1995 Significant Legislation
Pages 100-199
Index by Bill Number
[PAGE 100]
SB 580 (Wright-R) - Parole: Restitution
Prohibits the discharge from custody of a person who has been released on parole until the parolee has made restitution to the victim.
(In Senate Appropriations Committee)
SB 615 (Maddy-R) - Alternative Sentencing
Makes numerous changes to the existing alternative sentencing laws.
Chapter 372, Statutes of 1995
SB 623 (Peace-D) - Theft of Cable Signals
Prescribes monetary fines and prison terms for the theft of cable television signals.
(On Senate Unfinished Business File)
SB 639 (Peace-D) - Contractor Repairs
Provides an alternate felony/misdemeanor for a contractor, or the employees or agents of a contractor to offer to any insurance agent, broker, or adjuster, any fee, commission, profit sharing, or other form of direct or indirect consideration for referring an insured to a contractor for repairs to, or replacement of, structures covered by a residential or commercial insurance policy.
Chapter 373, Statutes of 1995
SB 662 (Boatwright-D) - False Statements
Provides that any person who knowingly makes any unsworn false statement as a witness before a legislative committee is punishable by imprisonment in the county jail not to exceed 1 year.
Vetoed by the Governor
[PAGE 101]
SB 769 (Lockyer-D) - Sentencing
Creates the Comprehensive Criminal Justice Act of 1995, applying only to offenses committed after January 1, 1997; and revises the punishment for all crimes classified as felonies for which a determinate term is specified.
(In Assembly Public Safety Committee)
SB 911 (Marks-D) - Probation: Rewards
Revises existing law relating to hate crimes, probation for such crimes and rewards.
Chapter 876, Statutes of 1995
SB 950 (Killea-I) - White Collar Crimes
Provides that any person convicted of a white collar crime is subject to specified enhancements, fines and liability to the victim for restitution.
Chapter 794, Statutes of 1995
SB 1069 (Costa-D) - Punishment Options
Establishes a 2-year pilot project to implement community-based punishment programs.
(In Assembly Appropriations Committee)
SB 1075 (Costa-D) - Sentencing
Provides for sentencing for every person who unlawfully and forcibly enters an inhabited house, vessel, floating home or trailer coach with the intent to commit assault or battery.
(In Senate Criminal Procedure Committee)
SB 1095 (Marks-D) - Penalties
Makes clarifying changes to existing law relative to punishment for the illegal possession of a firearm and/or ammunition. Provides that the procedure for an evidentiary hearing shall begin upon the defendant's conviction for specified crimes relative to motor vehicles.
Chapter 377, Statutes of 1995
[PAGE 102]
SB 1161 (Leslie-R) - Offenses Against the Elderly
Provides punishment for crimes and offenses committed against dependent adults.
Chapter 890, Statutes of 1995
SB 1231 (Lewis-R) - Worktime Credits
Makes every prisoner convicted of a violent felony ineligible to earn any credits towards reduction of a prison term.
(Failed passage in Senate Criminal Procedure; reconsideration granted)
SB 1244 (Watson-D) - Crimes: Helicopters
Provides that the shining of a light or bright device at a helicopter is punishable by a fine and imprisonment.
Chapter 416, Statutes of 1995
AB 12 (Katz-D) - Sentencing Credits
Provides that any person convicted of either a violent felony or a serious felony shall accrue no more than 15% credit for worktime or good behavior.
(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.
(In Assembly Public Safety Committee)
[PAGE 103]
AB 57* (Allen-R) - Schools: Loitering
Prohibits a person from loitering 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 bill is a member of a criminal street gang, as defined, or has previously been convicted of trespass or loitering crimes, as specified.
(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 a misdemeanor.
(In Assembly Public Safety Committee)
AB 83 (Napolitano-D) - Undocumented Aliens
Provides that any person who coerces another person to work below minimum wage is guilty of a felony and will be imprisoned in the state prison for a specified period. Contains a 3-Strikes exemption.
(On Senate Inactive File)
A similar bill is AB 81 (Napolitano-D) which is in Assembly Public Safety Committee.
AB 95 (V. Brown-D) - Kidnapping
Provides that any person who, by false promises and with the intent to either unlawfully deprive a parent or legal guardian of the custody of the child or to commit a felony upon the child, or moves a child under the age of 14 either into another part of the same county or out of the county, state or country is guilty of kidnapping.
(Held under submission in Senate Appropriations Committee)
AB 118 (Conroy-R) - False Documents
Makes it a misdemeanor or felony to file fictitious insurance documents. Contains a 3-Strikes exemption.
(On Assembly Inactive File)
[PAGE 104]
AB 126* (Rainey-R) - Sentencing
Makes numerous changes to existing sentencing laws. Specifically provides that a felony is punishable by imprisonment in the county jail for more than 1 year but less than 3 years, and requires reimbursement to counties for all costs resulting from the incarceration of felons.
(In Senate Criminal Procedure Committee)
AB 130 (Rainey-R) - Criminal Actions
Provides that existing law does not preclude a judge, who is not the trial judge in the case, from considering any information about a defendant for the purpose of that judge adopting a pre-trial sentencing position or approving or disapproving a guilty plea.
Chapter 86, Statutes of 1995
AB 190 (Frusetta-R) - Murder: Punishment
Includes within the enumeration of "special circumstances" a murder committed while the defendant was engaged in, or was an accomplice in, the commission of, or attempted commission of, or the immediate flight after committing, or attempting to commit, the offense of carjacking.
(Failed passage in Assembly Public Safety Committee)
AB 207 (Rogan-R) - Assault
Adds any flammable substance to the list of substances that constitute a felony for throwing at a person with the intent to disfigure.
Chapter 468, Statutes of 1995
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.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
[PAGE 105]
AB 295 (Baldwin-R) - Pornography
Expands the term "matter" governing obscene matter and pornography to include various types of film and computer media. Exempts specified individuals from the criminal aspects relative to access to unlawful material.
(In Senate Judiciary Committee)
AB 300 (Rainey-R) - Sentencing: Statement by the Court
Requires the court to include in an oral statement regarding the award and calculation of conduct and worktime credits that they will be considered only an estimate of the minimum term that the inmate could serve based upon any reduction imposed by the court due to the award of such credits.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 343 (Hoge-R) - Crimes
Consolidates, revises and recasts existing law relating to crimes and restitution.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 380 (Boland-R) - Sexual Offenses
Provides that any person who commits any specified sexual offense with knowledge that he/she has AIDS shall be punished by imprisonment in the state prison for life with the possibility of parole.
(In Assembly Public Safety Committee)
AB 392 (Gallegos-D) - Vandalism
Expands existing law relative to vandalism on personal property to include any public entity or property belonging to the federal government.
Chapter 38, Statutes of 1995
[PAGE 106]
AB 400 (Gallegos-D) - False Representation
Provides that any person who falsely represents to any other person that he/she is an employee of a public utility is guilty of a misdemeanor.
Chapter 460, Statutes of 1995
AB 491 (Aguiar-R) - Murder
Provides that if the 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.
(Held under submission in Senate Appropriations Committee)
AB 547 (Alpert-D) - False Statements
Provides that any false or fraudulent statement or misrepresentation for the purpose of misrepresenting the existence of coverage for workers' compensation is punishable as a wobbler.
(In Assembly Public Safety Committee)
AB 567 (Kaloogian-R) - Prostitution
Provides that existing law making it a misdemeanor to solicit or agree to engage in any act of prostitution does not preclude a local government from adopting any ordinance that prohibits loitering with the intent to engage in prostitution.
(Failed passage in Assembly Public Safety Committee)
AB 587* (Rainey-R) - Sentencing
Prohibits a magistrate from determining that an offense is a misdemeanor once the defendant has been indicted by a grand jury on the charge and the defendant is pending disposition on the indictment in the superior court.
Modifies the "3-Strikes" initiative statute to clarify that probation is prohibited with regard to a current offense, extends the limitation on the award of credits to apply to confinement in a county facility, and clarifies and consolidates the formula used to calculate the term for each current felony conviction under this provision. Eliminates the authority of the court and a magistrate to reduce a conviction for a current offense to a misdemeanor, as specified, and/or to modify the application of the initiative statute with regard to juvenile adjudications, to a commitment to the
[PAGE 107] California Rehabilitation Center and the Department of the Youth Authority, and to the sentencing of applicable enhancements.
Specifies that existing provisions of law do not authorize a judge to dismiss on his/her own motion a prior felony conviction alleged for purposes of determining a sentence under the 3-Strikes initiative statute.
(In Assembly Public Safety Committee)
AB 588 (Rainey-R) - Crimes: Assault: Battery: Public Transportation
Repeals existing provisions that increase punishment for assault, battery, and assault with a deadly weapon or with force likely to produce great bodily injury when the victim of these offenses is an operator, driver, station or ticket agent, or passenger on certain transportation vehicles and recasts them to apply to situations where the above offenses are committed against any person on the property of, or in a motor vehicle of, a public transportation provider, as defined.
(In Assembly Public Safety Committee)
AB 589 (Rainey-R) - Parole
Requires the discharge of violent parolees unless the Department of Corrections recommends to the Board of Prison Terms that the person be retained on parole and the Board of Prison Terms makes a determination of good cause that the person will be retained on parole. Limits, with regard to a parolee sentenced to a determinate terms, the period of confinement pursuant to a revocation of parole to a period equal to the good behavior, participation, or worktime credits received by the parolee on his/her prison term or the remaining parole period, whichever is longer, not to exceed 5 years, except for the specified extensions.
Adds to the list of offenses that make a parolee confined upon revocation of parole ineligible to earn worktime credit under this provision.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 593 (Boland-R) - Crimes Against Social Workers
Provides for penalties and enhancements for offenses committed against a social worker, child abuse investigator or other certified or licensed personnel.
(Held under submission in Senate Appropriations Committee)
[PAGE 108]
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. Specifies procedures for the release and granting of parole of persons sentenced under the determinate sentencing law, as recast by this bill, that are similar to those employed under the indeterminate sentencing law.
(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 one of enumerated non-serious 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.
(In Assembly Public Safety Committee)
AB 624 (Allen-R) - Schools: Gun-Free School Zones
Provides that a violation of the gun-free school zone law is punishable by imprisonment in the state prison for 2, 3 or 5 years if the person possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or if the person possesses a firearm within 1,000 feet from the grounds of the public or private school and any of several specified circumstances apply.
Chapter 659, Statutes of 1995
AB 663 (Boland-R) - Sex Offenses: Enhancement
Provides that any person who violates one or more of specified sex crimes with knowledge that he/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. For the purpose of proving this knowledge, the prosecuting attorney may use specified test results received pursuant to certain provisions of existing law.
(In Assembly Public Safety Committee)
[PAGE 109]
AB 695 (Napolitano-D) - Hate Crimes
Adds immigration status and homelessness to those protected under existing law relative to hate crimes.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 720 (Speier-D) - Domestic Violence
Expands the list of those who may be included in domestic violence crimes, and specifies punishment for these crimes.
(Held under submission 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.
(In Assembly Public Safety Committee)
AB 776 (Aguiar-R) - Obscene Matter
Redefines "obscene matter" and "obscene live conduct".
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 871 (Baldwin-R) - Obscenity
Increases the punishment prescribed for various offenses relating to obscene matter.
(In Senate Judiciary Committee)
AB 881 (Rogan-R) - Sentencing
Authorizes the Department of Corrections to add to a state prison sentence up to 1/3 of the total term of imprisonment for acts of misconduct committed while serving the term of imprisonment imposed by the court, whether or not prosecution is taken.
(In Assembly Public Safety Committee)
[PAGE 110]
AB 918 (Cunneen-R) - Sentencing
Amends existing law relative to enhancements on violent felonies.
(Held under submission in Senate Appropriations Committee)
AB 928 (Battin-R) - Great Bodily Injury
Eliminates provisions in existing law relative to the element of intent to inflict injury when considering sentencing enhancements.
Chapter 341, Statutes of 1995
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.
(Held under submission in Senate Appropriations Committee)
AB 985 (Firestone-R) - Stalking
Provides punishment for the crime of stalking.
Chapter 438, Statutes of 1995
AB 1012 (Machado-D) - Crimes Against Pupils
Increases the punishment for crimes committed within a safe school zone against a pupil currently attending school. Provides that if the crime committed is rape, unlawful sexual intercourse, rape in concert, procurement of a child under the age of 16 for lewd and lascivious acts or aggravated sexual assault in a safe school zone on a victim that the perpetrator knows is a pupil shall receive a sentence enhancement of 1, 2 or 3 years in the state prison.
(Held under submission in Senate Appropriations Committee)
[PAGE 111]
AB 1015 (W. Murray-D) - Crimes: Conductive Tools
Makes it a misdemeanor for the sale or use of any conductive long-handled, hand-held tool.
(Failed passage in Assembly Public Safety; reconsideration granted)
AB 1018 (Rainey-R) - Sentencing
Limits the accrual of worktime credits to 15% of the total term of imprisonment imposed.
(In Assembly Public Safety Committee)
AB 1035 (Katz-D) - Loitering
Makes it a misdemeanor to loiter in or near any public place in a manner manifesting the purpose of engaging in drug-related activity or with the intent to commit prostitution.
Chapter 981, Statutes of 1995
AB 1036 (Vasconcellos-D) - Sentencing Commission
Establishes a 16-member California Sentencing Commission for the purpose of devising sentencing guidelines.
(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; reconsideration granted)
[PAGE 112]
AB 1038 (Vasconcellos-D) - Child Abduction
Provides that it is a crime for a person to take, entice away, keep, withhold or conceal a child from a parent or lawful custodian.
Vetoed by the Governor
AB 1132 (Caldera-D) - Homicide
Deletes homicides committed in the heat of passion from those circumstances under which homicide is excusable.
(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.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1161 (Woods-R) - Kidnapping
Increases the sentence for kidnapping .
(In Assembly Public Safety Committee)
AB 1200 (Morrissey-R) - Nudity
Makes it a misdemeanor for a person to knowingly expose in public his/her private parts, or devices simulating private parts.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1205 (Morrissey-R) - Crimes Against Seniors
Adds specified acts towards senior citizens to existing law relating to crimes of fraud.
(Failed passage in Assembly Public Safety Committee; reconsideration granted; motion to withdraw from committee failed)
[PAGE 113]
AB 1295 (Sher-D) - Hate Crimes
Expands the definition of hate crimes to include entities.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1344 (Sweeney-D) - Crimes on School Property
Provides that it is a misdemeanor for a person to reenter a campus or facility of any public school within 30 days after being directed to leave, unless the person is a parent or guardian of a student at the school.
Chapter 163, Statutes of 1995
AB 1399 (W. Brown-D) - Corporate Crimes
Provides for sentence enhancements on corporate criminal offenses.
(In Assembly Public Safety Committee)
AB 1403 (House-R) - Sex Offenders
Increases the punishment for specified sex offenders to 25 years to life.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1444 (Kuehl-D) - Prior Convictions
Amends existing law dealing with sentencing of individuals being sentenced for a violent or serious felony who have one or more prior violent or serious felony convictions.
(In Assembly Public Safety Committee)
[PAGE 114]
AB 1481 (Martinez-D) - Animals: Theft
Provides that it is a crime to steal or carry away an animal of another for purposes of sale, medical research, commercial use or to defraud a person of an animal for purposes of medical research or slaughter.
Chapter 151, Statutes of 1995
AB 1490 (Caldera-D) - Unlawful Sexual Intercourse
Requires the Attorney General to establish a 3-year pilot project in counties (undesignated) to create an Underage Sex Offenses Unit. Provides for increased criminal punishment for, and impose civil penalties on, an adult who impregnates a minor.
(Failed passage in Assembly Public Safety; reconsideration granted)
AB 1568 (Thompson-R) - Vehicle Theft
Provides that the theft of an automobile is exclusively a felony.
(In Assembly Public Safety Committee)
AB 1605 (Boland-R) - Carjacking
Provides that every person who attempts a carjacking is guilty of a felony and shall be imprisoned in the state prison for 2, 4 or 6 years.
(Held under submission in Senate Appropriations Committee)
AB 1606 (Hawkins-R) - Child Abuse: Enhancements
Provides for a specified mandatory and permissive 4-year sentence enhancement for anyone found guilty of specified offenses involving a child.
(Held under submission in Senate Appropriations Committee)
[PAGE 115]
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.
(In Assembly Public Safety Committee)
AB 1734 (Frusetta-R) - Obscene Matter
Increases the punishment prescribed for various offenses relating to obscene matter.
(In Assembly Public Safety Committee)
AB 1741 (Bordonaro-R) - Murder
Provides that a murder which is committed while the defendant was engaged in the commission of gang activities falls under special circumstances for sentencing purposes.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1764 (Cunneen-R) - Sentence Enhancements
Provides for sentence enhancements for specified domestic violence offenses.
(Held under submission in Senate Appropriations Committee)
AB 1772 (Hawkins-R) - Counterfeit Seals
Provides that every person who sells, furnishes, transports or imports into California any counterfeit seals intended for the purpose of concealing the true citizenship of an individual is guilty of an offense punishable by specified sentences in the county or state prison.
(In Assembly Public Safety Committee)
AB 1779 (Brewer-R) - Robbery
Increases the penalties for specified robbery convictions.
(In Assembly Public Safety Committee)
[PAGE 116]
AB 1780 (Setencich-R) - Counterfeit Seals
Provides that every person who sells, furnishes, transports or imports into California any counterfeit seals intended for the purpose of concealing the true citizenship of an individual is guilty of an offense punishable by specified sentences in the county or state prison.
(In Assembly Public Safety Committee)
AB 1809 (Knox-D) - Sentencing
Requires the Department of Corrections to inform every prisoner that any reduction of time earned for worktime credits is subject to suspension if there is a violation of the conditions of parole and that violation results in the revocation of parole. Increases from 1 year to 2 years the time of commitment required to be served in cases where there is a revocation of parole absent a new conviction.
(In Assembly Public Safety Committee)
AB 1837 (Figueroa-D) - Vandalism
Provides that nothing in the Penal Code shall invalidate any local ordinance that otherwise regulates graffiti.
Chapter 42, Statutes of 1995
AB 1866 (Baldwin-R) - Threats
Adds Deputy Commissioners of the Board of Prison Terms to the list of those persons to which the existing law relating to crimes of threat apply.
Chapter 354, Statutes of 1995
AB 1881 (Machado-D) - Obscenity
Increases the punishment for various offenses related to obscene matter depicting or involving the use of minors. Contains a 3-Strikes exemption.
(In Senate Judiciary Committee)
[PAGE 117]
AB 1892 (Burton-D) - Eavesdropping
Revises existing law relative to electronic eavesdropping.
Chapter 129, Statutes of 1995
AB 1952 (Baldwin-R) - Crimes: Marijuana
Provides for punishment for the possession of marijuana at school. Provides for sentencing for the crime of possession of 28.5 grams of marijuana while at school.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
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 Public Safety Committee; reconsideration granted)
[PAGE 118]
Procedural
SB 33 (Peace-D) - Arrest Warranty
Expands existing law relative to when a magistrate would be required to issue a warrant of probable cause for arrest.
Chapter 563, Statutes of 1995
SB 56 (Beverly-R) - Juries
Provides that a trial jury in municipal court will consist of 8 persons. Requires a trial jury in civil actions in municipal court where the amount in controversy is not more than $25,000 to consist of 8 persons.
(In Assembly Judiciary Committee)
SB 67 (Ayala-D) - Sex Offenders: Identification
Requires the Department of Vehicles, prior to the issuance, reissuance or reinstatement of any license or identification card to conduct a criminal records check to determine if the applicant is required to register as a sex offender.
Creates the Motor Vehicle Registered Sex Offender Identification Fund for the purpose of encoding drivers licenses and identification cards of those required to register as a sex offender.
(In Senate Criminal Procedure Committee)
SB 115 (Marks-D) - Domestic Violence: Restraining Orders
Provides that a protected person's consent to, or invitation for, contact with the restrained person's consent will not change the terms and conditions of a protective order nor its enforceability.
(In Senate Judiciary Committee)
[PAGE 119]
SB 116 (Marks-D) - Criminal Procedure
Requires a magistrate to hear motions to determine if there is good cause to release property seized under a search warrant.
(In Senate Criminal Procedure Committee)
SB 121 (Thompson-D) - Criminal Procedure
Provides that when a defendant has been charged with murder, evidence of voluntary intoxication shall be admissible on the issue of whether the defendant harbored express malice aforethought , but not implied malice aforethought.
Chapter 793, Statutes of 1995
SB 133 (Boatwright-D) - Diversion Fees
Repeals existing apportionment formula of diversion fees and provides that the fees specified in the California Uniform Controlled Substances Act may not exceed the actual costs for the programs authorized to be reimbursed by the fees.
Chapter 67, Statutes of 1995
SB 138 (Polanco-D) - Punishment Options
Requires the office responsible for distributing funds received by the state under the federal Violent Crime Control and Law Enforcement Act of 1994 to prepare a statewide plan for the development of work intensive program for offenders.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
SB 187 (Hayden-D) - Protective Orders
Makes various changes to existing law relative to protective orders in domestic violence cases.
Vetoed by the Governor
[PAGE 120]
SB 262 (Kelley-R) - Trial Court Delay Reduction Act
Revises the Trial Court Delay Reduction Act by exempting actions or proceedings brought on a contract for the collection of amounts due for goods or services if that amount does not exceed $25,000.
(In Senate Judiciary Committee)
SB 295 (Peace-D) - Registered Sex Offenders
Requires any person required to register as a sex offender to disclose this fact to the licensee of a community care facility prior to becoming a client of that facility.
Chapter 840, Statutes of 1995
SB 303 (Wright-R) - Testimony: Witnesses
Authorizes the court to order that the testimony of an individual who is disabled as a result of mental retardation be taken by contemporaneous examination and cross-examined in another place and out of the presence of the judge and jury.
Chapter 844, Statutes of 1995
SB 331 (Campbell-R) - Criminal Procedure
Makes revisions to existing law relative to the definition of "reasonable doubt".
(In Assembly Public Safety Committee)
SB 440 (Ayala-D) - Sex Offenders
Prohibits a sex offender from serving as a volunteer with responsibility for the care of minors.
(In Senate Criminal Procedure Committee)
SB 447 (Haynes-R) - Release Bond
Authorizes the court to impose a conditional sentence under which a defendant is required to post a postconviction bond, under specified conditions.
(In Senate Criminal Procedure Committee)
[PAGE 121]
SB 508 (Campbell-R) - Juries
Provides that all records of personal juror identification information shall, with specified exceptions, be sealed at the conclusion of a criminal jury proceeding.
Chapter 964, Statutes of 1995
SB 517 (Kopp-I) - Bail
Revises existing law as to what may be used as bail in lieu of a deposit of money.
Chapter 56, Statutes of 1995
SB 527 (Alquist-D) - Criminal Offender Records
Requires the Department of Justice to implement a program targeting criminal offender records information.
(On Assembly Inactive File)
SB 532 (Kelley-R) - Arraignment by Video
Appropriates an unspecified sum for the purpose of establishing a pilot project in Imperial County authorizing, in all cases in which a defendant is charged with a misdemeanor or felony and the defendant is at that time in the state prison in that county , the court to order, with the consent of the defendant, the initial appearance and arraignment in court to be conducted by 2-way electronic audiovisual communication between the defendant and the courtroom.
(In Senate Criminal Procedure Committee)
SB 561 (Mountjoy-R) - Notice of Release
Authorizes the sheriff or chief of police to notify specified individuals when a person convicted of a violent crime is scheduled to be released from prison.
Chapter 936, Statutes of 1995
[PAGE 122]
SB 573 (Polanco-D) - Criminal Procedure
Amends existing law relative to criminal procedure involving a defendant with prior convictions.
(In Senate Criminal Procedure Committee)
SB 591 (Solis-D) - Domestic Violence
Eliminates the waiver provision in existing law and prohibits a court from issuing a mutual restraining order in domestic violence cases unless both parties personally appear and present written evidence of abuse or violence and the court finds that both parties acted primarily as aggressors and neither party acted in self defense.
Chapter 246, Statutes of 1995
SB 734 (Marks-D) - Criminal Procedure
Amends existing law relative to criminal procedure and limitations of actions, as specified.
Chapter 704, Statutes of 1995
SB 778 (Marks-D) - Graffiti
Requires the county treasurer to credit any fine levied for graffiti violations into a specified fund for community awareness and education programs.
Vetoed by the Governor
SB 824 (Marks-D) - Grand Juries
Makes various changes in the selection of grand juries.
Vetoed by the Governor
SB 840 (Beverly-R) - Criminal Procedure
Authorizes the court to order the initial court appearance in a criminal procedure to be conducted by 2-way electronic audiovideo communication, as specified.
Chapter 367, Statutes of 1995
[PAGE 123]
SB 856 (Thompson-D) - Parole
Requires the Department of Corrections to develop procedures to prevent the battery of officers by inmates.
Chapter 967, Statutes of 1995
SB 857 (Thompson-D) - Evidentiary Examinations
Requires the establishment of 5 hospital-based training centers to train medical personnel on how to perform medical evidentiary examinations if victims of child abuse and neglect, sexual assault or domestic violence.
Chapter 860, Statutes of 1995
SB 924 (Petris-D) - Commencement of Action
Provides that the time for commencement for an action for injury or death suffered as a result of domestic violence shall be 4 years from the end of the relationship.
Chapter 602, Statutes of 1995
SB 1004 (Marks-D) - Certificate of Death
Requires that a certificate of death include the type of weapon used in cases of homicide, suicide or accidental death.
(In Assembly Health Committee)
SB 1016 (Boatwright-D) - Electronic Surveillance
Allows a judge to authorize interception of wire, electronic digital pager or electronic cellular telephone communications under specified conditions.
Chapter 971, Statutes of 1995
[PAGE 124]
SB 1115 (Monteith-R) - Fines and Penalties
Requires specified fines and forfeitures derived from fish and game violations to be deposited with the county treasurer in the county where the offense was committed.
(Failed passage in Senate Criminal Procedure Committee)
SB 1143 (Mountjoy-R) - Sexually Violent Predators
Provides that whenever the Director of Corrections determines that an individual who is under the jurisdiction of the department may be a sexually violent predator, he/she shall, at least 6 months prior to the scheduled release, refer the person for evaluation, as specified.
Chapter 762, Statutes of 1995
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 treatment.
(In Assembly Public Safety Committee)
SB 1199 (Mountjoy-R) - Juries
Prohibits the submission of any written questionnaire to a prospective juror containing questions regarding his or her vote in any state or local election and whether he or she owns a firearm.
(In Senate Criminal Procedure Committee)
SB 1230 (Solis-D) - Death Review Teams
Authorizes counties to establish interagency domestic violence death review teams.
Chapter 710, Statutes of 1995
SB 1245 (Polanco-D) - Bail
Requires the court to vacate the forfeiture and exonerate the bond in cases of forfeiture where the defendant is not in custody and is beyond the jurisdiction of the state, as specified.
Chapter 434, Statutes of 1995
[PAGE 125]
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 the penalty is life in prison without the possibility of parole.
(In Senate Criminal Procedure Committee
AB 67 (Bowen-D) - Release on own Recognizance
Creates an exemption to releasing a defendant on his/her own recognizance if the court finds that a release will compromise public safety.
Chapter 51, Statutes of 1995
AB 74 (Baca-D) - Plea Agreements
Provides that any defendant who is fully advised to his/her rights regarding a plea agreement may 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.
(In Assembly Public Safety Committee)
AB 80 (Napolitano-D) - Taxation Violations: Place of Trial
Provides that the place of trial for violation of a criminal case charging a defendant with committing a violation of the Personal Income Tax Law may be as provided the same as in other specified provisions of law.
Chapter 40, Statutes of 1995
AB 82 (Pringle-R) - Booking Fees
Provides that any increase in a booking fee charged by a county must be adopted prior to the beginning of the fiscal year.
Chapter 910, Statutes of 1995
[PAGE 126]
AB 145 (Rogan-R) - Mental Competence
Requires that where a defendant is confined in a treatment facility, a copy of any report to the committing court regarding the defendant's progress toward recovery of mental incompetence must be provided by the committing court to the prosecutor and to the defense counsel.
Chapter 593, Statutes of 1995
AB 149 (Hoge-R) - Criminal Procedure
Creates a right in the victim of a criminal offense entitling the victim up to 2 members of the victim's immediate family to be present and seated at all criminal proceedings, as specified.
Chapter 332, Statutes of 1995
AB 156 (Napolitano-D) - Documents
Prohibits a deceptive identification document from being furnished unless the government document disclaimer and the name of the manufacturer are printed on the document.
Chapter 133, Statutes of 1995
AB 158 (Baca-D) - Victims and Witnesses: Notice
Requires that victims of violent crimes, as well as witnesses and family members of the victims, be notified of any parole suitability hearing or the setting of a parole date. (Also in Victims Rights Section)
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 167 (Bordonaro-R) - Video Arraignment
Makes various changes to existing law relative to allowing audiovideos of defendants during an arraignment.
Chapter 131, Statutes of 1995
[PAGE 127]
AB 168 (Alpert-D) - Domestic Violence: Diversion
Requires a defendant to enter a plea of guilty prior to referral to a diversion program, as specified.
Vetoed by the Governor
AB 173 (Machado-D) - Sex Offenders: Registration
Expands the list of offenses that must be included in the requirement to register as a sex offender.
Chapter 85, Statutes of 1995
AB 178 (Johnson-R) - Bail
Provides that the clerk of the court shall not accept a general assistance check to be deposited as bail.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
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.
(In Assembly Public Safety Committee)
AB 195 (Morrow-R) - Criminal Procedure: Capital Cases
Provides that within 6 months of a judgment and sentence of death in a capital case, the California Supreme Court is required to appoint counsel at public expense for any defendant who is unable to employ counsel.
(In Assembly Public Safety Committee)
[PAGE 128]
AB 219 (Baca-D) - Arrests
Authorizes a police officer to obtain a right thumbprint on a promise to appear from a person arrested for an infraction.
Chapter 93, Statutes of 1995
AB 232 (K. Murray-D) - Prior Convictions
Provides that the burden of proof remains with the defendant and is that of proof by a preponderance of the evidence, rather than beyond a reasonable doubt, as specified.
Chapter 83, Statutes of 1995
AB 233 (Kuehl-D) - Department of Justice
Amends existing law relative to procedures dealing with a Domestic Violence Protective Order Registry.
Chapter 731, Statutes of 1995
AB 270 (Kuykendall-R) - Witness Protection
Appropriates $225,000 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 Appropriations Committee; reconsideration granted)
AB 291 (Johnson-R) - Pretrial Release Registers
Specifies requirements of a county pretrial release agency where a defendant is released on his/her own recognizance.
(Failed passage in Senate Criminal Procedure Committee)
AB 292 (Richter-R) - Arraignments: Sierra County
Extends to January 1, 1998 the January 1, 1996 sunset date on procedures related to accusatory pleadings in Sierra County.
Chapter 43, Statutes of 1995
[PAGE 129]
AB 330 (Woods-R) - Sentencing: Capital Appeals
Provides that upon any plea that a judgment of death is rendered, an appeal shall be taken by the defender no later than 1 year after the date on which it is filed.
(In Assembly Public Safety Committee)
AB 354 (Rogan-R) - Appeals
Prohibits an appeal by a defendant on the grounds of an error in the calculation of presentence custody credits, unless specified conditions are met.
Chapter 18, Statutes of 1995
AB 355 (Rogan-R) - Evidence
Makes changes in existing law relative to evidence and leading questions in specified cases involving sexual abuse of a child.
Chapter 87, Statutes of 1995
AB 454 (Hoge-R) - Parole: Violent Offenders
Authorizes the Department of Corrections to refer for evaluation any prisoner who has been convicted of specified violent sex crimes. If the prisoner is found to be suffering from a mental disorder and a danger to society, the Department of Corrections is required to treat the prisoner in an institution until the mental disorder is in remission and the prisoner is no longer likely to commit violent sex offenses.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 462 (Rogan-R) - Criminal Procedure
Revises and recasts existing law relative to criminal procedure.
(In Assembly Public Safety Committee)
[PAGE 130]
AB 569 (Bowler-R) - Criminal Procedure: Death Penalty
Provides that if a judgment of death in a capital case 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 execution, the execution shall take place without further judicial proceedings on the day set by the warden which shall not be more than 45 days after the date was set by the court.
(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. If the court finds that the claim is procedurally barred and also addresses the merits of the claim, the court would be required 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, the court thereafter would be required 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 that if the California Supreme Court denies review of a decision of the court of appeal without comment or discussion, that denial shall not be deemed to be an expression of opinion on the merits of the case. Provides that the decision of the court of appeal would be deemed the last ruling of a state court for the purpose of determining whether state remedies have been exhausted and whether the decision is based on a state procedural bar. 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 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. Provides that the court or judge may, but is not required to, order discovery, as specified. Provides that no court or judge shall have jurisdiction to order discovery for use in a habeas corpus proceeding until the petition for habeas corpus has been filed.
(In Assembly Public Safety Committee)
[PAGE 131]
AB 594 (Boland-R) - Probation
Requires a probation officer to make a determination of the defendant's ability to pay specified case related costs.
Chapter 36, Statutes of 1995
AB 653 (Davis-D) - Child Death
Adds clarifying language to existing provisions of law relating to organizations involved in addressing the prevention of child death.
Chapter 539, Statutes of 1995
AB 681 (Hannigan-D) - Sex Offenders: AIDS Testing
Requires the court to order a person convicted of the offense of sexual battery, or lewd or lascivious acts with a child to submit to blood test for AIDS.
Chapter 396, Statutes of 1995
AB 878 (Rogan-R) - Protective Orders
Authorizes the issuance of an order to enjoin a party from stalking or destroying personal property in specified domestic violence cases.
Chapter 598, Statutes of 1995
AB 880 (Rogan-R) - Criminal Procedure: Dismissal
Prohibits a judge or magistrate from striking a prior serious or violent felony conviction for sentence enhancement purposes upon his/her own motion under the "3-Strikes" initiative provisions.
(In Assembly Public Safety Committee)
AB 882 (Rogan-R) - Evidence
Amends existing law relative to character traits in evidence procedures.
Chapter 439, Statutes of 1995
[PAGE 132]
AB 883 (Rogan-R) - Hearsay Exemption
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 Assembly Public Safety Committee; reconsideration granted)
AB 884 (Rogan-R) - Criminal Procedure
Reduces, from 21 days to 20 days, the maximum time period for a court to appoint a time for pronouncing judgment in a criminal procedure.
Chapter 41, Statutes of 1995
AB 888 (Rogan-R) - Sexually Violent Predators
Provides that whenever the Director of Corrections determines that an individual is a sexually violent predator, he or she must, at least 6 months prior to the individual's scheduled release, refer that person for evaluation, as specified.
Chapter 763, Statutes of 1995
AB 891 (Rogan-R) - Workers' Compensation: Criminal Prosecution
Provides that a determination of facts by the Workers' Compensation Appeals Board under certain provisions relating to workers' compensation would not have collateral estoppel effect on any subsequent criminal proceedings.
Chapter 158, Statutes of 1995
AB 893 (Rogan-R) - Probation
Provides that a person convicted of a felony while on probation for a felony at the time of the commission of the new offense is ineligible for probation.
(In Assembly Public Safety Committee)
[PAGE 133]
AB 900 (Alby-R) - Sex Offenders: 900 Telephone
Makes various changes to existing law as it relates to the "900" telephone number relating to sex offenders.
(In Assembly Public Safety Committee)
AB 988 (Hawkins-R) - Criminal Procedure
Provides the same type of immunity for misdemeanor proceedings as is provided in felony proceedings relative to defendants. Requires the admission of specified evidence, if otherwise admissible, and provides for the protection of the constitutional rights of criminal defendants by civil action if those rights are violated by state or local public agencies, as specified. Authorizes trial courts to impose specified sanctions on law enforcement agencies found to have violated constitutional principles in a criminal proceeding.
(In Assembly Public Safety Committee)
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.
(In Assembly Public Safety Committee)
AB 1066 (Martinez-D) - Protective Orders
Authorizes a protective order in domestic violence cases to enjoin a party from causing damage to property of the other party or harassing or stalking the other party.
(In Assembly Judiciary Committee)
AB 1078 (Archie-Hudson-D) - Domestic Violence: Shelters
Makes it unlawful for any person to disclose the location of a domestic violence shelter unless authorized by the administrator of the shelter.
(In Assembly Public Safety Committee)
[PAGE 134]
AB 1084 (Morrow-R) - Parole: Release Location
Authorizes the parole releasing authority to consider the psychological well-being of the victim in making a decision to return a parolee to the county of commitment. Prohibits a paroled inmate from being returned to the same county in which the victim or witness resides, and from being released to a location with 100 miles, rather than 35 miles, of the actual residence of the victim or witness.
(In Assembly Public Safety Committee)
AB 1092 (Alby-R) - Sex Offenders: Registration
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.
(In Assembly Public Safety Committee)
AB 1109 (Kaloogian-R) - Bail
Authorizes specified officers either to prove and accept bail or release the person on his/her own recognizance.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1111 (Rogan-R) - Arraignment
Requires the court, in any case where the defendant has been convicted of a felony, to require the defendant to immediately provide a right thumbprint in a box provided in the judgment of conviction document that shall remain in the court file.
Chapter 159, Statutes of 1995
AB 1131* (Caldera-D) - Criminal Procedure
Amends existing definition of reasonable doubt, and prohibits the courts from giving a jury any further instruction on the subject of the presumption of innocence or the definition or defining reasonable doubt need be given.
Chapter 46, Statutes of 1995
[PAGE 135]
AB 1141 (Baldwin-R) - Grand Juries
Makes various changes to existing law relative to the length of time an individual may serve on a grand jury, as well as repealing specified procedures related to grand juries.
(In Assembly Public Safety Committee)
AB 1146 (Alby-R) - Sex Offenders: AIDS Testing
Requires the court to order a person convicted of continuous sexual abuse of a child to submit to an AIDS test.
(In Assembly Public Safety Committee)
AB 1211 (Kuehl-D) - Battered Woman Syndrome: Writ of Habeas Corpus
Includes within specified 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.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1226 (Martinez-D) - Disclosure of Witness Addresses
Requires the court, when the defendant is acting as his or her own attorney, to endeavor to protect the address and telephone number of a victim or witness, as specified.
Chapter 184, Statutes of 1995
AB 1387 (Brulte-R) - Criminal Convictions
Creates the Criminal Convictions Record Act, as specified.
(In Assembly Public Safety Committee)
[PAGE 136]
AB 1452 (Kaloogian-R) - Criminal Procedure
Requires that a defendant be taken before the magistrate without unnecessary delay, but not more than 48 hours after his/her arrest. Requires that time to be extended to include the duration of the next regular court session on the judicial day immediately following if the 48 hours expire at a time when the court is not in session.
Chapter 465, Statutes of 1995
AB 1470 (W. Brown-D) - Criminal Procedure
Exempts private reward programs offered by victims of crimes for information leading to the arrest and conviction of specified offenders from specified situations in law prohibiting the receiving of compensation as a witness in a criminal procedure.
Chapter 53, Statutes of 1995
AB 1494 (Alby-R) - Sex Offenders: Registration
Requires sex offenders to register every 90 days after the initial registration required under existing law.
(Assembly Public Safety Committee)
AB 1678 (Granlund-R) - Juvenile Court Records
Provides that at the time a defendant pleads guilty or at the time the court sets a case for trial, the court shall order that any juvenile court record of the defendant be unsealed if the record has been sealed.
(In Assembly Public Safety Committee)
AB 1736 (Harvey-R) - Criminal Procedure
Authorizes the parties to stipulate, and the court to order, that a criminal cause be tried by a retired judge.
Chapter 349, Statutes of 1995
[PAGE 137]
AB 1803 (Campbell-D) - Physician-Patient Confidential Communications
Excepts from the physician-patient privilege confidential communications between a deceased subject of an inquest or inquiry and his or her physician 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.
(In Assembly Public Safety Committee)
AB 1804 (Goldsmith-R) - Electronic Monitoring
Authorizes the continuous electronic monitoring system to monitor the whereabouts of specified parolees in San Mateo and San Diego Counties.
Chapter 867, Statutes of 1995
AB 1815 (Bowen-D) - Criminal Procedure: Review
States legislative 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 noncapital criminal case if the appointed counsel has determined that no meritorious issues exist for appeal.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1836 (Figueroa-D) - Reports on Abuse
Makes changes in existing law relative to reporting abuse violations.
Chapter 813, Statutes of 1995
AB 1884 (Allen-R) - Criminal Procedure: Extraordinary Costs
Requires a county, in making a request for reimbursement of extraordinary costs, to include a written statement from the assigned trial judge or the presiding judge that contains the opinion of the court as to whether these costs are reasonably necessary for the prosecution or defense of the case.
Chapter 388, Statutes of 1995
[PAGE 138]
AB 1892 (Burton-D) - Eavesdropping
Revises existing law relative to electronic eavesdropping.
Chapter 129, Statutes of 1995
AB 1901 (Alby-R) - Sex Offenders: Registration
Eliminates the requirement for a sex offender to register annually with local law enforcement officials, as specified.
(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, 5/6ths of the jury may render a verdict, but if the death penalty is sought, only a unanimous jury may render a verdict. Also 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 Public Safety Committee; reconsideration granted)
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.
(In Assembly Public Safety Committee)
[PAGE 139]
Juvenile Justice
SB 7 (Peace-D) - Juvenile Offenders
Authorizes a prosecuting officer to file an accusatory pleading against a minor for whom charges in the juvenile court have been transferred to a court of criminal jurisdiction.
Chapter 61, Statutes of 1995
SB 86 (Haynes-R) - Dependent Minors
Specifies various procedures to be followed prior to and during jurisdictional hearings for minors.
(In Assembly Judiciary Committee)
SB 213 (Polanco-D) - Juvenile Records
Specifies that certain juvenile court records may not be sealed.
(In Senate Criminal Procedure Committee)
SB 402 (Haynes-R) - Jurisdictional Hearings
Provides that at the jurisdictional hearing of a juvenile, the parent shall have the right to request that a jury be the trier of fact.
(In Senate Judiciary Committee)
SB 453 (Johannessen-R) - Foster Care: Group Home Payments
Prohibits the placement of a minor who has been voluntarily placed, adjudged a dependent child of the court, or as to whom a petition has been filed for adjudgment as a dependent child of the court in a group home with any minor who has come within the jurisdiction of the court because he/she has violated any law or ordinance defining a crime other than curfew based solely on age.
(In Senate Health and Human Services Committee)
[PAGE 140]
SB 545 (Wright-R) - Juveniles: Pilot Project
Requires 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.
(In Senate Criminal Procedure Committee)
SB 575 (Polanco-D) - Juveniles: Facilities
Requires the State Department of Social Services to license correctional services facilities for children, as specified.
(Held under submission in Assembly Appropriations Committee)
SB 604 (Rosenthal-D) - Community Based Punishment Act
Expands existing provisions to authorize the establishment and funding of educational, vocational and special services for juvenile offenders in nonresidential boot camp style environments.
Chapter 72, Statutes of 1995
SB 944 (Johnston-D) - School Finance: Juvenile Court Schools and Community Schools
Sets forth a method for equalizing the revenue limits for juvenile court school programs and certain community school programs, over the 1996-97, 1997-98, 1998-99, 1999-2000, and 2000-01 fiscal years. Requires the apportionment of funds for county community schools with an annual average daily attendance of 20 or less at the same level as juvenile court school programs.
Chapter 658, Statutes of 1995
SB 1092 (Marks-D) - Minors: Juvenile Records
Eliminates the existing provision of law requiring the destruction of specified juvenile confidential information 12 months after its receipt by the court or 12 months after the minor returns to public school.
Chapter 71, Statutes of 1995
[PAGE 141]
SB 1188 (Hurtt-R) - Juveniles: Pilot Project
Establishes a pilot project that applies to juveniles adjudged wards of the court due to the commission of a nonviolent crime.
(In Senate Criminal Procedure Committee)
SB 1234 (Watson-D) - Juveniles: Mediation
Authorizes a county to establish a special juvenile mediation program, in which minors found to have committed vandalism could participate.
(In Senate Criminal Procedure 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.
(In Senate Criminal Procedure Committee)
SB 1332 (Wright-R) - California REACH Program: Youth Facilities
Revises and recasts existing provisions to require the county to pay the sate $150 per month for the time a person from that county is committed to the Department of the Youth Authority, effective July 1, 1995.
(On Assembly Third Reading)
AB 7 (Conroy-R) - Paddling
Specifies that paddling may be administered as a punishment for juveniles adjudged to be wards of the court.
(In Assembly Public Safety Committee)
[PAGE 142]
AB 72 (Baca-D) - Juvenile Facilities
Specifies 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.
(In Assembly Human Services Committee)
AB 267 (House-R) - Minors: Restitution
Specifies that the parent having custody and control of a minor who is ordered to pay restitution to a victim shall be jointly and severally liable with the minor for the amount of restitution ordered.
(Failed passage in Assembly Public Safety; reconsideration granted)
AB 359 (Bordonaro-R) - Release of Names
Requires the disclosure of any minor taken into custody for the commission of any defined serious felony or any defined graffiti offense.
(Failed passage in Assembly Public Safety Committee)
AB 361 (Napolitano-D) - Juvenile Hearings
Extends the time within which a minor receives a detention hearing during the time of a state of emergency in a county.
Chapter 112, Statutes of 1995
AB 401 (Setencich-R) - Juvenile Sex Offenders
Requires juvenile sex offenders to register with local law enforcement agencies in specified cases.
(In Senate Rules Committee)
[PAGE 143]
AB 488* (Baca-D) - Juvenile Justice System
Requires a report showing administrative actions taken by agencies or institutions within the juvenile justice system in specified situations.
Chapter 803, Statutes of 1995
AB 496 (Horcher-I) - Juveniles: Fees
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.
(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.
(In Assembly Public Safety Committee)
AB 605 (McPherson-R) - Riots: Juvenile Facilities
Provides that disturbing the public peace may occur in any juvenile hall, juvenile camp, juvenile ranch or juvenile forestry camp.
Chapter 132, Statutes of 1995
AB 637 (Bowler-R) - Information Data
Clarifies existing law relative to transmitting information relating to the arrest of a minor.
Chapter 356, Statutes of 1995
AB 762 (House-R) - Juvenile Sentence Enhancements
Provides that a finding by a juvenile court that a person has committed one of a specified list of violent crimes shall be registered as a prior conviction for purposes of enhancements.
(In Assembly Public Safety Committee)
[PAGE 144]
AB 858 (Aguiar-R) - Local Government
Makes numerous changes to existing law relating to distribution of funds and agreements between the state and local governments pertaining to the California Youth Authority.
Chapter 916, Statutes of 1995
AB 889 (Rogan-R) - Juvenile Crime: Victim Statements
Deletes the court's discretion over the existing right of specified persons to express their views in juvenile criminal cases.
Chapter 234, Statutes of 1995
AB 906* (Aguiar-R) - Local Government: Juvenile Facilities
Appropriates specified funds from the General Fund to the Department of the Youth Authority for distribution to eligible counties, as specified, in order to assist the counties in the operation of local juvenile facilities for the 1995-96 fiscal year. Revises and recasts existing provisions to require the county to pay the sate $150 per month for the time a person from that county is committed to the Youth Authority, effective July 1, 1995. Requires, effective August 1, 1995, each county to pay the state for each person committed to the Youth Authority pursuant to a scale with regard to the offense on which the commitment is based.
(In Conference)
A similar bill is AB 1143 (Villaraigosa-D) on Assembly Inactive File.
AB 962 (Harvey-R) - Juveniles: Firearms
Adds the commission of any felony while armed with a firearm to the list of those crimes that makes a minor unfit to be tried in the juvenile court system.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 145]
AB 989 (Hawkins-R) - Minors: Restitution: Parental Liability
Authorizes a court to issue a citation to the parents or guardians of a minor, where a petition alleging that the minor has committed a crime is sustained, ordering the parents or guardians to appear in court and notifying them that they may be liable for the payment of restitution. Provides that a parent or guardian who has joint or sole legal and physical custody and control of that minor may be held jointly and severally liable for the amount of the restitution under specified circumstances.
Chapter 268, Statutes of 1995
AB 1009 (Frusetta-R) - Juveniles: Youth Authority
Precludes any person from being committed to the California Youth Authority upon conviction of any violent felony if the defendant has previously been committed for a violent felony.
(Failed passage in Assembly Public Safety Committee)
AB 1115 (Hawkins-R) - Juveniles: Commitment
Amends existing law that prohibits the commitment of certain persons to the Department of the Youth Authority, including a minor convicted of specified criminal violations to provide that these remand provisions do not apply where commitment to the Department of the Youth Authority is prohibited where a minor is convicted in a criminal action for certain offenses and sentenced to a prescribed term.
Chapter 343, Statutes of 1995
AB 1125* (Davis-D) - Injunctions
Amends existing law relative to minors obtaining an injunction or temporary restraining order, as specified.
Vetoed by the Governor
[PAGE 146]
AB 1143* (Villaraigosa-D) - Local Government
Appropriates a specified amount from the General Fund to the Department of the Youth Authority for distribution to eligible counties, as specified, in order to assist the counties in the operation of these local juvenile facilities for the 1995-96 fiscal year.
(On Assembly Inactive File)
A similar bill is AB 906* (Aguiar-R) which is in Conference.
AB 1185 (Morrissey-R) - Records
Provides that information gathered by a public entity may be disclosed to another public entity when there is reason to believe that a minor has committed, or may soon commit, a crime.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1300 (K. Murray-D) - Juvenile Offenders
Creates a 2-year pilot project in Los Angeles County to meet the needs of minors who are determined to be at risk of becoming chronic juvenile offenders.
(Failed passage on Assembly Floor)
AB 1348 (Knowles-R) - Juveniles: Costs of Support
Provides that specified persons shall not be liable for costs relative to the support of a minor if a petition to declare the minor a dependent child of the court is dismissed at the jurisdictional hearing. Provides that these persons shall be liable for the cost to the county for legal services rendered to the minor or to any of these persons, as specified. Provides that specified persons shall not be liable to the county for any of the legal services provided to these persons or to the minor if a petition to declare the minor a dependent child of the court, as specified, is dismissed at the jurisdictional hearing.
(In Assembly Judiciary Committee)
AB 1412 (Villaraigosa-D) - Nonviolent Offenders
Directs the Department of the Youth Authority to research and produce a report on the need to develop local or regional programs or placements for nonviolent juveniles.
(In Senate Appropriations Committee)
[PAGE 147]
AB 1445 (Baca-D) - Graffiti
Authorizes a court to suspend or delay a person's driving privileges for every conviction for specified graffiti offenses.
Chapter 55, Statutes of 1995
AB 1592 (Boland-R) - Records
Prohibits the sealing of a juvenile's court records in cases of the conviction of committing a felony while armed with a firearm.
(In Senate Criminal Procedure Committee)
AB 1678 (Granlund-R) - Juvenile Court Records
Provides that at the time a defendant pleads guilty or at the time the court sets a case for trial, the court shall order that any juvenile court record of the defendant be unsealed if the record has been sealed. Requires the court to send a copy of the order to each juvenile court which the court has reason to believe may possess the defendant's juvenile court records, directing the court to unseal the records. Provides that the juvenile court record of any person may be used without limitation for purposes of impeachment or enhancement of sentence in a criminal proceeding.
(In Assembly Public Safety Committee)
[PAGE 148]
Courts/Judges/Attorneys
SB 60 (Kopp-I) - State Bar
Makes various changes to the dues schedule that may be imposed upon a bar member, and makes membership in the State Bar mandatory.
Chapter 782, Statutes of 1995
SB 93 (Leonard-R) - Retired Judges
Provides for the compensation of a retired judge assigned to serve on the court of appeal or the supreme court and regulates the days of service.
(Held under submission in Senate Appropriations Committee)
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.
(In Senate Judiciary Committee)
SB 162 (Lockyer-D) - Municipal and Superior Court Judges
Provides that upon a vacancy in a municipal court judgeship for any county, the number of municipal court judges will be reduced by 1 and the number of superior court judges will be increased by 1.
Chapter 963, Statutes of 1995
[PAGE 149]
SB 197 (Kopp-I) - Courts: Civil Procedure
Revises and recasts existing law governing motions for preference, relief from entry of judgment based on an attorney's affidavit of fault, the authority of courts to govern proceedings by local rule, the right of parties to make stipulations in their own interest, the service and return of summons, the dismissal of actions, judicial arbitration, and standards of timely decision for the processing and disposition of civil and criminal actions in superior courts, and trial court delay reduction programs.
(In Assembly Judiciary Committee)
SB 353 (Alquist-D) - Gifts and Honorarium
Revises existing law relative to the amounts of gifts and honorarium that a judge may accept.
Chapter 378, Statutes of 1995
SB 596 (Petris-D) - 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.
(In Senate Judiciary Committee)
SB 600 (Campbell-R) - Law Libraries
Increases the amount for filing fees and that portion to be allocated for county law libraries.
(Failed passage in Assembly Judiciary Committee)
SB 702 (Petris-D) - First Year Law Students
Eliminates the requirement that a student at a nonaccredited law school pass the examination as a condition of receiving credit for the first year of study or subsequent study, and of admittance to the practice of law. Requires only that a student at a nonaccredited school take the examination.
Vetoed by the Governor
[PAGE 150]
SB 795 (Boatwright-D) - Shorthand Reporters
Provides that a provider of shorthand reporting services shall either hold a board certificate, or be a professional corporation, as specified. Provides that a shorthand reporter's certificate may be suspended or revoked for those causes, upon failure to fulfill reasonable terms and conditions of probation. Also includes as a specified cause for disciplinary action, fraud or misrepresentation resorted to in attempting to obtain a certificate.
Prohibits shorthand reporters and providers of shorthand reporting services from engaging in specified conduct, including failing to maintain a published rate schedule, discriminating in the types of reporting or incidental services offered in any action, failing to notify contemporaneously all parties attending any proceeding of the availability of a transcript or other writing, failing to disclose a conflict of interest, failing to comply with a court order, communicating nonpublic information, or engaging in unfair, deceptive, or unlawful practices or substantially incompatible conduct.
Requires the reporter, prior to the commencement of the deposition, to disclose on the record all financial or other contractual arrangements and relationships between the reporter and any party or attorney, all services being made available to any party or attorney in connection with the deposition, and any conflict of interest between the reporter and any party or attorney, as specified.
(In Senate Judiciary Committee)
SB 825 (Kelley-R) - Courts: Riverside and San Bernardino Counties
Establishes a pilot project in Riverside and San Bernardino Counties of trial court consolidation in which judges in the superior and municipal courts would have similar jurisdiction over all cases filed, share unified executive and administrative structure, and be authorized to receive the same compensation.
(In Assembly Judiciary Committee)
SB 874 (Calderon-D) - Courts: Judges
Provides that the Court of Appeal for the 2nd Appellate District consist of 7 divisions, having 4 judges each. Provides that the 4th Appellate District will consist of 6 judges, rather than the current 5 judges.
(On Assembly Inactive File)
[PAGE 151]
SB 897 (Leslie-R) - Attorney's Fees
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.
(On Senate Inactive File)
SB 1102 (Dills-D) - Courts
Revises the existing provisions for the consolidation of the Kings County Municipal Court, establishes a North Santa Barbara Municipal Court and provides for the selection of trial jurors.
Chapter 894, Statutes of 1995
SB 1103 (Mountjoy-R) - Trial Costs: O.J. Simpson
Authorizes the County of Los Angeles to apply to the State Controller for reimbursement of 100% of the costs associated with the homicide trial of Orenthal James Simpson. Provides that the authorized costs are those incurred between January 1, 1995 through January 1, 2000.
(In Senate Judiciary Committee)
SB 1148 (Watson-D) - Durable Powers of Attorney
Revises the law governing durable powers of attorney relative to health care.
Chapter 417, Statutes of 1995
SB 1284 (Senate Judiciary Committee) - Courts: Personnel
Revises the number, compensation, and classification of specified court personnel in Alameda, El Dorado, Fresno, Imperial, Kern, Kings, Napa, Nevada, Orange, Riverside, Sacramento, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Stanislaus, and Tulare Counties.
Chapter 892, Statutes of 1995
[PAGE 152]
SB 1321 (Calderon-D) - Legal Services
Revises existing provisions relating to the appointment of examining committee members within the State Bar.
(Failed passage in Assembly Judiciary Committee; reconsideration granted)
SB 1356* (Kopp-I) - Courts
Provides for the appointment by the Administrative Director of the Courts to the position of Court Security Coordinator, a position deemed temporary in nature and requiring the specialized skills and experience of a retired professional peace officer. Requires that the 4th quarterly payment from the Trial Court Trust Fund for the prior fiscal year shall be made on August 31 commencing with the 1994-95 fiscal year. Specifies that for the 1995-96 fiscal year only, the Counties of Alpine and San Francisco shall be eligible to receive any trial court funds appropriated by the Legislature from the General Fund and the Trial Court Trust Fund pursuant to the allocation formula adopted by Trial Court Budget Commission.
Chapter 760, Statutes of 1995
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.
(In Senate Criminal Procedure Committee)
SCA 4 (Lockyer-D) - Court Consolidation
Authorizes the Legislature to eliminate some or all municipal courts, and provides for the establishment of unified superior courts and the qualification and election of its judges.
(In Assembly Judiciary Committee)
SCA 19 (Leslie-R) - Commission on Judicial Performance
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.
(In Assembly Judiciary Committee)
[PAGE 153]
AB 51 (Johnson-R) - Elections: Qualifications for Office: County Officials: Judges
Requires that a person may not be considered a legally qualified candidate for the offices of county auditor, county district attorney, county sheriff, county superintendent of schools, or judge of the municipal or superior court, unless the person has filed a declaration of candidacy, nomination paper, or statement of write-in candidacy, accompanied by documentation, as defined, sufficient to establish, in the determination of the official with whom the declaration or statement is filed, that the person meets each qualification established by specified provisions of law for service in that office.
Chapter 729, Statutes of 1995
AB 737 (Hauser-D) - Municipal Courts
Makes numerous changes to existing law relative to salaries and benefits provided in municipal courts, as well as conforming changes in various municipal court districts throughout the state.
Chapter 954, Statutes of 1995
AB 848 (Isenberg-D) - Trial Court Coordination Plan
Makes numerous adjustments relative to the trial court coordination plan and its funding.
Chapter 759, Statutes of 1995
AB 1414 (W. Brown-D) - State Bar: Discipline
Repeals a requirement that the State Bar submit a specified report to the Legislature relative to procedural changes in the disciplinary system.
Chapter 88, Statutes of 1995
AB 1420 (W. Brown-D) - Attorneys: Fees
Requires that a contract between a client and attorney include a statement that before hiring a lawyer, the client has the right to know about the lawyer's education, training, and experience, and his/her actual experience dealing with similar cases.
(In Assembly Judiciary Committee)
[PAGE 154]
AB 1435 (W. Brown-D) - State Bar: Membership Fee Schedule
Annual membership fees bill relating to the California State Bar.
Chapter 193, Statutes of 1995
AB 1708* (McPherson-R) - Election Procedures: Judges
Deletes the existing requirement that (1) a copy of a declaration of intention filed by a candidate for a judicial office, except for municipal and justice court offices, be immediately forwarded by the county elections official to the Secretary of State; (2) the county elections official transmit to the Secretary of State the nomination document for each candidate for judge of the superior court, among others; (3) nomination documents for judge of the superior court be filed in the office of the Secretary of State; (4) the certified list of candidates sent by the Secretary of State to each county elections official include specified information on candidates for judicial office; (5) the certified list of candidates nominated or selected at a primary election sent by the Secretary of State to each county elections official include specified information on candidates for judicial office; (6) the form of the notice sent by the Secretary of State to the county elections official stating the offices for which candidates are to be nominated at the primary election include notice of candidates for judicial offices; (7) election officials, on termination of the official canvass of an election, to send to the Secretary of State "forthwith" after that election by registered mail 1 complete copy of returns as to elections for, among others, judges, except judges of inferior courts as it relates to judges until January 1, 1996; and, instead, requires election officials to provide returns as to elections for Supreme Court Justice or Justice of the Court of Appeal.
Chapter 736, Statutes of 1995
AB 1733 (Boland-R) - County Court Costs: Broadcast Rights
Authorizes, notwithstanding any other provision of state law and to the extent permitted by federal law, 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; reconsideration granted)
[PAGE 155]
AB 1783 (Setencich-R) - Public Records
Requires every county courthouse, in addition to any other method of providing public access to records, to make its court file records accessible based on the last name of the judge who presided over the case. This specific additional requirement of public access imposes a state-mandated local program.
(Failed passage in Assembly Appropriations Committee)
AB 1818 (W. Brown-D) - Judges
Provides that the Court of Appeal for the 2nd Appellate District consist of 7 divisions having 4 judges each. Provides that the division which is directed to hold its regular sessions in Orange County shall have 6, rather than 5, judges.
(Held under submission in Senate Appropriations Committee)
AB 1833* (Figueroa-D) - Court Interpreters
Requires the Judicial Council to approve 1 or more entities for the certification of court interpreters of Spanish and other foreign languages by July 1, 1997.
Chapter 143, Statutes of 1995
AB 1936 (Rainey-R) - Elections: Ballot Pamphlet and Ballots: Judicial; Candidates
Requires that the state ballot pamphlet explanation inform the voters of how long the term of the justice will be if he or she is approved by the voters, and requires that the ballot also include an instruction to the voters, in a specified location, to vote "yes" or "no" for each judicial office.
(In Senate Elections and Reapportionment Committee)
[PAGE 156]
Drunk Driving/Vehicle Code
SB 223 (Ayala-D) - Liens on Vehicles
Provides that a person seeking to enforce a lien on a vehicle may not impose any charges exceeding that for 1 day of storage if the vehicle is released within 24 hours.
(In Assembly Transportation Committee)
SB 240 (Ayala-D) - Towing: Impoundment
Makes various changes to existing law relative to the towing and impoundment of vehicles.
Chapter 404, Statutes of 1995
SB 414 (Thompson-D) - Vehicles: Fines
Requires the Department of Transportation, in consultation with the California Highway Patrol, to develop 3 pilot projects, 2 in northern California and 1 in southern California, with the highways involved designated as "Safety Enhancement-Double Fine Zones."
Chapter 841, Statutes of 1995
SB 1162 (Leslie-R) - Drivers License Suspension
Re-enacts provisions of existing law, due to sunset November 30, 1995, that requires the suspension of the privilege of driving a motor vehicle upon the conviction of specified controlled substance violations. Sunsets the re-enactment on January 1, 1997.
(On Senate Inactive File)
SB 1236 (Watson-D) - Traffic Violator Schools
Extends until the year 2000 existing law authorizing a court to utilize a nonprofit agency for specified traffic violator school administration and monitoring services.
(In Senate Criminal Procedure Committee)
[PAGE 157]
SB 1263* (Dills-D) - Traffic Violator Schools
Extends indefinitely existing provisions authorizing a court to utilize a nonprofit agency to provide certain traffic violator school administration services.
Chapter 58, Statutes of 1995
A similar bill is SB 1236 (Watson-D) which is in the Senate Criminal Procedures Committee.
AB 32 (Katz-D) - Driving under the Influence (DUI)
Deletes existing law relative to DUI provisions based on federal regulations and makes conforming changes.
(In Senate Criminal Procedure Committee)
AB 129 (Rainey-R) - Driving Under the Influence (DUI): Contra Costa County
Repeals existing law allowing Contra Costa County to assess each defendant guilty of DUI $50.
Chapter 9, Statutes of 1995
AB 323 (Bustamante-D) - Storage Fees
Authorizes specified fees and service charges relative to the storage of a vehicle that has been towed pursuant to a violation.
Chapter 289, Statutes of 1995
AB 417 (Burton-D) - Driving Under the Influence Programs
Requires a court, as a condition of probation, to refer only a 1st-time offender convicted of driving under the influence to participate in an 18-month or 30-month program, as specified.
(In Senate Criminal Procedure Committee)
[PAGE 158]
AB 749 (Kuykendall-R) - Vessels: Operating Under the Influence
Makes it an infraction for a person under the age of 21 years with 0.01% or more, by weight, of alcohol in his/her blood to operate any motorized vessel.
(In Assembly Public Safety Committee)
AB 1061 (Caldera-D) - Traffic Offenses: Fines
Reduces the existing 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. Provides that the total amount of any penalty assessments imposed and collected under these provisions shall not exceed $100. Reduces the existing 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 regardless of the amount of the base fine .
Deletes existing distribution provisions relative to fines and, instead, 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, a continuously appropriated fund. Specifies that the uniform traffic penalty schedule is binding upon the courts.
(In Assembly Public Safety Committee)
AB 1075 (Martinez-D) - Fines: Collection
Requires that $50 of each fine collected for specified convictions relative to Vehicle Code violations be deposited as specified. Requires the public entity ordering drug or alcohol testing to bear the costs of the tests if the account becomes exhausted. Double-joined with AB 129 (Rainey-R).
Chapter 318, Statutes of 1995
[PAGE 159]
AB 1228 (Martinez-D) - Parking Violations
Revises existing law governing the enforcement of penalties for violations regarding the unlawful standing or parking of vehicles. Authorizes the removal of a vehicle if the owner has not responded within 21 days of a notice of citation issuance or 14 days of a notice of delinquent parking violations.
Chapter 734, Statutes of 1995
AB 1826 (Boland-R) - Driving under the Influence: Felony
Increases the punishment for gross vehicular manslaughter while intoxicated.
(In Assembly Public Safety Committee)
AB 1941 (Bordonaro-R) - Vehicle Registration
Directs the Department of Motor Vehicles not to release the personal data on specified employees of the Youth and Adult Correction Agency and the Narcotic Addict Evaluation Authority.
(In Senate Criminal Procedure Committee)
[PAGE 160]
Controlled Substances
SB 46 (Ayala-D) - Testing
Requires, among other things, that taxicab drivers and their employers comply with specified federal regulations relative to testing for controlled substances and alcohol.
Chapter 405, Statutes of 1995
SB 233* (Hughes-D) - Asset Forfeiture Bonds
Deletes sunset date relative to monies deposited in the General Fund derived from forfeiture and seizure of funds involved in controlled substances offenses.
Chapter 100, Statutes of 1995
SB 419 (Hurtt-R) - Controlled Substances
Provides that possession of hydriodic acid with the intent to manufacture methamphetamine is a felony punishable by 2, 4 or 6 years in state prison.
Chapter 571, Statutes of 1995
SB 491 (Solis-D) - Controlled Substances Schedule
Excludes specified anabolic steroid products from Schedule 111 for punishment purposes.
Chapter 59, Statutes of 1995
SB 628 (Hughes-D) - Controlled Substance: Offenses
Provides that any person convicted of specified controlled substance offenses, where the offense takes place upon or within 1,000 feet of a postsecondary school, as specified, will receive an additional sentence for 3, 4 or 5 years in the state prison.
(Held under submission in Senate Appropriations Committee)
[PAGE 161]
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 relative to the suspension of a driver's license for individuals convicted of specified controlled substance violations.
(Failed passage in Senate Transportation Committee; reconsideration granted)
SB 1242 (Polanco-D) - Anti-Drug Programs
Allocates $2,500,000 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.
(In Assembly Public Safety Committee)
AB 79 (Baca-D) - Controlled Substances: 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.
(In Assembly Public Safety Committee)
AB 127 (Rainey-R) - Public Funds: Drug Law Offenders
Provides that any person convicted of various controlled substances related offenses be prohibited from receiving any public funds for 5 years, unless the individual enters and completes a substance abuse program.
(In Assembly Public Safety Committee)
AB 264 (Battin-R) - Offender Registration
Requires any person convicted of possessing specified controlled substances while armed with a loaded firearm to register with local law enforcement agencies.
Chapter 714, Statutes of 1995
[PAGE 162]
AB 289 (Cannella-D) - Drug Free Schools
Enacts the Drug Free School Zone Act of 1995.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 322 (Alpert-D) - Controlled Substance: Schedules
Transfers methylphenidate from Schedule II to Schedule III.
(In Assembly Public Safety Committee)
AB 592 (Boland-R) - Controlled Substances: Marijuana
Adds marijuana to the list of controlled substances that are unlawful to possess.
(Failed passage in Assembly Public Safety Committee)
AB 670 (Alby-R) - Controlled Substances: Drug-Free School Zones
Repeals the Juvenile Drug Trafficking and Schoolyard Act of 1988 and enacts the Drug-Free School Zone Act of 1995, which provides that any person 18 years of age or over who is convicted of using or being under the influence of, or of engaging in specified offenses, including the offenses specified above, involving any controlled substance or its analog, or any imitation controlled substance, shall, where the violation takes place within a school zone, as defined, receive twice the applicable punishment for the underlying offense, plus an enhancement of 10 years where the person has one previous felony conviction for a controlled substance offense and an enhancement of 15 years where the person has 2 or more previous felony convictions for a controlled substance offense.
Provides that where the violation involves heroin, lysergic acid diethylamide (LSD), cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), or specified analogs thereof, the person shall receive an additional enhancement of 5, 10, or 15 years. Also provides that if the violation involves a minor who is at least 4 years younger than the defendant, the defendant shall receive an additional enhancement of 1, 2, or 3 years.
(In Assembly Public Safety Committee)
AB 750 (Kuykendall-R) - Punishment
Provides for punishment in specified cases involving controlled substance offenses.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 163]
AB 751 (Kuykendall-R) - 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; reconsideration granted)
AB 1113* (Rogan-R) - Schedules
Transfers levoalphacetylmethadol from Schedule I to Schedule II.
Chapter 455, Statutes of 1995
AB 1255 (Woods-R) - Penalties
Increases the penalty for possession of and manufacture of specified controlled substances.
(In Assembly Public Safety Committee)
AB 1529 (Vasconcellos-D) - Marijuana: Medicinal Use
Provides that the prohibition against possession of marijuana or concentrated cannabis and the planting, cultivating, harvesting, drying, or processing of marijuana does not apply to any person who does so for his/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.
Vetoed by the Governor
AB 1886 (Boland-R) - Prison Terms
Provides for a specified prison term for being convicted of crimes involving controlled substances and minors.
(In Assembly Public Safety Committee)
[PAGE 164]
Weapons
SB 23 (Peace-D) - Restricted WeaponsExpands an existing misdemeanor violation relative to the possession of a deadly weapon with the intent to commit an assault, the unauthorized transportation of a machine gun, the possession of a silencer and the purchase of specified weapons by persons with mental disorders or who have been adjudicated to be a mentally disordered sex offender.
Chapter 178, Statutes of 1995
SB 43 (Johnston-D) - Firearms
Expands existing law governing the issuance of concealed weapon permits to include the requirement that the individual applying for the permit be a resident of the city or county that the application is made.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
SB 65 (Johannessen-R) - Firearms: Exemption
Exempts from existing law specified waiting periods and penalties relative to the sale of a firearm to a person protected by a domestic violence protective order.
(In Senate Criminal Procedure Committee)
SB 71 (Johannessen-R) - Firearms: Permits
Provides that an issuing agency or person is not liable for an injury as a result of issuing or denying a permit to carry a concealed weapon.
(Failed passage in Senate Criminal Procedure Committee)
SB 74 (Leonard-R) - Firearms: Permit
Amends existing law relative to allowing a peace officer to detain an individual for a specified period of time to determine if that individual had in fact been issued a permit to carry a concealed weapon.
(Failed passage in Senate Criminal Procedure Committee)
[PAGE 165]
SB 318 (Solis-D) - Firearms and Theft
Provides for sentencing in the state prison for the grand theft of a firearm.
(In Senate Criminal Procedure Committee)
SB 344 (Campbell-R) - Firearms: Death Penalty
Provides that any person convicted of committing or attempting to commit a felony who intentionally discharges a firearm is subject to the death penalty.
(Failed passage in Senate Criminal Procedure Committee)
SB 357 (Polanco-D) - Ammunition
Prohibits the sale of ammunition to specified individuals. Makes numerous clean-up changes to existing law relative to firearms. Doubled joined to SB 23 (Peace-D)and SB 671 (Lewis-R) in this section.
(On Assembly Inactive File)
SB 554 (Campbell-R) - Sobriety Check Points: Weapons
Appropriates an unspecified sum for the purpose of establishing a pilot project in an unspecified city to allow local law enforcement agencies to stop and frisk occupants of motor vehicles for weapons at randomly established sobriety checkpoints.
(In Senate Criminal Procedure Committee)
SB 557 (Campbell-R) - Firearms: Previous Convictions
Provides for punishment for anyone convicted of carrying a concealed weapon who has a previous convictions for related crimes.
Vetoed by the Governor
[PAGE 166]
SB 670 (Lewis-R) - Dealers' Record of Sale
Prohibits the Department of Justice from charging a fee in excess of $14 for information required by a firearms dealer.
Chapter 901, Statutes of 1995
SB 671 (Lewis-R) - Dealers' Record of Sale
Extends for 6 months existing law relative to delivery of any firearm within 15 days of the application for purchase. Doubled joined with SB 23 (Peace-D) in this section.
(On Assembly Inactive File)
SB 693 (Lockyer-D) - Weapons
Reorganizes and renumbers existing law relating to weapons by repealing The Dangerous Weapons Control Law and enacting the Comprehensive Firearm Act and the Dangerous Weapons Law.
(In Assembly Public Safety Committee)
SB 799 (Monteith-R) - Concealed Weapons
Requires the issuance of a permit to carry a concealed weapon within 15 days of receipt of the Department of Justice's report on the applicant, as specified.
(In Senate Criminal Procedure Committee)
SB 933 (Polanco-D) - Manufacture of Firearms: Wobbler
Provides that it is a wobbler to manufacture, import, keep for sale, give or lend any non-sporting handgun, as defined. Provides that it is a misdemeanor to possess a nonsporting handgun..
(Failed passage in Assembly Public Safety Committee)
[PAGE 167]
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.
(Failed passage in Senate Appropriations Committee; reconsideration granted)
SB 1118 (Watson-D) - Firearms: Physical Composition
Prohibits a person from manufacturing 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.
(In Senate Criminal Procedure Committee)
SCA 6 (Rogers-R) - Right to Bear Arms
Amends the California Constitution to declare the right for Californians to keep and bear arms.
(In Senate Criminal Procedure Committee)
SCR 36 (Polanco-D) - Former United States President George Bush: National Rifle Association
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.
(Held 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 would set 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.
(On Assembly Inactive File)
[PAGE 168]
AB 70 (W. Murray-D) - Curios and Relics
Includes among the exceptions relative to selling firearms in association with a specified license those firearms that are concealable upon a person, yet are considered curios and/or relics.
Vetoed by the Governor
AB 92 (Hauser-D) - Firearms: Concealable Weapons
Amends existing law relative to carrying a concealable weapon to not apply to any citizen carrying a weapon on or in specified properties.
Chapter 322, Statutes of 1995
AB 99 (Burton-D) - Armor-Piercing Bullets
Prohibits the advertisement for sale of the ammunition recently placed on the market commonly called "cop killers", i.e., armor-piercing bullets.
Chapter 263, Statutes of 1995
AB 114 (Katz-D) - Destructive Devices
Adds any military metal practice handgrenade or metal replica handgrenades to those weapons now prohibited in California. Prohibits any destructive device, as defined in the bill, as well as handgun ammunition designed to penetrate armor, boobytraps and/or silencers from being sold. Double joined with AB 1222 (Martinez-D) in this section.
(Held under submission in Senate Appropriations Committee)
AB 132 (Battin-R) - Assault Weapons
Modifies the list of weapons designated as assault weapons. Revises the definition of an SKS firearm that is currently defined as an assault weapon.
(In Senate Criminal Procedure Committee)
[PAGE 169]
AB 139 (Bowler-R) - Theft of a Firearm
Authorizes the imposition of a 4, 7 or 10-year enhancement for theft involving a firearm.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 144 (W. Murray-D) - Defines Ammunition
Redefines "handgun ammunition" and would define "handgun ammunition designed primarily to penetrate metal or armor", as specified.
Chapter 751, Statutes of 1995
AB 171 (Machado-D) - Penalty Enhancement
Provides for sentence enhancements of 2, 3 or 4 years for any person convicted of burglary, robbery or theft where the property involved is a firearm.
(In Assembly Public Safety Committee)
AB 248 (Baldwin-R) - Penalty Enhancements
Provides for enhancements for crimes of burglary or robbery in which the defendant was armed with a firearm.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 279 (Allen-R) - Weapons: School Buses
Provides that the possession of a firearm on a school bus is a felony.
(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 Judiciary Committee; reconsideration granted)
[PAGE 170]
AB 624 (Allen-R) - Gun-Free School Zones
Provides that a violation of the gun-free school zone law is punishable by imprisonment in the state prison for 2, 3 or 5 years if the person possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or if the person possesses a firearm within 1,000 feet from the grounds of the public or private school and any of several specified circumstances apply.
Chapter 659, Statutes of 1995
AB 629 (Caldera-D) - Firearms:
Requires the Department of Justice to compile, publish, and maintain a roster listing those handguns, as defined, that are useful for legitimate sporting, self-protection, or law enforcement purposes, as specified. Requires the department to place a handgun on the roster upon the successful petition of any person, and authorizes the department to place a handgun on the roster on its own initiative. Makes it a misdemeanor, punishable as specified, to sell or offer for sale in California, or to manufacture or cause to manufacture for sale or distribution in California, any handgun that does not appear on the roster.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 630 (Villaraigosa-D) - Firearms: Access: Minors
Requires that any person who fails to keep all firearms locked and secured when left unattended in a dwelling is guilty of a misdemeanor. Provides that any person who fails to report the theft or loss of a firearm within 24 hours of his/her knowledge of this occurrence is guilty of an infraction.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
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.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
[PAGE 171]
AB 632 (Katz-D) - Firearms: Stolen
Provides that it is a felony to possess a stolen firearm in a vehicle, and the defendant is an active participant in a criminal street gang.
(Held under submission in Senate Criminal Procedure Committee)
AB 633 (Lee-D) - Weapons: Confiscation
Provides that a confiscating law enforcement agency has 30 days to initiate proceedings to determine if the return of the weapon is warranted.
Chapter 328, Statutes of 1995
AB 635 (Bowler-R) - Report: Firearms in Crime
Requires the Attorney General to report to the Legislature on the specific types of firearms used in the commission of specified crimes.
(In Senate Appropriations Committee)
AB 638 (Knight-R) - Concealed Weapons Licenses
Requires the issuance of a concealed weapon 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.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 798 (Lee-D) - Educational Brochure on Weapons
Requires the Attorney General to pursue private funding for the development, production and distribution of an educational brochure to be given to potential gun owners at the time they apply for gun ownership.
(In Assembly Public Safety Committee)
[PAGE 172]
AB 830 (Speier-D) - Tear Gas Weapons
Defines "tear gas" and "tear gas weapons". Recasts existing provisions regulating the purchase, possession, transportation and use of tear gas.
Chapter 437, Statutes of 1995
AB 892 (Rogan-R) - Firearms: Crimes
Requires the court to impose certain enhancements for crimes involving being armed with, or the personal use of, a firearm or discharging a firearm from a vehicle, as specified.
(In Assembly Public Safety Committee)
AB 1059 (Caldera-D) - Firearms: Definitions
Includes within the definition of a sniperscope such a device that, relying upon starlight technology that is capable of increasing existing light by greater than 300%, enables the operator to visually determine and locate the presence of objects at night.
(Failed passage in Assembly Public Safety Committee)
AB 1222 (Martinez-D) - Dirk or Dagger
Defines "dirk" and "dagger" as a knife that is capable of ready use that may be used as a stabbing weapon that may inflict great bodily harm or death.
Chapter 128, Statutes of 1995
AB 1305 (Bowler-R) - Game: Shotguns
Expressly makes the existing prohibitions against the use or possession of a shotgun larger than 10-gauge or the use or possession of a shotgun capable of holding more than 6 cartridges at a time for the purpose of killing game or animals applicable only to the use or possession of a shotgun to take any mammal or bird.
Chapter 321, Statutes of 1995
[PAGE 173]
AB 1404 (Machado-D) - Sale to Minors
Provides enhancements for selling a firearm to a minor.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 1538 (Hawkins-R) - Punishment
Specifies the prison term for using a firearm during the commission of a crime.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 1908 (Bowler-R) - Stun Guns
Revises the definition of a stun gun by eliminating reference to taser implements.
(Failed passage in Senate Criminal Procedure Committee; reconsideration granted)
[PAGE 174]
Victims' Rights
SB 221 (Hayden-D) - Crime Victim's Rights
Creates the right for a victim or a victim's family to be notified before a felony case is disposed of prior to trial.
Chapter 411, Statutes of 1995
SB 287 (Calderon-D) - Profits of Crime: Injunctions
Revises the definition of profits of crime and would additionally require the issuance of a preliminary injunction to prevent waste upon motion of the Attorney General or a potential beneficiary where a felony indictment or information has been filed against a person in superior court, and as specified.
Chapter 262, Statutes of 1995
SB 580 (Wright-R) - Restitution
Extends the time of discharge from custody of a person who has been released on parole until the parolee has made restitution to the victim.
(In Senate Appropriations Committee)
AB 149 (Hoge-R) - Criminal Proceedings
Creates a right in the victim of a criminal offense entitling the victim up to 2 members of the victim's immediate family to be present and seated at all criminal proceedings, as specified.
Chapter 332, Statutes of 1995
AB 158 (Baca-D) - Victims and Witnesses: Notice
Requires that victims of violent crimes be notified of any parole suitability hearing or the setting of a parole date.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 175]
AB 266 (Burton-D) - Restitution: Distribution
Specifies that distribution of fines and forfeitures include victim restitution.
Chapter 882, Statutes of 1995
AB 270 (Kuykendall-R) - Witness Protection
Appropriates $225,000 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 Appropriations Committee; reconsideration granted)
AB 774 (Aguiar-R) - Restitution: Inmate Wages
Provides that whenever a victim has died, cannot be located or has not requested a restitution payment, the Director of the Youth Authority may deduct a reasonable amount, not to exceed 50%, from the wages of an inmate.
Chapter 336, Statutes of 1995
AB 817* (Hoge-R) - Restitution: Victims
Makes numerous changes to existing law relative to victims of crime restitution. A 1995 Budget Trailer Bill.
Chapter 313, Statutes of 1995
AB 889 (Rogan-R) - Victim Statement
Deletes existing law allowing the courts discretion over the right of specified victims to express their views and would also include the right of the victim's next of kin to testify if the victim is incapacitated.
Chapter 234, Statutes of 1995
[PAGE 176]
AB 990 (Hawkins-R) - Restitution: Prisoners' Wages
Requires the deduction for the full amount owing on certain restitution fines from prisoners' wages and trust accounts.
(In Assembly Public Safety Committee)
AB 1084 (Morrow-R) - Parole: Release Location
Authorizes the releasing parole authority to consider the psychological well-being of the victim in making decision as to the location of release of the parolee. Prohibits paroled inmate from being returned to the same county in which the victim or witness resides, and from being released to a location within 100, rather than 35 miles of the actual residence of the victim or witness.
(In Assembly Public Safety Committee)
AB 1151 (Alby-R) - Crimes: Statistics
Adds specified criminal statistics, personal and social characteristics of crime victims, the relationship of the offender to the victim, and other relevant information that the Department of Justice is required to collect.
(In Assembly Appropriations Committee)
AB 1608 (Katz-D) - Victims Response Center
Establishes a 2-year program to establish the Victims Response Center in the San Fernando Valley to provide immediate medical treatment to victims.
(Held under submission in Senate Appropriations Committee)
AB 1716 (Bowen-D) - Crimes: Cost of Services
Includes the cost of judicial expenses incurred by a city or county or the state and the cost of any other services that any governmental agency is required by law to provide to a victim within the restitution required to be paid by a person convicted of a crime.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
[PAGE 177]
Prisons and Prisoners
SB 34 (Peace-D) - Severe Mental Disorders
Expands existing law requiring prisoners with severe mental disorders that are not in remission shall, as a condition of parole, be treated by the State Department of Health to include the crimes of lewd and lascivious acts on a child under the age of 14 years and any felony punishable in the state prison for life, with or without the possibility of parole.
Chapter 761, Statutes of 1995
SB 96* (Greene-D) - Bonds: Correctional Facilities
Enacts the Violent and Career Criminal detention Bond Act of 1996 which is to be placed on the November 1966 General Election Ballot for voter approval of a $450 million general obligation bond issue to finance the acquisition, construction, renovation, remodeling and deferred maintenance of state youth and adult correctional facilities.
(On Assembly Inactive File)
SB 103 (Hurtt-R) - Joint Venture Program
Provides that a prisoner who participates in a joint venture program is ineligible for unemployment benefits upon release from prison based on participation in that program.
Chapter 440, Statutes of 1995
SB 118 (Polanco-D) - Cells
Requires the Department of Corrections to establish a guideline of 2 inmates per cell for not less than 90% of the cells in the state system, when forecasting overcrowding.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
SB 139 (Polanco-D) - Undocumented Felons
Implements procedures to be followed to identify undocumented aliens within the Department of Corrections, as well as the Department of the Youth Authority.
(Failed passage in Assembly Public Safety Committee)
[PAGE 178]
SB 165 (Polanco-D) - Work Incentive Programs
Requires the Office of Criminal Justice Planning to establish various 5-year pilot projects relative to work intensive programs.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
SB 215 (Leonard-R) - Prisoners: Discipline
Provides that in any case in which a prisoner's worktime credit was forfeited for a serious disciplinary infraction punishable as a credit loss of more than 90 days, restoration of credit will be at the discretion of the director.
Chapter 557, Statutes of 1995
SB 346 (Campbell-R) - Home Detention
Authorizes the Department of Corrections to use home detention as an alternative to confinement for a nonviolent offender sentenced to imprisonment in the state prison.
Vetoed by the Governor
SB 393 (Rogers-R) - Prisons
Authorizes the construction of a 2,544-bed combination medium and maximum security prison, along with a 100-bed support services facility in the City of Adelanto in San Bernardino County.
(In Senate Criminal Procedure Committee)
SB 470 (Leonard-R) - Prisoners: Work
Prohibits prisoners in a state prison from possessing or using tobacco products, having conjugal visits, using weights or lifting weights or access to training equipment, or viewing television programs that contain violence. Requires each inmate to work, unless there is a medical or security reason not to.
(Failed passage in Senate Criminal Procedure Committee)
[PAGE 179]
SB 485 (Solis-D) - Work Release Programs
Authorizes the board of supervisors of any county in which the average daily inmate population is 90% of the county's correctional system's mandated capacity to authorize the sheriff to operate a mandatory work release program.
Chapter 106, Statutes of 1995
SB 561 (Mountjoy-R) - Notice of Release
Requires the sheriff or chief of police to notify the elected representatives where a person convicted of a violent crime is scheduled to be released from prison.
Chapter 936, Statutes of 1995
SB 617 (Polanco-D) - Prison Industry Authority
Amends existing law relative to goods and services to allow an agency to waive specified services/goods if that agreement is not a "best value purchase".
(Held under submission in Assembly Appropriations Committee)
SB 760* (Lockyer-D) - Corrections
Creates the State and Local Corrections Partnership Act for the purpose of transferring to participating local governments the responsibility for specified populations of the state prison and the Department of the Youth Authority.
(In Conference)
SB 775 (Costa-D) - Prisoners: Education
Requires the Department of Corrections to implement a 2-year pilot program stressing education designed to increase inmate literacy through computer assisted education.
Chapter 317, Statutes of 1995
[PAGE 180]
SB 856 (Thompson-D) - Parole
Requires the parole authority to notify any person released on parole who has been classified within the highest control or risk classification that he/she must report to an assigned parole officer within 2 days of release from prison.
Chapter 967, Statutes of 1995
SB 898 (Leslie-R) - Prisoners: Trust Accounts
Amends existing law relating to prisoners' trust accounts.
(In Senate Criminal Procedure Committee)
SB 935 (Campbell-R) - Correctional Facilities
Authorizes the Department of Corrections to establish pilot programs under which the department would contract with private enterprise for comprehensive health service at select state prisons.
(Refused passage on Assembly Floor)
SB 989 (Polanco-D) - Commission on Medical Services
Makes findings and declarations regarding various issues surrounding the increasing medical and health care needs of inmates. Establishes the Commission on Medical Services and sets forth goals and procedures for the Commission.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
SB 1013 (Costa-D) - Prisons: Budget: Positions
Requires that, beginning with the Budget Act of 1996, prison wardens and facility superintendents shall insure that money budgeted for specific positions is not diverted to fund any other purpose.
(In Senate Criminal Procedure Committee)
[PAGE 181]
SB 1093 (Marks-D) - Prisoners: Medical Care
Repeals the sunset date on existing law authorizing a physician who provides medical care to prisoners to provide a prisoner patient with a drug or treatment available only through a treatment protocol in investigational new drug if the physician determines that access to that drug is in the best medical interest of the patient.
Chapter 70, Statutes of 1995
SB 1096* (Polanco-D) - Prisons: Emergency Beds
Appropriates $134,711,000 for the purpose of studies, plans, working drawings, construction, long lead and equipment connected with emergency bed projects at the Department of Corrections prison facilities.
(Held in Assembly Appropriations Committee without recommendation)
SB 1143 (Mountjoy-R) - Sexually Violent Predators
Provides that whenever the Director of Corrections determines that an individual who is under the jurisdiction of the department may be a sexually violent predator, he/she shall, at least 6 months prior to the scheduled release, refer the person for evaluation, as specified.
Chapter 762, Statutes of 1995
SB 1221 (Calderon-D) - Prisoners: Civil Rights
Deletes specified civil rights of prisoners in state prison and specifies that inmates are not entitled to workers' compensation benefits.
(In Conference)
SB 1279* (Costa-D) - Correctional Facilities
Authorizes the construction of 1,850 new institutional beds at facilities under the jurisdiction of the Department of Youth Authority.
(Held under submission in Senate Appropriations Committee)
[PAGE 182]
SB 1298 (Johannessen-R) - Northern California Women's Facility
Renames the Northern California Women's Facility the Northern California Correctional Facility, authorizes the facility to be used to house men or women, and repeals the housing capacity limitation. Appropriates an unspecified sum to the department for the purpose of making modifications to the facility so as to accommodate housing male medium security inmates.
(In Senate Criminal Procedure Committee)
SCA 7 (Campbell-R) - Prisons
Provides that the Legislature may authorize the construction and operation of a prison facility pursuant to contracts with private or public persons or entities.
(In Senate Constitutional Amendments Committee)
SCR 12 (Rogers-R) - County Correctional Facilities
Encourages each county in the state, as appropriate, to consider the use of tent programs for the incarceration of low-risk, minimum security inmates.
(In Senate Criminal Procedure Committee)
SCR 24 (Boatwright-D) - Joint Legislative Committee on Prison Construction and Operation
Creates the Joint legislative committee on prison construction and operation to assume primary responsibility for providing close legislative scrutiny over prison construction and operation.
(In Senate Rules Committee)
AB 1 (Aguiar-R) - Inmate Labor: Workers Compensation
Provides that a person participating in a work furlough program is not entitled to workers' compensation benefits on an account of an injury occurring during the course of that participation.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
[PAGE 183]
AB 58* (W. Murray-D) - Bond Act: Facilities
Enacts the New Prison Bond Act of 1995 to be submitted to the voters.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 69 (W. Murray-D) - Prison Education
Requires the Department of Corrections to appoint a Superintendent of Correctional Education who would be in charge of all educational programs of the state prison system.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 106 (Hauser-D) - Prison Industry Authority
Requires the Prison Authority to purchase its lumber from venders selling lumber from sources in this state, if it is comparable in price.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 133 (Hauser-D) - Prisoners
Requires the Department of Corrections to transport inmates released from Pelican Bay to the prison facility nearest the inmate's county of parole at least 30 days prior to final discharge.
Vetoed by the Governor
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.
(In Assembly Public Safety Committee)
AB 231 (Kuehl-D) - Communications: Battered Woman Syndrome
Defines "evidence of battered woman syndrome" for the purpose of commutation of sentence.
Chapter 905, Statutes of 1995
[PAGE 184]
AB 344 (Ducheny-D) - Prisoner Work Programs
Requires every prisoner in state prison who is able-bodied, to be actively engaged in full-time work or on-the-job training.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
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.
(In Assembly Public Safety Committee)
AB 454 (Hoge-R) - Parole: Violent Offenders
Requires, upon the request of the victim of a violent crime, the Board of Prison Terms to send that victim a notice 15 days prior to the release of the defendant.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 529 (Setencich-R) - Inmate Welfare Fund
Deletes television recordings and athletic uniforms from the list of charges for which the money in the Inmate Welfare Fund may not be expended.
Chapter 145, Statutes of 1995
AB 586 (Rainey-R) - Health: Corrections
Authorizes the establishment of a pilot project in which the Department of Corrections contracts with private sector health care facilities for the provision of specified medical services to inmates.
Chapter 740, Statutes of 1995
[PAGE 185]
AB 705* (Brulte-R) - Juvenile Facilities: Funding
Extends the time in which a county may begin construction or renovation work on juvenile facilities and still be eligible to receive funding, as specified.
(In Senate Criminal Procedure Committee)
AB 716 (Lee-D) - Corrections
Adds clarifying language to existing law specifying that the purpose of imprisonment is that punishment shall not be construed to preclude programs, including educational programs that are designed to rehabilitate nonviolent, first time felony offenders.
Chapter 49, Statutes of 1995
AB 764 (V. Brown-D) - Inmate Welfare Fund
Requires the Director of Corrections to invest any money in the Inmate Welfare Fund, and requires the interest earned to be paid into the Restitution Fund.
(In Senate Appropriations Committee)
AB 880 (Rogan-R) - Criminal Procedure: Dismissal
Prohibits a judge or magistrate from striking a prior serious or violent felony conviction for sentence enhancement purposes upon his/her own motion under the "3-Strikes" initiative provisions.
(In Assembly Public Safety Committee)
AB 888 (Rogan-R) - Sexually Violent Predators
Provides that whenever the Director of Corrections determines that an individual is a sexually violent predator, he/she must, at least 6 months prior to the individual's scheduled release, refer that person for evaluation, as specified.
Chapter 763, Statutes of 1995
[PAGE 186]
AB 893 (Rogan-R ) - Probation: Ineligibility
Provides that a person convicted of a felony while on probation for a felony at the time of the commission of the new offense is ineligible for probation.
(In Assembly Public Safety Committee)
AB 904* (Bowler-R) - Corrections: Minors
Directs the Board of Corrections to conduct an inspection of each jail, juvenile hall or special purpose juvenile hall annually, and authorizes the board to inspect any law enforcement facility used for the confinement of minors, as specified.
Chapter 304, Statutes of 1995
AB 988 (Hawkins-R) - Criminal Procedure
Deletes existing provisions governing immunity in misdemeanor proceedings and instead provides the same type of immunity for misdemeanor proceedings as is provided in felony proceedings relative to defendant's refusal to answer questions. Provides that these provisions do not prohibit the district attorney from requesting an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence.
(In Assembly Public Safety Committee)
AB 990 (Hawkins-R) - Prisoners: Restitution
Requires the deduction for the full amount owing on certain restitution fines from prisoners' wages and trust accounts.
(In Assembly Public Safety Committee)
AB 1017 (Rainey-R) - Punishment Options
Adds to the list of intermediate sanctions permitted in community-based punishment programs.
(In Assembly Public Safety Committee)
[PAGE 187]
AB 1084 (Morrow-R) - Parole: Release Location
Authorizes the releasing parole authority to consider the psychological well-being of the victim in making the decision as to the county of parole. Prohibits a paroled inmate from being returned to the same county in which the victim or witness resides, and from being released to a location within 100 miles of the actual residence of the victim or witness.
(In Assembly Public Safety Committee)
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/she is required to register as a sex offender.
(In Assembly Public Safety Committee)
AB 1177* (Cunneen-R) - Inmate Health Care
Makes various changes to existing law relative to inmate health services.
Chapter 749, Statutes of 1995
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, Arts-in-Corrections costs, or educational and vocational programs.
(In Assembly Public Safety Committee)
AB 1327 (McPherson-R) - Parole
Prohibits the early release of an inmate 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.
(In Assembly Public Safety Committee)
[PAGE 188]
AB 1397* (Poochigian-R) - Fines and Forfeiture
Amends existing law relative to the collection of delinquent fines, responsibility for inspecting and adopting standards governing constructions of juvenile correctional facilities and redefines "unfit" and "unsafe" conditions in institutions.
(On Assembly Unfinished Business File)
AB 1408 (Villaraigosa-D) - Recall of Sentence
Authorizes the court to release, on medically incapacitated parole, any person who is not sentenced to death, if the person poses no substantial risk to himself/herself or the community. (Also in Procedural section)
Vetoed by the Governor
AB 1603 (Poochigian-R) - Prisoners: Discipline
Deletes provisions in existing law providing 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; reconsideration granted)
AB 1804 (Goldsmith-R) - Electronic Monitoring
Authorizes the continuous electronic monitoring system to monitor the whereabouts of specified parolees in a pilot project in San Mateo and San Diego Counties.
Chapter 867, Statutes of 1995
AB 1884 (Allen-R) - Criminal Procedure: Extraordinary Costs
Requires a county, in making a request for reimbursement of extraordinary costs, to include a written statement from the assigned trial judge or the presiding judge that contains the opinion of the court as to whether these costs are reasonably necessary for the prosecution or defense of the case.
Chapter 388, Statutes of 1995
[PAGE 189]
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 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 Public Safety Committee; reconsideration granted)
[PAGE 190]
Law Enforcement
SB 132 (Watson-D) - Domestic Violence
Requires each law enforcement officer below the rank of supervisor who is assigned to patrol duties to complete, every 2 years, an updated course on domestic violence.
Chapter 965, Statutes of 1995
SB 170 (Leonard-R) - Peace Officers: Bicycle Patrol
Makes it a misdemeanor for anyone in a motorized vehicle to flee, evade or elude a pursuing peace officer on a bicycle.
Chapter 68, Statutes of 1995
SB 282 (Petris-D) - Procedural Bill of Rights
Amends the Public Safety Officers Procedural Bill Of Rights to prohibit any punitive action or denial of promotion on grounds other than merit. Prohibits unfounded complaints from members of the public from being maintained in the officer's file.
(In Assembly Appropriations Committee)
SB 554 (Campbell-R) - Sobriety Check Points: Weapons
Appropriates an unspecified sum for the purpose of establishing a pilot project in an unspecified city to allow local law enforcement agencies to stop and frisk occupants of motor vehicles for weapons at randomly established sobriety checkpoints. (Also in Weapons section)
(In Senate Criminal Procedure Committee)
SB 634 (Kopp-I) - Confidential Information
Makes various changes in provisions governing the circumstances under which county welfare department employees may provide information to law enforcement agencies.
Chapter 227, Statutes of 1995
[PAGE 191]
SB 822* (Dills-D) - School Crimes: Reporting
Requires that a specified form be developed relative to reporting school crimes and the dissemination of that information to specified individuals in education.
Chapter 410, Statutes of 1995
SB 858 (Mountjoy-R) - Public Safety Services
Requires any county, city and county, or city in the county, including any chartered city, before it may receive an allocation of revenues derived from specified taxes, to demonstrate to the Controller that it has allocated existing resources for each of the local public safety services at the level each of those services was funded in the 1991-92 or 1992-93 fiscal year, whichever year the local entity had the highest budget for all combined public safety services, as specified.
(In Senate Local Government 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 implementing procedures to facilitate the implementation and use of the Statewide Integrated Narcotics System.
(On Assembly Inactive File)
SB 932 (Polanco-D) - Apprenticeship Program
Appropriates $500,000 from the General Fund to establish the Law Enforcement Apprenticeship Program within the Office of Criminal Justice and Planning.
(In Senate Criminal Procedure Committee)
SB 1008 (Costa-D) - Peace Officers
Provides that a correctional officer employed by Fresno County is a peace officer but does not have the right to possess a firearm in the performance of duty.
(In Senate Criminal Procedure Committee)
[PAGE 192]
SB 1024 (Johnston-D) - Commercial Security
Authorizes local governments to contract on behalf of law enforcement to provide supplemental law enforcement services to private individuals, as specified.
(In Assembly Local Government Committee)
SB 1134 (Hayden-D) - Peace Officers: Training
Requires the Commission on Peace Officers Standards and Training to develop guidelines and a course of instruction on responding to, and enforcement of, state and federal laws governing the access and security of health care facilities and hospitals.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
SB 1154 (O'Connell-D) - Community Policing Programs
Continuously appropriates from the General Fund to the Controller the amount necessary to reimburse local entities for the nonfederal contribution to the costs of a community policing program.
(Failed passage in Senate Criminal Procedure Committee; reconsideration granted)
SB 1204 (Hughes-D) - Security Services
Authorizes the Executive Director of the California Museum of Science and Industry to appoint other safety officers who shall have the powers of peace officers.
Vetoed by the Governor
SB 1214 (Hughes-D) - Airport Law Enforcement Officers
Makes technical change to existing law relative to airport law enforcement officers.
Chapter 62, Statutes of 1995
[PAGE 193]
SB 1224 (Mountjoy-R) - Crimes: Interstate Jurisdiction
Authorizes an interstate compact with Nevada that provides for concurrent criminal jurisdiction of California and Nevada with respect to crimes established in common between the 2 states, committed in a county where Lake Tahoe or the Topaz Lake forms a common interstate boundary.
Chapter 526, Statutes of 1995
SB 1247 (Thompson-D) - Local Agencies: Police Protection Services Assessments
Permits the governing body of any city, county, or city and county to establish a police and sheriff protection services assessment district pursuant to prescribed procedures and subject to confirmation by an election of the people to levy assessments for police and sheriff protection services and other specified conditions.
(On Senate Unfinished Business File)
SB 1293 (Maddy-R) - Law Enforcement Assessments
Authorizes the establishment of an assessment district in Fresno County for law enforcement enhancement.
(In Assembly Local Government Committee)
AB 26 (W. Murray-D) - Qualifications
Provides that an applicant for a peace officer position who has been convicted of a felony in any other state that is a felony in that state but not a felony in California, the entity seeking to hire the individual would be required to forward the application to the Commission on Peace Officers Standards and Training.
(Failed passage in Assembly Appropriations Committee)
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)
[PAGE 194]
AB 113 (W. Murray-D) - Antiterrorism Task Force
Appropriates $200,000 to the Attorney General for allocation to local law enforcement to be utilized for Joint Antiterrorism Task Force activities.
(In Senate Appropriations Committee)
AB 175 (Bowler-R) - Peace Officers: Personal Effects
Requires any local agency to donate the personal effects, including pistols, revolvers or other firearms capable of being concealed upon the person that have been rendered inoperable and shooting medals, of any peace officer or deputy sheriff who is killed in the line of duty, to the family of the fallen officer.
Chapter 902, Statutes of 1995
AB 176 (Bowler-R) - Custodial Officers: Tear Gas
Authorizes any custodial officer to purchase, possess, transport or use any tear gas weapon, as specified.
Chapter 15, Statutes of 1995
AB 219 (Baca-D) - Arrests: Identification: Thumbprints
Authorizes the peace officer to obtain a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on a promise to appear from the person arrested for an infraction if that person does not provide satisfactory evidence of identity, or when the person is arrested for a misdemeanor and he or she has no satisfactory identification. Prohibits the thumbprint or fingerprint provided by the person arrested from being used to create a data base.
Chapter 93, Statutes of 1995
AB 270 (Kuykendall-R) - Witness Protection
Appropriates $225,000 to the Division of Law Enforcement in the Department of Justice for the purpose of providing witness protection assistance to local law enforcement agencies. Also in Victims Rights section.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 195]
AB 290 (Cannella-D) - Custodial Officers
Adds Stanislaus County to existing provisions of law that define a custodial officer as a public officer, not a peace officer, employed by a law enforcement agency.
Chapter 17, Statutes of 1995
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.
(In Senate Governmental Organization Committee)
AB 399 (Cannella-D) - Public Employees: Retirement Health Benefits
Requires local employers to continue to provide health benefits to the spouses and dependents of peace officers killed in the line of duty.
Vetoed by the Governor
AB 433 (Rainey-R) - Fines and Forfeitures
Expressly includes any specified enterprise special district, community service district, or community service area engaged in police protection services within the definition of city for these fine distribution purposes.
Chapter 285, Statutes of 1995
AB 461 (Rogan-R) - Assault and Battery
Authorizes a peace officer to arrest without a warrant a person who has committed assault or battery against specified individuals.
Chapter 52, Statutes of 1995
[PAGE 196]
AB 540 (Morrissey-R) - Peace Officers
Requires that the established procedure dealing with complaints against peace officers reach a final decision be made on a meritorious complaint within 6 months after the investigation of the complaint is concluded, and that the procedure does not apply to complaints made by state prisoners or by wards of the Department Youth Authority.
(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 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 his/her use of excessive force reasonably foreseeable by the public entity. 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.
(In Senate Judiciary Committee)
AB 574 (Villaraigosa-D) - Peace Officer Training
Includes safety police officers and park rangers of the county of Los Angeles to the list of those officers required to meet minimum standards and training, as specified.
(Assembly refused to concur in Senate Amendments; reconsideration granted)
AB 646 (Woods-R) - Peace Officers
Revamps existing law relative to employees of the Department of Forestry and Fire Protection and their ability to enforce laws relating to forests, fires and explosives.
Chapter 44, Statutes of 1995
AB 662 (Boland-R) - Career Criminal Apprehension Program
Extends the operation of the Career Criminal Apprehension Program an additional year.
Chapter 786, Statutes of 1995
[PAGE 197]
AB 664 (Brulte-R) - Reserve District Attorney Investigators
Authorizes the County of San Bernardino to establish a pilot project to include all persons deputized as reserve district attorney investigators among those reserve officers who are considered peace officers.
Chapter 192, Statutes of 1995
AB 688 (Frusetta-R) - Public Records
Expands the list of those individuals protected from public disclosure of personal information to include employees of a marshal's office, state law enforcement agency employees or investigators employed by a city attorney.
(In Senate Criminal Procedure Committee)
AB 752 (Kuykendall-R) - Parole: Pilot Project
Expands an existing pilot program in San Bernardino County to include Los Angeles County relative to providing specified information to local authorities regarding an inmate who is to be released into that county.
Chapter 934, Statutes of 1995
AB 787* (McDonald-D) - Reserve Park Rangers
Designates reserve park rangers as peace officers with the powers and duties , as specified.
Chapter 54, Statutes of 1995
AB 890 (Rogan-R) - Peace Officers: Jury Duty
Exempts reserve peace officers from restrictions offered to peace officers relative to voir dire in criminal and civil matters, as well as prohibitions against carrying a concealed weapon or loaded weapon.
(In Assembly Public Safety Committee)
[PAGE 198]
AB 1020 (Campbell-D) - Public Safety Training Facility Bond
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 $850,000,000.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 1325 (Boland-R) - Public Records
Authorizes the Department of Corrections to sell information from its public records.
(Failed passage in Senate Criminal Procedure Committee; reconsideration granted)
AB 1343 (Sweeney-D) - Parole: Violent Felonies
Requires, whenever a violent felon is to be released on parole, the notification of local law enforcement agencies.
Vetoed by the Governor
AB 1396 (Poochigian-R) - Confidential Information
Adds nonsworn employees of the Department of Justice to the list of those individuals whose address and phone number are confidential.
(In Senate Criminal Procedure Committee)
AB 1437 (Brulte-R) - Peace Officers: Moving Expenses
Requires a governmental entity employing a peace officer to reimburse the actual and necessary moving expenses of the officer under specified situations.
Chapter 666, Statutes of 1995