical or as soon as the person is capable after the theft or loss has occurred. Provides that any person who violates this provision is liable for a civil penalty not to exceed $100.

(In Senate Public Safety Committee)

AB 136 (Villaraigosa-D) Firearms: state pre-emptions

Repeals the state's pre-emption of local firearm registration and licensing laws.

(On Assembly Inactive File)

AB 199 (Sweeney-D) Firearms: criminal offenders

Eliminates the requirement that the person be found to be a fit and proper subject to be dealt with under the juvenile court law, and makes a violation of the prohibition punishable as a felony. For certain felony offenses, prohibits indefinitely the person from purchasing, owning, possessing, or having under his or her custody or control, a firearm, except that he or she could petition the court at disposition and only, once after having attained the age of 30 years, for a reduction or elimination of the prohibition.

(In Senate Public Safety Committee)

AB 202 (Scott-D) Handgrenades: destructive devices

Adds metal military practice handgrenades or metal replica handgrenades (unless modified) to the existing list of disguised firearms and deadly weapons which are generally illegal in California, punishable as either a misdemeanor or felony.

Makes first violations involving any metal military practice handgrenade or metal replica handgrenade punishable as an infraction, except where the person is an active participant in any criminal street gang, pursuant to the Street Terrorism Enforcement and Prevention Act.

Adds destructive devices, handgun ammunition designed to penetrate metal or armor, booby traps and silencers to the list of weapons which it is unlawful to advertise for sale in California.

Chapter 593, Statutes of 1997

AB 210 (Hertzberg-D) Explosive devices

Increases the penalty for exploding or attempting to explode a destructive device with intent to commit murder, from the current penalty of 5, 7, or 9 years, to 7 years to life.

Chapter 302, Statutes of 1997

AB 220 (Kaloogian-R) Firearms: juveniles

Clarifies that California Youth Authority parolees, under the jurisdiction of the Youthful Offender Parole Board, may not possess guns.

(In Senate Public Safety Committee)

AB 247 (Scott-D) Firearms: preemption

Allows any city or county to prohibit the sale (or otherwise regulate the sale) of firearms by enacting an ordinance.

(On Assembly Inactive File)

AB 304 (Scott-D) Causing a concealable weapon to be carried in a vehicle

Makes a person who carries a concealable firearm (handgun) to be carried within any vehicle in which he or she is an occupant guilty of possession of a concealable firearm, an offense which is either a felony or misdemeanor, depending on the status of the defendant (prior convictions, gant affiliation, etc.), and whether or not the handgun is stolen.

Chapter 459, Statutes of 1997

AB 406 (Brewer-R) Sentencing: enhancements: use of firearm or deadly weapon

Provides that, if any participant in a sex crime in concert uses a firearm or deadly weapon, each participant in the crime who has actual knowledge of the use of a firearm or deadly weapon will receive a sentence enhancement of 3 years, 4 years, or 10 years in prison.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 429 (Goldsmith-R) Obstruction of justice

Increases the penalty for taking a firearm from the person or immediate presence of a peace officer from 16 months, 2, or 3 years in state prison, to 4, 6, or 8 years. Increases the penalty for attempting to remove a firearm from the person or immediate presence of a peace officer from a wobbler, punishable by 16 months, 2, or 3 years in state prison, or up to 1 year in county jail, to a straight felony punishable by 2, 3, or 4 years. Removes the requirement that the prosecution prove the officer was obstructed, or delayed by the disarming acts of the defendant.

(Motion to withdraw from Assembly Appropriations Committee; failed passage)

AB 477 (Leonard-R) Permits for explosives

Consolidates references to firebombs in one chapter of the Penal Code, and defines "incendiary device." Requires 2 sets of fingerprints of persons applying for a permit to deal in explosives. Authorizes peace officers and armed service personnel to transport, as well as use, destructive devices and explosives.

Chapter 260, Statutes of 1997

AB 488 (Scott-D) Firearms

Contains clarifying language to SB 500 (Polanco-D) that was vetoed. Exempts specified antique single action handguns manufactured prior to 1900.

Vetoed by the Governor

AB 491 (Keeley-D) Criminal storage of firearms

Expands the existing criminal storage of a firearm penalty to include such storage when a child is under the age of 16 (currently 14), creates a new penalty for criminal storage of a handgun, unloaded or not, when no injury occurs and the existing law does not apply, and makes related changes.

Double-joined with AB 1124 (Aroner-D).

Chapter 460, Statutes of 1997

AB 532 (Knox-D) Firearms

Prohibits firearms dealers from delivering more than 1 handgun to a person during a 30-day period.

(On Assembly Inactive File)

AB 533 (Knox-D) Weapon scanning devices

Provides that a weapons scanning device may be used only by a peace officer, correctional officer or custodial officer who has received training in the use of the devices certified by the Peace Officer Standards and Training program or the Correctional Peace Officers' Standards and Training program.

(In Senate Public Safety Committee)

AB 646 (Caldera-D) Explosive material: taggants

Prohibits any person from manufacturing or offering for sale, in this state, explosive material that has not been tagged, as required by rules and regulations adopted by the State Attorney General for purposes of detection and identification. Makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding 1 year or in the state prison for 2, 3, or 4 years, or by both that fine and imprisonment.

(In Assembly Public Safety Committee)

AB 675 (Villaraigosa-D) Firearms: intoxication

Makes it an alternate felony/misdemeanor, punishable by up to 1 year in county jail or 16 months, 2, or 3 years in state prison, for a person to possess a handgun if that person has a blood alcohol content of 0.08% or more. Specifies that this does not apply to peace officers in the performance of their duties.

(In Assembly Appropriations Committee)

AB 687 (Bowler-R) Youthful offenders: firearms

Mandates that any minor (who is found to be a delinquent ward of the court by reason of the commission of a specified serious or violent offense), 14 years of age or older, wherein the minor personally used a firearm during the commission of the offense, shall be committed to the California Youth Authority (CYA) for at least 1 year. Specifies that the court shall have no discretion to make any disposition other than commitment to the CYA.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 688 (Bowler-R) Firearms: juveniles

Deletes the requirement that a juvenile be found to be a fit and proper subject to be dealt with under the juvenile court law in specified offenses involving a firearm.

Double-joined with AB 78 (Granlund-R).

Chapter 143, Statutes of 1997

AB 689 (Bowler-R) Firearms

Requires that each application for firearms eligibility determination to be accompanied by 2 sets of fingerprints of the applicant. Authorizes the State Department of Justice to participate in the National Instant Criminal Background Check System, as specified.

Chapter 235, Statutes of 1997

AB 887 (Ortiz-D) Firearms: insurance

Requires insurers to provide data to the State Insurance Commissioner on firearms and injuries, and requires insurers to send a designated notice to policyholders of homeowners insurance.

(In Assembly Insurance Committee)

AB 988 (Perata-D) Product liability: firearms

Provides that in a product liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.

(In Assembly Judiciary Committee)

AB 991 (Shelley-D) Out-of-state handguns

Requires a person moving into California with a handgun acquired outside of California to register the handgun with the State Department of Justice (DOJ), as specified, with violations punishable as a misdemeanor.

Requires California residents, who are federally licensed curio and relic firearms collectors, who lawfully acquire a curio or relic handgun outside this state, to report the acquisition of that firearm to the DOJ, as specified, with violations punishable as a misdemeanor.

Requires DOJ to conduct a public education and notification program regarding the requirements for new residents to register handguns in order to ensure a high degree of publicity about the requirement.

Requires the State Department of Food and Agriculture to post notices about laws pertaining to bringing firearms into this state at border inspection stations.

Double-joined with AB 1124 (Grandlund-R) and SB 591 (Johnson-R).

Chapter 462, Statutes of 1997

AB 1107 (Ortiz-D) Firearms

Makes it a felony, punishable by up to 5 years in state prison, to sell guns, ammunition, gun parts, or explosive devices on public property.

(In Assembly Appropriations Committee)

AB 1124 (Aroner-D) Firearms: mandatory "trigger locks"

Requires licensed firearms dealers, beginning July 1, 1998, to provide the purchaser or transferee of a firearm with a trigger lock or similar device, as specified. Exempts a relic, curio, memorabilia, or display firearm from this requirement.

Requires the licensee to provide each purchaser or transferee with a copy of the State Department of Justice's (DOJ) pamphlet regarding firearms laws. Requires DOJ to include, in that pamphlet, the penalties for unlawful storage of a firearm and the most recent statistics on firearms used in suicides and accidental shootings in this state.

Vetoed by the Governor

AB 1201 (Shelley-D) Firearms

Requires a person moving into California (with a handgun acquired outside of California), who did not receive the gun from a California licensed gun dealer, to register the gun with the State Department of Justice. Creates a licensing system for acquisition handguns and imposes fees and other conditions for maintaining a license. Enacts a system of handgun registration.

(In Assembly Public Safety Committee)

AB 1221 (Aroner-D) Ammunition sales

Makes it unlawful for any person, corporation or dealer to sell any ammunition or reloaded ammunition designed and intended for use in a pistol, revolver, or other firearm capable of being concealed upon the person, to a person knowing that person to be under 21 years of age.

Double-joined with AB 78 (Granlund-R).

Chapter 463, Statutes of 1997

AB 1369 (Oller-R) Concealed firearm licenses

Requires the issuance of a license to carry a concealed weapon within 15 days of receipt of the State Department of Justice's report of all data and information pertaining to the applicant, upon proof that the applicant is a resident of the county, is 21 years of age or older and a citizen or legal resident of the United States, desires legal means to carry a concealed firearm for lawful self-defense, and demonstrates competence with a firearm, as specified. Provides for other provisions concerning licensing of a concealed firearm.

(In Assembly Public Safety Committee)

AB 1468 (Runner-R) Concealed firearms: reserve or auxiliary peace officers

Authorizes sheriffs and police chiefs to issue permits to their reserve peace officers regardless of residency in the respective county or city and to waive fees.

Chapter 744, Statutes of 1997

ACR 3 (Wright-D) Eddie Eagle Elementary Gun Safety Education Program

Encourages the funding of the Eddie Eagle Elementary Gun Safety Education Program by civic and community service organizations, encourages educational institutions in grades kindergarten through 6 to promote the use of the program in the public schools, and commends the National Rifle Association for developing the program and making it available for use in the state.

(Failed passage in Senate Education Committee)

Trial Court Funding Reform

One of the most important issues which the Legislature resolved this year was concerning trial court funding. Basically, the legislation shifted funding of the courts from the counties to the state, thus providing local governments some fiscal relief. The Legislature, in the earlier part of the year, had to appropriate emergency funding for support of the courts during the current fiscal year (SB 21, Lockyer-D). Bills which made up the reform package included AB 233, AB 1571, and AB 1574.

SB 9* (Lockyer-D) Trial courts: funding

Enacts the Trial Court Funding and Improvement Act of 1997, which provides for the state to assume responsibility for funding trial court operations. Provides that county contributions are permanently capped at the 1994-95 level with the state funding all future growth. Raises certain civil court fees to reduce general tax support of civil trials. Establishes 2 task forces to evaluate and make recommendations on employee and facilities issues. Creates the Civil Delay Reduction Team until July 1, 1999, to assist counties and courts in reducing the delay in adjudicating civil cases.

(In Senate Appropriations Committee)

SB 21* (Lockyer-D) Trial court funding

Appropriates $290,500,000 from the General Fund to the Trial Court Trust Fund for support of the trial courts during the 1996-97 fiscal year.

Chapter 3, Statutes of 1997

SB 37* (Johannessen-R) Trial courts: funding

Sets forth the findings, declarations, and intent of the Legislature with regard to trial court funding and revises the system of state funding for trial courts, as specified. Establishes the Task Force on Trial Court Employees and the Task Force on Court Facilities, and specifies the powers and duties thereof. Expands the powers and duties of the Judicial Council with respect to trial court funding, as specified. Makes an appropriation by providing for the redistribution of funds in the Trial Court Improvement Fund appropriated in the Budget Act, and authorizing the expenditure of specified, additional funds therein, as specified. Revises provisions governing the Trial Court Trust Fund and the Trial Court Improvement Fund, as specified.

(In Senate Judiciary Committee)

AB 233 (Escutia-D) Trial Court Funding and Improvement Act of 1997

Enacts the Lockyer-Isenberg Trial Court Funding Act of 1997, which:

Provides for the state to assume responsibility for funding trial court operations.
Requires a $1.18 billion contribution from the counties in 1997-98, reduced to $832 million annually thereafter, with the state assuming responsibility for future growth in costs.
Includes, in the 1998-99 reduction in the counties' required payment, the elimination of the payment for the 20 smallest counties (those with less than 70,000 population) and a reduction in the payment of 5 other counties whose court revenue collections are higher than their state support.
Requires the state to pay approximately 45% of the trial court costs in 1997-98 and approximately 60% the 1998-99, with the percentage rising in the future as the cost of the courts increases.
Returns to the counties the state's $3 state penalty assessment and its share of revenues from criminal and traffic fines, except that amount which would be redirected to the cities.
Redirects, the 1998-99 and thereafter, all the state's revenues from both traffic school fees and traffic citation fines to the cities where the violation occured ($61.9 million).
Raises certain civil court fees.
Creates a task force to study the ultimate employment status of court workers under a state-operated court system, as employees of the state, the county or the court.

Chapter 850, Statutes of 1997

Similar legislation was SB 9* (Lockyer-D), SB 37* (Johannessen-R), AB 86* (Pringle-R), and AB 1110* (Escutia-D).

AB 1438 (Escutia-D) Rules of court and meet and confer rights

Authorizes rules of court adopted by the Judicial Council which provide for collective bargaining procedures for trial court employees on non-economic conditions of work.

Chapter 857, Statutes of 1997

Similar legislation is AB 1590 (Escutia-D), which is in Senate Budget and Fiscal Review Committee.

AB 1571* (Assembly Budget Committee) Trial court funding

Appropriates $662,488,000 for trial court funding, subject to the enactment of legislation that substantially restructures trial court funding. Reverts the appropriations made by the act for trial court funding.

Chapter 928, Statutes of 1997

AB 1574* (Escutia-D) Trial court funding

Provides needed technical follow-up language to the trial court funding bill (AB 233).

Chapter 859, Statutes of 1997

Other Courts and Judges

SB 19 (Lockyer-D) Dispute resolution

Restores an arbitrator's statutory immunity from civil liability, requires the court to vacate an arbitration award under specified conditions, and requires the Los Angeles County Superior Court to streamline the process for handling civil actions where the amount in controversy exceeds $50,000.

(In Assembly Appropriations Committee)

SB 69* (Burton-D) Trial court funding

Prohibits the State Controller from making the next quarterly trial court funding apportionment to any county after the enactment of this bill until that county has certified to the State Controller the total amount of compensation paid by the county to the superior court judges, the municipal court judges and to subordinate officers. Specifies that a county is deemed to have complied with this bill if it sends to the State Controller a copy of its quarterly reports submitted to the Judicial Council.

Chapter 12, Statutes fo 1997

SB 98 (Haynes-R) Judgments: collection by public agencies

Allows the collection of the court filing fee to be at the discretion of a public agency in cases where it constitutes the sole amount of a judgment in favor of the agency.

Chapter 66, Statutes of 1997

SB 162* (Haynes-R) Fines and forfeitures

Extends the sunset date on a program that allows counties to deduct the cost of collecting delinquent court-ordered criminal fines or forfeitures from the payment before the money is distributed to the various governmental entities entitled to a share.

Eliminates the requirement that a fine be 60 days delinquent, requiring only that it be delinquent relative to deducting costs associated with the collection of those fines and forfeitures.

Chapter 703, Statutes of 1997

SB 261 (Kopp-I) Judicial review of governmental agency actions

Makes judicial review of specified state agency and local agency actions subject to the provisions being added by SB 209 (Kopp), and makes conforming changes. Becomes operative only if SB 209 becomes operative on January 1, 1998. Requires local entities to perform new or increased duties, thereby imposing a state-mandated local program.

(In Senate Judiciary Committee)

SB 430* (Knight-R) Trial court funding: penalties

Revises the calculation of the penalty assessed counties for late remittances for trial court funding revenues to the State Controller by specifying that the amount of the delinquent payment be multiplied at a daily rate equivalent to 1.5% per month for the number of days the payment is delinquent, rather than by the Pooled Money Investment Account rate at the end of the prior fiscal year.

Chapter 199, Statutes of 1997

SB 513 (Lockyer-D) Appellate Representation: Public Defender

Revises the existing authorization for representation by the State Public Defender to authorize the State Public Defender to represent any person financially unable to employ appellate counsel in capital cases, and in specified noncapital cases; and to hire additional counsel and support staff, as specified.

Chapter 869, Statutes of 1997

SB 929 (Dills-D) Judges' Retirement Law

Deletes inoperative references to justice courts in the Judges' Retirement Law.

(In Senate Public Employment and Retirement Committee)

SB 969 (Burton-D) Judges' retirement

Requires the Judicial Council, in cooperation with the Public Employees' Retirement System, to conduct a study for the Legislature with recommendations on the feasibility and desirability of increasing or eliminating the age at which a judge may retire without a reduction in retirement allowance under the Judges' Retirement System and Judges' Retirement System II. Specifies that the report shall be submitted on or before March 1, 1998.

Chapter 584, Statutes of 1997

SB 1072 (Burton-D) Judges' retirement

Requires a study to be conducted regarding the Judges' Retirement System I and II. Requires that the Judicial Counsel, in cooperation with the Public Employees' Retirement System, to conduct a study on the possibility of providing service credit for judges who are in deferred retirement and who are sitting on assignment. Specifies that the results of this study are to be reported to the Legislature and Governor nor later than March 1, 1998.

Chapter 585, Statutes of 1997

SB 1074 (Burton-D) Court reporters and fees

Requires the services of an official court reporter or official pro tempore reporter in felony proceedings, as specified, and authorizes electronic recording to be used in proceedings involving family law, law and motion hearings, writs and receivers, and uncontested probate proceedings, except as specified.

(In Senate Judiciary Committee)

SB 1340 (Polanco-D) Trial courts: interpreters

Allows court interpreters, who are independent contractors, to select an organization to represent them in negotiating over their compensation, and requires the courts to bargain collectively with contract court interpreters' representatives.

(In Senate Appropriations Committee)

SB 1342 (Lockyer-D) Small Claims Court: auto accident cases

Allows a small claims court to hear auto accident cases involving an amount in controversy of $5,000 to $10,000, as specified.

(In Assembly Judiciary Committee)

AB 30 (Baca-D) Courts: San Bernardino County

Allows San Bernardino County to impose a surcharge of no more than $25 on specified civil filing fees, to be used for the costs of building a seismically safe San Bernardino County Courthouse, with security enhancements.

(On Senate Third Reading File)

AB 211 (Baca-D) Criminal justice administration fees

Requires the court to order that collection of a criminal justice administrative fee be in the same manner as a civil action. States the purpose of the bill is to provide for civil recovery of all orders for payment of criminal justice fees.

Chapter 47, Statutes of 1997

AB 246 (Lempert-D) Small claims court jurisdiction

Raises the jurisdictional limit in small claims cases from the current $5,000 to $7,500. Raises the limit for cases which a surety must defend in small claims court from the current $2,500 to $4,000. Specifies that the latter will take effect on January 1, 1999.

Vetoed by the Governor

AB 380 (Pacheco-R) Constitutionality of state laws: Attorney General

Requires the California Judicial Council to promulgate Rules of Court requiring the trial court to notify the State Attorney General (AG) whenever judgment is entered in any case in which a state law has been declared unconstitutional. Gives the AG the right to intervene in any such appeal, and requires the AG to file a statement if he or she elects not to intervene in the appeal.

Chapter 259, Statutes of 1997

AB 398 (Floyd-D) Court reporters: fees

Authorizes the use of rough draft transcripts to provide for less costly and more efficient delivery of court transcripts.

(On Assembly Inactive File)

AB 420 (Baca-D) Judges

Authorizes the creation of 40 additional trial court judges. Specifies that the positions are to be allocated consistent with a Judicial Council judgeship needs report. Allows the Governor to appoint judges to fill the new positions only upon an appropriation in 1998.

Chapter 858, Statutes of 1997

AB 735 (Ortiz-D) Small claims court fees: law libraries

Increases the filing fees in small claims court by $2 to fund county law libraries.

(Failed passage on Assembly Floor)

AB 939 (Ortiz-D) Mediation proceedings

Revises the existing mediation laws to provide that a mediator may not be called to testify regarding events that took place during any mediation and may not submit to any court or adjudicative body any report, assessment, recommendation or finding of any kind unless mandated by law or the court or unless all parties to the proceeding agree. Provides additional protections for the confidentiality of mediation proceedings.

Chapter 772, Statutes of 1997

AB 1088 (Assembly Judiciary Committee) Courts: staffing: juries: FAIR program

Revises compensation and organization of specified superior and municipal courts, as well as the jury selection process in Nevada County. Extends the sunset date of the Family Assessment Intervention and Resource Program, and makes related changes.

Chapter 571, Statutes of 1997

AB 1372 (Morrow-R) Court reporters

Authorizes, but does not require, court reports to produce "rough draft" transcripts of court proceedings, which could not be cited or used to contradict the official certified transcript of the same proceeding.

Chapter 183, Statutes of 1997

AB 1374 (Hertzberg-D) Court mediation proceedings: Los Angeles County

Requires the superior courts in Los Angeles County to refer civil actions and proceedings to an early status conference at which the court could refer the parties to early mediation, as specified. Requires the Judicial Council to report to the Legislature, on or before January 1, 1999, concerning mediation conducted under the bill. Sunsets January 1, 2001.

(In Senate Judiciary Committee)

AB 1445 (Shelley-D) Court interpreters

Allows those who interpret the less common languages in court proceedings to be "registered interpreters" by filing an oath with the clerk of the court, rather than swearing an oath at each appearance.

Chapter 376, Statutes of 1997

ACR 30 (Goldsmith-R) Mediation Week

Designates the week of March 16 through March 22, 1997, as Mediation Week.

Resolution Chapter 19, Statutes of 1997

Juries

SB 14 (Calderon-D) Jury service

States the intent of the Legislature to enact jury reforms in conformity with the Budget Act of 1997.

(Held at Assembly Desk)

SB 501 (Burton-D) Grand juries: exculpatory evidence

Requires the prosecutor, if he or she is aware of exculpatory evidence, to disclose and, if feasible, present that evidence to the grand jury. Makes failure to disclose and present exculpatory evidence as required by this provision grounds for dismissal of the indictment.

(In Senate Public Safety Committee)

SB 502 (Burton-D) Grand juries

Requires any subpoena issued to a grand jury witness who is not the subject of a grand jury investigation to include specified statements, including, among other things, that the witness has a right to have an attorney present during the grand jury examination.

(In Senate Public Safety Committee)

SB 503 (Burton-D) Grand juries

Requires the prosecution to advise any witness who is the subject of a grand jury investigation, through either a subpoena issued pursuant to this provision to the witness or a written notice to his or her counsel, if retained, as to certain specified information, including, among other things, that the witness is the subject of a grand jury investigation, and that the witness has a right to testify before the grand jury and the right to have an attorney present during the grand jury examination.

Authorizes any witness before a grand jury, who is the subject of the grand jury investigation, to have counsel present on his or her behalf while he or she is testifying. Creates, in any witness who is the subject of a grand jury investigation, the right to testify before the grand jury and the right to disclose exculpatory evidence to the grand jury foreman and the prosecutor.

(In Senate Public Safety Committee)

SCA 1 (Leslie-R) Criminal trials: jury verdicts

Provides that 11/12 of the jury may render a verdict in any criminal action except an action in which the death penalty is sought or in which a defendant may be sentenced to a term of imprisonment for life without the possibility of parole.

(In Senate Public Safety Committee)

SCA 3 (Haynes-R) Trial by jury

Allows the right to trial by jury to be waived when the plaintiff(s) so elects, in those civil cases where the only relief sought is money damages and the amount in controversy is $7,500 or less. Makes the plaintiff's election of a bench trail in these cases binding upon the defendant(s).

(In Senate Judiciary Committee)

SCA 10 (Calderon-D) Jurors: selection

Provides that a person summoned by a court as a potential juror for a civil or criminal jury may not be excluded from a jury panel based on the person's sex, race, color, religion, ancestry, national origin, disability, or physical characteristics.

(In Senate Judiciary Committee)

AB 127 (Morrow-R) Jury selection

Creates a pilot project in 3 counties, to be administered by the Judicial Council, to improve the utilization of juror's time and to include procedures to ensure most jurors who travel to the courthouse actually serve on a jury.

Chapter 509, Statutes of 1997

AB 163 (Baugh-R) Grand juries: exculpatory evidence

Requires the prosecution to inform the grand jury of the existence and nature of exculpatory evidence.

Chapter 22, Statutes of 1997

AB 316 (Morrissey-R) Jury duty

Exempts local agency park rangers and Los Angeles County safety police from civil and criminal jury duty. Exempts state university police and Department of Corrections law enforcement liaison officers from civil jury duty, in addition to their current exemption from criminal jury duty.

(In Senate Judiciary Committee)

AB 377 (Baugh-R) Grand juries

Allows a witness before the grand jury to have counsel present in specified circumstances. Allows a prosecution witness before the grand jury to have a support person present in specified circumstances.

(On Senate Inactive File)

AB 378 (Baugh-R) Grand juries

Grants a person who is the target of a grand jury investigation the right to have counsel present during his or her testimony. Requires the person to be advised that he or she is the target of the grand jury investigation.

(On Senate Inactive File)

AB 550 (Migden-D) Jurors: examination

Gives attorneys in criminal cases the right to question prospective jurors during jury selection within the limits prescribed by the judge.

(On Assembly Inactive File)

AB 829 (Thomson-D) Civil grand juries

Provides that grand juries exercising their local government investigatory duties must receive training and must remain available for 45 days after the end of the jurors' terms to clarify recommendations in their final reports. Requires a grand jury to meet with the subject of an investigation before it is concluded.

Chapter 443, Statutes of 1997

AB 886 (Morrow-R) Jury service

Specifies that jury service is mandatory for all qualified California citizens who are summoned or ordered to appear, as a duty of California citizenship. Excuses an eligible person from further jury service for a minimum 12 months after he or she has completed jury service. Increases the daily fees and mileage reimbursement paid to jurors, and exempts jurors eligible for specified disability benefits. Reduces the required number of trial jurors to 8 persons in civil actions within the jurisdiction of the municipal court or any lesser number agreed upon by the parties. Provides for the selection and identification of trial jurors by number, instead of by name; and revises the procedure for the release of names of former jurors, as specified.

Provides that no right to trial by jury exists in misdemeanor cases not punishable by imprisonment. Requires the Judicial Council to adopt a uniform, statewide juror questionnaire, as specified, to be used solely by the court and counsel for the parties and specifies the right of a juror to answer certain highly personal questions in chambers. Makes it a contempt to elicit certain personal juror identification information during voir dire, thus establishing a state-mandated local program by creating a new crime.

Authorizes a nonunanimous verdict in felony cases not involving capital punishment, as specified, and authorizes the submission of written questions to witnesses by the jury, as specified. Reduces the number of peremptory challanges available in civil and criminal actions.

(In Assembly Judiciary Committee)

Attorneys

SB 513 (Lockyer-D) Appellate Representation: California Habeas Resource Center

Provides for legal representation of indigent death row inmates to reduce the backlog of capital cases and to begin to comply with federal requirements for expedited federal habeas corpus procedures.

Chapter 869, Statutes of 1997

Similar legislation is SB 991 (Caldera-D), which is in the Senate Appropriations Committee, SB 1088 (Lockyer-D), which is in Conference Committee, and AB 1471 (Pacheco-R), which is in the Assembly Appropriations Committee.

SB 709 (Rosenthal-D) Self-help legal services

Provides that advertising, or holding oneself out as entitled to practice law, does not include legal technicians of self-help legal services and does not constitute an unauthorized practice of law.

(In Senate Judiciary Committee)

SB 845 (Haynes-R) State Bar of California: law students' examination

Requires that, at the administration of the July 1998 general bar examination and annually thereafter, the examining committee must give the same essay question on contracts, criminal law, and torts to persons taking the first-year law students' examination and to persons taking the general bar examination. Requires a comparison with past examinations in connection with the 1998 general bar examination. Requires the committee to compare the essay question scores of persons taking the first-year law students' examination against those taking the general bar examination, and shall report its findings to the judiciary committee of the Legislature.

(In Senate Judiciary Committee)

SB 1145 (Burton-D) State Bar of California: membership fees

Authorizes the State Bar of California to collect dues and an attorney discipline augmentation fee from its members for 1998 and 1999, such that the total dues for most practicing attorneys in 1998 and 1999 will be $448 per year.

Vetoed by the Governor

AB 1459 (Papan-D) California State Bar: "Baby Bar"

Makes the "Baby Bar" advisory for students who enter California-approved law schools with a bachelor's degree.

Vetoed by the Governor

AB 1462 (Morrow-R) Governmental liability: attorneys' fees

Requires the court to award reasonable attorneys' fees to the prevailing party in an action against a state or local public entity.

(In Assembly Judiciary Committee)

Victims' Rights

SB 150 (Kopp-I) Victim restitution

Makes the following changes to victims of crime restitution provisions and other statutes in California:

Allows municipal courts to have jurisdiction in all restitution actions, regardless of dollar amount.
Mandates employers to give any employee who is a victim of crime at his or her place of employment written notice that the employee is eligible for workers' compensation.
Adds "the victim or victims" to the list of parties who may move to modify the amount of restitution (currently the court, district attorney, or the defendant).

Chapter 527, Statutes of 1997

SB 1013* (Calderon-D) Victims of Violent Crime Support Fund

Requires revenues from the pornography tax imposed by the bill be deposited into the Victims of Violent Crime Support Fund, which the bill creates for support and counseling services for victims of sexual and other violent crimes.

(Failed passage in Senate Revenue and Taxation Committee; reconsideration granted)

SB 1076 (Hayden-D) Employment: crime victims

Requires employers with at least 30 employees to allow up to 120 days of unpaid leave per year for (1) a victim of a violent crime, (2) an employee whose family was a victim, and (3) an employee who has a close relationship with a person who experienced a violent crime in the presence of the employee.

(Held under submission in Senate Appropriations Committee)

SB 1092 (Lockyer-D) Victims of crime

Requires the Governor's budget to specify the estimated amount in excess of the amount needed by the Victims of Crime Restitution Fund so that excess funds can be appropriated to the Office of Child Abuse Prevention for a new program to assist child victims.

Vetoed by the Governor

SJR 22 (Costa-D) Crime victims

Memorializes the President and Congress to enact U.S. Senate Joint Resolution No. 6 of the 105th Congress, which proposes an amendment to the U.S. Constitution to protect the rights of crime victims.

(In Senate Public Safety Committee)

AB 75 (Alby-R) Victims of crime: reports of injuries

Provides that a standardized form developed by the State Department of Justice be used for reporting domestic violence and firearm assault cases, as specified.

(On Senate Inactive File)

AB 139 (Poochigian-R) Parole: victim notification

Provides that notice of the community in which a violent felon is scheduled to be paroled be given to a victim or witness who lives within 100, rather than 25, miles of the parolee.

Chapter 101, Statutes of 1997

AB 152 (Morrow-R) Victims' rights: notification

Provides for the audio or videotaping of the statements made by victims at sentencing where the defendant is subject to an indeterminate sentence. Provides that any victim or prosecutor who has the right to appear at a parole hearing also has the right to appear at such a hearing via "videoconferencing".

Chapter 902, Statutes of 1997

AB 207 (Frusetta-R) Witness or victim: disclosure of address

Enacts the Hayden and Frusetta Witness Protection Act of 1997. Provides that an attorney may not disclose the address or telephone number of a victim or witness to the defendant's family or anyone else not employed by the attorney to assist in the preparation of the case.

Chapter 498, Statutes of 1997

AB 535 (Brown-D) Victims of crime

Expands eligibility for assistance from the Victims of Crime Program, administered by the State Board of Control.

(In Senate Appropriations Committee)

AB 566 (McClintock-R) Death penalty: witnesses to execution

Requires the warden of the state prison to invite the members of the immediate family of the victim or victims of the defendant to be present at an execution of a judgment of death.

Chapter 100, Statutes of 1997

AB 807* (Scott-D) Sexual assault: victim's support

Revises existing law relative to procedures and rights of victims of sexual assault.

Chapter 846, Statutes of 1997

AB 856 (Hertzberg-D) Witness Protection Program

Creates the Hertzberg-Leslie Witness Protection Program under the State Attorney General's Office with specified functions and duties, as specified.

Chapter 507, Statutes of 1997

AB 1132 (Alby-R) Victim restitution

Authorizes the California Youth Authority to deduct up to 50% of a ward's wages and trust account to pay any restitution owed by the ward.

Provides that compensatory or punitive damages awarded to a prisoner or a ward from a trial or settlement in a civil action against any federal, state, or local jail, prison, or correctional facility be paid directly, after payment of fees and costs to satisfy any outstanding restitution order or fines against the prisoner or ward, as specified.

Chapter 266, Statutes of 1997

AB 1323 (Martinez-D) Victims of crime: photographs

Subjects a person to civil liability for publishing, disseminating, or otherwise publicizing, an image of a victim of crime without consent by a surviving victim of the crime, the guardian or parent of a surviving minor victim of a crime, or by the immediate family of a deceased victim of crime.

(In Assembly Judiciary Committee)

AB 1500 (Thomson-D) Crime victims

Subjects a person to both compensatory and exemplary damages for disseminating a photo, video or film image of an actual crime or its immediate aftermath, which causes actual damage to a victim of the crime.

(In Assembly Judiciary Committee)

ACR 28 (Havice-D) Crime Victims' Rights Week

Proclaims April 12 through April 18, 1998, as Crime Victims' Rights Week and encourages Californians to wear victim awareness ribbons during the week.

Resolution Chapter 28, Statutes of 1997

AJR 14 (Havice-D) Victims' Rights Amendment to the U.S. Constitution

Memorializes the President and Congress to support U.S. Senate Joint Resolution No. 6, which proposes an amendment to the U.S. Constitution to protect the rights of crime victims.

(In Senate Public Safety Committee)

Prisons and Prisoners

SB 93 (Ayala-D) Youthful offenders

Provides that the State Department of Corrections is responsible for certain security-related matters at the California Youth Authority, as specified.

Revises and expands the existing Advisory Commission on Juvenile Justice, Crime and Delinquency Prevention, as specified.

Vetoed by the Governor

SB 149 (Knight-R) Corrections

(In Senate Appropriations Committee)

SB 283* (Leslie-R) Prisons

Authorizes a local advisory committee for prisons to serve every prison located in the same city or community (currently city or county).

Exempts Community Prisoner Mother Programs from State Department of Social Services' day care licensing requirements, as specified.

Chapter 942, Statutes of 1997

SB 295* (Rainey-R) Prison Inmate Population Master Plan

Creates the Prison Inmate Population Master Plan, and implements a community-based punishment program.

(In Assembly Appropriations Committee)

SB 356* (Rainey-R) Literacy

Among other provisions, creates the Literacy for Public Safety Program to improve the English language literacy of persons sentenced to local correctional facilities.

(In Senate Appropriations Committee)

SB 386 (Peace-D) Department of Corrections

Requires the State Department of Corrections' (CDC) Office of Internal Affairs (OIA), or its successor, to be housed and supported by CDC; and requires the OIA to be responsible for reviewing departmental policy and procedures regarding internal audits or investigations, as requested by either the Director of CDC, the Secretary of the Youth and Adult Correctional Agency, or a Member of the Legislature.

Requires the Director of the OIA to annually report, by December 1 of each year, a summary of investigative activities performed by the OIA during the previous 12 months.

Requires the Bureau of State Audits (BSA) to perform periodic performance and fiscal audits of institutions and camps within CDC and the California Youth Authority (CYA), and specifies that a minimum of 5 institutions or camps are to be annually audited.

Requires CDC and CYA to reimburse the BSA for actual audit costs, subject to limits established in the annual Budget Act; and requires the BSA to report audit findings to the Administration and the Legislature, as specified.

Suspends the annual notification requirement made to undocumented felons of their ability to apply to be transferred to his/her country of origin to serve the balance of his/her prison sentence.

Transfers administrative oversight responsibility for the Repeat Offender Prevention Project from the CYA to the State Board of Corrections.

Vetoed by the Governor

SB 418 (Costa-D) Community correctional centers

Requires the State Department of Corrections to negotiate annually in good faith with those public and private agencies that own or operate community correctional centers for the fair and equitable compensation of services provided by those centers.

(On Assembly Inactive File)

SB 434 (Kopp-I) Media access to prisoners

Adds "representatives of the new media" to the existing provisions of law pertaining to the right of prison inmates to correspond confidentially with specified persons.

Vetoed by the Governor

SB 441 (Haynes-R) Parolees: parole bonds

Authorizes a parole agent or officer, until July 1, 2001, to require a state parolee, who has is deemed to be in violation of the terms and conditions of his or her parole, to post a parole bond. Requires the State Department of Corrections to submit an annual report to the Legislature containing specified information relating to paroles.

(In Assembly Public Safety Committee)

SB 475 (Polanco-D) Prisons: design bed capacity

Adds legislative intent to statute that the State Department of Corrections establish a guideline of 2 inmates to a cell for not less than 90% of the cells in the state prison system for purposes of forecasting overcrowding, with specified exclusions.

Vetoed by the Governor

SB 483 (Schiff-D) Department of Juvenile Justice

Authorizes SBC to appoint an Executive Steering Committee, consisting of at least 2 members, with the assistance of the Legislative Analyst.

Contains legislative intent language declaring the intent of the Legislature to create a State Department of Juvenile Justice.

Vetoed by the Governor

SB 640 (Polanco-D) Correctional facilities: privatization

Creates the 9-member California Correctional Privatization Commission to enter into and supervise contracts for the procurement of land and the design, financing, acquisition, leasing, construction and operation of private correctional facilities.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

SB 813 (Costa-D) State employees: Department of Corrections

Limits the number of permanent intermittent correctional officers appointed by the State Department of Corrections to each institution to 10% of the number of regular correctional officers, beginning January 1, 2001; and makes other changes.

(In Senate Appropriations Committee)

SB 818 (Polanco-D) Prisons: female inmates

Creates the "Nonviolent, Nonserious Women Offenders' Alternative Sentencing Program," an alternative sentencing program for women convicted of nonviolent and nonserious felonies.

(Failed passage on Assembly Floor; reconsideration granted; on Assembly Inactive File)

SB 931 (Schiff-D) The Board of Corrections: membership

Requires that 1 of 2 appointments made by the Governor to the State Board of Corrections (a manager or administrator of a county local detention facility and an administrator of a local community based correctional program) be from a county local detention facility primarily serving juveniles or a local community-based correctional program serving juveniles.

Vetoed by the Governor

SB 1089* (Lockyer-D) Prisoners: substance abuse treatment

Requires the State Department of Corrections (CDC) to expand, from 2,000 to 6,000, the number of drug treatment beds authorized in prisons and community correctional facilities based on the therapeutic community model; and requires completion of the expansion by January 1, 2002.

Authorizes the CDC to use treatment protocols other than the therapeutic community, and allows the CDC to sole-source bid for the first 1,600 beds.

Requires the CDC to screen inmates for substance abuse treatment pursuant to specified factors, including custody level.

Requires the CDC to establish criteria for certification of secure private or public community correctional facilities, and to contract with such a facility for at least 1,000 beds by January 1, 2001.

Changes the existing Narcotic Addict Program to (1) specify that a judge may, rather than shall, suspend a prison commitment of an addict; (2) authorize the court to place addicts in the treatment programs created by this bill, not only in the civil addict program at the California Rehabilitation Center (CRC); and (3) require the CDC to expand the number of beds in the CRC civil program by 3,000 beds by January 1, 2002.

(In Assembly Appropriations Committee)

SB 1116 (Mountjoy-R) Community correctional centers

Requires (rather than authorizes) the State Department of Corrections (CDC) to contract for the establishment and operation of community correctional re-entry centers. Requires the CDC to contract with private providers, for the establishment and operation of at least 6 secure community treatment facilities.

(In Assembly Appropriations Committee)

SB 1214 (McPherson-R) Inmate health care

Authorizes the Director of Corrections to establish 2 4-year pilot programs under which the State Department of Corrections may contract with entities for comprehensive health service delivery systems, or health care organizations to provide health care services at selected state prisons. Requires that each pilot program be conducted in no more than 2 service delivery areas as defined by the department's medical and mental health service deliver plan.

(In Senate Public Safety Committee)

SB 1230 (Watson-D) Board of Corrections: membership

Adds 4 new members to the State Board of Corrections.

(In Senate Public Safety Committee)

SB 1264 (Calderon-D) Correctional facilities

Authorizes the State Department of Corrections to construct and establish a 2,124-cell combination medium and maximum security prison in the vicinity of California City in Kern County to be known as California State Prison-California City and a 2,500-cell combination reception center and medium security prison on the grounds of the Richard J. Donovan Corrections Facility at Rock Mountain in San Diego County to be known as California State Prison-San Diego County II.

Continuously appropriates funds derived from lease-purchase financing methods for those prisons. Makes $249,800,000 available for capital outlay for the California State Prison-Kern County at California City, and $261,400,000 available for capital outlay for the California State Prison-San Diego County II.

Authorizes the department to contract on a design-and-build basis for the construction of projects in the master plan when the department determines that it is in the best interest of the state.

(In Senate Public Safety Committee)

SB 1298 (Vasconcellos-D) Prisons

Changes in statute the primary purpose of the California Institution for Men from "imprisonment" to "provide confinement, industrial and other training, treatment, and care" to male offenders.

(In Assembly Public Safety Committee)

SCR 16 (Polanco-D) Prison construction and operations

Reestablishes the 6-member Joint Legislative Committee on Prison Construction and Operations, specifies its membership and duties, and requires a report to be submitted to the Legislature on its activities. Sunsets the committee June 30, 1998.

Resolution Chapter 15, Statutes of 1997

AB 29 (Villaraigosa-D) Prisoners: medical release

Authorizes courts to recall the sentence of an inmate based upon the recommendation of the State Department of Corrections, the Board of Prison Terms or both, based on specified criteria concerning the inmate's medical condition.

Chapter 751, Statutes of 1997

AB 104 (Leonard-R) Prisoners: hard labor program

Requires every state prison inmate to participate in an educational, vocational, work, or hard labor program for as close to 40 hours per week as practicable, as determined by the Director of Corrections. Specifies that inmates assigned to hard labor per this bill will not be compensated.

Requires the State Department of Corrections to develop and implement a plan for a hard labor program in each state prison.

Specifies that inmates participating in an educational, vocational, or work program, or inmates on a waiting list for such programs, are not required to participate in a hard labor program. Provides that inmates with medical or security problems may also be exempt from hard labor, based on warden verification.

(Motion to withdraw from Assembly Appropriations Committee; failed passage)

AB 139 (Poochigian-R) Parole: victim notification

Requires notice of the community in which a violent felon is scheduled to be paroled be given to a victim or witness who lives within 100, rather than 25, miles of the parolee.

Chapter 101, Statutes of 1997

AB 164 (Knox-D) Riots: correctional facilities

Makes it a wobbler to incite or participate in a riot in adult or juvenile correctional facilities, punishable by state imprisonment for 2, 3, or 6 years, or county jail up to 1 year. (Current law makes it a misdemeanor.)

Provides for forfeiture of state prison or county jail work-time/good-time credits for conviction of inciting or participating in a riot, or for conviction of assault and battery of a county jail employee while the inmate is in the custody of county jail personnel.

(Motion to withdraw from Assembly Appropriations Committee; failed passage; re-referred to Assembly Appropriations Committee)

AB 177 (Goldsmith-R) Board of Corrections: membership

Changes the composition of the State Board of Corrections to add 1 rank-and-file representative of a local corrections facility and 1 chief probation officer.

Chapter 830, Statutes of 1997

AB 266 (Escutia-D) Hepatitis B immunization

Requires state correctional peace officers to be immunized for hepatitis B within 1 year of employment.

Requires the chief medical officer of a correctional institution to order 1 series of hepatitis B immunizations for every inmate, except inmates already infected or immunized, within the first 30 days of confinement, or no later than January 31, 1998 for inmates already incarcerated.

(In Assembly Appropriations Committee)

AB 271 (Villaraigosa-D) Correctional peace officers standards and training

Limits the term of appointment for wardens to 4 years, and authorizes a warden to be reappointed to a subsequent 4-year term.

Requires a management review audit of each warden or superintendent who has held that position for more than 4 years and requires each investigation to be submitted to the Rules Committee of each house of the Legislature.

Requires the Inspector General to submit an annual budget for operations as part of the Youth and Adult Correctional Agency budget, not as part of the budget of any department or board over which he or she has oversight responsibilities.

Provides that the Inspector General is responsible for reviewing departmental policy and procedures for investigatory practices and audits and investigations of those agencies. Provides for review upon request by the Governor.

Provides that the Inspector General shall conduct and have complete oversight and control of the internal affairs investigations of personnel of the State Department of Corrections, the California Youth Authority, the State Board of Prison Terms, the Youthful Offender Parole Board, and the Youth and Adult Correctional Agency. Provides for assignment of appropriate investigatory and support personnel from both departments and both boards to the Inspector General.

(In Senate Rules Committee)

AB 370 (Oller-R) Prisoners: conjugal visits

Provides that a person sentenced to imprisonment in the state prison does not have a right to, and shall not be allowed, conjugal visits.

(Motion to withdraw from Assembly Public Safety Committee; failed passage)

AB 403 (Ducheny-D) Literacy for Public Safety Program

Creates the Literacy for Public Safety Program for the purpose of voluntarily increasing the English language literacy of persons convicted of a crimes and sentenced to a local correctional facility or an alternative program, as specified, and persons released on parole or probation.

(In Assembly Appropriations Committee)

AB 423 (Thomson-D) Substance abuse: county facilities

Authorizes a county to apply to the State Department of Alcohol and Drug Programs for funds to establish drug treatment programs in county jails and juvenile halls.

Establishes skeletal program eligibility criteria that require an intensive program for inmates with substance abuse histories scheduled for release within 30 to 60 days and a community treatment program after release.

(In Assembly Appropriations Committee)

AB 500 (Ashburn-R) Prisons: city or county

Allows a city or county to contract with the federal government to manage, operate, or control a prison located within the boundaries of a city or county.

Chapter 468, Statutes of 1997

AB 506 (Aguiar-R) Prisoners: smoking

Provides that no prisoner shall be allowed to smoke, use, or possess tobacco products on the grounds of a state prison or Department of the California Youth Authority facility.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 520 (Brown-D) Domestic violence training for probation

Requires these probation officers, after completing initial 16 hours of training and coursework, to complete at least 8 hours, every 2 years, of training and coursework in the area of domestic violence as part of their annual training requirement.

Vetoed by the Governor

AB 570 (Battin-R) Prisoners: misconduct

Extends the notification period for a prisoner accused of specified acts of misconduct from 30 days to 90 days, and adds to the list of these specified acts.

(In Senate Public Safety Committee)

AB 631 (Morrow-R) Residential rehabilitation

Requires where any person is released on probation or parole on condition that he or she participate in a residential drug or alcohol rehabilitation program, the program must be licensed by the state to provide such treatment or services.

(In Assembly Public Safety Committee)

AB 785 (Campbell-R) Corrections: undocumented felons

Requires any undocumented alien who has been convicted of a felony and sentenced to imprisonment in the state prison to be delivered by the State Department of Corrections to the U.S. Immigration and Naturalization Service for immediate deportation, upon his or her release from imprisonment and without regard to parole.

(In Assembly Public Safety Committee)

AB 802 (Bowler-R) Correctional treatment centers

Exempts from the definition of "correction treatment center" certain local correctional facilities, as specified.

(In Assembly Health Committee)

AB 805 (Woods-R) State Department of Corrections: Conservation

Requires the State Department of Corrections to study the feasibility of constructing minimum security conservation camps, as specified.

(On Senate Inactive File)

AB 815 (Campbell-R) County prisoners: work release programs

Exempts the court, local agency, or nonprofit organization that place offenders in community service work from liability for any injury occurring to an individual while performing a court-ordered community service without compensation or working in a work release program, if the injury is proximately caused by a negligent act or omission other than gross negligence. Requires that any liability for damages resulting from gross negligence be several and not joint. Prohibits any individual from receiving workers' compensation benefits in connection with work performed in a court-ordered community service program unless the county board of supervisors has authorized those benefits. Provides that if workers' compensation benefits are authorized, these benefits shall be the exclusive remedy available to the eligible injured individual regardless of whether the injury results from negligence, gross negligence, or the intentional act of a specified party.

(In Assembly Insurance Committee)

AB 875 (Takasugi-R) Community correctional facilities

Enacts uncodified legislative findings, declarations, and intents regarding state prison inmates and therapeutic drug treatment programs.

Authorizes the Director of Corrections to enter into long-term agreements "not to exceed 20 years" for the placement of prisoners in community correctional centers.

Authorizes the director to establish and operate community correctional facilities that offer treatment of addiction to alcohol or controlled substances based on the therapeutic community model, as specified, and only if the cost per inmate of operating the facilities will be less than the cost per inmate of operating similar state facilities.

Chapter 643, Statutes of 1997

AB 878 (Morrissey-R) Prisons: nonviolent offenders: bond act

Enacts the 1998 Prison Construction Bond Act which, if adopted by the voters, authorizes the issuance of $250 million in general obligation bonds to construct a minimum-security, barracks-style dormitory prison in a Southern California desert area.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1028 (Frusetta-R) Inmate litigants

Prohibits inmates from filing any civil suit unless they have obtained the court's permission.

(In Assembly Judiciary Committee)

AB 1057 (Morrissey-R) Prisoners: visitation

Prohibits any prisoner from having visitors for the first 90 days of incarceration in the state prison.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1108 (Knox-D) Parole: drug testing

Specifies that any person sentenced to a serious or violent felony after January 1, 1998 who violates parole by an offense that would be considered a violent or serious offense if adjudicated, may be returned to prison by the Board of Prison Terms for a period of time equal to the time the original sentence was reduced by good/work-time credits, or by a term of up to 3 years.

Specifies that if the parole revocation offense was not an offense that could be adjudicated a violent or serious offense, the parolee may be returned to prison for a period of time equal to whatever credits the parolee received, or up to 2 years.

(Motion to withdraw from Assembly Appropriations Committee; failed passage)

AB 1264 (Poochigian-R) Correctional facilities

Authorizes the State Department of Corrections to design and obtain land for a prison in Kern County and a reception center/prison in San Diego County and appropriates $32.8 million for this purpose.

(In Senate Public Safety Committee)

AB 1378 (Prenter-R) Prison construction

Provides that the State Department of Corrections shall include, as part of the master plan mitigation for costs incurred by any local education agency, city, county, or city and county as a result of the construction of new prison facilities, expansions of existing prison facilities, increases in the number of inmates housed in existing prison facilities, or any combination thereof.

Divides funds appropriated for the mitigation of local expenses between cities and counties.

Chapter 868, Statutes of 1997

ACR 80 (Aguiar-R) Prison chaplains

Commends the 40 years of work and effort by the California state chaplains, and their professional association, the Associated Chaplains in California State Service, for its continued efforts to bring the various faith communities together and to assist the state departments in their mission to effect rehabilitation, guidance, and service to those entrusted to their care.

(Awaiting committee assignment in Assembly)

Law Enforcement

SB 11* (Brulte-R) Local law enforcement: supplemental funding

Instructs the State Controller to disburse Citizens Option for Public Safety Program (COPS) monies, upon request of an individual county or city and county which has established a Supplemental Law Enforcement Services Fund for the 1997-98 fiscal year no later than September 15, 1997. Makes changes to the existing COPS program. Appropriates $15 million for local community crime prevention efforts.

(In Senate Appropriations Committee)

SB 51 (Solis-D) Workers' compensation: peace officers

Provides to certain peace officers employed on a regular, full-time basis by Los Angeles County, a special worker's compensation benefit consisting of a leave of absence with full pay for up to 1 year in lieu of temporary disability benefits.

(In Senate Appropriations Committee)

SB 136 (Costa-D) Crimes: gassing

Requires the sheriff, or other person in charge of a local correctional facility, to refer all reports of battery by gassing by persons confined in the local correctional facility to the local district attorney for prosecution.

Requires the sheriff or other person in charge of a local correctional facility to use every available means to immediately investigate all reported or suspected batteries by gassing by persons confined in the local correctional facility.

Authorizes the chief medical officer of the local correctional facility, when he or she deems it medically necessary to protect the health of an officer or employee who may have been subject to a battery by gassing, to order the person who committed the battery to receive an examination or test for hepatitis and tuberculosis, as specified, and to provide the results of any examination or test to the officer or employee who was the target of the battery.

Requires the sheriff, or other person in charge of a local correctional facility, to report to the State Board of Corrections information about each gassing incident in the local correctional facility.

Requires the board to report to the Legislature, by January 1, 2000, on its findings and recommendations on gassing incidents at local correctional facilities and the medical testing authorized by this bill.

Sunsets January 1, 2001.

Chapter 684, Statutes of 1997

SB 145 (Burton-D) Public safety officers

Declares that no public safety officer shall be punished or denied permission for exercising his or her free speech rights, or for disclosing information to the public in specific circumstances.

Vetoed by the Governor

SB 257 (Lee-D) Redevelopment: police down payments

Establishes a pilot program that allows a redevelopment agency to provide police officers with a specified down payment to encourage their purchasing homes in areas with high rates of criminal activity.

Chapter 42, Statutes of 1997

SB 327* (Greene-D) Public housing: criminal history

Extends, indefinitely, the existing program, which sunsets on November 30, 1997, allowing public housing authorities to obtain summary criminal histories of residents, with specified changes.

Chapter 105, Statutes of 1997

SB 355 (Monteith-R) City of Madera

Authorizes a quarter-cent local sales tax in the City of Madera for public safety purposes, with two-thirds voter approval.

Chapter 409, Statutes of 1997

SB 366* (Hughes-D) Commission on Peace Officer Standards and Training

Requires the Commission on Peace Officer Standards and Training to review minimum training and selection standards for school district peace officers and to report its findings and recommendations to the Legislature by January 1, 1998. Expands reimbursement eligibility for cultural sensitivity training to non-sworn personnel who have contact with the public, if sworn officers are given priority for training, from funds appropriated in the Budget Act of 1996.

Chapter 117, Statutes of 1997

SB 446 (Knight-R) Immunity from liability: volunteer physicians and surgeons

Provides qualified immunity for the negligent rendering of care from civil liability to licensed or retired volunteer physicians who provide specified medical services at emergency shelters or at transitional housing.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 546 (Johannessen-R) Public safety officers: Procedural Bill of Rights

Makes a number of changes to the Public Safety Officers Procedural Bill of Rights Act, as specified.

(In Assembly Appropriations Committee)

SB 563 (Brulte-R) Local safety officers: health benefits

Requires local governments to provide health benefits to the surviving spouse and minor dependents of firefighters and peace officers who died in the line of duty prior to September 30, 1996. Requires health benefits to be provided under the same terms and conditions provided prior to the death of the firefighter or peace officer.

Chapter 193, Statutes of 1997

SB 587 (Hughes-D) Security services: hospital security guards

Requires that, in order to be employed as a hospital security guard, a person must meet specified requirements, including providing proof of completion of specified courses and being certified in CPR and basic emergency lifesaving. Creates an exemption from the education requirements for an applicant who has been employed as a security guard by a hospital or other health care provider, or an applicant previously employed as a peace officer, if certain requirements are met, including passing an examination to be developed and administered by the Director of Consumer Affairs. Requires the director to develop a continuing education program. Imposes the same registration and renewal fees on hospital security guards as are imposed on security guards.

(In Senate Business and Professions Committee)

SB 688 (Ayala-D) Electronic surveillance

Extends, by 5 years, the sunset provision on electronic surveillance, thereby authorizing interception of wire, electronic pager and cellular telephone communications in certain circumstances. Repeals an identical law authorizing interception of wire communications only.

Chapter 355, Statutes of 1997

SB 720 (Lockyer-D) Vehicle registration fee surcharge

Imposes an annual $1 per vehicle registration fee surcharge in any county adopting a specified resolution for the support of local programs to provide automated mobile and fixed location fingerprint identification systems. Sunsets January 1, 2003.

Chapter 587, Statutes of 1997

SB 786 (Knight-R) Reserve or auxiliary officers

Revises and recasts provisions relating to reserve or auxiliary officers to consolidate the training requirements and peace officer authority of Level I reserve officers; and revises the training and supervision requirements of Levels II and III reserve officers.

Chapter 127, Statutes of 1997

SB 907 (Lee-D) Crime laboratories

Requires the California Criminalistics Institute to conduct a feasibility study to identify the benefits of regionalizing crime laboratories and report its findings and conclusions to the Legislature on or before December 31, 1998.

(In Senate Public Safety Committee)

SB 951 (Johnson-R) Peace officers: State Franchise Tax Board

Makes designated employees of the State Franchise Tax Board peace officers.

Chapter 670, Statutes of 1997

SB 980 (Hayden-D) Creation of the Peace Process Task Force

Creates the Peace Process Task Force to address gang violence prevention in the state. Sunsets January 1, 2000.

Vetoed by the Governor

SB 1213* (Vasconcellos-D) Peace officers: Santa Clara County

Makes correctional officers employed by the County of Santa Clara, under the terms and conditions specified by the Director of the Santa Clara County Department of Corrections, peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their employment and for the purpose of carrying out the primary function of their employment. Authorizes these peace officers to carry firearms only if authorized and under those terms and conditions specified by their employing agency. Provides additional benefits for these officers due to their new peace officer status, including, but not limited to, expanded workers' compensation coverage and protection under the Public Safety Officers Procedural Bill of Rights Act.

(In Senate Public Safety Committee)

SB 1302 (Leslie-R) Registered sex offenders: employment

Requires organizations that conduct fingerprint checks on prospective employees or volunteers who will have contact with children to disclose to parents or guardians when a person who has been convicted of a specified sex offense has been hired. Amends the list of sex offenses for which such fingerprint checks can be made.

Chapter 586, Statutes of 1997

SB 1355 (Ayala-D) California Public Safety Commission

Establishes, until July 1, 2008, the California Public Safety Commission, consisting of 5 appointed members. Specifies that the primary focus of the commission is to be on the correctional management practices and operations of all state public safety departments, boards, and authorities and the quality of oversight provided by the correctional agency. Requires state public safety departments to develop and adopt performance standards.

(In Senate Public Safety Committee)

SCR 37 (Rosenthal-D) State employees: correctional supervisors

Requests the State Department of Personnel Administration, in consultation with the California Correctional Supervisors Organization, the California Correctional Peace Officers Association, and the State Department of Corrections, to review and make necessary changes to the existing classifications of correctional sergeant and correctional lieutenant, as well as the duties and responsibilities for those classifications to ensure that the duties are exclusively supervisory in nature. Requests the State Personnel Board to commence its review within 60 days after the adoption of this measure and to have any changes it may make to the existing classifications of correctional sergeant and correctional lieutenant become effective not later than December 31, 1998.

(In Senate Public Employment and Retirement Committee)

AB 128 (Morrow-R) Booking fees

Permits the arresting agency to petition the court in which the arrested person is arraigned to collect a deposit from the arrested person for the amount of the fee.

(In Senate Public Safety Committee)

AB 146 (Havice-D) Public safety services

Requires the Bureau of State Audits to audit the expenditures made in the 1996-97 fiscal year by 3 counties and 3 cities from the Local Public Safety Fund.

(In Senate Local Government Committee)

AB 211 (Baca-D) Criminal justice administration fees

Makes booking fees recoverable by civil action.

Chapter 47, Statutes of 1997

AB 271 (Villaraigosa-D) Correctional peace officers standards and training

Limits the term of appointment for wardens to 4 years, and authorizes a warden to be reappointed to a subsequent 4-year term. Requires a management review audit of each warden or superintendent who has held that position for more than 4 years, and requires each investigation or audit report mentioned above also to be submitted to the Committee on Rules of each house of the Legislature. Requires the Inspector General to submit an annual budget for operations as part of the Youth and Adult Correctional Agency budget, not as part of the budget of any department or board over which he or she has oversight responsibilities.

(In Senate Rules Committee)

AB 314 (Morrissey-R) California Highway Patrol: officers: age limits

Raises from 18 years of age to 21 years of age when an individual may be appointed to the position of officer with the California Highway Patrol.

(In Assembly Transportation Committee)

AB 334* (Wildman-D) Local public safety services

Changes the allocation of Proposition 172 public safety sales tax revenue in Los Angeles County, if AB 339 (Takasugi) is enacted. Provides that each city in Los Angeles County and the county would receive the same percentage of the sales tax revenue that it received in 1995-96. Corrects a 1996-97 allocation in specified installments through September 30, 1998.

Chapter 217, Statutes of 1997

AB 339* (Takasugi-R) Local public services

Changes the allocation of Proposition 172 public safety sales tax between cities and counties, if AB 334 (Wildman) is enacted. Gives each city and county the same percentage of sales tax revenue that it received in 1995-96, and requires the 1996-97 allocation to be corrected in equal installments over the next 36 months.

Chapter 166, Statutes of 1997

AB 343 (Woods-R) Custodial officers

Permits a custodial officer, in counties with a population of 200,000 or less, to be assigned by the sheriff as a court bailiff. Permits a custodial officer to be assigned limited law enforcement responsibilities at any time the Governor or county board of supervisors declares a state or local emergency, as specified; and provides that while on this assignment, the custodial officer may exercise the powers of arrest. Prohibits a custodial officer from carrying or possessing a firearm while on duty, except under the direction of the sheriff or chief while assigned as a court bailiff.

(In Assembly Public Safety Committee)

AB 344 (Morrissey-R) Peace officers

Requires that a citizen's meritorious complaint against a peace officer be resolved by a final decision within 6 months after an investigation is completed.

(In Assembly Public Safety Committee)

AB 356 (Figueroa-D) Restraining and protective orders

Provides civil immunity to law enforcement officers for claims of false arrest or false imprisonment for any act taken in good faith to enforce protective or restraining orders. Provides that a permanent restraining order may be served by mail if the terms of the order are identical to the temporary restraining order which was personally served. Requires the California Judicial Council to establish standardized forms for protective and restraining orders.

Chapter 347, Statutes of 1997

AB 379* (Alquist-D) Commissioner of the California Highway Patrol: contract

Authorizes the Commissioner of the California Highway Patrol to enforce laws regulating operation of vehicles on, and the use of, expressways in Santa Clara County, if affected cities or the county so request and if those parties enter into a contract for that purpose.

Chapter 467, Statutes of 1997

AB 408 (Morrow-R) Proposition 172 funds for the City of San Clemente

Defines the base year as the 1993-94 fiscal year for purposes of determining the public safety services allocations to be made to the City of San Clemente, and provides that the change be applied beginning with funds from 1995-96.

Vetoed by the Governor

AB 436 (House-R) Retired peace officers

Amends existing law relative to the carrying of a concealed weapon by a peace officer who is retired on a psychological disability.

(Failed passage on Senate Floor; placed on Senate Inactive File)

AB 444 (Pacheco-R) Peace officers and firefighters

Authorizes the court to impose full, separate and consecutive sentences, in addition to the sentence for any related crime, when a person commits assault with a deadly weapon or with force likely to result in great bodily injury, against an on-duty peace officer or firefighter, and the person reasonably should have known the victim was an on-duty peace officer or firefighter.

(In Assembly Appropriations Committee)

AB 445 (Pacheco-R) Crimes: attempts: sentencing

Makes 15 years to life the penalty for willful, deliberate and premeditated attempted murder of a peace officer or firefighter.

Chapter 412, Statutes of 1997

AB 457* (Takasugi-R) Criminal history

Authorizes state and local law enforcement agencies to provide a local public housing authority with criminal history information for purposes of complying with specified provisions of federal law relating to low-income housing.

(In Assembly Public Safety Committee)

AB 477 (Leonard-R) Permits for explosives

Consolidates references to firebombs into one chapter of the Penal Code, and defines "incendiary device." Requires 2 sets of fingerprints of persons applying for a permit to deal in explosives. Authorizes peace officers and armed services personnel to transport, as well as use, destructive devices and explosives.

Chapter 260, Statutes of 1997

AB 495 (Ashburn-R) Search and rescue costs

Repeals the requirement that the county of residence, of a person who is searched for or rescued, pay the costs to the county that undertakes the search and rescue, and, instead, until January 1, 1999, requires the state to reimburse, for a maximum of $25,000 after a $100 deductible, the county conducting the search and rescue. Allows the state, in turn, to seek reimbursement, up to a maximum $5,000, from the person under certain circumstances.

(In Assembly Appropriations Committee)

AB 518 (Brown-D) Gaming clubs: ejection of undesirable persons

Requires the State Attorney General (AG) to formulate a list of persons whose presence is determined by the AG to pose a threat to the interests of the state or legitimate gaming, or both, as specified.

(In Senate Governmental Organization Committee)

AB 531 (Knox-D) Community policing

Appropriates $150,000 from the General Fund to the Office of Criminal Justice Planning for the purpose of implementing community policing programs, as specified.

(In Senate Appropriations Committee)

AB 533 (Knox-D) Weapons scanning devices

Requires that a weapons scanning device to be used only by a peace officer, correctional officer, or custodial officer who has received training in the use of the devices certified by Peace Officer Standards and Training Program or the Correctional Peace Officers' Standards and Training Program.

(In Senate Public Safety Committee)

AB 571 (House-R) Workers' compensation: cancer

Provides that, if peace officers employed by the State Department of Fish and Game develop or manifest cancer during a period of employment, it is presumed that the illness is caused by employment and is compensable for purposes of receiving workers' compensation benefits.

Vetoed by the Governor

AB 599 (Prenter-R) California Forensic Science Laboratory Enhancement Program

Requires the Office of Criminal Justice Planning to establish and implement the California Forensic Science Laboratory Enhancement Program to assist local agencies in the maintenance of existing criminal forensic science laboratories located within specified local agencies. Declares legislative intent to appropriate $21 million each fiscal year from the General Fund to the Office of Criminal Justice Planning for fiscal years 1997-98 to 2022-23, inclusive, for the sole purpose of providing funds to implement this bill.

(In Assembly Public Safety Committee)

AB 620 (Baugh-R) Criminal records and bail agents

Authorizes local law enforcement agencies to furnish specified information about at-large defendants to licensed bail agents and bail bond licensees.

Chapter 441, Statutes of 1997

AB 635 (Oller-R) Testimony: closed-circuit television: Placer County

Authorizes Placer County to establish a 3-year pilot project permitting a court in that county to allow its peace officers to testify, upon application by a law enforcement agency, and to allow specified defendants to testify or appear for arraignment, as specified, via closed-circuit television. Requires the presiding judge of the superior court of Placer County to evaluate the pilot project, as specified, and to report to the Legislature and the Judicial Council. Sunsets January 1, 2001.

(In Senate Public Safety Committee)

AB 870 (Hertzberg-D) Enforcement training: elder abuse

Requires every city police officer or deputy sheriff at a supervisory level or below, who is assigned field or investigative duties, to complete an elder abuse training course certified by the commission on peace officer standards and training by July 1, 1998, or within 18 months of assignment to field duties, as specified.

Chapter 444, Statutes of 1997

AB 920 (Davis-D) California Forensic Science Laboratory Enhancement Program

Requires that a need assessment of local forensic laboratories to be conducted by the State Auditor before January 1, 1999. Appropriates $275,000 for the assessment.

Chapter 931, Statutes of 1997

AB 1016 (Hertzberg-D) Peace officers: personnel files

Includes complaints from members of the public against peace officers which are determined to be "unfounded or exonerated" in the complaints which may not be maintained in an officer's general personnel file.

Defines "unfounded" to mean that the investigation clearly established that the allegation is not true.

Defines "exonerated" to mean that the investigation established that the actions of the peace officer that formed the basis for the complaint are not violations of law or department policy.

(On Senate Inactive File)

AB 1211 (Assembly Public Safety Committee) Peace officers: training

Requires a police chief, or any other person in charge of a local law enforcement agency, who is appointed on or after January 1, 1998, to complete specified Commission on Peace Officer Standards and Training (POST) requirements and to obtain the basic POST certificate within 2 years of appointment, as a condition of continued employment.

(On Assembly Inactive File)

AB 1223 (Strom-Martin-D) Criminal background check

Requires any local agency request for State Department of Justice criminal records to be on a form approved by the department, and prohibits the department from charging any fee to the local agency for requesting the records of a prospective volunteer.

Chapter 904, Statutes of 1997

AB 1236 (Floyd-D) Public employees: public safety

Defines "interrogation" and redefines "punitive action" for purposes of the Public Safety Officers Procedural Bill of Rights. Makes disclosure of this information to public safety officers under investigation prior to the interrogation discretionary, rather than mandatory.

(In Assembly Public Safety Committee)

AB 1275 (Baca-D) Statewide expansion of Law Enforcement Automated Data System

Provides that information distributed through the Parole Law Enforcement Automated Data System (LEADS) program include a digitized photograph, a digitized fingerprint, and a geographic coordinate location for the parolee's address maintained through a geographical information system or comparable computer mapping program.

Chapter 680, Statutes of 1997

AB 1284 (Bowler-R) Local recreational areas: personnel: prior convictions

Allows local recreational agencies to terminate an employee or volunteer with supervisory or disciplinary responsibilities for any minor, if the employee or volunteer falsified information on an employment application regarding a prior conviction of any of 31 specified sexual offenses.

Makes it a misdemeanor to falsify information on a local recreational agency's employment application regarding any prior conviction of any of the specified sexual criminal offenses.

(In Assembly Local Government Committee)

AB 1308 (Cardenas-D) Peace officers

Authorizes peace officers of the Department of General Services of the City of Los Angeles to carry firearms, if authorized, and under the terms and conditions specified by their employing agency.

Chapter 446, Statutes of 1997

AB 1332 (Murray-D) DNA and Forensic Identification Data Base and Data Bank Act

Makes the State Department of Justice (DOJ), through its DNA laboratory, responsible for the management and administration of the state's DNA data base and data bank identification program. Requires DOJ to be a liaison with the FBI regarding the state's participation in a national DNA data base, such as the FBI's Combined DNA Index System, that allows DNA records to be stored and exchanged nationwide.

(In Senate Public Safety Committee)

AB 1343 (Martinez-D) Coroners

Requires that all photographs and videotapes of the body, or portion of the body, of a deceased person taken by the coroner or other law enforcement agency investigating a death shall be processed solely by the coroner's office or other law enforcement agency in a facility under exclusive control of the coroner or law enforcement agency, except as provided. Requires the coroner or law enforcement agency to take all steps necessary to notify appropriate relatives or guardians of the existence of the photographs and, except in specified circumstances, to obtain a waiver for release or use of the photographs for other than a criminal investigation or action relating to the death of that person.

(In Assembly Public Safety Committee)

AB 1398 (Oller-R) Washoe tribal law enforcement officers

Allows Washoe Indian tribal officers to enforce tribal criminal law against Indians in Washoe Indian tribal territory in California. Permits these officers to carry a concealed or loaded firearm in specified circumstances. Declares that tribal officers are not peace officers.

Chapter 33, Statutes of 1997

AB 1436 (Cardoza-D) Public safety officers: Procedural Bill of Rights

Amends the Public Safety Officers Procedural Bill of Rights Act to prohibit any punitive action or denial of promotion on grounds other than merit if the investigation of any act, omission, or other allegation of misconduct is not completed within 1 year of the agency's discovery of the allegation, as specified. Enacts specified exceptions to that 1-year time limit.

Chapter 148, Statutes of 1997

AB 1440 (Woods-R) In-home supportive service providers: criminal record checks

Requires the State Department of Social Services to conduct fingerprint checks of in-home care providers, except for home health aides; and requires the in-home care provider to pay a fee to cover the full cost of the fingerprint check.

(In Assembly Human Services Committee)

AB 1457 (Wildman-D) Glendale Multilingual Outreach Pilot Program

Establishes the Glendale Multilingual Outreach Pilot Program to provide assistance and improved access to the public safety system to Armenian-Americans in California who find themselves the victims of violence and other criminal activity related to their ethnicity. Makes the program within the Glendale Police Department upon approval by the City Council of the City of Glendale.

(In Senate Appropriations Committee)

AB 1466 (Baldwin-R) Local public safety services

Makes in the annual allocation of Proposition 172's public safety funds in San Diego.

(In Assembly Local Government Committee)

AB 1468 (Runner-R) Concealed firearms: reserve or auxiliary peace officers

Authorizes sheriffs and police chiefs to issue permits to their reserve peace officers regardless of residency in the respective county or city, and to waive fees.

Double-joined with SB 146 (Johnston-D).

Chapter 744, Statutes of 1997

AB 1496 (Papan-D) Public Safety Training Act of 1997

Enacts the Public Safety Training Act of 1997, establishing a regional system of training public safety officers in the state, 11 public safety regions, and various guidelines and procedures for them to follow.

(In Senate Appropriations Committee)

AB 1539 (Villaraigosa-D) Oversight of Los Angeles County Sheriffs

Requires the Los Angeles County Board of Supervisors to contract for a performance audit of the county sheriff's department every 5 years. Specifies that the audit would not be required if another state or local agency completed a similar audit within 1 year of the due date of the 5-year audit.

Requires that a contract for services by the county sheriff's department must be approved by the board, if the contract is not warded to the lowest bidder.

Vetoed by the Governor

AB 1584* (Prenter-R) Local funding

States legislative intent regarding funding for the Citizens Option for Public Safety (COPS) Program in future years, and makes changes to existing expenditure reporting requirements for entities receiving COPS funding.

Chapter 289, Statutes of 1997

Similar legislation is SB 11* (Brulte-R), which is in the Senate Appropriations Committee.

AB 1610* (Ortiz-D) School employees

Requires school districts to obtain the results of the required fingerprint check through the State Department of Justice (DOJ) prior to employing any non-certificated employee; and requires DOJ to provide such results within 3 working days once the department implements an electronic fingerprinting system.

Prohibits an entity having a contract with a school district to provide certain services from allowing employees who have been convicted of a violent or serious felony from coming in contact with pupils. Entities with existing contracts have 90 days from the effective date of this bill to comply with the requirements of this bill. Exempts secondary school pupils employed in temporary or part-time positions from the fingerprint check.

Double-joined with AB 1612 (Alby-R), which became Chapter 589, Statutes of 1997.

Chapter 588, Statutes of 1997

AB 1612* (Alby-R) School employees

Prohibits the Commission on Teacher Credentialing from issuing a credential to, and requires the revocation of the credential, to anyone who has been convicted of a serious or violent felony. Prohibits school districts from hiring anyone so convicted and prohibits retention of a current certificated or classified employee who is a temporary, substitute, or probationary employee. Requires the State Department of Justice (DOJ) to implement and manage an electronic fingerprinting system with terminals located statewide, upon an appropriation from the Legislature. Requires DOJ to notify school districts directly and immediately of employment applicants who have been convicted of serious or violent felonies.

Double-joined with AB 1610 (Ortiz-D).

Chapter 589, Statutes of 1997

ACR 1 (Machado-D) Neighborhood Watch Month

Declares August 1997 as Neighborhood Watch Month and recognizes Neighborhood Watch as an effective means for keeping crime out of neighborhoods.

Resolution Chapter 64, Statutes of 1997

ACR 26 (Gallegos-D) Business Watch

Designates the month of November 1997, as Business Watch Month.

Resolution Chapter 121, Statutes of 1997

ACR 49 (Alby-R) Law Enforcement Appreciation Week

Proclaims May 11 through May 17, 1997, as Law Enforcement Appreciation Week.

Resolution Chapter 37, Statutes of 1997.

ACR 63 (Prenter-R) Peace officers

Encourages Californians to join in commending reserve peace officers for their service and commitment to the citizens of California.

Resolution Chapter 101, Statutes of 1997

Family Law

SB 121 (Alpert-D) Residential shelters: minors

Authorizes a minor, who is 14 years of age or older, to consent to residential shelter services in a facility that serves minors and is designated as a shelter for domestic violence.

(On Assembly Inactive File)

SB 122 (Alpert-D) Adoption

Clarifies and states legislative intent that any of the specified adoption fraud offenses in current law, which are misdemeanors, may be prosecuted as grand theft, which is a wobbler, or any other applicable provision of law. Expands the scope of an existing adoption fraud offense which prohibits a person from paying money to a parent for the adoption of his or her child by deleting the reference to a parent and prohibiting any person from paying or receiving money for that purpose.

Chapter 185, Statutes of 1997

SB 247 (Lockyer-D) Child support collection

Provides that all child support obligations that the district attorney is responsible for enforcing be referred to the State Franchise Tax Board for collection, as specified.

Becomes operative only if AB 573 (Kuehl-D) and AB 1395 (Escutia-D) are enacted.

Chapter 601, Statutes of 1997

SB 568 (Sher-D) Uniform Interstate Family Support Act

Recognizes that only one valid support order may be effective at any one time, and clarifies the jurisdiction of this state and another state in cases where both states have issued child support orders with respect to the same obligor and child. Specifies the procedure for enforcing or modifying a support order or income withholding order issued in another state.

Chapter 194, Statutes of 1997

SB 583 (Hughes-D) Reunification services

Requires that where a minor under 6 years of age is to be placed in a community care facility licensed as a group for children or a temporary shelter care facility because the case plan indicates that placement is for the purpose of providing family reunification services, the placement facility must employ staff trained to provide family reunification services, including services designed to promote family economic self-sufficiency.

(In Senate Judiciary Committee)

SB 779 (Calderon-D) Custody and visitation enforcement

Establishes a pilot project in 5 counties to create the Friend of the Court program for the purpose of enforcement of custody and visitation orders. Makes implementation of the project dependent on the amount of federal funding received for the program.

(In Assembly Judiciary Committee)

SB 911 (Knight-R) Family law: marriage

Declares the strong public policy of this state that only a marriage contracted between one man and one woman outside this state that would be valid in that jurisdiction, is valid in this state, and that any other union or relationship, treated as a marriage by another jurisdiction, and involving members of the same sex, is contrary to the public policy of this state and shall be void ab initio.

(Failed passage in Senate Judiciary Committee)

SB 936 (Burton-D) Child support enforcement

Requires the child support enforcement program operated by the district attorney in each county to report specific, uniform data to evaluate the county's performance and to determine the correct performance incentive to be paid to each county.

Chapter 926, Statutes of 1997

SB 1037 (Vasconcellos-D) Custody orders: visitation rights

Allows a de facto parent to petition the court for visitation rights if the de facto parent had a pre-existing parental relationship with the child formed with the consent and encouragement of the custodial parent.

(On Assembly Inactive File)

SB 1121 (Craven-R) Adoption

Authorizes a licensed marriage, family, and child counselor with 5 years of professional adoption casework experience to be an adoption service provider (current law limits the position to licensed clinical social workers, as specified). Requires that the birth parent be advised of his or her choice regarding counselors.

Chapter 559, Statutes of 1997

SB 1160 (Haynes-R) Children: adoptive parents

Prohibits the State Department of Social Services, or a delegated county adoption agency, from requiring a prospective adoptive parent to sign any statement that corporal punishment shall not be used on his or her own children. Requires that, as to an agency adoption, if a prospective adoptive parent's application or petition to adopt is denied, the applicant shall have a right to appeal the decision at the state level; and requires the department to develop the appeals process.

(In Senate Judiciary Committee)

SB 1210 (Hurtt-R) Child and spousal support

Authorizes the Board of Supervisors of Orange County, with the concurrence of the Orange County District Attorney, to establish a pilot project, not to exceed 24 months, for the purpose of comparing the cost and effectiveness of public and private performance of functions related to the establishment and enforcement of family support obligations. Provides that any person who knowingly discloses information that is obtained in connection with the pilot project and that is not available to the general public is guilty of a misdemeanor.

(In Senate Judiciary Committee)

SB 1282* (Rainey-R) Adoption: parental rights

Specifies that a child under the age of 18 who seeks to be declared free from custody of either or both parents does not pertain to cases where a parent may revoke or has revoked his or her consent to an adoption.

(In Senate Judiciary Committee)

AB 53 (Murray-D) Adoption

Allows an unmarried adult, 2 adults who are legally married, or 2 adults who are not legally married to adopt a child. Provides that a person, or persons, otherwise meeting the needs of a child shall not be prevented from adopting that child based solely on marital status. Prohibits the State Department of Social Services from developing regulations inconsistent with these new provisions.

(On Assembly Inactive File)

AB 54 (Murray-D) Domestic partnerships

Authorizes state recognition of domestic partners. Requires, among other things, that domestic partners share a common residence, agree to be jointly responsible for each other's basic living expenses, be at least 18 years of age, and file a Declaration of Domestic Partnership with the Secretary of State. Requires health facilities to allow a patient's domestic partner and relatives of a domestic partner to visit with the patient.

(On Assembly Inactive File)

AB 123 (Wildman-D) Child support

Provides that a parent, who willfully fails to provide for a child, may be convicted of an alternate felony/misdemeanor where certain facts are established.

(In Senate Appropriations Committee)

AB 200 (Kuehl-D) Child custody

Declares that it is the policy of this state that the health, safety, and welfare of children shall be the court's primary concern in determining the best interests of the children when making orders regarding custody or visitation, and that perpetration of domestic violence in a household where a child resides is detrimental to the child. Provides that where allegations about a parent regarding drug or alcohol abuse or domestic violence have been brought to the attention of the court in the current proceeding and the court makes an order for sole or joint custody to that parent, the court shall state its reasoning in writing or on the record.

Chapter 849, Statutes of 1997

AB 239* (Ortiz-D) Family law: support

Allows the district attorneys to continue using the procedures and forms in effect on December 31, 1996, when establishing paternity and support orders, and extends the time Judicial Council has to complete new simplified forms and procedures until September 30, 1997. Provides for a single minimum basic standard of adequate care to be used in determining child support where the obligor's income is unknown.

Chapter 14, Statutes of 1997

AB 329 (Caldera-D) Dependent children hearings

Makes changes to the dependency law by extending to county welfare departments the right to a rehearing by a juvenile court, and by authorizing an expedited appeal process for cases in which a recommendation to free a dependent child of the juvenile court from parental custody or control has been denied. Establishes that termination of parental rights would not be in the child's interest when 1 of 4 specified exceptions applies.

Chapter 510, Statutes of 1997

AB 400 (Kuehl-D) Spousal support

Seeks to clarify various provisions in the Family Code relating to spousal support orders. Clarifies that, with regard to marriages of long duration, the court has the discretion to determine the appropriate length of a spousal support order. Revises the mandatory warning provision of existing law and, instead, grants the court discretion to advise a recipient of spousal support that he or she should make reasonable efforts to assist in his or her support needs, taking into account the particular circumstances considered by the court in determining the support order.

Vetoed by the Governor

AB 427* (Knox-D) Domestic partners

Provides to employers, whose employees participate in the CalPERS health care program, the option to extend health benefits coverage to the domestic partners of their employees and annuitants.

(In Assembly Public Employment, Retirement and Social Security Committee)

AB 435 (Ducheny-D) Community property

Permits a party to encumber his or her interest in the community real property to secure a loan for any purpose after the dissolution proceeding has commenced but prior to the final disposition of the community estate.

(On Assembly Inactive File)

AB 573 (Kuehl-D) Child support

Permits county district attorneys to refer any child support obligation being enforced, even if not delinquent, for collection by the State Franchise Tax Board. Modifies administration of child support to reflect federal requirements imposed in federal welfare reform legislation. Requires the State Employment Development Department to prepare and submit a study to the Governor and the Legislature that identifies possible methods of establishing a mechanism for the reporting of the increase of service providers for the purpose of collecting delinquent child support. Becomes operative only if SB 274 (Lockyer-D) and AB 1395 (Escuitia-D) are enacted.

Double-joined with SB 274 (Lockyer-D) and AB 1395 (Escutia-D)..

Chapter 599, Statutes of 1997

AB 702 (Villaraigosa-D) Collections: Financial Institutions Match System

Requires the State Franchise Tax Board (FTB), through a cooperative agreement with the State Department of Social Services and in coordination with financial institutions doing business in the state, to operate an information match system on a quarterly basis using automated data exchanges. (The system would match obligors who owe delinquent child support with accounts maintained at financial institutions.) Requires that, upon a match, a notice of lien or levy is issued by the FTB, identifying encumbered accounts.

Chapter 697, Statutes of 1997

AB 795 (Honda-D) Child visitation program

Authorizes the family law division of a superior court to establish a program that allows a child to participate in a supervised visitation and exchange program, as defined. Authorizes the court to approve and contract with supervised visitation providers to provide supervised visitation program services, as specified. States the intent of the Legislature to provide funding in order that low-income families may receive supervised visitation services and that families pay for the services based on their ability to pay.

(In Assembly Judiciary Committee)

AB 800 (Margett-D) Family law: marriages

Declares the strong public policy of this state that only a marriage contracted between one man and one woman outside this state is valid in this state. Prohibits the state, its courts and agencies, from recognizing any government action in another state respecting or recognizing a relationship between persons of the same sex that is treated as a marriage in that other state.

States legislative findings concerning the state's marriage license laws, noting, among other things, "the strongly held and long-standing public policy of this state to recognize and foster the marital union of only one man and one woman."

Provides an exception to the general rule of Family Code Section 308 that a marriage validly contracted outside this state is valid within this state, by adding a new Section 308.5 which provides that any marriage contracted outside this state between individuals of the same gender is not valid in this state.

(Failed passage in Assembly Judiciary Committee)

AB 907 (Ortiz-D) Child support: administrative adjudication

Establishes the Division of Child Support Enforcement in the Administrative Adjudications Division of the State Department of Social Services, and provides for the administrative adjudication of child support obligations. Establishes procedures for hearings to establish child support and paternity, the enforcement and modifications of support obligations so established, and for judicial review of final orders issued by an administrative law judge.

(In Assembly Judiciary Committee)

AB 913 (Runner-R) Dissolution of marriage: waiting period

Makes major changes in many existing dissolutions of marriage and other provisions in the Family Code, including the creation of a 90-day "cooling off" period before dissolution may be petitioned.

(In Assembly Judiciary Committee)

AB 1059 (Migden-D) Domestic partners

Requires health plans that offer benefits to the dependents of an employee or subscriber to offer those benefits on the same terms to a domestic partner.

(On Assembly Unfinished Business File)

AB 1098 (Ortiz-D) Dissolution of marriage

Provides additional requirements before a court may sever a dissolution proceeding and grant an early and separate trial on the status of the marriage.

Chapter 56, Statutes of 1997

AB 1222 (Wright-D) Parental rights: rape

Expressly authorizes the mother of a child that is conceived as a result of a rape to bring an action to terminate the man's parental rights with regard to that child where he has been convicted of the rape, and there is a conclusive presumption that the man is unfit as a parent. Includes rape in the list of crimes for which a parent shall be denied custody and unsupervised visitation of a child, where the child was conceived as a result of the conviction, unless the court finds that there is no significant risk to the child.

Chapter 594, Statutes of 1997

AB 1301 (Ortiz-D) Child support: new spouse income

Prohibits a court from considering the income of a subsequent spouse of an obligor or obligee parent in determining the state and federal income tax liability of the obligor or obligee parent in computing the person's annual net disposable income for the purpose of determining or modifying a child support order.

(On Senate Inactive File)

AB 1334 (Caldera-D) Support enforcement

Creates a pilot program to liberalize service of process requirements in child support and paternity enforcement in San Diego County.

(In Senate Judiciary Committee)

AB 1361 (Thompson-R) Dependent children

Requires a social worker, before taking a minor into custody, to notify the minor's parent, guardian, or caretaker that the child may stay in the home only if the alleged perpetrator voluntarily agrees to sign a self-restraining order preventing him or her from any contact with the child unless supervised by an appropriate child protective agency or as otherwise specified in the order. Punishes any person who violates a self-restraining order by imprisonment in a county jail for up to 1 year. Authorizes a child to be taken into custody despite a valid self-restraining order at any time the state can prove by a preponderance of the evidence that the child is in a life-threatening situation. Provides that any child taken into custody pursuant to these provisions shall be placed with a non-live-in guardian, if available, who is willing to take the child and has no violent criminal record or outstanding charge for any act of child abuse, molestation, or neglect unless the court finds clear and convincing evidence that this placement would be detrimental to the child.

(In Assembly Judiciary Committee)

AB 1395 (Escutia-D) Child support

Expands the use of the State Franchise Tax Board to help collect the approximately $5 billion of delinquent child support currently owing California's children.

Becomes operative only if SB 247 (Lockyer-D) and AB 573 (Kuehl-D) are enacted.

Chapter 614, Statutes of 1997

AB 1526 (Escutia-D) Children

Clarifies the role of counsel appointed by the court to represent the child in custody or visitation proceedings.

Chapter 449, Statutes of 1997

AB 1544 (Aroner-D) Dependent children and foster youth

Changes foster care and adoption procedures with the goal of expediting the permanent placement of foster children living with relatives.

Chapter 793, Statutes of 1997

Civil Law

SB 23* (Johnson-R) Assignment of rent laws

Clarifies that the pre-1997 assignments of rent law, which were repealed on January 1, 1997, continue to apply to contracts entered into prior to January 1, 1997, and governs actions and proceedings initiated on the basis of those contracts. Cures an erroneous date contained in legislation of last year.

Chapter 8, Statutes of 1997

SB 35 (Vasconcellos-D) Securities litigation

Enacts the Private Securities Litigation Reform Act of 1997 to incorporate federal law in this area, with exemptions and modifications appropriate to the California business environment.

(In Senate Judiciary Committee)

SB 67 (Kopp-I) Repeal of immunity for tobacco products

Repeals the current immunity from product liability actions upon tobacco manufacturers, tobacco industry research groups, and their successors in interest, but retains the immunity for all others, including, but not limited to, retailers and distributors of tobacco products.

Chapter 570, Statutes of 1997

SB 73 (Kopp-I) Civil law and procedures

Omnibus clean-up bill makes changes in the law concerning cross examination of expert witnesses, limited liability companies and extension of time to complete service of process.

Chapter 892, Statutes of 1997

SB 82 (Johnson-R) Civil liability

Provides that the proprietor of a business, and specified other persons, does not have a duty to comply with the demands of a person perpetrating or attempting to perpetrate a crime by threatening to inflict injury or harm to a patron or other person on the premises.

(In Senate Judiciary Committee)

SB 96 (Johnson-R) Obligations

Creates a further exception in the law concerning presumption of joint liability in an action arising out of the sale, transfer, lease, or exchange of real property, by providing that the liability of a defendant for economic damages shall be several only and not joint, if the defendant's apportioned share of fault is less than the plaintiff's.

(In Senate Judiciary Committee)

SB 97 (Alpert-D) Civil compromise

Prohibits civil compromise in all cases of elder and child abuse and in violations of specified protective orders relating to minors.

Chapter 243, Statutes of 1997

SB 119 (Kopp-I) Peremptory challenges

Provides that in a civil action or proceeding heard in a court having 10 or more judges, any party may exercise 1 peremptory challenge to excuse a judge, court commissioner, or referee without cause.

Specifies that this "no cause" peremptory challenge is an alternative to and in lieu of filing an affidavit under current law to disqualify a judicial officer for cause.

Requires the Judicial Council to prescribe the manner by which this alternative peremptory challenge must be exercised. Specifies that if the alternative peremptory challenge procedure provided by the Judicial Council is held unconstitutional by any court, any party affected by this court decision is deemed to have filed a timely motion with a supporting affidavit disqualifying the judicial officer for cause.

Vetoed by the Governor

SB 177 (Kopp-I) Best evidence rule

Repeals the existing "best evidence" rule, and replaces it with revised rules governing the proof of the content of a writing in a civil or criminal action which is to be known as the "secondary evidence rule."

(In Senate Judiciary Committee)

SB 232 (Brulte-R) Liability

Provides that a person has only several liability, as specified, and not joint and several liability, for economic losses based on acts or omissions of persons rendering services, other than losses arising from personal injury, property damage, or wrongful death, except as specified.

(In Senate Judiciary Committee)

SB 262 (Burton-D) Damages: unauthorized use of a person's name

Increases the minimum amount of damages, from $750 to $1,500, that may be assessed against any person who knowingly uses another's name, voice, signature, photograph, or likeness on or in products, merchandise or goods, without the person's prior consent.

(In Assembly Judiciary Committee)

SB 340 (Sher-D) Liability: tobacco

States the legislative intent in enacting Civil Code Section 1714.45 in 1987. Does not apply to any action against a tobacco company brought by a party who did not voluntarily consume the product.

Vetoed by the Governor

SB 414 (Maddy-R) Real estate contracts

Provides that parties to a real estate contract who bring claims based upon specified patent vs. latent deficiencies are subject to unspecified mandatory mediation provisions.

(In Senate Judiciary Committee)

SB 449* (Sher-D) Wrongful death: standing to sue

Restores the ability of a parent to seek damages for the wrongful death of a son or daughter for any cause of action arising on or after January 1, 1993 to the same extent that the right existed prior to that date.

Chapter 13, Statutes of 1997

SB 517 (Haynes-R) Nuisance: shooting ranges

Exempts a person who operates or uses a sport shooting range from civil liability, criminal prosecution or a nuisance action with respect to noise or noise pollution if the person complies with the laws in operation at the time the sport shooting range was approved for use. Allows local public entities to regulate sport shooting ranges at nighttime in certain circumstances.

Chapter 880, Statutes of 1997

SB 544 (Maddy-R) Depositions

Amends existing procedures relative to the distribution of deposition transcripts.

Chapter 395, Statutes of 1997

SB 618 (Watson-D) Notaries public

Specifies that the notary journal and seal are the exclusive property of the notary public, which may not be surrendered to any person with the sole exception of the county clerk, at any time, including the notary's employer upon termination of employment, and requires the notary public to keep the notary journal and the office seal in a locked and secured area, under the direct and exclusive control of the notary.

Chapter 319, Statutes of 1997

SB 628 (Kopp-I) Conservatorships: elderly persons

Prohibits, until January 1, 2001, the establishment of a conservatorship of the person in this state if the person is a nonresident.

Chapter 663, Statutes of 1997

SB 647 (Brulte-R) Environmental requirements

Prohibits the assessment of any civil or administrative sanction, including any civil penalty or fine, against any person who, as the result of conducting required monitoring, fully discloses a minor violation, as defined, of an environmental requirement, as defined, to the regulatory agency having jurisdiction over the matter disclosed.

(In Senate Judiciary Committee)

SB 696 (Rainey-R) Estates and trusts

Limits a public guardian's standard of care when acting as a trustee. Entitles the public guardian to reasonable compensation as a trustee. Increases to $20,000 the ceiling at which a public administrator may summarily dispose of the decedent's estate. Requires a funeral director, or cemetery authority, to notify the public administrator when a person dies without known next of kin.

Double-joined with AB 1165 (Richter-R).

Chapter 93, Statutes of 1997

SB 778 (Haynes-R) False claims actions

Provides that existing provisions of law requiring the State Attorney General to bring action for false claims do not apply or extend to tort claims and actions against public entities and public employees, specified construction claims from public works projects, the arbitration of public works contracts claims, any claim made pursuant to other statute or law, and any claim made in the course of any litigation, arbitration, or other formal adjudicatory proceedings.

(In Senate Judiciary Committee)

SB 792 (Burton-D) Probate: notices

Requires notice of certain filings related to the probate proceeding to be provided to a surety which has filed a court bond.

Chapter 198, Statutes of 1997

SB 947 (Senate Judiciary Committee) Maintenance of the codes

Enacts the recommendations of the Legislative Counsel's Office for maintenance of the codes. (The proposed changes would not make any substantive change in the law.)

Chapter 17, Statutes of 1997

SB 948 (Hayden-D) Real property: power of termination

Provides that expiration of a power of termination pursuant to the Marketable Record Title Act will not prohibit the enforcement of a restriction that is also a "covenant running with the land."

Vetoed by the Governor

SB 999 (Maddy-R) Escheat claims

Authorizes a blood relative of a missing beneficiary or a decedent to claim property after the Attorney General has filed suit and a judgment has been entered declaring the bequest to be property of the state, but before the property permanently escheats.

Provides that the blood relative of the beneficiary may claim the property at any time within the 5-year period between judgment and escheat if the named beneficiary is dead. If a court has not rendered a judgment that the named beneficiary is dead, requires payment of the claim of a blood relative of the beneficiary to be made on the day before the expiration of the 5-year period.

Prohibits any person, including any issue or blood relative of that person, from claiming property before permanent escheat to the state if the will or other instrument designating the beneficiary specifically restricted or barred that person's interest or inheritance.

Chapter 671, Statutes of 1997

SB 1002 (Brulte-R) Vehicles

In a third-party action for personal injury arising out of the operation or use of a motor vehicle, reduces the recovery by amounts paid as a medical payment benefit under a policy of motor vehicle insurance.

Requires the mutual exchange of information in connection with third-party claims that seek or contest a claim for money damages arising from a motor vehicle accident.

Permits the use of a medical injury profile as evidence in a third-party action involving bodily injury on and after January 1, 1999.

(In Senate Judiciary Committee)

SB 1018 (Leslie-R) Private property: illegal dumping

Provides that in any case involving illegal dumping or littering of waste material on private property located adjacent to a public road, highway, or right-of-way without the consent of the private property owner, the private property owner is neither liable for the cost of for cleanup of the illegally dumped or littered waste material, nor does he or she have a duty to provide for such cleanup.

(In Senate Judiciary Committee)

SB 1251 (Calderon-D) Fair employment and housing

Removes the cap on damage awards for violations of the employment discrimination provisions of the Fair Employment and Housing Act.

(On Assembly Inactive File)

SB 1252 (Calderon-D) Defamation: damages

Provides that punitive and general damage awards may be recovered by a plaintiff in a case of libel by newspaper or slander by radio upon a showing of plain malice (rather than actual malice), and without having to first demand and then receive a retraction. Splits such punitive damage awards 50% to the plaintiff, and 50% to the General Fund for literacy programs.

Makes a person who engages in a pattern of publishing or broadcasting defamatory statements liable for a civil penalty not to exceed $250,000 for each violation.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

SB 1296 (Lockyer-D) Civil procedure: special motion to strike

Revises the anti-SLAPP statute to also cover conduct in furtherance of the constitutional right of petition or of free speech in connection with a public issue or an issue of public interest, and to express the legislative intent behind the statute to state that section shall be construed broadly.

Chapter 271, Statutes of 1997

SB 1327 (Knight-R) Liability: recreational activities

Deems bicycling or walking on or next to the bicycle path located alongside the California Aqueduct to be a hazardous recreational activity for purposes of adding to the list of activities that a public entity is liable for injury.

(In Senate Judiciary Committee)

SB 1342 (Lockyer-D) Small claims court: automobile accidents

Establishes a small claims division for automobile claims involving less than $10,000. Applies to auto injury claims in excess of $5,000. Allows attorneys to represent clients in these small claims court cases, but caps any contingency fee to 25% unless the court awards a higher fee. Provides for sanctions for a meritless appeal of an award from these small claims cases.

(In Assembly Judiciary Committee)

SCR 3 (Kopp-I) California Law Revision Commission

Authorizes the California Law Revision Commission to continue its study of selected topics, deleting 3 topics from the list previously approved by the Legislature for commission study.

Resolution Chapter 102, Statutes of 1997

SJR 21 (Watson-D) Tobacco products

Requests the President and Congress to oppose any legal or legislative settlement that limits the ability of public entities or individuals to such compensation for tobacco related injuries.

(In Senate Judiciary Committee)

AB 76 (Miller-R) Common interest developments

Amends portions of the Davis-Stirling Common Interest Development Act, by providing for the responsibilities of sellers to disclose to prospective purchasers, and homeowner associations to disclose to owners, information concerning pending and settled litigation against common interest developments.

Chapter 632, Statutes of 1997

AB 157 (Villaraigosa-D) Personal rights: breastfeeding

Provides that a mother may breastfeed her infant in any public or private location where she and the child are authorized to be present. States legislative findings and declarations regarding the benefits of breastfeeding, the fact few women continue to breastfeed beyond 8 weeks despite these benefits, and the need to encourage public acceptance of breastfeeding.

Chapter 59, Statutes of 1997

AB 185* (Papan-D) Interpretation of contracts

Provides for the interpretation of contracts, securities, and similar instruments with relation to mediums of payment replaced by the euro.

(In Senate Finance, Investment and International Trade Committee)

AB 332 (Figueroa-D) Debtor-creditor relations

Provides protection of life insurance loan values and interest in any accrued dividend by removing the $8,000 limited exemption from money judgments against a debtor.

(On Assembly Inactive File)

AB 468 (Cardoza-D) Liens: commercial leaseholds

Allows a real estate broker to record a lien upon commercial real property to secure payment of an unpaid commission earned for placing a tenant in that commercial property.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

AB 469 (Cardoza-D) Real estate: limited liability companies

Requires a limited liability real estate company to provide security for claims against it based upon acts, errors, or omissions arising out of licensed activity in California.

(In Senate Judiciary Committee)

AB 493 (Brown-D) Name changes: procedure

Exempts victims of domestic abuse from having their names published when they request a legal name change.

(In Senate Judiciary Committee)

AB 615 (Margett-R) Contracts: damages recoverable

Limits the amount of recovery available for breach of a non-written agreement to the maximum award available in small claims court.

(Failed passage in Assembly Judiciary Committee)

AB 630 (Richter-R) Tenancies: unclaimed personal property

Increases the amount of property a landlord may retain after a tenant has vacated, to $400. Revises the notice and disposition procedure to, among other things, authorizing an agent of a landlord to comply with the procedure on behalf of a landlord; and provides that the landlord shall retain the balance of the proceeds of sale.

(In Assembly Judiciary Committee)

AB 758 (Morrow-R) Civil procedure: omnibus bill

Enacts the annual omnibus civil procedure bill, making changes to various code sections.

Chapter 442, Statutes of 1997

AB 804 (Baugh-R) Civil actions

Amends existing law relative to reasonable attorney's fees in instances where a party fails to accept an offer and fails to obtain a more favorable judgment.

(In Assembly Judiciary Committee)

AB 843 (Goldsmith-R) Summary judgment

Makes it easier to file, and to grant, motions for summary judgment and for summary adjudication by changing the standard for granting such motions from "no triable issue as to material fact" to "no genuine issue as to any material fact," and affidavits, declarations, etc.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 905 (Miller-R) Civil commitments

Establishes a new civil commitment procedure for people charged with specified felonies who are mentally incompetent to stand trial.

(In Assembly Appropriations Committee)

AB 915 (Baugh-R) Liability: recreational activities

Adds "in-line skating by an adult" to the list of "hazardous recreational activities" for which public entities and their employees enjoy a qualified immunity from liability.

Chapter 805, Statutes of 1997

AB 918 (Floyd-D) Discovery

Provides that a pending motion or the failure to file a particular motion or pleading does not itself constitute a basis for a court order restricting the use of a selected discovery method.

(In Assembly Judiciary Committee)

AB 919 (Floyd-D) Discovery sanctions

Makes it a misuse of the discovery process to fail to produce documents or other information within the party's possession, custody, or control at the time the responses are due or at a later time agreed upon by the parties.

(In Assembly Judiciary Committee)

AB 1054 (Goldsmith-R) Gift certificates

Exempts gift certificates from the prohibition on expiration dates if they are sold at a volume discount to an employer or for fundraising purposes. Exempts gift certificates that are for food products.

Chapter 472, Statutes of 1997

AB 1070 (Campbell-R) Design professionals: indemnification

Declares void as against public policy "hold harmless" clauses which require a design professional to be liable for a public agency client's negligence, except to the extent that such costs resulted from the design professional's own negligence.

(In Senate Judiciary Committee)

AB 1093 (Assembly Judiciary Committee) Arbitration

Revises the disclosure laws for persons selected to serve as a neutral arbitrator. Consolidates existing provisions and applies the disclosure requirements to all arbitrations, rather than just to arbitrations of "claims for damages." Revises the current disclosure requirement to protect the confidentiality of the names of private parties in prior arbitrations in which the proposed arbitrator must disclose his or her service, and clarifies that the disclosure must be made within 15 calendar days.

Chapter 445, Statutes of 1997

AB 1122 (Baugh-R) Liability: collateral benefits

Creates an exception to the collateral source rule by allowing a plaintiff to introduce evidence in a civil action showing that the plaintiff has, or may have, already collected insurance payment for medical expenses from his or her employer's workers compensation plan.

(Failed passage in Assembly Judiciary Committee)

AB 1129 (Prenter-R) Livestock slaughter: penalties

Provides for an increase for civil penalties for each violation of the California Meat and Poultry Act requirements.

Chapter 146, Statutes of 1997

AB 1160 (Shelley-D) Deeds of trust

Creates new and alternative criteria to require discontinuance of private mortgage insurance (PMI) or mortgage guarantee insurance (MGI). Prohibits a lender from charging or collecting payments for PMI or MGI if specified conditions are met.

Chapter 62, Statutes of 1997

AB 1165 (Richter-R) Probate: summary disposition

Requires that when a public administrator files a petition for summary disposition of an estate, the same information that is required in a petition to probate a will must be included.

Chapter 63, Statutes of 1997

AB 1172 (Kaloogian-R) Estates and trusts: omnibus bill

The annual probate law omnibus bill sponsored by the Estate Planning, Trust and Probate Law Section of the State Bar of California; contains numerous provisions making both technical and substantive changes.

Chapter 724, Statutes of 1997

AB 1176 (Pringle-R) Liability: auto accidents

States that no cause of action seeking general damages for accidental injury resulting from the use, operation, or maintenance of a motor vehicle may be filed until the court determines that the plaintiff has suffered a "serious injury," meaning death, serious impairment of bodily functions, or permanent serious disfigurement. Requires a court to order a plaintiff who fails to prove serious injury to pay the other party's costs.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1199 (Alby-R) Disqualification of judges

Authorizes any party to, or any attorney appearing in, any such action or proceeding to exercise one peremptory challenge in lieu of the challenge for prejudice, subject to the same time limits.

(In Assembly Judiciary Committee)

AB 1220 (Migden-D) Negligence

Provides that the $250,000 limitation on the amount of damages for non-economic losses against a health care provider does not apply when the trier of fact finds that the health care provider took, or failed to take, certain specified actions.

(In Assembly Judiciary Committee)

AB 1258 (Ackerman-R) Civil procedure: attachment

Ensures that secured creditors may continue to obtain a pre-judgment attachment of other assets of the debtor.

Repeals the January 1, 1998 scheduled sunset on the statute that allows a creditor of a debt secured by personal property to obtain a pre-judgment attachment of other assets of the debtor when the secured interest is insufficient to cover the claim.

Adds a new section to the pre-judgment attachment laws expressly providing that a creditor of a debt secured by real property does not violate the "one form of action" rule by seeking a writ of attachment against other assets of the debtor.

Chapter 222, Statutes of 1997

AB 1274 (Goldsmith-R) Nuisance: prostitution activity

Expands the definition of "nuisance" to specifically include prostitution activity, which is defined as acts of prostitution, solicitation, and loitering for the purpose of prostitution.

(In Assembly Judiciary Committee)

AB 1296 (Morrow-R) Liability

Adds "skateboarding" to the list of "hazardous recreational activities" for which a public entity is immune from liability when a person engaged in that recreational activity on public property is injured.

Chapter 573, Statutes of 1997

AB 1323 (Martinez-D) Victims of crime: civil liabilities

Subjects a person to civil liability for publishing, disseminating, or otherwise publicizing, an image of a victim of crime without consent.

(In Assembly Judiciary Committee)

AB 1324 (Escutia-D) Summary judgment

Makes a number of changes to the rules governing motions for summary judgment and for summary adjudication to discourage the filing and granting of such motions.

(On Assembly Inactive File)

AB 1329 (Papan-D) Defaults

Makes changes to existing law relative to trustee's or attorney's fees, including applying that conclusive presumption to a beneficiary who selects a trustee that charges the authorized fees even if the trustee charges different amounts for other loans or beneficiaries.

(In Assembly Judiciary Committee)

AB 1370* (Prenter-R) Sentencing: prior convictions

Substantially changes the law of sentencing including repealing limits on multiple punishment and the ability of judges to reduce alternative felony/misdemeanors to misdemeanors in Three Strikes cases. Strictly limits the power of a judge to dismiss a prior "strike," but does allow the prosecutor to decline to file a strike under certain circumstances, authorizes/requires a defendant to file a new action to attack a prior conviction on grounds of ineffective assistance of counsel, and clarifies some "Three Strikes" provisions.

(In Assembly Public Safety Committee)

AB 1371 (Morrow-R) Civil actions: exemplary damages

Makes a number of changes to the procedures used in assessing punitive damages awards, and the standards to be applied in determining the amount of such awards, in an attempt to reduce the size of punitive damages awards.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1384 (Havice-D) Controlled substances: unlawful detainer

(In Assembly Judiciary Committee)

AB 1409 (Baugh-R) Governmental tort liability

Changes the definition of "dangerous condition" for the purposes of governmental tort liability from a condition of property which creates a substantial risk of injury when that property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used, to also require that the property be used with due care by all persons necessary for that risk of injury to occur.

(In Assembly Judiciary Committee)

AB 1487 (Floyd-D) Business practices: injunctions

Permits the court to make orders or judgments necessary to prevent the use or employment of proceeds derived from an act or practice that constitutes unfair competition, or to disgorge money or property that may have been acquired by means of the unfair competition.

Provides that an inference of reliance on the part of every individual in a particular class of persons shall arise from findings of fact that a defendant or defendants practiced a deceit upon members of the class in the form of misrepresentation, omission, or suppression of material facts, or other fraudulent conduct.

Revises the definition of senior citizen for purposes of the act, increases the civil penalties, damages, and restitution authorized to be awarded a senior citizen or disabled person under the act, revises the conditions for a class action under the act, and revises the definition of prevailing party under the act.

(In Assembly Judiciary Committee)

AB 1500 (Thomson-D) Publication of victims' images

Subjects a person to both compensatory and exemplary (or punitive) damages for disseminating a photo, video or film image of an actual crime or its immediate aftermath, which causes actual damage to a victim of the crime.

(In Assembly Judiciary Committee)

AB 1517 (Vincent-D) Contracts

Provides that any provision in a telephone directory advertising contract that purports to limit the responsibility of the party offering to provide the advertising for that party's acts or omissions, whether willful or negligent, is unconscionable and contrary to public policy. Provides that a contract containing a provision to this effect is voidable at the option of the other party or parties to the contract, or alternatively, that the contract may be entered into and enforced without the unconscionable provision, as specified.

(In Assembly Judiciary Committee)

AB 1540 (Morrow-R) Equine activities: liability

Provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to, or the death of, a participant or equine resulting from the inherent risks of equine activities. Defines various terms for these purposes.

(In Assembly Judiciary Committee)

AB 1603* (Bustamante-D) Liability: common consumer products

Removes any real or claimed legal barrier to the Attorney General filing suit against tobacco companies to recover state-paid medical costs of treating smokers.

Chapter 25, Statutes of 1997

AB 1609 (Papan-D) Silicone breast implants

Revives all causes of action, except as specified, which are not barred by statutes of limitation pertaining to injury or death caused by silicone injections or implants.

Vetoed by the Governor

AB 1617 (Baca-D) Religious Freedom Restoration Act

Restores the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398, and Wisconsin v. Yoder, 406 U.S. 205, guarantees the application of the compelling interest test in all cases where free exercise of religion is substantially burdened, and provides a claim or defense to persons whose religious exercise is substantially burdened by government. Prohibits government, as defined, from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except if government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. Permits a person whose religious exercise has been burdened in violation of these provisions to assert that violation as a claim or defense in a judicial proceeding and obtains appropriate relief against a government.

(In Assembly Judiciary Committee)

ACA 3 (Murray-D) Civil Rights Initiative of 1998

Expresses a finding regarding the diversity of the state's population. Amends the California Constitution by adding the Civil Rights Initiative of 1998, which would provide that, notwithstanding any other provision of state law, the state may take all actions, including the creation and implementation of any programs it deems necessary, designed to promote and enhance equal access and opportunities for public education, public employment, and public contracting, as specified.

(In Assembly Judiciary Committee)

ACA 24 (Baca-D) Free exercise of religion

Prohibits the state or any political subdivision of the state, as defined, from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the state or political subdivision of the state demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

(In Assembly Judiciary Committee)

ACR 40 (Alquist-D) California Earthquake Preparedness Month

Proclaims that the month of June is California Earthquake Preparedness Month and urges all Californians to engage in appropriate earthquake safety related activities during that month.

(In Assembly Rules Committee)

AJR 34 (Baca-D) Religious Freedom Restoration Act

Calls upon the President and the Congress to condemn a recent ruling by the U.S. Supreme Court overturning the Religious Freedom Restoration Act of 1993, and enacts new legislation to protect freedom of religion.

(Refused adoption on Senate Floor)

AJR 38 (Bustamante-D) Asian and Pacific Islander American civil rights

Expresses support for a full, fair, and complete investigation of legal and ethical violations during the 1996 campaigns, and memorializes the President and the Congress to condemn all prejudice against Asian and Pacific Islander Americans, and to publicly support political and civic participation by these persons throughout the United States.

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Death Penalty

SB 351 (Peace-D) Murder: sexual assault

(In Senate Public Safety Committee)

SB 469 (Rainey-R) Death penalty cases

(In Assembly Public Safety Committee)

SB 513 (Lockyer-D) Appellate representation: State Public Defender

(In Assembly Public Safety Committee)

AB 566 (McClintock-R) Death penalty: witnesses to execution

Chapter 100, Statutes of 1997

Domestic Violence

SB 115 (Burton-D) Domestic violence: elimination of civil compromise

Chapter 18, Statutes of 1997

SB 165 (Solis-D) Domestic violence: unemployment compensation

(In Senate Appropriations Committee)

SB 215 (Alpert-D) Criminal procedure: continuance of proceeding

Chapter 69, Statutes of 1997

SB 341 (Watson-D) Domestic violence training

(In Senate Appropriations Committee)

SB 350* (Lee-D) Violence against women

Chapter 9, Statutes of 1997

SB 489 (Alpert-D) Domestic violence victims: confidential address

(In Senate Appropriations Committee)

SB 564 (Solis-D) Domestic violence: visitation

Chapter 396, Statutes of 1997

SB 1001 (Hayden-D) Public social services

(In Senate Appropriations Committee)

SCR 20 (Solis-D) Domestic Violence Awareness Month

Resolution Chapter 95, Statutes of 1997

AB 45 (Murray-D) Domestic violence: expansion of statute

Chapter 847, Statutes of 1997

AB 75 (Alby-R) Victims of crime: reports of injuries

(On Senate Inactive File)

AB 102 (Cunneen-R) Domestic violence: procedures

Chapter 848, Statutes of 1997

AB 191 (Napolitano-D) Domestic violence: pilot project

(In Senate Appropriations Committee)

AB 200 (Kuehl-D) Child custody

Chapter 849, Statutes of 1997

AB 243 (Honda-D) Comprehensive statewide domestic violence program

(On Senate Inactive File)

AB 260 (Alby-R) Custody of a minor

(In Assembly Judiciary Committee)

AB 273 (Sweeney-D) Probation: counseling program

Chapter 134, Statutes of 1997

AB 285 (Honda-D) Domestic violence and sexual assault prevention

(In Assembly Education Committee)

AB 340 (Alby-R) Domestic violence

Chapter 48, Statutes of 1997

AB 350 (Firestone-R) Stalking: emergency protective orders

Chapter 169, Statutes of 1997

AB 493 (Brown-D) Name changes: procedures

(In Senate Judiciary Committee)

AB 520 (Brown-D) Domestic violence: training for probation

Vetoed by the Governor

AB 588 (Figueroa-D) Insurance: domestic violence

Chapter 845, Statutes of 1997

AB 649 (Napolitano-D) Insurance: domestic violence

Chapter 176, Statutes of 1997

AB 714 (Kuehl-D) Domestic violence: reporting

(On Assembly Inactive File)

AB 812* (Scott-D) Domestic violence: marriage license fees

(On Assembly Inactive File)

AB 880 (Hertzberg-D) Domestic violence: minors

(In Assembly Public Safety Committee)

AB 1531 (Shelley-D) Domestic violence: local fees

(In Assembly Judiciary Committee)

AB 1532 (Shelley-D) Interpreters for victims

(On Assembly Inactive File)

AB 1542* (Ducheny-D) Welfare reform: domestic violence

Chapter 270, Statutes of 1997

Sex Offenders

SB 314 (Ayala-D) Sex offenders: registration

Chapter 819, Statutes of 1997

SB 536* (Mountjoy-R) Sexually violent predators

(On Assembly Inactive File)

SB 882 (Schiff-D) Sex offender registration: transients

Chapter 820, Statutes of 1997

SB 939 (Schiff-D) Sex offenders: jurisdiction