6sfa04

NOTE: * denotes urgency legislation
Gang Violence
Child Abuse
Sex Offenders
Crimes and Sentencing
Procedural
Juvenile Justice
Courts/Judges/Attorneys
Drunk Driving/Vehicle Code
Controlled Substances
Weapons
Victims' Rights
Prisons and Prisoners
Law Enforcement
Family Law
Civil Law

Gang Violence SB 318 (Solis-D) - Street Terrorism Extends the California Street Terrorism Enforcement Prevention Act indefinitely by repealing the January 1, 1997 sunset date. Chapter 873, Statutes of 1996 SB 1242 (Polanco-D) - Hope in Youth Program Allocates $2.5 million of specified funds appropriated in the Budget Act of 1995 for anti-drug abuse programs to the Hope in Youth gang and drug reduction program in Los Angeles County. Requires, to the extent possible, the Hope in Youth program to seek specified in-kind participation from Los Angeles County or any other county in which it operates or provides services. (Died in Assembly Public Safety Committee) SB 1560 (Watson-D) - California Task Force on Gang Intervention Creates the California Task Force on Gang Intervention with specified responsibilities. Creates the position of California Gang Czar within the office of the Attorney General and would become operable only if federal funds are made available. (Failed passage in Assembly Public Safety Committee) SB 1701 (Hurtt-R) - Criminal Street Gangs Extends the operation of the Street Terrorism Enforcement and Prevention Act until January 1, 1998. Chapter 630, Statutes of 1996 SB 1956 (Mello-D) - Tattoo Removal Authorizes formation of a grant program in 4 counties to provide tattoo removal services to former gang members. Makes these provisions inoperative on July 1, 2000. Appropriates $132,000 from the General Fund for the 1996-97 fiscal year to fund the program. (Failed passage in Assembly Public Safety Committee) AB 172 (Frusetta-R) - Criminal Street Gangs: Registration Requires registration with local law enforcement agencies for any person convicted in a criminal court or who has had findings sustained in a juvenile court of specified offenses, or where the court makes a finding that the crime is gang related. Requires the court to state on the record its reasons for making this finding, to give notice regarding the registration requirements, as specified, and to state on the record its reasons for requiring registration. Requires parole and probation officers to verify that these registration requirements have been met. (Failed passage in Senate Criminal Procedure Committee) AB 383* (Pringle-R) - Gangs: Pilot Project Appropriates $6 million to Alameda, Orange and Solano Counties for the purpose of implementing a 3-year, anti-gang, pilot project. (Died in Senate Appropriations Committee) AB 724 (Alby-R) - Gang Activity: School Zone Modifies provisions in existing law relating to specified gang activity committed within a school zone. Deletes the January 1, 1997 sunset date on the California Street Terrorism Enforcement and Prevention Act, thereby extending the act indefinitely. (Died in Assembly Public Safety Committee) AB 1006 (Frusetta-R) - Crimes: Gangs Increases the prison term to 3, 4 or 5 years for specified activities of street gangs. Authorizes testimony by an expert on gangs and gang activity regarding matters covered by the act. This authorization would extend to hearsay information submitted by law enforcement personnel or contained in court documents and would declare that this expert testimony is sufficient, without further corroboration, to prove the truth of the matter expressed in the opinion of the expert. (Failed passage in Senate Criminal Procedure Committee) AB 1741 (Bordonaro-R) - Murder: Punishment Includes within the enumeration of special circumstances, a murder that was committed for the benefit 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 gang. (Failed passage in Senate Criminal Procedure Committee) AB 2035 (Frusetta-R) - Street Terrorism Expands the definition of "pattern of criminal gang activity" to include a sustained juvenile petition for, or conviction of, 2 or more officers specified in the California Street Terrorism Enforcement Act. Chapter 982, Statutes of 1996 AB 2065 (Knight-R) - Street Terrorism: Criminal Street Gangs Specifies that criminal conduct, as defined in the California Street Terrorism Enforcement and Prevention Act, includes conduct undertaken for the purpose of enhancing a gang's criminal image, criminal capabilities, or financial status or to expand or reinforce the territorial boundaries of a gang or to aid a person in acquiring gang membership or social privileges within a gang. (Failed passage in Senate Criminal Procedure Committee) AB 2207 (Bowler-R) - Crimes: Gang Members: Firearms Provides that any member of a criminal street gang who personally uses a firearm in the commission or attempted commission of a crime shall be punished by an additional term of 2 years. (Died in Assembly Public Safety Committee) AB 2724 (Tucker-D) - Statewide Organized Gang Database Requires the Department of Justice to establish and maintain a Statewide Organized Criminal Gang Database for the purpose of tracking organized criminal gangs and their membership. Requires the department to develop, in consultation with the Office of Criminal Justice Planning, an automated data exchange system to compile, maintain, and make available electronically to prosecutors and other law enforcement agencies information pertaining to the identification of organized gang members and their affiliates. (Died on Assembly Third Reading File) AB 3365 (Campbell-D) - Gang Violence Suppression Expands the definition of a "community based" organization for the purposes of the Gang Violence Suppression Program to include public park and recreation agencies, public libraries and public community services departments. Chapter 561, Statutes of 1996 Child Abuse SB 1812 (Polanco-D) - Child Abuse Requires the Department of Justice to make available to child death review teams and court- appointed special advocate programs any information maintained in the child abuse index. Requires the department to make available specified information to child protective agencies responsible for placing children or assessing the possible placement of children. Authorizes local child death review teams to share information with other child death review teams. Makes other related changes regarding the emergency placement of children. Enacts the Lance's Law Child Protective Services Reform Act of 1996, which would require the Secretary of the Health and Welfare Agency, or his or her designee, to investigate the deaths of dependent children, children who are under the care of a licensed or certified foster care provider, and children whose deaths are identified in the California Child Abuse Central Index or listed as homicides. (Died at Assembly Desk) SB 1813 (Polanco-D) - Child Abuse 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. Requires that whenever a dependent child may be placed in the home of his or her parent or relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, the court or other agency placing the child shall cause a criminal record check to be conducted by an appropriate governmental agency, with respect to any person over the age of 14 living in the home and on every other person known to the placing entity who may spend considerable time with the child, as specified. Requires the court or other agency placing the child to evaluate all individuals who may have significant contact with the child when assessing the risk of placement, as provided. (Died in Assembly Judiciary Committee) AB 1153 (Alby-R) - Child Day Care: Child Abuse Convictions Provides that it is a felony for any person who was convicted of child abuse to operate or be employed at a child day care facility or otherwise have contact with children attending the facility, or to work as a professional child care provider, as defined. (Died in Assembly Public Safety Committee) AB 1349 (Knowles-R) - False Child Abuse Reports Provides that every person who knowingly makes a false report of child abuse, or who makes a report of child abuse in reckless disregard for the truth or falsity of that report, to any of several entities, is guilty of a felony punishable by 2, 3, or 4 years in the state prison, and by a fine of $15,000. (Died in Assembly Public Safety Committee) AB 1606 (Hawkins-R) - Child Abuse: Enhancements Imposes a 4-year sentence enhancement for anyone found guilty of specified offenses involving a child. (Died in Senate Appropriations Committee) AB 1652 (Escutia-D) - Statutory Rape Provides that any person over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under the age of 16, and who previously has been convicted of any specified sex offense, is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 3, or 4 years. Requires any person granted probation for a violation of this new provision to complete an appropriate rape treatment or counseling program within 1 year as a condition of probation and requires the person to reimburse the victim for the cost of counseling made necessary by the defendant's violation of the provision. (Died in Senate Criminal Procedure Committee) AB 2014 (Boland-R) - Sex Crimes: Limitations of Actions Provides that the statutes of limitation periods applicable to specified child sexual abuse offenses be made expressly retroactive. Provides that certain criminal causes for child sexual abuse which are otherwise time-barred be revived. Chapter 130, Statutes of 1996 AB 2110 (Tucker-D) - Child Abuse Prevention and Grants Requires that grants executed by the Office of Child Abuse Prevention in the Department of Social Services contain a provision authorizing termination of the grant by either party only "for cause". (Died in Assembly Human Services Committee) AB 2194 (Knowles-R) - Child Abuse Reporting Expands the definition of "child abuse" to include death that is inflicted by other than accidental means. Requires information relative to child abuse to remain on the index files at the Department of Justice (DOJ) for 10 years. Requires DOJ to develop a procedure whereby a person may inquire, and be informed, if his or her name is on the index. (Died in Senate Appropriations Committee) AB 2258 (Kuykendall-R) - Child Abuse Resulting in Death Increases the penalty for child abuse resulting in death from 15- years-to-life to 25-years-to-life. Chapter 460, Statutes of 1996 AB 2329 (Goldsmith-R) - Juvenile Dependency Requires a social worker or peace officer to maintain the confidentiality of the address of a licensed foster family home in which a child, who has been taken into custody due to allegations of abuse or neglect, is placed -- until the time of the dispositional hearing, at which time the court may authorize the disclosure of the address for good cause. Chapter 275, Statutes of 1996 AB 2608 (Morrissey-R) - Dependent Children Provides that a juvenile court have the discretion not to provide reunification services to a parent who has had a child removed from the home, returned, and is now being removed from the home again due to additional abuse or neglect, regardless of whether the additional abuse or neglect occurs after the court has dismissed jurisdiction. Chapter 142, Statutes of 1996 AB 2918 (Weggeland-R) - Child Abuse Requires that when a court orders removal of a minor from the custody of his or her parent or guardian, the court shall also order the removal of any other minor from the custody of that parent or guardian. (Died in Assembly Public Safety Committee) AB 3215 (Hawkins-R) - Child Abuse: Terms of Probation Enacts a statutory scheme for mandatory treatment of probationed child abusers, as specified. Chapter 1090, Statutes of 1996 AB 3354 (Brown-D) - Child Abuse and Neglect Reports Requires clergy members to report known or suspected instances of child abuse to child protective agencies. Exempts from its reporting requirement a clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication, as defined. Chapter 1081, Statutes of 1996 Sex Offenders SB 67 (Ayala-D) - Sex Offenders: Identification Requires the Department of Motor Vehicles (DMV), prior to the issuance, reissuance, or reinstatement of any license, or the issuance or reissuance of any identification card, to conduct a criminal records check of the applicant to determine whether the applicant is a person required to register as a sex offender. Requires DMV to encode the license or identification card of any applicant who is required to register as a sex offender to indicate that requirement. Requires the Department of Justice to compile, maintain, and make accessible to DMV a computerized list of persons required to register as a sex offender. Creates the Department of Motor Vehicles Registered Sex Offender Identification Fund for the purpose of encoding the driver's licenses and identification cards of persons required to register as sex offenders. Requires persons convicted of any specified sex offenses to pay a fine of $25 in addition to any other punishment upon the first conviction. Provides that these fines would be deposited in this fund and made available to DMV upon appropriation by the Legislature. (Died in Senate Criminal Procedure Committee) SB 1378 (Peace-D) - Sex Offenders Reduces the registration period for sex offenders from 14 days to 5 working days of the offender's coming into a city, county, or city and county; and reduces the annual updating period from 10 days to 5 working days of his or her birthday. Makes these provisions applicable to name changes. Chapter 909, Statutes of 1996 SB 2161 (Leslie-R) - Sex Offender Registration Makes persons in custody, on parole or on probation statutorily ineligible to seek certificates of rehabilitation relieving them from the obligation to register as sex offenders. Chapter 461, Statutes of 1996 AB 401 (Setencich-) - Sex Offenders Reduces the registration period for sex offenders from 14 to 5 working days of the offender's coming into a city, county or city and county; and reduces the annual updating period from 10 to 5 working days of his or her birthday. Requires, as of specified dates, certain juvenile sex offenders whose cases are disposed of other than through the Department of the Youth Authority to register under these provisions, unless exempted, as provided. (Died in Assembly Public Safety Committee) AB 663 (Boland-R) - Sex Offenses: Enhancement Provides that any person who violates 1 or more of specified sex crimes with knowledge that he or she has Herpes II or carries the Herpes II virus at the time of the commission of those offenses, shall receive a 3-year enhancement of each such violation in addition to the sentence provided under those sections. Furthermore, for the purpose of proving this knowledge, the prosecuting attorney may use specified test results received pursuant to certain provisions of existing law. (Died in Assembly Public Safety Committee) AB 900 (Alby-R) - Sex Offenders: 900 Telephone Number Requires that the public information include disclosures pertaining to persons convicted of specified felony sex offenses perpetrated on adults, and authorizes the use of the information only to protect a person at risk. (Died in Assembly Public Safety Committee) AB 1092 (Alby-R) - Prisoners: Release Provides that an inmate who is required to register as a sex offender may not be returned to any county in which the inmate committed an offense for which he or she is required to register as a sex offender. (Died in Assembly Public Safety Committee) AB 1146 (Alby-R) - Sex Offenders: Mandatory AIDS Testing Requires the court to order a person convicted of continuous sexual abuse of a child to submit to a blood test for AIDS. (Died in Assembly Public Safety Committee) AB 1403 (House-R) - Sex Offenders: Term of Imprisonment Increases punishments for specified violations of provisions relating to assault with intent to commit certain sex offenses, rape, rape in concert, sodomy, oral copulation, and penetration of genital or anal openings by an object. (Failed passage in Senate Criminal Procedure Committee) AB 1496* (Sher-D) - Civil Commitment Provides for procedures to be followed relative to the release of sexual predators. Chapter 4, Statutes of 1996 AB 1562* (Alby-R) - Sex Offenders: Disclosure by Law Enforcement Officers: "Megan's Law" Authorizes law enforcement officers to disclose information regarding specified sex offenders that is necessary to protect the public, which may include the identities and locations of these offenders, under specified circumstances. Requires the Department of Justice, on or before July 1, 1997, to provide a CD-ROM or other electronic medium containing information on persons required to register as sex offenders to specified law enforcement agencies. Chapter 908, Statutes of 1996 AB 1901* (Alby-R) - Sex Offenders: Registration: Rehabilitation Provides that the court shall have the discretion, rather than the duty, to make an order declaring the rehabilitation of a petitioner and recommending that the Governor grant a full pardon to the petitioner. Makes existing law providing for no further duty to register as a sex offender inapplicable to specified sex offenders. Chapter 129, Statutes of 1996 AB 2017 (Escutia-D) - Registered Sex Offenders: Certificates of Rehabilitation Increases the waiting period for applying for a certificate of rehabilitation from 3 to 5 years, as specified. Provides procedures for filing a petition seeking to rescind a certificate of rehabilitation granted to a former sex offender. Chapter 981, Statutes of 1996 AB 2104 (Machado-D) - Mentally Disordered Persons Modifies existing procedures relative to proceedings determining the mental competence of a defendant in specified felony sex cases. Chapter 1026, Statutes of 1996 AB 2121 (Alby-R) - Sexual Offenders: Subdirectory Provides that the Department of Justice (DOJ) may distribute annually a subdirectory of persons deemed by DOJ to be sexual habitual offenders and a threat to public safety to the offices of peace officers, as defined. (Died in Senate Criminal Procedures Committee) AB 2127 (Alby-R) - Sex Offenders: Prisons: Blood and Saliva Requires specified sex offenders to provide blood and saliva samples when they are committed to prison. Chapter 917, Statutes of 1996 AB 2359 (Bustamante-D) - Change of Names: Sex Offenders Requires a court to deny all applications for a name change made by a person under the jurisdiction of the Department of Corrections or who is a registered sex offender, as specified. Chapter 730, Statutes of 1996 AB 2364 (Machado-D) - Sex Offenders Reduces the registration period from 14 days to 3 days for sex offenders coming into a city, county, or city and county, and reduces the annual updating period from 10 days to 3 days of his or her birthday. Requires the registering agencies to notify persons subject to registration prior to January 1, 1997 of the reduction of the registration period from 14 to 3 days. (Failed passage in Assembly Public Safety Committee) AB 2471 (Battin-R) - Sex Offenders: Registration Reduces the time limit for sex offenders to register from 14 days to 72 hours. (Failed passage in Senate Criminal Procedure Committee) AB 2900 (Alby-R) - Repeal of Civil Remedies for Misuse of Information Repeals the prohibition against using information obtained from the Department of Justice's "Subdirectory of Sex Offenders" or from the DOJ's "900" number for sex offender information for purposes other than "protecting a child at risk." Repeals the specified civil remedies for a violation of those provisions. (Died in Senate Judiciary Committee) AB 3130* (Boland-R) - Sexually Violent Predators Makes a number of additional modifications to the law relating to sexually violent predators. Chapter 462, Statutes of 1996 AB 3339 (Hoge-R) - Sex Offenders: Chemical Castration Repeals the authorization for the court to impose physical castration in specified circumstances and authorizes chemical castration, upon parole, for a first offense of specified sex crimes with a child under 13 and requires the court to impose chemical castration, upon parole, of a repeat offender. A person who undergoes a permanent, surgical alternative to chemical castration is not subject to this section. Chapter 596, Statutes of 1996 AB 3341 (Knowles-R) - Sex Offender Registration Adds specified offenses, including misdemeanor and non-sexual offenses against children, to the list of offenses for which sex offender registration is required. Requires re-registration of sexually violent predators every 90 days. Also reduces the time period within which a sex offender must register from 14 to 10 days. Leaves the designation of sexually violent predators to the discretion of the Attorney General. (Died in Senate Criminal Procedure Committee) ACA 48 (Alby-R) - Sexual Violence Requires a registered sex offender to register until his or her death and prohibits that person from holding any employment where his or her primary duty involves direct contact with, and direct authority over, children. Authorizes law enforcement officers to disclose a registered sex offender's identity and location, and authorizes a court to deny a petition to change his or her name. (Died in Assembly Appropriations Committee) Crimes and Sentencing SB 63 (Peace-D) - Sentencing: Life Sentences: Consecutive Terms: Enhancements Includes any robbery in the first degree committed within an inhabited dwelling house or other inhabited premises under specified conditions as a violent felony for purposes adding a 3-year enhancement. Provides that persons convicted of a violent felony and where a consecutive term of imprisonment is imposed for that violent felony, alternatively, authorize the imposition of an aggregate term based upon calculating the subordinate term for the violent felony conviction, consisting of the middle term of imprisonment for the violent felony for which a consecutive term of imprisonment is imposed and any additional term of imprisonment for any applicable enhancement, as specified. Specifies that this provision shall not apply where a longer term of imprisonment is mandatory under any other law or where the trial court chooses to exercise discretion to impose a longer term of imprisonment under any other law. (Died in Senate Appropriations Committee) SB 85 (Calderon-D) - Crimes Provides that it shall be unlawful and punishable, as specified, for any person to engage in picketing focused on, and taking place in front of, a particular residence or dwelling of any individual, provided that the particular residence or dwelling is not being used for commercial purposes or substantial business activity. Provides that a court shall not release a defendant arrested for violating these provisions without requiring the defendant to give bail, as specified, as a condition of that release. Provides that it shall not be construed to preempt local regulation of picketing. (Died in Senate Judiciary Committee) SB 90 (Haynes-R) - Sentencing Eliminates the limitations on the total term of imprisonment for consecutive sentences, eliminates the limitations on the use of enhancements, and eliminates the authority of the court to strike certain enhancements under these provisions. (Died in Senate Criminal Procedure Committee) SB 138 (Polanco-D) - Punishment Options: Work Intensive Programs for Offenders Requires the office or department responsible for distributing funds received by the state under the federal Violent Crime Control and Law Enforcement Act of 1994, in conjunction with agencies that are impacted by boot camps, including the Department of the Youth Authority and the Department of Corrections, to prepare a statewide plan for the development of work intensive programs for offenders on or before July 1, 1996. Requires the Board of Corrections to (1) establish minimum operational and program standards for the work intensive programs, (2) create a licensing and inspections process, and (3) establish a training and certification process for work intensive program staff. Requires the State Department of Alcohol and Drug Programs to evaluate substance abuse counseling and treatment capabilities in all work intensive programs operating in the state and reports the results to the Legislature on or before January 1, 1997. Requires the department to develop a model work intensive program. Requires the Job Training Program within the Employment Development Department to develop job training opportunities for graduates of work intensive programs. (Failed passage in Assembly Public Safety Committee) SB 166 (Polanco-D) - California Sentencing Commission Establishes a 13-member California Sentencing Commission to devise sentencing guidelines. Requires the commission to submit to the Legislature on or before January 1, 1997, a report containing the sentencing guidelines. Requires the commission to monitor the sentencing system and make recommendations to the Legislature as needed at least once every 2 years beginning in 1998 regarding proposed changes in sentencing law. Limits the amount expended for purposes of the bill to $100,000. (Failed passage in Assembly Public Safety Committee) SB 182 (Ayala-D) - Foreign Prosecution Program: Funding Appropriates $275,000 from the General Fund to the Department of Justice for the purpose of expanding the Foreign Prosecution Program to assist state and local law enforcement and prosecutorial agencies in investigating and prosecuting those persons who have committed crimes in California and have fled to Mexico to avoid prosecution. (Died in Conference) SB 197 (Kopp-I) - Homesteads Repeals existing law that provides it is a misdemeanor for anyone to engage in prescribed activities in connection with the offering or performance of a homestead filing service. Provides that, on and after January 1, 1997, all declarations of homestead are ineffective, except as specified. (Failed passage in Assembly Judiciary Committee) SB 214 (Polanco-D) - Sentencing: Time Credit Prohibits the accrual of credits of any kind for any person convicted of a violent or serious felony. (Died in Senate Criminal Procedure Committee) SB 239 (Hurtt-R) - Sentencing Repeals the existing rules on consecutive sentencing for violent felonies to allow full consecutive sentences and enhancements, repeals the 5-year limit on subordinate terms, and repeals the "double-the-base-term" rule for persons in prison or on probation who commit new felonies. Adds the crimes of solicitation and conspiracy to commit murder to the list of violent felonies found in the Penal Code. (Died in Senate Appropriations Committee) SB 254 (Polanco-D) - Sentencing: Term Credit Reduction: Parole Requires the Department of Corrections to inform every prisoner who is convicted of certain sex offenses and sentenced as specified, that any reduction of time earned for good behavior, participation, or worktime credit is subject to suspension if he or she violates the conditions of parole and the violation results in revocation of parole. Requires the Board of Prison Terms to impose on a parolee who was convicted of certain sex offenses and whose parole is revoked a term up to the time reduced from the parolee's original sentence because of the parolee's good behavior, participation, or worktime credit, and up to 3 additional years. (Died in Senate Appropriations Committee) SB 318 (Solis-D) - Gangs: Street Terrorism Enforcement and Prevention Act Repeals the January 1, 1997 sunset on the Street Terrorism Enforcement and Prevention Act. Chapter 873, Statutes of 1996 SB 331* (Hurtt-R) - Three Strikes Prohibits a court from striking any prior felony conviction, for purposes of determining a sentence under the current "Three Strikes" law either on its own motion or upon request of the prosecuting attorney, unless specified conditions are met. (Died in Senate Appropriations Committee) SB 359 (Hurtt-R) - Sentencing: Prior Convictions Defines a prior conviction of a felony to include a commitment to the California Rehabilitation Center or any other facility the effect of which is diversion from the state prison. (Died in Senate Criminal Procedure Committee) SB 390 (Rosenthal-D) - Disruption of Film Production Makes the deliberate disruption of film production an infraction punishable by a fine of at least $50, but not more than $100, for the first offense, and at least $500, but not more than $1,000, for each subsequent offense. (Died in Senate Criminal Procedure Committee) SB 403 (Haynes-R) - Harmful Matter: Adults Only Sections of Business Establishments Requires business establishments that display any form of pornographic material that meets the statutory definition of "harmful matter" to place such material in a separate "Adults Only" section, and provides for a fine of $100 per day of violation. (Died in Senate Judiciary Committee) SB 522 (Boatwright-D) - Death Penalty Makes various changes in existing law related to imposition of the death penalty. (Died in Senate Criminal Procedure Committee) SB 580 (Wright-R) - Parole: Restitution Authorizes the Department of Corrections to contract with the Franchise Tax Board or a private debt collection agency for purposes of collecting restitution payments on behalf of victims. Requires the department to develop, by January 1, 1998, an implementation plan for the collection and disbursement of victim restitution orders that are imposed as a condition of parole. Chapter 705, Statutes of 1996 SB 623 (Peace-D) - Theft of Cable Television Signals Increases penalties for the manufacture and sale of unauthorized devices designed to de-scramble cable or other multi-channel video information service signals. Punishes a person who distributes instructions or plans designed in whole or in part to decrypt, decode, or de-scramble a cable signal by imprisonment and or a fine. Chapter 1131, Statutes of 1996 SB 649 (Costa-D) - Water Discharge Exempts from prosecution a discharge or release that is expressly authorized by a permit, license, or waiver issued by the State Water Resources Control Board or regional water quality board(s). Exempts all federally permitted or licensed projects where the state has issued a water quality certification. Changes and increases the burden of proof required that a court must consider before issuing an injunction against polluters. Establishes a new affirmative defense for public and private actions that threaten to pollute waters of the state. Chapter 1122, Statutes of 1996 SB 769 (Lockyer-D) - Sentencing Abolishes the various existing determinate sentences and establish 6 sentencing triads, designated by letter: Schedule Range in Years Presumptive Term A 5-8-11 8 B 3-6-9 6 C 3-5-7 5 D 3-4-6 4 E 2-3-4 3 F 16 mo. - 2-3 2 (Died in Assembly Public Safety Committee) SB 874 (Calderon-D) - Death Penalty: Office of Postconviction Counsel Creates the Office of Postconviction Counsel to represent any indigent person convicted and sentenced to death in this state, as specified. Declares the intent of the Legislature in this regard. Appropriates $2,000,000 from the General Fund for the 1996-97 fiscal year for the purpose of implementing the provisions. (Died on Senate Floor) SB 1075 (Costa-D) - Crimes: Forcible Entry: Assault and Battery Provides that every person who unlawfully and forcibly enters an inhabited dwelling house, a vessel which is inhabited and designed for habitation, an inhabited floating home, a trailer coach which is inhabited, or the inhabited portion of any other building, with intent to commit assault or battery, shall be punished by imprisonment in the county jail not exceeding 1 year or in the state prison for 16 months, or 2 or 3 years. (Died in Senate Criminal Procedure Committee) SB 1111 (Ayala-D) - Abandoned Vehicles: Lienholder Makes the last registered owner of a vehicle guilty of an infraction if that owner does not redeem the vehicle after its impoundment for being abandoned on public or private property without consent. An owner's civil and criminal liability would end upon the sale or transfer of the vehicle. Chapter 676, Statutes of 1996 SB 1231 (Lewis-R) - Sentencing: Credit: Murderers Provides that all persons convicted of murder are ineligible for sentence credit. States that any person who is convicted of murder shall not accrue any sentence credit. Provides that the provisions shall become effective only when submitted to, and approved by, the voters, and that the other provisions of the bill shall become operative only if that provision is adopted by the voters. Chapter 598, Statutes of 1996 SB 1312 (Peace-D) - Crimes: Shoplifting Authorizes a merchant to release a detained person suspected of shoplifting in lieu of delivering him or her to a peace officer if the merchant first complies with specified procedures to identify the person and to obtain any related evidence. (Died in Senate Criminal Procedure Committee) SB 1376 (Peace-D) - Murder: Punishment Includes within the enumeration of special circumstances an intentional murder in which the defendant with premeditation and deliberation, intentionally killed the victim and at that time of committing the murder, also, with premeditation and deliberation, attempted to murder 2 or more persons in addition to the victim of the murder, and in committing those attempts actually inflicted great bodily injury on 2 or more persons besides the victim of the murder. (Died in Senate Criminal Procedure Committee) SB 1379 (Peace-D) - Arrest Warrants Provides that a search warrant may be issued to search for a person when there is a warrant to arrest a person. Authorizes a peace officer to make a warrantless arrest if he or she has reasonable cause to believe that a person has been driving under the influence of alcohol, drugs, or both, and the person, unless immediately arrested, will not be apprehended, may injure himself or herself or damage property, or may destroy or conceal evidence of the crime. Chapter 1078, Statutes of 1996 SB 1404 (Ayala-D) - Crime: Murder: Child Under 14 Includes within the enumeration of special circumstances, a murder where the victim was a child under the age of 14 years, and the defendant knew or should have known that the victim was under the age of 14 years. (Died in Senate Criminal Procedure Committee) SB 1406 (Ayala-D) - Sentencing: Concurrent Terms of Imprisonment Requires the terms of imprisonment for the second and subsequent offenses to run consecutively, thereby eliminating discretion to impose concurrent terms of imprisonment. (Died in Senate Criminal Procedure Committee) SB 1408 (Ayala-D) - Prohibition of Probation Prohibits probation in the case of unintentional as well as intentional infliction of great bodily injury. (Died in Senate Criminal Procedure Committee) SB 1444 (Solis-D) - Domestic Violence Makes numerous changes to existing law relative to domestic violence and sexual assault and adds the offense of spousal rape to various provisions which currently reference specified sexual offenses, including rape. Chapter 1075, Statutes of 1996 SB 1464 (Johannessen-R) - Crimes: Elder and Dependent Adult Abuse Increases the penalty for a person who is a caretaker and creates new crimes by providing that it is a crime, punishable by imprisonment in the state prison for 15 years to life, for any caretaker of an elder or dependent adult, under circumstances or conditions likely to produce great bodily harm or death, to willfully cause or permit the elder or dependent adult to suffer, or to inflict thereon unjustifiable physical pain or mental suffering, or to willfully cause or permit the person or health of the elder or dependent adult to be injured or endangered, resulting in the death of the elder or dependent adult. Provides that a person convicted of this crime may not be committed to any correctional facility other than state prison, may not be granted probation, and may not have the execution or imposition of his or her sentence suspended. (Failed passage in Senate Criminal Procedure Committee) SB 1468 (Johannessen-R) - Parole: Location Provides that an inmate who was convicted of a sex offense shall be paroled to the county where he or she committed that offense, unless the victim lives in that county and objects to the parolee being released to that county. (Died in Senate Criminal Procedure Committee) SB 1502 (Kopp-I) - Income and Corporation Tax Laws: Violations and Litigation Costs Amends the existing misdemeanor statute for illegally, knowingly obtaining a state income tax refund by making the statute a "wobbler" which can be prosecuted as either a misdemeanor or a felony. Increases the maximum criminal fine for fraudulently filing a state income tax return from $20,000 to $50,000 (for a person) and from $100,000 to $200,000 for false filing by banks and corporations. Amends an existing "wobbler" and an existing felony statute in the Administration of Franchise and Income Tax Laws to provide that costs of both investigation and prosecution are to be recovered from the taxpayer. Clarifies that taxpayers must exhaust all administrative remedies, including the filing of an appeal before the State Board of Equalization, to be eligible for a judicial award of reasonable attorney's fees and litigation costs. Changes from $25 to $35 the maximum amount which can be collected by a district attorney for the collection and processing of a bad check. Chapter 996, Statutes of 1996 SB 1533 (Calderon-D) - Death Penalty: Office of Postconviction Counsel Creates the Office of Postconviction Counsel to represent any indigent person convicted and sentenced to death in this state, as specified. Appropriates $2 million from the General Fund for the 1996-97 fiscal year for the purpose of implementing the provisions. (Died in Senate Appropriations Committee pursuant to Senate Rule 29.10.) SB 1555 (Hayden-D) - Sperm, Ova, or Embryos: Use and Implantation Without Authorization Makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider's signature on a written consent form, or to implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. Chapter 865, Statutes of 1996 SB 1558 (Marks-D) - Counterfeit Computer Software: Forfeiture Includes within the specified list of crimes to which the criminal profiteering activity forfeiture provisions apply, offenses relating to the counterfeit of a registered mark and offenses relating to the unauthorized access to computers, computer systems, and computer data. Chapter 861, Statutes of 1996 SB 1583 (Calderon-D) - Defamation: Punishment Provides that a person who makes a malicious false defamatory statement of fact to another person with knowledge that the other person may, for financial profit, publish, broadcast, or otherwise disseminate the malicious false defamatory statement of fact, as defined, to the general public, and who receives compensation for making the statement, is guilty of the offense of criminal defamation, punishable as a misdemeanor. Makes it a misdemeanor to engage in, for financial profit, a pattern or practice of making payments, or of directing others to make payments, in exchange for the right to publish, broadcast, or otherwise disseminate malicious false defamatory statements of fact and to in fact cause, or direct others to cause, those statements to be published, broadcast, or otherwise disseminated to the general public, as provided. (Refused passage on Assembly Floor) SB 1617 (Craven-R) - Political Reform Act: Causing a Violation: Aiding and Abetting Makes the Political Reform Act's (PRA) civil and criminal penalties applicable to all individuals who purposely or negligently cause another person to violate the PRA or who aids and abets another person in a violation. (Failed passage in Senate Criminal Procedure Committee) SB 1625 (Ayala-D) - Crimes: Aggravated Home Invasion: Punishment Provides that first degree robbery perpetrated in an inhabited dwelling, with the use of a firearm and resulting in great bodily injury, is aggravated home invasion which shall be punished by imprisonment in the state prison for 15 years to life. (Died in Senate Criminal Procedure Committee) SB 1651 (Thompson-D) - Boating Safety Adds a definition of personal watercraft to the Harbors and Navigation Code and makes specified actions and operations involving such vessels a misdemeanor. Vetoed by the Governor SB 1696 (Kopp-I) - Crimes: Graffiti: Aerosol Containers Prohibits any person, firm, or corporation from selling, offering to sell, giving, or in any way furnishing to another person any portable aerosol container of paint, and prohibits any person, unless he or she possesses a specified exemption, from possessing any aerosol container of paint while on the private property of another or in any public place. Prohibits any person from tampering with, altering, converting, or in any manner modifying an aerosol container of paint or its attachments or appurtenances so that it may be operated without a permanent power source. Authorizes a county to exempt any business enterprise, multiple business enterprises from a single industry, or governmental entity from these prohibitions, under specified conditions. Requires manufacturers and distributors that sell or offer to sell portable aerosol containers of paint also to make available for retail sale during the 1999 calendar year spray paint cans that are operated only by use of a permanent power source. Provides that the provisions described shall apply only to specified counties and becomes operative on January 1, 2000. (Died in Senate Appropriations Committee) SB 1698 (Haynes-R) - Arson Adds arson of a church, temple, synagogue, or other place of worship to the list of acts or circumstances for which a person may be found guilty of aggravated arson, punishable by imprisonment in the state prison for 10 years to life. (Died in Senate Criminal Procedure Committee on a Senate Rule 29.10 violation) SB 1715 (Marks-D) - Crimes Prohibits the possession and sale of a switchblade knife having a blade 2 or more inches in length. (Failed passage in Assembly Public Safety Committee) SB 1716 (Marks-D) - Sentencing Clarifies the existing statute restricting maximum worktime credit for violent felons to 5%. (Failed passage in Assembly Public Safety Committee) SB 1820 (Marks-D) - Prostitution Repeals mandatory minimum terms of imprisonment for repeat prostitution offenses. (Died on Senate Inactive File) SB 1825 (Hurtt-R) - Bribery Increases penalties in the law concerning bribing judicial officials and jurors. (Failed passage in Senate Criminal Procedure Committee) SB 1849 (Kelley-R) - Crimes: Tobacco Products: Minors: Penalty Provides that every person under the age of 18 years who purchases, receives, or possesses any tobacco product or any such paraphernalia shall be punished upon conviction by a fine of $75 or 30 hours of community service work. By expanding the scope of, and increasing the penalty for, a crime, the bill imposes a state-mandated local program. Double-joined with AB 2188 in this section. Chapter 1166, Statutes of 1996 SB 1881 (Rogers-R) - Power of Arrest: Federal Employees Generally prohibits any federal employee from making an arrest, search, or seizure without first requesting and obtaining the permission of the local law enforcement officer. Makes the actual or attempted arrest, search, or seizure by a federal employee who has not obtained permission a crime of kidnapping, trespass, or theft, and requires the district attorney to prosecute the federal employee for the appropriate criminal offense. Declares that any federal law that attempts to give federal employees the authority of a chief law enforcement officer of a county or city and county in this state is invalid. (Died in Senate Criminal Procedure Committee) SB 1992 (Calderon-D) - Criminal Gang Activity: Forfeiture Revises the definition of criminal profiteering activity so as to include in that definition any person convicted of engaging in a pattern of criminal gang activity, as defined, thereby making that person's assets also subject to forfeiture under the above act. Chapter 844, Statutes of 1996 SB 1999 (Haynes-R) - Partial-Birth Abortion: Ban Prohibits a person from knowingly performing or attempting to perform a partial-birth abortion, as defined. Grants to the woman upon whom the partial-birth abortion is performed, the father of the fetus, and the maternal grandparents of the fetus, a cause of action against a person who violates that prohibition. Provides that a person who violates the prohibition is guilty of a felony. Provides for an affirmative defense if the abortion was performed by a physician who reasonably believed that abortion was necessary to save the life of the mother and that no other procedure would suffice for the purpose. Provides that a woman upon whom a partial-birth abortion is performed is not guilty of violation of the prohibition. (Died in Senate Health and Human Services Committee) SB 2051 (Calderon-D) - Crimes: Defamation Provides that a person who makes a malicious false defamatory statement of fact to another person with knowledge that the other person may publish, broadcast, or otherwise disseminate the malicious false defamatory statement of fact, as defined, is guilty of the offense of criminal defamation, punishable as a misdemeanor. Makes it a misdemeanor to engage in a pattern or practice of making payments, or of directing others to make payments, in exchange for the right to publish, broadcast, or otherwise disseminate malicious false defamatory statements of fact and to in fact cause, or direct others to cause, those statements to be published, broadcast, or otherwise disseminated, as provided. (Died in Senate Judiciary Committee) SB 2080 (O'Connell-D) - Childhood Lead Poisoning Prevention Enacts the Comprehensive Childhood Lead Poisoning Prevention Act of 1996, which makes numerous findings, including that California lacks a comprehensive approach to lead hazard evaluation and control and that there is no consistent guidance for property owners, tenants, contractors, lenders, realtors, and insurers on how to evaluate and control lead hazards effectively. Provides for civil and criminal liability of owners of dwellings and others for failure to comply with specified enforcement orders issued either by local agencies or the department, and for the violations of the substantive provisions of the act. (Refused passage in Assembly Appropriations Committee) SB 2089 (Marks-D) - Three Strikes Requires that the current felony in a "two strike" or "three strike" case be a serious or violent felony. (Died on Senate Inactive File) SB 2160 (Leslie-R) - Murder: Evidence of Domestic Violence Provides that to prove a murder was deliberate and premeditated, it shall be sufficient to show that the killing was preceded by a pattern of substantial domestic violence inflicted upon the victim. (Failed passage in Senate Criminal Procedure Committee) SB 2177* (Kopp-I) - Parole: Revocation Provides that the Board of Prison Terms (BPT), rather than the California Department of Corrections (CDC), has the authority to retain non-violent felons on parole after 2 years. Provides that BPT, rather than CDC, be responsible for review of all prisoner requests for reconsideration of denial of good-time credit and setting of parole length and conditions. Chapter 357, Statutes of 1996 AB 12 (Katz-D) - Sentencing: Credits Provides that any person convicted of a violent felony shall not be eligible to have forfeited credits restored. Provides that any person who is convicted of either a violent felony or a serious felony, as defined, shall accrue no more than 15% credit for worktime or good behavior. Specifies that the 15% limitation applies to the entire term of imprisonment. (Died in Senate Criminal Procedure Committee) AB 44 (Burton-D) - Crimes: Income Level Makes it a felony to intentionally and maliciously have a yearly income below the federally established poverty level. (Died in Assembly Public Safety Committee) AB 57 (Allen-R) - Schools: Loitering Prohibits a person from loitering, as defined, about any public or private school, or within 1,000 feet of a school during regular school hours, or before or after regular school hours under certain circumstances, or about any public place at or near which children attend or normally congregate. Increases the fine and imprisonment penalties if the person who is subject to this section is a member of a criminal street gang, as defined, or has previously been convicted of trespass or loitering crimes, as specified. (Died in Assembly Public Safety Committee) AB 75 (Morrow-R) - Unauthorized Entry Provides that the unauthorized entry into a public building that has been closed to the public, except as specified, is guilty of a misdemeanor. (Died in Assembly Public Safety Committee) AB 81 (Napolitano-D) - Undocumented Aliens: Intimidation Provides that all persons within the jurisdiction of the state have the right to be free from criminal intimidation on the basis of citizenship or legal residency in the United States. Provides that any person who induces or attempts to induce another person to work for below minimum wage, to work in unsafe or unlawful working conditions, or to purchase food, housing, transportation, clothing, tools, or any item for use in the workplace by threatening to report the person as an undocumented alien or threatening to have the person deported, is guilty of a misdemeanor. Vetoed by the Governor AB 83 (Napolitano-D) - Crimes: Undocumented Aliens Provides that any person who coerces or attempts to coerce another person to work for below minimum wage, to work in unsafe or unlawful working conditions, or to purchase food, housing, transportation, clothing, tools, or any item for use in the workplace, by threatening to report the person as an undocumented alien or threatening to have the person deported shall be punished by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than 1 year. (Died on Senate Inactive File) AB 118 (Conroy-R) - Public Utilities: Insurance Documents Makes it a misdemeanor or felony to file fictitious insurance documents. (Died On Assembly Inactive File) AB 126* (Rainey-R) - Sentencing Provides that a felony is a crime which is punishable by imprisonment in a county jail for more than 1 year but less than 3 years. Specifies that any person convicted and sentenced for a felony shall be punished by imprisonment in a county jail if specified conditions apply, including that the county in which the offender is incarcerated has agreed to be subject to this provision by adoption of a resolution of the board of supervisors, the county has a contract with the Department of Corrections, and the sheriff of the county has agreed to accept custody of the offender. Permits a commitment to a county jail in excess of 1 year for the purposes of this provision. Provides that any person convicted of a misdemeanor who has been under the custody of the County Correctional Administrator shall have all days of that custody credited upon his or her term of imprisonment. Requires the Department of Corrections to reimburse counties for all costs resulting from the incarceration of felons who are committed to a jail or local correctional facility. (Died in Conference Committee) AB 186 (Vasconcellos-D) - Task Force on Adult Consenting Conduct Creates in state government the California Task Force on Adult Consenting Conduct for the purpose of objectively studying and reporting to the Legislature and Governor recommendations regarding the effectiveness, costs, and success of existing law that provides punishment for adult consenting conduct. (Failed passage in Assembly Public Safety Committee) AB 278 (Allen-R) - Harmful Matter Applies existing requirements relative to the sale, rental, distribution of harmful matter to include the distribution of all harmful matter. (Died in Assembly Public Safety Committee) AB 291 (Johnson-R) - Pretrial Release Registers Requires each pretrial release agency, as defined, to prepare a register that displays specified case information regarding all defendants who are released on their own recognizance through that agency. Requires the clerk of the court of each judicial district to prepare a register that displays similar specified information regarding each criminal defendant released on a surety or cash bond through that court. Those registers would be required to be placed in the clerk's office, updated quarterly, and readily available to the public. Requires each pretrial release agency and clerk to report annually to the Judicial Council regarding, among other things, the total number of persons released by those entities and whether a bench warrant was issued after the release of any given defendant. (Failed passage in Senate Criminal Procedure Committee) AB 295 (Baldwin-R) - Pornography Amends the child pornography laws to include depictions on computer media. Requires commercial film processors to report to law enforcement agencies if they observe a photograph sexually depicting a person under the age of 16, rather than under the age of 14 as in present law. Chapter 1080, Statutes of 1996 AB 300 (Rainey-R) - Sentencing: Time Credits Requires that the oral statement required relative to work time credits include a calculation that shall be considered only an estimate of the minimum term of imprisonment that the inmate could serve based upon any reduction in the sentence imposed by the court due to the award of conduct or worktime credits. (Failed passage in Senate Criminal Procedure Committee) AB 343 (Hoge-R) - Crimes: Restitution Authorizes the court to modify the time and manner of the term of probation for purposes of measuring the timely payment of restitution obligations or the good conduct and reform of the defendant while on probation. Prohibits the court from modifying the dollar amount of the restitution obligations, except as specified, and prohibits the court from limiting the ability of the payees to enforce the obligations in the manner of judgments in civil actions. Requires parents and guardians to be advised that if the minor is ordered to pay fines or penalty assessments, the parent or guardian additionally may be liable for the payment of those fines or penalty assessments. (Failed passage in Assembly Public Safety Committee) AB 380 (Boland-R) - Sexual Offenses: AIDS Provides that a defendant, having knowledge that he or she has AIDS or carries antibodies of the human immunodeficiency virus (HIV) at the time of the commission of specified offenses, transfers blood, semen, saliva, or any other bodily fluid identified by specified authority as capable of transmitting HIV to the victim under 2 or more specified circumstances shall be punished by imprisonment for life in the state prison with a possibility of parole in not less than 25 years, and if 1 or more of those circumstances is present, with the possibility of parole in not less than 15 years. (Failed passage in Senate Criminal Procedure Committee) AB 491 (Aguiar-R) - Murder: Attempts Provides that if an attempted murder of a peace officer or firefighter is willful, deliberate, and premeditated, the person guilty of the attempt shall be punished by imprisonment in the state prison for life without the possibility of parole for 15 years. (Died in Senate Appropriations Committee) AB 547 (Alpert-D) - Crimes: Adoption, Workers' Compensation, Cable Television, Offenses Against Dependent Adults Makes it a crime for a caretaker to commit a lewd or lascivious act on a dependent adult, as defined. Increases the punishment for adoption fraud from a misdemeanor to an alternative felony/misdemeanor. Creates a new alternative felony/misdemeanor for misrepresenting the existence of coverage for workers' compensation. Provides that the penalty for providing false or fraudulent information in specified workers' compensation cases is a "wobbler" for anyone who knew, or should be reasonable expected to have known, of the obligation to secure the payment of compensation. Revises penal and civil statutes relative to theft of cable signals. (Died in Assembly Public Safety Committee) AB 587* (Rainey-R) - Crimes: Sentencing: Minors Provides that a prosecutor may charge prior felony convictions in the indictment or information for the purpose of sentence enhancements or for purposes of determining a sentence under specified alternative sentencing provisions, without pleading or proving the prior felony convictions at a preliminary examination or in a grand jury proceeding. Provides that a person charged with a specified felony drug offense, who has a prior conviction of a serious or violent felony, as defined, would be ineligible for referral to a drug diversion program. (Died in Senate Criminal Procedure Committee) AB 588 (Rainey-R) - Crimes: Assault: Battery: Public Transportation Repeals and recasts the assault offense against transportation operators and adds a battery offense to apply to situations where these offenses are committed against any person on the property of, or in a motor vehicle of, a public transportation provider, as defined. Chapter 423, Statutes of 1996 AB 589 (Rainey-R) - Parole Provides that a parole violator be subject to imprisonment for the greater of the behavior credits he or she earned in prison or up to 5 years. Adds various crimes to the list of crimes for which good time/work time credit cannot be earned by prison inmates while they are in custody for a parole violation. Provides that the Board of Prison Terms, rather than the Department of Corrections, have authority to retain non-violent felons on parole after 1 year and retain violent felons on parole after 2 years. (Failed passage in Senate Criminal Procedure Committee) AB 593 (Boland-R) - Crimes Against Social Workers Increases penalties for assaults, as specified, upon social workers and child abuse investigators. (Died in Senate Appropriations Committee) AB 599 (Knox-D) - Sentencing: Indeterminate Terms of Imprisonment Recasts the determinate sentencing law to provide that the term imposed by the court under the determinate sentencing law shall represent the minimum period of imprisonment, not including reductions for worktime credit. Provides that the maximum period for which a defendant can be imprisoned shall be the highest term of the 3 specified terms. (Died in Assembly Public Safety Committee) AB 608 (Bates-D) - Diversion Programs Provides for the diversion of nonviolent misdemeanor offenders charged with a drug offense and offenders charged with any 1 of enumerated nonserious nonviolent felonies related to drug abuse, if the district attorney approves of diversion in the specific case. Provides that a defendant is eligible for diversion if the defendant has no prior felony conviction involving violence or threatened violence, within 5 years of the commission of the present offense. Authorizes a judge to order drug testing as part of any treatment program administered pursuant to diversion. (Died in Assembly Public Safety Committee) AB 675 (Poochigian-R) - Corporate Criminal Liability Revises and recasts provisions of existing law pertaining to corporate criminal liability and redefines the term used. (Died in Senate Criminal Procedure Committee) AB 695 (Napolitano-D) - Hate Crimes Adds to the list of protected classes of persons, for the purposes of hate crime laws, immigration status and homelessness. Provides that conspiring to commit a hate crime be punished the same as committing a hate crime. Increases the maximum fine for specified hate crime misdemeanors from $5,000 to $10,000. Increases the fine under Penal Code Section 422.7 from $10,000 to $20,000. (Died in Assembly Public Safety Committee) AB 705 (Aguiar-R) - Judgments: Criminal Penalty Establishes a pilot project, operative until January 1, 2001, authorizing San Bernardino County to implement a criminal penalty program by resolution of the board of supervisors. Requires the court, upon adoption of a resolution by the board, to impose a criminal penalty in the amount of $10,000 on every person convicted of a felony, and $2,500 for each misdemeanor conviction in order to support the law enforcement, prosecution, and judicial expenses necessitated by the criminal conduct resulting in these convictions. Establishes a formula and procedure for distributing the proceeds from these penalties among the arresting agency, the county, and the state. (Died in Senate Criminal Procedure Committee) AB 720 (Speier-D) - Domestic Violence: Punishment Requires the court to issue, in writing, any applicable restraining orders in domestic violence cases. Adds a noncohabiting former spouse, fiancee, or a person with whom the defendant currently has, or previously had, a dating relationship, to the list of victims to which that provision would apply. Requires a defendant accused of a domestic violence offense to be personally present in court for his or her arraignment. Authorizes a magistrate or commissioner to set bail in an amount that he or she deems sufficient to assure the protection of a victim, or family member of a victim, of domestic violence, for a person who has been arrested for the misdemeanor offense of violating a domestic violence restraining order. (Died in Senate Appropriations Committee) AB 761 (House-R) - Sex Crimes Expands existing law which provides that it is a crime to perform specific acts with a minor to include making substantial physical contact with a minor by an adult. (Died in Assembly Public Safety Committee) AB 776 (Aguiar-R) - Crime: Obscene Matter Redefines "obscene matter and live conduct" to include matter or conduct which, to the average person applying contemporary community standards, depicts or describes sexual conduct in a patently offensive way. (Failed passage in Assembly Public Safety Committee) AB 871 (Baldwin-R) - Crimes: Obscenity Provides that it is a wobbler for a person to knowingly send or cause to be sent, or bring or cause to be brought, into this state for sale or distribution, or in this state from possessing, preparing, publishing, producing, developing, duplicating, or printing, with intent to distribute or to exhibit to, or to exchange with, a person under 18 years of age, or from offering to distribute, distributing, or exhibiting to, or exchanging with, a person under 18 years of age any matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct. (Died in Senate Judiciary Committee) AB 881 (Rogan-R) - Prisoners: Vexatious Litigants Requires the Department of Corrections to deny or take away 30 days of work time credit if a prisoner is found by a court to be a vexatious litigant, as defined. Chapter 852, Statutes of 1996 AB 893 (Rogan-R) - Probation: Ineligibility Adds a person convicted of a violent felony or serious felony who was on probation for a felony offense at the time of the commission of the new offense to the list of persons ineligible for probation. Chapter 719, Statutes of 1996 AB 918 (Cunneen-R) - Sentencing Amends existing law relative to enhancements on violent felonies. (Died in Senate Appropriations Committee) AB 966 (Ducheny-D) - Drug Offenses: School Zones Provides for an additional 1-year enhancement for anyone who induces the use of marijuana on a person 14 years of age or younger, and that crime occurred within 1000 feet of a school. (Died in Senate Appropriations Committee) AB 1012 (Machado-D) - Crimes Against Pupils: Sentencing Provides that when a person is convicted of a specified felony sex offense, and that felony was committed within a safe school zone against a victim who was a pupil currently attending school, this fact shall be considered a circumstance in aggravation in imposing a term under this provision. Chapter 689, Statutes of 1996 AB 1015 (W. Murray-D) - Crimes: Conductive Tools: Unlawful Sale or Use Makes the manufacture, import with intent to sell, or sale of any conductive, long-handled handheld tool an infraction punishable by a fine not to exceed $100, thereby imposing a state- mandated local program by creating a new crime. The prohibition against the sale of this tool would become operative on January 1, 1997. (Died in Assembly Public Safety Committee) AB 1018 (Rainey-R) - Sentencing Limits worktime credits to 15% of the total term of imprisonment imposed. Allows the prosecuting attorney to decline to plead a prior felony conviction under specified circumstances. (Died in Senate Criminal Procedure Committee) AB 1036 (Vasconcellos-D) - Sentencing Commission Establishes a 16-member California Sentencing Commission for the purpose of devising sentencing guidelines. (Died in Assembly Public Safety Committee) AB 1037 (Vasconcellos-D) - Petit Theft Provides that no person who is convicted of petit theft shall be sent to the state prison unless the individual has previously been convicted of a violent or serious felony. Establishes a 16-member California Sentencing Commission to devise sentencing guidelines. Authorizes each county to form a sentencing commission to establish sentencing guidelines for county jails' use in sentencing for misdemeanors. Excludes the burglary of an inhabited dwelling house from those crimes receiving sentence enhancements. (Failed passage in Assembly Public Safety Committee) AB 1078 (Archie-Hudson-D) - Domestic Violence Makes it unlawful for any person or entity to disclose the location of a domestic violence shelter unless authorized by the administrator of the shelter or by court order. Provides that violation of this section is a misdemeanor. Provides that where service or notice of protective orders is required to be made by the petitioner on the respondent pursuant to the act, the petitioner may serve the respondent's attorney if the respondent has an attorney of record. Provides that where the respondent's address is unknown and the respondent does not have an attorney of record, upon request, the local law enforcement agency responsible for service of process shall attempt to locate and serve the respondent, using all available resources. (Died in Assembly Public Safety Committee) AB 1132 (Caldera-D) - Homicide Deletes homicides committed in the heat of passion from circumstances under which homicide is excusable. (Died in Assembly Public Safety Committee) AB 1137 (Baldwin-R) - Manslaughter Authorizes imposition of a full, separate, and consecutive term for each voluntary manslaughter offense, whether or not the offenses were committed during a single transaction. Chapter 421, Statutes of 1996 AB 1200 (Morrissey-R) - Nudity Makes it a misdemeanor for a person to knowingly and intentionally expose his or her private parts, or devices simulating private parts, in public, as provided, with specified exceptions. Specifies that neither its provisions nor the Penal Code shall prohibit local governmental entities from licensing, regulating, or restricting the location of art schools, figure modeling studios, or establishments devoted to theatrical performances. (Failed passage in Assembly Public Safety Committee) AB 1205 (Morrissey-R) - Crimes Against Seniors: Theft: Embezzlement: Extortion Provides that upon conviction of a felony violation of the laws proscribing theft, embezzlement, or extortion, the fact that the victim was an elder or dependent adult shall be considered a circumstance in aggravation when imposing the term of imprisonment. Chapter 788, Statutes of 1996 AB 1221 (Pringle-R) - Animals: Equines Provides that it shall be the duty of any officer of a pound, humane society, or animal regulation department of a public agency to assist in any case involving the abandonment or voluntary relinquishment of an equine by the equine's owner, and that if a pound, humane society, or animal regulation department sells an abandoned or voluntarily relinquished equine at a private or public auction or sale, it shall set the minimum bid for the sale of the equine at a price above the current slaughter price of the equine. Requires that a person adopting an equine, as specified, submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter. Chapter 804, Statutes of 1996 AB 1295 (Sher-D) - Hate Crimes Provides that, except as specified, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in the state prison or in a county jail, by a fine not to exceed $10,000, or by both that fine and imprisonment, if the crime is committed against the other person because of the other person' s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation. (Died in Assembly Public Safety Committee) AB 1387 (Brulte-R) - Records: Criminal Convictions Enacts the Criminal Convictions Record Act, authorizing a court to take judicial notice of enumerated computer-generated court records specified by the Judicial Council which relate to criminal convictions, if certified by the clerk of the recording court; requires clerks prospectively certify and submit these records for entry into a computer system operated by the Department of Justice that can be accessed by authorized agents of a district attorney or other state prosecuting agency, as specified; and authorizes the admission in evidence of these records to prove specified facts. Chapter 642, Statutes of 1996 AB 1399 (W. Brown-D) - Corporate Crimes Provides for sentence enhancements on corporate criminal offenses. (Died in Assembly Public Safety Committee) AB 1444 (Kuehl-D) - Prior Convictions Amends existing law dealing with sentencing of individuals being sentenced for a violent or serious felony who have 1 or more prior violent or serious felony convictions. (Failed passage in Assembly Public Safety Committee) AB 1490 (Caldera-D) - Unlawful Sexual Intercourse: Civil Penalties Makes liable for civil penalties an adult who engages in an act of unlawful sexual intercourse with a minor in violation of these provisions. Chapter 789, Statutes of 1996 AB 1568 (Thompson-R) - Vehicle Theft Provides that the theft of an automobile is exclusively a felony. (Died in Assembly Public Safety Committee) AB 1605 (Boland-R) - Carjacking: Attempt Provides that every person who attempts a carjacking is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 4, or 6 years. (Died in Senate Appropriations Committee) AB 1652 (Escutia-D) - Statutory Rape Provides that any person over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor who is under 16 and who previously has been convicted of any specified sex offense, is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 3, or 4 years. (Died in Senate Criminal Procedure Committee) AB 1674 (Takasugi-R) - Controlled Substances Expands the list of controlled substances that if found in the possession of a defendant, that defendant would not be granted probation. (Died in Assembly Public Safety Committee) AB 1734 (Frusetta-R) - Obscene Matter Amends specified child pornography statutes to expressly apply to depictions on computer discs and various other forms of visual depiction. Double-joined with AB 295 in this section. Chapter 1079, Statutes of 1996 AB 1764 (Cunneen-R) - Sentencing: Enhancements and Aggravations: Minors and Pregnant Women Provides for (1) a 1-year enhancement for specified felony domestic violence offenses where the offense occurred in the presence of, or was witnessed by, a minor, and (2) a mandatory jail term of at least 60 days, if the domestic violence offense committed under these circumstances is a misdemeanor, and an additional 60-day mandatory jail term if the misdemeanor currently requires a mandatory jail term. (Died in Senate Appropriations Committee) AB 1772 (Hawkins-R) - Counterfeit Seals Provides that every person who sells, furnishes, gives away, transports, or imports into this state, any forged or counterfeited seal or impression, as specified, or offers to do any of these acts, and who knows or reasonably should know that the seal or impression is intended to be used for the fraudulent purpose of concealing the true citizenship or resident alien status of another person shall be punished by imprisonment in a county jail for no more than 1 year or by imprisonment in the state prison for 2, 3, or 4 years. (Died in Assembly Public Safety Committee) AB 1779 (Brewer-R) - Robbery Increases the penalties for specified robbery convictions. (Died in Assembly Public Safety Committee) AB 1780 (Setencich-R) - Fraud Provides that every person who, with the intent to defraud, forges or counterfeits, among other things, any public seal authorized or recognized by the laws of this or any other state, government, or country, including, but not limited to, any seal that appears on any document issued by any city or county of any state, this or any other state, or the federal government, and purports to be, or that could reasonably deceive an ordinary person into believing that it is, a government-issued document, including, but not limited to, an identification card, driver's license, birth certificate, passport, or social security card, is guilty of forgery. (Died in Assembly Public Safety Committee) AB 1809 (Knox-D) - Sentencing: Term Credit Reduction: Parole Requires the Department of Corrections to inform every prisoner, sentenced as specified, that any reduction of time earned for worktime credits is subject to suspension if he or she violates the conditions of parole and the violation results in revocation of parole. Requires the prisoner, upon return to prison, to serve a term of up to 2 years or the amount of time reduced from his or her original sentence because of worktime credit, whichever is greater. (Failed passage in Senate Criminal Procedure Committee) AB 1881 (Machado-D) - Crimes: Obscenity Increases the punishment prescribed for various offenses relating to obscene matter depicting or involving the use of minors. (Sent to Assembly Public Safety Committee pursuant to Assembly Rule 77.2 violation; died in committee) AB 1952 (Baldwin-R) - Crimes: Minors Provides that a person under the age of 18 who violates the prohibition against the possession of marijuana at school is subject, for a first offense, to several specified conditions, including drug counseling, drug testing, community service, and restriction of the privilege to drive. Upon a subsequent violation, subjects the person to additional community service, a fine of not more than $350, or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days. (Failed passage in Senate Criminal Procedure Committee) AB 1992 (McDonald-D) - Sex Offenses: Corpses Makes it a felony to engage in sexual activity with a corpse. (Died in Assembly Public Safety Committee) AB 2001 (Goldsmith-R) - Crimes: Obstruction of Justice Provides that every person who removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer, is guilty of a felony and shall be punished by imprisonment in the state prison for 4, 6, or 8 years, or for an attempt of this offense, by imprisonment in the state prison for 2, 3, or 4 years. (Failed passage in Senate Criminal Procedure Committee) AB 2003 (Goldsmith-R) - Jurors: Peremptory Challenges: Criminal Revises existing provisions relative to a limit of 20 peremptory challenges to entitle each side to 20 peremptory challenges where the offense is punishable by death and 12 peremptory challenges where the offense is punishable by life imprisonment without the possibility of parole. Provides that each side is entitled to 6 peremptory challenges in a felony case and 3 peremptory challenges in a misdemeanor case, as specified. (Refused passage on Assembly Floor) AB 2004 (K. Murray-D) - Arson: Places of Worship Adds factors for aggravating damage to or destruction of any church, temple, synagogue, or other place of worship by means of arson. (Died in Senate Criminal Procedure Committee) AB 2010 (Goldsmith-R) - Sentencing Eliminates twice the base term limitation on the total time of imprisonment. Eliminates the 5- year limitation on non-violent subordinate terms. Eliminates the prohibition against adding enhancements on non-violent subordinate terms. Eliminates the limitation on enhancements for both weapons and injuries. Eliminates the prohibition against dual use of facts. (Failed passage in Senate Criminal Procedure Committee) AB 2051 (Alpert-D) - Disorderly Conduct Expands the misdemeanor of disorderly conduct to include looking through an opening or otherwise viewing an occupant who has a reasonable expectation of privacy (Peeping Tom). Double-joined with AB 2949 in this section. Chapter 1020, Statutes of 1996 AB 2053 (K. Murray-D) - Crimes: Money Laundering Expands the scope of the crime of money laundering. Chapter 809, Statutes of 1996 AB 2057 (K. Murray-D) - Crimes: Places of Worship Authorizes the Governor to offer a reward of not more than $100,000, payable out of the General Fund, for information leading to the arrest and conviction of a person who commits arson upon a place of worship. Chapter 419, Statutes of 1996 AB 2058 (W. Murray-D) - Sentencing: Enhancements Expands the definition of "violent felony" to add specified felony offenses, including, among others, all robbery, kidnapping, and carjacking offenses, and any felony where the defendant personally used a deadly or dangerous weapon. (Died in Assembly Appropriations Committee) AB 2069 (Tucker-D) - Crime: Penalty Assessments Provides instead that the county board of supervisors may require the courts to impose a specified assessment against criminal defendants who violate their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail, or who otherwise fail to comply with any valid court order. Chapter 578, Statutes of 1996 AB 2082 (Conroy-R) - Execution of the Death Penalty Provides that for persons sentenced to death the method of execution shall be by lethal injection when no election is made. Chapter 84, Statutes of 1996 AB 2085 (Rogan-R) - Crimes: Reporting: Firefighters Extends reporting requirements relative to treating a person with a wound from a firearm to firefighters who have received training in the identification and reporting of spousal abuse that is equivalent to the training received by health care practitioners. (Died in Senate Appropriations Committee) AB 2097* (Battin-R) - Career Criminals Adds several felonies to the list of felonies that subject a person to career criminal apprehension and prosecution efforts. Repeals the repeal date on the Career Criminal Apprehension Program, thereby extending indefinitely that program. Chapter 646, Statutes of 1996 AB 2111 (Rainey-R) - Crimes: Disorderly Conduct Provides for more severe punishment of persons who loiter on, or peep into, private property in order to photograph others without their consent. (Died on Assembly Inactive File) AB 2116 (Alby-R) - Domestic Violence Provides that a misdemeanor assault and battery in the context of domestic violence be subject to warrantless arrest where the offense occurs out of the presence of the arresting law enforcement officer. Chapter 131, Statutes of 1996 AB 2122* (Isenberg-D) - Sentencing: Prior Convictions: Three Strikes Specifies that, (1) for persons who commit a felony after the operative date of this bill, the total amount of credits earned during imprisonment in the state prison or in local correctional facilities shall be limited to 20% of the total term of imprisonment; (2) clarifies that these provisions apply unless other provisions of law would impose a longer sentence or a penalty of death; (3) provides that a prior felony conviction also includes a commitment to the California Youth Authority for a felony conviction; (4) provides that all references to specific code sections are to those code sections as they existed on June 30, 1993; and (5) authorizes the prosecutor, in the exercise of discretion, to decide not to charge 1 or more prior felony convictions. Requires a court, upon motion of the prosecuting attorney or on its own motion, to dismiss or strike a prior felony conviction allegation if it finds there is insufficient evidence or that it is in furtherance of justice. Prohibits a judge from striking or dismissing a prior felony conviction for purposes of the above statute if a determination of guilt for a violent or serious felony is pending in the present proceeding, or if the defendant pleads guilty or is convicted in the present proceeding of a serious or violent felony. (Died in Senate Criminal Procedure Committee) AB 2125 (Figueroa-D) - Female Genital Mutilation Requires the State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, to establish and implement appropriate education, preventative, and outreach activities, focusing on new immigrant populations that traditionally practice female genital mutilation. Provides that a person who commits a felony violation of the above provision by an act of female genital mutilation, as defined, shall be punished by an additional term of imprisonment in the state prison for 1 year, in addition and consecutive to any punishment prescribed by the above provision. Chapter 790, Statutes of 1996 AB 2132 (Rainey-R) - Emergencies: Live Broadcasts Makes liable for a civil penalty not to exceed $5,000 any person who continues a live broadcast of a law enforcement emergency incident after being ordered to stop the broadcast by the law enforcement agency in charge of the incident. Defines a law enforcement emergency incident as a temporary situation where officers are discharging or attempting to discharge their duties, a suspect is holding a hostage or is barricaded in a dwelling or other building, and a live broadcast of the situation could jeopardize the safety of persons involved or could prolong the incident. (Failed passage in Assembly Public Safety Committee) AB 2140* (Kuehl-D) - Crimes: Consumer Products: Prohibited Writings Makes it a misdemeanor to stamp, print, place, or insert any writing, as defined, in or on any product or box, package, or other container containing a consumer product offered for sale, without the consent of the owner or manager of the premises where the product is stored or sold, or of the product manufacturer or authorized distributor or retailer of the product. Chapter 140, Statutes of 1996 AB 2141 (Kuehl-D) - Kidnapping: Punishment Increases the punishment for any person who kidnaps another with the intent to commit rape, oral copulation, sodomy, or rape by instrument to imprisonment in the state prison for life with the possibility of parole. (Died in Assembly Public Safety Committee) AB 2144 (Goldsmith-R) - Murder and Manslaughter Changes the legal requirement that a person die within 3 years of the criminal act for the act to be considered murder or manslaughter to a rebuttable presumption that a death occurring beyond 3 years was not criminal. Chapter 580, Statutes of 1996 AB 2147 (Rainey-R) - Human Immunodeficiency Virus Provides that any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity, as defined, or sharing a hypodermic needle, as defined, when the infected person knows he or she is infected with HIV, has not disclosed certain information, and intends to infect the other person with HIV is instead guilty of a felony punishable by imprisonment for life with possibility of parole and shall not be eligible for probation. Provides that any person who exposes another to the human immunodeficiency virus by engaging in unprotected sexual activity, or sharing a hypodermic needle, when the infected person knows he or she is infected with HIV, and has not disclosed certain information, is guilty of a felony punishable by imprisonment in the state prison for 2, 3, or 4 years. Provides for enhanced punishment if it is alleged and proven that the defendant actually transmitted HIV to the victim. (Died in Senate Health and Human Services Committee) AB 2170 (Knox-D) - Domestic Violence: Arrests Requires law enforcement to detain persons arrested pursuant to domestic violence standards and policies, as specified. Chapter 851, Statutes of 1996 AB 2185 (Conroy-R) - Illegal Aliens: Incarceration in Other Countries Requires the California Attorney General to conduct a 2-year study commencing January 1, 1997, in consultation with the California Department of Corrections, the governments of other countries, and the United States Attorney General's office, to examine all possible ways to reduce the financial hardship of incarcerating illegal aliens accused and convicted of felonies in the State of California, including, but not limited to, the feasibility of constructing and maintaining men's prisons in other countries. (Died in Assembly Appropriations Committee) AB 2188 (Granlund-R) - Tobacco Sales to Minors Allows, until January 1, 2000, punishment for selling tobacco to a minor to be a infraction, increases the penalties of minors and includes possession of tobacco and redirects 1/2 of fine revenues from the General Fund to local tobacco education programs. Vetoed by the Governor AB 2191 (Cunneen-R) - Trade Secrets: Definition Conforms the Penal Code definition of "trade secret" to the Civil Code definition and that of the Uniform Trade Secrets Act. Chapter 121, Statutes of 1996 AB 2204 (Kuehl-D) - Crimes: Willful Harm or Endangerment of Child Provides that it is an affirmative defense to a prosecution under the willful harm or endangerment of child law that the defendant believed that acting to stop the abuse or endangerment would have resulted in substantial bodily harm to the defendant or the child and that belief was reasonable under the defendant's circumstances. (Failed passage in Assembly Public Safety Committee) AB 2224 (Kuehl-D) - Domestic Violence Expands the existing misdemeanor battery penalty applicable to non-cohabiting former spouses and others to apply to spouses, cohabitants and parents, as specified. Chapter 904, Statutes of 1996 AB 2231 (Kuehl-D) - Domestic Violence: Arrest Provides for an arrest without a warrant in specified domestic violence cases. Double-joined with AB 2116 in this section. Chapter 1140, Statutes of 1996 AB 2237 (W. Murray-D) - Cemeteries: Dead Bodies Provides that the applicable statute of limitations for prosecuting violations of the unlawful burial of more than 1 body in a grave or plot begin to run when the violation is discovered, rather than when the offense is committed. Chapter 371, Statutes of 1996 AB 2250 (Poochigian-R) - Firearms: Theft Enhances the penalty for first degree burglary by 3 years when the burglary involves theft of a firearm. Increases the penalty for commercial burglary that involves the theft of a firearm from a specified business to 5, 7, or 9 years. (Failed passage in Senate Criminal Procedure Committee) AB 2257 (Kuykendall-R) - Theft: Access Card Redefines the term "access card" for purposes of certain theft crimes. (Died on Assembly Inactive File) AB 2284 (Boland-R) - Parole Requires any inmate who is eligible for release on parole for an offense committed after January 1, 1997, to agree to a search or seizure at any time with or without a search warrant for good cause. Double-joined with SB 1231 in this section. Chapter 868, Statutes of 1996 AB 2289 (Woods-R) - Grand Theft: Walnut Burl Wood Provides that there be a rebuttable presumption that 1,000 pounds of burl wood from a walnut tree has a value exceeding $400 therefore making the theft of that amount of wood, grand theft. (Died in Conference Committee) AB 2294 (Sweeney-D) - Parole: Release Date Requires that for an inmate serving a prison term for a violent felony, notification to local law enforcement be 45 days prior to the inmate's scheduled release date, in all cases. Chapter 1103, Statutes of 1996 AB 2295 (Sweeney-D) - Graffiti Allows the court, in jurisdictions that have adopted a graffiti abatement program, to require that a person convicted of specified graffiti offenses, and his/her parents or guardians, keep the damaged property or another property free of graffiti for a specified period of time. Allows the court to authorize any person ordered to community service for graffiti to undergo counseling. Chapter 600, Statutes of 1996 AB 2327 (Hoge-R) - Parole: Sexually Violent Offenders Provides that a person who has been convicted of a sexually violent offense shall only be released on parole between the hours of 8 a.m. and 5 p.m. during weekdays, not including holidays. (Died in Senate Criminal Procedure Committee) AB 2328 (Hoge-R) - Parole: Victim Notification Provides for the notification of victims and local law enforcement relative to the pending release of specified violent felons. Double-joined with AB 2294 in this section. Chapter 885, Statutes of 1996 AB 2331 (Goldsmith-R) - Graffiti Requires the court to suspend for 1 year the drivers license of a person convicted of specified vandalism crimes, as specified. Double-joined with AB 2295 in this section. Chapter 918, Statutes of 1996 AB 2353 (Alpert-D) - Domestic Violence Authorizes the parole authority to impose upon parolees whose crimes were domestic violence- related to participate in batterer's programs, as specified. Chapter 983, Statutes of 1996 AB 2376 (Margett-R) - Probation Reports Provides that preparation of a felony presentence probation report be waived upon stipulation of the parties and consent of the court. Chapter 123, Statutes of 1996 AB 2382 (Kuehl-D) - Reporting Establishes the California Incident-Based Reporting System. (Died in Assembly Appropriations Committee) AB 2433 (Harvey-R) - Graffiti Doubles the existing community service penalties and fines for graffiti. Creates a new misdemeanor for "freeway graffiti." Double-joined with AB 2295 in this section. Chapter 847, Statutes of 1996 AB 2448 (Alpert-D) - Domestic Violence Authorizes the San Diego County Association of Governments to serve as the regional clearinghouse for domestic violence data, as specified, and contingent on funding, be required to collect and analyze specified data regarding domestic violence. Chapter 375, Statutes of 1996 AB 2482 (Pringle-R) - Amusement Parks: Self Policing Allows an amusement park operator to lawfully detain a person suspected of violating lawful park rules and to arrest that person for "interfering with a business" if, after being informed of the rules, that person refuses to leave or to comply with the rules. Chapter 731, Statutes of 1996 AB 2491 (Boland-R) - California Bail Agents Association Clarifies the term "arrest" for the purpose of statutes providing for exoneration of bail. Provides that appeal bonds be required only when an appeal is taken for the purpose of Penal Code Section 1308. Chapter 94, Statutes of 1996 AB 2510 (Boland-R) - Governmental Liability Provides that a person who is injured while working in a work- release program or in a court- ordered community service program in lieu of a criminal penalty be denied workers' compensation coverage unless the county authorizes those benefits. Provides that a person who is injured while working in a work-release program or in a court- ordered community service program in lieu of a criminal penalty be barred from suing for any injury suffered on the "job" unless the injury was caused by another's gross negligence. (Died in Senate Judiciary Committee) AB 2578 (Bordonaro-R) - Criminal Labs Provides that counties contracting with the Department of Justice for their criminal lab processing shall be required to deposit $50 or any portion thereof, collected from specified drug offenders into the county criminalistics laboratories fund. (Died in Assembly Public Safety Committee) AB 2579 (Baugh-R) - Live Nude Entertainment at Sexually Oriented Businesses: Local Ordinances Makes specified findings and declarations concerning the need for regulation of live nude entertainment in adult or sexually oriented businesses. (Died in Senate Judiciary Committee) AB 2588 (Morrow-R) - Clinical Laboratory Services Revises the clinical laboratory itemized disclosure requirements to patients and the penalty for a first offense for violations under specified circumstances. Chapter 1035, Statutes of 1996 AB 2603 (Hawkins-R) - Crimes: Defamation Provides that a person who makes a false statement of fact about another person, with knowledge that the statement is true or false, is guilty of the offense of criminal defamation. (Died in Assembly Public Safety Committee) AB 2614 (Hawkins-R) - Parental Child Neglect Creates the crime of prenatal child neglect and provides that, except as specified, a person is guilty of prenatal child neglect, punishable as a misdemeanor or felony as specified, if the person knowingly uses a specified controlled substance at a time when the person knows or reasonably should know that she is pregnant and the use of that controlled substance results in the child with whom the woman is pregnant being drug-exposed at birth, as defined. Provides that in lieu of imprisonment and as a condition of probation, a defendant can participate in specified drug and alcohol treatment programs. (Died on Assembly Inactive File) AB 2624 (Setencich-R) - Child Support: Felony Provides that the failure of a parent of a minor child to provide necessary food, clothing, shelter, or medical attendance or other remedial care for his or her child for a period of 6 or more months or if the parent has been convicted previously of a violation of this provision be a misdemeanor. Allows a court to consider all assets available to the parent in determining the ability of the parent to pay child support. (Died in Senate Judiciary Committee) AB 2647 (Kuehl-D) - Domestic Violence: Protective Orders Makes changes in the law concerning domestic violence with respect to child custody and dependency matters and expands the types of protective orders the violation of which constitutes a misdemeanor. Chapter 1139, Statutes of 1996 AB 2656 (Kaloogian-R) - Definitions Revises the definition of "public place" and provides definitions for the terms "in a manner and under circumstances manifesting," "purpose of engaging in drug- related activity," and "purpose of engaging in any act of prostitution" for purposes of proscribing certain illegal activity. (Died in Assembly Public Safety Committee) AB 2658 (Kaloogian-R) - Murder: Punishment Provides that every person guilty of first degree murder shall be sentenced to death or confinement in prison for life without possibility of parole. Provides that every person guilty of murder in the second degree shall be sentenced to 25 to life. (Failed passage in Senate Criminal Procedure Committee) AB 2670 (Alby-R) - High Technology Crime: Pilot Project Establishes a 3-year pilot project in the Sacramento valley region to develop a cooperative model for federal, state and local law enforcement agencies, insurance companies, and the high- technology industry to address the growing trend in high- technology crime. (Failed passage in Senate Criminal Procedure Committee) AB 2691 (House-R) - Vehicular Manslaughter Adds the killing of a human fetus to vehicular manslaughter and to vehicular manslaughter while intoxicated, as specified. (Refused passage on Assembly Floor) AB 2759 (Burton-D) - Pawnbrokers Chapter 923, Statutes of 1996 AB 2763 (Poochigian-R) - Parole Extends the parole period from 3 years to 15 years for serious or violent commitments, and 8 years for non-serious or violent commitments. Increases the available confinement time to either 5 years or 8 years, depending on whether the original commitment was for a serious or violent felony. Requires as a condition of parole, that a parolee be subject to a search of his or her person, vehicle, or residence by a peace officer, including a parole officer, under guidelines specified by the parole authority. Provides that an inmate released on parole from a life sentence for first or second degree murder who violates parole shall be returned to prison for life. Authorizes the parole authority to increase the period of confinement for other violations, if the basis for parole revocation constitutes a new felony offense. (Failed passage in Senate Criminal Procedure Committee) AB 2768 (Poochigian-R) - Rural Crime Prevention Demonstration: Pilot Authorizes the County of Tulare to develop a 3-year pilot project to monitor and prevent rural crime in Tulare County. Chapter 327, Statutes of 1996 AB 2819 (Caldera-D) - Domestic Violence Training for Judges Requires the Judicial Council to establish and provide domestic violence training programs for all individuals who perform duties in domestic violence matters, including but not limited to, judges, referees, commissioners, and mediators. Chapter 695, Statutes of 1996 AB 2827 (Escutia-D) - White Collar Crime Enhancement Moves the aggravated white collar crime enhancement law of 1995 to a separate chapter of the Penal Code, thus preventing sunset due to the January 1, 1997 pre-existing sunset of the current chapter. Amends a cross-reference to a Penal Code Section which sunsets January 1, 1998, so that District Attorneys can continue to freeze assets valued between $100,000 and $500,000 for the purpose of making restitution. Chapter 431, Statutes of 1996 AB 2848 (Speier-D) - Abuse and Violence of Elderly and Dependent Adults: Reporting Authorizes the County of San Mateo to establish a pilot project to create a standardized form for reporting violence and abuse of elders or dependent adults to law enforcement agencies in San Mateo County. Chapter 696, Statutes of 1996 AB 2868 (Kuykendall-R) - Violent Offenders: Registration, Life Parole, Counseling Provides that any person convicted of a violent felony be required to register annually for the rest of his or her life. Provides that the failure to register be a felony. Provides that every person convicted of a violent felony be subject to lifetime parole. Requires the Department of Corrections to perform a psychological examination on every person convicted of a violent felony to determine the extent of counseling that may be required as a condition of parole. (Failed passage in Senate Criminal Procedure Committee) AB 2909 (Baugh-R) - Injuries from Contact with Power Lines: Immunity from Civil Liability for Utilities Grants private or public utilities an immunity from civil liability when a person commits a misdemeanor by either operating, placing, erecting or moving any tools, equipment, material, etc. within 6 feet of a high voltage overhead conductor and as a result is injured or killed from contact with the power lines. (Failed passage in Senate Judiciary Committee) AB 2936 (Cunneen-R) - Child Abduction Amends various sections of the Family Code to provide for the return of children who have been abducted or concealed. Reorganizes and revises the Penal Code. Chapter 988, Statutes of 1996 AB 2949 (Harvey-R) - Prostitution Enacts the Prostitution Abatement and Neighborhood Protection Act of 1996. Permits a judge to order the Department of Motor Vehicles to suspend a driver's license for up to 30 days if the person is convicted of prostitution committed with 1,000 feet of a residence and with the use of a vehicle. Permits Kern County and the cities within the county to adopt ordinances until 1999 to implement procedures to declare vehicles used in prostitution as a public nuisance. Double- joined with AB 2051 in this section. Chapter 1019, Statutes of 1996 AB 3021 (Napolitano-D) - Impersonating a Peace Officer Creates the wobbler of impersonating a peace officer by using a badge or other identification or by using or making a counterfeit badge or other identification. (Died in Senate Appropriations Committee) AB 3051 (Boland-R) - Kidnapping Provides that the penalty for kidnapping with the intent to commit rape, spousal rape, rape in concert, oral copulation, sodomy, or rape by instrument be life with the possibility of parole. (Failed passage in Senate Criminal Procedure Committee) AB 3068 (Frusetta-R) - Juvenile Justice: Parole Hearings Provides that any minor found to be delinquent due to the commission of a specified serious or violent offense who has previously been found to be a delinquent minor due to the commission of a specified serious or violent offense shall not be eligible for probation. Provides that for minors committed to the Youth Authority by reason of the commission of specified serious or violent offenses, increases the required periodic review from at least annually to at least every 2 years. (Failed passage in Senate Criminal Procedure Committee) AB 3074 (Boland-R) - Juvenile Justice: Mandatory Community Service, Driver's License Sanctions Requires the courts to impose not more than 40 hours of community service over the course of 60 days on every delinquent ward of the court not committed to secure housing. Requires the courts to impose specified driver's license sanctions on every delinquent ward of the court not committed to secure housing, absent specified hardship exceptions. (Failed passage in Senate Criminal Procedure Committee) AB 3078 (Baldwin-R) - Crime: Compensation for Story Prohibits any person serving as a juror for a criminal trial, prosecuting attorney, attorney representing a client during a criminal trial from receiving any compensation for disseminating, by way of interview, movie, book, or any other method, the story of the criminal trial or the crime. (Died in Assembly Public Safety Committee) AB 3098 (Campbell-D) - Diversion Chapter 743, Statutes of 1996 AB 3167 (Martinez-D) - Animals: Pets or Companions: Use as Food Expands existing law which makes it a misdemeanor to possess, import, sell, buy, give away or accept any animal commonly kept as a pet with the intent of using it for food to include exporting. Chapter 381, Statutes of 1996 AB 3170 (Martinez-D) - Auto Theft Makes technical, clarifying changes to existing law relative to auto theft, and contains uncodified legislative intent language. Chapter 660, Statutes of 1996 AB 3349 (Knox-D) - Indeterminate Prison Terms Imposes indeterminate terms of imprisonment for various crimes, provides an indeterminate term of parole for specified offenders, and makes various changes to the process for determining an inmate's suitability for parole. (Died in Assembly Appropriations Committee) AB 3350 (Knox-D) - Indeterminate Terms Imposes indeterminate sentencing terms for various drug and theft offenses and mandates that the Department of Corrections establish an inmate performance program. (Died in Assembly Public Safety Committee) AB 3377 (Battin-R) - Murder: Punishment Provides that the penalty for second degree murder when a person has a prior conviction of second degree murder or first degree murder or when the person has been convicted of a second degree murder in the same or different case, be imprisoned in the state prison for life without the possibility of parole. (Failed passage in Senate Criminal Procedure Committee) ACA 18 (Rainey-R) - Criminal Trials: Jurors: Minimum Number Provides that in a criminal action in which either a felony or misdemeanor is charged, 5/6 of the jury may render a verdict, but if the death penalty is sought, only a unanimous jury may render a verdict. Requires a unanimous jury verdict if the parties in a misdemeanor criminal action agree that the jury shall consist of 9 or fewer persons. (Failed passage in Assembly Judiciary Committee) AJR 66 (Hoge-R) - Death Penalty Memorializes the United States Attorney General, the California Attorney General, and the state and federal judiciary to seek new ways to expedite capital punishment cases and implements the death penalty in a more timely manner. (Died on Assembly Floor) Procedural SB 56 (Beverly-R) - Juries Requires a trial jury in civil actions in municipal court in which the amount in controversy is not more than $25,000 to consist of 8 persons and makes a conforming change by eliminating references to justice courts. (Failed passage in Assembly Judiciary Committee) SB 115 (Marks-D) - Domestic Violence: Restraining Orders Provides, with respect to terms of domestic violence protective orders, that the protected person's consent to, or invitation for, contact with the restrained person shall not change the terms and conditions of the protection order or their enforceability. (Died in Senate Rules Committee) SB 116 (Marks-D) - Criminal Procedure: Release of Seized Property Requires a magistrate to hear motions to determine if there is good cause for the immediate release of property seized under a search warrant and would require the magistrate to insure specified conditions are met prior to the release of the seized property pursuant to this provision. Requires the seizing agency to release property that is not contraband that is taken on a warrant to the person from whom it was taken, or the registered owner in specified cases, if no criminal or civil forfeiture action is commenced within 90 days, unless good cause is shown. (Died in Senate Criminal Procedure Committee) SB 262 (Kelley-R) - Trial Court Delay Reduction Act Provides an exemption from court delay reduction programs for any action or proceeding brought on a contract for the collection of amounts due for goods or services provided under the contract, if the amount of the demand does not exceed $25,000. (Died in Senate Judiciary Committee) SB 440 (Ayala-D) - Sex Offenders: Care of Minors Prohibits a sex offender from serving as a volunteer, director, officer, or employee with responsibility for the care of minors, or in a capacity in which the person may interact with a minor in a teaching, counseling, coaching, or similar position for any of specified entities that organize and supervise an organized non-school-related activity with minor participants, as defined. Requires, as a precondition to a person serving in such a capacity, that the chief coordinator of an activity ask the person whether he or she is required to register as a sex offender and may request a set of fingerprints from the person for verification with the Department of Justice. (Died in Senate Criminal Procedure Committee) SB 447 (Haynes-R) - Offenders: Conditional Release Bond Authorizes the court to impose a conditional sentence under which a defendant is required to post a postconviction bond to secure the defendant's compliance with the conditions of a release in the community. Requires the court order to prescribe the conditions of the conditional release and set the term not to exceed 5 years. Sets forth eligibility provisions, requires that the surety have access to a court approved drug testing laboratory and home detention facilitator, delineates requirements of the postconviction bond, specifies the consequences on the defendant and the surety of the defendant's compliance or noncompliance, and provides for the surrender of the defendant by the surety. Requires that the revenue paid to the court as a result of noncompliance with the terms of any conditional release under these provisions shall be divided equally between the local judicial district, sheriff, and district attorney, and the Restitution Fund, a continuously appropriated fund in the State Treasury. (Died in Senate Criminal Procedure Committee) SB 532 (Kelley-R) - Arraignment by Video: Written Waiver Appropriates an unspecified sum from the General Fund to the Department of Corrections for the purpose of establishing a pilot project in Imperial County. Authorizes, in all cases in which the defendant is charged with a misdemeanor or a felony and the defendant is at that time incarcerated in the state prison in that county, the court to order, without the defendant's consent, the initial appearance and arraignment in the municipal or superior court to be conducted by 2- way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. (Died in Senate Criminal Procedure Committee) SB 573 (Polanco-D) - Criminal Procedure: Prior Convictions Requires the court to try the question whether or not the defendant has suffered the previous conviction if he or she answers that he or she has not suffered a previous conviction. (Died in Senate Criminal Procedure Committee) SB 853 (Lewis-R) - Bail: Use of Aid Payments Prohibits public assistance checks from use for the posting of bail. (Failed passage in Senate Criminal Procedure Committee) SB 1004 (Marks-D) - Certificate of Death: Type of Weapon Requires that a certificate of death also include the type of weapon used, if any and if known, in cases of homicide, or accidental death. (Died in Assembly Health Committee) SB 1195 (Polanco-D) - Diversion and Deferred Entry of Judgment Authorizes the prosecuting attorney to refer a defendant with a serious mental disorder to a county mental health department for appropriate and available mental health treatment if he or she is not charged with a serious felony, is not dangerous to others, suffers from a serious mental disorder which was one of the causes or was a factor in the commission of the crime with which he or she is charged, and has not been diverted pursuant to these provisions within 2 years prior to the current proceeding. Authorizes the prosecuting attorney, in lieu of trial, to make a motion to the trial court to defer entry of judgment of a person accused of committing a misdemeanor or non-serious or nonviolent felony, as specified Requires the defendant to plead guilty to all crimes and enhancements charged and would require the defendant to be placed in an appropriate mental health treatment program that is recommended by the director of the county mental health department and approved by the court. Provides that, upon successful completion of a treatment program, the defendant's arrest for that offense would be deemed to have never occurred. (Died in Assembly Public Safety Committee) SB 1199 (Mountjoy-R) - Juries Requires all summoned prospective jurors, unless excused for hardship, to be available on one- hour notice by telephone to appear for service. Requires either a judge selected by the presiding judge or the jury commissioner to provide orientation for new jurors. Requires each juror in a criminal action whose identity is to be protected, to be assigned a number for all identification purposes. Provides that, in a criminal proceeding, a member of the jury may submit written questions to an expert witness, as specified. (Failed passage in Senate Judiciary Committee) SB 1391 (Johnston-D) - Criminal Procedure: Mental Competence Provides that a defendant charged with a violent felony may be placed on outpatient status only if the court finds that the placement will not pose a danger to the health or safety of others and may be delivered to a state hospital or treatment facility only if the hospital or facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected. Provides that a developmentally disabled defendant charged with a violent felony may be placed on outpatient status only if the court finds that the placement will not pose a danger to the health or safety of others and may be placed in a facility or delivered to a state hospital, developmental center, or residential facility only if the hospital, developmental center, or facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected. Makes the above provisions applicable to a person admitted or committed to a developmental center or other appropriate placement permitted by law. Chapter 1076, Statutes of 1996 SB 1394 (Monteith-R) - Grand Jury Provides that, in a county in which the required number of grand jurors is 11, an accusation in writing against an officer of a district, county, or city for willful or corrupt misconduct in office may not be presented without the concurrence of at least 8 grand jurors. Chapter 105, Statutes of 1996 SB 1400 (Monteith-R) - Evidence: Scientific Tests Directs the California Law Revision Commission to study existing law regarding the ability of parties to present evidence, in adjudicatory hearings and in judicial proceedings reviewing writs of mandamus, challenging the scientific reliability and validity of scientific tests which are required to be conducted by a regulation at issue in the hearing or proceeding. Requires the California Law Revision Commission to make recommendations to the Legislature regarding changes in existing law. (Died in Assembly Judiciary Committee) SB 1457 (Kopp-I) - Grand Jury Reports: Responses Sets forth in detail the nature of the comments required, the matter to be included, and the timeframe for further response, where warranted. Authorizes a grand jury to request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release, requires a grand jury to provide to the affected person or entity a copy of the portion of the grand jury report relating to that person or entity 2 working days prior to its public release and after the approval of the supervising judge, and prohibits disclosure of the report prior to the public release of the final report. Chapter 1170, Statutes of 1996 SB 1571 (Kopp-I) - Failure to Appear: Bail Authorizes the surety or depositor to file a motion, based upon good cause, for an order extending the 180-day period that includes a declaration or affidavit that states the reasons why there is good cause to extend that period. If, after a hearing, the court finds good cause to extend the 180-day period, authorizes to extend that period up to an additional 180 days. Provides that every person who is charged with or convicted of a misdemeanor or a felony who is released from custody on their own recognizance or on bail, and who willfully fails to appear in court as required, is guilty of a misdemeanor or of a felony, respectively. Chapter 354, Statutes of 1996 SB 1630 (Polanco-D) - Criminal Procedure: Bench Warrants Requires the clerk, or judge or justice, to issue the bench warrant without application of the prosecuting attorney, and to require the appropriate agency to enter each bench warrant issued on a private surety-bonded felony case into the national warrant system (National Crime Information Center). Chapter 555, Statutes of 1996 SB 1663 (Monteith-R) - Bail: Licensees Permits the licensure of corporations, if wholly owned by licensed bail agents, and would make related changes. Chapter 628, Statutes of 1996 SB 1876 (Solis-D) - Evidence Provides that in a criminal action in which the defendant is accused of an offense involving domestic violence, as defined, evidence of the defendant's commission of other domestic violence is not inadmissible under the above rule, except as specified. Requires the people to disclose this evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least 30 days before the scheduled date of trial or at a later time as the court may allow for good cause. Chapter 261, Statutes of 1996 SCA 24 (Calderon-D) - Jury Verdicts: Criminal Trials 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. (Died in Senate Criminal Procedure Committee AB 74 (Baca-D) - Plea Agreements Provides that any defendant who is fully advised to his/her rights regarding a plea agreement may expressly waive those rights and, if he/she fails to appear for sentencing, the trial court may withdraw its approval of the plea and impose a punishment in excess of the punishment specified in the plea. Applies to any person who pleads guilty or nolo contendere to an accusatory pleading charging a violent felony, as defined. (Died in Assembly Public Safety Committee) AB 158 (Baca-D) - Crimes: Victims and Witnesses: Notice Requires that victims of violent crimes as well as witnesses and family members of the victim be notified by both telephone and certified mail of any parole suitability hearing or the setting of a parole date. Authorizes any victim, witness, or next of kin of the victim, if the victim has died, to decline this notice. Requires that a notice to witnesses and victims of violent crimes that the perpetrator is scheduled to be released from prison be given by both telephone and certified mail and would otherwise recast these provisions. (Failed passage in Assembly Appropriations Committee) AB 178 (Johnson-R) - Bail: General Assistance Checks Provides that the clerk of the court shall not accept a general assistance check for deposit or any part thereof relative to bail. Chapter 51, Statutes of 1996 AB 195 (Morrow-R) - Criminal Procedure: Capital Case Requires the clerk of the superior court to provide copies of the reporter's transcript and the clerk's transcript to counsel within 30 days of the imposition of the death sentence and would require the trial court to certify the entire record on appeal for completeness within 90 days of the imposition of the death sentence, and for accuracy within 120 days of delivery to appellate counsel, except as specified. Establishes a 2-stage procedure for the certification of the record, including the holding of hearings to address outstanding corrections to the record and would authorize the trial court to grant an extension of these time limits. Specifies the procedures by which proceedings held in the municipal court shall be transcribed and reported, upon notification that the prosecution is seeking the death penalty. Requires both the prosecutor and counsel for the defense to continue representation for as long as required to participate fully in the steps mandated by these provisions and the rules of court to create a certified record. Requires, in all cases in which a sentence of death has been imposed on or after January 1, 1997, that the appellant's opening brief be filed within 7 months of certification of the record. States the Legislature's goal that the appeal be decided and an opinion filed within 210 days of receiving all of the parties' briefs. Chapter 1086, Statutes of 1996 AB 270 (Kuykendall-R) - Witness Protection Appropriates $225,000 from the General Fund to the Division of Law Enforcement in the Department of Justice for the purpose of providing witness protection assistance to local law enforcement agencies. (Failed passage in Assembly Public Safety Committee) AB 462 (Rogan-R) - Criminal Procedure Provides that a motion for the return of property or to suppress specified evidence shall be made and heard before trial, as specified. Provides that if a motion is denied, the defendant may obtain pretrial review of the order by filing a petition for a writ of mandate or prohibition within 30 days of the entry of the order in the court's minutes. Provides that the grant or denial of a petition filed in the superior court for a writ of mandate or prohibition may be reviewed only by a petition filed in the court of appeal within 20 days after the filing of the superior court's decision. (Died in Senate Criminal Procedure Committee) AB 569 (Bowler-R) - Criminal Procedure: Death Penalty Provides that if a judgment of death has not been executed by reason of a stay issued by a state or federal court and the stay is lifted on or before 10 days following the day set for the execution, the execution shall take place without further judicial proceedings on the day set by the warden of the prison designated by the Department of Corrections for the execution of the death penalty, which shall be not more than 45 days after the date that was set by the court. (Died in Assembly Public Safety Committee) AB 570 (Bowler-R) - Criminal Procedure Provides that if, on appeal, counsel for the people asserts that any claim of error raised by the defendant is procedurally barred, the court shall rule explicitly on the question. Requires the court, if it finds that the claim is procedurally barred and also addresses the merits of the claim, to state explicitly whether the procedural bar alone is sufficient to support the judgment. If the court, at the time of judgment, fails to comply with this provision, requires the court to modify the judgment to correct the omission upon request of the Attorney General. Applies to all opinions filed on or after January 1, 1996. Provides, among other things, that if an appeal from a conviction is pending or available or has been decided, a petition of habeas corpus normally should be filed only in the court that has or had jurisdiction of the appeal, and that if any other court considers the petition, the court or judge shall state in writing the extraordinary reasons for making that consideration necessary. Provides that a writ of habeas corpus shall not be granted on any ground that was not raised in the appeal, except as specified. Provides that a petition for habeas corpus is untimely if it is filed more than 60 days after the due date of the appellant's reply brief on the appeal, or, if no appeal is taken, more than one year after the entry of judgment, except as specified. Applies this provision to all habeas corpus petitions filed after April 16, 1986. Provides that the legality of the petitioner's trial or sentence shall be determined without regard to any changes in the law made after the judgment becomes final, except as specified. (Died in Assembly Public Safety Committee) AB 880 (Morrissey-R) - Criminal Procedure: Dismissal Prohibits a magistrate from determining that an offense is a misdemeanor if the offense is charged as a felony and it is alleged that the person has suffered a prior felony conviction or if the defendant has been indicted by a grand jury on the charge and disposition on the indictment is pending in the superior court. Prohibits a judge or magistrate from striking a prior serious or violent felony conviction for sentence enhancement purposes upon his or her own motion under the above initiative provisions. (Died in Senate Criminal Procedure Committee) AB 883 (Rogan-R) - Hearsay Exemption: Misdemeanor Conviction Authorizes the admission of a witness's prior misdemeanor conviction for an offense involving moral turpitude for the purpose of attacking the credibility of the witness. (Failed passage in Senate Criminal Procedure Committee) AB 988 (Hawkins-R) - Criminal Procedure Provides that a person who is ordered to testify after objecting because the testimony may be self-incriminating be prosecuted so long as the testimony is not used against the person in the criminal case. Chapter 302, Statutes of 1996 AB 1065 (Richter-R) - Juries: Selection Enacts the O. J. Simpson Jury Selection Act, requiring, that the examination of prospective jurors in criminal cases be conducted by the court by the presentation to them, as a group, of unspecified questions prescribed by statute and, upon good cause, such additional questions by the parties as it deems proper, to be answered in the affirmative or the negative by a show of hands. (Died in Assembly Public Safety Committee) AB 1066 (Martinez-D) - Domestic Violence Protective Orders Authorizes an order enjoining a party from contacting, molesting, attacking, striking, threatening, sexually assaulting, battering, telephoning, contacting repeatedly by mail with the intent to harass, or disturbing the peace of the other party, to also enjoin a party from causing damage to property of the other party or harassing or stalking the other party, as specified. (Died in Assembly Judiciary Committee) AB 1084 (Morrow-R) - Parole: Release Location Authorizes a releasing/paroling authority to consider the psychological well-being of the victim when determining the parole site of an inmate. Prohibits a paroled inmate from being returned to a location within 100 miles of the actual residence of the victim or witness. (Failed passage on Assembly Floor) AB 1109 (Kaloogian-R) - Bail Authorizes those officers who approve and accept bail to either approve and accept bail or release the person on his or her own recognizance. Provides that, if the arrested person has failed to appear in court on a felony or misdemeanor charge within the previous 7 years, is released presently on bond for another offense in another jurisdiction, has previously been convicted of 2 felonies and may be subject to a specified enhanced sentence if convicted of a current felony charge, or is presently on probation or parole, he or she only may be released on bail. (Died in Assembly Public Safety Committee) AB 1211 (Kuehl-D) - Battered Woman Syndrome: Writ of Habeas Corpus Includes within existing circumstances under which a writ of habeas corpus may be prosecuted the fact that evidence relating to battered woman syndrome, based on abuse committed on the perpetrator of a homicide by the victim of the homicide, was not introduced at trial, and, had it been introduced, there is a reasonable probability that the result of the proceedings would have been different. Specifies that provisions authorizing a court to take certain actions, including ordering a new trial or reversing a conviction, would apply to these provisions. Also specifies that its provisions are limited to murder convictions resulting from pleas entered, or trials commenced, before January 1, 1992, and are repealed as of January 1, 1999. (Died in Assembly Public Safety Committee) AB 1678 (Granlund-R) - Juvenile Court Records Provides a criminal court access to juvenile court records for felony sentencing purposes where a person had been adjudged a ward of the court for the commission of any specified offense. Prohibits the destruction of these records and provide access to these records to the probation officer. (Died in Senate Criminal Procedure Committee) AB 1803 (Campbell-D) - Physician-Patient Confidential Communications Excepts from the physician-patient privilege and the psychotherapist-patient privilege confidential communications between a deceased subject of an inquest or inquiry and his or her physician or psychotherapist when sought by a coroner for the purpose of inquiry into and determination of the circumstances, manner, and cause of death, as specified, or when sought for the sole purpose of being introduced as evidence at a coroner's inquest proceeding. Provides that a physician or psychotherapist not claim that privilege when disclosure of the communication is sought by the coroner for the purpose of inquiry into, and determination of, the cause, manner, and circumstances of death, as specified, or for the sole purpose of being introduced at a coroner's inquest proceeding. Provides that, when the coroner seeks a confidential communication or record of a deceased person for the purpose of inquiry into, and determination of, the cause, manner, and circumstances of death, as specified, or for the sole purpose of being introduced as evidence at the coroner's inquest proceeding, the custodian of the records shall produce the confidential communication or record forthwith and without delay. Also provides that a confidential communication or record provided pursuant to this bill is confidential, except as specified. (Failed passage in Senate Judiciary Committee) AB 1815 (Bowen-D) - Criminal Procedure: Review by Appellate States the Legislature's intent to abrogate the holding of People v Wende to the extent that it requires an appellate court to conduct a review of the entire record of a non-capital criminal case if the appointed counsel has determined that no meritorious issues exist for appeal. States that an appellate court is not required to review the full record of such a case if an indigent defendant's appointed counsel, after complying with the requirements and procedures of specified state and federal laws, finds no meritorious grounds on appeal. (Failed passage in Senate Criminal Procedure Committee) AB 1994 (Burton-D) - Domestic Violence: Elimination Of Civil Compromise Provides that civil compromise in domestic violence cases be eliminated. (Failed passage is Senate Criminal Procedure Committee) AB 2066 (Bordonaro-R) - Criminal Procedure: Insanity Defense Requires a defendant who is found not guilty by reason of insanity to be transferred to the Department of Corrections or the county sheriff, as appropriate, to serve the remainder of his or her sentence, if any. Requires that if this person is released from a state hospital or other treatment facility after being committed for a time period that is shorter than the time period that he or she would have been incarcerated for the crime for which he or she was committed, he or she shall be transferred to the Department of Corrections or the county sheriff, as appropriate, to serve the remainder of the sentence. Authorizes the paroling authority to require that the person be placed with an appropriate forensic conditional release program as a condition of parole, once the person has served his or her full sentence in a state or local correctional facility. Prohibits that person from being released to outpatient status until he or she has served the maximum term of commitment, as defined, in either the state hospital or other treatment facility or in the state prison, or both. (Died in Assembly Public Safety Committee) AB 2068* (Richter-R) - Hearsay: Exceptions Creates a new exception to the hearsay rule for evidence of a statement made by a declarant who is unavailable, as specified, that purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant by the party against whom the statement is offered, and meets other specified criteria. Chapter 416, Statutes of 1996 AB 2145 (Goldsmith-R) - Criminal Actions: Change of Venue Requires a judge to question a reasonable number of jurors during voir dire before granting a change of venue motion. Allows the prosecution to move for a change of venue. (Failed passage in Senate Criminal Procedure Committee) AB 2153 (Kuehl-D) - Harmful Matter: Photographs of Minors Provides that a photograph of a minor that is harmful matter introduced or filed as an exhibit in specified criminal proceedings shall be available only to the parties or to a person named in a court order to receive it prior to the final determination of the proceeding. Provides that after the final determination of the proceeding, the photograph shall be preserved with the permanent record maintained by the court, that no person shall have access to the photograph without a court order, and that any copy, negative, reprint, or other duplication of the photograph shall be delivered to the clerk for disposal. Chapter 882, Statutes of 1996 AB 2208 (K. Murray-D) - Criminal Trials Provides that the disqualification procedures which apply to district attorneys also apply to city attorneys in criminal matters. Chapter 91, Statutes of 1996 AB 2254 (Cunneen-R) - Criminal Procedure Provides that additional time to stand trial be allotted when a defendant's mental capacity must be evaluated. Chapter 122, Statutes of 1996 AB 2296 (Gallegos-D) - Testimony of a Witness: Hypnosis Eliminates the requirement that a licensed marriage, family and child counselor be certified in hypnosis and, instead, requires that he or she be experienced in the use of hypnosis relative to the admission of testimony by a witness. Chapter 67, Statutes of 1996 AB 2462 (Morrow-R) - Habeas Corpus Provides that contentions raised and rejected on direct appeal shall not be cognizable on petition for a writ of habeas corpus, specify that a writ shall not issue upon any ground not raised upon direct appeal, with specified exceptions, specify the time to file a petition for a writ, and provide that a court may waive these limitations if it finds by a preponderance of the evidence that a miscarriage of justice would otherwise result. Authorizes, but does not require, a court to order discovery for habeas purposes upon a showing of good cause, but not prior to the filing of the petition nor after the termination of the habeas proceeding. (Died in Senate Appropriations Committee) AB 2483 (Firestone-R) - Evidence: Hearsay Provides that specified evidence of prior inconsistent statements of a witness properly admitted in a preliminary hearing or trial of the same criminal matter pursuant to a specified provision of law is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted. Chapter 560, Statutes of 1996 AB 2758 (Boland-R) - Evidence: Spousal Privilege Specifically provides that in a criminal proceeding in which one spouse is charged with a murder, the other spouse has a privilege to refuse to disclose confidential marital communications, but the spouse charged with murder does not have a privilege to prevent the other spouse from disclosing those communications. (Failed passage in Senate Criminal Procedure Committee) AB 2848 (Speier-D) - Abuse and Violence of Elderly and Dependent Adults: Reporting Authorizes the County of San Mateo to establish a pilot project to create a standardized form for reporting violence and abuse of elders or dependent adults to law enforcement agencies in San Mateo County. Chapter 696, Statutes of 1996 AB 2897 (Bowler-R) - Evidence: Video or Digital Images Provides that images stored on video or digital media be admissible notwithstanding the "best evidence rule," and provides there be a presumption affecting the burden of producing evidence that printed representations of such images accurately reflect the images. Chapter 345, Statutes of 1996 AB 3079 (Baldwin-R) - Criminal Proceedings: Jury Instructions Provides that in a jury trial in a misdemeanor criminal proceeding, counsel for the defense may submit to the court a proposed jury instruction explaining the authority of a jury to disregard any other jury instruction and to render a general verdict in favor of the defendant according to the conscience of the individual jurors. (Failed passage in Assembly Public Safety Committee) AB 3242* (Alby-R) - Criminal Cases Allows a court in specified criminal cases in which a defendant is acting as his or her own attorney to appoint counsel for the limited purpose of conducting direct- or cross-examination on a victim. (Died in Assembly Public Safety Committee) AB 3303 (House-R) - Searches: Public Employees Provides for a public employee to secure a search warrant to enter a home or business for the purposes of conducting an investigation or search. Prohibits a public employee from entering a home or business without securing a search warrant unless he or she obtains consent to enter from any person in possession or control of the premises or pursuant to an emergency situation. Provides that information obtained without securing a search warrant shall not be used in any proceeding, including, but not limited to, criminal, civil, or administrative proceedings. (Died in Assembly Public Safety Committee) ACA 18 (Rainey-R) - Criminal Trials: Jurors: Minimum Number Provides that in a criminal action in which either a felony or misdemeanor is charged, 5/6 of the jury may render a verdict, but if the death penalty is sought, only a unanimous jury may render a verdict. Requires a unanimous jury verdict if the parties in a misdemeanor criminal action agree that the jury shall consist of 9 or fewer persons. (Failed passage in Assembly Judiciary Committee) ACA 19 (Rainey-R) - Criminal Trials: Right to Trial by Jury Requires the courts to construe a criminal defendant's right to a jury trial in a manner consistent with the United States Constitution, and requires the courts not to construe the California Constitution to afford a criminal defendant with a greater right to a jury trial than is afforded by the United States Constitution. (Died in Assembly Public Safety Committee) Juvenile Justice SB 86 (Haynes-R) - Dependent Minors: Jurisdictional Hearing Changes the rules of evidence governing documents which can be used to establish jurisdiction in a juvenile dependency hearing. Provides that, unless a timely objection is made, a social study as well as any hearsay evidence contained therein shall be admissible and constitutes competent evidence to support a finding of jurisdiction. Chapter 36, Statutes of 1996 SB 213 (Polanco-D) - Juveniles: Records Provides that the court shall not order juvenile court records sealed if it finds that it is in the best interest of the public to retain the records despite a lack of subsequent convictions. Prohibits the court from ordering juvenile court records sealed in any case in which the person was found by the juvenile court to have committed one of specified offenses where the person was 14 years of age or older at the time of commission of the offense. (Died in Senate Criminal Procedure Committee) SB 402 (Haynes-R) - Dependent Children: Jurisdictional Hearings Provides that at a jurisdictional hearing, the parent, guardian, or other person who has the care or custody of the minor shall have the right to request that a jury be the trier of fact. Requires the jurisdictional hearing to be conducted according to the rules of procedure and evidence applicable to criminal proceedings, but provides that proof by clear and convincing evidence is the standard required to support a finding that the minor is within the jurisdiction of the juvenile court. Provides that the parent, guardian, or other person who has the care or custody of the minor shall have the right to be represented by counsel at the jurisdictional hearing. Requires counsel to be provided at public expense if required pursuant to the rules of procedure applicable to criminal proceedings, thereby imposing a state-mandated local program. (Died in Senate Judiciary Committee) SB 545 (Wright-R) - Juveniles: Pilot Project Requires, until January 1, 1998, the Department of the Youth Authority to establish a 2-year demonstration project in Ventura County to identify and evaluate the county's interagency mechanism whereby local and state agencies serving minors in the juvenile justice system effectively collaborate with each other on behalf of the minors. Requires the county to assist the department for this purpose, thereby imposing a state-mandated local program. (Died in Senate Criminal Procedure Committee) SB 575* (Polanco-D) - Juveniles: Facilities Creates and defines a new community care facility licensing category known as a Juvenile Services Facility to house and serve minors in need of highly- structured programs and who are at risk of being placed in a Youth Authority facility or a county camp/correctional facility. Creates a 3-year pilot project, operative until January 1, 2000, only in the counties of Los Angeles and San Diego, that permits status offenders who have violated a court order, as specified, to be held in a secure facility, other than a facility in which adults are held in secure custody, for not more than 6 months. Permits these status offenders and minors who are alleged to have committed crimes to be held in the same facility. (Died at Senate Desk before Assembly amendments could be concurred in) SB 681 (Hurtt-R) - Local Government Assistance Makes a number of changes concerning local government financing of juvenile facilities. Requires counties to pay the state $150 per month for the time a person from that county is committed to the Department of Youth Authority (YA), effective July 1, 1996, and requires each county to pay the state for each person committed to the YA pursuant to a scale with regard to the offense on which the commitment is based. Makes funds available from revenues derived from a per-gallon tax on motor vehicle fuels to cities and counties that would not be eligible under present law, revises county realignment financial maintenance of effort responsibilities concerning health services, and makes changes in law concerning general assistance eligibility. Chapter 6, Statutes of 1996 SB 1188 (Hurtt-R) - Juveniles Enacts a pilot program in up to 3 counties selected by the Judicial Council and that agree to participate, as provided. Applies the pilot program to juveniles adjudged a ward of the juvenile court by reason of the commission of any nonviolent offense who have never been adjudged a ward of the juvenile court by reason of the commission of any violent offense, and to juveniles who are undergoing specified programs of supervision. Requires these juveniles to attend a victim-offender reconciliation program, as specified, perform community service as required, and pay restitution to the victim pursuant to specified provisions. Provides for the collection and evaluation of data pertaining to this program, as specified, and requires that an evaluation of the program be submitted to the Legislature on or before June 30, 1999. These provisions would be repealed on July 1, 1999. (Died in Assembly Appropriations Committee) SB 1234 (Watson-D) - Juveniles: Mediation Authorizes a county to establish a special juvenile mediation program, meeting specified requirements and providing specified services, in which minors found by the juvenile court to have committed a first-time misdemeanor could participate, to be funded in whole or in part by private donations, or to designate an existing program or programs for these purposes. (Failed passage in Assembly Public Safety Committee) SB 1281 (Mountjoy-R) - Juveniles: Records Provides that the juvenile court record of any defined serious offender shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding. Provides that the juvenile court record of any serious offender shall not be sealed unless, after the person has reached the age of 25 years or 10 years has passed since the conviction of a felony, whichever is later, the person petitions the court for sealing of the records, as specified. Prohibits the court from ordering that the records be sealed unless the court finds that since termination of the jurisdiction of the juvenile court or since the felony conviction, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court. (Died in Senate Criminal Procedure Committee) SB 1332 (Wright-R) - California REACH Program: Youth Facilities Establishes within the Department of Health Services the California Reaching Early Access for Children's Health Program, to be otherwise known as the California REACH Program, to provide supplemental primary and episodic pediatric health care services to children under 6 years of age, and makes the benefits under the program effective April 1, 1996. Provides that in order to assist the counties in the operation of specified local juvenile facilities for the 1995-96 fiscal year, appropriates specified funds from the General Fund to the Department of the Youth Authority for distribution to eligible counties, as specified. (Died on Assembly Floor) SB 1377 (Peace-D) - Juvenile Offenders Provides that certain juveniles who have been found by the juvenile court to be an unfit subject to be dealt with under the juvenile court law may be tried in a court of criminal jurisdiction. Chapter 481, Statutes of 1996 SB 1734 (Kelley-R) - Juveniles: Home Supervision Authorizes the juvenile court to make the father, mother or spouse and their estates liable for the cost to the county of home supervision of electronic surveillance of a minor. Chapter 355, Statutes of 1996 SB 1760* (Lockyer-D) - Juvenile Crime Enforcement Creates the Juvenile Crime Enforcement and Accountability Challenge Grant Program to be administered by the Board of Corrections for the purpose of reducing juvenile crime and delinquency. Chapter 133, Statutes of 1996 SB 1810 (Polanco-D) - Office of the Children's Guardian Creates the Office of the Children's Guardian, which would be an independent, nonpartisan state agency, staffed as specified, to provide children the same level of legal representation in matters affecting the welfare of children that is provided by law firms operating in this state that represent adult clients. (Died in Senate Appropriations Committee) SB 1811 (Polanco-D) - Juveniles: Juvenile Court Officers Directs the Judicial Council to develop and implement standards for the education and training of all judges who conduct juvenile court dependency hearings, on or before July 31, 1997, as specified. Requires that any commissioner or referee who is assigned to conduct those hearings meet those standards by July 31, 1998. Chapter 945, Statutes of 1996 SB 1938 (Mountjoy-R) - Sex Offenses: Notification of Schools Provides that public schools be entitled to certain court records of minors found to have committed specified sex-related offenses. Chapter 599, Statutes of 1996 SB 2065 (Russell-R) - Juveniles: Release of Names Requires a law enforcement agency to disclose the name of any minor taken into custody for the commission of any defined serious felony or any defined graffiti or vandalism offense and the offenses allegedly committed, at the time the minor is taken into custody, upon the request of interested persons. (Died in Senate Criminal Procedure Committee) SB 2090 (Costa-D) - Juveniles Provides that in any case involving a minor 16 years of age or older who is alleged to have committed any felony in which the minor personally used a firearm, the district attorney or other appropriate prosecuting officer may, in his or her discretion, file a complaint against the minor in a court of criminal jurisdiction. (Died in Senate Criminal Procedure Committee) SB 2126 (Marks-D) - Juveniles Revises the purposes and goals of the juvenile court law to, among other things, provide that minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall receive dispositions intended to accomplish specified objectives. (Failed passage in Assembly Public Safety Committee) SB 2134 (Johannessen-R) - Juveniles Provides that the primary consideration of juvenile courts and other public agencies charged with enforcing, interpreting, and administering the juvenile court law, when ordering the disposition of minors who are found to have committed specified offenses, shall be to ensure the protection and safety of the public. (Failed passage in Senate Criminal Procedure Committee) SB 2165 (Mountjoy-R) - Juveniles: Temporary Custody Provides that a minor who is 14 years of age or older who is taken into custody by a peace officer for the personal use of a firearm, as specified, shall not be released until that minor is brought before a judicial officer. Provides that any peace officer who takes a minor who is 14 years of age or older into temporary custody shall deliver the minor to the probation officer without unnecessary delay, as provided. Provides that whenever a minor who is 14 years of age or older is delivered to the custody of the probation officer, the probation officer shall retain the minor in custody until the minor is brought before a judicial officer of the juvenile court for a detention hearing. Chapter 843, Statutes of 1996 AB 72 (Baca-D) - Juvenile Facilities Provides that, up to $250,000 shall be available, upon appropriation, from the Youth Center and Youth Shelter Bond Act of 1988 to provide assistance to youth centers and youth shelters for the planning, development, and monitoring of specified projects. (Died in Assembly Human Services Committee) AB 164 (Knight-R) - Pupils: Truancy: Driver's Licenses Provides that a pupil who is reported a truant 3 times may be required to appear before a juvenile court judge or a juvenile traffic hearing officer. (Died in Senate Criminal Procedure Committee) AB 246 (Morrow-R) - Pupil Expulsion Authorizes a county board of education to enroll pupils who are suspended for being charged by the district attorney with specified offenses and pupils who are expelled after a court of competent jurisdiction finds the pupil committed specified offenses. Permits a pupil who is charged by the district attorney with specified offenses, although the offense is not related to school activity or school attendance, to be suspended while the charges are pending and to be recommended for expulsion, as specified, if a court of competent jurisdiction finds the pupil committed the specified offenses. Authorizes a suspended pupil to be referred to a county community school or a program of study that meets certain requirements. Prohibits pupils who are expelled after a court of competent jurisdiction finds the pupil committed specified offenses from enrolling in any other school or school district during the period of expulsion unless it is a county community juvenile court school, or, if operative, a community day school. Requires, for a pupil incarcerated in a juvenile hall or facility prior to adjudication by a juvenile court, that this hearing be held within 30 schooldays of the date the pupil notifies the principal or superintendent of schools of his or her release from the juvenile hall or facility. (Failed passage in Senate Criminal Procedure Committee) AB 267 (House-R) - Juveniles: Restitution Requires that a law enforcement agency disclose the name of any minor taken into custody for the commission of any serious felony or any of specified graffiti offenses and discloses the offenses allegedly committed, at the time the minor is taken into custody. (Failed passage in Senate Criminal Procedure Committee) AB 359 (Bordonaro-R) - Juveniles: Release of Names Requires a law enforcement agency to disclose the name of any minor taken into custody for the commission of any defined serious felony or any defined graffiti offense and the offenses allegedly committed, at the time the minor is taken into custody, upon the request of interested persons. (Failed passage in Assembly Public Safety Committee) AB 496 (Horcher-I) - Juveniles Provides for the assessment of a fee of up to $10 per hour to the parent of a minor who has been detained at a local law enforcement agency, when the parent has been notified that the minor will be released and that the person is requested to take delivery of the minor, as provided. Limits the aggregate liability to $250. (Died in Assembly Public Safety Committee) AB 524 (Woods-R) - Minors: Youth Authority: Civil Rights Specifies that minors who are committed to the Department of the Youth Authority shall have only those civil rights which are accorded adult prison inmates as otherwise applicable to minors. (Died in Assembly Public Safety Committee) AB 762 (House-R) - Juvenile Sentence Enhancements Provides that a finding by a juvenile court that a person has committed a specified violent offense shall be regarded as a prior conviction for purposes of the specified enhancement provisions. (Died in Assembly Public Safety Committee) AB 962 (Harvey-R) - Juveniles Adds the commission of any felony while personally armed with a firearm to the list of offenses that raises a presumption that a minor is not fit to be dealt with in juvenile court. (Failed passage in Assembly Appropriations Committee) AB 1185 (Morrissey-R) - Minors: Records Provides that specified school and law enforcement personnel may release certain information about a minor upon the request of, and to, an employee of such an entity who indicates that he or she has a reasonable belief that the minor is a gang member, drug seller, or drug user, or is at significant risk of becoming a gang member, drug seller, or drug user. Requires parental notification of the exchange of such information, except as specified. (Failed passage in Senate Criminal Procedure Committee) AB 1348 (Knowles-R) - Child Support Creates an exemption to the requirement that parents are liable for reimbursement of costs associated with the placement of a child outside of the home by order of the juvenile court, where the petition to make the child a ward of the juvenile court is dismissed at or before the jurisdictional hearing. Chapter 508, Statutes of 1996 AB 1353 (Knowles-D) - Juveniles Provides that if a licensed psychiatrist, psychologist, or marriage, family, and child counselor is appointed by a court for any purpose in a matter relating to child welfare and the licensee engages in acts of perjury, fabrication of evidence, or a failure to disclose exculpatory evidence, or obtains testimony by duress, fraud, or undue influence, the license of that person shall be permanently revoked. (Died in Senate Business and Professions Committee) AB 1397* (Poochigian-R) - Juvenile Facilities Makes conforming changes in the law to be consistent with changes in inspection authority of juvenile facilities which were made by AB 904 (Brewer-R) of 1995. Chapter 12, Statutes of 1996 AB 1412 (Villaraigosa-D) - Nonviolent Juvenile Offenders Requires the Department of the Youth Authority to undertake research and produce a report with findings and recommendations on the need to develop local or regional programs or placements for nonviolent juveniles who are committed to the Youth Authority. (Died in Senate Appropriations Committee) AB 1483* (Villaraigosa-D) - Local Government: Juveniles Appropriates, in order to assist the counties in the operation of local juvenile facilities for the 1995-96 fiscal year, $32,700,000 from the General Fund to the Department of the Youth Authority for distribution to eligible counties, as specified. Chapter 7, Statutes of 1996 AB 1489* (Hawkins-R) - Pupils: Expulsion Makes operative immediately a provision of law related to readmission of expelled students that is necessary in order for California to be in compliance with a federally mandated requirement. Chapter 15, Statutes of 1996 AB 1579 (Bowen-D) - Juveniles Prohibits the juvenile court from placing a minor in a group home if the minor was declared a ward of the court by reason of the commission of a serious or violent felony, as defined, or a residential burglary. (Died in Senate Health and Human Services Committee) AB 1592 (Boland-R) - Juveniles: Records Prohibits the sealing or destruction of a person's juvenile court record where the person was found by the juvenile court to have committed any felony while he or she was personally armed with or used a firearm. (Failed passage in Senate Criminal Procedure Committee) AB 1678 (Granlund-R) - Juvenile Court Records Provides a criminal court access to juvenile court records for felony sentencing purposes where a person had been adjudged a ward of the court for the commission of any specified offense. Prohibits the destruction of these records and provides access to these records to the probation officer. (Died in Senate Criminal Procedure Committee) AB 2007 (K. Murray-D) - Juveniles: Wards: Subpoenas Provides that the district attorney and the attorney of record for a minor may issue subpoenas with regard to hearings concerning minors who are alleged or determined by the juvenile court to be persons who may be adjudged to be wards of the juvenile court. Chapter 90, Statutes of 1996 AB 2040 (Frusetta-R) - Pupil Expulsion Requires the principal of a school or the superintendent of schools to suspend immediately and to recommend the expulsion of a pupil who unlawfully possesses, uses, or sells any specified controlled substance within 1,000 feet of the boundaries of any school grounds and authorizes the governing board at its discretion to order the pupil expelled. (Failed passage in Senate Education Committee) AB 2061 (Margett-R) - Juveniles: Restitution Provides that whenever the probation officer determines that a minor has willfully failed to pay court-ordered restitution to a victim, the minor's juvenile court record shall be open for inspection by the victim, or by the victim's next of kin where the victim has died, for use in any civil action filed against the juvenile, as provided. Provides for the revocation of any driver's license until such time as the restitution order has been satisfied, except as specified, and for the deduction of the amount owed under the order from any personal income tax refunds, any winnings in the California State Lottery, any unemployment benefits, any state wages, and any public assistance payments owed and processed for payment to the minor, to the greatest extent allowed by law. (Died in Assembly Appropriations Committee) AB 2131 (W. Murray-D) - Department of the Youth Authority: Education Establishes a Correctional Education Authority within the Department of the Youth Authority for the purpose of carrying out the education and training of wards committed to the Youth Authority. Chapter 280, Statutes of 1996 AB 2143 (Battin-R) - Juvenile Offenders Authorizes the district attorney to file charges in a court of criminal jurisdiction against any minor who is 14 years of age or older and who is alleged to have (1) committed an offense which would be punishable by death or life in prison if committed by an adult, (2) personally used a firearm during the commission or attempted commission of a felony, or (3) committed, under specified circumstances, one of the serious or violent offenses enumerated in existing law with respect to the fitness hearing conducted for a minor who is 16 years of age or older. (Failed passage in Senate Criminal Procedure Committee) AB 2154 (Kuehl (D) - Juvenile Dependency Clarifies existing juvenile dependency law relative to restraining orders. Increases the number of status review hearings relative to dependent children Chapter 1138, Statutes of 1996 AB 2189* (Poochigian-R) - Juvenile Facilities: Tulare County Declares that it is in the public interest to encourage innovation and experimentation in the operation and maintenance of juvenile detention facilities. Authorizes Tulare County to undertake the construction and operation of a juvenile detention facility that shall not be subject to existing laws or regulations governing staffing ratios and housing capacity of such a facility, except as specified, subject to review and approval by the Board of Corrections, as specified. Chapter 100, Statutes of 1996 AB 2197 (Cannella-D) - Juveniles: Cost of Surveillance Requires recovery of costs to be limited to any program administration fee, not to exceed the pro rata cost of the electronic monitoring device and the cost of the administration of the program. Makes the liability of these persons and estates a joint and several liability. (Died in Senate Criminal Procedure Committee) AB 2205 (Goldsmith-R) - Juvenile Offenders: Criminal Jurisdiction Provides that a minor may be prosecuted in a criminal court if that minor is presently alleged to have committed an act that is a felony, and either (1) the minor has been found to have committed 1 of certain specified serious or violent offenses on 2 previous occasions, or (2) the minor has been held in physical confinement, as defined, on the basis of the commission of 2 previous offenses that were felonies. (Died on Assembly Inactive File) AB 2206 (Bowler-R) - Minors: Firearms Provides that a minor's alleged use of a firearm during the commission of an offense is exempt from the general requirement that probation release to their parents minors who have been taken into custody. (Died in Senate Appropriations Committee) AB 2290 (Cortese-RFM) - Juvenile Crime Reporting: Telephone System Requires the Communications Division of the Department of General Services to establish a toll- free nonemergency telephone hotline separate from the "911" emergency telephone system, solely to receive reports of incidents of juvenile graffiti, vandalism, and other nonviolent juvenile offenses. (Died in Assembly Public Safety Committee) AB 2312 (Woods-R) - Juveniles: "Sliding Scale" for Commitment Provides for the implementation of the "sliding scale" for county youth authority commitments to be phased-in, as specified. Vetoed by the Governor AB 2377 (Margett-R) - Juveniles: Responsibility Creates the Juvenile Responsibility and Opportunity Act of 1996, 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, as specified. Vetoed by the Governor AB 2447 (K. Murray-D) - Juvenile Justice: Repeat Offender Prevention Revises the Repeat Offender Prevention Project. Chapter 1049, Statutes of 1996 AB 2486 (Firestone-R) - Juvenile Camps Authorizes the Director of the Youth Authority to waive certain service requirements, at the request of the county, with respect to any person who is found to be a deportable alien, pursuant to specified provisions of federal law. Provides that nothing prohibits the director from requiring these persons, if housed in the Youth Authority, to participate in community work crews, as specified. (Failed passage in Senate Criminal Procedure Committee) AB 2527 (Miller-R) - Juveniles Provides that the commission of any felony by a minor when he or she was 14 years of age or older raises a presumption that the minor is not a fit and proper subject to be dealt with under the juvenile court law, as specified. (Failed passage in Senate Criminal Procedure Committee) AB 2531 (Goldsmith-R) - Minors Creates a pilot project, operative until January 1, 2000, only in the counties of Los Angeles and San Diego, that permits status offenders who have violated a court order, as specified, to be held in a secure facility, other than a facility in which adults are held in secure custody, for not more than 6 months. Also permits these status offenders and minors who are alleged to have committed crimes to be held in the same facility. (Died in Senate Appropriations Committee) AB 2534 (Miller-R) - Juveniles: Temporary Detention Provides that a minor 12 years of age or older who is taken into temporary custody by a peace officer on the basis of violating any specified provision of law defining a crime, and who, in the reasonable belief of the peace officer, presents a serious security risk of harm to self or others, or a flight risk, or who is alleged to have committed a misdemeanor or a felony, may be securely detained in a law enforcement facility that contains a lockup for adults, if specified conditions are met, including, but not limited to, a maximum 12-hour period of detention in the law enforcement facility, or when a felony is alleged to have been committed, a maximum 24-hour period of detention. (Failed passage in Senate Criminal Procedure Committee) AB 2564 (Goldsmith-R) - Juveniles: Drug or Alcohol Programs Authorizes an Assessment, Orientation, and Volunteer Mentor Pilot Program in San Diego County, as specified, regarding drug and alcohol use and abuse by minors declared to be wards of the juvenile court in that county. Chapter 733, Statutes of 1996 AB 2595 (Boland-R) - Juvenile Justice: Offenses for Which Minor Presumed Unfit for Juvenile Court Increases the number of offenses for which minors 16 and older are presumed unfit for juvenile criminal court from 29 to 40 offenses, including burglary, voluntary manslaughter and certain drug offenses. Increases in scope certain existing offenses for which unfitness is presumed. (Failed passage in Senate Criminal Procedure Committee) AB 2617 (Baca-D) - Juveniles: Disclosure of Records Authorizes any school district, including any county office of education or superintendent of schools, to participate in an interagency data information system that permits access to a computerized data base system within and between governmental agencies or districts. Authorizes a city, county, or city and county to establish a computerized data base system that permits the probation department, law enforcement agencies, and school districts to access probation department, law enforcement, school district, and juvenile court information and records, as provided. Chapter 343, Statutes of 1996 AB 2619 (Villaraigosa-D) - Juvenile Justice System: Intervention Appropriates an unspecified amount from the General Fund to the Department of the Youth Authority for the purpose of implementing the Repeat Offender Prevention Project for the 1997 calendar year. Establishes within the Department of the Youth Authority, the Early Juvenile Offender Prevention and Intervention Unit. Requires the unit to provide technical assistance to county juvenile justice agencies, including law enforcement agencies, probation departments, juvenile courts, and private youth service providers, as specified. (Died in Assembly Public Safety Committee) AB 2679 (Caldera-D) - Juvenile Dependency Provides for, and sets forth the procedures for, the termination of parental rights in cases in which it is deemed unlikely that a parent will successfully and safely reunify with a minor. Chapter 1082, Statutes of 1996 AB 2686 (Kaloogian-R) - Juvenile Justice Provides that certain juvenile cases now subject to the jurisdiction of juvenile court traffic hearing officers instead be subject, according to county or court determination, to municipal court jurisdiction. Chapter 93, Statutes of 1996 AB 2720 (Sweeney-D) - Expulsion Adds "assault or battery upon any school employee" to the list of acts for which a pupil may be expelled from a school district. Chapter 1052, Statutes of 1996 AB 2723 (Hawkins-R) - Juvenile Court Law Revises the law governing proceedings in the juvenile court concerning delinquent minors. (Failed passage in Senate Criminal Procedure Committee) AB 2762 (Poochigian-R) - Juveniles: Criminal Court Jurisdiction Provides that, where a minor 14 years of age or older is alleged to come within the jurisdiction of the juvenile court on the basis of the commission of any of specified offenses and he or she was previously found to have committed one of certain specified offenses, he or she is subject to criminal court jurisdiction. Requires the district attorney to file an accusatory proceeding in criminal court under those circumstances. (Failed passage in Senate Criminal Procedure Committee) AB 2996 (Hannigan-D) - Juveniles: County Financial Resources Requires juvenile courts and other public agencies charged with enforcing, interpreting, and administering the juvenile court law to consider the financial capabilities of the county in these deliberations. Requires the court, in determining the judgment and order to be made in any case in which a minor is found to be a ward on the basis of criminal conduct, to consider the financial ability of the county to support the execution of the judgment or order. Requires the court to consider the financial capabilities of the county when ordering a ward to be on probation and when committing a ward to a juvenile home, ranch, camp, or forestry camp. Requires the court to consider the financial capabilities of the county before it may order the placement of a ward in a private residential facility or program that provides 24-hour supervision outside of the state. (Failed passage in Assembly Public Safety Committee) AB 3050 (Hawkins-R) - Minors: Restitution Enacts certain procedural provisions concerning the joint and several liability of parents and guardians for the restitution obligations of their children. Chapter 520, Statutes of 1996 AB 3067 (Frusetta-R) - Minors: Hearings Requires that a hearing to determine whether a minor is to be tried as an adult be conducted by a duly appointed or elected superior court judge or municipal court judge serving on assignment to the superior court. (Died in Senate Appropriations Committee) AB 3114 (Bowler-R) - Juvenile Offenders: Youth Authority Requires the court to commit any minor who has been adjudged a ward of the court by reason of the commission of any of specified offenses, wherein the minor personally used a firearm during the commission of the offense, to the Youth Authority. (Failed passage in Senate Criminal Procedure Committee) AB 3224 (Poochigian-R) - Juvenile Justice: Confidentiality and Records Requires courts to notify sheriffs of minors adjudicated to have committed a felony, as specified. Chapter 422, Statutes of 1996 AB 3261 (Ackerman-R) - Juvenile Justice: Curfew: Parental Criminal Liability Enacts a new infraction with specified penalties for failure to supervise a minor under 16, as specified. (Failed passage in Senate Criminal Procedure Committee) AB 3294 (Bordonaro-R) - Juvenile Justice: Sealing of Records Allows juvenile records to be sealed only after a petition is submitted indicating that there is no currently pending civil litigation directly related to or arising from the criminal act that caused the juvenile record to be created. Chapter 745, Statutes of 1996 Courts/Judges/Attorneys SB 93 (Leonard-R) - Courts: Retired Judges Deletes from existing law the separate provisions for the compensation of a retired judge assigned to serve on a court of appeal or the Supreme Court, expands the provisions for the compensation of a retired judge assigned to serve on a trial court to apply to all courts of record, adds provisions regulating the days of service of retired judges assigned to serve on a court of appeal or the Supreme Court, as specified. (Died in Senate Appropriations Committee) SB 99* (Kopp-I) - Trial Court Funding Allows the Trial Court Budget Commission, with the approval of the Judicial Council, to set aside funds for statewide trial court projects for the 1995-96 fiscal year only by allocating a potion of annual trial court funding to the Trial Court Improvement Fund. Appropriates $26.3 million from the General Fund in 1996-97 for support of trial courts if specific conditions are met. Revises the minimum trial court funding for Ventura County. Chapter 42, Statutes of 1996 SB 107 (O'Connell-D) - Court Employees: Collective Bargaining Declares that it is the intent of the Legislature to enact a system of collective bargaining and representation for employees of the superior, municipal, and justice courts that shall be consistent with the respective rights and responsibilities of courts and counties. (Died in Senate Appropriations Committee) SB 183 (Kopp-I) - Judicial Endorsements Prohibits a justice of a court of appeal from endorsing a candidate for the office judge of a superior court if the superior court is within the appellate district in which the justice of the court of appeal serves. (Died on Assembly Floor) SB 251* (Ayala-D) - Court-Appointed Counsel Provides that every defendant shall be assessed a registration fee not to exceed $25 when represented by appointed counsel, unless he or she is financially unable to pay the fee. Provides that the parent of any minor, or other person who is liable for the support of the minor, on whose behalf a petition is filed to commence proceedings in the juvenile court to declare the minor a ward of the court, when the minor is represented by appointed counsel, shall be assessed a registration fee not to exceed $25 at the time the legal services are provided, unless the parent or other person is financially unable to pay the fee. Provides that these provisions shall be operative in a county only upon the adoption of a resolution or ordinance by the board of supervisors electing to establish the registration fee. Chapter 389, Statutes of 1996 SB 596 (Petris-D) - State Bar of California: Accreditation of Law Schools Prohibits the State Bar from accrediting law schools. Limits the activities of the State Bar to responsibility for admission of persons to the practice of law and discipline of members. (Died in Senate Judiciary Committee) SB 795* (Beverly-R) - Courts: Shorthand Reporters: Funding Re-establishes, until the year 1999, the obligation of the Court Reporters Board (CRB) to collect fees to maintain a Transcript Reimbursement Fund (TRF), which pays the cost of stenographic reporting services for certain low-income litigants. Specifically, this bill: 1. Directs CRB to re-establish and administer TRF, supported by an augmentation in the license fees imposed on certified shorthand reporters (CSRs). 2. Provides that cases which are not fee generating are eligible to have CSR fees reimbursed by TRF if the litigant is indigent, and represented by a lawyer connected with a qualified legal services project. Chapter 895, Statutes of 1996 SB 825 (Kelley-R) - Courts: Municipal and Superior Court Judges Expands the authority of the Governor to convert a municipal court judgeship to a superior court judgeship upon the retirement or resignation of the municipal court judge. Specifically, this bill permits conversion of the position to take place when a judge vacates the position after reaching retirement age, although not yet 65 years old. Chapter 209, Statutes of 1996 SB 897 (Leslie-R) - Attorney's Fees: Book Account Provides that attorney's fees awarded in an action on a contract based on a book account for personal, family, or household goods or services may not exceed the lesser of $660 or 25% of the principal obligation owing on the contract. Provides that, in an action on a contract based on a book account for commercial goods or services, the attorney's fees awarded may not exceed the lesser of $1,000 or 25% of the principal obligation owing on the contract. (Died on Senate Inactive File) SB 1103 (Mountjoy-R) - Trial Costs: County of Los Angeles Authorizes the County of Los Angeles to apply to the State Controller for reimbursement of 100% of its costs incurred between January 1, 1995 and January 1, 2000, from the homicide trial of Orenthal James Simpson because of the extraordinary nature of that trial. (Died in Senate Judiciary Committee) SB 1321 (Calderon-D) - Legal Services Revises provisions relating to the appointment of examining committee members, deletes obsolete provisions, revises provisions relating to undergraduate study or its equivalent, provides that an applicant can graduate from a law school accredited either by the examining committee or the American Bar Association, revises provisions governing legal study or apprenticeship, requires passage of a professional responsibility examination as a condition of admission to the bar, revises and adds new provisions relating to applications and filing fees for the bar examination, revises and adds new provisions related to the admission of out-of-state or foreign attorneys, and revises provisions governing the law students' examination applicable to students attending a nonaccredited law school. Chapter 866, Statutes of 1996 SB 1364* (Boatwright-D) - Judges: Disqualification Includes among the circumstances under which a judge is disqualified, any criminal case where the spouse, former spouse, child, or sibling of the judge is employed by a local law enforcement agency involved in investigating or prosecuting the case, as provided. (Died in Senate Criminal Procedure Committee) SB 1413 (Kopp-I) - State Bar of California Provides, on and after January 1, 1999, for the transfer of specified powers, duties, and functions relating to the practice of law in California to the Administrative Office of the Courts, and makes conforming changes to the State Bar Act. Provides that on January 1, 1999, all powers, duties, and functions relating to admission to the practice of law, attorney discipline, mandatory continuing education, and the Client Security Fund currently vested in the Board of Governors of the State Bar shall be transferred to the Supreme Court and the cost of performing these disciplinary functions incorporated into the budget of the Supreme Court. Requires the Bureau of State Audits to determine the cost of those disciplinary functions and provides for reimbursement of the Supreme Court for those costs from funds derived from licensing fees. Authorizes the establishment of a voluntary, unincorporated association called the California State Lawyer's Association, and requires the Board of Governors of the State Bar to provide a specified mechanism whereby members of the State Bar can elect to have $50 of both their 1997 and 1998 annual membership fee deposited into the California State Lawyer's Association Fund, which is hereby created to provide for the establishment and administration of the California State Lawyer's Association. (Died in Senate Judiciary Committee) SB 1457 (Kopp-I) - Grand Jury Reports: Responses Sets forth specific guidelines to what must be included in a response by a person or entity to the findings or recommendations of the grand jury. Chapter 1170, Statutes of 1996 SB 1494 (Dills-D) - Judges: Retirement: Health Benefits Provides technical cleanup to the Judges' Retirement System II Law, and amends the Public Employees' Medical and Hospital Care Act to allow judges, under specified circumstances, to continue health coverage upon assuming employer contributions. Chapter 482, Statutes of 1996 SB 1533 (Calderon-D) - Death Penalty: Office of Postconviction Creates the Office of Postconviction Counsel to represent any indigent person convicted and sentenced to death in this state, as specified. Appropriates $2 million from the General Fund for the 1996-97 fiscal year for the purpose of implementing the provisions. (Died in Senate Criminal Procedure Committee on a Senate Rule 29.10 violation) SB 1561 (Watson-D) - Domestic Violence: Judicial Training Requires the Judicial Council to establish judicial training programs on domestic violence to be conducted in conjunction with the annual training on family law. (Failed passage in Assembly Public Safety Committee) SB 1589 (Calderon-D) - Judges: Gifts and Honoraria Revises the application of the terms gift and honorarium for purposes that may be accepted by judges. Chapter 557, Statutes of 1996 SB 1697 (Kopp-I) - Political Reform Act of 1974 Adds candidates for judicial office to the provisions of the Political Reform Act concerning the prohibition of an acceptance of honoraria and the limitation of gifts. Does not apply to any person who is a candidate for judicial office on or before December 31, 1996. Chapter 1056, Statutes of 1996 SB 1856 (Maddy-R) - Trial Courts: Interpreters Authorizes a court or a county acting with the agreement of the courts to negotiate in good faith with the representative of court interpreters regarding the contract terms of compensation for which these interpreters perform their services. Prohibits a court or county from penalizing any court interpreter because of that interpreter's exercise of his or her rights under these provisions. Provides that it does not alter the independent contractor status of any court interpreter, and that the bill becomes inoperative under specified circumstances. Vetoed by the Governor SB 1932 (Johnston-D) - Courts: San Joaquin Authorizes San Joaquin County to consolidate the bailiff and civil process functions of the Sheriff and Marshal. Chapter 159, Statutes of 1996 SB 1950 (Mello-D) - First-Year Law Students: Examination Amends existing law relative to first-year law students. Adds a qualification that must be met by an individual prior to admittance to the State Bar to practice law in California. Chapter 168, Statutes of 1996 SB 1961 (Calderon-D) - Committee on Judiciary: Courts Revises the number, classification, and compensation of various superior and municipal court personnel in Contra Costa, El Dorado, Fresno, Imperial, Napa, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, Tulare, and Yolo Counties. Chapter 1153, Statutes of 1996 SCA 4 (Lockyer-D) - Courts: Consolidation Provides for the abolition of municipal courts within a county, and for the establishment of a unified superior court for that county upon a majority vote of superior court judges and a majority vote of municipal court judges within the county. Provides for the qualification and election of the judges. Revises the number of jurors required in certain civil actions. Specifies its purposes, and makes related, conforming changes. Declares that its provisions are severable. Resolution Chapter 36, Statutes of 1996 SCA 19 (Leslie-R) - Commission on Judicial Performance: Subordinate Judicial Officers Provides that the Commission on Judicial Performance shall exercise discretionary jurisdiction with regard to the oversight and discipline of court commissioners, subject to review by the Supreme Court, as specified. Provides that no person who has been found unfit to serve as a subordinate judicial officer after a hearing before the Commission on Judicial Performance shall have the requisite status to serve as a subordinate judicial officer. Specifies that it does not diminish or eliminate the responsibility of a court to exercise initial jurisdiction to discipline or dismiss a subordinate judicial officer as its employee. Resolution Chapter 54, Statutes of 1996 SJR 46 (Haynes-R) - Ninth Circuit Court of Appeals: Reorganization Memorializes the President and the Congress of the United States to approve H.R. 2935 that would provide for the reorganization of the United States Court of Appeals for the Ninth Circuit by creating a new Twelfth Circuit. The proposed Twelfth Circuit would consist of all states currently in the Ninth Circuit except California and Hawaii, which would remain in the Ninth Circuit. (Died in Senate Judiciary Committee) AB 1141 (Baldwin-R) - Grand Juries Provides that no person shall serve more than one 2-year period on a grand jury in any 7-year span. Repeals certain existing procedures and sets forth extensive procedures for random selection of grand jurors. Provides that a grand jury shall have access to all records of a state or local governmental entity within its jurisdiction. Makes it a felony to interfere with or influence, or attempt to interfere with or influence, the random selection of jurors, or to interfere with or obstruct, or to attempt to interfere with or obstruct, a grand jury to investigate and prosecute specified cases. (Died in Assembly Public Safety Committee) AB 1387 (Brulte-R) - Records: Criminal Convictions Enacts the Criminal Convictions Record Act, authorizing a court to take judicial notice of enumerated computer-generated court records specified by the Judicial Council which relate to criminal convictions, if certified by the clerk of the recording court; requires clerks prospectively certify and submit these records for entry into a computer system operated by the Department of Justice that can be accessed by authorized agents of a district attorney or other state prosecuting agency, as specified; and authorizes the admission in evidence of these records to prove specified facts. Chapter 642, Statutes of 1996 AB 1397* (Poochigian-R) - Fines and Forfeitures Allows the collection of delinquent fines and forfeitures when the fine or forfeiture is being paid through a payment plan. Chapter 12, Statutes of 1996 AB 1733 (Boland-R) - County Court Costs: Broadcast Rights Authorizes counties and cities and counties to require a private entity or entities to bid for the right to provide a pool camera for the purpose of distributing televised images of certain proceedings of a municipal or superior court located within the county or city and county, if that court has otherwise authorized the televising and broadcasting of those proceedings. Specifies that these provisions shall not be construed to limit the authority of the court to prohibit the televising or broadcasting of proceedings or to make rules concerning the manner of televising or broadcasting proceedings or any other manner concerning its own government. (Failed passage in Assembly Judiciary Committee) AB 1818 (Baca-D) - Judges Provides that the Court of Appeal for the Second Appellate District consist of 7 divisions having 4 judges each, to hold session as specified. Provides that the division, which is directed to hold its regular sessions in Orange County, shall have 6, rather than 5, judges. Increases the number of judges in specified counties. Chapter 262, Statutes of 1996 AB 1936 (Rainey-R) - Elections: Ballot Pamphlet and Ballots Clarifies the explanation of the nomination process and provides an explanation of the terms of office for justices. Chapter 218, Statutes of 1996 AB 2008 (K. Murray-D) - State Public Defender Provides, as of January 1, 1997, the authority of the State Public Defender's office be limited to the direct appeal in death penalty cases. Authorizes the Supreme Court to compensate members of the State Bar in automatic appeal cases. Appropriates $320,000 to implement the provisions of the bill. Vetoed by the Governor AB 2023 (Richter-R) - Courts Provides that no superior or municipal court shall permit any filming, recording, or broadcasting of court proceedings by the media, as defined, using television, motion picture, or video recording equipment. (Failed passage in Assembly Judiciary Committee) AB 2113 (Miller-R) - Court Proceedings: Electronic Recording Authorizes the Judicial Council to authorize the use of specified electronic methods as a means of producing a verbatim record of testimony and proceedings. Specifies the contents of such a rule; authorizes a fee for copies of tapes and transcripts, as specified; and provides that employment hours for specified court reporters shall not be reduced. (Died on Assembly Inactive File) AB 2119 (Bowen-D) - Rules of Court: Recording and Broadcasting Requires the Judicial Council to adopt a Rule of Court governing the recording or broadcasting of court proceedings by the media using television, radio, photographic, or recording equipment, according to specified considerations. (Failed passage in Assembly Judiciary Committee) AB 2175 (Margett-R) - Small Claims Court Enacts the Small Claims Court Reform Act of 1996, which provides that an appeal from a small claims court judgment shall be heard by a trial de novo in small claims court according to small claims court procedures, as specified; prohibits representation by counsel on appeal and sets forth the findings of the Legislature in this regard. (Died in Assembly Judiciary Committee) AB 2223 (K. Murray-D) - Court Employer-Employee Relations Enacts provisions to govern employer-employee relations between court employees and counties or superior and municipal courts, through meeting and conferring in good faith, as defined, on matters within the scope of representation. (Failed passage in Assembly Judiciary Committee) AB 2232 (Woods-R) - Trial Costs: Counties of Siskiyou and Sonoma Authorizes the County of Siskiyou to apply to the Controller for reimbursement of 100% of its costs incurred between January 1, 1994, and January 1, 2000, incident to the homicide trial of People v. Bowcutt, including, but not limited to, the cost of court- appointed attorneys and investigators for the defendant. Authorizes the County of Sonoma to apply to the Controller for reimbursement of extraordinary expenses incident to the trial of People v. Davis incurred between January 1, 1993, and January 1, 2000. (Died in Senate Appropriations Committee) AB 2247 (Miller-R) - Court Reporters' Transcripts: Copying and Use Authorizes a court that has purchased a court reporter's transcript to make copies of it as an exhibit, for internal use, or for use by a county counsel, district attorney, or court-appointed counsel. Provides that when a court reporter is required to file or deliver to a court an original transcript and a copy or copies thereof, the court may elect to receive only the original transcript, in which event the court clerk would be required to make or have made all required copies of the transcript. (Died in Senate Judiciary Committee) AB 2368 (Hauser-D) - Municipal Courts Provides that the location of permanent court facilities and the locations where sessions of the court may be held other than in the county seat shall be as determined by the board of supervisors, as specified. Authorizes the Board of Supervisors of Santa Barbara County to, by ordinance, abolish the office of Marshal of Santa Barbara County and the department known as the Santa Barbara County Marshal's Office. Authorizes the consolidation of the services and personnel of the Santa Barbara County Marshal into the Santa Barbara County Sheriff's Department, as specified. Creates the Court Services Oversight Committee effective upon that consolidation to advise the sheriff regarding court operations, as specified. Chapter 582, Statutes of 1996 AB 2423 (Knight-R) - State Bar: Examining Committee Limits the examining committee of the State Bar to the powers expressly provided by law and prohibits the examining committee from accrediting law schools. Prohibits the examining committee from using scaling in grading the first-year law student's examination. (Failed passage in Assembly Judiciary Committee) AB 2492 (Aguiar-R) - Courts Authorizes the appointment of an additional court commissioner in San Bernardino County if the superior court eliminates an occupied juvenile court referee position. Chapter 324, Statutes of 1996 AB 2553* (Isenberg-D) - Trial Court: Funding Enacts the Trial Court Funding and Improvement Act of 1996, which is the Governor's 1996 Budget Trailer funding bill. (Died on Assembly Floor awaiting concurrence) AB 2566 (Goldsmith-R) - Law Library Trustees Makes special provisions for the membership of the board of law library trustees in San Diego County, as specified. Chapter 242, Statutes of 1996 AB 2567 (Goldsmith-R) - Small Claims Court Provides that a party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if specified conditions are met. Chapter 693, Statutes of 1996 AB 2593* (Brewer-R) - Trial Costs Restores the Attorney General as the approving authority for the reimbursement of travel in excess of 1,000 miles in homicide trials where the state is paying counties all or a portion of the costs of those trials. Deletes the existing authority of the Attorney General to approve such travel in the Charles Chitat Ng trial from the uncodified language which allows Calaveras County to seek 100% reimbursement from the state for that trial. Chapter 583, Statutes of 1996 AB 2667 (Davis-D) - Indigent Litigants Prisoners section). Chapter 888, Statutes of 1996 AB 2701 (Thompson-R) - Shorthand Reporters Permits the Court Reporters Board to withdraw school approval when a reporting school is in non-compliance, prohibits schools from making false claims regarding employment opportunities, revises examination admission requirements, and authorizes the board to suspend or revoke a license if the licensee fails to report a conviction of a crime related to the duties of a court reporter. Chapter 694, Statutes of 1996 AB 2787 (Kuehl-D) - Attorneys: State Bar Enacts various State Bar proposed amendments to current statutes relating to disablement, placement or inactive status, and malpractice for attorneys. Chapter 1104, Statutes of 1996 AB 2922 (Hawkins-R) - Juries Revises and recasts provisions relating to limited access to, and sealing of, personal information regarding jurors, to provide that all personal identifying information of prospective jurors and qualified jurors shall be confidential, except as specified. (Died in Senate Criminal Procedure Committee) AB 3287 (Miller-R) - Courts: Small Claims Expands the jurisdiction of small claims court to include subrogation actions under an insurance policy, and exempts these actions from the prohibition against more than 2 claims for more than $2,500 in a calendar year by the same person and the prohibition against claims by assignees, as specified. (Died in Assembly Judiciary Committee) AB 3289 (Miller-R) - Attorney's Fees: Residential Improvement Defects Imposes limitations on the contingent fee that may be charged in an action seeking damages for a construction defect in a residential improvement. (Refused passage on Assembly Floor) AB 3356 (Bustamante-D) - Attorneys: Qualifications Provides that an applicant for certification for admission to the Supreme Court and a license to practice law must meet specified requirements in order to be eligible to take a final bar examination given by the examining committee of the State Bar of California. An applicant who passes the final bar examination would be eligible to be certified to the Supreme Court for admission and a license to practice law. Prohibits the State Bar from accrediting law schools. Also prohibits the State Bar and the Supreme Court of California from requiring a law school library to have certain contents or from interfering with the academic freedom or internal operations of a law school. (Died in Assembly Judiciary Committee) AB 3364 (Knowles-R) - Attorneys' Fees: Early Demand Requires all contingency agreements for legal services to include, in writing, the actual hourly rate the contracting attorney charges for his or her services. Requires that in a dispute involving damages resulting from a motor vehicle accident, the attorney representing the plaintiff make a written demand, by certified mail, prior to filing suit. Requires the demand to remain open, and the defendant's offer in response to the demand to remain in effect, for specified periods of time. Provides a method by which to determine attorney fees in actions arising from a motor vehicle accident and further provides for the tolling of the statute of limitations in those cases during the demand and response period. (Died in Senate Judiciary Committee) AB 3381 (Baugh-R) - Municipal Courts: Monetary Jurisdiction Sets the monetary jurisdiction for municipal courts at $50,000 or less. Provides for judicial arbitration of civil actions in superior court in which the amount in controversy will not exceed $100,000 for each plaintiff. (Failed passage in Senate Judiciary Committee) AB 3471 (Assembly Judiciary Committee) - Courts Provides for numerous technical changes in the annual Assembly Judiciary Committee omnibus civil procedure and court practices bill. Chapter 1159, Statutes of 1996 AJR 54 (Kaloogian-R) - Judicial Taxation Urges the Congress of the United States to propose an amendment to the United States Constitution to provide that neither the Supreme Court nor any inferior court shall have the power to instruct or order a state or political subdivision thereof, or an official of any state or political subdivision, to levy or increase taxes, as specified. Urges the Legislatures of the other states to adopt a similar resolution. (Died on Assembly Floor) Drunk Driving/Vehicle Code SB 223 (Ayala-D) - Vehicles: Towing and Storage: Liens Extends the possessory lien relative to the storage or towing of a vehicle to include labor associated with recovery or load salvage involving the described vehicles. Chapter 267, Statutes of 1996 SB 837 (Lewis-R) - Driving Under the Influence Requires the Department of Motor Vehicles to issue persons convicted of a second or subsequent offense of driving under the influence of alcohol or drugs a license plate with the words "CONVICTED DRUNK DRIVER" beneath the license place identification number. (Died in Senate Criminal Procedure Committee) SB 1162* (Leslie-R) - Driving Under the Influence Reenacts provisions in the Vehicle Code relating to driver's license suspension that expired last year and provides a January 1, 1999 sunset date. Specifically provides that: 1. The provision allowing the Department of Motor Vehicles to immediately suspend or delay the privilege of any person to drive a motor vehicle for six months upon receipt of a duly certified abstract of the record of any court showing the person has been convicted of any specified controlled substance offense, shall remain in effect until January 1, 1999. 2. The provision which requires that a $24 fee be collected before a driver's license may be issued, reissued, or returned to a person after the suspension or delay of the person's driving privilege shall remain in effect until June 30, 1997. (Rereferred to Senate Criminal Procedure Committee on a Senate Rule 29.10 violation where motion to concur in Assembly Amendments refused adoption) SB 1236 (Watson-D) - Vehicles: Traffic Violator Schools: Fees Extends the sunset date to June 30, 2000 relative to existing law authorizing a court to utilize a nonprofit agency for specified traffic violator school administration and monitoring services. Authorizes a court to charge a traffic violator a fee to defray the costs incurred by the nonprofit agency as a result of providing the specified services. The provision authorizing the court to charge the fee is to become inoperative on June 30, 1995. (Died in Senate Criminal Procedure Committee) SB 1367* (O'Connell-D) - Vehicles: Violations: Fines Includes the Golden Gate Bridge and Route 46 between the intersection with Route 101 and the junction with Route 41 as one of the "Safety Enhancement-Double Fine Zones" pilot projects. Chapter 488, Statutes of 1996 SB 1402 (Marks-D) - Vehicles: Driving Under the Influence: Penalties Increases the minimum fine from $300 to $391 for a person punished for a first violation of a provision relating to driving while under the influence of alcohol or any drug, or both. (Died in Senate Criminal Procedure Committee) SB 1405 (Ayala-D) - Vehicles: Driving Under the Influence Makes it unlawful for any person lawfully arrested for any offense allegedly committed in violation of driving under the influence, to willfully refuse a peace officer's request to submit to, or willfully fail to complete, the chemical testing of his or her blood, breath, or urine for the purpose of determining the alcohol or drug content of his or her blood. Imposes specified fines and terms of imprisonment for convictions of a first or subsequent violation of this provision and requires the Department of Motor Vehicles to suspend or revoke the driver's license of a person so convicted. A person convicted of 3 or more violations of this provision would be designated an habitual traffic offender, as specified. (Died in Senate Criminal Procedure Committee) SB 1579 (Leonard-R) - Driving Under the Influence: Failure to Appear Requires the courts to notify Department of Vehicles (DMV) of the failure to appear in specified driving under the influence (DUI) offenses. Requires DMV, upon notification, to immediately suspend the license of persons who have failed to appear in specified DUI offenses. Chapter 224, Statutes of 1996 SB 1646 (Johnson-R) - Civil Liability Provides that neither a person who is shown by a preponderance of the evidence to have engaged in conduct that is punishable as a felony or is proscribed by specified provisions prohibiting the operation of a vehicle while under the influence of drugs or alcohol, nor his or her spouse, heirs, or assigns, may recover damages for any injury to property or person sustained while engaged in such conduct or while attempting to avoid capture therefor; except that this prohibition would not apply to an action on behalf of a minor child under the age of 15 years when a property owner has knowingly maintained a hazardous condition on his or her property which would reasonably be expected to cause injury to children. Provides that any peace officer who apprehends or attempts to apprehend a person for the commission of a felony is immune from civil liability, except as specified. In addition, provides that the proprietor of a business, and specified other persons, do 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, as specified. Also in Law Enforcement Section. (Rereferred to Senate Judiciary Committee on a Senate Rule 29.10 violation where motion to recommend that the Assembly Amendments be concurred in was refused adoption.) SB 1972* (Watson-D) - Vehicles: Driving-Under-the-Influence Advisory Committee Provides that a study of driving under the influence (DUI) programs be conducted to determine whether changes should be made in order to decrease the recidivism rate of DUI offenders. (Died in Assembly Public Safety Committee) SB 2001 (O'Connell-D) - Fines: School Safety Zone Increases fines for specified offenses committed within a School Safety Zone and requires the Department of Transportation or local authorities to place and maintain warning signs notifying motorists of the zones. (Failed passage in Senate Appropriations Committee) AB 32 (Katz-D) - Driving Under the Influence Deletes existing law relative to driving under the influence provisions based on federal regulations and makes conforming changes. (Died in Senate Criminal Procedure Committee) AB 95* (Bowler-R) - Driving Under the Influence Reenacts provisions in the Vehicle Code relating to drivers' license suspension that expired last year and provides a March 1, 1997 sunset date. Chapter 956, Statutes of 1996 AB 224* (Knight-R) - Fines and Forfeitures Eliminates the transfer to the state of the $1 surcharge imposed on local parking violations; transfers a portion of fees collected from traffic violators who attend traffic violator school from the state to cities; continues until 2002 a $24 surcharge on traffic violator school attendees, and allocates the funds to the General Fund; and permits a county or court to immediately begin collection proceedings after a fine is imposed or use a private collection agency within 15 days, rather than wait for the currently required 60 days. (Died in Senate Appropriations Committee) AB 417 (Burton-D) - Driving-Under-the-Influence Programs Terminates a driving-under-the-influence program license upon the voluntary surrender of the license, or the failure to provide program services for a period of 180 days. Authorizes a court, as a condition of probation, to refer a first offender to participate in an 18-month or 30-month program and to specifically order the offender to participate in the initial 6, 9, or 12 months of that program. (Sent to interim study) AB 749 (Kuykendall-R) - Vessels: Operating Under the Influence Makes it an offense for a person under the age of 21 years with 0.01% or more, by weight, of alcohol in his or her blood and to operate any motorized vessel or the manipulation of water skis, an aquaplane, or a similar device. Chapter 363, Statutes of 1996 AB 1061 (Caldera-D) - Traffic Offenses: Fines Reduces the additional penalty imposed on infraction Vehicle Code offenses, with some exceptions, other than parking offenses from $7 for each $10 or fraction thereof to $3.50 for each $10 or fraction thereof. Reduces the additional penalty imposed on Vehicle Code offenses other than parking offenses from $10 for each $10 or fraction thereof to $5 for each $10 or fraction thereof. Provides that the total amount of any penalty assessments imposed and collected under these provisions shall not exceed $100. Restricts the use of these deposits in the State Penalty Fund to traffic safety, victim and witness assistance, and peace officer training. Specifies that the amount of money transferred from the State Penalty Fund pursuant to this provision and the manner in which those funds shall be distributed shall be determined annually by the Legislature. Provides that any revenues derived from penalty assessments resulting from violations of the Fish and Game Code shall be transmitted by the counties to the State Treasurer for deposit in the Fish and Game Preservation Fund. (Died in Assembly Public Safety Committee) AB 1826 (Boland-R) - Driving Under the Influence Increases the minimum term of imprisonment in the county jail to 180 days upon a third conviction of driving under the influence (DUI) and authorizes punishment as a felony, by specified terms in the state prison. Requires that upon a fourth conviction of DUI the crime be punished only as a felony, by imprisonment in the state prison for a specified term, and prohibits a court from granting probation for a conviction of an offense punishable under this provision. Requires the revocation of the defendant’s driver’s license to commence after the entire term of imprisonment has been served, in the case of a third or subsequent violation of the specified driving under the influence provisions. Requires the court to notify a person convicted of driving under the influence at the time of sentencing or at the time of probation of the consequences for second or subsequent offenses. (Died in Senate Appropriations Committee) AB 1941 (Bordonaro-R) - Vehicle Registration: Confidential Records Deletes the officers of the Parole Hearings Division from the list of public officials whose home addresses are confidential. Authorizes the Department of Motor Vehicles to require a person whose home address in the records of that department is confidential under existing law to demonstrate his or her continued eligibility for that confidentiality upon renewal of a driver’s license or identification card issued by the department, except as specified. Requires the department to notify the person within a specified period prior to the expiration of the driver’s license or identification card of any requirement to demonstrate continued eligibility for confidentiality. Chapter 880, Statutes of 1996 AB 1985 (Speier-D) - Driving Under the Influence: Reckless Driving Chapter 645, Statutes of 1996 AB 1999 (Knight-R) - Peace Officer: Fleeing Increases the amount of the fine for fleeing a peace officer to not less than $1,000 nor more than $10,000 and describes acts that constitute driving in a willful or wanton disregard for the safety of persons or property. Increases the minimum fine when the fleeing of a peace officer causes death or serious injury to any person from $1,000 to $2,000. Chapter 420, Statutes of 1996 AB 2000 (Goldsmith-R) - Vehicles: Driving Under the Influence: Arrests: Penalties Increases from an infraction to a misdemeanor, punishable by specified fines and terms in the county jail for a person under 21 years of age to knowingly drive a vehicle carrying any alcoholic beverages, except as specified, or for a person under 21 years of age to be a passenger in a vehicle while knowingly possessing any alcoholic beverage. Chapter 690, Statutes of 1996 AB 2005 (K. Murray-D) - Driving Offenses: Penalties: Probation Provides that any person convicted of driving under the influence of any alcoholic beverage or drug, or both, who has previously been punished for a felony under specified provisions relating to prior, multiple driving under the influence offenses or has been previously convicted of murder relating to driving while intoxicated, vehicular manslaughter, or gross vehicular manslaughter while intoxicated shall be punished by imprisonment in the state prison for 2, 3, or 4 years and a fine of at least $1,015 but not more than $5,000. Increases the minimum fine from $390 to $1,015 for a person convicted of 2 or more violations of driving a motor vehicle while under the influence of any alcoholic beverage or drug, or both. (Died in Assembly Appropriations committee) AB 2240 (Battin-R) - Vehicles: Driving Under the Influence: Fines and Imprisonment Requires a person to be punished by imprisonment in the state prison upon conviction of driving under the influence of alcohol or drugs, or both, if the person has a felony conviction for a separate violation of specified provisions, relating to driving offenses involving alcohol or drugs or both alcohol and drugs, that occurred within 10 years of the current violation. (Died in Senate Criminal Procedure Committee) AB 2251 (Poochigian-R) - Stolen Vehicles: Enhanced Punishment: Liability Makes it a felony to engage in fleeing a peace officer when the pursued vehicle has been taken or stolen and the person involved in that unlawful conduct abandons the vehicle while it is still in motion. Authorizes the juvenile court to order the parent or legal guardian of a minor, excluding the minor’s foster parent, who has been previously found to have committed the crime of auto theft and has again been found to have committed the crime of auto theft to pay any damages, not to exceed $500, inflicted by the minor on the vehicle during the commission of the recent offense. (Failed passage in Senate Judiciary Committee) AB 2285 (Aguiar-R) - Vehicles: Crimes: Punishments Requires that the crime of fleeing a pursuing peace officer be punished by imprisonment in the county jail for a prescribed term. Provides that driving with a willful or wanton disregard for safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude during which time either 3 or more violations, each of which is assigned a point value under a specified provision, are committed, or damage to property is caused by the driving. Requires a court to declare a motor vehicle to be a nuisance if it was driven by a defendant to criminal charges relating to operating a vehicle while willfully fleeing a pursuing peace officer's vehicle or bicycle. Requires the court to order that the vehicle be sold upon the conviction of the defendant and requires that the proceeds from the sale be distributed according to a specified schedule of priorities. Requires the Director of the Department of Motor Vehicles to prescribe rules and regulations regarding curriculum that require information relating to the penalties for operating a vehicle while willfully fleeing a pursuing peace officer's vehicle or bicycle. Requires the driver’s license examination to include a test of the applicant's knowledge and understanding of specified provisions governing the penalties for operating a vehicle while willfully fleeing a pursuing peace officer's vehicle or bicycle. Requires the Department of Motor Vehicles to revoke the person's driver's license for 3 years if the person is convicted of operating a vehicle while willfully fleeing a pursuing peace officer's vehicle or bicycle and the pursued vehicle was driven in a willful or wanton disregard for the safety of persons or property or the willful flight proximately causes death or serious bodily injury to any person. (Failed passage in Senate Criminal Procedure Committee) AB 2288 (Aguiar-R) - Motor Vehicle Speed Contest: Motor Vehicle Removal Specifically allows a peace officer to arrest and take into custody any person that a peace officer determines was engaged in a motor vehicle speed contest. Allows the removal and seizure of the motor vehicle used in the contest, as specified, in accordance with an existing statutory procedure. Requires the impounding agency to release the vehicle to the registered owner prior to the conclusion of the impoundment period (1) if the vehicle was stolen, (2) was driven without the authorization of the registered owner, as specified, (3) the legal or registered owner of the vehicle is a rental car agency, or (4) the criminal matter is dismissed or charges are not filed because of a lack of evidence prior to the conclusion of the impoundment period, as described. Makes the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, and any administrative charges incurred by the local authority. Requires the release of the vehicle to the legal owner of the vehicle, or that owner's agent, on or before the 30th day of impoundment if all of specified conditions are met. Requires the court to order the person to reimburse the registered owner for the above described charges if the person convicted of the speeding offense was not authorized to operate the motor vehicle. Chapter 884, Statutes of 1996 AB 2356 (Aguiar-R) - Vehicles: Driving Under the Influence: Gross Vehicular Manslaughter Revises the definition of gross vehicular manslaughter while intoxicated where the intoxication was a contributing factor in a killing. Provides a reduced term of imprisonment of 3, 5, or 7 years for gross vehicular manslaughter where intoxication is a contributing factor. Includes, as to gross vehicular manslaughter while intoxicated and operating a vessel, the operating of certain other water devices, as specified. (Died in Senate Criminal Procedure Committee) AB 2408 (Granlund-R) - Vehicles: Fleeing a Peace Officer: Penalties Increases the term in state prison for the crime of fleeing a peace officer to 2, 3, or 4 years. Provides that driving with a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude during which time either 3 or more violations are committed that are each assigned a violation point value under a specified provision or damage to property is caused by the driving. (Died in Assembly Appropriations Committee) AB 2418 (Woods-R) - Vehicles: Driving Under the Influence: Penalties Authorizes a court to require the defendant in a driving under the influence case to make restitution to any children of a victim who was killed as a proximate result of the violation, in addition to any other penalty imposed for that violation. (Died in Assembly Public Safety Committee) AB 2740 (Ackerman-R) - Vehicles: Driving Under the Influence: Programs Authorizes, until January 1, 2003, the courts of Orange County to participate in a pilot program relating to alcohol and other drug education and counseling programs. Specifies that, under the program, the courts of Orange County are not required to comply with the provisions specified above that require a court to order a person to participate in a licensed alcohol and other drug education and counseling program. Authorizes those courts to order that a person participate in a program, to be designed by those courts in consultation with the Orange County Department of Alcohol and Drug Services, that meets the needs of the courts and the individual offender. Provides that the court may refer an offender who is domiciled outside of Orange County to a licensed program located in the county of the person' s domicile. (Failed passage in Senate Criminal Procedure Committee) AB 2852 (Knox-D) - Vehicle Devices and Documents: Unlawful Possession Makes it a misdemeanor for any disabled person to permit the use for parking purposes of a special identification license plate by one not entitled to use it, or for any person to use a vehicle displaying a disabled person or disabled veteran special identification license plate issued to another to park in parking spaces or stalls designated for disabled persons unless transporting a disabled person. Provides, until January 1, 2001, that it is a misdemeanor for any person to be in possession of certain vehicle devices issued by the department, registration card, identification card, temporary receipt, certificate of ownership, license plate, special plate, or validation tab not lawfully issued and obtained under the Vehicle Code. Chapter 697, Statutes of 1996 AB 3095* (Villaraigosa-D) - Vehicles: Fines: Amnesty Program Authorizes a county to operate a Vehicle Code amnesty program for fines and bail that have been delinquent for not less than 6 months as of the date upon which the program commences and were imposed for an infraction or misdemeanor violation of the Vehicle Code, except parking violations and other specified violations. Authorizes any person owing a fine or bail that is eligible for amnesty under the program to pay to the municipal or juvenile court specified amounts scheduled by the court in full satisfaction of the delinquent fine or bail, with a specified exception relating to civil assessments. Requires the program to be implemented by the courts of the county on a one-time basis and conducted in accordance with Judicial Council guidelines for a period of not less than 120 days and not longer than 6 months from the date the court initiates the program. Chapter 742, Statutes of 1996 AB 3157 (Martinez-D) - Parking Violations Chapter 1156, Statutes of 1996 AB 3425 (Bowler-R) - Vehicles: Unlawful Conduct: VIN Plate Makes it a misdemeanor or felony for any person, with the intent to prejudice, damage, injure, or defraud, to acquire, possess, sell, offer for sale, or manufacture any genuine or counterfeit manufacturer’s serial or identification number plate, commonly referred to as the “Public Vehicle Identification Number plate” or “VIN plate.” (Died in Assembly Public Safety Committee) AB 3480* (Davis-D) - Driving Under the Influence: Reports to Department of Motor Vehicles Provides that a report forwarded to Department of Motor Vehicles relating to chemical testing of a person for Driving Under the Influence be either sworn or unsworn and dated or sworn and either dated or undated. Vetoed by the Governor Controlled Substances SB 628 (Hughes-D) - Controlled Substance: Postsecondary Institutions Provides that any person 18 years of age or over who is convicted of specified controlled substance offenses or of a conspiracy to commit one of those offenses, where the offense takes place upon the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, shall receive an additional punishment of imprisonment for 3, 4, or 5 years. (Died in Senate Appropriations Committee) SB 1198 (Kopp-I) - Vehicles: Controlled Substances Declares the opposition of the Governor and the Legislature to the enactment of state laws imposing the sanctions described in the federal law requiring California to mandate the suspension of a person's drivers license for any controlled substance violation or lose federal transportation funds. (Failed passage in Assembly Transportation Committee) SB 1242 (Polanco-D) - Hope in Youth Program Allocates $2.5 million of specified funds appropriated in the Budget Act of 1995 for anti-drug abuse programs to the Hope in Youth gang and drug reduction program in Los Angeles County. (Died in Assembly Public Safety Committee) SB 1369 (Kopp-I) - Drug Abuse: Deferred Entry of Judgment Provides that, in lieu of trial, the prosecuting attorney may make a motion to the trial court to defer entry of judgment with respect to any specified drug offense that is charged, provided that the offender offers a plea of guilty. Requires the court, upon that motion and the defendant's offer of a plea of guilty, to defer a finding of guilt and entry of judgment, contingent upon the defendant's completion of an approved drug program. Requires the court, upon the defendant's completion of the program, and upon the positive recommendation of the program authority and the motion of the prosecuting attorney, the court, or the probation department, but no sooner than 18 months nor later than 3 years from the date of the defendant's referral to the program, to dismiss the charge or charges against the defendant. Revises the drug offenses to which these provisions apply. Chapter 1132, Statutes of 1996 SB 1426* (Johnson-R) - Fenfluramine Deletes fenfluramine and its salts and isomers from Schedule IV and repeals the prohibition against their sale. Provides that it shall not become operative unless fenfluramine and its salts and isomers are removed from Schedule IV of the federal Controlled Substances Act. Chapter 109, Statutes of 1996 SB 1443 (Lockyer-D) - Substance Abuse: Parenting Class Provides that upon the diversion or conviction of a person for any offense involving substance abuse, the court may require, in addition to any or all other terms of diversion or imprisonment, fine, or other reasonable conditions of sentencing or probation imposed by the court, that the defendant participate in and complete counseling or education programs, or both, including, but not limited to, parent education or parenting programs operated by community colleges, school districts, other public agencies, or private agencies. Chapter 210, Statutes of 1996 SB 1754 (Calderon-D) - Controlled Substances: Liability Enacts the Drug Dealer Liability Act, establishing a cause of action for the illegal sale, use, or possession of an illegal controlled substance, as specified, and regulating various aspects of such actions. Provides that its provisions are severable. Chapter 867, Statutes of 1996 SB 2164 (Hayden-D) - Flunitrazepam Includes in Schedule IV the depressant flunitrazepam. Chapter 846, Statutes of 1996 A similar bill was AB 2226 (Bowler-R) which died in Senate Appropriations Committee. AB 79 (Baca-D) - Controlled Substances: Enhancement of Sentencing Provides that every person who has been convicted outside this state of an offense which is punishable in this state by imprisonment in the state prison, shall, upon a subsequent conviction in this state, be subject to these enhancements to the same extent as if the prior conviction had taken place in a court of this state. (Died in Assembly Public Safety Committee) AB 127 (Rainey-R) - General Assistance Program Provides that any person convicted of various controlled substances related offenses is prohibited from receiving any aid under a county's general assistance program for 5 years, unless the individual enters and completes a substance abuse program. (Failed passage in Senate Health and Human Services Committee) AB 289 (Cannella-D) - Drug Free School Zones Enacts the Drug Free School Zone Act of 1996 to deter the distribution of controlled substances and imitation controlled substances in school zones. (Failed passage in Senate Criminal Procedure Committee) A similar bill was AB 670 (Alby-R) which died in Assembly Public Safety Committee. AB 322 (Alpert-D) - Methylphenidate Transfers the controlled substance methylphenidate from Schedule II to Schedule III. (Died in Assembly Public Safety Committee) AB 417 (Burton-D) - Driving Under the Influence Programs Authorizes a court, as a condition of probation, to refer a first offender to participate in an 18- month or 30-month program and to specifically order the offender to participate in the initial 6, 9, or 12 months of that program. (Died in Senate Criminal Procedure Committee) AB 750 (Kuykendall-R) - Controlled Substances Deletes the option for county jail and other sentence alternatives upon the conviction of possession of a controlled substance and instead provides for state prison incarceration. Requires individuals convicted of possession of a controlled substance pay a $70 fine to finance local AIDS education programs. Increases the sentencing options for possession of a controlled substance, and increases the sentencing options for illegal distribution of a controlled substance, as specified. Provides that no probation or suspended sentence shall be given to a person convicted of any act involving the manufacture or distribution of methamphetamines, their precursors, or their derivatives. (Failed passage in Assembly Appropriations Committee) AB 751 (Kuykendall-R) - Controlled Substances: Probation Prohibits the granting of probation to any person who has been convicted of a felony for the manufacture of controlled substances. (Failed passage in Assembly Public Safety Committee) AB 764* (Baca-D) - Drug Court Treatment Program Authorizes the County of San Bernardino to establish, as a 3-year pilot project, the Drug Court Treatment Program. Makes the program available, as an alternative to existing drug diversion programs, whenever a case is before any court upon an accusatory pleading for a violation of specified controlled substances offenses. Vetoed by the Governor A similar bill was AB 3370 (Baca-D) which died in Assembly Appropriations Committee. AB 966 (Ducheny-D) - Drug Offenses: School Grounds Provides that anyone who induces a person under 14 years of age to use marijuana in violation of law, uses a person under 18 years of age in specified unlawful transactions relating to marijuana, or unlawfully sells or furnishes any marijuana to a person under 14 years of age, shall receive an additional punishment of 1 year of imprisonment in the state prison, where the offense occurs within 1,000 feet of a school or occurs upon or within a church or synagogue, playground, youth center, child day care facility, or public swimming pool, as specified. (Died in Senate Appropriations Committee) AB 1255 (Woods-R) - Controlled Substances Increases the penalty to imprisonment in the state prison for 3, 5, or 7 years for any person who, with intent to manufacture methamphetamine or Nethylamphetamine, possesses both phenylacetone and either methylamine or ethylamine at the same time. (Died in Assembly Public Safety Committee) AB 1886 (Boland-R) - Controlled Substances Adds an enhancement for sentencing purposes for anyone over the age of 18 to engage in specified unlawful acts involving a minor relative to controlled substances. (Died in Assembly Public Safety Committee) AB 2079 (K. Murray-D) - Controlled Substances Adds enhancements for purposes of the sale of heroin or cocaine. (Failed passage in Senate Criminal Procedure Committee) AB 2120 (Burton-D) - Marijuana: Medicinal Use Provides that every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof for personal medicinal use, when the medicinal use has been approved in writing by a licensed physician and surgeon, is guilty of a misdemeanor. (Failed passage in Assembly Public Safety Committee) AB 2227 (Bowler-R) - Controlled Substances: Mandatory Community Services Provides that, except in unusual cases in which it would not serve the interests of justice to do so, whenever a court grants probation to a person convicted of possessing or using a controlled substance, in addition to any other conditions of probation which may be imposed, the court shall order the defendant to perform community service, as designated by the county sheriff, as specified. (Died in Assembly Public Safety Committee) AB 2407 (Granlund-R) - Controlled Substances: Plea Bargaining Includes the sale or transportation for sale of specified controlled substances as a serious felony for purposes of prohibiting plea bargaining. Amends an initiative statute. (Failed passage on Assembly Floor) AB 2542 (Alpert-D) - Methamphetamine Provides that every person who possesses any substance, material, or any combination of substances or materials with the intent to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 4, or 6 years. (Died in Assembly Appropriations Committee) AB 2710 (House-R) - Drug Court Program Requires any person convicted of violating specified controlled substance provisions to be punished by a minimum term of imprisonment of 90 days in a county jail, and requires the court to order, as a condition of probation for any violation of these provisions, imprisonment in a county jail for not less than 90 days. Authorizes the court to suspend the mandatory 90-day sentence of imprisonment and, in lieu thereof, requires the defendant to participate in a drug court program. Vetoed by the Governor AB 2764 (Poochigian-R) - Marijuana Provides that any person convicted of the unlawful cultivation, harvesting, processing, possession for sale, transportation, importation, sale, furnishing of, or certain related offenses involving marijuana shall receive additional terms of imprisonment depending on the weight of the substances involved. (Failed passage in Senate Criminal Procedure Committee) AB 2786 (Napolitano-D) - Controlled Substances: Mandatory Imprisonment Provides that the existence of any previous conviction or fact that would make a person ineligible for suspension of sentence or probation shall be alleged in the charging document, rather than in the information or indictment, and provides, in addition, that an allegation or a finding bringing the defendant under the above provision shall not be stricken under any provision of law. States that the intent of the Legislature in enacting the bill is to abrogate the holding of People v Ruby, 204 Cal. App. 3d 462, 465-466. (Failed passage in Senate Criminal Procedure Committee) AB 2933 (Vasconcellos-D) - Marijuana: Medicinal Use Provides that existing prohibitions relative to the possession or cultivation of marijuana do not apply to any person who possesses, plants, cultivates, harvests, dries, or processes marijuana for his or her own personal medicinal use or for the personal medicinal use of another of whom the person is an immediate family member or for whom the person is the legal guardian or primary caretaker, as defined, where the medicinal use has been approved in writing by a licensed physician and surgeon for the treatment of AIDS, cancer, glaucoma, or multiple sclerosis. (Failed passage in Assembly Public Safety Committee) NOTE: Proposition 215 which appears on the November 1966 General Election Ballot is similar. AB 2970 (Olberg-R) - Sale of Controlled Substances Provides that the definition of nuisance include the illegal sale of controlled substances. Provides that a tenant or subtenant, who illegally sells a controlled substance upon the premises or uses the premises to further that purpose, be deemed to have committed a nuisance and be evicted. Chapter 658, Statutes of 1996 AB 3042 (Takasugi-R) - Controlled Substance Utilization Review and Evaluation System Requires, contingent upon the availability of adequate funds, the Department of Justice to establish the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II controlled substances by all practitioners authorized to prescribe or dispense these controlled substances. Requires that CURES be implemented as a 3-year pilot project commencing on July 1, 1997, to be administered concurrently with the existing triplicate process to examine the comparative efficiencies between the 2 systems. Chapter 738, Statutes of 1996 AB 3316 (Tucker-D) - Driving Under the Influence Provides that, if the probation department recommends the placement of a defendant in a drug or alcohol treatment program and determines that this type of program is a suitable option for the defendant who would like the court to consider this option, requires the defendant to obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. Chapter 545, Statutes of 1996 AB 3392 (Weggeland-R) - Controlled Substances Provides that any person convicted of violating specified provisions, or of an attempt to violate those provisions, as the provisions relate to methamphetamine or phencyclidine, when the crime occurs in a structure where any child under 16 years of age is present or causes a child under 16 years of age to suffer great bodily injury or death, shall be punished by an additional term of imprisonment in the state prison, as specified. Chapter 871, Statutes of 1996 Weapons SB 65 (Johannessen-R) - Firearms Exempts from existing law specified waiting periods the sale, delivery, or transfer of a firearm to a person protected by a domestic violence order. Requires the person seeking to obtain the firearm to present to the firearms dealer a copy of a domestic violence order and the original of a written certification signed by a chief law enforcement officer stating that the person is not prohibited under specified provisions of law from possessing or acquiring firearms, that the person is at least 18 years of age, and that the person needs a firearm for personal protection before the waiting period would otherwise elapse, as provided. (Failed passage in Senate Criminal Procedure Committee) SB 554 (Campbell-R) - Sobriety Checkpoints: Weapons Appropriates an unspecified sum from the General Fund to the Office of Criminal Justice Planning for the purpose of allocating those funds to an unspecified city to establish a pilot program to permit local law enforcement agencies to stop and frisk occupants of motor vehicles for weapons at randomly established sobriety checkpoints, as specified. (Died in Senate Criminal Procedure Committee) SB 671 (Lewis-R) - Firearms: Dealers' Record of Sale Reduces the minimum period prior to delivery of a pistol or revolver to 10 days in the case of all firearms delivered on or after April 1, 1997. Makes a violation punishable by imprisonment in the state prison for 2, 3, or 4 years where the licensed firearm dealer delivers a pistol, revolver, or other firearm capable of being concealed upon the person to a person who the dealer knows, or should know, is a minor. By increasing the penalty for a crime, this bill would impose a state- mandated local program. Sets forth procedures under which the electronic or telephonic transfer of applicant information would be the exclusive means by which firearm purchaser information would be submitted to the department on or after January 1, 1998. Requires the dealer to keep a record of the electronic or telephonic transfers containing the same information currently required to be entered on the dealers' record of sale register. Requires the Department of Justice, among other things, to develop standards for all appropriate electronic and telephonic equipment and telephone numbers to effect the transfer of information to the department under these provisions. Chapter 128, Statutes of 1996 SB 693 (Lockyer-D) - Weapons Reorganizes and renumbers existing provisions regulating importing, possessing, sale or transfer of firearms by repealing the Dangerous Weapons' Control Law and enacting the Comprehensive Firearm Act and the Dangerous Weapons Law. Provides that the changes made by this bill shall become operative on January 1, 1997. (Died in Assembly Public Safety Committee) SB 799 (Monteith-R) - Concealed Weapons Licenses Requires the issuance of a concealed weapons license, within 15 days of receipt of the 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, desires legal means to carry a concealed weapon for lawful self-defense, and demonstrates competence with a firearm, as specified. Makes immune from liability any licensing authority who complies in good faith with this provision. Deletes existing provision providing that a license to carry a concealed weapon may include any reasonable restrictions or conditions which the issuing authority deems warranted. Authorizes the licensing authority to charge a fee up to $12.50 for processing an application or amended license. Makes it a misdemeanor for any person to charge a fee in excess of $12.50 for a license. (Died in Senate Criminal Procedure Committee) SB 985 (Campbell-R) - Pawnshop Defines "transfer" of a firearm to include the redemption of a pawned or pledged firearm to the person who pawned or pledged that weapon. (Died in Senate Appropriations Committee) SB 1118 (Watson-D) - Firearms: Physical Composition Prohibits a person from manufacturing or causing to be manufactured any pistol, revolver, or other firearm capable of being concealed upon the person that is made of materials with specified characteristics relating to melting point, tensile strength, and density. Prohibits a person from importing into the state, keeping for sale, or offering or exposing for sale, or giving, lending, or possessing any pistol, revolver, or other firearm capable of being concealed upon the person with knowledge that it is made of any material with these specified characteristics. (Died in Senate Criminal Procedure Committee) SB 1374 (Peace-D) - Firearms Authorizes a licensed firearms dealer who is conducting business at gun shows or events, and who has a valid secondhand dealer license granted by the appropriate local authorities in the jurisdiction where the firearms dealer license has been granted, to conduct business as a secondhand dealer at any gun show or event without regard to the jurisdiction within this state that issued the secondhand dealer license. Provides that no additional fees or separate secondhand dealer license shall be required by any agency having jurisdiction over the locality where the gun show or event is conducted. Expressly excludes from the definition of "secondhand dealer" participants at gun shows or events who are not required to be licensed as firearms dealers, as specified. Provides that any person who conducts business as a secondhand dealer at any gun show or event outside the jurisdiction that issued the secondhand dealer license may be required to submit a duplicate of the transaction report prepared pursuant to this provision to the local law enforcement agency where the gun show or event is conducted. Provides that any person who conducts business as a secondhand dealer at any gun show or event outside the jurisdiction that issued the secondhand dealer license may be required to submit for inspection pursuant to this provision any firearm acquired at a gun show or event within 48 hours of the request of the local law enforcement agency in the jurisdiction where the gun show or event was conducted at a location specified by the local law enforcement agency. Chapter 924, Statutes of 1996 SB 1392 (Peace-D) - Firearms Revises provisions imposing enhanced penalties for the use of a firearm in the commission of a crime. Defines aggravated weapons violence as the commission of any of certain violent crimes with the personal discharge of a firearm resulting in great bodily injury and provide that it is punishable by imprisonment in the state prison for life with the possibility of parole. (Died in Senate Criminal Procedure Committee) SB 1409 (Ayala-D) - Crimes: Weapons Prohibits the possession and sale of a switchblade knife having a blade 2 or more inches in length. (Died in Senate Criminal Procedure Committee) SB 1448 (Monteith-R) - Sentencing: Firearms Provides that a person who is armed with or uses a firearm during the commission of specified felonies shall be punished by imprisonment in the state prison for 10 years, in addition to the punishment prescribed for the felony. If the firearm is discharged under those circumstances, the person would be punished by imprisonment in the state prison for 20 years, in addition to the punishment prescribed for the felony. If anyone was injured as a result of the firearm being discharged under those circumstances, the person would be punished by imprisonment in the state prison for a term of life, with the possibility of parole after 25 years, in addition to the punishment prescribed for the felony. (Died in Senate Criminal Procedure Committee) SB 1900 (Rogers-R) - Firearms: Restrictions Repeals existing prohibition providing that any person who has been convicted of specified misdemeanors from owning, or having in his or her possession or under his or her custody or control any firearm within 10 years of the conviction. (Died in Senate Criminal Procedure Committee) SB 2136 (Johannessen-R) - Firearms: Licenses to Carry Requires that a license to carry a concealed weapon state that any person who meets the requirements for issuance of a license may carry any lawful pistol, revolver, or other firearm capable of being concealed upon the person. (Died in Senate Criminal Procedure Committee) SCA 6 (Rogers-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 2nd 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. (Died in Senate Criminal Procedure Committee) SCR 36 (Polanco-D) - Former United States President George Bush Commends former United States President George Bush for his courageous and honorable stand against the inflammatory rhetoric of the National Rifle Association by resigning his lifetime membership. (Died at Assembly Desk) AB 53 (W. Murray-D) - Security Services Establishes procedures for the Director of Consumer Affairs to issue a permit allowing private investigators, private security services licensees, and alarm company operators and agents to carry a pistol, revolver, or other firearm capable of being concealed upon the person in a concealed manner in accordance with recommendations of the Concealed Weapons Permit Board, which would be created by the bill. Establishes the Concealed Weapons Permit Board, consisting of specified members, and sets forth its duties. Provides that on or after January 1, 1997, this procedure is the exclusive means whereby these persons may carry a concealed weapon, as specified. Provides procedures for the sheriff or the chief or other head of a municipal police department where the applicant for a permit resides or maintains a business to object to the issuance of a permit. Authorizes the director to adopt and enforce reasonable rules to establish qualifications to be a bodyguard. (Died on Assembly Inactive File) AB 113 (W. Murray-D) - Firearms: Curios or Relics 1. Provides an exemption from the waiting period for the delivery, sale or transfer by a licensed firearms dealer of a curio or relic handgun to a licensed collector with a current Department of Justice Certificate of Eligibility (COE). A COE is a fingerprint based background check. The certificate is issued annually. The transaction must still be registered with the Department of Justice (DOJ) on a DROS form as is the case under current law and all applicable fees paid as is the case with waiting period transactions. 2. Makes various technical and conforming changes to reflect Provision 1 above. 3. Exempts inoperable firearms received by the family of a police officer or deputy sheriff from a local agency pursuant to Government Code Section 50081 from having to be processed through a firearms dealer if the transaction is registered with the Department of Justice. 4. Exempts from the requirement that a person present to a dealer a basic firearm safety certificate if he or she is a licensed collector with a current COE if the firearm being delivered is an unloaded curio and relic handgun. 5. Makes technical and grammatical changes to concealed carry exemptions. Chapter 668, Statutes of 1996 AB 114 (Katz-D) - Destructive Devices Includes any metal military practice handgrenade or metal replica handgrenade in the existing prohibition relative to the manufacturing, sale or distribution of weapons or related products. Makes a first offense involving any metal military practice handgrenade or metal replica handgrenade an infraction unless the offender is an active participant in a criminal street gang. Includes within the prohibition of advertising specified weapons any destructive device, as defined, handgun ammunition designed primarily to penetrate metal or armor, boobytrap, or silencer. (Died in Senate Appropriations Committee) AB 132 (Battin-R) - Assault Weapons Revises the definition of an SKS firearm that is included in the list of designated firearms defined as assault weapons. (Failed passage in Senate Criminal Procedure Committee) AB 139 (Bowler-R) - Firearms: Theft or Receiving Stolen Property Authorizes the imposition of a 4, 7 or 10-year enhancement for theft involving a firearm or receiving a stolen firearm. (Failed passage in Senate Criminal Procedure Committee) AB 171 (Machado-D) - Firearms: Enhancements Prescribes an enhanced sentence of 2, 3 or 4 years for any person who is convicted of burglary, robbery or theft where the property involved is a firearm. (Died in Assembly Public Safety Committee) AB 248 (Baldwin-R) - Firearms: Enhancements Provides that any person who is convicted of a robbery or burglary in which he or she takes and arms himself or herself with a firearm shall upon conviction of that offense or attempted offense be punished by an additional term of 1, 2, or 3 years in the specified discretion of the court. (Failed passage in Assembly Appropriations Committee) AB 279 (Allen-R) - Weapons: School Buses Provides that it is a felony to possess a firearm on a school bus. (Died in Assembly Public Safety Committee) AB 577 (Villaraigosa-D) - Firearms: Trigger Locks Requires a person licensed to sell firearms to offer to sell with each firearm a trigger lock or similar device approved by the Attorney General that is designed to prevent the unintentional discharge of the firearm. (Failed passage in Assembly Public Safety Committee) AB 629 (Caldera-D) - Firearms Makes it a misdemeanor to manufacture or cause to be manufactured, import into the state, keep for sale, offer or expose for sale, give, lend, or possess any unduly hazardous handgun, as defined. Provides specified exceptions for specified law enforcement agencies and personnel. Provides that unduly hazardous handguns are nuisances, authorizes public prosecutors to bring an action to enjoin their manufacture, importation, sale, and possession, and makes these weapons subject to confiscation and summary destruction. (Failed passage in Assembly Public Safety Committee) AB 630 (Villaraigosa-D) - Firearms: Access: Minors Requires that every purchaser or transferee of any firearm keep the firearm locked and secured if left unattended in a dwelling, and report any stolen or lost firearm capable of being concealed upon the person. Provides that any person who fails to keep all firearms locked and secured when left unattended in a dwelling is guilty of a misdemeanor. Also provides that any person who fails to report the theft or loss of a firearm within 24 hours of his or her knowledge of this occurrence is guilty of an infraction. Specifies that any person who reports the theft of a firearm pursuant to this provision shall not be prosecuted for or on account of any fact, information, or act related to the report. (Failed passage in Assembly Public Safety Committee) AB 631 (Davis-D) - Firearms Provides that a person who keeps a pistol, revolver, or other firearm capable of being concealed upon the person within any premise that is under his or her custody or control and he or she knows or reasonably should know that a child under the age of 18 years is likely to gain access to that firearm without the permission of the child's parent or legal guardian and the child obtains access to that firearm and carries it off-premises, is guilty of a misdemeanor. This provision does not apply if the child obtains the firearm as a result of an illegal entry into any premises by any person, the firearm is kept in a locked container, or the firearm is equipped with a locking device. (Failed passage in Assembly Public Safety Committee) AB 632 (Katz-D) - Firearms Makes the offense of carrying a concealed weapon punishable only as a felony in the circumstance where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, or the person is an active participant in a criminal street gang, as defined, or the person is not in lawful possession of the firearm, as defined, or is within a class of persons prohibited by specified provisions from possessing or acquiring a firearm. Chapter 787, Statutes of 1996 AB 635 (Bowler-R) - Firearms: Report on Use Requires the Attorney General to provide the Legislature with a written report on the specific types of firearms used in the commission of crimes, as specified, based upon information obtained from state and local crime laboratories, on or before April 15 of each year, commencing in 1998. Chapter 559, Statutes of 1996 AB 638 (Knight-R) - Concealed Firearms Licenses Requires the issuance of a license to carry a firearm, within 15 days of receipt of the 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, desires legal means to carry a concealed firearm for lawful self-defense, and demonstrates competence with a firearm, as specified. Allows licensing authorities to deny an applicant a license to carry a concealed firearm if the licensing authority has prepared a sworn written statement alleging that the applicant is likely to use a weapon unlawfully or negligently. Requires that a copy of the statement be made available to the applicant at the time he or she is denied a license. Requires the licensing authority to deny an applicant a license to carry a concealed firearm if the licensing authority determines that the applicant is a member of a criminal street gang, and to revoke a license if the licensing authority determines that the licensee is a member of a criminal street gang. Requires the licensing authority to deny an applicant a license to carry a concealed weapon if the applicant has participated, within 10 years prior to the time of the application, in a domestic violence diversion program as a result of a complaint charging the applicant with a domestic violence offense. Requires the licensing authority to revoke the license if it determines that a licensee has so participated. Requires that, if the applicant has participated in a domestic violence diversion program as a result of a complaint charging the applicant with a domestic violence offense, the application also shall state that fact and the dates of the participation in the program. (Failed passage in Senate Criminal Procedure Committee) AB 798 (Lee-D) - Educational Brochure for Gun Owners Requires the Attorney General to pursue private funding for the development, production and distribution of an educational brochure to be distributed to potential gun owners at the time they apply for gun ownership. Implementation of the bill depends upon the receipt of private funds to defray state agency costs. (Died in Assembly Public Safety Committee) AB 892 (Rogan-R) - Firearms: Sentencing Provides that, notwithstanding any other law, a person who is charged as a principal in the commission of an offense who is armed with or uses a firearm during the commission of specified felonies shall be punished by an additional term of 10 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. If the firearm is discharged under those circumstances, the person would be punished by an additional term of 20 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. If anyone was injured as a result of the firearm being discharged under those circumstances, the person would be punished by an additional term of 25 years to life in the state prison, to be imposed consecutive to the punishment prescribed for the felony. (Failed passage in Senate Criminal Procedure Committee) AB 1017 (Rainey-R) - Unsafe Firearms Creates a cause of action in a purchaser of a pistol, revolver, or other firearm capable of being concealed upon the person against the manufacturer of that firearm if that firearm was manufactured on or after January 1, 1997, and does not comply with specified safety standards provided by this bill. (Failed passage on Assembly Floor) AB 1397* (Poochigian-R) - Violent Weapons Suppression Program Appropriates $1,200,000 from the General Fund to the Department of Justice to support the Violent Weapons Suppression Program and continue to assist local and federal law enforcement agencies in California. Chapter 12, Statutes of 1996 AB 1404 (Machado-D) - Weapons: Minors Makes a violation of the prohibition of selling a firearm to a minor punishable by imprisonment in the state prison for 2, 3, or 4 years. (Failed passage in Assembly Public Safety Committee) AB 1538 (Hawkins-R) - Firearms: Punishment Provides that any person who has been previously convicted of any of a list of specified violent offenses, including any person previously convicted of these offenses which conviction results from certification by the juvenile court for prosecution as an adult in adult court, and who owns or has in his or her possession or under his or her custody or control any firearm, is guilty of a felony and shall be punished by imprisonment in the state prison for 3, 4, or 5 years. (Failed passage in Assembly Appropriations Committee) AB 1908 (Bowler-R) - Stun Guns Defines "stun gun" and authorizes the purchase, possession and use of a remote stun gun. Provides that it is a wobbler to possess a remote stun gun in public buildings and a felony to assault a peace officer or school employee with a stun gun or taser. (Died in Assembly Appropriations Committee) AB 2164 (Knox-D) - Firearms Increases the term of imprisonment to a maximum 1 year in the county jail for carrying a loaded firearm while in any public place or on any public street. (Failed passage in Assembly Public Safety Committee) AB 2642 (Boland-R) - Firearms: Sentencing Provides that persons previously convicted of a felony or serious misdemeanor, or who are addicted to a narcotic drug, and who own or possess a firearm will be sentenced to 3, 4, or 5 years in prison. (Failed passage in Senate Criminal Procedure Committee) AB 2677 (Caldera-D) - Ammunition Prohibits any person from selling ammunition or reloaded ammunition for a firearm other than a shotgun or rifle to a person under 21 years of age. (Failed passage in Assembly Public Safety Committee) AB 3110 (Margett-R) - Unconventional pistols Includes in the definition of an "unconventional pistol" a firearm that, in addition to these barrel and overall length specifications, is designed or redesigned to fire a fixed shotgun shell greater than .410 caliber or to fire a fixed shotgun shell and the firearm does not require manual reloading after each shot. Also makes conforming and technical changes. (Died in Assembly Public Safety Committee) AB 3136 (Miller-R) - Firearms: Minors Makes a violation of the existing prohibition against selling a concealable weapon to any person under 21 years of age a felony where the violation involves the delivery of any firearm to a person who the dealer knows, or should know, is a minor. Provides that, in the case of any violation of the prohibition against selling, supplying, delivering, or giving possession or control of a firearm to a specified person who is prohibited from possessing a firearm, or in the case of a violation by a licensed firearms dealer of the prohibition against supplying, selling, delivering, or giving possession or control of any firearm to a person under 21 or 18 years of age, as specified, and where the firearm is subsequently used in the commission of a felony for which a conviction is obtained and the prescribed sentence is imposed, an additional term of imprisonment in the state prison for 1, 2, or 3 years shall be imposed in addition and consecutive to the sentence prescribed by law. Chapter 845, Statutes of 1996 AB 3314 (Baldwin-R) - Switch Blade Knives Provides that a switchblade knife does not include a knife that is designed to open with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade. Chapter 1054, Statutes of 1996 AB 3400 (Baugh-R) - Firearms: Waiting Period Exempts from existing waiting period provisions the sale, delivery, or transfer of a firearm to a person protected by a domestic violence order. Requires the person seeking to obtain the firearm to present to the firearms dealer a copy of a domestic violence order and the original of a written certification signed by a chief law enforcement officer stating that, pursuant to his or her information and belief, the person is not prohibited under specified provisions of law from possessing or acquiring firearms, that the person is at least 18 years of age, and that the person needs a firearm for personal protection before the waiting period would otherwise elapse, as provided. (Failed passage in Assembly Appropriations Committee) AJR 18 (Caldera-D) - Semiautomatic Assault Weapons Memorializes the President and the Congress of the United States not to repeal or otherwise weaken the federal Public Safety and Recreational Firearms Use Protection Act. (Died in Assembly Public Safety Committee) Victims' Rights SB 580 (Wright-R) - Parole: Restitution Authorizes the Department of Corrections to contract with the Franchise Tax Board or a private debt collection agency for purposes of collecting restitution payments on behalf of victims. Requires the department to develop, by January 1, 1998, an implementation plan for the collection and disbursement of victim restitution orders that are imposed as a condition of parole. Chapter 705, Statutes of 1996 SB 1685 (Kopp-I) - Restitution Makes numerous changes to the Penal Code relating to criminal restitution for victims, notification of victims of sentencing proceedings, requires the court to place a specific dollar amount of restitution from a defendant to a victim. Double-joined with AB 2898 (Bowler-R) in this section. Chapter 629, Statutes of 1996 SB 1983 (Haynes-R) - Victim Notification Program Authorizes the board of supervisors of each county, with the prior concurrence of the county sheriff, and the city council of each city, with the prior concurrence of the chief of police, to establish a notification procedure to provide notice of the release of any person incarcerated at, or arrested and released on bail from, a local detention facility under its jurisdiction to those victims of crime who have requested to be so notified. Authorizes a county or city and 2 or more counties or cities to contract with a private entity to implement this procedure. Appropriates $100,000 from the General Fund to the Board of Corrections for the purpose of providing grants to counties and cities to implement a victim notification program pursuant to this act. Chapter 1060, Statutes of 1996 SJR 55 (Haynes-R) - Victims' Rights Amendments Memorializes the Congress of the United States to act on the proposed victims' rights amendment that is before it and submit to the states an amendment to the Sixth Amendment to the Constitution of the United States. (Died in Senate Criminal Procedure Committee) AB 158 (Baca-D) - Victims and Witnesses: Notice Requires that victims of violent crimes as well as witnesses and family members of the victim be notified by both telephone and certified mail of any parole suitability hearing or the setting of a parole date. Authorizes any victim, witness, or next of kin of the victim, if the victim has died, to decline this notice. (Failed passage in Assembly Appropriations Committee) AB 270 (Kuykendall-R) - Witness Protection Appropriates $225,000 from the General Fund to the Division of Law Enforcement of the Department of Justice for the purpose of providing witness protection assistance to local law enforcement agencies. (Failed passage in Assembly Appropriations Committee) AB 573 (Goldsmith-R) - Restitution: Prison Damage Provides that upon conviction of a defendant for damage to a jail or prison or jail or prison property, the court may order the defendant to make restitution to the public entity that owns the property damaged by the defendant upon satisfaction of all outstanding fines, penalties, assessments, restitution fines, and restitution orders. Chapter 803, Statutes of 1996 AB 990 (Hawkins-R) - Prisoners: Parole: Restitution Specifies that a parolee may be subject to the extension of the period of parole up to twice the maximum period otherwise specified, if that parolee has not satisfied an order by the sentencing court to make restitution to the victim where restitution was ordered by the sentencing court and restitution was made a condition of parole. Authorizes the Board of Prison Terms and the Department of Corrections to require the parolee to make restitution to the victim, to the extent ordered by the sentencing court, as a condition of parole, authorizes the Department of Corrections to charge the parolee a fee to cover the reasonable costs of identifying and collecting this restitution, and authorizes the department to utilize a collection agency for purposes of collecting this restitution. (Died in Assembly Public Safety Committee) AB 1084 (Morrow-R) - Parole: Release Location Authorizes the releasing authority to consider the psychological well-being of the victim in making a decision as to where to parole a defendant. Prohibits a paroled inmate from being returned to a location within 100 miles of the actual residence of the victim or witness. (Refused passage on the Assembly Floor) AB 1151 (Alby-R) - Crimes: Statistics Requires the Department of Justice to collect specified criminal statistics, personal and social characteristics of crime victims, the relationship of the offender to the victim, and other relevant information. Requires the Attorney General to conduct an annual survey of California residents for the purpose of determining the impact of crime upon its victims, and requires the Department of Justice to develop a crime statistics system, to be known as the California incident-based reporting system, to collect data of sufficient detail to describe the total volume and seriousness of crime in this state. Appropriates $848,000 from the General Fund to the Department of Justice for the purpose of implementing specified provisions of this bill (Failed passage in Assembly Appropriations Committee) AB 1608* (Katz-D) - Victims Response Center Establishes a pilot project to establish the Victims Response Center in the San Fernando Valley to provide immediate medical treatment to victims and to develop a partnership between health care personnel, law enforcement prosecutors, and victim service providers involved in sexual assault, domestic violence, or child abuse investigations. (Died in Senate Appropriations Committee) AB 1716 (Bowen-D) - Crimes: Restitution Authorizes the court to order a person convicted of a crime in this state to reimburse the cost of judicial expenses incurred by a city, county, or city and county or this state and the cost of any other services that any governmental agency is required by law to provide to a victim after a hearing to determine the ability of the person to pay the reimbursement. (Failed passage in Assembly Public Safety Committee) AB 2690 (House-R) - Crimes: Restitution Authorizes a court to order that payments ordered by the court to meet the obligations of a parent or guardian of a juvenile ordered to pay restitution to a victim under existing law shall be deducted from specified public aid payments, as provided. (Died in Assembly Appropriations Committee) AB 2898 (Bowler-R) - Victims of Crimes Requires an applicant for Victims of Crime assistance to establish by a preponderance of the evidence that, as a direct result of a crime, he or she incurred an injury that resulted in a pecuniary loss; revises certain practices of the State Board of Control with regard to these provisions; and makes technical changes. Makes various changes to existing law regarding restitution orders and fines. Among other changes, provides that when a bench warrant issued for the nonpayment of base fines, any outstanding restitution fines are to be included; restitution fines have an unlimited life; a separate hearing is not required by the court setting the amount of a restitution fine; and that the defendant bears the burden of demonstrating the lack of his or her ability to pay. Chapter 1077, Statutes of 1996 AJR 67 (Alby-R) - Victims of Crime Ratifies a proposed amendment to the United States Constitution relating to protecting the rights of victims of crime. (Died in Assembly Public Safety Committee) AJR 69 (Bordonaro-R) - Victims' Rights Amendment Memorializes the Congress of the United States to act on the proposed victims' rights amendment that is before it and submit to the states an amendment to the Sixth Amendment to the Constitution of the United States. (Died in Senate Criminal Procedure Committee) Prisons and Prisoners SB 118 (Haynes-R) - Correctional Facilities Authorizes the Director of Correctional Facilities, with the consent of the Director of Finance, to enter into contracts for an additional 2,000 beds in community correctional facilities. Also authorizes the director to contract for the design, construction, and operation of a facility with a capacity for approximately 2,000 medium and minimum security inmates at a site to be determined by the contractor. Requires that substance abuse treatment programming be made available to inmates at this facility. Authorizes the department to construct and establish a 2,124-cell combination medium and maximum security prison in the vicinity of Delano in Kern County to be known as California State Prison-Kern County at Delano II, a 2,500-cell combination reception center and medium security prison on the grounds of the Richard J. Donovan Correctional Facility at Rock Mountain in San Diego County to be known as California State Prison-San Diego County II, and a 2,400- cell combination reception center in the vicinity of Sacramento in Sacramento County to be known as the Northern California Reception Center. Makes $256,700,000 available for capital outlay for the California State Prison-Kern County at Delano II, $281,800,000 available for capital outlay for the California State Prison-San Diego County II, and $236,800,000 available for capital outlay for the Northern California Reception Center. Authorizes the Director of Corrections to enter into long-term agreements not to exceed 20 years with a city, county, city or county, or other federally recognized governmental entity for the site acquisition, lease, or construction and lease of not more than 1 correctional facility for the incarceration of state prison inmates. Requires that the department be responsible for the operation of this facility and that the State Public Works Board approve any public debt issuances for the purpose of financing the facility. Authorizes a county sheriff, upon approval of the county board of supervisors, to enter into contracts for the construction or operation, or both, of local correctional facilities, as specified. Also authorizes a sheriff, upon approval of the county board of supervisors, to contract with other counties to house out-of-county offenders. 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. Requires the department, as a pilot project, to use the design-and- build method for the construction of the Northern California Reception Center. (Died on Assembly Floor) SB 138 (Polanco-D) - Punishment Options: Work Intensive Programs Requires the office or department responsible for distributing funds received by the state under the federal Violent Crime Control and Law Enforcement Act of 1994, in conjunction with agencies that are impacted by boot camps, including the Department of the Youth Authority and the Department of Corrections, to prepare a statewide plan for the development of work intensive programs for offenders on or before July 1, 1996. Requires the Board of Corrections to (1) establish minimum operational and program standards for the work intensive programs, (2) create a licensing and inspections process, and (3) establish a training and certification process for work intensive program staff. Requires the Department of Alcohol and Drug Programs to evaluate substance abuse counseling and treatment capabilities in all work intensive programs operating in the state and report the results to the Legislature on or before January 1, 1997. Requires the department to develop a model work intensive program. Requires the Job Training Program within the Employment Development Department to develop job training opportunities for graduates of work intensive programs. (Failed passage in Assembly Public Safety Committee) SB 165 (Polanco-D) - Work Intensive Programs: Pilot Project Requires the Office of Criminal Justice Planning to establish various 5-year pilot projects using funds from the Violent Crime Control and Law Enforcement Act of 1994. Provides that the pilot projects to be established include a camp for predelinquent juveniles, two camps that offer accelerated release dates to persons who have committed nonviolent offenses, one for confined juvenile offenders and one for imprisoned adult offenders, a camp at a level II or above state prison, a program at an existing conservation camp, and a camp at the California Rehabilitation Center at Norco. (Failed passage in Assembly Public Safety Committee) SB 393 (Rogers-R) - Prisons Authorizes the Department of Corrections to construct and establish a 2,544-bed combination medium and maximum security prison, together with a 100-bed Level I support service facility, in the City of Adelanto in San Bernardino County. (Died in Senate Criminal Procedure Committee) SB 617 (Polanco-D) - Rehabilitative Prison Enterprises Abolishes the Prison Industry Authority as of January 1, 2000, and establishes the Rehabilitative Prison Enterprise Corporation to lease correctional work program facilities and manage correctional work programs previously operated by the Prison Industry Authority at Department of Corrections facilities. Authorizes the corporation to provide services or products to governmental agencies or the private sector. Provides that the corporation's mission shall be to achieve financial self-sufficiency and to reduce recidivism by improving the employability of its inmate employees. (Died in Assembly Appropriations Committee) SB 760* (Lockyer-D) - Corrections Creates the State-Local Corrections Partnership Act for the purposes of transferring to participating local governments the responsibility for specified populations of the state prison and the Department of the Youth Authority. Requires that the act be phased in over a 4-year period, requires the sheriff, chief probation officer, and district attorney of each participating county to develop a community-based punishment plan and submit it to the board of supervisors and the sheriff for review and approval, and requires submission of the approved plan to the Board of Corrections by September 1, 1996. States the intent of the Legislature to place a general obligation bond measure on the ballot in 1996 to provide funding for the construction or remodeling of various local facilities, and to use specified federal funds for that purpose. (Died in Conference Committee) SB 898 (Leslie-R) - Prisoners: Trust Accounts States that a prisoner may waive the right to counsel, in writing. Sets forth the procedures for payment from an inmate's trust account if the inmate requests a state-appointed attorney for a hearing. Provides that if an inmate is found guilty of a disciplinary infraction which includes the intentional damage or destruction of real or personal property of another, he or she is liable to the owner of that property for an amount determined by the hearing office; and that amount is to be withdrawn from an inmate's trust account. (Died in Senate Criminal Procedure Committee) SB 1013 (Costa-D) - Correctional Officers Requires, beginning with the Budget Act of 1996, prison wardens and facility superintendents to ensure that money budgeted for specified positions is not diverted to fund any other position or purpose. Also applies this requirement to budget decisions made by other responsible administrators at each camp or parole region. (Died in Senate Criminal Procedure Committee) SB 1069 (Monteith-R) - Corrections: Health Service Delivery Authorizes the Director of Corrections to establish 2 4-year pilot programs under which the Department of Corrections would contract for health care services at selected state prisons. Repeals on January 1, 2002. (Died in Senate Criminal Procedure Committee) SB 1096 (Polanco-D) - Joint Committee on Prison Construction and Operations Recreates the Joint Committee on Prison Construction and Operations Committee, until January 1, 1999, to investigate and make recommendations on inmate population management issues. (Died in Senate Criminal Procedures Committee due to Senate Rule 29.10 violation) SB 1221 (Calderon-D) - Prisoners: Civil Rights Deletes from the enumerated civil rights of a state prisoner the right to have personal visits. Chapter 132, Statutes of 1996 SB 1279* (Costa-D) - Correctional Facilities Authorizes the construction of 1,850 new institutional beds at facilities under the jurisdiction of the Department of the Youth Authority. Authorizes the Board of Corrections to finance facilities operated by the Department of the Youth Authority using lease- purchase financing arrangements by the issuance of bonds or a General Fund appropriation for that purpose, and states the terms of that financing scheme. Appropriates an amount, not to exceed the amount of authorized by unsold bonds, from the General Fund for the construction of Youth Authority facilities. Creates the Youth Authority Construction Fund, which would be appropriated to the Department of the Youth Authority for the construction of the 1,850 institutional beds at Youth Authority facilities. (Died in Senate Appropriations Committee) SB 1298 (Johannessen-R) - Northern California Women's Facility Renames the Northern California Women's Facility in San Joaquin County the Northern California Correctional Facility, authorizes the facility to be used to house men or women, and repeals the 800-person housing capacity limitation. Appropriates an unspecified sum to the Department of Corrections for the purpose of making modifications to the facility so as to accommodate housing male medium security inmates. (Died in Senate Criminal Procedure Committee) SB 1493 (Johnson-R) - Government Liability Amends existing definition of "prisoner" to specify that a lawfully arrested person who is brought into a law enforcement facility for the purpose of being booked, as specified, becomes a prisoner, as a matter of law, at the time of his or her initial entry into a prison, jail, or penal or correctional facility, as specified. Chapter 395, Statutes of 1996 SB 1556* (Johnston-D) - Public Benefits: Incarcerated Individuals Establishes a statewide reporting system to identify jail inmates who are receiving public benefits for which they are ineligible while in jail. Sends identifying information to the Department of Social Services (DSS), which forwards the information to affected agencies of the state, federal and local governments which administer public benefits. Appropriates $230,000 from the General Fund to DSS for purposes of the bill in the 1996-97 fiscal year. Chapter 205, Statutes of 1996 SB 1600 (Leonard-R) - Prisoners: Discretionary Release Provides that the written notice required in existing law relative to any hearing to review or consider the parole suitability or setting of a parole date for a prisoner in a state prison be sent to the judge of the superior court before whom the prisoner was tried and convicted shall be sent by certified mail with return receipt requested. Authorizes the judge receiving this written notice to forward to the parole board specified information that is pertinent to the question of whether the parole board should grant parole or under what conditions parole should be granted. Provides that the parole board shall review and consider all information received and consider adjusting the terms or conditions of parole accordingly. Chapter 212, Statutes of 1996 SB 1616 (Leonard-R) - Prisoners: Hard Labor Program Requires that each inmate participate in a hard labor program for as close to 40 hours per week as is practicable, unless the warden determines that there is a medical or security reason why an inmate should not participate. Requires the Director of Corrections to develop a plan to implement a hard labor program in each correctional facility, to be operated both inside and outside prison boundaries. Specifies that the plan shall ensure that hard labor programs do not displace nonincarcerated workers, are not maintained in skill areas where a surplus of labor exists, and do not impair any existing contract for employment or services. (Failed passage in Senate Criminal Procedure Committee) SB 1714 (Marks-D) - Prisons Provides that the primary purpose of the California Institution for Men is to provide confinement, industrial and other training, treatment, and care to those offenders who seem capable of rehabilitation. Provides that it shall not be construed to modify, impair, or otherwise affect any contractual agreement that is in effect on the date the bill becomes effective, between the Department of Corrections and any collective bargaining unit, and that it shall not be used by the Department of Corrections to justify any change in staffing at the California Institution for Men. (Died in Assembly Public Safety Committee) SB 2078 (Costa-D) - County Correctional Facilities Enacts provisions to implement the Youthful and Adult Offender Local Facilities Bond Act of 1996, subject to approval of that act by the votes. Appropriates $350 million from the 1996 Youthful Offender Local Facilities Bond Fund and $350 million from the 1996 Adult Offender Local Facilities Bond Fund to the Board of Corrections for purposes of the act. (Died in Assembly Appropriations Committee) SB 2156 (Lewis-R) - Correctional Facilities: Privatization Enacts the California Correctional Facilities Privatization Act of 1996. (Died on Senate Floor) SCA 7 (Campbell-R) - Prisons Provides that the Legislature may authorize the construction and operation of prison facilities pursuant to contracts with private or public persons or entities. (Died in Senate Constitutional Amendments Committee) SCA 40 (Mountjoy-R) - Corrections Establishes the Correctional Facility Privatization Board to contract with private vendors and counties for the financing, construction, operation, maintenance, and management of both new and existing secure state correctional facilities. Provides for the privatization of existing correctional facilities pursuant to a specified schedule. (Died in Senate Criminal Procedure Committee) SCR 12 (Rogers-R) - County Correctional Facilities Encourages the Joint Legislative Committee on Prison Construction and Operation to assume primary responsibility for providing close legislative scrutiny over prison construction and operation. Sunsets the committee on January 1, 2001. (Died in Senate Criminal Procedure Committee) SCR 24 (Polanco-D) - Joint Legislative Committee on Prison Construction and Operations Creates the Joint Legislative Committee on Prison Construction and Operation to assume primary responsibility for providing close legislative scrutiny over prison construction and operation. Sunsets the committee on January 1, 2001. (Died in Senate Rules Committee) AB 1 (Aguiar-R) - Inmate Labor: Workers' Compensation Provides that an inmate of a state or local penal or correctional institution is not entitled to the workers' compensation benefits for injury or death arising out of assigned employment, including specified voluntary employment. Also provides that a person participating in a work furlough program is not entitled to workers' compensation benefits on account of an injury occurring during the course of that participation, as specified. (Failed passage in Senate Industrial Relations Committee) AB 58* (W. Murray-D) - Bond Act: Correctional Facilities Enacts the New Prison Construction Bond Act of 1995, which, if adopted, authorizes the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $450 million to provide for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult corrections facilities; to help mitigate capital costs of school districts impacted by those facilities; and for the purpose of refinancing interim debt incurred for these purposes. (Failed passage in Assembly Appropriations Committee) AB 69 (W. Murray-D) - Prison Education Programs Requires the Department of Corrections to identify all prisoners below a 9th-grade reading level, to provide them with an opportunity to acquire greater reading skills, and to demonstrate that literacy levels of inmates are increasing. Prohibits the placement of an inmate in a full-time job until he or she attains 9th-grade reading skills or in a part-time work, part-time education program until he or she attains 6th-grade reading skills, except as provided. Requires the Superintendent of Correctional Education to create an organization that centralizes authority for all educational efforts. (Failed passage in Assembly Public Safety Committee) AB 106 (Hauser-D) - Prison Industry Authority Requires the Prison Authority to purchase its lumber from vendors selling lumber from sources in this state, if it is comparable in price. (Died in Assembly Appropriations Committee) AB 226 (Boland-R) - Prisoners: Visits Prohibits a prisoner confined to a facility operated by the Department of Corrections from having unsupervised or overnight visits. (Failed passage in Assembly Public Safety Committee) AB 344 (Ducheny-D) - Prisons: Work Problems Requires the Department of Corrections to develop a plan to enable every eligible inmate imprisoned in any state prison to participate in a work, educational, or rehabilitation program by the year 2000. Requires that the plan create new work opportunities and expand and utilize existing programs. Requires the department to complete and present the plan to the Legislature no later than March 1, 1997. Requires that the department expend no more than $100,000 for the development of this plan. Vetoed by the Governor AB 411 (Bordonaro-R) - Prisoners: Overnight Visitation Provides that inmates who have been convicted of various specified crimes relating to murder, manslaughter, sex offenses, or a crime for which a sentence of death or life without the possibility of parole has been imposed, and inmates who have been denied parole or are housed in certain facilities, shall not have the right to, nor be permitted to have, overnight, unsupervised family visits. (Failed passage in Senate Criminal Procedure Committee) AB 454 (Hoge-R) - Parole: Violent Offenders Provides that parole release notices be sent to communities within 40 miles, rather than the current requirement of 25 miles, of the residence of a witness, victim or family member in cases involving violent offenders. (Failed passage in Assembly Appropriations Committee) AB 614 (Aguiar-R) - Prisoners: Parole Requires the Board of Prison Terms or the Department of Corrections to return an inmate to the county that was the last legal residence of the inmate prior to his or her incarceration, but permits the inmate to be returned to another county if that would be in the best interests of the public. Chapter 597, Statutes of 1996 AB 881 (Rogan-R) - Prisoners: Vexatious Litigants Requires the Department of Corrections to deny or take away 30 days of worktime credit if a prisoner is found by a court to be a vexatious litigant, as defined. Chapter 852, Statutes of 1996 AB 893 (Rogan-R) - Probation: Ineligibility Adds a person convicted of a violent felony or serious felony who was on probation for a felony offense at the time of the commission of the new offense to the list of persons ineligible for probation. Chapter 719, Statutes of 1996 AB 990 (Hawkins-R) - Parole Specifies that a parolee may be subject to an extension of the period of parole up to twice the maximum period otherwise specified, if that parolee has not satisfied an order by the sentencing court to make restitution to the victim where restitution was ordered by the sentencing court and restitution was made a condition of parole. Authorizes the Board of Prison Terms and the Department of Corrections to require the parolee to make restitution to the victim, to the extent ordered by the sentencing court, as a condition of parole, authorizes the Department of Corrections to charge the parolee a fee to cover the reasonable costs of identifying and collecting this restitution, and authorizes the department to utilize a collection agency for purposes of collecting this restitution. Requires the Department of Corrections to submit a report to the Legislature on or before January 1, 1999, that would include the number of cases in which a parolee was ordered to make restitution and the status of the collection of restitution pursuant to the above-mentioned provisions, and an evaluation of the impact of requiring that the department require restitution as a condition of parole for every parolee to whom a restitution condition would be appropriate. (Died in Assembly Public Safety Committee) AB 1084 (Morrow-R) - Parole: Release Location Authorizes the releasing authority of a parolee to consider the psychological well being of the victim in making a decision relative to release location. Prohibits a paroled inmate from being returned to a location within 100 miles of the actual residence of the victim or witness. (Refused passage on Assembly Floor) AB 1092 (Alby-R) - Prisoner: Release Provides that an inmate who is required to register as a sex offender may not be returned to any county in which the inmate committed an offense for which he or she is required to register as a sex offender. (Died in Assembly Public Safety Committee) AB 1232 (Hawkins-R) - Inmate Welfare Fund Provides that no state funds shall be deposited in the Inmate Welfare Fund for the benefit of prisoners and that state funds shall be used for only religious program costs, legislatively mandated community service costs, Arts-in-Corrections costs, or educational and vocational programs authorized by the Department of Corrections. Requires the money in the Inmate Welfare Fund to be expended to pay any charges related to housing, furniture, dishes, linen, television sets, and related items for family visiting, or to athletic, recreational, or other noneducational or nonvocational events, deletes the clause requiring the Department of Corrections to pay those charges out of any money appropriated for those purposes, and provides that the department shall be reimbursed from the fund for any charges paid in support of those purposes. (Died in Assembly Public Safety Committee) AB 1325 (Boland-R) - Prisons: Procedures Provides that a court may not order the removal and production of a prisoner sentenced to death in any action or proceeding in which the prisoner's parental rights are subject to adjudication. Requires that one citizen advisory committee serve every prison located in the same city or county, rather than 1 committee per prison, and increases the membership of citizens' advisory committees to not more than 15 members, 9 of whom shall be appointed by the warden in accordance with existing law. Requires that where a citizens' advisory committee serves more than one prison, the warden of each prison served by the committee shall collaborate with every other warden of a prison served by the committee for the purpose of appointing committee members. Provides that, if no demand or claim is made upon the Director of Corrections for the body of a deceased inmate, the director shall dispose of the body by cremation or burial, as provided, and specifies that any personal funds of the deceased inmate shall be applied to the payment of cremation or burial expenses and related charges in an amount not exceeding those expenses and charges. Chapter 805, Statutes of 1996 AB 1327 (McPherson-R) - Prisoners: Parole Prohibits an inmate who has not previously been incarcerated and who has served a term of imprisonment of at least 5 years, from being released early on parole unless he or she has attained the equivalent of a 6th grade education, or is deemed mentally or developmentally incapable of attaining that education, as determined by the director. (Died in Assembly Public Safety Committee) AB 1496* (Sher-D) - Sexually Violent Predators Provides for procedures to be followed relative to release of sexual predators. Chapter 4, Statutes of 1996 AB 1603 (Poochigian-R) - Prisoners: Discipline Deletes provisions in existing law that provide for restoration of forfeited worktime credits and provides, instead, that any credits forfeited for the commission of a disciplinary infraction shall not be restored. (Failed passage in Assembly Public Safety Committee) AB 2044 (Granlund-R) - Prison Labor: Chain Gangs Requires the Department of Corrections to implement a plan, on or before December 1, 1997, that requires selected inmates to perform labor wearing leg irons in chain-gang work groups. (Refused passage on Assembly Floor) AB 2087 (Battin-R) - Prisoners: Misconduct Credits Provides that any inmate removed from general prison population for engaging in any misconduct is ineligible to earn work or good behavior credits during the time away from the general prison population. Provides that an inmate whose conduct endangers the safety of others or the security of the institution may be housed in a specified security housing unit. Provides that these inmates shall have the same access to their attorneys as afforded to condemned inmates housed at San Quentin State Prison or the Central California's Women's Facility, as applicable. (Failed passage in Senate Criminal Procedure Committee) AB 2093 (Hauser-D) - Prisoners: Release on Parole Provides that an inmate who is to be released on parole from Pelican Bay State Prison in Del Norte County or Calipatria State Prison in Imperial County, the Department of Corrections shall physically transport the inmate, up to 30 days prior to his or her release, to the prison facility nearest to the inmate's county of parole. Applies this requirement only to an inmate who has served a part of his or her sentence in the Security Housing Unit at Pelican Bay State Prison or is a Level IV inmate at Calipatria State Prison, and is a condition of the inmate's parole. Provides that an inmate subject to this requirement who is sentenced after the effective date of this bill shall be released 1 or 2 days after his or her scheduled release date if the release date falls on the day before a weekend or holiday. Provides that an inmate subject to this requirement who was sentenced prior to the effective date of this bill shall be released 1 or 2 days before his or her scheduled release date if that date falls on the day before a weekend or holiday. (Failed passage in Assembly Public Safety Committee) AB 2112 (Goldsmith-R) - Board of Corrections: Composition Expands the Board of Corrections from 11 to 14 members while retaining the 3 ex officio members and including among the appointed members a chief probation officer from a county under 1,000,000, a manager or administrator of a county juvenile facility, one member with substantial experience or expertise in one or more specified areas, and a deputy sheriff of the rank of sergeant or below with a minimum of 5 years of experience, as specified, thereby increasing the number of appointed members to 11. Specifies that no 2 members of the board shall be from the same law enforcement agency. Provides that the term of each member appointed by the Governor before January 1, 1997, shall expire on that date, and authorizes the Governor to appoint persons to new terms, as specified. Vetoed by the Governor AB 2128 (W. Murray-D) - Prison Education Programs Requires the Department of Corrections and the Department of the Youth Authority to contract jointly for a comprehensive study on the effectiveness of the education programs offered in correctional facilities under the jurisdiction of each department. Requires that no more than $400,000 be spent for the purposes of the study from existing funds of the departments. Requires the departments to report jointly to the Legislature and the Governor on the findings of the report no later than 1 year after the effective date of the bill. (Failed passage in Assembly Public Safety Committee) AB 2217 (Bowler-R) - Jail Inmates: Medical Copayment Increases the fee for each inmate initiated medical visit from $3 to $5 and authorizes the imposition of a $5 copayment for each pharmaceutical product that is dispensed in connection with an inmate-initiated visit, if use of the product is related to a non life-threatening condition. Authorizes a sheriff, chief, or director of corrections, or chief of police to make annual increases to the fee or copayment not to exceed the annual increase in the Consumer Price Index. Instead of waiving the fee if the inmate has no money in his or her account at the time of the visit, authorizes the inmate's personal account to be debited the amount of the fee or copayment and to carry a negative balance until a deposit is made into that account. (Failed passage in Senate Criminal Procedure Committee) AB 2330 (Aguiar-R) - Prison Construction: Mitigation Costs Provides that the Department of Corrections shall include as part of the master plan mitigation for capital costs incurred by any local education agency, city, county, or city and county as a result of the construction, operation, and maintenance of new prison facilities, expansions of existing prison facilities, increases in the number of inmates housed in existing prison facilities, or any combination thereof. Provides that the capital costs shall be mitigated from appropriations provided in the statute that funds the prison facility activity and that the Department of Corrections shall disburse the mitigation funds directly to the county superintendent of schools for disbursement to impacted schools, and to local government entities for disbursement to impacted local government agencies. (Died in Assembly Appropriations Committee) AB 2335 (Bordonaro-R) - Mentally Disorder Prisoners Authorizes the evaluation of a mentally disordered prisoner prior to parole to be performed by a practicing psychiatrist or psychologist who is a designee of the Department of Corrections facility's health care manager, instead of by the person in charge of treating the prisoner. (Failed passage in Senate Criminal Procedure Committee) AB 2437 (Poochigian-R) - Correctional Facilities Authorizes the Department of Corrections to construct and establish 6 prisons, at sites to be determined by the department. Continuously appropriates funds derived from lease-purchase financing methods for those prisons. Authorizes the issuance of lease-purchase bonds or notes to finance the construction of those facilities. Makes $1,684,000,000 available for capital outlay for various purposes related to the construction of those facilities. (Died on Assembly Inactive File) AB 2548 (Baca-D) - Prisoners: Release on Parole Provides that an inmate may be returned to another county other than the county of commitment, if that would be in the best interests of the public. (Failed passage in Assembly Public Safety Committee) AB 2563 (Goldsmith-R) - Inmate Litigants Requires that, notwithstanding indigent status, inmates pay the full amount of court filing fees in all civil actions. Chapter 886, Statutes of 1996 AB 2778 (Boland-R) - Prisoners: Assault or Battery Provides that every person who commits an assault or battery against a peace officer or commits such an assault or battery that results in great bodily injury to that peace officer, while at or confined in any penal institution in this state, while being conveyed to or from the penal institution, or while under the custody of officials of the penal institution, shall be punished by a term of imprisonment in the state prison for 2, 3, or 4 years for the commission of an assault or battery or 4, 6, or 8 years, if the commission of either of these offenses results in great bodily injury to the peace officer. Specifies that this term shall be served consecutively. Requires every person convicted of any of these offenses to forfeit any confinement deductions earned for work performance or good behavior while confined in or committed to a local detention facility. (Failed passage in Senate Criminal Procedure Committee) AB 2946 (Vasconcellos-D) - Substance Abuse Treatment: Prisoners Requires the Director of Corrections to develop and implement 3 additional substance abuse treatment programs, based upon the existing Amity Institutional Substance Abuse Treatment Program, to provide 600 treatment slots. Appropriates $2,300,000 from the General Fund to the Department of Corrections to fund an additional 600 substance abuse treatment slots for inmates in California's at 3 state prisons for the 1996-97 fiscal year. (Failed passage in Assembly Public Safety Committee) AB 2947 (Vasconcellos-D) - Department of Corrections: Funds Requires the Department of Corrections to use an unspecified amount of funds, that are appropriated to the department in the annual Budget Act and allocated for middle management support in central operations, for training and psychological screening of new correctional officers. (Failed passage in Assembly Budget Committee) AB 2977 (Escutia-D) - Correctional Personnel Requires any person initially employed as state correctional personnel, on and after January 1, 1997, to be immunized for Hepatitis B within 1 year of employment. Requires all state correctional personnel employed in that capacity on January 1, 1997, to be immunized for hepatitis B no later than January 1, 1999, as a condition of continued employment. (Died in Assembly Appropriations Committee) AB 3093 (Villaraigosa-D) - Prison Inmates: Compassionate Release Authorizes courts to recall the sentence of an inmate based upon the recommendation of the Department of Corrections, the Board of Prison Terms or both, based on specified criteria concerning the inmate's medical condition. Vetoed by the Governor AB 3116* (Brulte-R) - County Correctional Facilities Enacts the Youthful and Adult Offender Local Facilities Bond Act of 1996 which, if adopted, authorizes, for purposes of constructing, renovating, remodeling, or replacement of county juvenile and adult correctional facilities, the issuance of $700 million in bonds pursuant to the State General Obligation Bond Law. Chapter 160, Statutes of 1996 AB 3277* (Setencich-R) - Prisons Deletes the appropriation in the Budget Act of 1996 and instead appropriates $6,512,000 from the 1990 Prison Construction Fund for construction of a transportation hub at the Deuel Vocational Institution at Tracy and for minor capital outlay projects. Chapter 744, Statutes of 1996 AB 3288 (Miller-R) - Prisons: Medical Testing Requires mandatory HIV, hepatitis B and C, and tuberculosis testing and hepatitis B vaccination of all inmates of state and correctional institutions, except an inmate whose infection with any of these diseases, or hepatitis B vaccination, has been confirmed, in accordance with a specified schedule. States the Legislature's intent that all inmates infected with any of these diseases be housed in facilities as deemed appropriate by the Director of Corrections based on medical and safety needs, unless the inmate has been vaccinated against the disease. (Failed passage in Senate Criminal Procedure Committee) AB 3315 (House-R) - Prisoners: Medical Visits Requires the Director of Corrections to charge a fee of $10 for each medical visit. Also requires the director to charge a $5 copayment for each pharmaceutical product that is dispensed in connection with an inmate-initiated visit, if use of the product is related to a non life-threatening condition. (Failed passage in Senate Criminal Procedure Committee) AB 3326 (Tucker-D) - Correctional Facilities: Construction Authorizes the Department of Corrections to construct and establish 1 new medium and maximum security prison and 2 new combination reception center and medium security prisons. Continuously appropriates funds derived from the lease-purchase financial methods for those prisons. Authorizes the issuance of lease-purchase bonds or notes to finance the construction of those facilities. Authorizes the use of inmate labor to construct the vocational and educational facilities to be constructed in conjunction with the prison facilities. (Died in Assembly Public Safety Committee) AB 3378 (Brown-D) - Correctional Institution: HIV Revises the existing appeals process for mandated HIV testing of persons in prison or custody to ensure that a timely review occurs. Chapter 1107, Statutes of 1996 AB 3461* (Brulte-R) - Correctional Facilities Authorizes the Department of Corrections to construct and establish 9 prisons, at sites to be determined by the department. Continuously appropriates funds derived from lease-purchase financing methods for those prisons. Authorizes the issuance of lease-purchase bonds or notes to finance the construction of those facilities. Makes an unspecified amount available for capital outlay for various purposes related to the construction of those correctional facilities. (Died in Assembly Public Safety Committee) AJR 48 (Conroy-R) - Illegal Aliens Requests the U.S. Congress and the President to station an Immigration and Naturalization Service officer at each detention facility in California to begin the deportation proceedings on undocumented immigrants as soon as they are detected to ensure they are not released into the community. Resolution Chapter 24, Statutes of 1996 Law Enforcement SB 8 (Peace-D) - Local Public Safety Services Requires, for the 1997-98 fiscal year and each fiscal year thereafter, that specified sales and use tax revenues be allocated to eligible cities within the County of San Diego that provide public safety services in accordance with an allocation factor from each city within the county, as provided. Chapter 1021, Statutes of 1996 SB 43 (Solis-D) - Peace Officers: Stress Reduction Courses Requires the Commission on Peace Officer Standards and Training to implement by July 1, 1997, an optional course of instruction to help law enforcement officers in coping with stress. (Failed passage in Assembly Public Safety Committee) SB 282 (Johannessen-R) - Public Safety Officers: Procedural Bill of Rights Prohibits any punitive action, or denial of promotion on grounds other than merit, from being undertaken for any act, omission, or other allegation of misconduct occurring on or after January 1, 1997, if the investigation of the allegation is not completed within 1 year of the public agency' s discovery of the allegation of an act, omission, or other misconduct, except in specified circumstances. Also provides that if, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline on a public safety officer, the public agency shall notify the public safety officer in writing of its intent to impose discipline, including the date the intended discipline will be imposed, within 30 days of its decision. Prohibits complaints by members of the public that are determined by the public safety officer's employer to be "unfounded" or "exonerated" from being maintained in an officer's general personnel file. However, deems these records to be personnel records for purposes of other specified provisions. Vetoed by the Governor SB 357 (Polanco-D) - Peace Officers Provides that designated employees of the Franchise Tax Board are peace officers, provided that the primary duty of these peace officers is the enforcement of specified provisions of the Revenue and Taxation Code. (Failed passage on the Assembly Floor) SB 527 (Alquist-D) - Criminal Offender Record Information Requires the Department of Justice (DOJ) to implement a program, to be known as Cal-ID, to utilize appropriate technology, including Cal-ID, Automated Criminal History System, and California Photo and Palm Prints, in combination to facilitate local, state, and national identification and criminal history needs. Requires DOJ to take all reasonable measures to ensure the security of the program. Requires, notwithstanding the specified distribution for fines and forfeitures, the court to impose upon the defendant an additional penalty of $28 for each conviction of a violation of specified Vehicle Code provisions for deposit in the Fingerprint Fees Account to be used by the Department of Justice for the implementation of the Cal-ID program and to procure equipment to implement the program. Authorizes the county where the conviction was processed to retain 5% of the $28 penalty to cover administrative costs. (Died on Senate Floor awaiting concurrence) SB 554 (Campbell-R) - Sobriety Checkpoint Pilot Program Appropriates an unspecified sum from the General Fund to the Office of Criminal Justice Planning for the purpose of allocating those funds to an unspecified city to establish a pilot program to permit local law enforcement agencies to stop and frisk occupants of motor vehicles for weapons at randomly established sobriety checkpoints, as specified. (Died in Senate Criminal Procedure Committee) SB 920 (Alquist-D) - Statewide Integrated Narcotics System Requires the Department of Justice to support and enhance the efforts of the criminal justice community to identify, locate, apprehend and prosecute narcotic offenders by developing an implementation plan, policy guidelines, and administrative procedures to facilitate the implementation and use of the Statewide Integrated Narcotics System (SINS). Requires the department to provide a 24-hour Technical System Support Center to assist law enforcement in the technical management and use of SINS. Also requires each participating county or group of counties to establish a local SINS board and requires the Attorney General to submit an annual status report to the Legislature. (Died on Assembly Inactive File) SB 932 (Polanco-D) - Law Enforcement Apprenticeship Program Appropriates $500,000 from the General Fund to the Office of Criminal Justice Planning for the purpose of establishing the Law Enforcement Apprenticeship Program pilot project. Requires the California Police and Sheriffs' Foundation to organize and operate the program, and to evaluate the program and present its findings to the Legislature, as specified. Sunsets the project on January 1, 1998. (Died in Senate Criminal Procedure Committee) SB 1008 (Costa-D) - Peace Officers Provides that a correctional officer employed by the County of Fresno and supervised by the Sheriff of the County of Fresno is a peace officer but does not have the right to possess a firearm in the performance of his or her prescribed duties, except as specified. (Died in Senate Criminal Procedure Committee) SB 1024 (Johnston-D) - Peace Officers: Commercial Security Authorizes local governments to contract on behalf of law enforcement to provide supplemental law enforcement services to private individuals or entities at the business premises of those private individuals or entities. (Died in Assembly Local Government Committee) SB 1134 (Hayden-D) - Peace Officers: Health Facilities Requires the Commission on Peace Officer Standards and Training to develop guidelines and a course of instruction and training on responding to, and enforcement of, state and federal laws governing the access and security of health care facilities and hospitals, for law enforcement officers who are employed as peace officers or who are not yet employed as peace officers but are enrolled in a training academy for law enforcement officers. Requires the course of basic training for law enforcement officers, no later than January 1, 1997, to include adequate instruction in procedures and techniques relating to clinic violence. (Failed passage in Assembly Public Safety Committee) SB 1154 (O'Connell-D) - Community Policing Programs Continuously appropriates from the General Fund to the Controller the amount necessary to reimburse a city, county, school district, or other local entity for the nonfederal contribution to the costs of a community policing program, project, or activity required as a condition of a grant. (Failed passage in Senate Criminal Procedure Committee) SB 1205 (Hughes-D) - California Museum of Science and Industry Authorizes the Executive Director of the California Museum of Science and Industry to appoint other safety officers who have the powers of arrest, as specified in certain other provisions of the Penal Code. Chapter 709, Statutes of 1996 SB 1293 (Maddy-R) - Law Enforcement Assessments Authorizes the establishment of an assessment district in Fresno County for law enforcement enhancement purposes pursuant to procedures prescribed by this bill. (Died in Assembly Local Government Committee) SB 1375 (Peace-D) - Security Services and Public Employment Requires the licensure of peace officers who contract to provide security services or who contract as an armed private investigator. Exempts peace officers who are employed as private investigators, from required training in powers of arrest and use of firearms. Requires local law enforcement agencies to adopt rules regarding incompatible outside employment by officers. Provides that the rules regarding specified incompatible outside employment may not be used to determine compensation in a collective bargaining agreement. Increases the penalty for misdemeanor violations of licensure requirements for private investigators and private patrol operators, and specifies what share of the penalty the prosecuting entity would retain. Prohibits licensure following a conviction for specified periods. Provides that a registered process server is exempt from licensure requirements as a private investigator. Chapter 710, Statutes of 1996 SB 1407 (Ayala-D) - Crimes: Arrest Authorizes a peace officer to use any necessary force to arrest, prevent the escape, or overcome the resistance of a person whom the officer has reasonable cause to believe has committed a violent felony. (Died in Senate Criminal Protection Committee) SB 1438 (Kelley-R) - Fingerprinting and Access to Criminal Records Provides that provisions which were repealed as of January 1, 1996 and permitted Riverside County to require that specified prospective employees be fingerprinted in order to obtain a record of criminal convictions, be reenacted and apply to all counties. Sunsets January 1, 2001. Chapter 173, Statutes of 1996 SB 1519 (Johnson-R) - Department of Justice: Internet Directory Requires the Department of Justice to establish and maintain a publicly accessible computer Internet directory of information relating to persons for whom an arrest warrant has been issued pursuant to violations of any offense defined as a violent felony, critical missing children, and unsolved homicides. Chapter 258, Statutes of 1996 SB 1646 (Johnson-R) - Civil Liability: Peace Officers Provides that any peace officer who apprehends or attempts to apprehend a person for the commission of a felony is immune from civil liability, except as specified. Provides that the proprietor of a business, and specified other persons, do 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, as specified. (Sent to Senate Judiciary Committee due to a Senate Rule 29.10 violation; Assembly amendments failed passage in committee) SB 1672 (Rosenthal-D) - Investigators: Department of Insurance Provides that investigators of the Investigations Bureau of the Department of Insurance, who are designated by the Chief of the Investigations Bureau, are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants during the course and within the scope of their employment if they receive a course in the exercise of those powers, provided that the primary duty of these persons shall be the enforcement of the Insurance Code and other laws relating to persons and businesses who are engaged in the business of insurance. Chapter 1066, Statutes of 1996 SB 1797* (Thompson-D) - Peace Officers Requires convicted arsonists to register with the chief of police of any state university if they are domiciled on the campus where the chief has jurisdiction. Expressly includes all persons designated by a Native American tribe recognized by the United States Secretary of the Interior, who are deputized by the county sheriff as reserve or auxiliary sheriffs or reserve deputy sheriffs, among those reserve officers who are considered peace officers, if they satisfactorily complete an introductory course of training. Provides that federal officers of the Bureau of Land Management have no authority to enforce California statutes without the written consent of the sheriff or the chief of police in whose jurisdiction they are assigned. Chapter 1142, Statutes of 1996 SB 1902 (Rogers-R) - Peace Officers: Arrests: Liability Provides that nothing in existing immunity provisions of law exonerates the actions of a peace officer employed by a public entity in carrying out an arrest warrant, if the peace officer fails to execute an arrest warrant in compliance with specified law, or if, in making an arrest of a person or in detaining a person during the arrest of another, regardless of whether there is a warrant, the peace officer uses unreasonable or unnecessary force to apprehend and arrest, or to detain, the person. Provides that a peace officer may arrest a person in obedience to the original or a copy of a valid warrant signed by a judge commanding that the person be arrested, provided that the warrant is, at the time of arrest, in the officer's possession or at the officer's place of work. Provides that a peace officer may arrest a person without a warrant if any crime has been or is being committed by the person in the peace officer's presence or if the peace officer has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested. Provides that in executing an arrest, peace officers shall use only reasonable and necessary force in apprehending a suspect. Provides that a person has a right of action against a peace officer, and the public entity for which the peace officer was acting, for civil damages, as specified, if the person was arrested or detained by a peace officer based upon an invalid arrest warrant, or if the peace officer used unreasonable or unnecessary force to apprehend and arrest or detain the person. (Died in Senate Criminal Procedure Committee) SB 1985 (Dills-D) - School Crimes: Reports Includes each county sheriff in the list of those who currently receive from the county superintendent of schools a summary of school district crime reports. Chapter 485, Statutes of 1996 SB 1989 (Thompson-D) - Housing: P.O.L.I.C.E. Home Pilot Program Establishes the Peace Officers Living in Inner City Environments Home Pilot Program, or the P.O.L.I.C.E. Home Pilot Program, a home financing program. Provides that the P.O.L.I.C.E. Home Pilot Program is intended to encourage peace officers, through various economic incentives, to move into and become active community members in high crime neighborhoods, as specified. Makes an appropriation of $60,000 from the General Fund to the City of Vallejo, to be delivered to the city no later than March 31, 1997, to administer the program at the local level, as specified. Declares that it shall remain in effect only until January 1, 2000. Vetoed by the Governor SB 2076 (Haynes-R) - Custodial Officers: Riverside County and Kern County Provides that Riverside County and Kern County be included in the current definition of a custodial officer specifying they are a public officer, not a peace officer, employed by a law enforcement agency of specified counties. Provides that this custodial officer may carry or possess a firearm while engaged in specified duties under the direction of a sheriff or chief of police. Chapter 486, Statutes of 1996 SB 2172 (Hayden-D) - Commission on Peace Officer Standards and Training Appropriates $2 million from the General Fund to the Commission on Peace Officer Standards and Training for the purpose of contracting with regional social tolerance resource centers to provide training to peace officers. (Died in Senate Criminal Procedure Committee) SJR 47 (Solis-D) - High Speed Pursuits: Quad-State Program Requests that the California Commission on Peace Officer Standards and Training (1) review their guidelines on law enforcement vehicle pursuit, including guidelines on appropriate use of force when taking suspects into custody after such pursuits, as specified, and (2) report to the Legislature by January 31, 1997. Requests that the Governor of California initiate a quad-state task force to develop and coordinate border enforcement policies, as specified, that would prevent future abuse and unlawful treatment of suspected undocumented immigrants, as well as protect the public, law enforcement and suspects during such pursuits. (Died on Senate Inactive File) AB 41 (Baca-D) - Public Property: Security Requires that the State Capitol Building be equipped with metal detectors and X-ray machines at each of the first floor entrances. Requires any person, including a peace officer, who is in possession of a firearm to notify the California State Police. The individual may be requested to surrender that weapon while in the building. (Failed passage in Assembly Judiciary Committee) AB 270 (Kuykendall-R) - Witness Protection Appropriates $225,000 from the General Fund to the Division of Law Enforcement of the Department of Justice for the purpose of providing witness protection assistance to local law enforcement agencies. (Failed passage in Assembly Public Safety Committee) AB 294* (Tucker-D) - Peace Officers Provides that designated employees of the Franchise Tax Board are peace officers, provided that the primary duty of these peace officers is the enforcement of specified provisions of the Revenue and Taxation Code. (Failed passage in Assembly Appropriations Committee) AB 321* (Baca-D) - Correctional Peace Officers Approves provisions that require the expenditure of funds, a memorandum of understanding entered into with State Bargaining Unit 6, California Correctional Peace Officers' Association, and specifies that the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the memorandum of understanding is approved by the Legislature in legislation other than the annual Budget Act. (Died in Senate Criminal Procedure Committee) AB 540 (Morrissey-R) - Peace Officers Provides that the existing procedure to investigate citizens' complaints against its personnel must require a final decision to be made on a meritorious complaint within 6 months after the investigation of complaints made by state prisoners or by wards of the Department of the Youth Authority. (Died in Assembly Public Safety Committee) AB 565 (Kaloogian-R) - Governmental Tort Liability Provides that a public entity is not liable for personal injury or death proximately caused by the use of reasonable force under the circumstances by a peace officer in its employ. Authorizes a public entity to pay a judgment rendered against a peace officer for injuries caused by the use of excessive force under specified circumstances. (Died on Assembly Inactive File) AB 574 (Villaraigosa-D) - Peace Officers: Training Provides that any deputy sheriff of Los Angeles County who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state-of-emergency. Chapter 950, Statutes of 1996 - Item Veto AB 688 (Frusetta-R) - Public Records Adds employees and specified family members of a marshal's office and any state law enforcement agency to the list of individuals whose residential addresses and phone numbers are confidential under the Vehicle and Penal Codes. (Died in Senate Criminal Procedure Committee) AB 857 (Woods-R) - In-Home Supportive Service Providers: Criminal Record Checks Requires the Department of Justice to secure criminal records within the last 10 years of a felony or other specified offenses of a recipient of in-home services contracts by the county. Chapter 911, Statutes of 1996 AB 890 (Rogan-R) - Peace Officers: Concealed Weapon Exemption Requires Level I reserve peace officers employed or appointed after January 1, 1997, to complete the basic course for deputy sheriffs and police officers prescribed by the Commission on Peace Officer Standards and Training, or its equivalent, in order to qualify for the exemption. (Failed passage in Senate Criminal Procedure Committee) AB 1020 (Campbell-D) - Public Safety Training Facility Bond Act of 1995 Enacts the Public Safety Training Facility Bond Act of 1995 which, if adopted, authorizes, for purposes of financing the development and construction of public safety training facilities, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $850 million. (Failed passage in Assembly Public Safety Committee) AB 1396 (Poochigian-R) - Confidential Information Adds nonsworn employees of the Department of Justice, authorized to conduct investigations or appear in court, to the list of persons whose addresses are confidential. (Died in Senate Criminal Procedure Committee) AB 1478 (Martinez-D) - Peace Officers: BART Provides that police officers of the San Francisco Bay Area Rapid Transit District Police are peace officers whose authority extends to any place in the state, as specified. Authorizes these peace officers to carry a loaded firearm, and receive additional benefits 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. (Died in Senate Criminal Procedure Committee) AB 1562* (Alby-R) - Sex Offenders: Disclosure by Law Enforcement Officers Authorizes law enforcement officers to disclose information regarding offenders that is necessary to protect the public, which may include the identities and locations of these offenders, under specified circumstances. Requires the Department of Justice, on or before July 1, 1997, to provide a CD-ROM or other electronic medium containing this information to specified law enforcement agencies. Requires these law enforcement agencies to make the CD-ROM or other electronic medium available for public viewing. Makes unauthorized removal or destruction of the CD-ROM or other electronic medium a misdemeanor. Chapter 908, Statutes of 1996 AB 1762 (Goldsmith-R) - Indian Lands: Safety Services Authorizes a city or county to enter into a contract with an Indian tribe for the city or county to provide fire protection services and police or sheriff protection services for the Indian tribe either solely on Indian lands, or on the Indian lands and territory adjacent to those lands. Chapter 1085, Statutes of 1996 AB 2176 (Miller-R) - Peace Officers: Disciplinary Investigation Provides that a department or agency which employs peace officers may release factual information concerning disciplinary investigation if the peace officer who is the subject of the disciplinary investigation, or the peace officer's agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Chapter 220, Statutes of 1996 AB 2301 (Battin-R) - Peace Officers: Tactical Radio Channel Requires the Commission on Peace Officer Standards and Training to develop and field a 10- code peace officer (brevity) radio code system. Requires all law enforcement agencies to implement the radio code system for daily use. Requires the course of basic training for law enforcement officers to include an 8-hour course of instruction based on the radio code system. Requires all state and local law enforcement agencies to develop and implement a common tactical radio channel in conjunction with each agency's neighboring law enforcement agencies. Requires mutual aid agreements between law enforcement agencies to include specified provisions, including, but not limited to, quarterly tests of the common tactical radio channel. Requires each law enforcement agency to submit to the commission the dates selected for tests of the common tactical radio channel. (Died in Assembly Public Safety Committee) AB 2350 (Morrissey-R) - Law Enforcement: Dogs: Horses Provides, with respect to the death or destruction of a horse or dog being used by or under the supervision of a peace officer, that a person who personally causes the death or destruction of such a horse or dog shall be punished by imprisonment in the state prison for 28 months or 3 or 4 years. (Died on Senate Floor) AB 2637 (Bowler-R) - Peace Officers: False Claims Provides that a person is guilty of a misdemeanor if he or she files a civil claim against a peace officer or a lien against the officer's property knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out his or her official duties. Chapter 586, Statutes of 1996 AB 2645 (Morrissey-R) - Security Services: Firearms Allows firearms qualification cards to be issued for 2 years to private security guards and security personnel employed by private alarm companies and provides for a commensurate fee increase. Chapter 734, Statutes of 1996 AB 2651 (Hawkins-R) - Sheriff's Security Officers Creates a new category of sheriff's security officers to perform duties which are currently performed by security guards regulated by the Department of Consumer Affairs. Chapter 143, Statutes of 1996 AB 2693 (W. Murray-D) - Peace Officers: College Campus Amends various peace officer related provisions to include peace officers employed by the University of California and the California State University police departments, which would treat university police officers similarly to other peace officers. (Died in Assembly Appropriations Committee) AB 3021 (Napolitano-D) - Impersonating an Officer Creates the wobbler of impersonating a peace officer by using a badge or other identification or by using or making a counterfeit badge or other identification. (Died in Senate Appropriations Committee) AB 3033 (Baca-D) - Vehicles: Department of Motor Vehicles: Records Adds nonsworn employees of law enforcement agencies who, in the normal course of their duties, as verified by their employing agencies, are required to come in direct contact with inmates or wards for purposes of securing and safeguarding the property of inmates or wards or keeping records pertaining to them, whose addresses, upon request, are confidential. (Failed passage in Senate Criminal Procedure Committee) AB 3064 (Hawkins-R) - Commission on Peace Officer Standards and Training Requires Peace Officer Standards and Training (POST) to establish, by December 31, 1997, a voluntary professional certification program for law enforcement records supervisors, as specified. Requires POST to develop regulations and professional standards on or before July 1, 1996, for the law enforcement accreditation program to require that action when funding for that purpose is approved by the Legislature. Chapter 591, Statutes of 1996 AB 3156* (Martinez-D) - Law Enforcement: Los Angeles County Metropolitan Transportation Authority Requires that, effective January 1, 1997, the transit police department of the Los Angeles County Metropolitan Transportation Authority be consolidated with the Los Angeles County Sheriff's Department or the Los Angeles Police Department, or both. Requires the county board of supervisors, the city council, and the authority to commence public hearings regarding the consolidation no later than September 30, 1996. Makes provisions for the status and rights of the affected employees. (Died in Assembly Local Government Committee) AB 3169 (Martinez-D) - Law Enforcement: Vests Strongly urges the legislative body of a local agency to furnish a protective vest to each newly hired police officer and deputy sheriff employed full time. Chapter 65, Statutes of 1996 AB 3229* (Brulte-R) - Supplemental Law Enforcement Services Fund Enables the statewide allocation of $100 million in General Fund monies to specified local entities which have created a Supplemental Law Enforcement Services Fund. Chapter 134, Statutes of 1996 AB 3391 (Ducheny-D) - Department of Motor Vehicles: Records: Home Address Provides that the home address of specified nonsworn forensic science employees of a city police department and county sheriff's office, appearing in any records of the Department of Motor Vehicles, is confidential and may not be disclosed, except as specified. (Died in Assembly Transportation Committee) AB 3398 (Knox-D) - Forensic Science 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 criminal forensic science laboratories located within specified local agencies. (Died in Assembly Appropriations Committee) AB 3434 (House-R) - Peace Officers: Personnel Files Requires that complaints against peace officers by members of the public that are determined to be frivolous conduct shall not be retained in the officer's general personnel file. Chapter 1108, Statutes of 1996 Family Law SB 144 (Calderon-D) - Child Support, Custody, and Visitation: Concealment Authorizes a parent to file a motion requesting a finding that the other parent has concealed a child who is the subject of a custody or visitation order and requesting an order to modify or enforce that order; and authorizes an obligor parent to request a finding of concealment and to request the court to modify, terminate, or stay the enforcement of a support order. Adds provisions to the general law regarding modification or termination of support to authorize a child support obligor to file a motion to modify, terminate, or suspend current support. Requires the court to order the child abduction unit of the district attorney's office to locate the obligee parent and child and bring them before the court if the obligee parent does not appear at the initial hearing on the alleged concealment. Authorizes the court to make a finding of concealment, modify, suspend, or terminate the obligor's duty of support retroactive to the date of filing of the motion, and grant other relief as the court deems appropriate. Authorizes a court to issue a warrant in lieu of a writ to secure the presence of the child before the court without the parent. Authorizes the court to temporarily or permanently stay the enforcement of arrearages, as specified. (Refused passage on Assembly Floor) SB 235 (Hughes-D) - Child Support: Administrative Adjudication Establishes the Division of Child Support Enforcement in the Office of Administrative Law, and provides for the administrative adjudication of child support obligations. Establishes procedures for hearings to establish child support and paternity, the enforcement and modification of support obligations so established, and for judicial review of final orders issued by an administrative law judge. (Died in Senate Judiciary Committee) SB 319 (Solis-D) - Child Support: Collection Requires a financial institution, as defined, to report to the Franchise Tax Board, according to a specified schedule, certain information regarding persons identified as delinquent child support obligors that maintain an account at the financial institution. Permits the board to use the information to collect delinquent child support, as specified. (Died in Senate Judiciary Committee) SB 380 (Killea-I) - Adoption Provides that any person or entity that accepts a fee which is contingent on the placement or promise of the placement of a child for adoption is guilty of a misdemeanor. Provides that any person, other than a licensed attorney or an organization, association, or corporation holding a valid and unrevoked license to place children for adoption, that accepts compensation in connection with locating, procuring, seeking, or advertising for a birth parent to place, or any other person to receive, a child for adoption is guilty of an infraction. Authorizes licensed mental health professionals to receive reasonable fees for adoption counseling, as provided. Prescribes a fine for the violation of any of the provisions described above, to be deposited in the county children's trust fund in each county that established the fund. (Died in Senate Judiciary Committee) SB 384 (Haynes-R) - Children: Custody Provides that the court shall consider the habitual or continual illegal use of controlled substances or the habitual or continual alcohol abuse by either parent. Double-joined with AB 2474 (Kuehl-D). Chapter 836, Statutes of 1996 SB 389 (Kopp-I) - Family Law: Dissolution of Marriage Enacts special procedures for judicial case management, applicable to dissolution actions, upon stipulation of the parties. Authorizes the Judicial Council to modify these procedures by rule. Requires all dissolution actions, to the greatest extent possible, to be assigned to the same superior court department for all purposes. Makes these provisions operative on July 1, 1997. Chapter 56, Statutes of 1996 SB 407 (Hughes-D) - Child Support Enforcement Establishes the Department of Child Support Enforcement in the Health and Welfare Agency, and specifies the responsibilities of the department for the enforcement of child support obligations in the state. Establishes procedures for the determination of child support responsibilities and the enforcement of spousal and child support responsibilities. Requires the department to begin implementation of these provisions by July 1, 1996, and requires the department to administer the child support enforcement program in a county within 6 months of the date that the county handles 90% of child support cases through the Statewide Automated Child Support System, or no later than January 1, 1998. Provides, however, that implementation of these provisions would not proceed if the Department of Finance, by May 31, 1996, determines higher net costs to the state, as specified. Requires the Chair of the Senate Rules Committee and the Speaker of the Assembly to appoint a task force to review the performance of the Department of Child Support Enforcement. Requires the Department of Personnel Administration, by May 1, 1996, and in consultation with specified entities, to submit recommendations to appropriate committees of the Legislature concerning staffing of the department. Appropriates funds by providing that any federal incentive funds paid to the state pursuant to the Title IV-D program which exceed the state's cost of administering the program shall be used to the extent allowable by federal law to support the child support enforcement services of the Department of Child Support Enforcement. Authorizes the Department of Child Support Enforcement created by the bill to perform the functions currently performed by the district attorneys and the State Department of Social Services. (Died in Senate Judiciary Committee) SB 421 (Hurtt-R) - Child Support Enforcement of Children Receiving AFDC Authorizes any district attorney to contract with a private attorney to take action to enforce AFDC obligations and to provide for the termination of the contract and further enforcement activities by the private attorney, and specifies the qualifications of an attorney with whom the district attorney may contract for those purposes. (Died in Senate Judiciary Committee) SB 468 (Mello-D) - Support Enforcement Enacts procedures for the enforcement of support obligations, whereby the Department of Social Services would provide to the Public Employees' Retirement System information on support judgments and orders being enforced by district attorneys. Requires the Public Employees' Retirement System to withhold amounts certified as overdue support from benefits and refunds, as provided. Chapter 927, Statutes of 1996 SB 504 (Wright-R) - Custody: Change of Residence Revises existing law relating to child custody and the change of residence. (Died in Senate Judiciary Committee) SB 506 (Calderon-D) - Family Law: Friend of the Court States the intent of the Legislature to create in each superior court of this state an office of the friend of the court for the purpose of enforcement of child custody and visitation, similar to the program in effect in the State of Michigan. Expresses the intention of the Legislature to provide that the office is to be created in consultation with specified entities, and that its establishment would be contingent on federal funding. Requires the Department of Social Services to submit an application for federal funding under specified circumstances. Chapter 958, Statutes of 1996 SB 507 (Calderon-D) - Paternity: Presumptions Provides that a man will be presumed to be a child's natural father if he receives, or attempts to receive, the child into his home and openly holds out, or attempts to openly hold out, the child as his natural child. (Died in Senate Judiciary Committee) SB 509 (Calderon-D) - Spousal Support Requires the court to consider additional specified circumstances in ordering spousal support, including the goal that the supported party shall be self- supporting within a reasonable period of time, as provided. Requires a court to give the parties a specified admonition regarding these provisions when making an order for spousal support, except as specified. Chapter 1163, Statutes of 1996 SB 1033 (Senate Judiciary Committee) - Family Law Authorizes a court to deny a petition for the change of name of a minor, under specified circumstances, where the court finds the name change is not in the minor's best interest. Chapter 1061, Statutes of 1996 SB 1125 (Calderon-D) - Support Payments Requires that the abstract of a judgment ordering a party to pay support to the other party include the name and last known address of the party to whom support payments are ordered to be paid. (Died in Assembly Judiciary Committee) SB 1237 (Watson-D) - Child Support Registry Provides that the Statewide Automated Child Support System may be utilized as a single statewide registry. Also revises the specific requirements for the implementation plan and requires that the implementation plan for the Child Support Registry be submitted to the Legislature by April 1, 1997. Requires clerks of the courts, rather than county clerks, to carry out specified duties with respect to the implementation of these provisions. Requires the Child Support Order and Data Form and the Child Support Arrears Form to include the full name and birth date of each child included in the support order, and makes related changes. Vetoed by the Governor SB 1238 (Watson-D) - Child Custody: Relocation Study Requires the Administrative Office of the Courts, in consultation with the Bureau of State Audits, to prepare a study of child custody cases in which the custodial parent seeks to change residence. (Died on Senate Inactive File) SB 1241 (Watson-D) - Custody: Stalking Provides that no parent of a child shall be granted custody of the child if that parent has been convicted of the crime of stalking where the other parent of the child was the victim. (Died in Senate Judiciary Committee) SB 1306 (Wright-R) - Support Provides for the distribution between multiple families owed support under specified circumstances. Chapter 565, Statutes of 1996 SB 1442 (Marks-D) - Support Enforcement Precludes state licensing agencies from issuing a commercial fishing license to individuals who have not complied with support orders. Chapter 756, Statutes of 1996 SB 1516 (Solis-D) - Dependent Children: Reunification with Parents or Guardians Chapter 1084, Statutes of 1996 SB 1643 (Solis-D) - Children: Supervised Visitation Providers Requires the Judicial Council to develop standards for supervised visitation providers in accordance with specified guidelines, and to report on these guidelines to the Legislature. Chapter 387, Statutes of 1996 SB 1656 (Wright-R) - Child Support Enforcement Provides that for any such child support case handled by the district attorney, if the district attorney fails, as specified, to establish paternity or child support, to enforce child support obligations, to modify support obligations, or to account for or distribute child support collections, either the child support obligor or the child support obligee may bring an action against the district attorney to compel compliance with federal or state law. (Died in Senate Judiciary Committee) SB 1675 (Russell-R) - Minors: Dependency Mediation Allows any county to increase the fee for a certified copy of a certified copy of a birth certificate by $3 for the purpose of providing dependency mediation services in the juvenile court. Exempts public agencies are exempt from paying this amount. Extends the applicability of this authorization to the board of supervisors of any county, as specified. Allows any juvenile court to develop a dependency mediation program to provide a problem- solving forum for all interested persons to develop a plan in the best interests of the child, emphasizing family preservation and strengthening. Chapter 405, Statutes of 1996 SB 1746 (Hughes-D) - Family Law: Child Custody: Mediation: Domestic Violence Requires local court rule to provide procedures for challenging the custody evaluator with or without cause, as specified. Requires the Judicial Council to adopt guidelines for challenging custody evaluators. On and after January 1, 1998, precludes the appointment of a person as a court-appointed investigator unless the person has completed a specified domestic violence training program. Requires the Judicial Council to draft a statewide rule of court requiring domestic violence training for all court-appointed persons who evaluate or investigate child custody matters. Requires the Judicial Council to adopt standards for full and partial court- connected evaluations, investigations, and assessments related to child custody, and adopts procedural guidelines for cross-examination of court-appointed investigators, as specified. Requires the adoption of these standards and guidelines by January 1, 1999. Requires Family Court Services to handle domestic violence cases in accordance with a separate written protocol approved by the Judicial Council. Requires the Judicial Council to adopt guidelines for non-mediation services that counties may offer, as specified, to parents who have been unable to resolve their disputes. Specifies that any individual may be selected to act as a support person, and that no certification, training, or other special qualification is required. Provides that a support person shall be permitted to accompany such a party to the proceedings and sessions described above, and includes mediation orientations and separate mediation sessions within the sessions to which a support person shall be permitted to accompany a party protected by a domestic violence prevention order. (Died in Senate Judiciary Committee) SB 1982 (Russell-R) - Children: Family Reunification Provides that reunification services need not be provided when the court finds, by clear and convincing evidence, that the minor meets one of several specified criteria, that the parent or guardian willfully abandoned the minor, and the court finds that the abandonment constituted a serious danger to the child. Chapter 101, Statutes of 1996 SB 1995 (O'Connell-D) - Family Law: Child Custody: Mediation: Domestic Violence Precludes the appointment of a person as a court-appointed investigator unless the person has completed a specified domestic violence training program. Provides for minimum requirements for any person hired on or after January 1, 1998 who is responsible for clinical supervision of evaluators, investigators, or mediators or for supervising or administering prescribed Family Court Services programs. Requires Family Court Services to handle domestic violence cases in accordance with a separate written protocol approved by the Judicial Council. Chapter 761, Statutes of 1996 SB 2024 (Watson-D) - Alternative Reproduction Act of 1996 Establishes Alternative Reproduction Act of 1996. Requires an egg donor to be at least 21 years of age; provides that an egg donor contract include specified provisions, be in writing, and be executed under penalty of perjury; and requires that the egg donor and the intended parents receive psychological counseling, as specified. Requires all professionals that provide services in connection with an egg donor contract to maintain and retain their records regarding the performance of those services for 25 years. (Died in Senate Judiciary Committee) SB 2027 (Watson-D) - Parent and Child: Termination of Rights Authorizes a court to call, in specified circumstances, a licensed clinical social worker or a marriage, family, and child counselor, in cases where a minor wishes to be declared free from the custody or control of a parent. Chapter 288, Statutes of 1996 SB 2035 (Killea-I) - Adoption Facilitators Provides for the regulation of adoption facilitators, as defined. Makes a violation of certain provisions relating to advertising a misdemeanor. Chapter 1135, Statutes of 1996 SB 2067 (Haynes-R) - Children: Adoptive Parents Prohibits the Department of Social Services or a delegated county adoption agency (1) from requiring that a prospective adoptive parent hold a foster care license for purposes of adoption; (2) from considering, when evaluating the prospective adoptive parent, whether the prospective adoptive parent administers corporal punishment on his or her own children; and (3) 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 if a prospective adoptive parent's application to adopt is denied, the applicant shall have a right to appeal the decision at the state level. Requires the department to develop the appeals process. (Senate refused to concur in Assembly Amendments) SB 2075 (Haynes-R) - Marriage Provides that it is the public policy of this state that a marriage contracted outside this state that conforms to the statutory requirement that a marriage is a personal relation arising out of a civil contract between a man and a woman and that is valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state. (Died in Senate Rules Committee pursuant to a Senate Rule 29.10 violation) SCA 5 (Hurtt-R) - Families Amends the California Constitution to guarantee parents the right to direct the upbringing and education of their children. (Died in Senate Judiciary Committee) AB 180 (Morrow-R) - Child Support Revises the statewide uniform guideline for determining child support orders, as specified. (Refused passage on Assembly Floor) AB 256 (Alpert-D) - Adoption Provides that a person or agency that pays or offers to pay money for anything of value to a parent for the placement for adoption, consent to adoption, or cooperation in the completion of an adoption, of his or her child, is guilty of a misdemeanor, or a felony. Provides that obtaining more than $400 of specified expenses if the parent intends to not complete the adoption or to withhold consent to the adoption, is punishable as a felony or a misdemeanor. (Died in Conference Committee) AB 257 (Speier (D) - Support Enforcement Modifies the State Licensing Match System (SLMS) procedure to specifically include notary public appointments and commissions by the Secretary of State. Expands SLMS to provide for the revocation or suspension of a driver's license. Requires the State Board of Equalization (SBE), the Department of Social Services (DSS) and the Franchise Tax Board (FTB), to enter into an interagency agreement, in which the SBE will provide information to DSS and the FTB for support enforcement purposes. Requires an administrative and judicial review process for arrearages, as alleged by an applicant. Extends the date on which DSS is required to reorganize the incentive funding for counties for support enforcement by one year. Chapter 481, Statutes of 1996 AB 261 (Kuehl-D) - AFDC: Child Support Actions Authorizes a caretaker parent for whom a duty of support is owed to elect to become a participant in any action for child support in which the caretaker parent is not a party, and specifies the rights of the caretaker parent in that action. Authorizes the caretaker parent to become a participant by submitting a notice of election to become a participant, and imposes a state-mandated local program by requiring the district attorney to provide a copy of the complaint and a form of notice that allows the caretaker parent to become a participant in the action. (Died in Senate Judiciary Committee) AB 274 (Kuehl-D) - Child Support Revises the statewide uniform guidelines for determining child support orders, as specified. (Failed passage in Assembly Judiciary Committee) AB 332 (Allen-R) - Visitation: Grandparents and Great- Grandparents Adds great-grandparents to those who may petition a county for visitation rights. (Died in Assembly Judiciary Committee) AB 334 (Allen-R) - Visitation: Grandparents and Great- Grandparents Adds great-grandparents to the list of those the court may take into consideration when establishing visitation rights. (Died in Senate Judiciary Committee) AB 448 (Archie-Hudson-D) - Paternity Provides that in any case to establish paternity, the alleged father is entitled to court-appointed counsel at county expense. (Failed passage in Assembly Judiciary Committee) AB 449 (Archie-Hudson-D) - Family Law: Support Provides that any respondent to an order for child, spousal, or family support shall be entitled to counsel appointed by the court at county expense in any action for the collection or enforcement of the support order, where the respondent shows to the satisfaction of the court that he or she cannot afford counsel and that he or she is indigent. Includes, as a circumstance evidencing hardship, the minimum basic living expenses of a stepchild of the obligor parent where the biological parent who is the obligor's former spouse is deceased. (Died in Assembly Judiciary ;Committee) AB 535 (Archie-Hudson-D) - Public Social Services Benefits Provides that any obligee parent who received public social services benefits, and who is subsequently found by a court in a support action to have had the ability to support his or her child during the period when he or she was receiving those benefits, shall be required to reimburse the district attorney the amount of those benefits received during the period the court determined that the parent had the ability to support his or her child. Requires the respondent in a support obligation case to be given notice that any contractual agreement with the district attorney does not modify any existing court order and that the respondent has the right to seek modification of the court order. Requires that the district attorney and the county department of social services send written notice to a respondent that the family has ceased receiving public assistance. (Died in Assembly Judiciary Committee) AB 542 (Archie-Hudson-D) - Child Support: Concealment Requires an affirmative duty to provide information as to the residence of minor children receiving public assistance to the absent or obligor parent in specified circumstances, when the children are concealed and when the concealment may result in the waiver of a county's right to receive reimbursement of public assistance payments and the disclosure of the information does not represent a threat to the physical health or safety of the minor child or children or the custodial parent. (Died in Assembly Judiciary Committee) AB 627 (Katz-D) - Domestic Partnership: Registration, Termination, and Rights Thereof Defines "domestic partners" and provides for the registration of domestic partnerships with the Secretary of State. Specifies the procedures for the termination of domestic partnerships. Prohibits a person who has filed a Declaration of Domestic Partnership from filing a new declaration until at least 6 months has elapsed from the date that a Notice of Termination of Domestic Partnership was filed with the Secretary of State in connection with the termination of the most recent domestic partnership, except where the previous domestic partnership ended because one of the partners died. Provides that any domestic partnership entered into outside of this state, which would be valid by the laws of the jurisdiction under which the partnership was created, shall be valid in this state. Requires a health facility to allow a patient's domestic partner and other specified persons to visit a patient, except under specified conditions. Revises and recasts provisions regarding conservatorships to provide for the participation of a domestic partner of the conservatee or proposed conservatee in these proceedings. (Died in Assembly Judiciary Committee) AB 722 (Baldwin-R) - Costs: Collection of Awards Provides that in any action involving an award of child support, recoverable costs shall include any necessary and reasonable costs of collection, as specified. (Died in Assembly Judiciary Committee) AB 755 (Kuehl-D) - Children: Custody Determination Requires the court to consider whether one parent has been the child's primary caregiver when determining the best interest of a child. (Failed passage in Assembly Judiciary Committee) AB 760 (Speier-D) - Paternity Provides that in the case of the death of the husband, the presumption of paternity shall continue for 1,000 days after his death if the widow was artificially inseminated with the deceased husband's sperm and specified conditions are met. Provides that no person shall be civilly liable to a child for the transfer of property where the child was born more than 300 days after the deceased father's death and the child's paternity was established pursuant to the above provision, except upon specified knowledge and notice. (Senate to interim study in Senate Judiciary Committee) AB 800 (Kuehl-D) - Child Custody Provides that there is a presumption, rebuttable as specified, that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence, as provided, is detrimental to the best interest of the child, provided the court has made a specified finding. Requires the court, in cases in which both parents are perpetrators of domestic violence, to consider which of the parents has been the primary aggressor, and authorizes the court to award custody to the other parent in accordance with specified requirements of existing law, consistent with the best interest of the child. (Died in Senate Judiciary Committee) AB 932 (Speier-D) - Child Support Authorizes a court to require either parent in a child or family support proceeding to attend job training, job placement, vocational rehabilitation, or work programs as designated by the court. Chapter 490, Statutes of 1996 AB 999 (Harvey R) - Child Custody Provides that 1st preference of the court in custody cases be given to granting custody to both parents jointly and 2nd preference should be given to granting custody to either parent. (Died in Senate Judiciary Committee.) AB 1058 (Speier-D) - Family Law: Support Governor's Child Support Court Task Force Report bill, which requires that all actions filed by the district attorney or by another party for an order to establish, modify, or enforce child or spousal support, including actions to establish paternity, are to be referred for hearing to a child support commissioner, except as provided. Requires each superior court to provide sufficient child support commissioners to hear these cases, as specified, thereby imposing a state-mandated local program. Enacts special provisions for the enforcement of support judgments, and authorizes the district attorney to use any of the existing remedies available to a judgment creditor and to act as a levying officer when enforcing a support obligation pursuant to a writ of execution, as provided. Authorizes the district attorney to issue a warrant to levy on and sell vehicles or vessels, as defined, or aircraft, for the collection of support arrearages, as specified. Provides that in cases in which support enforcement services are being provided by the district attorney, and after a court has ordered an earnings assignment for support, the district attorney may serve on the employer a notice of assignment prescribed by the Judicial Council, containing specified information, in lieu of the earnings assignment order, in the manner specified. Provides that after a support order has been entered, the parent who has requested or is receiving support enforcement services of the district attorney shall become a party to the action for the purposes of child support, custody, and visitation, and restraining orders, as provided, and makes related changes. Provides that in any action or proceeding brought by the district attorney to establish parentage pursuant to the above provision, the court shall enter a judgment establishing parentage upon the filing of a written stipulation between the parties, as provided. Requires the court to enter a judgment in any support or paternity action filed by the district attorney pursuant to specified provisions of law, if the defendant fails to file an answer or otherwise appear in the action within 30 days of service of process, as specified. Chapter 957, Statutes of 1996 AB 1112 (Rogan-R) - Insurance: Child Support Requires insurance companies to notify the Department of Social Services prior to making any payment equal to or in excess of $3,000, in order for the department to determine if a child support order or judgment exists. (Died in Assembly Insurance Committee) AB 1283 (Kuehl-D) - Adoption: Parental Rights Requires, with regard to a child who is to be placed for adoption, the notification only of a presumed father, as specified. Revises existing law regarding service of the notice to terminate parental rights to require notification only if the father brought an action to declare the existence of the father and child relationship within 30 days of the service of a notice that the child is to be adopted and placed for adoption. (Died in Senate Judiciary Committee) AB 1353 (Knowles-R) - Juveniles: Court Proceedings: Court Appointed Professionals: Unprofessional Conduct Provides that if a licensed psychiatrist, psychologist, or marriage, family, and child counselor is appointed by a court for any purpose in a matter relating to child welfare and the licensee engages in acts of perjury, fabrication of evidence, or a failure to disclose exculpatory evidence, or obtains testimony by duress, fraud, or undue influence, the license of that person shall be permanently revoked. (Died in Senate Business and Professions Committee) AB 1467 (Kaloogian-R) - Community Property Modifies probate law to eliminate the need to establish a conservatorship in order to modify a revocable community trust where one spouse is incompetent. Authorizes a court to include the separate property of an incompetent spouse in a proposed transaction by the competent spouse, for good cause. Chapter 877, Statutes of 1996 AB 1524 (Granlund-R) - Children: Dependency Proceedings: Adoption Revises the time periods governing provision of reunification services and requires specified notice to the parent or guardian of a child who was under the age of 3 years on the date of removal from the home. Requires the court, if the minor is not returned to a parent or guardian, to specify the factual basis for its conclusion that the return would be detrimental. Authorizes the court, in the case of a minor who is under 3 years of age on the date of removal from the physical custody of his or her parent or guardian, to schedule a hearing regarding the termination of parental rights under specified circumstances. Chapter 1083, Statutes of 1996 AB 1751 (Knowles-R) - Support Enforcement Provides that the $2 fee, chargeable by an entity for payments made to satisfy a court order for support, shall be deducted from payments made by the entity to the obligor, rather than from the payments made pursuant to the court order, as specified. Provides that credit shall be given for each month covered by a lump sum support payment made from a Social Security or federal retirement account. Provides that the most recent address of an obligor from the Department of Motor Vehicles licensing records shall be required on a statement to register a support order from another county. Chapter 912, Statutes of 1996 AB 1832 (Speier-D) - Family Law Revises various provisions for the Voluntary Acknowledgment of Paternity; to ensure greater health care coverage for children; and extends the performance review dates for district attorneys. Chapter 1062, Statutes of 1996 AB 1982 (Knight-R) - Domestic Relationships Provides that any marriage contracted outside this state between individuals of the same gender is not valid in this state. Defines "domestic partners" and provides for the registration of domestic partnerships with the Secretary of State. Specifies procedures for the termination of domestic partnerships. Prohibits a person who has filed a Declaration of Domestic Partnership from filing a new declaration until at least 6 months has elapsed from the date that a Notice of Termination of Domestic Partnership was filed with the Secretary of State in connection with the termination of the most recent domestic partnership, except where the previous domestic partnership ended because one of the partners died. Requires the Secretary of State to prepare forms for the registration and termination of domestic partnerships, and distribute these forms to each county clerk. Requires the Secretary of State to establish by regulation and charge fees for processing these forms. Provides that any domestic partnership entered into outside of this state, which would be valid by the laws of the jurisdiction under which the partnership was created, shall be valid in this state. Revises and recasts these provisions regarding conservatorships to provide for the participation of a domestic partner of the conservatee or proposed conservatee in these proceedings. Requires preference for selection of a conservator be given to the domestic partner and a person nominated by the domestic partner. Revises the statutory will form to, among other things, provide for boxes where the testator may indicate a desire to leave his or her principal residence to a domestic partner or the residuary estate to a domestic partner. (Died on Senate Inactive File) AB 2020 (Burton-D) - Private Professional Conservators Provides a specific exception to the prohibition of appointing a private professional conservator or guardian who is not registered with the county clerk. (Died in Assembly Judiciary Committee pursuant to Assembly Rule 77.2 violation) AB 2149 (Kuehl-D) - Dissolution of Marriage: Default Adds various changes and requirements to the procedures for taking a default judgment in marital dissolution cases, in order to help prevent fraud on the defaulting party. Chapter 810, Statutes of 1996 AB 2150 (Frusetta-R) - Protective Orders: Penalties Deletes the requirement that a subsequent violation of specified protective orders must involve an act of violence or a credible threat of violence in order to be punishable as a misdemeanor or a felony. (Died on Assembly Inactive File) AB 2155 (Kuehl-D) - Restraining Orders: Minors Permits a minor who is 12 years of age or older to appear in court, without a guardian, counsel, or guardian ad litem, for the purpose of obtaining a protective order against a person with whom the petitioner is having or has had a dating or engagement relationship. Authorizes the court to appoint a guardian ad litem to assist the minor in obtaining or opposing the restraining order. Chapter 727, Statutes of 1996 AB 2165 (Goldsmith-R) - Children: Adoption Authorizes, with regard to independent adoptions, licensed private adoption agencies to certify prospective adoptive parents by a preplacement evaluation, to be completed no more than 1 year prior to the signing of an adoptive placement agreement. Limits the fees that may be charged for specified services with respect to that preplacement evaluation. Provides that whenever a petition is filed for the independent adoption of a child, prior to the filing of a report in the superior court by the Department of Social Services or the delegated county adoption agency, the petitioner shall pay specified fees relating to the filing of the petition and for a postplacement evaluation to the department or agency. Authorizes an adoption service provider to assist the birth parent or parents with the signing of the waiver. Chapter 510, Statutes of 1996 AB 2303 (Kuehl-D) - Mediation: Family Disputes Specifies that no fee may be charged with respect to the court- ordered mediation of issues that are the subject to an action or proceeding brought pursuant to the Family Code. (Died in Assembly Judiciary Committee) AB 2425 (Knight-R) - Community Property Provides that the court shall value the community property interest in a defined benefit pension plan as of the date of separation of the parties. (Died in Assembly Judiciary Committee) AB 2474 (Kuehl-D) - Child Custody Requires the court to consider any history of abuse by 1 parent or any other person seeking custody against specified persons. Double-joined with SB 384. Chapter 835, Statutes of 1996 AB 2557 (Boland-R) - Child Custody and Visitation: Ex Parte Orders Prohibits the issuance of an ex parte order modifying or determining custody or visitation rights until the parent who has removed, concealed, or detained the child and the child are located. Requires the court, when a parent alleges that he or she removed, detained, or concealed the child because it was necessary to protect the child from abuse by the other parent, to direct a court- appointed investigator to conduct an immediate and thorough investigation of those abuse allegations. Authorizes the court to remove custody from the parent who removed, concealed, or detained the child, but prohibits the court from awarding custody to the allegedly abusive parent until the investigation is completed and the allegations are found to be unsubstantiated. (Died in Senate Judiciary Committee) AB 2624 (Setencich-R) - Child Support: Felony Provides that if a parent of a minor child fails to provide necessary food, clothing, shelter, or medical attendance or other remedial care for his or her child for a period of 6 or more months or if the parent has been convicted previously of that offense, he or she shall be punished by imprisonment in a county jail not exceeding 1 year or in the state prison for 16 months, 2 or 3 years, by a fine not exceeding $5,000, or by both that fine and imprisonment. (Died in Senate Judiciary Committee) AB 2807 (Bordonaro-R) - Child Care: Foster Children: Adoption Provides that, when an adoptive placement agreement has been signed, the prospective adoptive parents may use any reasonable form of discipline on the adoptive child if the discipline meets certain criteria, including that it does not constitute child abuse. Prohibits a state or local agency from denying an application for adoption of a foster child solely on the grounds that the applicants intend to use any reasonable form of discipline on their own natural children or the children to be adopted, including, but not limited to, corporal punishment that meets the criteria set forth by this bill. (Died in Senate Health and Human Services Committee) AB 2883 (Boland-R) - Minors: Medical Care and Counseling Provides that it is the intent of the Legislature that the state shall respect the right of a parent or legal guardian to seek medical care and counseling for a drug or alcohol related problem of a minor child when the child does not consent to the medical care and counseling, and nothing in the bill shall be construed to restrict or eliminate this right. Provides that in cases where a parent or legal guardian has sought medical care and counseling for a drug or alcohol related problem of a minor child, the physician shall disclose medical information concerning such care to the minor's parents or legal guardian upon their request, even if the minor child does not consent to disclosure, without liability for such disclosure. Chapter 656, Statutes of 1996 AB 3088 (Machado-D) - Juvenile Dependency: Adoption Provides that evidence that a dependent child has been placed in a pre-adoptive home during the period of reunification, as a matter of law, may not be deemed a failure to provide reasonable services. Chapter 1028, Statutes of 1996 AB 3148 (Ducheny-D) - Dissolution of Marriage: Soldiers' and Sailors' Relief Act of 1940 Extends the provision that no filing fee is charged to file a respondent's appearance, stipulation and waiver in an action for a dissolution where the respondent is a member of the armed forces and does not contest the action, to include actions for nullity or paternity as well. Chapter 348, Statutes of 1996 AB 3227 (Knight-R) - Marriage States the findings and declarations of the Legislature with regard to the public policy of including only male-female couples within the application of the marriage laws. (Died on Assembly Inactive File) AB 3241 (Conroy-R) - Adoption Authorizes the biological parents to provide a blood sample, to be stored at an approved laboratory for a period of 30 years following the adoption, and to be used for DNA testing at a later date after entry of the adoption order at the request of the adoptive parents or the adopted child. Provides for a separate fee, in addition to existing statutory fees pertaining to adoptions, to pay for the cost of drawing and storing the blood samples, as specified. Provides for access to the blood sample and for the confidentiality of the blood sample and any DNA test results related to the blood sample, as specified. Chapter 1053, Statutes of 1996 ACA 30 (House-R) - Families Provides that every parent has a fundamental right to control the care and custody of his or her minor children, as specified, and prohibits state action that may abridge or hinder this fundamental right absent a showing that the state's action is the least restrictive means of furthering a compelling state interest. Provides that it does not apply to any dispute between parents with respect to issues affecting their children or to such a dispute between a parent and his or her child's legal custodian, and that its provisions are severable. (Died on Assembly Inactive File) Civil Law SB 15 (Lockyer-D) - Damages: Prejudgment Interest Provides for the recovery of prejudgment interest on damages recoverable in wrongful death actions. (Failed passage in Assembly Judiciary Committee) SB 16 (Beverly-R) - Commercial Law Repeals and replaces existing provisions of law governing securities and the relationships, rights and duties of the issuers of and parties that deal with certificated and uncertificated securities. (Died in Senate Judiciary Committee) SB 31 (Leslie-R) - Civil Liability: Negligence Provides that in any action for damages based on negligence, the rules of contributory negligence in effect in this state immediately prior to the adoption of comparative negligence shall apply in the event the plaintiff contributed to his or her injury by the commission of a felony or by driving under the influence of alcohol or a drug, as specified, in the event that the injury would not have been suffered but for the plaintiff's commission thereof, or immediate flight therefrom, and the plaintiff has been duly convicted of that felony or driving under the influence of alcohol or a drug. Provides that in any action in which exemplary damages are recoverable, the trier of the fact shall determine whether the defendant is liable for exemplary damages. Includes dispatchers, as defined, within the definition of emergency rescue personnel. Includes dispatch services, as defined, within the definition of emergency services. Includes dispatchers and dispatcher services, as defined, within the persons and services covered by immunity when acting within the scope of their employment to provide emergency services. (Rereferred to Senate Judiciary Committee on a Senate Rule 29.10 violation where motion that Assembly amendments be concurred in was refused adoption) SB 41 (Johannessen-R) - Tort Liability: Public Employees Provides that specified immunities from liability do not extend to intentional or reckless abuse of discretion, as defined, by public employees, in investigations or proceedings pursuant to the juvenile court law other than the act of removing a child from the custody of his or her parents or guardians. (Failed passage in Senate Judiciary Committee) SB 52 (Peace-D) - Civil Procedure Makes clarifying changes in the civil procedure laws. Chapter 60, Statutes of 1996 SB 56 (Beverly-R) - Juries: Municipal and Justice Courts Requires a trial jury in civil actions in municipal court in which the amount in controversy is not more than $25,000 to consist of 8 persons, makes a technical change, and makes a conforming change by eliminating references to justice courts. (Failed passage in Assembly Judiciary Committee) SB 135 (Maddy-R) - Emergency 911: Telecommunications: Liability Provides that no public agency or emergency 911 telecommunications system or service provider, as specified or any of their employees, directors, officers, or agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission while provisioning, adopting, implementing, maintaining, or operating an emergency 911 telecommunications system or service. Provides that a public utility or other supplier of emergency 911 telecommunications systems or services shall not be liable for damages caused by an act or omission of the public utility or supplier in the good faith release of information not in the public record, including unpublished or unlisted subscriber information to public agencies responding to calls placed to a 911 or enhanced 911 emergency service. (Died in Senate Judiciary Committee) SB 195 (Costa-D) - Sexual Harassment Defines the term "psychotherapist", for the purpose of imposing liability, as specified under existing law, for sexual harassment of a patient, as "a physician and surgeon specializing in the practice of psychiatry or practicing psychotherapy, a psychologist, a clinical social worker, a marriage, family, and child counselor, a psychological assistant, marriage, family, and child counselor registered intern or trainee, or associate clinical social worker." Chapter 150, Statutes of 1996 SB 197 (Kopp-I) - Homesteads Repeals existing law providing that it is a misdemeanor for anyone to engage in prescribed activities in connection with the offering or performance of a homestead filing service. Provides that, on and after January 1, 1997, all declarations of homestead are ineffective, except as specified. (Failed passage in Assembly Judiciary Committee) SB 223 (Ayala-D) - Liens on Vehicles Broadens the definition of a lien to include entitlement for labor associated with recovery or load salvage of any vehicle subject to registration that has been authorized to be removed by a public agency, a private property owner, lessee, operator, or registered owner of the vehicle. Chapter 267, Statutes of 1996 SB 262 (Kelley-R) - Trial Court Delay Reduction Act Provides an exemption from the Trial Court Delay Reduction Program for any action or proceeding brought on a contract for the collection of amounts due for goods or services provided under the contract, if the amount of the demand does not exceed $25,000. (Died in Senate Judiciary Committee) SB 264 (Kelley-R) - Commercial Law: Negotiable Instruments Provides that the drawer of a check is obligated to pay any service charges resulting from the dishonor of the draft. (Died in Senate Judiciary Committee) SB 271 (Russell-R) - Civil Actions: Mediation Provides that in any county that has established a dispute resolution program, at the first hearing in any civil action that has not been submitted to mediation, the court shall explain to the parties how mediation works and the benefits of mediation, and shall ask the parties to consider using mediation to resolve any disputed issues. (Died in Senate Judiciary Committee) SB 302 (Campbell-R) - Negligence: Immunity from Civil Liability Provides that in order to encourage citizens and organizations to provide free shelter and other services for homeless persons, no person, corporation, partnership, unincorporated association, public entity, or other entity that, in good faith, provides free shelter or other services for homeless persons shall be liable for any civil damages as a result of any act or omission in the provision of such shelter or other services, except as to conduct constituting gross negligence. (Died in Senate Judiciary Committee) SB 323 (Kopp-I) - Public Records Act Makes numerous changes to the California Public Records Act. Vetoed by the Governor SB 392 (Senate Judiciary Committee) - Probate Law Creates a probate omnibus bill containing various technical and noncontroversial changes to estate planning, trust and probate law. Chapter 563, Statutes of 1996 SB 466 (Leonard-R) - Eminent Domain Provides that if a public entity adopts or enacts a statute, ordinance, resolution, or other measure, or institutes any other official decision, action, policy, or practice, which results directly in the reduction of the market value of real property other than real property owned by a public entity by 25% or more, the property owner may bring an action for inverse condemnation according to the same procedure specified above. Provides that in such an action, the property owner shall carry the burden of proving the extent of the reduction in market value of the real property by the testimony of at least 3 certified real estate appraisers. (Died in Senate Judiciary Committee) SB 492 (Costa-D) - Agricultural Food Products: Trade Libel Provides that a producer or shipper of perishable agricultural food products, as defined, or an association that represents that producer, who suffers damages as a result of the malicious public dissemination of knowingly false information that a food product is not safe for human consumption, may bring an action for damages and for any other appropriate relief, including compensatory and punitive damages, in a court of competent jurisdiction. (Died in Senate Judiciary Committee) SB 578 (Alquist-D) - Mechanics' Liens Expands the mechanics' lien provisions in exiting law to apply to appraisers. (Died in Senate Insurance Committee) SB 624 (Johannessen-R) - Civil Procedure: Undertakings Enacts provisions applicable to a defendant in an action brought by any plaintiff to challenge the approval of a timber harvest plan, nonindustrial timber management plan, or sustained yield plan. Authorizes the court to order that the plaintiff file the undertaking in an amount equal to 10% of the immediate harvest values of the timber approved for harvest not to exceed $500,000. (Failed passage in Senate Judiciary Committee) SB 731 (Mello-D) - Conservatorships: Alzheimer's Disease Provides for a category for conservatorships known as the Alzheimer's Disease and Related Dementia Conservatorship. (Died in Senate Judiciary Committee) SB 744 (Calderon-D) - Damages: Construction Defects Limits the damages recoverable in any action for injury to real and personal property arising out of a construction defect. Requires the managing association of a common interest development to place a specified portion of an award or settlement based on a construction defect, as provided, into a construction defect repair account, to be used only for specified purposes. (Sent to Senate Judiciary Committee due to a Senate Rule 29.10 violation; died in committee) SB 774 (Leonard-R) - Damages: Employment Discrimination Limits the sum of any compensatory damages for emotional pain and nonpecuniary losses, and any exemplary damages that may be awarded to an aggrieved person in these actions to an amount based on the number of persons employed by the employer against whom the damages are to be assessed. Provides that an arbitration award filed in court shall not be enforceable to the extent that the award is inconsistent with these limits on damages. (Failed passage in Senate Judiciary Committee) SB 785 (Calderon-D) - Privileged Communications: Public Meetings Makes privileged the publication of the matter complained of relative to a lawfully convened public meeting if it was in the public interest or for the public benefit. (Died in Senate Judiciary Committee) SB 806 (Monteith-R) - Civil Rights Defines the term "business establishment," for purposes of the Unruh Civil Rights Act, to exclude any church, or any nonprofit association, nonprofit corporation, or nonprofit membership organization which is exempt from taxation under the Internal Revenue Code and whose primary purpose is religious, charitable, or for the advancement of social welfare, such as the Boy Scouts of America, except to the extent of, and as to, business-like activities of those organizations. (Died in Senate Judiciary Committee) SB 884 (Beverly-R) - Trusts: Investments Authorizes a bank, trust company, or an affiliate, as defined, acting as a trustee or at the direction of a trustee, to invest or reinvest in the securities of a registered open-end or close-end management investment company or investment trust, regardless of whether the bank, trust company, or affiliate thereof provides services to this investment company or investment trust for reasonable compensation, if specified requirements are met. (Died in Senate Judiciary Committee) SB 926 (Calderon-D) - Writings: Electronic Media Includes computer data stored on magnetic media within the definition of "writing." Existing law, the California Public Records Act, provides that public records, including writings, as defined, are open to inspection by any citizen, as provided. Provides that "writing," for the purposes of these provisions, includes computer data stored on magnetic media including electronic mail. (Died in Senate Judiciary Committee) SB 930 (Leonard-R) - Product Liability Enacts the California Product Liability Reform Act of 1995 establishing specific provisions governing the determination of strict liability for design defects, and exempting prescription drug manufacturers from strict liability for design defects. (Failed passage in Senate Judiciary Committee) SB 947 (Beverly-R) - Real Property Law Repeals the law governing the assignment of rent and profits in favor of a comprehensive statutory scheme developed by the State Bar's Real Property Law Section to govern the assignment of rents and profits and to provide additional means of enforcement. Chapter 49, Statutes of 1996 SB 964 (Johannessen-R) - Employment: Employee Litigation Prohibits an employee who resigns from subsequently bringing an action alleging his or her wrongful discharge or constructive discharge from employment unless the employee has given the employer or agent thereof prior written notice of the employer's wrongful acts alleged in the complaint. (Failed passage in Senate Judiciary Committee) SB 992 (Mountjoy-R) - Unlawful Detainer Provides that in any proceeding in unlawful detainer, the tenant shall make timely payment of rent, otherwise owed to the landlord according to law, to the court, which shall place these payments in a separate escrow account to be disbursed by the court according to law upon the final determination of the proceeding. (Died in Senate Judiciary Committee) SB 994 (Haynes-R) - Civil Actions: Liability Limits the recovery of damages for loss of future earnings awarded in lieu of reinstating an employee to an amount not to exceed the amount of wages and benefits the employee might reasonably have been expected to earn during the period of one year following an employee's termination. Authorizes an action for wrongful termination. Requires a plaintiff in a shareholder action to follow specific guidelines in actions against a board of a corporation. (Died in Senate Judiciary Committee due to a Senate Rule 29.10 violation) SB 1014 (O'Connell-D) - Product Liability: Minors Provides that a manufacturer, advertiser, distributor or retail seller of a product intended and marketed primarily or exclusively for the use by minors has a fiduciary duty to a minor, or any person who purchases the product on; his or her behalf, constituting a special duty of care commensurate with the reduced responsibility of the minor. (Died in Senate Judiciary Committee) SB 1034 (Calderon-D) - Unauthorized Electronic Use of Trademark Provides that the unauthorized registration or use of another's registered trademark as a domain name on any registry or computer network or information system which accepts and relays electronic mail into computers situated in this state constitutes an act of unfair competition, as provided. (Died in Assembly Judiciary Committee) SB 1040 (Russell-R) - Courts: Mandatory Mediation Provides for mandatory mediation in certain civil actions, as specified, by a mediator chosen from a roster of mediators or approved dispute resolution organizations maintained by the clerk of each superior court. (Failed passage in Senate Judiciary Committee) SB 1070 (Calderon-D) - Rental Cars Defines taxes to mean sales and use taxes imposed directly upon individual rental transactions, vehicle license fees, as specified, and local taxes on individual rental transactions imposed directly on the renter or specifically permitted to be charged to the renter, as specified. Provides that where a rental company advertises or quotes a rental rate, as specified, it shall clearly disclose that taxes shall be added and the average dollar amount or range of dollar amounts of vehicle license fees for each full or partial 24-hour rental day. Chapter 992, Statutes of 1996 SB 1072 (Killea-I) - Nonprobate Transfers: Securities Provides for the registration of securities, as defined, in beneficiary form, as specified. Provides that on the death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form would pass to the beneficiary or beneficiaries who survive all owners, as specified. (Died in Senate Judiciary Committee) SB 1084 (Beverly-R) - Oil Spills: Financial Responsibility Requires the administrator for oil spill response to establish, not later than January 31, 1996, a standing committee to be known as the Marine Facility Oil Spill Protection Committee, as prescribed. Requires the committee to study specified matters and to collect and review information, as prescribed. (Died in Senate Judiciary Committee) SB 1106 (Leslie-R) - Mortgages: Prepayment Penalties Provides that the borrower under any installment loan, as defined, secured by a deed of trust or mortgage or any other lien on residential real property of four units or less shall be entitled to prepay the whole or any part of the installment loan, plus interest, at any time, and that nothing in this provision shall preclude the borrower from becoming obligated to prepay a prepayment charge. Chapter 32, Statutes of 1996 SB 1202 (Hughes-D) - Real Property: Temporary Restraining Orders and Injunctions Provides that a temporary restraining order or an injunction, or both, may be granted upon the application of a district attorney in superior court to prevent the foreclosure upon or other transfer of an interest in real property or to stay the issuance of any loan to be secured by real property, provided the application establishes probable cause that fraud or forgery is involved in the transaction. Provides that any such application may be recorded as notice of pendency of action with respect to that real property, as specified. (Died in Senate Judiciary Committee) SB 1203 (Hughes-D) - Mortgages: Fraud Provides that it is the intent of the Legislature to enact legislation that would require a stay of any action for the recovery of any debt or the enforcement of any right secured by a mortgage or deed of trust upon single-family, owner-occupied residential real property for the duration of any dispute in which the homeowner alleges that a 3rd party committed fraud, as defined. (Died in Senate Judiciary Committee) SB 1285 (Killea-I) - Hazardous Materials: Liability Immunizes lenders and fiduciaries from liability resulting from the release of hazardous materials on property in which they have a security interest, as specified. States legislative intent that the immunity so provided may be asserted only with regard to judicial or administrative actions filed on or after January 1, 1997. Chapter 612, Statutes of 1996 SB 1309 (Campbell-R) - Tort Liability Revises existing law relative to tort liability. Extends existing provision to economic, as well as non-economic, damages. (Died in Senate Judiciary Committee) SB 1315 (Rosenthal-D) - Nuisances: Motion Pictures Provides that any person who seeks direct personal monetary consideration from a production company in exchange for ceasing or promising not to engage in conduct or activity which would disrupt the production of any motion picture, film, or similar audio-visual recording, as specified, shall be liable in civil damages of up to $250 or 3 times the amount of the requested or obtained monetary consideration, whichever is greater, to the production company. Provides for a civil complaint to be issued to and served upon any such person by a uniformed private security officer who either witnessed the act or received a report from a 3rd party who witnessed the act. (Died on Assembly Inactive File) SB 1318 (Calderon-D) - Limited Liability Partnerships Deletes the provisions relating to the reservation of limited liability partnership names. Revises and recasts the provisions applicable to limited liability partnerships providing legal services and deletes the requirement for those partnerships to file security agreements with the Secretary of State. Chapter 351, Statutes of 1996 SB 1322 (Calderon-D) - Public Utilities Commission: Judicial Review Expresses legislative intent to establish the manner and scope of review of commission decisions and to overrule a specified decision of the Supreme Court of California relating to judicial review of Public Utilities Commission matters. Requires the Supreme Court to grant expedited consideration to commission petitions on specified matters. Generally revises provisions relating to the judicial review of decisions and findings of the Public Utilities Commission. Generally authorizes judicial review of commission proceedings to take place in either the Supreme Court or the court of appeal. Chapter 855, Statutes of 1996 SB 1363* (Leonard-R) - Personal Rights: Human Tissue Establishes a personal property right in human tissue and organs, except as specified. Provides that a person has a cause of action for conversion upon the removal of human tissue or organs without informed consent, as defined. Specifies that this provision shall not apply until a physician or medical professional has determined that removal of the organ or tissue is justified, as specified. Establishes special damages for such a cause of action, and states the intent of the Legislature to overturn a specified decision of the California Supreme Court. Provides that a person has a cause of action for conversion upon the unauthorized removal, use, or fertilization of, or the unauthorized sale or gift of, an ovum, embryo, or any derivative thereof, as specified. (Died in Senate Rules Committee) SB 1368 (Kopp-I) - Lawsuits: Public Employees Requires any lawsuit against a public employee to allege with particularity all material facts establishing the individual's liability and the plaintiff's right to recovery. Chapter 562, Statutes of 1996 SB 1400 (Monteith-R) - Evidence: Scientific Tests Directs the California Law Revision Commission to study existing law regarding the ability of parties to present evidence, in adjudicatory hearings and in judicial proceedings reviewing writs of mandamus, challenging the scientific reliability and validity of scientific tests which are required to be conducted by a regulation at issue in the hearing or proceeding. Requires the California Law Revision Commission to make recommendations to the Legislature regarding changes in existing law, as specified. (Died in Assembly Judiciary Committee) SB 1427 (Russell-R) - Civil Actions: Mediation Provides that when a complaint is filed in a civil action, a plaintiff shall serve on each defendant and counsel for a plaintiff shall provide to each plaintiff that he or she represents, a notice concerning California's policy to promote the use of mediation. (Failed passage in Senate Judiciary Committee) SB 1428 (Russell-R) - Dispute Resolution: Mediation Prohibits, on and after July 1, 1997, a person from holding himself or herself out as a certified mediator unless he or she is certified by a mediator certifying organization or person. Establishes training and experience requirements for certification and requires organizations or persons issuing mediation certifications to meet specified criteria. Requires persons who collect a fee to act as a mediator to comply with specified standards, disclosure, and fee requirements. (Died in Senate Business and Professions Committee) SB 1432 (Calderon-D) - Evidence: Environmental Audit Privilege Provides that, in any civil proceeding, an environmental audit report, as defined, is privileged, is not admissible in the civil proceeding, and is not subject to discovery. Provides that, in any civil proceeding, the person for whom an environmental audit, as defined, was, or is being conducted has a privilege to refuse to testify about or otherwise disclose, and prevents another from testifying about or otherwise disclosing, all or part of the environmental audit report and actions undertaken solely for the purpose of conducting the environmental audit. (Failed passage in Senate Judiciary Committee) SB 1481 (Mello-D) - Conservatorships: Dementia Authorizes, upon a court's findings that a conservatee has dementia and a functional impairment, a conservator to place the conservatee in a prescribed secured facility and authorize the administration of prescribed medication. Requires a court investigator to include a determination in a report required to be made to the court under existing law as to whether these powers granted to the conservator are warranted. Requires the court investigator to advise the conservatee of his or her right to object to the conservator's powers under these provisions. Chapter 910, Statutes of 1996 SB 1508 (Marks-D) - Sexual Harassment: Religious Organizations Allows employees of churches and other religious organizations to sue their religious employer for sexual harassment. (Died in Senate Judiciary Committee) SB 1510 (Kopp-I) - Civil Procedures Clarifies a hospital's right to a lien for the value of services provided to a victim of negligence or other wrongful conduct. Clarifies Section 998 of the Code of Civil Procedure relative to the awarding of attorney's fees. Clarifies the exemption for federal and state public entities, their governmental subdivisions and agencies, and for charitable organizations organized and operated primarily as a religious organization, educational institution, hospital, or health service plan, from the provisions of the Uniform Supervision of Trustees for Charitable Purposes Act to allow the Attorney General to bring "Breach of Trusts" actions under other code provisions. Vetoed by the Governor SB 1522 (Greene-D) - Evidence Provides that anything said or any admission made in the course of consulting a mediations service or a mediator for the purpose of retaining that service or person be inadmissible as evidence and not subject to discovery or disclosure. Chapter 174, Statutes of 1996 SB 1530 (Marks-D) - Solicitations: Fraudulent Bills Provides that the prohibition against sending "phony bills" be amended to conform to the similar federal law. Chapter 397, Statutes of 1996 SB 1540 (Calderon-D) - Defamation Makes privileged any communication to a public journal of a legislative, judicial, or other official proceeding, except as specified. Chapter 1055, Statutes of 1996 SB 1591 (Beverly-R) - Revision of Article 8 of the Commercial Code Provides that California adopt the revision of Article 8 of the Commercial Code (investment securities) proposed by the Uniform Conference on Commissioners on uniform state laws. Chapter 497, Statutes of 1996 SB 1599 (Beverly-R) - Letters of Credit Provides that the revised Article 5 of the Uniform Commercial Code as proposed by the National Conference of Commissioners on Uniform State Laws and the American Law Institute be adopted in California. Chapter 176, Statutes of 1996 SB 1631 (Watson-D) - Records Reenacts a law which was repealed as of January 1, 1996 which permitted the Los Angeles County Recorder to notify a homeowner in writing within 30 days of the recording that a deed, deed of trust, or quitclaim deed has taken place. Chapter 177, Statutes of 1996 SB 1638 (Johnson-R) - Deeds of Trusts Provides that beneficiaries (lenders) holding a majority interest in a deed of trust in a multi- lender transaction be able to effect the substitution of a new trustee, instead of the current requirement of 100% agreement by all the beneficiaries, as specified. Chapter 839, Statutes of 1996 SB 1639 (Ayala-D) - Loans to Car Buyers Provides that any creditor who requests a cosigner as a condition of extending credit on a car purchase loan be required to give the cosigner a written notice of delinquency prior to repossessing the motor vehicle upon the buyer's default on the loan. Provides that persons liable for any default on a motor vehicle conditional sales contract be given notice of their liability for the payment of interest on any deficiency balance upon the sale of the repossessed vehicle from the date of sale to the date of entry of judgment, as specified. Chapter 313, Statutes of 1996 SB 1646 (Johnson-R) - Insurance: Agent Liability Provides immunity to a peace officer from civil liability who apprehends, or attempts to apprehend a person for the commission of a felony, as specified. Provides that a proprietor or employee of a business have no duty to comply with the demands of a person perpetrating a crime at that business. (Rereferred to Senate Judiciary Committee on a Senate Rule 29.10 where a motion to recommend the Assembly amendments be concurred in was refused adoption) SB 1650 (Mello-D) - Mental Capacity Makes various technical and grammatical changes to the law regarding legal mental capacity. Chapter 178, Statutes of 1996 SB 1659 (Peace-D) - Joint Task Force on Personal Information and Privacy Creates the Joint Task Force on Personal Information and Privacy in order to make recommendations on any changes in the law needed to better protect the constitutional right to privacy in light of rapid changes in information technology and systems. Chapter 1025, Statutes of 1996 SB 1684 (Kopp-I) - Public Notice Amends existing requirements relative to public notices relative to the following categories: (1) sale of real property, (2) orders to show cause for change of name, and (3) fictitious names. Notices must be submitted to any newspaper of general circulation in the state and then the newspaper is required to submit the notice to the State Library for posting on the statewide California homepage on the Internet. Newspapers have the discretion to publish the notice. Requires community residents to access the Internet in order to receive public notice. (Failed passage on the Senate Floor) SB 1687 (Marks-D) - Disabled Persons: Assistance Dogs Amends and clarifies existing law relative to the use of assistance dogs by disabled persons. Chapter 498, Statutes of 1996 SB 1711 (Calderon-D) - Liability Clarifies the existing protections from lawsuits afforded to volunteer officers and directors of homeowner associations by expressly stating that the protection extends to decisions concerning whether to investigate defects and whether to file a construction defect lawsuit. Chapter 185, Statutes of 1996 SB 1718 (Greene-D) - Construction Contracts: Express Indemnity Agreements Declares void as against public policy contractual indemnity provisions which require a design professional to pay liability or defense costs incurred by a client, except to the extent that such costs result from the design professional's own negligence. (Failed passage in Senate Judiciary Committee) SB 1726* (Wright-R) - Civil Actions: Coordination Revises and recasts the provisions of existing law governing the coordination of civil actions. Specifies new procedures regarding coordination, including authorization for a judge, upon motion, to transfer an action involving a common question of fact or law from another court to that judge's court if a declaration by the moving party states facts showing a good faith effort to obtain agreement to the transfer from all parties and that the actions are not complex, as specified. Requires a petition for coordination to be supported by a declaration stating facts showing that the actions are complex, as defined. Chapter 713, Statutes of 1996 SB 1742 (Maddy-R) - Commercial Law Includes "demand draft" within the definition of a check for these purposes, and defines that term as a writing not signed by a customer that is created by a 3rd party under the purported authority of the customer for the purpose of charging the customer's account with a bank, as specified. Chapter 316, Statutes of 1996 SB 1821 (Marks-D) - Personal Consumer Records Permits a consumer or employee, whose personal or employment records are subject to subpoena, and who is not a party to the action, to object to the subpoena. The requesting party would then need to bring a motion within 20 days of the objection to enforce the subpoena. Chapter 679, Statutes of 1996 SB 1823 (Marks-D) - Conservators Sets forth specific standards for conservators. Exempts a superior court from the prohibition as to the appointment of a temporary conservator or guardian if circumstances and justice warrant the appointment and time is limited, as specified. Revises and recasts the definition of a private professional conservator or guardian to exclude specified additional persons. Vetoed by the Governor SB 1855 (Kopp-I) - Unlawful Detainer Provides that notwithstanding any procedural right to relief from forfeiture, upon entry of a judgment of unlawful detainer against a defendant for possession of real property, the defendant shall have no legal nor equitable right to possession of that real property regardless of the defendant's continued physical presence therein or thereon; and the execution of a writ of possession as to that real property by an enforcement officer, and the physical eviction of the defendant therefrom, shall be deemed an action against the real property and not an action against the defendant. (Died in Senate Judiciary Committee) SB 1907 (O'Connell-D) - Trusts Amends trust law to provide the precise language required by the Internal Revenue Service in order to avoid certain tax consequences, as the default standard for distribution of income or principal. Chapter 410, Statutes of 1996 SB 1911 (Johannessen-R) - School Districts: Joint and Several Liability: Crimes Provides that no school district may be held jointly liable to a 3rd party when the person who caused the injury was unlawfully on school property and, while on the property, caused the injury during the commission of a misdemeanor or a felony. (Died in Senate Judiciary Committee) SB 1964 (Marks-D) - Fair Employment and Housing Act: Gender Identity Prohibits employment and housing discrimination against transgendered persons. "Transgender is an umbrella term referring to all of the different categories of people who present themselves as being a gender other than their biological sex. It includes both occasional and full-time cross- dressers; and it includes transsexuals, who are persons who have undergone, or who are preparing for, a sex-change operation. (Failed passage in Senate Judiciary Committee) SB 1978 (Haynes-R) - Securities: Secretary of State Revises and recasts various provisions of existing law regarding security bonds and deposits as the provisions specifically apply to invention developers, immigration consultants, credit services organizations, dance studios, discount buying organizations, employment agencies, employment counseling services, job listing services, nurses' registries, and auctioneers and auction companies. Chapter 633, Statutes of 1996 SB 2030 (Killea-I) - Employment Contracts Provides that agencies that engage in the business of obtaining and filling commitments for domestic help be allowed to enter into continuing contracts with the domestic workers whom they place. Chapter 102, Statutes of 1996 SB 2032 (Mountjoy-R) - Indemnity Provides that an "additional insured" endorsement in a contract with a public agency is invalid and unenforceable as to the agency's active negligence, as specified. Chapter 558, Statutes of 1996 SB 2058 (Calderon-D) - Arbitration Extends the sunset date on existing law that provides that an arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, as specified. This provision was to have sunsetted on January 1, 1997. (Died on Assembly Inactive File) SB 2066 (Haynes-R) - Mechanics Liens: Waivers and Releases Provides that the Legislature declare that the changes made to the law related to waiver and release of mechanics liens by SB 934 (Kopp) of 1993, as those changes related to retention proceeds, were merely a clarification of existing law and that they therefore operated retroactively. (Failed passage in Senate Judiciary Committee) SB 2069 (Haynes-R) - Nuisance: Shooting Ranges Exempts a person who operates or uses a shooting range from civil liability, injunction, or criminal prosecution with respect to noise or noise pollution if it complies with the laws in operation at the time the shooting range was approved for use, or if there were no such laws in effect at that time, except as specified. Vetoed by the Governor SB 2077 (O'Connell-D) - Civil Rights: Housing: Pets Provides that any rule or regulation that prohibits residents from keeping pets in the mobilehome park shall not apply to any person 62 years of age or older. Prohibits the application of such a rule or regulation to any disabled person, as defined who keeps any pet pursuant to a written authorization by a healing arts licensee, as specified. Provides that any covenant or restriction is unreasonable if it prohibits a person 62 years of age or older from keeping a pet, or prohibits a disabled person, as defined, from keeping any pet pursuant to a written authorization of a healing arts licensee, as specified. Provides that no landlord may, on and after January 1, 1997, refuse to rent a dwelling unit to a disabled person who resides with a pet pursuant to the written authorization of a healing arts licensee, as specified. Provides that no lease entered into or modified on or after January 1, 1997, shall prohibit a disabled person from residing with a pet pursuant to the previously described retirement. (Died in Assembly Housing and Community Development Committee) SB 2082 (Leslie-R) - HIV Tests: Release of Test Results: Exposed Emergency Responders Authorizes a limited exception to the confidentiality requirements for the results of HIV tests to allow release of such results to exposed emergency responders pursuant to federal law. Chapter 111, Statutes of 1996 SB 2083 (Leslie-R) - California Environmental Quality Act Prevents persons who object to a project because it will hurt them economically, from filing a suit challenging the approval of the project on the basis that CEQA has been violated. (Died in Senate Judiciary Committee) SB 2084 (Leslie-R) - Public Access: Private Land Codifies the conclusions of an Attorney General's Opinion that the statutory right of public fishing access does not apply to an impoundment of water which is on private land and which is from a stream or river that is not naturally frequented by fish. Chapter 273, Statutes of 1996 SB 2091 (Beverly-R) - Commercial Law Makes various changes in the recording laws with respect to liens on personal property and clarifies an ambiguity regarding the applicable effective date of a new provision in SB 947 regarding enforcements of assignments of rent. Vetoed by the Governor SB 2097 (Haynes-R) - Senior Citizens: Unruh Civil Rights Act Provides that the present restrictions on establishing senior citizen housing developments be substantially relaxed. The new provisions of this bill apply only to Riverside County, as specified. Chapter 1147, Statutes of 1996 SB 2123* (Kopp-I) - Juror Information Makes clarifying changes in existing law regarding the sealing of juror information after a criminal trial. Chapter 636, Statutes of 1996 SB 2140 (Rogers-R) - Juries: Decisions of Law Provides that an accused or aggrieved party's right to trial by jury, in all instances where the government or any of its agencies is an opposing party, includes the right to inform the jurors of their power to judge the law as well as the evidence, and to vote on the verdict according to conscience. (Died in Senate Criminal Procedure Committee) SB 2159 (Leslie-R) - Peremptory Challenges: Civil Cases Provides that each party in a civil case is entitled to 3, rather than 6, peremptory challenges. Provides that, in a civil case in which there are more than 2 parties, each side is entitled to 6, rather than 8, peremptory challenges. (Failed passage in Senate Judiciary Committee) SCA 30 (Haynes-R) - Civil Rights Prohibits the state or any local governmental agency, as defined, from using race, sex, color, ethnicity, or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group in the operation of the state's system of public employment, public education, or public contracting. (Died in Senate Governmental Organization Committee) SR 40 (Haynes-R) - Plessy v Ferguson Commemorates the 100th anniversary of the dissent written by Justice John Harlan in Plessy v Ferguson. (Failed passage in Senate Judiciary Committee) Similar legislation was HR 48 (Richter-R) which died on Assembly Inactive File. AB 36 (Isenberg-D) - Public Benefits Corporations Amends exiting law relative to a corporation amending its articles to change its status to that of a mutual profit corporation, a religious corporation or a cooperative corporation. (Died in Assembly Judiciary Committee) AB 78 (Morrow-R) - Enforcement of Money Judgments Excludes individual retirement accounts from specified cases relative to the enforcement of money judgments. (Died in Assembly Judiciary Committee) AB 161 (Napolitano-D) - Vital Statistics Enacts the Vital Records Security Act of 1996 that would provide that all records or certificates of live births, fetal deaths, deaths, or marriages, be classified as vital records and deletes various provisions relating to vital statistics, and recasts various provisions relating to these records in order to standardize the forms of vital records and to provide for greater security and confidentiality of vital statistics information. Increases certain of the fees prescribed for certified copies of vital records in order to cover the costs of standardizing and providing more security and confidentiality for vital records. Makes conforming, technical, and nonsubstantive changes. (Died in Assembly Health Committee on Assembly Rule 77.2 violation) AB 237 (Horcher-I) - Civil Procedure Provides that the filing of a motion for a protective order under discovery laws shall stay the time to respond to the respective demands to produce interrogatories, inspection demands, or requests for admission until 5 days after the hearing on the motion or until any other time the court may order. Provides that the stay shall apply only if the party or witness files and serves the motion at least 5 court days before the response to the interrogatory, inspection demand, or request for admission is due, as specified, and designates a hearing date not more than 20 days after filing, or the earliest available court date. (Died in Assembly Judiciary Committee) AB 238 (Horcher-I) - Civil Procedure Provides that if records of a party are sought to be produced at the deposition, the deposition must be scheduled for a date at least 20 days after service of the deposition notice. (Died in Assembly Judiciary Committee) AB 239 (Horcher-I) - Civil Procedure: Discovery Requires that an oral deposition be scheduled for a date at least 20 days after the service, rather than the issuance, of a subpoena or a deposition notice, if the deposition notice commands the deponent to produce documents or other tangible things, or if the party giving notice of the deposition is a subpoenaing party and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer. Provides that the filing of a motion for a protective order shall stay the commencement of a deposition and any production of books, documents, or other things at the deposition until 5 days after the hearing on the motion or until any other time the court may order. Provides that the stay shall apply only if the party or witness files and serves the motion at least 2 days before the noticed deposition date and designates a hearing date not more than 20 days after filing, or the earliest available court date. (Died in Assembly Judiciary Committee) AB 324 (Setencich-R) - Civil Recovery: Offenders Provides that there be no liability on the part of, and no cause of action for damages would arise against, any person who is not a peace officer for any injuries that result from that person acting to arrest, apprehend, or otherwise detain a subject whom that person observed commit, or had a reasonable cause to believe had committed, a crime which results in death or personal injury or which involves the use of force or the use, or threat to use, a firearm, imitation firearm, or deadly weapon, if the force used was reasonable force, as specified, given the circumstances, as they appeared to that person, and the means available to that person. (Died in Assembly Judiciary Committee) AB 372 (Cortese-RFM) - Mortgages Removes the sunset date which specifies that a $65 fee for preparing, executing and recording the discharge of a mortgage or the full reconveyance of a deed of trust is conclusively presumed to be reasonable. Chapter 230, Statutes of 1996 AB 410 (Battin-R) - Strict Products Liability Actions Overturns Ault v. International Harvester Company to remove a perceived distinctive for manufacturers to make safety improvements to an allegedly defective product after the product has caused an injury. (Failed passage in Senate Judiciary Committee) AB 432 (Rainey-R) - Liability: Negligence Makes specified legislative findings and enacts "The Personal Responsibility Act of 1996," which provides that (1) in any action for damages based on negligence, a person may not recover for injuries caused by his or her felony activity, as specified; and (2) in any action to recover damages arising out of the operation or use of a motor vehicle, a person may not recover non- economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, or other nonpecuniary damages if he or she is convicted of operating a motor vehicle under the influence of alcohol or drugs, or if he or she meets specified criteria regarding driving under the influence or failure to maintain auto insurance or establish financial responsibility with respect to his or her vehicle, except as specified. Provides that an insurer is not liable for those damages, as specified, and makes related changes. (Died in Senate Judiciary Committee) AB 464 (Campbell-D) - Developmentally Disabled: Contracts Provides that certain contracts regarding artistic properties entered into between a developmentally disabled adult, as defined, and a nonprofit organization, as defined, cannot be disaffirmed on the ground that the person is developmentally disabled if the contract has been approved by a prescribed superior court, as specified. (Died in Assembly Judiciary Committee) AB 492 (Alpert-D) - Exemplary Damages: Education Provides that after the allocation of attorney' s fees owed therefrom to counsel for a party or parties seeking an award of exemplary damages, except an award payable by a state employee or a state agency, an award of exemplary damages shall be paid 20% to the plaintiff or plaintiffs and 80% to the State Board of Equalization to be deposited in a special account in the General Fund and disbursed according to a specified formula for various public purposes pursuant to the Budget Act. Limits the exemplary damages which may be awarded against a small business, as defined. (Died in Assembly Judiciary Committee) AB 501 (Johnson-R) - Obligations: Joint and Several Liability Provides that a joint tortfeasor's liability for economic damages be several only, and not joint, if that tortfeasor's apportioned share of fault is less than the share of fault apportioned to the plaintiff. (Failed passage in Senate Judiciary Committee) AB 534 (Brulte-R) - Disruption of Film Production Provides that any person who seeks direct personal monetary consideration from a production company in exchange for ceasing or promising not to engage in conduct or activity which would disrupt the production of any motion picture, film, or similar audio-visual recording, as specified, shall be liable in civil damages of up to $250 or 3 times the amount of the requested or obtained monetary consideration, whichever is greater, to the production company. Provides for a civil complaint to be issued to and served upon any such person by a uniformed private security officer who either witnessed the act or received a report from a 3rd party who witnessed the act. (Died in Senate Judiciary Committee) AB 545 (Mazzoni-D) - Nuisance Abatement Provides that in any action to abate a nuisance the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the county, as specified. Authorizes a city or county to provide for the recovery of attorneys' fees by the prevailing party, as specified. Chapter 718, Statutes of 1996 AB 558 (Bordonaro-R) - Trade Libel Provides that a producer or shipper of perishable agricultural food products, as defined, or an association that represents that producer, who suffers damages as a result of the malicious public dissemination of knowingly false information, as defined, that a food product is not safe for human consumption, may bring an action for damages and for any other appropriate relief, including compensatory and punitive damages, in a court of competent jurisdiction. Provides for treble damages in the case of a person who disseminates that information for the purpose of harming the producer or shipper. Requires these actions to be commenced within 2 years of the dissemination of the false information. (Died in Assembly Judiciary Committee) AB 565 (Kaloogian-R) - Governmental Tort Liability Provides that a public entity is not liable for personal injury or death proximately caused by the use of excessive force by a peace officer in its employ unless it is proven that the peace officer's prior conduct in the line of duty made the use of excessive force reasonably foreseeable by the public entity. (Died in Assembly Inactive File) AB 583 (Sher-D) - Uniform Partnership Act of 1994 Enacts the Uniform Partnership Act of 1994, as specified, that applies to partnerships formed on or after January 1, 1997. Provides that partnerships formed before January 1, 1997, are governed by the Uniform Partnership Act until January 1, 1999, except as specified. Chapter 1003, Statutes of 1996 AB 627 (Katz-D) - Domestic Partnership: Registration, Termination, and Rights Thereof Defines "domestic partners" and provides for the registration of domestic partnerships with the Secretary of State. Specifies procedures for the termination of domestic partnerships. Prohibits a person who has filed a Declaration of Domestic Partnership from filing a new declaration until at least 6 months has elapsed from the date that a Notice of Termination of Domestic Partnership was filed with the Secretary of State in connection with the termination of the most recent domestic partnership, except where the previous domestic partnership ended because one of the partners died. Requires the Secretary of State to prepare forms for the registration and termination of domestic partnerships, and distribute these forms to each county clerk. Provides that any domestic partnership entered into outside of this state, which would be valid by the laws of the jurisdiction under which the partnership was created, shall be valid in this state. Requires a health facility to allow a patient's domestic partner and other specified persons to visit a patient, except under specified conditions. (Died in Assembly Judiciary Committee) AB 754 (Morrow-R) - Arbitration Recasts existing provisions of law governing the enforcement of arbitration agreements by, among other things, specifies the applicability of the provision to neutral arbitrators proposed by the parties or party arbitrators or by specified entities, and revises the procedures relating to the disqualification of a neutral arbitrator, as specified. (Died in Senate Judiciary Committee) AB 757 (Speier-D) - Exemplary Damages: Apportionment Enacts the Fair Damages Distribution and Litigation Reduction Act of 1995, providing for the apportionment of exemplary damages which exceed twice the amount of compensatory damages, as specified, among the plaintiff, the State Bar, and a nonprofit corporation chosen by the plaintiff, as specified. (Failed passage in Assembly Judiciary Committee) AB 777 (Speier-D) - State Tort Liability: Sexual Harassment Enacts special provisions governing the liability of the state for acts of sexual harassment by its officers and employees which, among other things, sets forth the findings and declarations of the Legislature, provides for the apportionment between the state and the officer or employee of judgments and settlements for claims of sexual harassment, prohibits promotion or increased compensation for a state officer or employee following discipline by an agency or a judgment against the officer or employee for such a claim, prohibits the state from making such a settlement confidential, and imposes liability to reimburse the state for the amount of the settlement upon any individual who violates this prohibition. (Failed passage in Assembly Judiciary Committee) AB 851 (Hoge-R) - Equine Activities: Limitation of 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. (Failed passage in Senate Judiciary Committee) AB 947 (Knight-R) - Negligence Provides that in any action for damages based on negligence, the rules of contributory negligence in effect in this state immediately prior to the adoption of comparative negligence shall apply in the event the plaintiff contributed to his or her injury by the commission of specified felonies. Specifies the circumstances under which this provision shall not apply. (Died on Senate Inactive File) AB 972* (Sher-D) - Product Liability: Common Consumer Products Specifies that existing law does not immunize manufacturers or sellers of tobacco products from liability for claims based on intentional fraud and misrepresentation, or conspiracy, as specified. (Failed passage in Assembly Judiciary Committee) AB 1016 (Kuehl-D) - Privileged Communications: Medical Information Provides that, notwithstanding specified exceptions, upon a claim for relief based upon physiological or psychological injuries, neither the party against whom the claim is asserted nor its insurance carrier may conduct an ex parte interview of the patient's treating physician or psychotherapist concerning the patient, without the patient's prior written consent, as specified. (Died in Assembly Judiciary Committee) AB 1069 (Hauser-D) - Administrative Hearings Requires that a decision by an administrative law judge be deemed to be adopted by an agency unless the agency files a petition for judicial review within a specified period of time, and eliminates procedures for reconsideration of a decision by an administrative law judge or an agency. (Died in Senate Judiciary Committee) AB 1070 (Morrow-R) - Contracts: Binding Arbitration Provides that if a contract contains a clause for arbitration of any dispute in an arbitration proceeding within California, as a separate article of the contract and substantially complies with specified conditions, it is not a contract of adhesion not unconscionable nor otherwise improper, and arbitration shall be compelled notwithstanding any other provision of law. (Died in Assembly Judiciary Committee) AB 1073 (Morrow-R) - Liability: Real Property Provides that an owner of any estate or any other interest in real property is not liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any criminal wrongdoing by a 3rd person, as specified. (Died in Senate Judiciary Committee) AB 1192 (Takasugi-R) - Service of Process: Gated Communities Provides a definition of a gated community for purposes of access for purposes of performing lawful services. (Died in Senate Judiciary Committee) AB 1239 (Goldsmith-R) - Securities: Rollup Transactions Deletes an exclusion to existing Corporate Securities Law relative to transactions dealing with a rollup transaction. Provides that the rights of limited partners shall be presumed not to be protected if the general partner proposes to convert contingent interests or fees into noncontingent interests or fees, or proposes to receive a noncontingent equity interest in exchange for fees for services that have not yet been provided. (Died in Senate Finance, Investment and International Trade Committee) AB 1249 (House-R) - Commencement of Actions: Asbestos Exposure Provides that a disability means the total or partial inability to perform one's regular occupation or regular daily activities as a result of the exposure and provides that the time for commencement for an action based upon exposure to asbestos while visiting or working upon or within the defendant's premises, as specified, shall be within 1 year of diagnosis of the disease or condition. Provides that any claim for disability that would otherwise be barred by these changes shall be deemed to have accrued on January 1, 1997. (Failed passage in Senate Judiciary Committee) AB 1251 (House-R) - Admissibility of CAL-OSHA Standards Makes it more difficult for persons injured as a result of exposure to asbestos to win suits against businesses which were not the injures persons employer but which owned property at which the injured person was exposed to asbestos. (Failed passage in Senate Judiciary Committee) AB 1309 (K. Murray-D) - Fraud: Real Estate Equity Purchasers: Victim Recovery Fund Provides that any person determined by clear and convincing evidence to be in willful violation of the provisions regulating home equity sales contracts shall be liable for damages proximately caused by the violation, and requires revocation or suspension of a real estate license held by that person, as specified. Authorizes the establishment in each county of a Real Estate Victim Recovery Fund, to be funded by a payment of fees in connection with recording real estate documents. The fund would be used to compensate victims of real estate fraud who have received a judicial judgment or arbitration award based upon a defendant's fraud. Requires a county to establish claims and administrative procedures governing the fund, and limits the amount of recovery for each claim to a maximum of $75,000. (Died on Senate Floor) AB 1317 (Speier-D) - Common Interest Developments Establishes a voluntary alternative dispute resolution process before a civil action is filed to collect a delinquent assessment and requires additional notice and disclosure requirements before an association can foreclose on an individual property. Chapter 1101, Statutes of 1996 AB 1320 (Olberg-R) - Real Property: Takings Requires a state agency to certify that it has completed a private property taking impact analysis, as specified, before commencing any regulatory action that could result in a taking or diminution of use or value of private property and to provide copies of that analysis to the public and to the property owner, as specified. Provides that any costs, values, or estimates contained in a private property taking impact analysis shall be rebuttably resumed to be outdated and inaccurate if the analysis was completed more than 5 years before a judicial or administrative proceeding and not updated within that 5-year period. Creates a cause of action against the state if any regulatory action infringes a right to real property that would otherwise exist and this infringement would result in a discrete and non-negligible reduction in the fair market value of the affected portion of the real property, as specified. (Died in Assembly Judiciary Committee) AB 1346* (Baldwin-R) - Civil Assessments Authorizes the court, in addition to any other penalty in infraction, misdemeanor, or felony cases, to impose a civil assessment against any defendant who fails to pay all or any portion of a fine ordered by the court. Provides that if a civil assessment is imposed for a failure to pay a fine, no bench or arrest warrant shall be issued with respect to the failure to pay the fine. Provides that an outstanding, unserved bench or arrest warrant for a failure to appear or for a failure to pay a fine shall be recalled prior to the subsequent imposition of a civil assessment. Chapter 217, Statutes of 1996 AB 1389 (Setencich-R) - Copyright: Contracts Regulates contracts between proprietors of retail establishments, as specified, and copyright owners and performing rights societies. Specifies required terms of the contracts, prohibits certain conduct by copyright owners and performing rights societies, and provides for civil penalties. Chapter 340, Statutes of 1996 AB 1405 (W. Brown-D) - Punitive Damages Requires that specified damages be imposed as a means to deter future conduct in cases arising from a breach of an obligation, not arising out of a contract, where the defendant is guilty of oppression, fraud or malice. (Died in Assembly Judiciary Committee) AB 1423 (Brulte-R) - Civil Actions: Liability Exempts a person other than a peace officer from civil liability for any injury to or the death of a felony offender during an attempt to detain, trace, identify, or apprehend the offender immediately after the commission of the felony, as specified. (Died in Assembly Judiciary Committee) AB 1479 (Goldsmith-R) - Civil Actions Extends existing law in civil actions and proceedings in cases where a party refuses to accept a settlement offer. (Died in Assembly Judiciary Committee) AB 1488 (Caldera-D) - Emergency Medical Services: Immunity from Liability: Dispatcher Services Includes dispatchers and dispatch services, as defined, within the definition of emergency rescue personnel for immunity from liability purposes. (Died in Senate Judiciary Committee) AB 1490 (Caldera-D) - Crimes: Unlawful Sexual Intercourse: Civil Penalties Allows civil penalties for adults who engage in unlawful sexual intercourse with a minor. The penalties are graduated, based on the age difference between the minor and the adult, as specified. Chapter 789, Statutes of 1996 AB 1516 (Morrow-R) - Professional Negligence: Joint and Several Liability Provides that no person may be held jointly liable to a 3rd party for any defect in the performance of professional services for another; that where a 3rd party has suffered economic damages as a result of a material defect in a defendant's performance of professional services for another, the liability of each defendant shall be several only and shall not be joint, and that in those instances, each defendant shall be liable only for the amount of economic damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against the defendant for that amount. Defines economic damages and professional services for these purposes, and sets forth an unspecified definition of 3rd party. (Died in Assembly Judiciary Committee) AB 1600 (Poochigian-R) - Civil Procedure Repeals specified civil procedures that cause unnecessary delays in court. (Died in Assembly Judiciary Committee) AB 1601 (Poochigian-R) - Product Liability Enacts the California Product Liability Reform Act of 1995 establishing specific provisions governing the determination of strict liability for design defects, and exempting prescription drug manufacturers from strict liability for design defects. (Failed passage in Senate Judiciary Committee) AB 1688 (Escutia-D) - Legal Proceedings: Governor States that for purposes of the constitutional prohibition against declaring a statute unenforceable on the basis of it being unconstitutional until an appellate court so rules, the Governor is deemed to be an administrative agency. Requires that in any action brought by the Governor to declare a statute unenforceable or to refuse to enforce a statute on the basis of it being unconstitutional or violative of federal law, the Governor must first allege and prove that an appellate court has determined that the statute is unconstitutional. Entitles a successful adverse party to such an action brought by the Governor or a person who successfully files a brief amicus curiae in that action to an award of attorneys' fees. (Died in Assembly Judiciary Committee) AB 1721 (Ducheny-D) - Student and Consumer Records Expands, clarifies and revises the responsibilities of community college districts and school districts as regards (a) furnishing student information in response to court orders or lawfully issued subpoenas, and (b) notifying parents and students when furnishing such information. Establishes a new procedure for the release of information in non- civil actions. Chapter 879, Statutes of 1996 AB 1729 (Morrow-R) - Evidence: Compliance Audit Privilege Establishes the safety and health audit privileges, as specified, which provides that a person for whom a safety and health audit is being, or was, performed has the privilege to refuse to disclose, and to prevent another from disclosing, all or part of the safety and health audit report, as specified, and that this report is not admissible or discoverable, as specified. Defines safety and health audit, safety and health audit report, and safety and health requirement for these purposes. Provides that the court or administrative tribunal, after an in camera review, may order materials disclosed to which it finds the privilege does not apply. (Died in Senate Judiciary Committee) AB 1730 (Morrow-R) - Civil Actions: Product Liability Provides that an action for death or injury caused by a defective product, as specified, must be brought within 10 years from the date of first sale, lease, or delivery for use or consumption to the initial consumer, as specified. Provides that it shall not apply to actions based upon fraudulent representation or concealment or where the defendant has expressly warranted the product for a longer period and the action is brought within that period. Provides that it shall apply to any cause of action accruing on or after January 1, 1997, involving any product in the stream of commerce prior to, on, or after that date. (Failed passage in Senate Judiciary Committee) AB 1803 (Campbell-D) - Confidential Communications Provides an exception to the physician-patient and psychotherapist-patient privilege when the information is sought by a county coroner for purposes of a coroner's inquest. Repeals the provisions of Government Code Section 27491.8 which provide a court procedure by which a coroner may obtain privileged medical history information from the physician or psychotherapist of a decedent. (Failed passage in Senate Judiciary Committee) AB 1862 (Morrow-R) - Exemplary Damages Provides that in any action in which exemplary damages are recoverable, the trier of fact shall determine whether the defendant is liable for exemplary damages; and if the trier of fact finds that a defendant is liable for exemplary damages, a separate proceeding shall be conducted by the trial court to determine the amount of exemplary damages to be imposed, as specified. The amount of exemplary damages that are awarded shall not exceed 3 times the amount of compensatory damages and shall be reasonably related to specified factors. (Failed passage in Senate Judiciary Committee) AB 1898 (Johnson-R) - Civil Actions: Case Questionnaires Authorizes municipal court defendants to serve case questionnaires, as specified. (Died in Senate Judiciary Committee) AB 1904 (Knox-D) - Damages Increases the minimum amount imposed upon a person who knowingly uses the personal characteristics of another for commercial purposes without that person's consent from $750 to $1,000. (Failed passage in Senate Judiciary Committee) AB 1927 (Cunneen-R) - Mandatory Judicial Arbitration Increases the threshold for mandatory submission of a civil action to judicial arbitration be increased from $50,000 to $150,000. (Died in Senate Judiciary Committee) AB 1938 (Morrow-R) - Negligence: Noneconomic Losses Provides that in any action for personal injury based on negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages, but the amount of damages for those noneconomic losses shall not exceed $250,000. (Died in Assembly Judiciary Committee) AB 2002 (Goldsmith-R) - Civil Procedure: Discovery Adds further requirements for mandatory discovery in all civil actions and proceedings except small claims actions, as specified. (Died in Assembly Judiciary Committee) AB 2006 (K. Murray-D) - Harassment: Restraining Orders Provides that a temporary restraining order shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment involving the parties to the proceedings. Requires law enforcement officers at the scene of an incident of harassment to verify the existence of the order if the protected person cannot produce a copy of it. If an officer determines that a protective order has been issued, but not served. Requires the officer to notify the respondent of the terms of the order and to enforce the order. Chapter 691, Statutes of 1996 AB 2020 (Burton-D) - Private Professional Conservators Provides a specific exemption to the prohibition of appointing a private professional conservator or guardian who is not registered with the county clerks. (Sent to Assembly Judiciary Committee pursuant to Assembly Rule 77.2 violation; died in committee) AB 2059 (Bowen-D) - Change of Names: Parolees and Probationers Requires a court to deny an application for change of name made by any person under the jurisdiction of the Department of Corrections. (Died in Senate Judiciary Committee) AB 2060 (Bowen-D) - Juries, Peremptory Challenges Eliminates the peremptory challenge of potential jurors in civil and criminal causes. (Died in Assembly Judiciary Committee) AB 2077 (Miller-R) - Limitation of Actions: Construction Defects Bars an action to recover damages for or arising from a latent deficiency, as described above, if that action is brought more than 6 years after the substantial completion of the development or improvement. Provides that these actions based on soil subsidence or similar specified conditions would be barred if the action is brought more than 10 years after the substantial completion of the development or improvement, as specified. (Died in Senate Judiciary Committee) AB 2129 (Goldsmith-R) - Punitive Damages Provides that a plaintiff may recover punitive damages where it has been proven beyond a reasonable doubt that the defendant has been guilty of oppression, fraud, or malice. Also makes a conforming change. Restricts the pleading or awarding of punitive damages where punitive damages have awarded in another state or federal court for the same conduct, as specified, and requires punitive damage awards in these cases to be reduced by the amount of prior punitive damage awards. (Died in Senate Judiciary Committee) AB 2132 (Rainey-R) - Civil Penalties: Emergency Broadcast Imposes a civil penalty of up to $5,000 on any person continuing a live broadcast of a law enforcement emergency incident, as defined, after being ordered to stop the broadcast by a specified law enforcement official. (Failed passage in Assembly Public Safety Committee) AB 2146 (Rainey-R) - Probate Permits a guardian/conservator to sell mutual funds of a ward/conservatee that are held without designation of a beneficiary without the authorization, confirmation or direction of the court absent a court order specifically limiting such sale. Adds to the list of specific securities that may be sold by a guardian/conservator without authorization, confirmation or direction of the court, the sale of securities that are to be directly redeemed by the issuer. Increases the threshold at which a formal probate proceeding must be filed from $60,000 to $100,000. Increases the threshold value of an estate that may be appraised by the public guardian/conservator, rather than by the probate referee, from $10,000 to $100,000, with the limitation that property sought to be sold without a requirement of court authorization, confirmation or direction and that is valued in excess of $10,000, must still be appraised by a probate referee. Increases the threshold, at which a person claiming as a successor to real property is permitted to file and record his or her claim by affidavit, from real property with a gross value of $10,000 to real property with a gross value of $20,000. Chapter 86, Statutes of 1996 AB 2166 (Miller-R) - Common Interest Developments Clarifies the responsibilities of sellers and realtors to disclose to prospective purchasers of units in common interest developments information concerning pending and settled litigation against the development. (Died in Senate Judiciary Committee) AB 2270 (Thompson-R) - Civil Procedure Law: DOE Defendants Revise the law relating to the pleading and substitution of "doe" defendants in lawsuits. (Failed passage in Senate Judiciary Committee) AB 2276 (Thompson-R) - Civil Liability: Injuries Incurred During Commission or Flight Prohibits persons engaged in, or believed by peace officers to be engaged in, specified felony conduct from recovering damages for any injury to the person incurred during or while attempting to avoid arrest following that conduct. (Failed passage in Senate Judiciary Committee) AB 2291 (Knox-D) - Indemnification of Attorney's Fees Costs Provides that a private owner of land or a public land trust which makes the property available for public recreational use and is sued by a person injured on the property is entitled to state indemnification of his/her attorney's fees in successfully defending the action, up to a maximum of $25,000, as specified. Chapter 932, Statutes of 1996 AB 2318 (Goldsmith-R) - Liability: Skating Rinks Provides that operators of roller and ice skating rinks are immune from tort liability if they comply with certain requirements as to the maintenance of their facility. (Failed passage in Senate Judiciary Committee) AB 2342 (Bordonaro-R) - Liability: Marine Weather Specifies that a public entity or public employee is not liable for personal injury, property damage, loss of profit, or wrongful death arising as a result of the dissemination of marine weather information, forecasts, and advisories, except in the case of an act or omission that constitutes an intentional tort. (Failed passage in Senate Judiciary Committee) AB 2344 (Woods-R) - Motor Vehicle Leases Allows radio advertisements to include a toll-free "800" number that may be called to obtain information about the details of the lease financing arrangements in lieu of expressly stating those details in the advertisement. Chapter 814, Statutes of 1996 AB 2348 (Davis-D) - Civil Actions for Shoplifting and Credit Card Fraud Provides merchants with an additional civil remedy to deter and prosecute credit card fraud and shoplifting. (Died in Senate Judiciary Committee) AB 2357 (Morrow-R) - Public Entity Immunity: No Liability for Skateboarding Injuries Provides that skateboarding be deemed to be a "hazardous recreational activity" so that a public entity is not liable for skateboarding injuries on its property, except as specified. (Died in Senate Judiciary Committee) AB 2385 (Brulte-R) - Joint and Several Liability Eliminates the joint liability of a service provider for economic damages when the person is found partially at fault for injuries suffered by an injured party. (Died in Senate Judiciary Committee) AB 2387 (Brulte-R) - Statute of Limitations Provides that a claim for damages based on acts or omissions of a person "rendering services" be barred unless it is brought within the earlier of (1) 3 years from the date of the defendant's actionable conduct or omissions, or (2) 1 year after the claimant discovers, or should have discovered with the exercise of reasonable diligence, the facts on which the claim is based. (Died in Senate Judiciary Committee) AB 2442 (Alby-R) - Expert Witnesses Prohibits employees and officers of the Department of Real Estate from testifying as expert witnesses in private civil actions involving the standard of care of the licensees they regulate, with specified exceptions. Vetoed by the Governor AB 2468 (Richter-R) - Civil Rights Prohibits, except as ordered by a court of competent jurisdiction as a matter of federal law or California constitutional law or except as necessary to establish or maintain eligibility for any federal program involving federal funds, any public school maintaining kindergarten or any of grades 1 to 12, inclusive, the California Community Colleges, the California State University, and the University of California if adopted by the Regents of the University of California, or any other publicly owned educational agency that receives state funding, from discriminating against, or granting preferences to, any individual or group on the basis of race, sex, color, ethnicity, or national origin with respect to a decision to admit a person to the educational institution or to provide financial assistance to a person, or in respect to an evaluation of a person's academic performance, except that economic factors and personal achievement may be considered when evaluating applicants. Prohibits any of these educational institutions from admitting any individual pursuant to procedures separate from the publicized admissions procedures of the educational institution. Prohibits an educational institution from considering letters of recommendation for admission of an individual, or other communications seeking to influence an admission decision, as specified, other than those submitted through the publicized admissions procedures of the educational institution. (Refused passage on the Assembly Floor) AB 2482 (Pringle-R) - Amusement Parks: Self Policing Allows an amusement park operator to lawfully detain a person suspected of violating lawful park rules and to arrest that person for "interfering with a business" if, after being informed of the rules, that person refuses to leave or to comply with the rules. Chapter 731, Statutes of 1996 AB 2533 (Miller-R) - Personal Identification: Credit Cards Prohibits the provision, sale, or use of any personal identification information about a customer for the purpose of direct marketing by mail or telemarketing solicitation, as specified. Requires the display of a notice informing customers that they need not provide personal identification information in connection with a credit card purchase, except as specified. (Died in Senate Judiciary Committee) AB 2621 (Brulte-R) - Commercial Leases Provides that real estate brokers be able to record a lien upon commercial real property to secure payment of any unpaid portion of a commission earned for placing a tenant in that commercial property. (Died in Senate Judiciary Committee) AB 2643 (Bordonaro-R) - Returned Checks: Service Charge Clarifies that a service charge of $25 for a returned check and $35 for any subsequent check is commercially reasonable. Chapter 1000, Statutes of 1996 AB 2646 (Granlund-R) - Unruh Civil Rights Act: Senior Citizen Housing Developments Substantially relaxes the present restrictions on establishing senior citizen housing developments. (Failed passage in Senate Judiciary Committee) AB 2678 (Figueroa-D) - False Claims Act Provides that the "litigation privilege" be inapplicable to claims subject to the False Claims Act. Chapter 1051, Statutes of 1996 AB 2682 (Kaloogian-R) - Probate Referees Replaces the probate referee system with a system of general independent appraisers. (Failed passage in Senate Judiciary Committee) AB 2750* (Kaloogian-R) - Statute of Limitations Revives all causes of action, except as specified, which are now barred by statutes of limitation pertaining to injury or death caused by silicone injections or implants. (Failed passage in Assembly Judiciary Committee) AB 2751 (Kaloogian-R) - Estates and Trusts Makes various changes to probate law provided for in this omnibus probate law bill. Chapter 862, Statutes of 1996 AB 2752 (Kaloogian-R) - Railroad Right-of-Way: Public Entity Immunity Provides that a public entity, who properly posts a no trespassing sign at a railroad right-of-way, be immune from liability for any unauthorized person injured in a railroad right-of-way. (Died in Senate Judiciary Committee) AB 2755 (Napolitano-D) - Vital Statistics Authorizes death certificates to be signed by an electronic signature or some other indicator of authenticity in order to improve the efficiency of California death registration procedures. Chapter 889, Statutes of 1996 AB 2832 (Bordonaro-R) - Actions and Proceedings Authorizes the court, upon the election of a trial de novo and upon a motion of the nonelecting party, to require the electing party to post a bond that is adequate to cover those costs and fees likely to be awarded if he or she does not prevail at the trial de novo. (Failed passage in Senate Judiciary Committee) AB 2859 (House-R) - Civil Actions: Collisions Between Vehicles and Domestic Animals Provides that no person owning, or controlling the possession of, any domestic animal running on open range or in designated grazing areas has the duty to keep the animal off any highway on that range or in those areas, and shall not be liable for damages caused by a collision between a vehicle and the animal, or for injury to any person riding in or on that vehicle, unless the claimant proves willful disregard for public safety. (Failed passage in Senate Judiciary Committee) AB 2880 (Baugh-R) - Exemplary Damages: Product Liability Prohibits the award of exemplary damages in product liability actions where certain facts are proven, except as specified. (Died in Assembly Judiciary Committee) AB 2953 (Villaraigosa-D) - Dispute Resolution: Fees Allows counties to collect the full dispute resolution program fee as authorized without adverse effect on trial court funding monies and states legislative intent. Chapter 942, Statutes of 1996 AB 2969 (Olberg-R) - Liability: Public Agencies and Employees Provides that neither a public entity nor a public employee is liable for an injury caused by the misuse of park playground equipment if that equipment meets the standards established by the United States Consumer Product Safety Commission for Public Playground Safety, except as specified. (Died in Senate Judiciary Committee) AB 3001 (Napolitano-D) - Hearsay Evidence Corrects technical deficiencies in the Evidence Code sections related to business records of nonparty businesses, in order to ensure that such records may continue to be admissible without requiring their authenticity to be proved through live testimony from the custodian of records or other qualified witness. Chapter 146, Statutes of 1996 AB 3015 (Hawkins-R) - Common Interest Developments: Reserve Funds Requires common interest developments to inspect major components of the developments when reviewing their reserve accounts. Chapter 80, Statutes of 1996 AB 3055 (Baugh-R) - Damages: Wrongful Employment Termination Limits damages for wrongful employment termination to one year of compensation including wages and benefits, other than actions for breach of a contract for a fixed term, including, collective bargaining contracts. Does not apply to actions brought under workers' compensation laws. (Failed passage on Assembly Floor) AB 3056 (Brulte-R) - Common Interest Developments: Motorcycles Precludes the governing documents of a common interest development from prohibiting the use of motorcycles to travel to residences within the development. Vetoed by the Governor AB 3113 (Goldsmith-R) - Summary Judgment Provides that a motion for summary judgment shall be granted if there is no genuine issue of fact, as specified. Permits, rather than requires, the motion or any opposition to the motion to include supporting papers. (Failed passage in Senate Judiciary Committee) AB 3128 (Boland-R) - Civil Liability Provides that neither a person who is shown by a preponderance of the evidence to have engaged in conduct that is punishable as a felony nor his or her spouse, heirs, or assigns may recover damages for any injury to property or person sustained while engaged in such conduct or while attempting to avoid capture therefor, except that this prohibition would not apply to an action on behalf of a minor child under the age of 15 years when a property owner has knowingly maintained a hazardous condition on his or her property which would reasonably be expected to cause injury to children. Provides that any peace officer who apprehends or attempts to apprehend a person for the commission of a felony is immune from civil liability, except as specified. (Died in Senate Judiciary Committee) AB 3135 (Baugh-R) - Attorney's Fee Adds reasonable attorney's fees incurred from the time of the offer to trial to those costs that shall be imposed upon a party who does not accept a formal settlement offer and who fails to obtain a more favorable judgment at trial. Requires a party who refuses a formal offer of settlement to post a bond to cover those costs and fees that it may be required to pay if that party does not obtain a more favorable judgment at trial. (Failed passage in Assembly Judiciary Committee) AB 3166 (Martinez-D) - Private Residences: Operation of a Business: Inspection Warrants Provides that, notwithstanding existing law, with respect to a home business office, cause shall be deemed to exist for purposes of issuing an inspection warrant only if reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular private residence and those standards are unrelated to the fact that there is a home business office in that residence, or there is reason to believe that a condition of nonconformity exists with respect to the particular home business office. (Died in Assembly Local Government Committee pending concurrence in Senate amendments) AB 3244 (Hawkins-R) - Rent Control Clarifies the provisions of the Costa-Hawkins Housing Act with respect to the right of a landlord to raise the rent on specified tenants, sublessees and assignees. Chapter 1031, Statutes of 1996 AB 3257 (Baugh-R) - California False Claims Act Provides that a "qui tam" plaintiff be required to provide "a written disclosure of material evidence and information" to the Attorney General as part of the complaint. Eliminates the requirement that the Attorney General or local prosecuting officer show "reasonable diligence in its investigation" in order to obtain an extension of time to determine whether to intervene. Eliminates the 90 day cap on the time a "qui tam" complaint is sealed. Chapter 700, Statutes of 1996 AB 3259 (Ackerman-R) - Liability Provides that no defendant may be held jointly liable in any action where responsibility has been apportioned based on comparative fault, where the defendant is determined to be less than 50% at fault, as a percentage of the fault of all tortfeasors. Provides that in actions not subject to the above provision relating to several liability for noneconomic damages, the liability of a defendant for noneconomic damages shall be several only and not joint if the defendant's apportioned share of fault is less than the plaintiff's. (Refused passage on Assembly Floor) AB 3281 (Cunneen-R) - Discovery: Documents Expands the definition of "document" to include an electronic mail communication made using a computer internet. (Died in Assembly Judiciary Committee) AB 3283 (Morrow-R) - Shareholder Derivative and Securities Law Class Actions Enacts the Shareholder Litigation Reform Act. (Died in Senate Judiciary Committee) AB 3304 (Napolitano-D) - Notary Public Provides that on documents to be filed in another state or jurisdiction of the United States, a California notary may complete any acknowledgment form as may be required in that other state or jurisdiction on a document if the form does not require the notary to make any determination or certification not allowed by California law. Chapter 97, Statutes of 1996 AB 3338 (Baugh-R) - Insurance: Settlement of Claims Provides that any person admitted as an insurer or eligible as a nonadmitted insurer, as specified, that pays a cash settlement to a policyholder or claimant pursuant to a policy of insurance and thereafter recovers subrogation or indemnification from another person, shall be entitled to recover reasonable attorney's fees, reasonable adjustment expenses, and interest at the legal rate from a date 30 days after the subrogor or indemnitor had actual notice, or notice sufficient to constitute service of process, of the subrogation or indemnity cause of action, as defined. (Died in Assembly Judiciary Committee) AB 3357 (Ackerman-R) - Public Liability: Wild Animals Provides that neither a public entity nor a public employee shall be liable for an injury caused by any wild animal or insect on open-space lands, as defined, unless the wild animal or insect is in the physical possession and control of the public entity or employee. (Failed passage in Senate Judiciary Committee) AB 3361 (Bustamante-D) - Notary Publics: Surety Bond Requires any person appointed as a notary public to meet certain qualifications and executes a surety bond in the sum of $15,000. Chapter 79, Statutes of 1996 AB 3364 (Knowles-R) - Attorneys' Fees: Early Demand Requires all contingency agreements for legal services to include, in writing, the actual hourly rate the contracting attorney charges for his or her services. Requires that in a dispute involving damages resulting from a motor vehicle accident, the attorney representing the plaintiff to make a written demand, by certified mail, prior to filing suit. Requires the demand to remain open, and the defendant's offer in response to the demand to remain in effect, for specified periods of time. Provides a method by which to determine attorney fees in actions arising from a motor vehicle accident and further provides for the tolling of the statute of limitations in those cases during the demand and response period. (Died in Senate Judiciary Committee) AB 3381 (Baugh-R) - Municipal Courts: Monetary Jurisdiction Sets the monetary jurisdiction for municipal courts at $50,000 or less. Provides for judicial arbitration of civil actions in superior court in which the amount in controversy will not exceed $100,000 for each plaintiff. (Failed passage in Senate Judiciary Committee) AB 3412 (Ackerman-R) - Civil Procedure Law Requires the grounds for and require mandatory sanctions for the filing of frivolous civil pleadings, to limit the award of fees under the "private attorney general" statute. (Failed passage in Senate Judiciary Committee) AB 3456 (Baugh-R) - Depositions: Recording Provides that a deposition officer shall be responsible for the production of stenographic transcripts and transcripts of audiotape or videotape recordings. Provides that no stenographer shall be responsible for operating video or audio recording equipment if those duties would interfere with the making of an accurate transcript. Specifically provides that the admissibility of an audiotape or videotape recording shall be determined pursuant to the Evidence Code. Makes the procedures for the review and signing of a stenographic transcript applicable to a transcript of an audiotape or videotape recording. (Died on Assembly Inactive File) ACA 28 (Richter-R) - Juries Provides that juries in civil causes shall consist of 6 persons. Provides that in criminal actions the jury shall consist of 6 persons, except that in capital cases, the jury shall consist of 6 persons unless the United States Constitution is held to require a greater number, in which case the jury shall consist of that greater number or any lesser number agreed upon by the parties in open court. (Failed passage in Assembly Public Safety Committee) ACA 36 (Knight-R) - Juries: Civil Actions: Prisoners Provides that a jury shall not hear a civil cause arising from the conditions of the plaintiff's confinement in a county jail or the state prison. (Died in Assembly Judiciary Committee)