Domestic Violence
Gang Violence
Child Abuse
Controlled Substances
Drunk Driving\Vehicle Code
Other Crimes and Sentencing
Procedural
Juvenile Justice
Victims' Rights
Prisons and Prisoners
Law Enforcement
Family Law
Civil Law
Sex Offenders
Attorneys
Juries
Weapons
Courts and Judges
Domestic Violence
SB 165 (Solis-D) Unemployment compensation
Provides that an individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her children, or himself or herself, from domestic violence abuse. Provides that unemployment compensation benefits paid to that individual would not be chargeable to the account of the employer, except as specified.
Chapter 411, Statutes of 1998
SB 341 (Watson-D) Domestic violence training
Requires the State Department of Social Services to establish a domestic violence and sexual abuse training curriculum, in accordance with specified requirements, for state and county employees, contractors, and subcontractors who work with applicants for, and recipients of, public assistance programs. Provides for the establishment of an advisory committee to design the training curriculum. Provides that employees who are employed on or before January 1, 1999, are required to receive this training by the date specified by the advisory committee, and those employed after that date, are required to receive it within two months of becoming employed.
(Died in Senate Appropriations Committee)
SB 489 (Alpert-D) Domestic violence: confidential address
Creates an address confidentiality program for victims of domestic violence or those who fear domestic violence, operated by the Secretary of State. Includes a substitute address, mail forwarding service, and name and address confidentiality in marriage and voter records.
Chapter 1005, Statutes of 1998
SB 1001 (Hayden-D) Public social services
Requires that, at the time of application for Aid to Families with Dependent Children (AFDC) benefits or at the request of a recipient, each county shall screen applicants in order to identify those persons with a history of having been a victim of domestic violence, with any person so identified to be referred for counseling and supportive services. Provides for an exemption from Greater Avenues for Independence and various other AFDC requirements for a person identified as having a history of having been a victim of domestic violence, as long as specified conditions are met.
(Died in Senate Appropriations Committee)
SB 1470 (Thompson-D) Domestic violence: warrantless arrests
Expands the warrantless arrest provisions currently applicable in specified domestic violence situations to include former spouses, former cohabitants, persons involved in dating or engagement relationships, children or relatives, as specified.
Double-joined with AB 1767 (Havice-D).
Chapter 182, Statutes of 1998
SB 1682 (Solis-D) Domestic violence: evidence disclosure: firearm notification
Amends the time within which prosecutors are required to disclose evidence in domestic violence cases under Evidence Code Section 1109 to instead require statements or summaries to be disclosed in compliance with specified penal provisions relating to disclosure as part of the discovery process. Provides that certain firearm information shall be transmitted to the State Department of Justice with domestic violence protective order information, as specified. Revises the disbursement of funds collected from persons participating in batterer's programs.
Double-joined with AB 1531 (Shelley-D) and AB 2177 (Kuehl-D).
Chapter 707, Statutes of 1998
SB 1830 (Lockyer-D) Domestic violence: medical examinations
Establishes a uniform approach for providing immediate medical, law enforcement and support assistance to victims of domestic violence, as specified. Provides that a standardized form for the collection of forensic evidence in domestic violence cases be developed and required, as specified.
Vetoed by the Governor
SB 1939 (Alpert-D) Commencement of actions: domestic violence
Provides that in any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action would be within three years of the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant within three years from the date of the last violent act against the plaintiff by the defendant.
Chapter 123, Statutes of 1998
SCR 63 (Solis-D) Domestic Violence Awareness Month
Proclaims the month of October 1998 as Domestic Violence Awareness Month.
Resolution Chapter 119, Statutes of 1998
AB 243 (Honda-D) Domestic violence: statewide domestic violence program
Adds language translation services, as specified, to the list of enumerated services required through the comprehensive statewide domestic violence program.
(Died on Senate Inactive File)
AB 260 (Alby-R) Domestic violence
Prohibits a parent from being granted custody of a child if the parent is convicted of murdering the other parent, except in cases where the convicted parent's sentence is reduced based on a finding of battered spouse's syndrome or some other cause and, in those cases, creates a rebuttable presumption that an award of custody to the convicted parent would be detrimental to the best interests of the child. Specifies factors to be considered by the court in determining if the rebuttable presumption has been overcome. Existing law prescribes when expert testimony is admissible in criminal actions regarding a syndrome referred to as "battered women's syndrome." Changes the reference to "battered women's syndrome" to "battered spouse's syndrome."
(Died in Assembly Judiciary Committee)
AB 285 (Honda-D) Education: domestic violence and sexual assault recognition
Establishes various requirements for teacher training and distribution of information to school districts and county offices of education relative to domestic violence and sexual assault. Appropriates $60,000 from the General Fund to the Superintendent of Public Instruction for purposes of the bill.
Vetoed by the Governor
AB 493 (Brown-D) Victims of domestic abuse: legal name change
Exempts victims of domestic abuse from having their names published when they request a legal name change.
(Died in Senate Judiciary Committee)
AB 714 (Kuehl-D) Domestic violence: reporting
Removes a health practitioner's reporting mandate for police notification when it is against a domestic violence patient's self-assessment of his or her safety concerns and best interests, except for when a person suffers from an injury inflicted by a firearm or his or her own act.
(Died on Assembly Inactive File)
AB 812 (Scott-D) Domestic violence centers
Appropriates $6 million from the General Fund to the Controller for distribution, on a per capita basis, to counties in augment funding for established domestic violence centers.
(Died in Senate Appropriations Committee)
AB 1201 (Murray-D) Domestic violence: "Victims of Domestic Violence" cards
Adds specified domestic violence offenses to the existing "Victims of Domestic Violence" card provided to victims by local law enforcement. Requires additional information concerning local domestic violence resources to be included on these cards, and requires local law enforcement to provide to victims, in writing, the telephone number for information about the California victims' compensation program.
Double-joined with AB 2172 (Sweeney-D).
Chapter 698, Statutes of 1998
AB 1531 (Shelley-D) Domestic Violence Protective Order Registry
Requires that courts transmit to law enforcement within one business day all data with respect to criminal court protective orders, as specified.
Chapter 187, Statutes of 1998
AB 1767 (Havice-D) Domestic violence: warrantless arrests
Expands the warrantless arrest exception for misdemeanor domestic violence to include a former spouse, fiancee, and a person with whom the defendant currently has, or has previously had, an engagement relationship. Makes additional technical changes.
Double-joined with SB 1470 (Thompson-D).
Chapter 699, Statutes of 1998
AB 1794 (Runner-R) Domestic violence: no-fault divorce
Alters California's no-fault divorce laws by bringing the concept of "fault" back into the community property division and distribution process.
(Failed passage in Assembly Judiciary Committee)
AB 1837 (Alquist-D) Counseling for children
Provides that, for purposes of determining whether it is appropriate to order outpatient counseling for parties and children involved in a custody or visitation dispute, the court shall find, in addition to any other factors the court determines relevant that the dispute poses a substantial danger to the best interest of a child where there is a history of domestic violence between the parties to the dispute that has occurred in the past five years. Authorizes the court, under certain circumstances, to order counseling for any party, not just parents, seeking custody or visitation.
Chapter 229, Statutes of 1998
AB 1854 (Leach-R) Supplemental domestic violence reports
Requires law enforcement agencies to file a supplemental domestic violence report, including specified information, with the State Department of Justice (DOJ) for every arrest or incident report made for domestic violence. Requires the DOJ to enter the information obtained from each report into the California Law Enforcement Telecommunications System.
(Died in Assembly Appropriations Committee)
AB 1900 (Cardenas-D) Confidentiality of identifying information
Sets forth the required procedure for seeking an ex parte order prohibiting the disclosure of the address or other identifying information of a party or child in an interstate child support case if the court finds disclosure would put the party or child at unreasonable risk for specified harm.
Chapter 511, Statutes of 1998
AB 2172 (Sweeney-D) Law enforcement training, response
Enhances law enforcement training with respect to signs of domestic violence, and enhances law enforcement standards with respect to transporting victims to a hospital for treatment when necessary, and for assisting victims in safe passage out of their residences, as specified.
Double-joined with AB 1201 (Murray-D) and AB 2177 (Kuehl-D).
Chapter 701, Statutes of 1998
AB 2177 (Kuehl-D) Domestic violence: protective orders
Enacts provisions relating to domestic violence protective orders which are required to bring California into compliance with the federal Violence Against Women Act.
Double-joined with AB 1531 (Shelley-D) and SB 1682 (Solis-D).
Chapter 702, Statutes of 1998
AB 2271 (Baca-D) Domestic violence: examination and treatment
Provides for the establishment of multidisciplinary domestic violence response team (DART) victim projects under specified conditions. Provides that the implementation of these projects shall be in addition to the existing projects funded by the Office of Criminal Justice Planning (OCJP) with federal funding, as specified, and that the proposal process and disbursement of funds relating to the creation of these projects shall be through a competitive grant process administered by OCJP. Appropriates $500,000 from the General Fund to OCJP to fund the additional DART projects established pursuant to this act.
(Died in Assembly Appropriations Committee)
AB 2700 (Kuehl-D) Domestic violence courts: descriptive study
Requires the Judicial Council to conduct a study of the various domestic violence courts in California and in other states. Requires the results of the Judicial Council's study to be submitted to the Legislature by March 1, 2000.
Chapter 703, Statutes of 1998
ACR 179 (Perata-D) Domestic Violence Prevention Week
Designates the week of July 12 through July 19, 1998, as Domestic Violence Prevention Week.
Resolution Chapter 108, Statutes of 1998
Gang Violence
SB 41 (McPherson-R) Gangs: recruitment and registration
Authorizes courts to require persons convicted of certain gang-related crimes to register with the chief of police or sheriff of the city or county in which he/she resides within ten days of release from custody or within ten days of relocation, as specified.
(Failed passage in Senate Public Safety Committee)
SB 1211 (Brulte-R) Gangs: "three strikes": felonies
Adds, upon approval by the voters, to the definition of serious felony for purposes of plea bargaining, exploding a destructive device causing bodily injury as well as great bodily injury or mayhem; any burglary of the first degree as well as burglary of inhabited dwellings, trailer coaches, and other buildings; felony violations of the criminal street gang provisions added by the bill; assault with specified intent or weapons; discharge of a firearm at an inhabited dwelling, vehicle, or aircraft; gang rape or continuous sexual abuse of a child; shooting from a vehicle; intimidation of witnesses or victims; specified felonies in which the principal personally used a firearm; and any conspiracy to commit a serious felony rather than conspiracies to commit specified controlled substance violations.
(Failed passage in Senate Public Safety Committee)
SB 1455 (Rainey-R) Juveniles and gangs
Makes changes in the law concerning juvenile justice, the death penalty and gang crimes, including, most notably: (1) mandating that minors be tried in adult criminal court for certain offenses; (2) giving prosecutors the discretion to try certain offenses committed by minors in adult criminal court; (3) numerous additional changes to juvenile court and detention laws; (4) expansion of the criminal street gang statute; (5) creation of gang registration; (6) expansion of the death penalty; (7) expansion of vandalism statute; (8) expansion of serious and violent crimes list; and (9) expansion of wiretapping laws.
(Died in Senate Public Safety Committee)
SB 1700* (Hayden-D) Crime prevention
Makes it explicitly clear that juvenile detention facilities are eligible to receive prevention and intervention services under the California Gang, Crime, and Violence Prevention Partnership Program. Exempts providers of programs that operate in juvenile detention facilities from meeting certain program requirements. Appropriates $480,000 from the General Fund to the State Department of Youth Authority, as specified.
Chapter 842, Statutes of 1998
SB 1731 (Hayden-D) Peace Process Coordinator
Establishes, until January 1, 2000, the Commission on Prison Peace and limits expenditure for the commission to $125,000 annually. Establishes, until January 1, 2003, the Office of Peace Process Coordinator to facilitate gang peace treaties and limits expenditure for the position to $100,000 annually.
(Failed passage in Assembly Public Safety Committee)
SB 1749 (Watson-D) Criminal street gangs: dispersion orders
Provides a means for a court to impose a dispersion order against gang members and future gang members when a bystander is killed or injured as a result of criminal gang activity.
(Died in Senate Public Safety Committee)
SB 2034 (Lockyer-D) Criminal street gangs
Permits the Attorney General to bring a nuisance action to recover any money damages from street gang members on behalf of a community injured by the gang's unlawful activity whenever an injunction has been issued to abate gang activity constituting a nuisance. Deposits any recovered damages in a segregated fund for payment to the local governing body of the community affected by the nuisance, which fund shall be used solely for the injured community.
Chapter 631, Statutes of 1998
AB 26 (Runner-R) Criminal street gangs
Expands the crimes for which an electronic interception may be sought to include any violent felony committed in violation of the criminal street gang provisions, extortion and witness intimidation.
(Died in Senate Public Safety Committee)
AB 33 (Pacheco-R) Gang related crimes
Increases the penalties for gang-related crimes, adds to the list of "serious" and "violent" felonies, and reduces confidentiality rights of minors in the juvenile justice system.
(Died in Assembly Public Safety Comittee)
AB 741* (Washington-D) Taxes: credits: juveniles
Provides a 33.3% tax credit between 1997 and 2002 for wages paid, up to $5,000, during the first year of employment to a qualified at-risk youth who has spent at least the past three months at a county juvenile home or California Youth Authority facility. Allows a county board of supervisors to charge a fee of up to $300 for services provided by a probation officer relative to the employee. Permits the taxpayer to take a credit for the amount of the fee paid.
(Died in Senate Appropriations Committee)
AB 902 (Miller-R) Gang intelligence information
Specifically exempts gang intelligence information from the disclosure requirements of the California Public Records Act.
(Died in Assembly Governmental Organization Committee)
AB 1005 (Pacheco-R) Criminal street gangs
Doubles the sentences for extortion committed by a member of a criminal street gang, as defined, to four, six, or eight years in state prison.
Makes attempted extortion by a gang member punishable by two, three, or four years in state prison. (Current law makes this offense a wobbler, punishable by up to one year in county jail, or 16 months, two, or three years in state prison.)
Makes extortion by a gang member that includes a credible threat to commit murder punishable by ten years to life in prison.
(Died in Assembly Appropriations Committee)
AB 1369 (Oller-R) Gangs: denial of firearms
Requires a licensing authority to deny an applicant a license to carry a concealed weapon if the authority determines that the applicant is a member of a criminal street gang, and to revoke a license if the authority determines the licensee is a member of a criminal street gang.
(Failed passage in Assembly Public Safety Committee)
AB 1538 (Havice-D) Gangs: murder: special circumstances
Provides that murder committed by an active participant in a criminal street gang with the intent to further the activities of the criminal street gang is a special circumstance which if proven could result in the defendant being sentenced to the death penalty or life in prison without the possibility of parole.
(Died in Senate Public Safety Committee)
AB 1735 (Pacheco-R) Juveniles and gangs
Enacts the Gang Violence and Juvenile Crime Prevention Act of 1998, revises various aspects of the Street Terrorism Enforcement and Prevention Act and the Arnold-Kennick Juvenile Court Law, and sets forth the findings and declarations of the Legislature in this regard.
(Died in Assembly Public Safety Committee)
AB 2567 (Bustamante-D) Multiple Agency Gang Enforcement Consortium
Establishes the Multiple Agency Gang Enforcement Consortium, a grant program to be administered by the Office of Criminal Justice Planning, designed to reduce violent crimes. Appropriates $500,000 from the General Fund for the purposes of this bill.
(Died in Senate Appropriations Committee)
AB 2585 (Ortiz-D) Civil gang injunctions: contempt
Increases the criminal penalty for criminal street gang activities enjoined through the civil process from five days in jail and/or a fine of up to $1,000, to up to six months in jail and/or a fine of up to $5,000, when an individual is found to be in contempt of the civil injunction.
(Died in Assembly Appropriations Committee)
AB 2650 (Cardenas-D) Gangs: schools: San Fernando
Requests a study of the Communities in Schools of San Fernando Valley program's impact on gang violence and makes legislative findings regarding the program.
Appropriates $100,000 from the General Fund to California State University to carry out the study requested.
Chapter 484, Statutes of 1998
Child Abuse
SB 583 (Hughes-D) Reunification services
Requires that where a minor under six years of age is to be placed in a community care facility licensed as a group home for children or a temporary shelter care facility because the case plan indicates that placement is for the purpose of providing family reunification services, the placement facility must employ staff trained to provide family reunification services, including services designed to promote family economic self-sufficiency.
(Died in Senate Judiciary Committee)
SB 1254* (Calderon-D) Child Endangerment Protection Act of 1998
Enacts the Child Endangerment Protection Act of 1998. Requires voice identification and verification procedures for high-risk sex offenders.
Vetoed by the Governor
SB 1509 (Rainey-R) Failure to provide child support
Strengthens the law concerning criminal liability of parents who fail to provide for the care of their children. Increases the penalty for the failure to care for a child from a misdemeanor to a wobbler. Establishes a deferred entry of judgment scheme for the criminal offense of failing to care for a child. Revises and conforms certain jurisdictional rules applicable to crimes of failing to care for a child.
(Failed passage in Senate Public Safety Committee)
SB 1525 (Alpert-D) Human services: children: home visit program
Establishes the California Families and Children Home Visit Program, administered by the Office of Child Abuse Prevention, State Department of Social Services, to improve early childhood brain development of "at-risk" families using the home visit intervention providing for family support services from pregnancy through early childhood.
(Died in Assembly Appropriations Committee)
SB 1772 (Calderon-D) Children: sexual abuse
Provides that any child under the jurisdiction of the juvenile court that has been the victim of childhood sexual abuse must receive counseling to address sexual abuse issues. Provides that whenever the juvenile court discovers that a child under its jurisdiction has engaged in abusive sexual conduct, the court must segregate the child, order an evaluation to determine if the child poses a threat to the safety of others, and determine the appropriate therapy program.
(Died in Senate Public Safety Committee)
SB 2031* (Lockyer-D) Crimes against children and the elderly
Appropriates $5 million to the State Department of Justice to be used for grants to counties to be spent in support of prosecution of crimes against children, and $5 million to be used in support of prosecution of crimes against the elderly and dependent adults.
Vetoed by the Governor
AB 1361 (Thompson-R) Dependent children
Requires a social worker, before taking a minor into custody, to notify the minor's parent, guardian, or caretaker that the child may stay in the home only if the alleged perpetrator voluntarily agrees to sign a self-restraining order preventing him or her from any contact with the child unless supervised by an appropriate child protective agency or as otherwise specified in the order. Provides that the person who violates a self-restraining order shall be punished by imprisonment in a county jail for up to one year. Authorizes a child to be taken into custody despite a valid self-restraining order at any time the state can prove, by a preponderance of evidence, that the child is in a life-threatening situation. Provides that any child taken into custody pursuant to these provisions shall be placed with a nonlive-in guardian of the child, if available, who is willing to take the child and has no violent criminal record or outstanding charge for any act of child abuse, molestation, or neglect, unless the court finds clear and convincing evidence that this placement would be detrimental to the child.
(Died in Assembly Judiciary Committee)
AB 1632 (Ortiz-D) Child Safety and Family Violence Protection Act of 1998
Creates, until January 1, 2004, the Child Safety and Family Violence Protection Act of 1998, which establishes a pilot program in Kern, Sacramento, San Bernardino, and San Diego Counties, and other counties, to the extent funds are available, with the counties' consent, to provide for community- and neighborhood-based social service centers in specified areas. Specifies the services to be provided by the counties participating in the pilot program, and provides that the State Department of Social Services shall oversee the pilot program, evaluate and monitor its progress, and conduct an evaluation and make a report to the Legislature on at least an annual basis. Provides that funding for its implementation shall be contingent on the appropriation of funds for this purpose in the annual Budget Act.
(Died in Senate Appropriations Committee)
AB 1651 (Ortiz-D) Time of commencing action
Provides that the extended statute of limitations in childhood sexual abuse civil cases applies not only to the perpetrator of the crime, but also in an action for liability against any person or entity who owed a duty of care to the plaintiff, where negligence by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff. Provides that an action against any person or entity other than the sexual abuser would have to be commenced before the plaintiff's 26th birthday.
Chapter 1032, Statutes of 1998
AB 1843 (Baldwin-R) Crimes against minors
Makes it a felony to have any contact or communication with any person under the age of 18 years for the purpose of engaging, or with the intent to engage, in sexual abuse, child pornography, a crime of violence against a minor, or any unlawful interference with custody or control over a minor.
(Failed passage in Assembly Public Safety Committee)
AB 2009 (Hertzberg-D) Juvenile sex offenders and victims
Requires the court to order an evaluation, and, if recommended, treatment, of any person adjudged a ward of the court on the basis of a sexual offense or being a victim of sexual abuse. Makes an appropriation of $2.8 million from the General Fund to the State Department of the Youth Authority for providing treatment to juvenile sex offenders, and for providing technical assistance to counties.
(Died in Senate Appropriations Committee)
AB 2151 (Pacheco-R) Child Abuse and Neglect Reporting Act
Substantially expands the list of specified persons required to report suspected child abuse, deletes the training requirement for teachers aids or assistants and requires they become reporters, reorganizes existing code sections, provides for a centralized agency to receive reports of suspected child abuse, and makes it a felony in certain specified instances to fail to report suspected child abuse.
(Died in Assembly Public Safety Committee)
AB 2187 (Alby-R) Child abuse: substance abuse during pregnancy
Provides that it is child abuse, punishable as specified, for any person to willfully and knowingly ingest a controlled substance while in the 3rd trimester of pregnancy, if the person thereafter gives birth to a live child who tests positive for that controlled substance, unless ingested upon the order of a licensed health care provider.
(Died in Assembly Public Safety Committee)
AB 2316 (Knox-D) Child abuse: reports
Increases the ability of an attorney representing a child who is in protective custody to obtain information regarding any abuse inflicted on the child by requiring employees of a child protective agency to timely report to the child's attorney when the employee knows or suspects a child has been the victim of child abuse, and requiring the child protective agency to cooperate in discovery. Clarifies that the attorney in a dependency hearing is not expected to provide nonlegal services.
Chapter 900, Statutes of 1998
AB 2391 (Margett-R) Protection of children
Makes sexual child abuse punishable by death or life imprisonment, if the voters approve an initiative relating to the same. Provides that the Board of Prison Terms must electronically monitor parolees convicted of sexual child abuse. Provides that no person required to register as a convicted sex offender having two or more prior convictions for child molestation or for continuous sexual abuse of a child, may reside within a ten-mile radius of a school. Restricts public library Internet access to children under 12 years of age.
(Died in Assembly Public Safety Committee)
AB 2706 (Gallegos-D) Education: child sexual abuse and parenting
Requires that all state-funded classes and programs in state and local correctional and detention facilities, public school, community colleges, California State University, the University of California as specified, and any other local program, that relate to child sexual abuse or parenting, must include instruction on specified areas. Specifies that those areas include, but are not limited to, recognizing and identifying the symptoms of child sexual abuse, the nature, causes and consequences of child sexual abuse, and the prevention and deterrence of child sexual abuse and sexually deviant behavior.
(Died in Senate Education Committee)
ACR 103 (Battin-R) Child abuse and neglect
Promotes April, 1998 as Child Abuse Prevention Month.
Resolution Chapter 20, Statutes of 1998
Similar legislation was ACR 132 (Cardoza-D), which died in Assembly Rules Committee.
Controlled Substances
SB 24* (Johnson-R) Controlled substances: fenfluramine
Removes fenfluramine and its salts and isomers, including dexfenfluramine (Redux), from Schedule IV of the California's five controlled substances schedules if federal law removes fenfluramine and its salts and isomers from the federal controlled substance schedules. Requires fenfluramine to have a prescription for sale and use.
(Died in Assembly Appropriations Committee)
SB 54 (Vasconcellos-D) Marijuana
Defines the phrases "physician" and "not subject to criminal prosecution" found in the Compassionate Use Act of 1996. Prohibits the act from being construed to supersede or conflict with laws in force prior to November 6, 1996, relating to state or local smoking laws or with laws relating to engaging in conduct that endangers others. Prohibits a physician from recommending or approving the use of medical marijuana by an unemancipated minor, unless the physician explains the possible risks and benefits to at least one of the minor's parents or guardians and the parent or guardian makes an acknowledgment in writing.
(Died in Senate Public Safety Committee)
SB 290 (Calderon-D) Controlled substances: liability
Expands the Drug Dealer Liability Act to permit specified government agencies to bring a cause of action under the act.
(Died in Senate Judiciary Committee)
SB 535* (Vasconcellos-D) Marijuana
States legislative intent that the University of California create the California Marijuana Research Program at the university to ascertain the general medical efficacy and safety of administering marijuana for medical treatment. Establishes, if studies confirm the value of marijuana for medicinal purposes, medical guidelines for appropriate administration and use, including inhalational, tinctural, and oral treatments.
Requires the Research Advisory Panel to assume responsibility for selecting a program from proposals submitted by researchers if the Regents of the University do not implement the bill's provisions within 60 days of its effective date.
(Failed passage on Assembly Floor)
SB 1089* (Lockyer-D) Controlled substances: public park or oceanfront beach
Restores a one-year sentence enhancement, which sunsets January 1, 1998, for persons who sell, or possess for sale, heroin, PCP, methamphetamine, or cocaine at a public park or ocean front beach if the city or county adopts an ordinance designating the area a "drug-free zone". Provides the enhancement shall not be imposed if other enhancements are imposed relating to narcotic sales to minors. Provides that the above provisions sunset on January 1, 2003. Requires any city or county who utilizes the "drug-free zone" to report specified information to the Legislature.
Chapter 101, Statutes of 1998
SB 1246 (Burton-D) Asset seizure
Makes changes to the asset seizure and forfeiture provisions involving controlled substance offenses.
(Died in Senate Appropriations Committee)
SB 1395 (Solis-D) Methamphetamine: manufacturing near a dwelling
Imposes a three-year sentence enhancement for manufacturing, attempting to manufacture, or possessing various precursors with the intent to manufacture, methamphetamine or PCP, within 1,000 feet of a residence.
(Died in Senate Appropriations Committee)
SB 1539 (Solis-D) Controlled substances: iodine: phosphorous
Prohibits selling or buying more than eight ounces of iodine or four ounces of red phosphorous in any 30-day period.
Chapter 305, Statutes of 1998
SB 1639* (O'Connell-D) Off-highway motor vehicles: marijuana
Expands the laws prohibiting the possession of less than one ounce of marijuana while driving a motor vehicle upon a highway to include lands and vehicles covered under the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971.
Chapter 384, Statutes of 1998
SB 1691 (Rainey-R) Controlled substances: retail distributors
Limits the retail sale of ephedrine-containing products to four boxes of not more than 24 grams of ephedrine per transaction.
Vetoed by the Governor
SB 1746 (Haynes-R) Controlled substances: paraphernalia
Expands the law that prohibits possession of paraphernalia used for unlawfully injecting or smoking specified controlled substances to include possession of paraphernalia used for unlawfully ingesting those substances.
(Failed passage in Senate Public Safety Committee)
SB 1797 (Calderon-D) Controlled substances: liability
Provides that any public agency may bring a cause of action under the Drug Dealer Liability Act.
(Died in Senate Judiciary Committee)
SB 1887 (Vasconcellos-D) Marijuana: medical use: task force
States legislative intent that medicinal marijuana is and should remain a public health issue, between physicians and their patients, and that the Legislature respond fully to the wishes of the voters in approving Proposition 215 by allowing local governments to distribute medicinal marijuana.
Authorizes a city, county, or city and county, to establish medical marijuana distribution programs according to specified requirements.
(Died in Assembly Health Committee)
SB 1946 (Watson-D) Methadone maintenance therapy
Allows counties to establish a voucher program to provide substance abuse treatment (specifically methadone maintenance therapy) for general assistance recipients.
(Died in Assembly Appropriations Committee)
SB 2087 (Costa-D) Controlled substances
Increases the penalties for various controlled substances offenses and prohibits a grant of probation for specified controlled substance offenses.
(Failed passage in Senate Public Safety Committee)
SB 2113 (Rainey-R) Medical use of marijuana
Recasts the purpose of the Compassionate Use Act of 1996 (Proposition 215) to enable seriously ill California residents or their primary caregiver to obtain, cultivate or possess an amount of marijuana "necessary to meet their needs." Prohibits primary caregivers from obtaining/possessing marijuana on behalf of any person other than the eligible patient.
(Died in Senate Health and Human Services Committee)
AB 141 (Runner-R) Controlled substances
Increases the penalties for numerous controlled substance crimes, particularly those related to methamphetamine/amphetamine and its precursors, heroin and cocaine.
(Died in Assembly Appropriations Committee)
AB 209 (Baca-D) Controlled substances: Drug Court Treatment Program
Establishes, in the County of San Bernardino, a Drug Court Treatment Program as an alternative to existing deferred entry of judgment programs. Appropriates $40,000 from the General Fund to San Bernardino County for implementation of the alternative drug diversion program in Ontario and Rancho Cucamonga. Requires a report back to the Legislature on January 2, 2003 on the effectiveness of the program.
Vetoed by the Governor
AB 432 (Baldwin-R) Minors: marijuana
Increases the penalties for minors found to possess small amounts of marijuana at school.
(Failed passage in Assembly Public Safety Committee)
AB 610 (Margett-R) Marijuana: Compassionate Use Act of 1996
Defines, for purposes of the Compassionate Use Act of 1996, the phrases "recommend" and "patient's primary caregiver." Makes the protections of the act applicable only if the patient, or the patient's primary caregiver, is in possession of a specified written prescription at the time of arrest for possession or cultivation of marijuana.
Authorizes marijuana for medical purposes to be grown only through a grower licensed by the State Department of Food and Agriculture, following certain guidelines. Requires a grower to pay $20,000 as a licensing fee to the department to pay for the costs of monitoring growers, and a 10% tax on the sale of the product for education and enforcement by state law enforcement agencies and the department. Requires a grower to complete a training program.
Requires a supplier of marijuana to be licensed by the State Board of Pharmacy; requires a supplier to pay $20,000 as a licensing fee to the board to pay for the costs of administration and enforcement, and a 10% distribution tax on the sale of marijuana to establish an education public relations campaign.
(Died in Assembly Health Committee)
AB 646 (Hertzberg-D) Controlled substances: methamphetamine: penalties
Establishes the Mandatory Methamphetamine Restitution Fund for cleaning up sites of laboratories used for the unlawful manufacture of methamphetamine, provides for direct restitution for the cost of cleaning up a methamphetamine site in certain cases, and reconciles inconsistent statutes relating to methamphetamine.
(Died in Senate Public Safety Committee)
AB 1384 (Havice-D) Eviction of tenants committing drug offenses
Creates a three-year pilot project in five municipal court districts in Los Angeles County, authorizing a city attorney or city prosecutor to pursue the eviction of a tenant who engages in specified drug offenses on the rental premises when the property owner has been given notice of the unlawful activity on the premises but has failed to act. Provides that the eviction is pursuant to the existing unlawful detainer procedures, but in cases of good cause shown the court is allowed to issue a partial eviction order to evict the individual or individuals engaging in the drug-related activity and not the other law-abiding tenants.
Chapter 613, Statutes of 1998
AB 1706 (Keeley-D) Methamphetamine and PCP manufacture: hazardous substances
Provides an additional one-year enhancement for manufacture, attempt to manufacture, or conspiracy to manufacture, methamphetamine or PCP, or possessing specified precursor chemicals, when the crime involves the disposal of a hazardous substance.
(Died in Senate Appropriations Committee)
AB 1731 (Bowler-R) Ketamine: unauthorized possession
Criminalizes the possession of ketamine without a prescription by making it a misdemeanor.
Chapter 358, Statutes of 1998
AB 1819 (Takasugi-R) Controlled substances: reporting requirements
Repeals a requirement that physicians who prescribe, furnish, or administer any narcotic controlled substance in the treatment of an addict report specified information to the Attorney General within five days of treating the patient. Repeals a requirement that physicians make further reports on the 15th or 30th day of treatment, and thereafter as requested by the Attorney General.
Chapter 172, Statutes of 1998
AB 1997 (Kuykendall-R) Controlled substances
Makes it a felony to possess specific precursor chemicals with the intent to manufacture methcathinone, to make it a crime to manufacture, transport, or possess methcathinone, and adds oxidizing agents to the list of prohibited precursors used to manufacture methamphetamine and methcathinone.
(Died in Senate Appropriations Committee)
AB 2042 (Goldsmith-R) Public works: stop notices
Clarifies that a public agency may satisfy its duty to withhold funds pursuant to a stop notice, by refusing to release money held in escrow.
Chapter 111, Statutes of 1998
AB 2201 (Washington-D) Addition of dangerous drugs
Allows the Attorney General to temporarily add new drugs to the controlled substances list where doing so is necessary to avoid an imminent hazard to public safety.
(Died in Assembly Public Safety Committee)
AB 2358 (Olberg-R) Controlled substances: possession for sale
Increases sentence enhancements for manufacturing methamphetamine, amphetamine or PCP based on volume, and adds precursor chemicals to the volume enhancements.
(Died in Assembly Appropriations Committee)
AB 2369 (Wayne-D) Controlled substances: penalties
Increases the prison term enhancement for very large illegal PCP, amphetamine and methamphetamine manufacturing operations; makes persons who profit from an illegal drug lab manufacturing operation liable for its clean-up, provided the state or local agency seeks recovery of the cost. Deletes obsolete provisions from the illegal drug lab laws and enacts more current requirements.
Chapter 425, Statutes of 1998
AB 2467 (Morrissey-R) Controlled substances: felony murder rule
Makes a number of offenses related to the administering, transporting, importing, or furnishing of any controlled substance subject to the "second-degree felony murder" rule.
(Failed passage in Assembly Public Safety Committee)
AB 2499 (Ackerman-R) Controlled substances: abatement
Provides that in the event a city, county, or city and county enacts an ordinance or other local law which orders an owner of residential real property, or his/her agent, to abate such a controlled substance nuisance, the owner shall not be subject to civil liability for any action required or authorized by that order, including, but not limited to, the commencement of an action for unlawful detainer.
(Died in Assembly Judiciary Committee)
AB 2569* (Kuehl-D) Controlled substances: public libraries, parks, and beaches
Reinstates, until January 1, 2003, a one-year sentence enhancement for persons who sell or possess for sale, heroin, cocaine, methamphetamine or PCP, on the grounds of a public park, public library or ocean-front beach, and expands the enhancement to apply to offenses occurring on the grounds of a public library. Also requires that in order for the enhancement to apply, a city council, county board of supervisors, or special district board must adopt an ordinance designating a public library, public park, or ocean-front beach as a "drug-free zone".
Chapter 723, Statutes of 1998
AB 2672 (Pacheco-R) Cocaine
Reclassifies methamphetamine and powder cocaine as Schedule I controlled substances in order to increase penalties for possession, transporting, furnishing and manufacturing, to be consistent with the penalties for cocaine base (crack) and heroin.
(Died in Assembly Appropriations Committee)
AB 2693 (Migden-D) Controlled substances: prescriptions
Exempts prescriptions for Schedule II controlled substances for patients with a terminal illness from triplicate prescription form requirements in existing law. Requires that the physician prescribing the controlled drugs be the same physician who determines the patient's terminal status. Specifies that the terminal conditions qualifying patients for the bill's provisions be caused by a disease that is not only terminal, but also incurable and irreversible.
Chapter 789, Statutes of 1998
AB 2711 (Pacheco-R) Methamphetamines: manufacture
Codifies People v. James and provides the manufacture of methamphetamine is an inherently dangerous felony and that any death occurring in the commission of the felony may be prosecuted as second degree murder.
(Died in Senate Public Safety Committee)
Drunk Driving\Vehicle Code
SB 108 (Haynes-R) Vehicles: license plates: driving under the influence
Requires the issuance and display of special series red "driving under the influence" (DUI) license plates on every vehicle owned, operated or acquired by a person convicted of a second or subsequent violation of driving under the influence of drugs or alcohol, with a specified exception. Requires the person's driver-related records to be labeled "multiple DUI offender", requires a law enforcement officer to confiscate the license plates of a vehicle operated by such a person under specified circumstances, and makes operation of a vehicle without required DUI plates a misdemeanor.
Makes it a crime for an alcohol-addicted person to drive a vehicle, repeals an exemption allowing a drug-addicted person to drive during participation in a narcotic treatment program, and establishes related crimes. Imposes various license issuance and reissuance fees and imposes other conditions related to multiple DUI offenses.
(Failed passage in Senate Transportation Committee)
Similar legislation was SB 1680 (Haynes-R), which failed passage in Senate Transportation Committee.
SB 126 (Brulte-R) Vehicles: reckless driving: punishment
Makes the offense of reckless driving where a driver causes bodily injury to anyone other than the driver punishable either as a misdemeanor, with imprisonment in the county jail for a term not to exceed one year, or as a felony, with imprisonment in the state prison. Makes the punishment with a prior conviction for the same offense imprisonment in the state prison for two, three or four years, and without regard to whether the person was previously convicted of any other offenses.
(Died in Senate Criminal Procedure Committee)
SB 1115 (Lockyer-D) Vehicles: ignition interlock devices
Changes the ignition interlock device programs for driving under the influence offenders, and gives the State Department of Motor Vehicles responsibility for the administration of the programs.
(Died in Assembly Public Health Committee)
Similar legislation was AB 762 (Torlakson-D), which became Chapter 756, Statutes of 1998.
SB 1136 (Kopp-I) Vehicles: automated enforcement systems
Repeals the January 1, 1999 sunset date, extends indefinitely provisions allowing the use of automated enforcement systems at official traffic control signals, and provides for specific notification and enforcement procedures.
Chapter 54, Statutes of 1998
SB 1176 (Johnson-R) Driving under the influence
Requires a person who pleads to a "wet reckless" to complete a drinking driver program.
Allows for excluding the education portion from the court order in specified circumstances.
Double-joined with SB 1186 (Senate Public Safety Committee).
Chapter 487, Statutes of 1998
SB 1183 (Polanco-D) Motor carriers: drug and alcohol testing
Requires the immediate 30-day suspension of the commercial driver's license of a driver who tests positive for alcohol or drugs, and specifies conditions for reinstatement of the license.
(Died in Senate Transportation Committee)
SB 1186 (Senate Public Safety Committee) Vehicles: driving under the influence
Reorganizes various specified sections pertaining to driving under the influence to make those sections more readily accessible to user.
Chapter 118, Statutes of 1998
SB 1639* (O'Connell-D) Off-highway motor vehicles: alcohol
Expands the laws prohibiting individuals from having open containers of alcohol in their possession while driving in a motor vehicle to include motor vehicles on specified public lands.
Chapter 384, Statutes of 1998
SB 1680 (Haynes-R) License plates: driving under the influence
Requires the issuance and display of special series, red driving under the influence (DUI) license plates on every vehicle owned, operated or acquired by a person convicted of a second or subsequent violation of driving under the influence of drugs or alcohol, with a specified exception. Requires a court to order the surrender of the regular license plates on all vehicles registered to a person convicted of a second DUI offense and makes operation of a vehicle without required DUI plates a misdemeanor.
Makes it a crime for any person to cause or permit the operation of a vehicle by a person required to display DUI license plates without displaying such plates and imposes unspecified DUI license plate issuance fees and other conditions related to multiple DUI offenses.
(Failed passage in Senate Transportation Committee)
Similar legislation was SB 108 (Haynes-R), which failed passage in Senate Transportation Committee.
SB 1813 (Kopp-I) Judicial Council: court rules for trials by declaration
Authorizes the Judicial Council to adopt, by declaration, court rules and forms governing trials of traffic offenses.
Chapter 265, Statutes of 1998
SB 1826 (Leslie-R) Driving under the influence: testing
Requires physicians to disclose information regarding blood-alcohol level that they obtain while treating a patient as a result of a motor vehicle accident and provides for immunity for disclosing that information.
(Failed passage in Senate Public Safety Committee)
SB 1870 (Wright-R) Hit-and-run accidents: vehicle impoundment
Provides for the forfeiture of a vehicle driven by an uninsured driver with an invalid license who is convicted of a hit-and-run.
(Died in Senate Public Safety Committee)
SB 1880 (Senate Public Safety Committee) Various criminal law provisions
Makes a substantive Vehicle Code change to codify legislative intent that the lifetime ban on a driver's license for a person convicted of assault with a deadly weapon, when the weapon is a vehicle, does not apply to misdemeanor assault.
Chapter 606, Statutes of 1998
SB 1890 (Hurtt-R) Vehicles: vessels: aircraft
Deletes the requirement in existing law that a person who is lawfully arrested for driving a vehicle, or operating a water-related vessel or device or aircraft while under the influence of an alcoholic beverage be offered the choice to submit to a urine test. Continues to require the urine test option to be available in these instances under specified circumstances or if the person is arrested for driving or operating a vehicle, water-related vessel or device, or aircraft while under the influence of a combination of drugs and alcohol or drugs only.
Chapter 740, Statutes of 1998
SB 1964 (Costa-D) Vehicles: jamming devices
Prohibits the use, sale, possession, manufacture, purchase, or distribution of a radar, laser or any jamming device which interferes with a law enforcement agency using electronic speed-measuring equipment.
Allows persons with a valid federal operating license for radar jammers, to transport any number of those devices if the license is carried in the vehicle transporting the devices at all times when the devices are being transported.
Chapter 493, Statutes of 1998
SB 2067 (Rosenthal-D) Vehicle removal
Requires the State Department of Motor Vehicles, when providing the registered owner with any final notice of delinquent registration, to include a warning that failure to properly register a vehicle could result in the removal and impoundment of the unregistered vehicle.
Vetoed by the Governor
SB 2212 (O'Connell-D) Anti-drug education
Requires the court to impose a penalty assessment upon any person convicted of any specified controlled substances offense, driving under the influence of any alcoholic beverage or drug, or driving while in possession of an open container of alcohol or marijuana, to be deposited in a special account in the county treasury which shall be used by the nonprofit organization D.A.R.E. California (Drug Abuse Resistance Education) exclusively for anti-drug education programs for primary and secondary school students in the State of California.
(Died in Senate Judiciary Committee)
AB 527 (Havice-D) Vehicles: immobilization: private property
Seeks to allow private property owners to utilize vehicle immobilization devices (boots) for parking enforcement purposes.
(Died in Assembly Transportation Committee)
AB 709 (Ackerman-R) Driving under the influence programs: Orange County
Requires Orange County to establish a pilot program to demonstrate the merits of allowing a county to develop a nonlicensed driving under the influence (DUI) program to demonstrate whether allowing a county the flexibility in the delivery of DUI programs increases the effectiveness of the program and thus improves the results.
Requires the Orange County Department of Alcohol and Drug Programs, as an alternative, to establish a DUI program that would be exempt from licensing and regulation by the State Department of Alcohol and Drug Programs; permits courts in Orange County, as an alternative or in addition, to refer persons to nonlicensed programs, medical treatment, or residential placement, or any combination.
(Died in Assembly Health Committee)
AB 762 (Torlakson-D) Ignition interlock devices
Revises California's driving under the influence laws by increasing drivers license suspension period for driving under the influence, while allowing the issuance of a restricted drivers license to a second offender before the end of the suspension period without an interlock device, provided the person is participating in a treatment program.
Eliminates the need to petition the court to get a restricted license issued.
Reduces the State Department of Motor Vehicles (DMV) workload in issuing restricted licenses by streamlining procedures.
Includes attempts to remove the interlock device to the law requiring DMV to suspend the privilege to operate a motor vehicle.
Requires a study to be submitted by 2002 and sunsets the ignition interlock program in 2005.
Allows a second time offender who has completed 12 months of the suspension or probation period to apply to DMV for a restricted license if they install an ignition interlock device on their vehicle.
Chapter 756, Statutes of 1998
Similar legislation was SB 1115 (Lockyer-D), which died in Assembly Public Safety Committee.
AB 1168 (Kaloogian-R) Driving under the influence: profile
Requires the court, with regard to a person convicted of a second or subsequent violation of driving under the influence (DUI), to notify the State Department of Justice (DOJ) of that conviction and order the person to pay a $100 fee to cover the court's costs of doing so.
Requires the DOJ to make sure the person's "profile" (photo, name, birthdate, community of residence, number of DUI convictions and most recent court action imposed) is published in the legal notices section of the person's community newspaper; and requires DOJ to pay all costs associated with publication.
(Died in Assembly Appropriations Committee)
AB 1382 (Olberg-R) Vehicles: crimes: penalties
Provides greater penalties for those who flee from a peace officer and cause a death or serious bodily injury.
Chapter 256, Statutes of 1998
AB 1796 (Mazzoni-D) Fines and forfeitures: alcohol and drug testing
Provides that in Sonoma County, upon each conviction for driving under the influence and reckless driving, $50 must be transferred from a Sonoma County fund consisting of all fines imposed and collected for such violations to a special fund to pay for the costs of drug and alcohol testing.
Chapter 171, Statutes of 1998
AB 1802 (Woods-R) Criminal fines
Increases, from $50 to $75, the amount per each driving under the influence (DUI) fine that must be placed in a county's special fund for the cost of breath, blood and urine analysis in DUI cases.
Authorizes a county, by resolution of the board of supervisors, to increase the additional penalty the court may impose for the cost of DUI-related breath, blood and urine analysis, from a maximum of $50 to a maximum of $75, subject to a defendant's ability to pay.
(Died in Assembly Appropriations Committee)
AB 1833 (Richter-R) Ignition interlock device: task force
Creates a demonstration program in Butte County and any other county in which the board of supervisors elects to have the county participate in the program that would require courts to impose installation of the ignition interlock device for first-time, driving under the influence (DUI) offenders. Creates a task force to study existing DUI statutes, programs and the demonstration program.
(Died in Senate Transportation Committee)
AB 1850 (Kuehl-D) Vehicles: fines and penalties: driver's licenses
Requires each county to establish an amnesty program for parking penalties and service fees that requires the processing agency to provide, upon application to the agency, a one-time waiver of all unpaid parking penalties and service fees owed by the applicant if the agency determines that (a) notice of the unpaid parking penalties and service fees has been provided to the State Department of Motor Vehicles, as specified, and (b) the applicant is a recipient under the California Work Opportunity and Responsibility to Kids program, as specified. Requires the processing agency to issue and file with the department a certificate showing that the unpaid parking penalties and service fees have been waived, if the processing agency grants an application filed under the amnesty program.
Requires each county to establish an amnesty program that requires a court to provide, upon petition to the court, a one-time waiver of all delinquent bail, fines, assessments, or fees owed by the petitioner and authorized or required by the Vehicle Code, as specified.
(Died in Assembly Transportation Committee)
AB 1916 (Torlakson-D) Driving offenses: alcohol and drug assessment program
Creates, until January 1, 2000, a drug assessment program for driving under the influence offenders.
Double-joined with AB 762 (Torlakson-D).
Chapter 656, Statutes of 1998
AB 1996 (Torlakson-D) Driving under the influence: penalties
Permanently revokes a person's driving privilege after three driving under the influence (DUI) convictions. Eliminates the wash-out period on prior convictions and extends DUI sanctions to persons driving with any trace of a controlled substance in their bodies.
(Died in Assembly Transportation Committee)
AB 2066 (Sweeney-D) Vehicles: peace officers: fleeing
Increases the minimum penalties for fleeing or attempting to elude a peace officer while driving in a willful or wanton disregard for public safety. Authorizes the California Highway Patrol to undertake a statewide publicity campaign on the offense of fleeing a pursuing peace officer only if grants or other funds become available.
Chapter 472, Statutes of 1998
AB 2073 (Cardenas-D) Peace officers: fleeing
Provides that any person while driving a motor vehicle who willfully evades a peace officer and proximately causes the death to any person, is subject to a felony punishable by imprisonment in the state prison for two, three or four years and a fine of $2,000 to $10,000.
(Died in Senate Public Safety Committee)
AB 2076 (Morrissey-R) Fines and forfeitures: financial responsibility
Repeals existing provisions relative to driving without proof of financial responsibility and, instead, authorizes any city or county to impose an assessment equal to 10% of the fine, penalty, or forfeiture imposed for violations of specified provisions of the Vehicle Code relating to financial responsibility. Requires that an assessment imposed pursuant to these provisions be deposited in the general fund of the city or county where the violation occurred to offset administrative costs of enforcement of and prosecution of violations of those financial responsibility laws.
(Died in Assembly Public Safety Committee)
AB 2222 (Hertzberg-D) Speed enforcement by radar
Changes the required conditions for radar enforcement of speed limits.
Chapter 1037, Statutes of 1998
AB 2225 (Thompson-R) Vehicles: impoundment and forfeiture
Requires peace officers to immediately impound the vehicle of an individual arrested for a driving under the influence (DUI) offense with a prior DUI conviction, and allows for the possibility of future vehicle forfeiture.
(Died in Assembly Transportation Committee)
AB 2411 (Shelley-D) Vehicles: automated enforcement systems
Deletes the sunset and extends indefinitely the definition of an "automated enforcement system", and holds the registered owner of a vehicle responsible, with exceptions, for red light traffic violations photographed by one of these systems.
(Died in Assembly Transportation Committee)
AB 2561 (Bowen-D) Vehicles: driver's license: alcohol: minors
Requires a person under 18 years of age whose driver's license has been revoked or suspended for a blood-alcohol violation to meet specified conditions for relicensure.
(Died in Senate Transportation Committee)
AB 2674 (Cardenas-D) Driving under the influence: penalties
Raises the minimum jail time for a second driving under the influence from 48 hours to 96 hours.
Chapter 661, Statutes of 1998
Other Crimes and Sentencing
SB 55 (Kopp-I) Bail
Authorizes a judge or magistrate to place a hold on the release of a defendant from custody on the basis that the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained only if a peace officer or a prosecutor files a declaration executed under penalty of perjury setting forth probable cause or the magistrate or judge has probable cause, and sets forth a procedure for making the determination.
Chapter 726, Statutes of 1998
SB 64 (Ayala-D) San Bernardino County: criminal penalties
Authorizes San Bernardino County to adopt, by resolution, the imposition of a mandatory criminal penalty of $10,000 on all persons convicted of a felony and $2,500 on all persons convicted of a misdemeanor, as specified, to support the law enforcement, prosecution, and judicial expenses necessitated by the criminal conduct.
(Died in Senate Public Safety Committee)
SB 121 (Alpert-D) Invasion of privacy
Creates a new misdemeanor offense for secreting a viewing device with the intent to invade the privacy of a person who otherwise has a reasonable expectation of privacy. Provides any person who secretes a periscope, telescope, binoculars, camera, or camcorder with the intent to invade the privacy of a person or persons who otherwise have a reasonable expectation of privacy is guilty of disorderly conduct, a misdemeanor, is punishable by confinement in county jail for up to six months, and a maximum $1,000 fine.
(Died in Assembly Public Safety Committee)
SB 297 (Burton-D) Crimes: income level
Makes it a felony to intentionally and maliciously have a yearly income below the federally established poverty level.
(Died in Senate Public Safety Committee)
SB 307 (Burton-D) Crimes: parenting
Makes it a felony to parent a child while having a yearly income below the federally established poverty level.
(In Senate Public Safety Committee)
SB 334 (Lewis-R) Insurance fraud: sentencing
Creates a five-year sentence enhancement for any person who knowingly causes or participates in a vehicular collision or other accident for the purpose of presenting a false claim and who has two prior felony convictions for the same offense. Creates a two-year enhancement for any person who causes serious bodily injury to another in the course of a vehicular accident staged for the purpose of presenting a false claim.
Chapter 189, Statutes of 1998
SB 351* (Peace-D) Crimes: statutory rape
Makes certain cross-references to the statutory rape statute gender neutral.
Chapter 55, Statutes of 1998
SB 420 (Johnson-R) Sentencing: firearms
Provides that a person who is charged as a principal in the commission of a serious or violent felony who personally possesses a firearm or who has a firearm under his/her custody and control and within his or her reach during the commission of the felony shall be punished by an additional term of ten years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. Provides that if the firearm is displayed, discharged, or used under those circumstances, the person will be punished by an additional term of 20 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. Provides that if anyone was injured as a result of the firearm being used or discharged under those circumstances, the person will be punished by an additional term of 30 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony.
Provides that if the perpetrator of the above acts is 14 to 17 years of age, inclusive, he or she is presumed to be not a fit and proper subject to be dealt with under the juvenile court law for those purposes, and will thereby subject perpetrators to the provisions of this bill.
(Died in Senate Public Safety Committee)
SB 469 (Rainey-R) Murder: jurisdiction: special circumstances
Provides that in a multiple murder death penalty case, the jurisdiction for any murder charged is in any county that has jurisdiction for one or more of the alleged murders, so long as the murders are "connected together in their commission."
Chapter 549, Statutes of 1998
SB 516* (Polanco-D) Assault and battery: operators of public transit buses
Provides that when an assault is committed against the person of an operator or driver of a public transit bus, the offense is punishable by a fine of $2,000 and imprisonment in a county jail for a full term of one year. Provides that when a battery is committed against the person of an operator or driver of a public transit bus, the offense is punishable by a fine of $3,000 and imprisonment in a county jail for a full term of one year. Provides that if an injury is inflicted on the operator or driver, the offense is punishable by a fine of $4,000 and imprisonment in the state prison for a full term of two or three years.
(Died in Senate Public Safety Committee)
SB 588 (Hughes-D) Elder abuse
States the intent of the Legislature to implement an omnibus elder abuse reform effort, in coordination with the Commission on Aging, for the prevention of elder abuse. Requires the omnibus elder abuse reform provisions to address, among other issues, increasing the criminal penalties for elder abuse, requiring the establishment of guidelines for peace officer training in the appropriate handling of elder abuse cases, increasing public awareness of elder abuse, and increasing the awareness of the elderly of the services provided by the long-term care ombudsman and adult protective services.
Authorizes certain peace officers to issue a certification that a person is substantially unable to manage his/her financial resources or to resist fraud or undue influence, is in imminent danger of losing his/her property as a result of fraud or misrepresentation, there is probable cause to believe a crime is being committed against that person, the crime is connected to his/her inability to manage his/her financial resources or to resist fraud or undue influence, and he/she suffers from that inability as a result of deficits in one or more mental functions. Authorizes the peace officer to serve the certification to a financial institution or escrow company and authorizes the financial institution or escrow company to treat the certification as having the same effect as a declaration by the public guardian without liability, subject to limitations, for a period of 30 days, and authorizes the peace officer to renew the certification at the end of the 30-day period.
(Died in Senate Judiciary Committee)
SB 597 (Peace-D) Internet use
Expands false advertising laws to include advertising disseminated or published over the Internet.
Double-joined with SB 1476 (Costa).
Chapter 599, Statutes of 1998
SB 645 (Polanco-D) Child abuse
Enacts the Lance Helms Child Safety act of 1998. Provides for a child to undergo a physical examination when the child is in protective custody and allegations of physical or sexual abuse have been made. Provides that prior to placing a dependent child in a relative's home, a criminal record check and a check of the Child Abuse Index be requested on any person over the age of 18 living in the home and all other persons who may spend considerable time with the child.
Chapter 949, Statutes of 1998
SB 667 (Haynes-R) Mayhem
Increases the punishment for mayhem to eight, 12, or 16 years and increases the punishment for aggravated mayhem to life without possibility of parole. Provides that the sentences for mayhem and aggravated mayhem must run consecutively to any other sentence imposed. Prohibits the court from amending or dismissing any other charge contained in the original accusatory pleading, except upon the motion of the prosecuting attorney.
(Died in Senate Public Safety Committee)
SB 670 (Vasconcellos-D) California Sentencing Commission
Creates the California Sentencing Commission until July 1, 2000, and makes legislative findings related to the determinate sentencing system.
(Died in Senate Appropriations Committee)
SB 777 (Leslie-R) Internet: gambling
Provides that it is a misdemeanor to use the Internet or other interactive computer service or system to engage in gaming, as specified, to transmit bets or wagers, or to receive money or credit as a result of gaming or placing bets or wagers. Provides that the bill does not apply to the California State Lottery or any type of gambling operation otherwise authorized by law.
(Died in Senate Public Safety Committee)
SB 834* (Hurtt-R) Sentencing: dismissal of prior convictions
Limits discretion of judges in two strike and three strike cases and implements various other changes to the "Three Strikes" law.
(Died in Senate Public Safety Committee)
SB 982 (Lee-D) Department of Motor Vehicles
Provides that every employee of the State Department of Motor Vehicles who creates or assists in the creation of a false driver's license or any other form of identification is guilty of a felony.
(Died in Senate Public Safety Committee)
SB 1079 (Calderon-D) Murder: special circumstances
Makes a murder committed for the benefit, or at the direction of, or in association with, a criminal street gang with the intent to promote, further, or assist in criminal conduct by the criminal street gang a special circumstance.
Provides that the special circumstance added by this bill is not intended to change the law providing that a person must be at least 18 years of age in order to be punished by death.
Creates a special circumstance for a murder by a member of a criminal street gang which, if charged and found to be true, is punishable by death or confinement in the state prison for life without parole.
(Failed passage in Senate Public Safety Committee)
SB 1128 (Schiff-D) Employment of undocumented workers
Establishes a penalty structure against employers who hire undocumented persons. Requires the State Employment Development Department (EDD) to verify the legal residency of workers it refers to employers. Requires EDD, when inspecting employers' records, to verify an employer's compliance with specific record-keeping requirements.
(Died in Senate Industrial Relations Committee)
SB 1211 (Brulte-R) Violent and serious felonies
Expands the "Three Strikes Law" to include additional violent and serious felonies.
(Failed passage in Senate Public Safety Committee)
SB 1229 (Schiff-D) Vandalism
Provides for higher misdemeanor penalties for multiple offenders who commit vandalism and to give judges more sentencing flexibility.
Double-joined with AB 1386 (Goldsmith-R), and AB 1897 (Alquist-D).
Chapter 852, Statutes of 1998
SB 1293 (Schiff-D) Minors: trial as adult
Requires a minor who is 14 years of age or older, who personally committed murder or forcible rape, to be prosecuted in a court of criminal jurisdiction and deletes those offenses from being subject to a fitness hearing review. Establishes procedures for the prosecution of minors who are 14 years of age or older committing specified offenses in nonconfidential proceedings in the juvenile court. Provides that the procedures are to be the same as those employed in a court of criminal jurisdiction. Requires the court, upon a guilty plea or a finding of guilt, to declare the minor a ward and commit him or her to a secure juvenile facility, or suspend entry of an adult criminal conviction, and suspend the imposition of a criminal sentence, as provided. Requires that the minor be given specified rights in those proceedings, including the right to trial by jury.
(Died in Senate Public Safety Committee)
SB 1374 (Leslie-R) Identify theft
Increases the penalty for the crime of personal identity theft from a misdemeanor to an alternate felony/misdemeanor, punishable by imprisonment in the state prison for 16 months, two or three years and/or a fine up to $10,000 or by imprisonment in a county jail for up to one year and/or by a fine up to $1,000. Expands personal identity theft to include willfully obtaining another person's information for "any unlawful purpose." Specifies medical information as an item illegal to obtain through the use of another individual's personal identifying information. Requires courts to have the court records reflect the victim (i.e., in addition to the original crime of personal identify theft) did not commit any subsequent crime where the defendant used the victim's personal information.
Chapter 488, Statutes of 1998
SB 1390 (Kopp-I) Impersonating an officer: uniforms
Expands fraudulently impersonating a peace officer to include impersonation by wearing, exhibiting or using a uniform, punishable as a misdemeanor. Creates a new one-year enhancement for felonies committed while fraudulently impersonating a peace officer.
Chapter 279, Statutes of 1998
SB 1404 (Johnston-D) Hate crimes
Makes it an alternate felony/misdemeanor for any person who burns, desecrates, or destroys a cross or other religious symbol, knowing it to be a religious symbol, on the property of a school for the purpose of terrorizing any person who attends or works there or is otherwise associated with the school, punishable by 16 months, two or three years in state prison, and a fine up to $10,000, or imprisonment in county jail for up to one year and a fine of up to $5,000.
Chapter 414, Statutes of 1998
SB 1407 (Lockyer-D) Crimes: manslaughter
Makes the death of any person resulting from a vehicular collision, knowingly committed for the purposes of financial gain, vehicular manslaughter punishable by four, six, or ten years in the state prison.
Chapter 278, Statutes of 1998
SB 1458 (Ayala-D) Kidnap for carjacking
Provides for the life sentence for a person who commits a kidnap during the commission or attempted commission of a carjacking.
(Died in Senate Public Safety Committee)
SB 1463 (Peace-D) Enhancements: burglary
Includes, for enhancement purposes, first degree burglary in the list of violent felonies, if (1) it was a first degree residential burglary, (2) it was committed between sunset and sunrise, (3) the defendant entered without consent, (4) the premises were occupied by a person who was not a principal in the burglary, who had a right to be in the residence and was present at the time of the burglary, and (5) the defendant personally used a dangerous or deadly weapon.
(Died in Senate Appropriations Committee)
SB 1465 (Monteith-R) Murder
Removes the "intent to kill" requirement from first degree murder perpetrated by a drive-by shooting.
(Died in Senate Public Safety Committee)
SB 1659 (Kopp-I) Animal euthanasia: carbon monoxide gas
Prohibits, beginning January 1, 2000, the use of carbon monoxide gas for the purpose of killing dogs or cats.
Chapter 751, Statutes of 1998
SB 1667 (Burton-D) Privacy: electronic tracking device
Prohibits the placing of an electronic tracking device on an automobile by a person who is not the registered owner, lessor or lessee of that vehicle. Exempts a lessor or lessee from the provisions of the bill.
Chapter 449, Statutes of 1998
SB 1668 (Haynes-R) Voluntary intoxication
Specifies that any person who commits a violent felony while voluntarily intoxicated, under circumstance which, but for the intoxication, is sufficient to prove the mental state required for the crime, is guilty of that offense. Specifies that evidence of voluntary intoxication is admissible on the issue of whether or not the defendant formed a required specific intent in a crime other than a violent felony.
(Died in Assembly Appropriations Committee)
SB 1679* (Kopp-I) Crimes
Repeals the sunset on the bad check program which, among other things, (1) authorizes district attorneys to collect a fee of not more than $35 for the processing and collection of each bad check, and (2) authorizes courts to require defendants to participate in, and pay for, a check writing education class. Sunsets on January 1, 1999, at which time prior law allowing for a $25 fee will be reinstated.
Chapter 522, Statutes of 1998
SB 1699 (Schiff-D) Probation
Establishes a three-year pilot project in two counties, to be administered by the Board of Corrections (BOC), to determine the effectiveness of probation when intensive services are provided. Requires the BOC to report to the Legislature. Sunsets January 1, 2002.
(Died in Senate Appropriations Committee)
SB 1715 (Calderon-D) Elder and dependent adult abuse: false imprisonment
Increases the penalty for the false imprisonment of an elder or dependent adult from 16 months, two, or three years in state prison, to two, three, or four years in state prison and makes related changes. Increases the penalty for any person who commits the false imprisonment of an elder or dependent adult by the use of violence, menace, fraud, or deceit, to imprisonment in the state prison for two, three, or four years. Adds a new Probate Code Section 259, which has the effect of preventing any person who is named a beneficiary of a decedent's estate, and who is found liable for acts against the decedent, or who is convicted of any violation of Penal Code Section 368 when the decedent is the victim, from receiving any portion of any award, such as civil damages or restitution, paid by such a person to the decedent's estate.
Double-joined with SB 2168 (Lockyer-D), AB 880 (Hertzberg-D), and AB 1955 (Woods-R).
Chapter 935, Statutes of 1998
SB 1719 (Calderon-D) Rape crisis centers
Appropriates $5.2 million from the General Fund to the Office of Criminal Justice Planning (OCJP) to augment existing rape crisis center services and to award grants to other programs. Provides that OCJP shall retain 5% for administration.
(Died in Senate Appropriations Committee)
SB 1734* (Johnston-D) High technology crimes
Redefines and clarifies the mission and funding mechanism of the High Technology Theft Apprehension and Prosecution Program and the composition of the High Technology Crime Advisory Committee.
Chapter 555, Statutes of 1998
SB 1750 (Watson-D) Parole violation
Authorizes the parole authority to impose intermediate sanctions against any parolee for violating parole, except in specified circumstances, involving high-risk parolees and parole violations related to serious and violent felonies.
Vetoed by the Governor
SB 1766* (Rosenthal-D) Managed Care Fraud Prosecution Program
Creates the Managed Care Fraud Prosecution Program within the office of the Attorney General to coordinate a statewide program and task force for investigating violations of fraud associated with managed care health services.
(Failed passage in Senate Appropriations Committee)
SB 1794 (Schiff-D) Sentence enhancements: categories
Provides that all sentence enhancements be listed in one place in the Penal Code and be categorized by length of term, for reference purpose only.
Chapter 395, Statutes of 1998
SB 1796 (Leslie-R) Electronic stalking and harassment
Adds threats or annoying communications made by electronic communication, such as through the Internet, to existing statutes prohibiting threats or annoying communications by other means.
Double-joined with AB 2351 (Hertzberg-D).
Chapter 825, Statutes of 1998
Similar legislation was AB 2351 (Hertzberg-D), which became Chapter 826, Statutes of 1998.
SB 1799 (Calderon-D) Special circumstances
Adds, subject to voter approval, to the list of special circumstances, making an offense punishable by death or life in state prison without possibility of parole, murder where the defendant intentionally killed a victim 14 years of age or younger and knew, or reasonably should have known, the victim was that young.
(Died in Assembly Appropriations Committee)
SB 1846 (Calderon-D) Sale of harmful matter: "Adult Only" areas
Prohibits access to harmful matter, except from labeled areas of business establishments.
(Died in Senate Public Safety Committee)
SB 1859 (Mountjoy-R) "Obscene matter" and "obscene live conduct"
Redefines "obscene matter" and "obscene live conduct" with reference to a contemporary community standard, instead of the present contemporary statewide standard for judging such matter and conduct.
(Failed passage in Senate Public Safety Committee)
SB 1868 (Hughes-D) Elder abuse
Creates a pilot program, in the County of Los Angeles, to be administered by the State Department of Social Services, to reduce the incidence of financial abuse perpetrated against mentally impaired elders, by utilizing peace officers and authorizing the public guardian, in specified cases, to issue a written certification which places a five-day hold on the property of the elder, subject to loss, injury, waste, or misappropriation. Allows the Counties of Riverside, San Francisco, and Ventura to participate in the program upon request, and as specified. Appropriates $150,000 to implement the provisions of the bill and sunsets on January 1, 2002.
Vetoed by the Governor
SB 1878 (Kopp-I) Murder: special circumstances
Amends the special circumstance for "lying in wait" provision in existing law to provide that the defendant intentionally killed the victim "by means of" instead of "while lying in wait." Provides that to be sentenced under the arson or kidnapping special circumstances, if there is specific intent to kill, the prosecutor must only prove the elements to the specific felony alleged, even if the felony was committed primarily or solely for the purpose of facilitating the matter. Provides that the above provisions are subject to voter approval.
Chapter 629, Statutes of 1998
SB 1880 (Senate Public Safety Committee) Criminal statute clean-up
Annual Senate Public Safety Committee omnibus bill, whose purpose is to make clarifying and technical substantive and nonsubstantive amendments to the Penal Code and to penal provisions of other codes. Makes changes to 12 provisions of law, 11 of which are nonsubstantive.
Chapter 606, Statutes of 1998
SB 1888 (Hurtt-R) Statutory rape: penalties: sex offender registration
Increases the penalty for statutory rape between an adult over 21 and a minor under 16 from a wobbler to a straight felony, as specified. Adds this level of statutory rape to the sex offender registration statute.
(Died in Senate Public Safety Committee)
SB 1900 (Schiff-D) Consecutive sentencing
Eliminates the five-year limitation on nonviolent subordinate terms.
Double-joined with AB 1290 (Havice-D).
Chapter 926, Statutes of 1998
SB 1991 (O'Connell-D) Animal cruelty: probation
Requires counseling as a condition of probation for any person who is convicted of killing, maiming, or abusing an animal. Provides that county mental health departments or Medi-Cal are responsible for costs of those individuals who meet the requirements for managed care. Specifies that counseling is a mandatory addition to sentencing and is not an alternative or an in-lieu order.
Chapter 450, Statutes of 1998
SB 2031* (Lockyer-D) Crimes against children and the elderly
Appropriates $10 million to the State Department of Justice to establish two grant programs, one to support the prosecution of crimes against children, and one to support the prosecution of crimes against the elderly.
Vetoed by the Governor
SB 2048 (Vasconcellos-D) "Three strikes" costs and benefits study
Requires the Judicial Council, the Attorney General, and the University of California, upon approval by the Board of Regents, to examine the costs and benefits of the "three strikes" law and report their findings to the Legislature on or before July 1, 1999.
Vetoed by the Governor
SB 2061 (Rainey-R) Offenses: ambiguity
Provides that, in the case of any ambiguity or conflict in interpretation between descriptive language and a code section or provisions of a code section, the code section shall take precedence over descriptive language. Applies to any offense described in the Penal Code, Health and Safety Code, or Welfare and Institutions Code. States that descriptive language shall be deemed as being offered only for ease of reference unless it is otherwise clearly apparent from the context that the descriptive language is intended to narrow the application of the referenced code section or particular provision of the code.
Chapter 162, Statutes of 1998
SB 2143 (Lockyer-D) 10-20-Life
Clarifies that the 10-20-life enhancement applies not only where the shooter of a firearm causes great bodily injury but also where the shooter causes death.
(Died on Assembly Inactive File)
SB 2168* (Lockyer-D) 10-20-Life
Adds residential burglary, arson and voluntary manslaughter to the list of offenses triggering the 10-20-life law for firearm use. Chapters out changes made to the 10-20-life law by AB 1290 (Havice), Chapter 925, Statutes of 1998. Makes cross-referencing changes to fully implement the "10-20-life" law. Cross-references various enhancements. Clarifies that the enhancement for prior drug convictions includes out-of-state priors. Clarifies that an assault on a firefighter is subject to enhanced punishment if the firefighter is performing his/her duty.
(Died on Assembly Inactive File)
SB 2199 (Lockyer-D) Elder and dependent adult abuse
Commencing May 1, 1999, expands and redefines reporting requirements regarding elder or dependent adult abuse, and creates various adult protective services programs in all counties contingent upon funding. Expands the list of persons who are mandated reporters to include those who have assumed full or intermittent responsibility for care or custody of an elder or dependent adult, as specified. Clarifies that reports of criminal activity are to be made to the Bureau of Medi-Cal Fraud in emergency situations, and reports of known or suspected abuse to the State Department of Health Services. Specifies that mandated reporters are not required to investigate known or suspected incidents of abuse. Requires training regarding determinations of criminal activity, consistent with current law. Provides that the bill will be implemented on May 1, 1999, only to the extent funds are provided in the annual Budget Act.
Double-joined with AB 1780 (Murray-D).
Chapter 946, Statutes of 1998
SB 2221 (Haynes-R) Death penalty: rape and child molestation
Authorizes the imposition of the death penalty on a defendant convicted of rape, if that defendant has one prior rape conviction that has been pled and proved. Authorizes the imposition of the death penalty on a defendant convicted of a lewd and lascivious act on a child under the age of 14 years, if that defendant has a prior conviction for that offense that has been pled and proved.
(Died in Senate Public Safety Committee)
SCA 11 (Polanco-D) Own recognizance release
Permits further statutory limitation on judicial discretion to provide own recognizance release.
(Died in Senate Public Safety Committee)
SCR 91 (Monteith-R) Missing Children's Week
Designates the week of May 25th as "Missing Children's Week" in California.
Resolution Chapter 66, Statutes of 1998
AB 22 (Pacheco-R) Kidnapping
Creates a life-without-possibility-of-parole sentence for a kidnapping, when the defendant intends to commit a sex offense, and the victim is killed, suffers "bodily harm," or is confined under circumstances exposing him/her to a likelihood of death.
(Died in Assembly Appropriations Committee)
AB 32 (Aguiar-R) Criminal penalties: pilot project
Establishes a pilot project that authorizes San Bernardino County to require the court to impose a criminal penalty of $10,000 on every person convicted of a felony, and $2,500 on every person convicted of a misdemeanor.
(Died in Senate Public Safety Committee)
AB 35 (Pacheco-R) Plea bargaining: serious felony
Provides that a serious felony includes burglary of a vessel which is inhabited and designed for habitation, and burglary of a floating home.
(Died in Assembly Public Safety Committee)
AB 105* (Wayne-D) Assault on a firefighter
Eliminates the requirement that a firefighter be actually engaged in fire-related activities, but maintains the requirement that the firefighter be performing his or her duty for purposes of sentence enhancements for assaults against firefighters.
Chapter 936, Statutes of 1998
AB 131 (Ortiz-D) Food stamp fraud
Adds additional punishment to the law for food stamp fraud violations, if the violation is committed by means of an electronic transfer of benefits.
Chapter 903, Statutes of 1998
AB 135 (Hertzberg-D) Advertising signs: trespass: evidence
Specifies that identifying information on an illegally posted advertising sign may be used as evidence to establish the fact and create an inference that the identified person or entity is responsible for the posting of the sign.
Chapter 192, Statutes of 1998
AB 164 (Knox-D) Incitement to riot: correctional facilities
Increases the penalty for inducing a riot in specified correctional facilities from a misdemeanor to an alternative felony/misdemeanor.
Chapter 558, Statutes of 1998
AB 165 (Morrissey-R) Sex crimes: definitions and penalties
Increases the penalty for sodomy and penetration of genital or anal openings by a foreign object on a person under age 18 years old from an alternate felony/misdemeanor to ten years in prison. Increases the punishment for rape, spousal rape, sodomy, and penetration of genital or anal openings by a foreign object generally from three-six-eight years to ten years in prison. Increases the punishment for forcible rape and penetration of a genital or anal opening with a foreign object committed in-concert from five-seven-nine years to ten years in prison, and provides that a third conviction shall result in a term of life in prison without the possibility of parole. Changes the elements of aggravated sexual assault on a child, as defined in Penal Code Section 269, by deleting the element that the victim be under age 14 years old and the offender be at least ten years older than the victim and, instead, requires only that the offender be over 18 years old and that the victim be under 18 years old.
(Died in Assembly Public Safety Committee)
AB 190 (Napolitano-D) Statute of limitations: elder abuse/theft or embezzlement
Extends the existing statutes of limitations which apply to crimes so that:
- Notwithstanding any other limitation of time, prosecution for any offense proscribed by Section 368 (pertaining to criminal negligence which harms an elder or dependent adult or caretaker theft and embezzlement), except for a violation of any provision of law proscribing theft or embezzlement, may be filed at any time within five years from the date of occurrence of such offense.
- Specifies that the applicable statute of limitations does not begin to run until the discovery of an offense which (1) is a felony, has a material element fraud or breach of fiduciary obligation, and involves the crimes of theft or embezzlement upon an elder or dependent adult, or 2) is a violation of Subdivision (c) of Section 368 which pertains to a theft or embezzlement of an elder or dependent adult committed by a caretaker (whether a misdemeanor or felony offense).
Chapter 944, Statutes of 1998
AB 220 (Kaloogian-R) San Diego Perjury Prosecution Pilot Project
Authorizes the San Diego County Board of Supervisors to institute a three-year pilot project requiring the district attorney to establish a special unit to investigate and prosecute acts of perjury committed during civil litigation and to appropriate $908,000 from the General Fund for the pilot project.
(Failed passage in Senate Public Safety Committee)
AB 231 (Honda-D) Counterfeit articles
Updates and expands the prohibitions against using counterfeit marks and manufacturing counterfeit goods.
Chapter 454, Statutes of 1998
AB 357 (Havice-D) Serious felonies
Expands the list of "serious felonies," for the purpose of prohibiting plea bargaining, to include the burglary of an inhabited dwelling house, a vessel that is designed for habitation and is inhabited, floating home, trailer coach, or the inhabited portion of any other building..
Chapter 754, Statutes of 1998
AB 417 (Davis-D) Unauthorized insertion of written material into newspapers
Prohibits attaching or inserting an unauthorized advertisement, as defined, into a newspaper and redistributes or intends to redistribute the newspaper to the public.
Chapter 592, Statutes of 1998
AB 429 (Goldsmith-R) Taking a firearm from a peace officer
Increases the penalty for taking a firearm from the person or immediate presence of a peace officer from 16 months, two, or three years in state prison, to four, six, or eight years. Increases the penalty for attempting to remove a firearm from the person or immediate presence of a peace officer from a wobbler, punishable by 16 months, two, or three years in state prison, or up to one year in county jail, to a straight felony punishable by two, three, or four years. Removes the requirement that the prosecution prove the officer was obstructed, or delayed by the disarming acts of the defendant.
(Died in Assembly Appropriations Committee)
AB 444 (Pacheco-R) Assault against a peace officer or firefighter
Authorizes the court to impose full, separate and consecutive sentences, in addition to the sentence for any related crime, when a person commits assault with a deadly weapon, or with force likely to result in great bodily injury, against an on-duty peace officer or firefighter, and the person reasonably should have known the victim was an on-duty peace officer or firefighter.
(Died in Assembly Appropriations Committee)
AB 490 (Ashburn-R) Murder of a child
Designates, subject to voter approval, murder of a child under the age of 14 a special circumstance, punishable by death or life without the possibility of parole.
(Died in Senate Appropriations Committee)
AB 512 (Morrissey-R) Indecent exposure
Increases penalties for indecent exposure (currently a wobbler when committed in an inhabited dwelling, and a misdemeanor in other circumstances), to make indecent exposure within 100 feet of a school during school hours a wobbler, punishable by oje year in county jail or 16 months, two, or three years in state prison. Makes any subsequent indecent exposure conviction, or an indecent exposure conviction with a prior conviction for other sex crimes, a felony, punishable by 16 months, two, or three years in state prison.
(Died in Assembly Appropriations Committee)
AB 531 (Knox-D) Home detention: escape
Provides that a prisoner convicted of a felony who escapes or attempts to escape from a home detention program is guilty of a felony and, if the escape is not by force or violence, punishable by imprisonment in the state prison for 16 months, two years, or three years, or in a county jail not exceeding one year.
Chapter 258, Statutes of 1998
AB 562 (Bowen-D) Narcotic addicts
Restores participation credits to civil addicts undergoing drug treatment and requires that probation reports specify whether an offender is eligible for commitment to the civil addict program. Provides for an evaluation of the current program of the involuntary commitment of narcotic addicts to institutions for treatment.
(Died on Assembly Unfinished Business File)
AB 583 (Davis-D) Real property: rent skimming
Expands the laws against "rent skimming" to include conduct where the person takes or claims possession of the rental property without the owner's consent, rents it to another person, collects the rent, and keeps the money. Provides that this conduct be punishable as a simple misdemeanor (six months and/or $1,000 fine), and, as under existing law, is punishable as a misdemeanor/felony wobbler for multiple (five or more) violations.
Chapter 193, Statutes of 1998
AB 717 (Morrissey-R) Harassment: penalties
Provides that if a person is found guilty of violating an order prohibiting specified forms of communication or requiring the maintenance of a specified distance from a person or place, and the court grants probation, the court may order specified terms of community service as a condition of probation, and, upon a third offense, that the person also participates in anger control management counseling. Provides that if a person is found guilty of specified restraining orders, injunctions, or protective orders, and found to have used a motor vehicle in the commission of the violation, and the court grants probation, the court is authorized to order the person's driver's license to be suspended or restricted, and for a second offense, that the vehicle used also be booted, as specified, and for a third offense, that the person also participate in anger control management counseling, as specified. Provides that if a person is found guilty and found to have used a telephone, note, gift, letter, or drawing, and the court grants probation, the court is authorized to order that the person pay a specified fine, as well as perform specified community service, participate in anger control management counseling, and stay away from the victim, as specified. Provides that if the defendant is found to have committed a third offense and used a motor vehicle or other form of transportation or communication, as specified, the item may be impounded and subject to forfeiture.
(Died in Senate Public Safety Committee)
AB 726 (Baugh-R) Local regulation of sexually oriented businesses
Revises the law countenancing local regulation of activities performed in an adult or sexually oriented business, and defines that term as any establishment that regularly features live performances which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person, or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breast of any female person. Repeals the theater exemption for adult theaters as of July 1, 1998, and "grandfathers in" existing adult theaters.
Chapter 294, Statutes of 1998
AB 743 (Washington-D) Education of probationers
Creates a five-year pilot project in Los Angeles County, upon adoption by the board of supervisors, to be conducted in two courts with the county to participate in a program designed to assist adults in receiving a 12th-grade education equivalency as a condition of probation for selected persons convicted of nonserious felonies. Provides that the courts could require any adult convicted of a nonviolent, nonserious felony to participate in a program, as determined by the probation department, toward 12th-grade equivalency. Specifies that in the case of a parolee or probationer, the program may be either a literacy program or a General Education Development Program.
Chapter 498, Statutes of 1998
AB 778 (Floyd-D) Theft of a trade secret
Narrows the definition of theft of a trade secret. Deletes language which holds a person who "uses without authorization" a trade secret with fraudulent intent guilty of theft.
(Failed passage in Assembly Public Safety Committee)
AB 880 (Hertzberg-D) Elder abuse
Expands the applicability of the existing penalty enhancements for violations of any law proscribing theft or embezzlement by a caretaker where the victim is an elder or dependent adult and the violator knows, or reasonably should know, that the victim is an elder or dependent adult.
Chapter 934, Statutes of 1998
AB 903 (Miller-R) Fraudulent charitable solicitation
Increases the maximum penalty for fraudulent charitable solicitation to one year in a county jail and/or a $5,000 fine.
Chapter 166, Statutes of 1998
AB 976 (Papan-D) Money laundering
Allows a peace officer to:
- Testify in front of the grand jury as to hearsay statements regarding the foundation for the admissibility into evidence of physical evidence.
- Obtain financial records of an individual upon an ex parte showing to a judge that there are reasonable grounds to believe that the records or information sought are relevant to an ongoing investigation of activities relative to criminal profiteering.
- Obtain utility records of an individual upon an ex parte showing to a judge that there are reasonable grounds to believe that the records or information sought are relevant to a criminal investigation.
Chapter 757, Statutes of 1998
AB 1076 (Cardoza-D) Sentence enhancements
Repeals the provisions of the "three strikes" law enacted by the Legislature. Requires that, if a defendant has two or more prior convictions that have been pled and proven, the term of imprisonment imposed for the current felony conviction shall include, in addition, twice the term otherwise provided as punishment for any enhancement imposed for using a deadly or dangerous weapon or for the infliction of great bodily injury.
(Died in Assembly Public Safety Committee)
AB 1119 (Knox-D) Drug and theft offenses
Imposes indeterminate sentencing terms for various drug and theft offenses, increases punishment for offenses related to explosives, specifies various parole procedures, and mandates the State Department of Corrections to establish an inmate performance program.
(Died in Assembly Public Safety Committee)
AB 1204 (Keeley-D) Alcoholic beverages: minors
Provides that the penalty for a person who purchases alcohol for a person under 21 years of age, and that person under 21 subsequently consumes the alcohol and proximately causes great bodily injury or death to himself/herself, or others, be a misdemeanor.
Chapter 441, Statutes of 1998
AB 1251 (Battin-R) Human cloning
States that the Legislature intends to prohibit the cloning of a human being. Prohibits a person from cloning a human cell for the purpose of cloning a human being and prohibits a person from purchasing or selling an ovum, zygote, embryo, or fetus for the purpose of cloning a human being.
(Died in Senate Appropriations Committee)
AB 1290 (Havice-D) Kidnapping
Clarifies that the crime of kidnapping a minor under the age of 14 is composed of the same elements as kidnapping, except for the age of the victim. Provides that the aggravated sexual assault on a child and continuous sexual abuse of a minor are predicate offenses for a habitual sexual offender statute.
Double-joined with SB 2168 (Lockyer-D).
Chapter 925, Statutes of 1998
AB 1386 (Goldsmith-R) Vandalism
Increases the penalty for vandalism or affixing inscribed material (graffiti) to punishment as a misdemeanor for damage or destruction of less than $400. Revises existing provisions of law relative to specified community service as a condition of probation in vandalism cases.
Chapter 853, Statutes of 1998
AB 1444 (Poochigian-R) Parolees: credits
Extends the list of parole violations for which inmates are ineligible for credits.
(Died on Senate Inactive File)
AB 1450 (Shelley-D) Civil rights: vandalism
Increases the penalty for vandalism committed to interfere with the free exercise or enjoyment of any right of another person because of their race, color, religion, etc., to include mandatory community service.
Chapter 850, Statutes of 1998
AB 1538 (Havice-D) Murder: special circumstances
Provides that murder committed by an active participant in a criminal street gang, with the intent to further the activities of the criminal street gang, is a special circumstance which, if proven, could result in the defendant being sentenced to the death penalty or life in prison without the possibility of parole.
(Died in Senate Public Safety Committee)
AB 1635 (Migden-D) Performing animals
Requires a traveling circus or carnival that performs in California to notify local animal control entities of its intent to perform in their jurisdiction 14 days prior to any performance. Requires a circus or carnival to provide those entities with a schedule of all performances in the state. Provides that failure to do so is punishable by a civil penalty of not less than $500 and not more than $2,000 for a first violation, and not less than $1,500, or more than $5,000, for any subsequent violation.
Chapter 579, Statutes of 1998
AB 1659 (Richter-R) Homicide of peace officers: reimbursement
Requires the state to fully reimburse small counties of under 300,000 in population for the costs of investigating, prosecuting, and defending any homicide trial involving the killing of a peace officer in the line of duty.
(Died in Senate Appropriations Committee)
AB 1693 (Sweeney-D) Enhancements: primary and secondary offenses
Provides that the existing two-year enhancement for a new felony offense committed while a defendant is released from custody also applies when the defendant has been sentenced, but it allowed to temporarily remain out of custody.
Chapter 119, Statutes of 1998
AB 1695 (Knox-D) Crimes: supervision of a prostitute
Makes it a misdemeanor to supervise, direct, recruit, attempt to recruit, or in any way aid another in an act of prostitution or of loitering with intent to engage in prostitution.
Chapter 460, Statutes of 1998
AB 1698* (Lempert-D) Murder
Adds the murder of a person protected under a restraining order against the defendant, to the list of special circumstances constituting first-degree murder, punishable by death, or life in prison without possibility of parole. Places the measure on the November 1998 ballot.
(Died in Assembly Appropriations Committee)
AB 1707 (Wildman-D) Body armor
Makes it a felony for any person convicted of a violent felony to purchase, own, or possess body armor.
Chapter 297, Statutes of 1998
AB 1709 (Alquist-D) Funeral directors: fraud
Provides that it is unlawful for any person, other than a funeral director, to sell or offer to sell, on a retail basis, a casket, alternative container, or outer burial container, unless the person complies with certain price and disclosure requirements.
Chapter 286, Statutes of 1998
AB 1780 (Murray-D) Elder and dependent adult abuse
Adds "neglect, financial abuse, abandonment, and isolation" to the list of incidents that constitute a reportable elder abuse or dependent abuse condition. Expands the definition of "mandated reporter," as specified. Provides that any mandated reporter who willfully fails to report physical abuse, isolation, financial abuse or neglect of an elder or dependent adult where that abuse results in death or great bodily injury, is punishable by an increased penalty of not more than one year in a county jail, or by a fine of not more than $5,000, or imprisonment in the state prison (a new felony).
Chapter 980, Statutes of 1998
AB 1783 (Bordonaro-R) Battery: state hospital
Makes it a felony for any patient housed in a security compound of a state hospital to commit a battery against, and inflict an injury upon, the person of another.
(Died in Assembly Public Safety Committee)
AB 1788 (Wright-D) Prostitution: suspended driver's license
Authorizes a judge to suspend the driving privilege for up to 30 days, or restrict the driving privilege to travel to and from work/school for up to six months, of a person convicted of engaging in lewd conduct where a peace officer witnesses the violator pick up a person who is engaging in loitering with the intent to commit prostitution, and the violator subsequently engages in a lewd act within 1,000 feet of a residence and with the use of a vehicle, and repeals the sunset of January 1, 1999 on a county pilot program related to vehicle impoundment and expands the law to any city or county that desires to implement the program.
Chapter 758, Statutes of 1998
AB 1792 (Havice-D) Personal information: minors
Requires that persons who provide mailing and other lists to institute procedures to delete a child's name, upon request, and to determine the purpose of the buyer of the list. Requires persons who use personal information about a child to take steps to limit access to the information and to delete a child's name, upon request. Makes it a misdemeanor to knowingly distribute or receive personal information about a child with knowledge that the information will be used to abuse or physically harm the child. Provides procedures for parents to follow to remove consent for list brokers to use personal information. Provides that the provisions of the bill do not apply to specified prison inmate labor.
Chapter 763, Statutes of 1998
AB 1797 (Davis-D) Force against witnesses
Specifies that the prohibition against intimidation of witnesses extends to the actual use of force against witnesses.
Chapter 245, Statutes of 1998
AB 1799 (Migden-D) Unlawful dumping: increased fines
Raises the mandatory minimum and maximum fines for unlawful dumping. Expands the definition of "commercial dumping" to include an amount equal to, or more than, one cubic yard.
Chapter 50, Statutes of 1998
AB 1844 (Thompson-R) Arson registration
Ensures local fire officials are given specified information concerning persons required to register under the arson registration statute.
Chapter 359, Statutes of 1998
AB 1867 (Wayne-D) Unlawful entry
Creates the new crime of entering an inhabited structure to avoid arrest or conceal evidence, punishable as an alternative felony/misdemeanor.
(Died in Senate Public Safety Committee)
AB 1897 (Alquist-D) Vandalism: cost
Authorizes the court to order the payment of law enforcement costs, up to $250, for identifying and apprehending a defendant, in addition to any other punishment or fine, by a person convicted of an act of vandalism, as specified.
Chapter 851, Statutes of 1998
AB 1922 (Firestone-R) Obstruction of justice: judicial officials
Makes it a misdemeanor for any judicial officer, court commissioner, or referee to commit any act the he/she knows, or should have known, perverts or obstructs justice or the due administration of laws.
Chapter 512, Statutes of 1998
AB 1955 (Woods-R) Criminal neglect: elders and dependent adults
Revises and recasts the existing provisions of law which punish criminal neglect of an elder or dependent adult with the same penalties as existing law, as specified.
(Died at the Senate Desk)
AB 1969 (Baldwin-R) Alcoholic beverages: minors
Increases the penalties of minor possession of alcohol, attempt to purchase alcohol, and the use of false identification to purchase alcohol.
(Died in Assembly Public Safety Committee)
A similar measure was AB 1989 (Thompson-R), which died in Assembly Governmental Organization Committee.
AB 1999 (Kuehl-D) Hate crimes: gender
Conforms all "hate crimes" provisions to include gender, either by adding "gender" or substituting "sex" for "gender" and defines "gender" for the purpose of these statutes.
Double-joined with SB 2168 (Lockyer-D).
Chapter 933, Statutes of 1998
AB 2008 (Woods-R) Financial crimes
Restructures and simplifies code provisions relating to financial crimes and makes no substantive changes, except to clarify and codify case law, that establishes traveler's checks are among the types of instruments that may be forged.
Chapter 468, Statutes of 1998
AB 2068 (Kaloogian-R) Perjury Prosecution Pilot Project
Establishes the "Perjury Prosecution Pilot Project" in San Diego County to create a special unit within the district attorney's office targeting perjury committed in civil litigation. Appropriates $908,000 from the General Fund for purpose of this pilot project. Sunsets on January 1, 2002.
(Died in Assembly Judiciary Committee)
AB 2077 (Gallegos-D) Vandalism
Provides for felony sentencing and higher fines for multiple offenders who commit vandalism.
(Died in Senate Public Safety Committee)
AB 2082 (Pacheco-R) Jewelry Industry Crime Prevention Task Force
Creates an 11-member Jewelry Industry Crime Prevention Task Force, charged with holding a least two public meetings on, and issuing a report to the Legislature that includes findings and declarations related to, and the problems associated with, robberies and other crimes committed against the jewelry industry, as specified.
Appropriates $50,000 from the General Fund to the Office of Criminal Justice Planning for the payment of printing costs, travel, and necessary expenses related to the Jewelry Industry Crime Prevention Task Force.
(Died on Senate Inactive File)
AB 2091 (Morrissey-R) Criminal neglect
Increases the punishment for a parent who willfully omits food, clothing, shelter, or medical care where the parent has been in willful violation for more than six months, or where the parent has previously been convicted of the willful failure to provide.
(Died in Assembly Public Safety Committee)
AB 2101 (Bowler-R) Interference with the operation of aircraft
Expands the misdemeanor crime of shining a light or other bright device at a helicopter, with intent to interfere with the operation of the helicopter, to include all aircraft.
Chapter 218, Statutes of 1998
AB 2104 (Bustamante-D) Sentencing: firearms
Increases the term of imprisonment for any person who is armed with a firearm, or personally uses a deadly or dangerous weapon, in the commission or attempted commission of a felony, to one, two, or three years, and requires the court to order imposition of the middle term unless there are circumstances in aggravation or mitigation, and to state its reasons for its enhancement choice on the record at the time of sentencing.
(Died in Assembly Public Safety Committee)
AB 2133 (Escutia-D) Sentencing: violent felonies
Provides a trial court the discretion to impose full consecutive terms for violent offenders, as specified.
(Died in Assembly Appropriations Committee)
AB 2136 (Escutia-D) Sentencing: firearms
Codifies court decisions requiring the application of an enhancement for the personal use of a firearm in addition to the penalty for the crime of assault with a firearm, and applying that enhancement to all convictions for assault with a deadly weapon when the defendant personally uses a firearm.
(Died in Senate Public Safety Committee)
AB 2143 (Pacheco-R) Violent felonies: public officials
Provides that any person who commits a violent felony or a felonious assault upon a judge, prosecutor, juror, former judge, or former prosecutor, or the immediate family of these officials, shall be punished by imprisonment in the state prison for life.
(Died in Assembly Public Safety Committee)
AB 2146 (Thompson-R) Child pornography
Expands the definition of "sexual conduct" as it relates to minors to include exhibition of the breasts. Increases current terms of imprisonment for employment or use of minors in pornography for commercial and noncommercial purposes and creates an infraction for any commercial distribution of material depicting minors engaged in "sexual conduct."
(Died in Assembly Public Safety Committee)
AB 2154 (Pacheco-R) Crimes against public officials
Expands the list of public officials for which it is a crime to commit any assault or murder in retaliation for or to prevent the performance of the victim's official duties. Includes a former judge, a prosecutor or assistant prosecutor, a former prosecutor or assistant public defender, any peace officer, any juror, or the immediate family of any of these officials and those currently covered.
Chapter 748, Statutes of 1998
AB 2170 (Goldsmith-R) Resisting arrest
Prohibits a person from using devices or structures to resist arrest and makes it a felony to make, sell, transport, possess, and use such devices.
(Died in Assembly Public Safety Committee)
AB 2178 (Battin-R) Manslaughter: fetus
Adds the unlawful killing of a fetus to the crime of vehicular manslaughter.
(Failed passage in Assembly Public Safety Committee)
AB 2186 (Mazzoni-D) Elder and dependent adult abuse
Revises existing requirements and procedures for the reporting of suspected incidents of elder or dependent abuse.
(Died in Assembly Human Services Committee)
AB 2197 (Washington-D) Infractions: penalties: community service
Permits individuals who face hardship in paying fines for infractions to be alternatively sentenced to community service and provides that such community service be performed at an hourly rate applicable to community service work performed by criminal defendants.
Chapter 1061, Statutes of 1998
AB 2212 (Morrissey-R) Robbery: home invasions
Increases penalties for "home invasion robberies" and creates either a new offense or an enhancement for taking a vehicle in connection with the commission of a "home invasion robbery".
(Died in Assembly Public Safety Committee)
AB 2287 (Baldwin-R) HIV: gross negligence
Creates a new felony for knowingly and either intentionally or grossly negligently infecting another person with the human immunodeficiency virus (HIV) through unprotected sex.
(Died in Assembly Public Safety Committee)
AB 2315 (Bordonaro-R) Domestic violence protective order violations
Requires a third or subsequent conviction for a violation of specified protective orders occurring within seven years of a prior conviction for a violation of any of those orders not involving an act of violence or a credible threat of violence to be punished by imprisonment in a county jail for up to one year. Provides that, if in these cases a court orders probation or suspends a sentence, the court is required to impose, as a condition thereof, not less than one-year participation in a batterer's program. Provides that the bill's proposed provisions concerning repeat violations of domestic violence restraining orders are triggered upon a third or subsequent violation.
(Died on Senate Inactive File)
AB 2317 (Knox-D) Occupational safety and health
Makes the offense of violating specified safety provisions that cause the death or prolonged impairment of an employee punishable as either a misdemeanor or felony. Provides that the offense generally is punishable by a fine of not more than $70,000, by imprisonment in the county jail for up to one year, or by both the fine and imprisonment, or is punishable by a fine not exceeding $250,000, imprisonment in the state prison for 16 months, two years, or three years, or by both the fine and imprisonment. Provides that if the defendant is a corporation or limited liability company, the fine shall not be more than $1 million. Provides that any violation following a prior conviction or that causes the death of an employee is punishable by imprisonment in the county jail for up to one year, by a fine of from $35,000 to $70,000, or by both the fine and imprisonment, or by imprisonment in the state prison for two, three, or four years, by a fine not exceeding $250,000, or not exceeding $1 million in the case of a corporation or limited liability company, or by both the fine and imprisonment. Provides that these provisions do not prohibit a prosecution for murder.
(Died in Assembly Labor and Employment Committee)
AB 2324 (Knox-D) Murder
Increases the penalty for first degree murder, when the murder was committed because of the victim's disability, gender or sexual orientation, as specified, from 25 years to life to life without the possibility of parole.
(Died in Senate Appropriations Committee)
AB 2325 (Bordonaro-R) Resisting arrest: civil damages
Authorizes cities and counties to recover damages in civil court for economic losses incurred for the replacement of equipment, supplies, uniforms, police dogs and veterinary bills for treatment of police dogs if the violator proximately caused the economic losses while resisting arrest, interfering with police radio transmission or removing an officer's firearm.
(Died in Senate Public Safety Committee)
AB 2345 (Frusetta-R) Vandalism to agricultural equipment
Increases the potential fine for vandalism to agricultural equipment, water tanks and pumps by adding a new statute that makes a person convicted of vandalism to agricultural equipment, water tanks, or pumps be punishable by a fine of $5,000 and/or imprisonment for six months. Prescribes a fine if the defendant is given probation, in an amount to be determined by the judge, not to exceed $1,000.
(Failed passage in Senate Public Safety Committee)
AB 2351 (Hertzberg-D) Computer crime
Adds threats, or annoying communications made by electronic communication, such as through the Internet, to existing statute prohibiting threats or annoying communications by other means. Requires field peace officers to be trained in high technology crimes, and provides for a study of a state-operated center on computer forensics.
Chapter 826, Statutes of 1998
AB 2355 (Olberg-R) Trespass: denial of access
Discourages activities or other persons from obstructing access to or from land of any person with an ownership, easement or other interest in land, where such interest has been duly recorded, by imposing an infraction punishable by a fine of up to $500 to knowingly or willfully obstruct access to such lands.
Chapter 271, Statutes of 1998
AB 2356 (Olberg-R) Abortion: murder
Makes abortion illegal and punishable as murder. Amends the murder statute so that it applies to the mother of a fetus who willfully and with specific intent to cause the death of a fetus commits an act that results in the death of the fetus, unless the act complies with the Therapeutic Abortion Act.
(Died in Assembly Public Safety Committee)
AB 2390 (House-R) Vehicle theft
Expands the penalty of two, three, or four years in prison for repeat automobile thieves to include additional classes of vehicles, and provides a separate code section for vehicle theft in order to aid identifying repeat offenders.
Chapter 710, Statutes of 1998
AB 2448 (Bowler-R) Social security account numbers
Requires any state or local agency having access to the social security account number of a defendant for whom a bench warrant of arrest has been issued for failure to appear in court, and who has failed to pay any fine or forfeiture, upon request, to provide to the court the social security account number of the defendant for purposes of assisting the court in collecting the delinquent fine or forfeiture.
(Died in Assembly Public Safety Committee)
AB 2449 (Bowler-R) Justifiable homicide: entry into motor vehicle
Provides that homicide is justifiable when committed by a person lawfully inside a motor vehicle against a person attempting to make, or has made, an unlawful entry into the vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the motor vehicle. Provides that the homicide shall be justifiable even though the person committing the homicide does not retreat from the encounter.
(Died in Assembly Public Safety Committee)
AB 2500 (Prenter-R) Assault: peace officers and firefighters
Allows the imposition of full consecutive sentences for each conviction for aggravated assault on a peace officer or firefighter.
(Failed passage in Assembly Public Safety Committee)
AB 2545 (Bordonaro-R) Sentencing: firearms
Adds residential (first-degree) burglary as a predicate offense to the 10-20-Life law, under which enhancement of 10, 20 and 25-years-to-life are imposed for the use, discharge, and discharge of a gun causing great bodily injury, respectively.
(Died in Assembly Appropriations Committee)
AB 2567 (Bustamante-D) Multiple Agency Gang Enforcement Consortium
Establishes the Multiple Agency Gang Enforcement Consortium, a grant program to be administered by the Office of Criminal Justice Planning, designed to reduce violent crimes. Appropriates $500,000 from the General Fund for the purposes of the bill.
(Died in Senate Appropriations Committee)
AB 2594 (Wright-D) Repeat Offender Prevention Project
Codifies changing the administering entity of the Repeat Offender Prevention Project from the State Department of Youth Authority to the Board of Corrections. Names, in statute, the participating counties and adds the City and County of San Francisco. Makes other changes related to the administration and evaluation of the grants. Provides that the conference-approved Budget Act of 1998 appropriated $4 million from the General Fund to continue the eight programs and to support the establishment of a program in an additional county.
Chapter 327, Statutes of 1998
AB 2660 (Thomson-D) Sex offenses
Provides a life sentence, with the possibility of parole, for burglars who assault their victims with the intent to commit specified sex crimes.
(Died in Senate Appropriations Committee)
AB 2723 (Pacheco-R) Assault or battery in a local juvenile institution
Makes the criminal sentences for assault or battery upon nonconfined persons in local juvenile facilities identical to those applicable to the State Department of Youth Authority facilities.
(Died in Senate Public Safety Committee)
Procedural
SB 151 (Peace-D) Habeas corpus
Expresses legislative intent to make changes in habeas corpus procedures.
(Died on Senate Unfinished Business file)
SB 177 (Kopp-I) Best evidence rule
Repeals the "best evidence rule" which requires the original of a writing to be offered in evidence to prove the content of the writing, and replaces it with the "secondary evidence rule" which provides that the content of the writing may be proved by otherwise admissible secondary evidence.
Chapter 100, Statutes of 1998
SB 284 (Monteith-R) Statute of limitations: statutory rape
Increases the statute of limitations for misdemeanor statutory rape, from one to two years.
(Died in Senate Public Safety Committee)
SB 326* (Leslie-R) Minors: protective orders
Requires courts to allow minors over age 12 to appear in court without a guardian and without counsel for the purpose of requesting or opposing a protective or restraining order. Authorizes minors under age 12 to appear in court without counsel, but with a guardian, for the same purpose. (Codifies an existing rule of court.)
Chapter 706, Statutes of 706
SB 910 (Calderon-D) Criminal actions: change of venue
Provides that a defendant may not make a motion for change of venue until the jury selection process has been commenced and prospective jurors have been questioned. Provides that public opinion surveys shall not be admissible for consideration by the trial court in connection with a motion for change of venue. Provides that public opinion surveys shall not be admissible for consideration by the trial court in connection with a determination of the county to which venue shall be changed after an order to change venue has been granted.
(Failed passage in Senate Criminal Procedure Committee)
SB 1091 (Schiff-D) Criminal procedure: search warrants
Permits peace officers to obtain a search warrant for a misdemeanor noise violation.
(Died in Senate Criminal Procedure Committee)
SB 1241 (Schiff-D) Criminal procedure: discovery
Requires the court, where a party has failed to comply with criminal discovery provisions, to order the immediate disclosure of all required information.
(Died in Senate Criminal Procedure Committee)
SB 1441 (Kopp-I) Criminal procedure
Allows the waiving of a jury trial on the question of priors in situations where a pending complaint is amended, as specified. Provides for the release of documents, which are currently kept confidential relating to investigation and expert costs in death penalty cases during the appellate process, to the Attorney General, when the documents relate to an issue raised by the defendant on appeal or collateral review.
Chapter 235, Statutes of 1998
SB 1480 (Kopp-I) Criminal procedure
Prohibits the release of any person on his or her own recognizance until a hearing is held in open court for any person on felony probation or parole, or for any person who has failed to appear three or more times, in the preceding three years, and is arrested for certain specified offenses.
Chapter 520, Statutes of 1998
SB 1558 (McPherson-R) Criminal procedure: dismissal
Requires a court to order an action dismissed when a defendant is not brought to trial within 60 days of the defendant's arraignment in superior court.
Chapter 98, Statutes of 1998
SB 1632 (Johnson-R) Bench warrants
Requires the court to exonerate a bail bond if a bench warrant is not entered into the National Crime Information Center warrant system and the failure to enter the warrant prevented the surety or bond agent from surrendering the fugitive into custody or from being arrested.
Chapter 183, Statutes of 1998
SB 1703 (Schiff-D) Admissibility of evidence
Requires a defendant to file and serve a motion to determine the question of admissibility of a confession or admission at least ten court days prior to trial.
(Died in Senate Public Safety Committee)
SB 1795 (Leslie-R) Privileged communications
Provides that identifying information of a person who submits a statement to a crime stoppers organization shall remain confidential but allow the release of the communication following an in camera review.
(Failed passage in Senate Public Safety Committee)
SB 1850 (Schiff-D) Criminal procedure: appeals by the people
Allows the people to appeal from an order setting aside only a portion of the charging document, as well as an order or judgment after a verdict or finding of guilty.
Chapter 208, Statutes of 1998
SB 1892 (Hurtt-R) Bench warrants: delivery reimbursements
Requires the county in which a warrant was issued to reimburse the county from which delivery of the defendant was made for any costs related to delivery of the defendant to the court in the county that issued the warrant. Authorizes the county that paid the reimbursement to require that the defendant pay the amount of this reimbursement if the court finds that the defendant willfully failed to appear.
(Died in Senate Public Safety Committee.)
SB 1904 (Ayala-D) Legal defense of employees by public entities
Provides that if a public entity decides to pay for the legal defense of an employee in a criminal action, and if the employee is found guilty, the employee must reimburse that public entity for the costs of his or her legal defense upon final conviction.
(Died on Senate Inactive File)
SB 1917 (Sher-D) Tobacco-related illness
Permits the use of statistical evidence to show the correlation between tobacco use and resulting illness in any aggregate or class action brought by a public entity or other plaintiff to recover damages or the value of benefits provided to individuals injured by a tobacco-related illness. Provides that evidence would be used to show proof of causation and damages.
(Died in Assembly Judiciary Committee)
SB 1927 (Schiff-D) Criminal procedure: discovery
Provides that attorneys and investigators must properly identify themselves and whom they represent when interviewing an alleged victim or a witness in a criminal investigation. Authorizes the court to issue a discovery order upon a showing that a person has failed to comply with these provisions.
Chapter 630, Statutes of 1998
SB 1970 (Schiff-D) Arrest warrants: electronic mail
Allows for the issuance of arrest warrants by electronic mail and establishes procedural guidelines for taking statements of individuals seeking the warrant.
Chapter 692, Statutes of 1998
SB 2149 (Calderon-D) Criminal procedure: voice stress analyzer test
Prohibits a governmental agency, in the case of specified alleged crimes, from requesting the complaining witness to take a voice stress analyzer test as a prerequisite to filing an accusatory pleading.
(Died in Senate Public Safety Committee)
SB 2210 (O'Connell-D) Criminal procedure: peace officers personnel records
Adds a statutory limit on access by a grand jury, a district attorney, or the Attorney General's Office to a peace officer's "administratively compelled statement when the officer is the subject of a criminal investigation or a criminal grand jury investigation or proceeding."
(Died on Senate Inactive File)
SCA 11 (Polanco-D) Own recognizance release
Provides that a person may be released on his or her own recognizance at the discretion of the court.
(Died in Senate Criminal Procedures Committee)
AB 126 (Papan-D) Criminal procedure: testimony: witnesses
Expands the list of crimes for which accommodations such as testimony by closed-circuit television are given to alleged victims who are developmentally disabled to include statutory rape and assault with intent to commit rape. Requires the Judiciary Council to report specified finding to the Legislature relative to the provisions of this bill.
Chapter 97, Statutes of 1998
AB 128* (Morrow-R) Electronic recording
Authorizes the Judicial Council to adopt rules to permit any court to utilize audio and video recording as a means of producing a verbatim record. Also requires the Judicial Council to adopt rules to apportion the half-day fee to be charged when the court provides verbatim recordkeeping services by means of a certified shorthand reporter.
(Died in Senate Public Safety Committee)
AB 342 (Bowen-D) Criminal procedure: review by appellate court
Abrogates the People v Wende (1974 25 Cal. 3d 436) decision stating that an appellate court is not required to review the full record of a noncapital criminal case if an indigent defendant's appointed counsel, after complying with specified requirements, finds no meritorious grounds on which to appeal.
(Died in Senate Public Safety Committee)
AB 386 (Pacheco-R) Criminal procedure: warrants: sealing
Provides that an affidavit supporting an arrest warrant or search warrant may be sealed if the underlying investigation is continuing and sealing is in the public interest because it is reasonably necessary to avoid any of the following:
- Flight by a person under investigation.
- Destruction of evidence.
- Endangering of an informant.
- Otherwise compromising the investigation.
Provides that upon a showing of good cause, the court may place under seal all documents and records relating to an arrest warrant and that the documents shall remain sealed until service of the arrest warrant is completed, unless the prosecuting attorney makes a showing of good cause for continued sealing of the records or portions of the records. Provides that continued sealing of records may be for a period of 90 days which may be renewed upon another showing of good cause.
(Died in Senate Public Safety Committee)
AB 565 (McClintock-R) Criminal procedure: pleading
Allows the use of a nolo contendere plea to a misdemeanor charge in a civil action for false arrest.
(Died in Senate Public Safety Committee)
AB 635 (Oller-R) Testimony: closed-circuit television: Placer County
Creates a pilot project in Placer County which would allow testimony by peace officers or defendants via closed-circuit television in infraction or misdemeanor actions under specified circumstances. Sunsets on January 1, 2002.
Chapter 356, Statutes of 1998
AB 737 (Pacheco-R) Expert witnesses
Precludes an expert witness, in a criminal case, from revealing the contents or detail of any statement made by a non-testifying defendant.
(Died in Assembly Public Safety Committee)
AB 1077 (Cardoza-D) Crime victims: criminal procedure
Authorizes, until January 1, 2001, witness testimony via closed-circuit television by a minor when the minor is testifying to being a victim of a violent felony. Is double-joined with AB 1692 (Bowen-D).
Chapter 669, Statutes of 1998
AB 1692 (Bowen-D) Criminal procedure: closed-circuit testimony
Allows minors 13 years of age or younger (rather than ten years of age or younger under current law) who are alleged victims of sexual offenses to testify via closed-circuit television. Is double-joined with AB 1077 (Cardoza-D).
Chapter 670, Statutes of 1998
AB 1754 (Havice-D) Criminal procedure: trial date: continuance of proceeding
Allows the court to continue a murder trial or hearing date for up to ten court days where the prosecutor assigned has another trial or hearing in progress. Requires the court to make reasonable efforts to avoid scheduling a prosecutor's murder trial when he or she has another trial set.
Chapter 61, Statutes of 1998
AB 1858 (Ackerman-R) Criminal proceedings: prosecutors: recusals
Allows the review of an order recusing a district attorney by writ as well as by appeal and to stay the order during the review.
Chapter 51, Statutes of 1998
AB 1952 (Cedillo-D) Elder or dependent adults: abuse: protective orders
Sets forth procedures under which an elder or dependent adult who has suffered abuse may seek protective orders.
(Died in Senate Judiciary Committee)
AB 2083 (Baugh-R) Criminal procedure: bail
Allows a bail agent or surety company to deliver an affidavit to the custodial officer in order to exonerate bail and requires the court to declare in open court any forfeiture of bail.
Chapter 223, Statutes of 1998
AB 2166 (Pacheco-R) Criminal procedure: capital cases
Provides that an indigent defendant charged with capital murder may not confidentially apply for funds to assist in the preparation of the defense until formally notified by the prosecution of its intention to seek the death penalty, allows the prosecution to voice its views in the funding process, and requires public disclosure of all expenditures prior to final judgment.
(Died in Assembly Public Safety Committee)
AB 2402 (Shelley-D) Degree of crimes
Allows the court to fix the degree of an offense, upon the failure of the jury to set the degree, if the defendant is convicted of an offense where the degree is specified as a matter of law.
(Died in Senate Public Safety Committee)
AB 2606 (Miller-R) Criminal procedure
Repeals statutory protections enacted in 1872 and 1959 against reprosecution in California of any person acquitted or convicted in another state, government or country for the same act or omission.
(Died in Assembly Public Safety Committee)
AB 2734 (Pacheco-R) Criminal procedure: territorial jurisdiction
Vests territorial jurisdiction for specified offenses, such as spousal rape and stalking, that occur in more than one territorial jurisdiction in any jurisdiction where at least one offense occurred, if the defendant and the victim are the same for all the offenses.
Chapter 302, Statutes of 1998
Juvenile Justice
SB 56 (Ayala-D) Department of the Youth Authority (CYA)
Increases the penalty from a misdemeanor to a felony (subject to "three strikes") for battery committed by a ward of the State Department of the Youth Authority (CYA) against an individual who is not confined, particularly CYA personnel.
(Died in Senate Appropriations Committee)
SB 128 (Ayala-D) Juvenile offenders
Changes references to those minors who are committed to the State Department of the Youth Authority from "wards" to "inmates."
(Died in Senate Public Safety Committee)
SB 182 (Peace-D) Juvenile justice
Expresses the intent of the Legislature to make changes in juvenile justice procedures.
(Died in Senate Appropriations Committee)
SB 326* (Leslie-R) Minors: protective orders
Requires courts to allow minors over age 12 to appear in court without a guardian and without counsel for the purpose of requesting or opposing a protective or restraining order. Authorizes minors under age 12 to appear in court without counsel, but with a guardian, for the same purpose. (This provision codifies an existing rule of court.)
Chapter 706, Statutes of 1998
SB 422 (Mountjoy-R) Juvenile offenders: criminal jurisdiction
Provides that a minor who is ten years of age or older is capable of committing crimes and provides that the minor may be prosecuted in a criminal court if that minor is presently alleged to have committed an act that is a felony, as defined, and the minor has been found to have committed two previous felonies.
Provides that a minor, who has attained ten years of age but who has not attained 11 years of age, may be committed to the State Department of the Youth Authority if the minor is found to have committed a felony and the minor has been found to have committed two previous felonies.
(Died in Senate Public Safety Committee)
SB 642* (Polanco-D) LEAD Program
Extends the sunset on the California Youth Authority's Leadership, Esteem, Ability and Discipline (LEAD) boot camp program from June 30, 1997 to June 30, 1998 and extends the due date for the final program evaluation to June 30, 1997.
(Died in Assembly Appropriations Committee)
SB 711 (Mountjoy-R) Juvenile offenders: hearings: records
Authorizes a law enforcement agency to disclose specified information regarding juveniles found to have committed certain felonies, with specified exceptions, and revises the authorization for a law enforcement agency to disclose information regarding a minor alleged to have committed a serious felony. Authorizes a law enforcement agency to release the name, description, and alleged offense of a minor for whom an arrest warrant is outstanding for a violent offense, as specified, and repeals provisions authorizing until January 1, 2000, the release of information regarding a minor age 14 or over for whom there is an outstanding warrant for murder.
Adds to the felonies specified felonies requiring enhancement for personal use of a firearm, intentional and personal use of a firearm, or intentional and personal use of a firearm resulting in great bodily injury to a person other than an accomplice. Defines good cause for purposes of keeping confidential the name of a minor found to have committed one of these specified felonies, and requires a written finding by the juvenile court of necessity to protect the minor in order for the court to prohibit disclosure of such information for the benefit of the minor. Requires the juvenile court to daily post a list of juvenile court hearings open to the public.
(Died in Senate Public Safety Committee)
SB 723 (Haynes-R) Secure juvenile facilities
Extends until January 1, 2000, the existing law that provides for confinement of minors who are 16 years of age or older and who are alleged to have committed a violent felony, as defined, in secure juvenile facilities, as specified. Authorizes the county board of supervisors, the county probation officer, or the sheriff to contract with a private entity for the construction and operation of secure juvenile facilities.
(Died in Senate Public Safety Committee)
SB 808* (Costa-D) Juvenile facilities: bonds
Enacts the Local Juvenile Justice Facilities Bond Act of 1998, subject to voter approval.
(Died in Senate Appropriations Committee)
SB 817* (Polanco-D) Juveniles: facilities
States legislative intent to increase placement options by creating a new licensing category, and establishes a statutory framework for Juvenile Services Facilities. Defines Juvenile Service Facility as a private nonprofit or public residential facility that is unsecured and nondetentional, and offers a highly structured program that includes discipline and positive role modeling. Provides for the use of dormitory style sleeping in these facilities. Provides for the placement of minors in Juvenile Service Facilities who are at least 13 and under 18 years of age at the time of admission, and who have met specified criteria as determined by the juvenile court.
(Died in Assembly Human Services Committee)
SB 822 (Lockyer-D) California Youth Violence Prevention Authority
Creates the California Youth Violence Prevention Authority. Gives the authority duties and responsibilities related to the prevention of youth violence, including the production of a statewide plan for the augmentation, allocation, and coordination of youth violence prevention programs and resources, for presentation to the Legislature by January 1, 2000, to be known as the California Youth Violence Prevention and Coordination Plan. The duties and responsibilities of the authority includes administering a violence prevention grant program with available funds, as specified. Provides for an advisory committee, as specified, to assist the authority, and creates the state Violence Prevention Fund in the State Treasury. Specifies that funding for the authority shall be provided in the Budget Act of 1998, as specified.
Vetoed by the Governor
SB 1108* (Lockyer-D) Juvenile crime enforcement
Makes changes to the eligibility criteria for grants under the Juvenile Crime Enforcement and Accountability Challenge Grant Program. Appropriates $50 million to the State Board of Corrections to implement the provisions of the bill.
(Died in Senate Appropriations Committee)
SB 1218 (Schiff-D) Youthful offenders: release from youth authority
Authorizes a felony offender to be released from the State Department of the Youth Authority (CYA) under supervision for a period not to exceed two years after the person reaches the age of 25 years. Requires the Youthful Offender Parole Board to review the cases of persons scheduled to be discharged from the CYA at least 120 days prior to the scheduled date of discharge to determine whether the person may be subject to this added provision or the provisions for extended control as set forth in current law. Provides that the determination of the board to invoke the procedure authorized by this bill could be based on the existing standard or the board's determination that the discharge of the person may be physically dangerous to the public because of the nature of the offense, the circumstances of the crime, and the conduct of the person while he or she was committed to the CYA. Provides that either finding would be required to be supported by a preponderance of the evidence. Authorizes this new standard to be applied to the employment of the extended control provisions of existing law.
(Died in Senate Public Safety Committee)
SB 1230 (Watson-D) Board of Corrections: membership
Adds four new members to the State Board of Corrections to include a juvenile court representative and an administrator of a community-based youth service program.
(Died in Senate Public Safety Committee)
SB 1279 (Schiff-D) Minors
Specifies that a minor who is adjudged a ward of the court because of disobedience or truancy who is found in contempt of court may be punished by being held in a secure facility during nonschool hours if specified conditions are complied with.
Authorizes the court to adjudge a minor a ward of the court under the provisions relating to status offenders if the minor is a member or associated with any criminal street gang, as specified. Authorizes the parent or guardian of a minor to file a petition in juvenile court, after consultation with a probation officer, requesting that a minor be adjudged a ward of the court. Requires the juvenile court to issue citations to parents, guardians, and foster parents of a minor to appear at court hearings concerning the minor.
(Died in Senate Criminal Procedure Committee)
SB 1293 (Schiff-D) Minors: trial as adult
Requires a minor who is 14 years of age or older who personally committed murder or forcible rape to be prosecuted in a court of criminal jurisdiction and deletes those offenses from being subject to a fitness hearing review. Establishes procedures for the prosecution of minors who are 14 years of age or older.
(Died in Senate Public Safety Committee)
SB 1387 (Karnette-D) Juvenile records: use for three strikes priors
Modifies California law regarding the sealing and destruction of juvenile records to accommodate the three strikes law and its authorization for the use of certain juvenile priors for sentencing purposes.
Chapter 374, Statutes of 1998
SB 1422 (Alpert-D) Juvenile camps and ranches: maximum capacity
Allows, under specified conditions, the cap on the maximum number of children who can be placed in a local juvenile ranch or camp facility or forestry camp to exceed 125 individuals.
Chapter 375, Statutes of 1998
SB 1455 (Rainey-R) Juveniles
Makes changes in the law concerning juvenile justice, the death penalty and gang crimes, including, most notably: (1) mandating that minors be tried in adult criminal court for certain offenses; (2) giving prosecutors the discretion to try certain offenses committed by minors in adult criminal court; (3) numerous additional changes to juvenile court and detention laws; (4) expansion of the criminal street gang statute; (5) creation of gang registration; (6) expansion of the death penalty; (7) expansion of vandalism statute; (8) expansion of serious and violent crimes list; and (9) expansion of wiretapping laws.
(Died in Senate Public Safety Committee)
SB 1657* (Peace-D) Juvenile female offenders
Creates the Juvenile Female Offender Intervention Program to be administered by the State Board of Corrections that awards grants on a competitive basis to eligible counties for the purpose of developing intervention programs designed to reduce crime committed by juvenile female offenders, as specified. Directs the board to prepare and submit to the Legislature a specified interim report on the program on or before March 1, 2001, and a final report on or before March 1, 2003.
Vetoed by the Governor
SB 1698 (Schiff-D) Trials: minors: adult court
Authorizes prosecutors to file charges against minors directly in adult criminal court if, prior to the alleged commission of a specified serious or violent offense, the minor has been both a ward under the supervision of a county probation department and a ward of the State Department of the Youth Authority.
(Died in Senate Public Safety Committee)
SB 1700* (Hayden-D) Juvenile detention facilities
Makes state and local juvenile detention facilities eligible for the California Gang Crime and Violence Prevention Partnership Program services. Appropriates $480,000 to the State Department of the Youth Authority for four laser tattoo removal devices and for the administration of the tattoo removal program.
Chapter 842, Statutes of 1998
SB 1701 (Schiff-D) Juveniles: employment training program
Expands vocational educational opportunities for teens in CalWORKs, in independent study or in continuation school, or in the State Department of the Youth Authority.
Vetoed by the Governor
SB 1772 (Calderon-D) Children: sexual abuse
Provides that any child under the jurisdiction of the juvenile court that has been the victim of childhood sexual abuse must receive counseling to address sexual abuse issues. Provides that whenever the juvenile court discovers that a child under its jurisdiction has engaged in abusive sexual conduct, the court must segregate the child, order an evaluation to determine if the child poses a threat to the safety of others, and determine the appropriate therapy program.
(Died in Senate Public Safety Committee)
SB 1778 (Haynes-R) Custody and visitation: attorneys' fees
Requires the court, before it orders a nonparent to pay attorney's fees of court-appointed counsel for a child or another party in custody and visitation proceedings, to consider specified factors. Requires the court, before awarding attorney's fees to court-appointed counsel for a child, to consider whether the counsel has effectively identified and acted upon the potential dangers to the child or whether the appointed counsel has otherwise inadequately represented the best interest of the child.
(Died in Senate Rules Committee)
SB 1889 (Hurtt-R) Trying minors in adult court
Increases the number of offenses for which minors who are 14 and 15 years old are presumed unfit for juvenile court, and adds one additional offense to the list of crimes for which a minor 14 or 15 years old may be found unfit for juvenile court.
(Died in Senate Public Safety Committee)
SB 1901 (McPherson-R) Dependent children: kinship guardians
Requires the court to terminate its dependency jurisdiction over any child for whom a legal guardianship with a relative has been established. Establishes the Kinship Guardianship Assistance Payment Program to provide financial assistance for children who, after being adjudged dependent children of the juvenile court, are placed in legal guardianship with a relative.
Chapter 1055, Statutes of 1998
SB 2017 (Schiff-D) Juvenile court orders in delinquency cases
Authorizes the juvenile court in delinquency cases to issue restraining orders, to make custody and visitation orders and paternity findings.
Chapter 390, Statutes of 1998
SB 2055 (Costa-D) Youth Authority commitment
Caps the fee currently paid by counties to the State Department of the Youth Authority (CYA) for committing a youth to the CYA. Specifically, this bill:
- Provides that the CYA must present to each county, not more frequently than monthly, a statement of per capita institutional cost.
- Defines "per capita institutional cost" to mean the lesser of the current per capita institutional cost of the department, or the per capita institutional cost charged counties as of January 1, 1997.
Chapter 632, Statutes of 1998
SB 2074 (Schiff-D) Juvenile law
Revises existing juvenile court law to include the expansion of some victim-related punishment and a requirement that probation officers inform victims of their rights.
Chapter 761, Statutes of 1998
SB 2081 (Schiff-D) Detention of minors: notification to parents of injury
Ensures that parents of detained children are notified if their child is seriously injured or is the victim of a serious offense while detained, as specified. Expands existing law to authorize medical or dental care for a minor under the jurisdiction of the State Department of Corrections.
Chapter 496, Statutes of 1998
SB 2147 (Brulte-R) Juveniles: detention
Changes the law concerning the regulation of juvenile detention facilities relating to minors in adult facilities, the suitability determinations for juvenile facilities, and the creation of a "homelike environment" in juvenile facilities. Makes several nonsubstantive technical changes.
Chapter 694, Statutes of 1998
SB 2157 (Calderon-D) Juvenile criminal procedures
Makes numerous changes to juvenile procedure relative to specified felonies and being presumed unfit to be dealt with under the juvenile law.
(Died in Senate Public Safety Committee)
SB 2187 (Schiff-D) Youthful offenders
Recasts and clarifies current law regarding the civil commitment of the State Department of the Youth Authority (CYA) wards beyond the age of 25. Repeals a redundant hearing procedure to determine whether to proceed with a commitment hearing to determine if a minor shall continue to be held by the CYA because the person is a danger to society as the result of a mental or physical abnormality.
Chapter 267, Statutes of 1998
AB 26 (Runner-R) Criminal street gangs
Expands the crimes for which an electronic interception may be sought to include any violent felony committed in violation of the criminal street gang provisions, extortion and witness intimidation.
(Died in Senate Public Safety Committee)
AB 33 (Pacheco-R) Juvenile gangs
Increases the penalties for gang-related crimes, adds to the list of "serious" and "violent" felonies, and reduces confidentiality rights of minors in the juvenile justice system.
(Died in Assembly Public Safety Committee)
AB 70* (Woods-R) Juveniles: county costs
Mitigates the financial impact of fees established in 1996 that are charged to counties to defray the state's cost for commitments to the Department of the Youth Authority.
(Died in Senate Appropriations Committee)
AB 432 (Baldwin-R) Juveniles: county costs
Increases the penalties for minors found to possess marijuana at school.
(Failed passage in Assembly Public Safety Committee)
AB 457 (Poochigian-R) Juvenile justice
Makes several changes to juvenile court law, generally as follows: (1) expands the mandatory detention law to minors arrested for specified serious or violent arrests; (2) limits eligibility for informal probation; (3) creates a "deferred entry of judgment" system for certain minors; (4) expands the category of minors for whom unfitness for juvenile court would be presumed; and (5) adds an additional category for which minors would be subject to an arrest warrant.
(Died in Senate Public Safety Committee)
AB 486 (Margett-R) Juveniles: responsibility
Creates the Juvenile Responsibility and Opportunity Act of 1997, operative as specified. Establishes a pilot project, to be available in any county upon the adoption of a specified resolution by the board of supervisors and the county board of education, that permits the county probation department to seek outside funding and in-kind contributions, in addition to public sector funding, for the support of the juvenile homes, ranches, and camps.
Requires each participating county superintendent of schools to provide an education program that includes specified educational and vocational elements and a transition plan for pupils enrolled in the programs operated by the county superintendent of schools who are to be released from county juvenile camps or ranches, as specified. Requires the county office of education to contract with an independent evaluator to determine the success of the program, as specified; and to report their findings to the Legislature. Requires the Superintendent of Public Instruction (SPI) to allocate to the county superintendent of schools participating in the program, $1,500 for each unit of average daily attendance reported, for pupils enrolled in the educational programs operated by the county superintendent of schools at the county juvenile ranches or camps.
Appropriates $2,250,000 from the General Fund to the SPI for the purpose of making those allocations for the 1997-98 fiscal year.
(Died in Senate Appropriations Committee)
AB 555 (Battin-R) Juvenile offenders
Substantially changes the law governing the transfer of minors to adult criminal court, including allowing prosecutors to directly file charges in adult court against 16-year-old minors in numerous circumstances, and against 14-year-old minors in specified circumstances; lowers the age of presumptive unfitness for juvenile court to 14 years of age for all judicial transfer hearings; and specifies to which facilities minors falling within all these provisions may be sentenced or committed.
(Failed passage in Assembly Public Safety Committee)
AB 741* (Washington-D) At-risk youth
Provides a 33.3% tax credit between 1997 and 2002 for wages paid, up to $5,000, during the first year of employment to a qualified at-risk youth who has spent at least the past three months at a county juvenile home or State Department of the Youth Authority facility. Provides that a county board of supervisors could charge a fee of up to $300 for services provided by a probation officer relative to the employee. Provides that the taxpayer could take a credit for the amount of the fee paid.
(Died in Senate Appropriations Committee)
AB 987 (Pacheco-R) Criminal prosecution of minors
Allows prosecutors to direct file in criminal court when a minor over the age of 16 is alleged to have committed murder one, specified sex offenses included in the "one-strike" sex offense sentencing scheme, or aggravated kidnapping. Requires a preliminary hearing and remand to juvenile court of any case directly filed in criminal court if the basis for the direct filing is not established.
(Failed passage in Assembly Appropriations Committee)
AB 1073 (Cardoza-D) Counties: juvenile facilities
Declares the intent of the Legislature to appropriate up to $2 million in matching funds to Stanislaus and Merced Counties to assist in the construction of a joint juvenile facility.
(Died in Assembly Public Safety Committee)
AB 1091 (Assembly Judiciary Committee) Dependent children
Makes various technical, conforming and update changes to the law relating to the handling of dependency matters.
Chapter 1054, Statutes of 1998
AB 1117 (Bustamante-D) Juvenile court: wards
Provides that upon a minor being adjudicated a ward of the juvenile court for a third felony offense, the minor must be held in physical confinement and the record of that third felony offense shall not be sealed.
(Died in Senate Public Safety Committee)
AB 1118 (Bustamante-D) Juvenile boot camps: board
Establishes a juvenile boot camp program and puts a $200 million bond on the ballot for local facilities used for juvenile boot camp programs.
(Died in Senate Public Safety Committee)
AB 1151 (Goldsmith-R) Minors: infractions
Creates a daytime curfew infraction during regular school hours for youth who are required to attend school.
(Died in Assembly Appropriations Committee)
AB 1212* (Wright-D) Local public and private juvenile facilities: bond
Provides for the reduction of violent gang-related crime through a combination of prevention and detention, and prevents the early release of violent juvenile offenders because of overcrowding and shortages of detention facilities. Provides that a $495 million "Juvenile and Gang Violence Prevention and Protection Bond Act of 1998" be submitted to the voters, and placed on the November 3, 1998 statewide general ballot. Provides that if this bill is not enacted in time to appear on the November 3, 1998 general election, then it is to be placed on the ballot of the next statewide election.
(Died at Senate Desk)
AB 1285 (Frusetta-R) Juvenile courts
Requires that any hearing to determine whether a minor is unfit for all juvenile proceedings authorized to be heard by a subordinate judicial hearing officer bear the name of the judge under whose authority they are acting.
(Died in Senate Public Safety Committee)
AB 1455 (Bordonaro-R) Juveniles
Makes it a misdemeanor for a minor to take an unauthorized leave from a placement in a residential facility.
(Died in Assembly Public Safety Committee)
AB 1735 (Pacheco-R) Juveniles and gangs
Enacts the Gang Violence and Juvenile Crime Prevention Act of 1998, revising various aspects of the Street Terrorism Enforcement and Prevention Act and setting forth the findings and declaration of the Legislature in this regard.
(Died in Assembly Public Safety Committee)
AB 1757 (Bowler-R) County community schools and juvenile court
Eliminates funding restrictions for county office of education programs in contracting for probation officers.
Chapter 125, Statutes of 1998
AB 1988 (Kuehl-D) Foster parents
Provides foster parents greater rights of access to information and participation in juvenile court proceedings concerning a foster child.
Vetoed by the Governor
AB 2127 (Frusetta-R) Youthful offenders: firearms
Creates a rebuttable presumption that a juvenile court ward will benefit from the reformatory education discipline and treatment provided by the State Department of the Youth Authority, and that less restrictive placements are not likely to benefit a ward who personally uses a gun in the commission or attempted commission of murder, robbery, kidnapping, carjacking, residential burglary, or other specified serious offenses.
(Died in Assembly Appropriations Committee)
AB 2261* (Aguiar-R) Juvenile Justice Challenge Grants: revisions
Revises the Juvenile Justice Challenge Grant Program to provide that the grants are to be awarded on a competitive basis following request-for-proposal evaluation standards and guidelines developed by the State Board of Corrections.
Chapter 325, Statutes of 1998
AB 2310 (Wright-D) Juveniles: placement determination: adoption
Expands permanent plan dispositional alternatives for dependent children and sets forth an order of preference for those dispositions.
Chapter 572, Statutes of 1998
AB 2338 (Sweeney-D) Truancy: enforcement
Makes habitual truancy punishable as an infraction and authorizes police officers to issue citations to habitual truants and refer them to Information Juvenile and Traffic Courts.
(Died in Assembly Education Committee)
AB 2495 (Prenter-R) Runaway Youth and Families in Crisis Project
Creates the "Runaway Youth and Families in Crisis Project" by establishing pilot projects which provide unspecified funds to private, nonprofit organizations to provide temporary shelter, family crisis resolution, and transitional living services for runaway youth and their families, as specified.
Chapter 1065, Statutes of 1998
AB 2546 (Bordonaro-R) Juvenile offenders: notice to law enforcement
Allows law enforcement to release juvenile dispositional information relating to violent felonies to local public agency personnel directly responsible for the prevention or control of juvenile crime upon the request of the local public agency.
(Died in Assembly Public Safety Committee)
AB 2572 (Firestone-R) Youth Authority: ward labor
Expands the State Department of the Youth Authority's use of ward labor for capital outlay projects under $250,000, as specified.
Chapter 871, Statutes of 1998
AB 2594 (Wright-D) Repeat Offender Prevention Project
A Budget trailer bill to codify changing the administering entity of the Repeat Offender Prevention Project from the California Department of the Youth Authority to the State Board of Corrections. Names in statute the participating counties and adds the City and County of San Francisco. Makes other changes related to the administration and evaluation of the grants.
Provides that the conference-approved Budget Act of 1998 appropriates $4 million from the General Fund to continue the 8 programs and supports the establishment of a program in an additional county.
Chapter 327, Statutes of 1998
AB 2793 (Migden-D) Adult and juvenile offenders
Provides that funds awarded to the state pursuant to the federal Violent Offender/Truth-in Sentencing Grant Program through federal fiscal year 1999-2000, shall be allocated by the State Board of Corrections to counties for construction and modification of local detention facilities.
Chapter 339, Statutes of 1998
AB 2796* (Wright-D) Juvenile corrections and youth center facilities
Provides $100 million from the General Fund for the renovation, reconstruction, construction, completion of construction and replacement of county juvenile facilities.
Requires the funds to be administered by the State Board of Corrections, which would fund county proposals by competitive grants.
Chapter 499, Statutes of 1998
ACR 185 (Washington-D) Arizona Boys Ranch
Requests the State Department of Social Services to work with counties to support other placement activities of wards from the Arizona Boys Ranch.
Resolution Chapter 176, Statutes of 1998
Victims' Rights
SB 1013* (Calderon-D) Pornography tax
This bill adds a 5% "adult entertainment tax," effective January 1, 1998, to the sale of adult entertainment products or services. Provides that the revenue derived from the tax will be allocated to the Office of Criminal Justice Planning and the State Department of Health Services for counseling and support services for victims of sexual and other violent crimes; and district attorneys and local law enforcement agencies for investigation and prosecution of violent sexual crimes, production and distribution of obscene material, and enforcement of restrictions on pornography and sexually-oriented businesses.
(Died in Senate Revenue and Taxation Committee)
SB 1076 (Hayden-D) Employment: crime victims: leave
Requires employers with at least 30 employees to allow up to 120 days of unpaid leave per year for (1) a victim of a violent crime, (2) an employee whose family was a victim, and (3) an employee who has a close relationship with a person who experienced a violent crime in the presence of the employee.
(Died in Senate Appropriations Committee)
SB 1311* (Lockyer-D) Restitution Fund: loan
Requires the Director of Finance to repay the 1997-98 loan of $26 million from the Restitution Fund to the General Fund by April 1, 1998, instead of June 30, 1999.
Chapter 5, Statutes of 1998
SB 1608 (Ayala-D) Criminal restitution orders
Provides that victim restitution is enforceable as a civil judgment and is effective immediately upon issuance thereby removing any delay during a period of probation or parole.
Chapter 201, Statutes of 1998
SB 1768 (Kopp-I) Victims of Crime Program: restitution
Requires defendants, beginning January 1, 2000, to submit additional information about assets they own or control when a victim seeks, or attempts to enforce, a restitution order to pay for economic damage caused by a defendant. Requires the Judicial Council to prepare standardized interrogatories for victims to use to obtain updated information when the victim has not received complete payment for a restitution order.
Double-joined with SB 1608 (Ayala-D).
Chapter 587, Statutes of 1998
SB 2021* (Schiff-D) Victims of Crime Program: victim restitution
Creates a four-year pilot project to allow the State Board of Control to collaborate with one retired judge in each of three counties to amend restitution orders where the victim(s) has received payments under the Victims of Crime Program. Makes the restitution provisions pertaining to minors consistent with the provisions pertaining to adults, and makes related changes.
Chapter 451, Statutes of 1998
SB 2031* (Lockyer-D) Crimes against children and the elderly
Appropriates $10 million to the State Department of Justice to establish two $5 million grant programs; one grant to support the prosecution of crimes against children, and 1 grant to support the prosecution of crimes against the elderly.
Vetoed by the Governor
SB 2074 (Schiff-D) Juvenile law
Revises existing juvenile court law to include the expansion of some victim-related punishment and a requirement that probation officers inform victims of their rights.
Chapter 761, Statutes of 1998
SB 2202 (Haynes-R) Victims of crime: emergency awards: funeral and burial
Clarifies the authority of the State Board of Control to make emergency payments for the funeral expenses of a crime victim, and increases the cap on the emergency payment from $2,000 to $5,000.
Chapter 557, Statutes of 1998
SJR 22 (Costa-D) Crime victims
Memorializes the President and Congress of the United States to enact U.S. Senate Joint Resolution No. 6 of the 105th Congress, which proposes an amendment to the U.S. Constitution to protect the rights of crime victims.
(Died in Senate Public Safety Committee)
AB 535* (Brown-D) Victims of crime program
Makes numerous changes to the Victims of Crime Program and expands the number of persons eligible for reimbursement under the program. Sunsets on January 1, 2003. Double-joined with AB 545 (Escutia) and AB 1803 (Lempert).
Chapter 697, Statutes of 1998
AB 645 (Escutia-D) Victims of Crime Program
Makes a number of specified changes to the Victims of Crime Program, including allowing specified victims of statutory rape (where a person over the age of 21 engages in unlawful sexual activity with a person under 16 years of age) and victims of vehicular manslaughter to qualify for assistance under the program. Sunsets on January 1, 2003. Double-joined with AB 535 (Brown-D) and AB 1803 (Lempert-D).
Chapter 895, Statutes of 1998
AB 1077 (Cardoza-D) Crime victims: criminal procedure
Authorizes, until January 1, 2001, witness testimony via closed-circuit television by a minor when the minor is testifying to being a victim of a violent felony. Double-joined with AB 1692 (Bowen-D).
Chapter 669, Statutes of 1998
AB 1115 (Knox-D) Sexual assault: victim's support
Makes technical and clarifying changes to current statutes concerning the rights of victims of sexual assault, and provides for the exclusion of support persons during certain investigation-related activities if their presence is determined to be detrimental, as specified.
Chapter 456, Statutes of 1998
AB 1323 (Martinez-D) Victims: photography: civil liability
Subjects a person to civil liability for publishing, disseminating, or otherwise publicizing, an image of a victim of crime without consent.
(Died in Assembly Judiciary Committee)
AB 1500 (Thomson-D) Publication of videos or photographs
Makes it unlawful, subject to civil liability for compensatory and exemplary damages, for any person to cause to publish, broadcast, or otherwise disseminate, a photograph, video or film image, of an actual murder, rape, mutilation, torture, or the immediate aftermath of such a crime, resulting in actual damages to a victim of the crime, or the survivors of a deceased victim.
(Died in Assembly Judiciary Committee)
AB 1797 (Davis-D) Force against witnesses
Specifies that the prohibition against intimidation of witnesses extends to the actual use of force against witnesses.
Chapter 245, Statutes of 1998
AB 1803 (Lempert-D) Victims of Crime Program: restitution
Adds child victims of the crime of deprivation of lawful custody to the category of victims of crime who may receive benefits under the Victims of Crime Program, as specified. Adds that a child who has been the witness of a crime or crimes of domestic violence may be presumed to have sustained physical injury (and is therefore eligible for restitution for emotional injury). Sunsets on January 1, 2003.
Chapter 700, Statutes of 1998
AB 2319 (Knox-D) Victims of Crime Program
Authorizes the State Board of Control to grant additional extensions of time for victims and derivative victims of crime to file applications for assistance under the victims of crime program and to make related changes, as specified.
Chapter 447, Statutes of 1998
AB 2753 (Miller-R) Fines and forfeitures: victim restitution
Requires the reimbursement of reasonable administrative costs from money collected through bail forfeitures only after the forfeited bail money is first distributed in the amount necessary to satisfy any civil court judgment or restitution order in favor of any victim of the defendant's crimes, but prior to distribution to the state, county, and cities.
(Died in Senate Judiciary Committee)
ACR 96 (Havice-D) Crime Victims' Rights Week
Recognizes the week of April 19 through April 25 as the annual observance of Victims' of Crime in California and nationally.
(Died in Assembly Rules Committee)
AJR 14 (Havice-D) Victims' Rights Amendment to the U.S. Constitution
Memorializes the Congress and President of the United States to support U.S. Senate Joint Resolution 6 which proposes a victims' rights amendment to the U.S. Constitution.
(Failed passage In Senate Public Safety Committee)
Prisons and Prisoners
SB 149 (Rainey-R) Corrections
Exempts barbers and cosmetologists, providing services to incarcerated persons, from licensure under the Barbering and Cosmetology Act. Provides guidelines and requirements that must be met by these individuals providing barbering services in California penal institutions.
Chapter 410, Statutes of 1998
SB 295* (Rainey-R) Corrections
Implements the budgetary trailer bill to allow for the consolidation of the Internal Affairs Unit of the State Department of Corrections and the State Department of the Youth Authority (DYA), under the Inspector General of the Youth and Adult Correctional Agency (Agency), as intended in the budget bill. Provides that the budget not only places the responsibility to conduct all internal affairs investigations of its constitutent entities upon the Agency, but also transfers all investigator staff and funding from the DYA to the Agency (i.e., 81 positions and $6.3 million).
Chapter 338, Statutes of 1998
SB 356* (Rainey-R) Literacy
Creates the State Literacy Resource Center (Center), until July 1, 2001, to address the problem of illiteracy. Establishes the State Literacy Resource Center Program Fund and makes an appropriation. Requires the State Library to provide assistance to the Center and administer a grant program. Creates a seven to eight member State Collaborative Literacy Council to administer the Center. Creates the Literacy for Public Safety Program to improve the English language literacy of persons sentenced to local correctional facilities.
(Died in Senate Appropriations Committee)
SB 441 (Haynes-R) Parolees: postconviction bonds
Authorizes the court to require the posting of a bail bond or the cash equivalent after conviction as a condition of probation to secure performance of the terms and conditions of probation.
(Failed passage in Assembly Public Safety Committee)
SB 491* (Brulte-R) State Department of Corrections: state public use
Provides authorization for the State Department of Corrections (DOC) to (1) construct 1,000 prison cells in administrative segregation units at ten prisons, (2) contract for 2,000 additional beds in community correctional facilities, and (3) operate a pilot program to assist drug-addicted female parolees. Authorizes the Director of the State Department of General Services (DGS), with the consent of DOC, to exchange, sell, or lease up to 290 acres of state property to the City of Chino for the development and maintenance of a public park, public recreational uses, and open-space uses, including the development of a golf course. Requires that any lease executed pursuant to these provisions be for a term not to exceed 55 years and meet specified conditions. Requires that DGS, with DOC, not later than August 1, 1999, complete the initial phase of the Master Land Use Plan (MLUP) authorized in the Budget Act of 1998, and consult with the City of Chino on all aspects of the completion of the MLUP as it relates to the development of the California Institution for Men property for specified uses.
Chapter 500, Statutes of 1998
SB 562 (Alpert-D) Subdivision Map Act: housing: security
Requires the probation office to screen every felon for eligibility to be sent to the California Rehabilitation center under the civil addict commitment program, and potentially reduces such inmates' sentences by up to one-third.
(Died in Assembly Public Safety Committee)
SB 640 (Polanco-D) Correctional facilities: privatization
Creates the nine-member California Correctional Privatization Commission to enter into and supervise contracts for the procurement of land and the design, financing, acquisition, leasing, construction and operation of private correctional facilities.
(Failed passage in Senate Appropriations Committee)
SB 813 (Costa-D) State employees: Department of Corrections
Limits the number of permanent intermittent correctional officers appointed by the State Department of Corrections to each institution to 10% of the number of regular correctional officers, beginning January 1, 2001, and makes other changes.
(Died in Senate Appropriations Committee)
SB 818 (Polanco-D) Prisons: female inmates
Enacts the Nonviolent, Nonserious Women Offenders Alternative Sentencing Program Act. Prohibits the State Department of Corrections (DOC) from entering into a contract unless the cost per inmate is 10% less than in a state institution. Requires DOC to develop a placement plan for female prisoners. Requires, by the end of the year 2000, placements of all eligible women in the program who qualify. Requires the conversion of one institution from one for women to one for men.
(Died on Assembly Third Reading)
SB 1116 (Mountjoy-R) Community correctional centers
Authorizes the State Department of Corrections (CDC) to contract for the establishment and operation of community correctional re-entry centers. Requires the CDC to contract with private providers, for the establishment and operation of at least six secure community treatment facilities.
(Died in Assembly Public Safety Committee)
SB 1214 (McPherson-R) Inmate health care
Authorizes, until January 1, 2004, the director of the State Department of Corrections (DOC), to establish two four-year pilot programs under which DOC may contract with entities for comprehensive health service delivery systems, or health care organizations, to provide health care services at selected state prisons. Requires that each pilot program be conducted in no more than two service delivery areas, as defined by DOC's medical and mental health service delivery plan.
(Died in Senate Public Safety Committee)
SB 1230 (Watson-D) Board of Corrections: membership
Increases the number of people on the State Board of Corrections to include more juvenile justice professionals.
(Died in Senate Public Safety Committee)
SB 1264 (Calderon-D) Correctional facilities
Authorizes the State Department of Corrections (DOC) to construct and establish a 2,124-cell combination medium and maximum security prison in the vicinity of California City in Kern County to be known as California State Prison-California City and a 2,500-cell combination reception center and medium security prison on the grounds of the Richard J. Donovan Corrections Facility at Rock Mountain in San Diego County to be known as California State Prison-San Diego County II.
Continuously appropriates funds derived from lease-purchase financing methods for those prisons. Makes $249,800,000 available for capital outlay for the California State Prison-Kern County at California City, and $261,400,000 available for capital outlay for the California State Prison-San Diego County II.
Authorizes DOC to contract on a design-and-build basis for the construction of projects in the master plan when DOC determines that it is in the best interest of the state.
(Died in Senate Public Safety Committee)
SB 1298 (Vasconcellos-D) Prisons
Provides that the primary purpose of the California Institution for Men be changed, in statute, from "imprisonment" to "provide confinement, industrial and other training, treatment, and care" to male offenders.
(Died in Assembly Public Safety Committee)
SB 1401 (Leslie-R) Children's Privacy Protection and Parental Empowerment Act
Creates the Children's Privacy Protection and Parental Empowerment Act of 1998 violation of which is a misdemeanor. Prohibits any incarcerated person from processing any personal information regarding children. Prohibits any person from knowingly disclosing or soliciting personal information with the intent of abusing or causing harm to children. Requires list brokers, upon written request from parents or guardians, to provide procedures that must be followed regarding the use of personal information relating to their child. Provides that any list broker that fails to discontinue disclosing personal information about a child, within 20 days after being requested to do so, is guilty of a misdemeanor and subject to civil penalties.
(Died in Assembly Appropriations Committee)
SB 1420 (Rainey-R) Continuous electronic monitoring
Authorizes Contra Costa County to participate in an existing pilot project that uses continuous electronic monitoring to track probationers and persons released from jail.
Chapter 74, Statutes of 1998
SB 1450 (Polanco-D) Prison administration
Requires the Director of the State Department of Corrections (DOC) to notify the Joint Committee on Prison Construction and Operations (Joint Committee) regarding regulations DOC proposes to adopt, citing "operational necessity" 31 days prior to filing with the Office of Administrative Law (OAL). Requires the Joint Committee to hold a public hearing on the proposed regulations within 30 days of DOC notification. Allows DOC to file the regulation with OAL 31 days after the date of notice to the Joint Committee, regardless of whether a public hearing is held by the Joint Committee.
(Failed passage on the Assembly Floor)
SB 1451 (Kopp-I) Criminal offender information
Requires the State Department of Corrections, the State Department of the Youth Authority, and local probation departments, to identify and report all persons with two serious and/or violent felony convictions to the State Department of Justice (DOJ) for entry into the Violent Crime Information Network, prior to the offenders' release from custody. Requires DOJ to provide this information to any law enforcement officer, or entity in California, upon request. Specifies that DOJ is to determine the validity of the request.
(Died in Assembly Appropriations Committee)
SB 1485 (Rosenthal-D) Mentally ill offender crime reduction grants
Provides counties with the opportunity to compete for grants aimed at reducing early releases, costs, and crime associated with mentally ill offenders. Allows the State Board of Corrections to award grants to motivated counties that develop a continuum or responses, as specified. Requires counties to provide at least 25% of the funds.
Chapter 501, Statutes of 1998
SB 1497 (Polanco-D) Prison inmates: rehabilitation
Requires the State Department of Corrections to expand existing programs to develop an inmate reintegration curriculum that includes prerelease training and counseling programs to better prepare more inmates for reintegration into the community upon parole. Specifies that programs should include, but not be limited to, drug and alcohol abuse treatment, cognitive skills development, education, life skills, victim impact awareness, and anger management.
(Died in Assembly Appropriations Committee)
SB 1549 (Knight-R) Work release: weed and rubbish abatement
Adds weed and rubbish abatement on public and private property, as approved by the sheriff or other official, to the list of authorized activities for county correctional facility work release programs.
Chapter 73, Statutes of 1998
SB 1582 (Brulte-R) Merced County: prison facilities
Enables Merced County to count the 25% match to receive federal funds for juvenile justice facility grants pursuant to Chapter 339, Statutes of 1998 (AB 2793, Migden), toward a loan granted to the county in 1994-95 to cover the costs of services provided to the county by the State Department of Forestry and Fire Protection. Provides that, upon payment of the 25% match, the remaining balance of the loan is restructured to be repaid over a ten-year period, with no interest and all previously accrued interest is forgiven.
Double-joined with AB 1292 (Migden-D), which became Chapter 803, Statutes of 1998.
Chapter 1045, Statutes of 1998
SB 1603 (Senate Budget And Fiscal Review Committee) Parole system: pilot projects
Provides the terms and assessment standards necessary to implement a new parole model pilot project in up to two locations within Parole Regions III and IV.
Vetoed by the Governor
SB 1605 (Senate Budget And Fiscal Review Committee) Department of Corrections
Provides the terms and provisions of a female parolee pilot project and modifies the State Department of Corrections' notification responsibilities relative to inmates who are citizens of other nations.
Vetoed by the Governor
SB 1687 (Rainey-R) Department of Corrections: inmate health
Revises the existing law which generally allows state prison inmates to be charged a $5 copayment for medical visits.
(Died in Senate Public Safety Committee)
SB 1699 (Schiff-D) Probation: pilot study
Establishes a three-year pilot project in two counties, to be administered by the State Board of Corrections (BOC), to determine the effectiveness of probation when intensive services are provided. Requires BOC to report to the Legislature. Sunsets on January 1, 2002.
(Died in Senate Appropriations Committee)
SB 1728 (Thompson-D) Prisoners: testimony
Allows a court to order an incarcerated witness to testify in certain legal proceedings via two-way electronic audio-visual communication.
Chapter 122, Statutes of 1998
SB 1731 (Hayden-D) Criminal violence: Peace Process Coordinator
Establishes, until January 1, 2000, the Commission on Prison Peace (Commission), and limits expenditure for the Commission to $125,000 annually. Establishes, until January 1, 2003, the Office of Peace Process Coordinator to facilitate gang peace treaties and limits expenditure for the position to $100,000 annually.
(Failed passage in Assembly Appropriations Committee)
SB 1747 (Watson-D) Corrections
Requires the court to order a defendant who is sentenced to imprisonment in the state prison to be placed in the custody of the sheriff or correctional administrator, if that defendant has a balance of one year or less on his or her term of imprisonment after the maximum potential state prison worktime credit and local custody and conduct credits are deducted, unless the defendant is convicted of specified violent or serious felonies. Requires the State Department of Corrections to place an inmate with six months or less of his or her sentence remaining to be served on a first-time felony conviction in the custody of the sheriff or correctional administrator, unless the inmate is convicted of specified violent or serious felonies. Specifies that these defendants and inmates are subject to parole upon release, and shall have served a prior state prison term for purposes of the Penal Code.
(Died in Senate Public Safety Committee)
SB 1827 (Monteith-R) Prisoners: medical testing
Extends the sunset date for provisions relating to confidential medical testing of prisoners for acquired immune deficiency syndrome or human immunodeficiency virus. Authorizes the chief medical officer to test for hepatitis and/or tuberculosis on a voluntary or involuntary basis.
Chapter 843, Statutes of 1998
SB 1891 (Hurtt-R) Unemployment insurance: penal institutions
Exempts Joint Venture Program employers in penal institutions from paying Unemployment Insurance tax on participating inmate employees who are ineligible to receive benefits.
(Died in Senate Industrial Relations Committee)
SB 1913 (Ayala-D) Inspector General: Youth and Adult Correctional Agency
Establishes the Office of the Inspector General, currently housed in the Youth and Adult Correctional Authority, as an independent nonpartisan office.
Chapter 919, Statutes of 1998
SB 1978 (Ayala-D) California Public Safety Commission
Creates the five-member California Public Safety Commission to focus on correctional management practices and operations of all state public safety departments, boards, authorities, and to oversee the quality of oversight provided by the correctional agency. Sunsets January 1, 2010.
(Died in Senate Appropriations Committee)
SB 2016 (Polanco-D) Prisons: searches
Requires that every person who comes onto the grounds of a state prison or community correctional facility is subject to random searches for weapons or contraband.
(Died in Assembly Public Safety Committee)
SB 2025 (Polanco-D) Prison construction finance
Requires the State Department of Corrections to first utilize any existing private or public prison bed space before financing any lease revenue or general obligation bonds for prison construction.
(Died in Senate Public Safety Committee)
SB 2059 (Vasconcellos-D) Prisoners: law library
Requires prisons to maintain an adequate law library, including federal and state case law reports. Specifies that the right to the materials in the law library are to encompass the preparation of initial pleadings in any action, and extended throughout the course of the action.
(Failed passage on Senate Floor)
SB 2108* (Vasconcellos-D) Pre-Release Program Correctional Facilities
Amends and supplements the 1998 Budget Act to appropriate $174.609 million from the General Fund to the State Department of Corrections and the State Board of Corrections for expanding training, treatment and assistance programs for inmates and parolees, constructing space for more inmates to the state prison system, and funding state grants to local governments to address the problems of mentally ill offenders and juvenile crime.
Chapter 502, Statutes of 1998
SB 2220 (Schiff-D) Probation
Establishes a three-year, three-county probation classification and case management pilot project, to be administered by the State Board of Corrections. Appropriates $3 million from the General Fund for purposes of the pilot project. Limits to $300,000 the amount that may be used for administration of the program.
(Died in Senate Appropriations Committee)
SCR 67 (Polanco-D) Joint Committee on Prison Construction and Operations
Reestablishes, until November 30, 2000, the Joint Legislative Committee on Prison Construction and Operations, to assume primary responsibility for providing legislative scrutiny over prison construction and operations and overseeing the bidding process for, and the implementation of, all community correctional facility contracts.
Resolution Chapter 101, Statutes of 1998
AB 164 (Knox-D) Incitement to riot: correctional facilties
Increases the penalty from a misdemeanor to a wobbler, punishable by up to one year in county jail or in state prison, for inciting a riot in a state prison or a county jail that results in serious bodily injury.
Chapter 558, Statutes of 1998
AB 271 (Villaraigosa-D) Correctional peace officers standards and training
Increases standards and training for state correctional peace officers, and provides psychological screening for prospective candidates. Requires that state internal affairs investigators complete training and adhere to specified standards.
Chapter 762, Statutes of 1998
AB 403 (Ducheny-D) Literacy for Public Safety Program
Creates the Literacy for Public Safety Program for the purpose of voluntarily increasing the English language literacy of persons convicted of a crime and sentenced to a local correctional facility or an alternative program, as specified, and persons released on parole or probation.
(Died in Assembly Appropriations Committee)
AB 423 (Thomson-D) Substance abuse: female offenders
Requires the State Department of Alcohol and Drug Programs to designate three counties to participate in a pilot project to establish a comprehensive drug treatment program for a target population of women incarcerated in jail who have a history of substance abuse or illegal drug activity. Appropriates $105,000 to the counties for the project and appropriates $15,000 to the State Library to evaluate the project.
Vetoed by the Governor
AB 506 (Aguiar-R) Prisoners: smoking
Prohibits any inmate confined in a State Department of Corrections reception center or in the California Rehabilitation Center from using any tobacco product in, or on the grounds of, any of those facilities. Prohibits any ward of the State Department of the Youth Authority from using any tobacco product in, or on the grounds of, a facility under the jurisdiction of the department. Deletes the existing authority of the State Department of Corrections to provide tobacco products to an inmate who is 16 years of age or older, if the parent or guardian consents, in all department institutions.
(Died in Senate Public Safety Committee)
AB 570 (Battin-R) Prison construction: local mitigation
Makes changes to the local mitigation requirements when prison facilities are constructed, as specified.
Chapter 593, Statutes of 1998
AB 631 (Morrow-R) Residential rehabilitation
Requires that where any person is released on probation or parole on condition that he or she participate in a residential drug or alcohol rehabilitation program, the program must be licensed by the state to provide such treatment or services.
(Failed passage in Assembly Public Safety Committee)
AB 785 (Campbell-R) Corrections: undocumented aliens
Requires the State Department of Corrections (DOC) to notify the Immigration and Naturalization Service (INS) that a convicted felon in their custody is a suspected undocumented immigrant, and requires DOC to establish a policy for releasing an undocumented immigrant from the custody of DOC to the INS.
(Died in Senate Appropriations Committee)
AB 802 (Bowler-R) Correctional treatment centers
Exempts, from the definition of "correction treatment center," a local correctional facility with a medical unit that receives inmates who are discharged home from an acute care hospital.
(Died in Assembly Health Committee)
AB 805 (Woods-R) Conservation camps
Appropriates $2.5 million to the State Department of Forestry and Fire Protection for the purpose of reestablishing a minimum security conservation camp to be located at Green Valley in Sacramento County.
Vetoed by the Governor
AB 878 (Morrissey-R) Prisons: nonviolent offenders: bond act
Enacts the 1998 Prison Construction Bond Act which, if adopted by the voters, authorizes the issuance of $250 million in general obligation bonds to construct a minimum-security, barracks-style dormitory prison in a Southern California desert area.
(Died in Assembly Public Safety Committee)
AB 986* (Migden-D) Disabled inmates
Appropriates $6,558,000 to the State Department of Corrections for facility modification to provide accessibility to disabled inmates.
Chapter 28, Statutes of 1998
AB 1057 (Morrissey-R) Prisoners: visitation
Prohibits any prisoner from having visitors for the first 90 days of incarceration in the state prison.
(Died in Assembly Public Safety Committee)
AB 1108 (Knox-D) Parole: drug testing
Specifies that any person sentenced to a serious or violent felony after January 1, 1998, who violates parole by an offense that would be considered a violent or serious offense if adjudicated, may be returned to prison by the Board of Prison Terms for a period of time equal to the time the original sentence was reduced by good/work-time credits, or by a term of up to three years.
Provides that if the parole revocation offense was not an offense that could be adjudicated a violent or serious offense, then the parolee may be returned to prison for a period of time equal to whatever credits the parolee received, or up to two years.
(Died in Assembly Appropriations Committee)
AB 1655 (Wright-D) Corrections
Requires the State Department of Corrections (DOC) to reimburse counties for the detention costs of persons sentenced or referred to state prison where the detention results from a new commitment, or a referral for diagnosis and examination, when DOC is unable to receive the prisoner within five working days of notification by the county.
Chapter 767, Statutes of 1998
AB 1913 (Ashburn-R) Parole reform
Increases the period of parole from three to seven years for serious and violent offenses and makes each parole revocation punishable by up to 16 months for these offenders.
(Died in Assembly Appropriations Committee)
AB 2321* (Knox-D) Preventing Parolee Crime Program
Provides that the Preventing Parolee Crime Program within the State Department of Corrections be codified and expanded, as specified.
Chapter 526, Statutes of 1998
AB 2443 (Morrow-R) Probation and parole: sober living homes
Requires that when the court, a probation department, the State Department of Corrections, or the State Department of the Youth Authority arrange for placement or refer persons under their jurisdiction to sober living homes, that the sober living home be certified, as defined.
(Died in Assembly Public Safety Committee)
AB 2451 (Bowler-R) Inmate trust account
Provides that (1) unclaimed inmate money may be placed in the Restitution Fund, and (2) if pre-sentence custody credit exceeds the sentence imposed, the defendant must still be placed on parole. Repeals provisions relating to the biennial State Department of Corrections report to the Governor.
(Died in Assembly Appropriations Committee)
AB 2457 (Campbell-R) County jails
Freezes the construction, improvement or reprogramming of correctional facilities within one mile of a closing military installation.
(Died in Assembly Local Government Committee)
AB 2485* (Prenter-R) Correctional facility construction
Authorizes the State Department of Corrections to construct the Delano II prison in Kern County with lease-purchase financing.
(Failed passage in Assembly Public Safety Committee)
AB 2594 (Wright-D) Repeat offender pilot projects: revisions
Codifies changing the administering entity of the Repeat Offender Prevention Project from the State Department of the Youth Authority to the State Board of Corrections. Names, in statute, the participating counties and adds the City and County of San Francisco. Makes other changes related to the administration and evaluation of the grants.
(The conference-approved Budget Act of 1998 appropriated $4 million from the General Fund to continue the eight programs and to support the establishment of a program in an additional county.)
Chapter 327, Statutes of 1998
AB 2649 (Figueroa-D) Corrections: detainees: prohibited employment
Places restrictions on local and state inmates and wards having access to personal information from or about others, as specified.
Chapter 551, Statutes of 1998
AB 2793 (Migden-D) Adult and juvenile offenders
Provides that funds awarded to the state, pursuant to the federal Violent Offender/Truth-in Sentencing Grant Program through federal fiscal year 1999-2000, shall be allocated to the State Board of Corrections to counties for construction and modification of local detention facilities.
Chapter 339, Statutes of 1998
Law Enforcement
SB 11* (Brulte-R) Citizen's Option for Public Safety (COPS) Program
Instructs the State Controller to disburse Citizens Option for Public Safety Program (COPS) monies, upon the request of an individual county or city and county which has established a SLESF and a SLEOC for the 1997-98 fiscal year no later than September 15, 1997. Makes numerous technical changes to the existing COPS program.
(Died in Senate Appropriations Committee)
SB 51 (Solis-D) Workers' compensation: peace officers
Provides a special workers' compensation benefit consisting of a leave of absence with full pay for up to one year in lieu of temporary disability benefits for certain peace officers employed on a regular, full-time basis by Los Angeles County.
(Died in Senate Appropriations Committee)
SB 280* (Knight-R) Humane officers: training
Reduces the training requirement for Level I humane officers authorized to carry firearms while exercising the duties of a humane officer from those required for Level I reserve peace officers (currently a minimum of 664 hours of training) to those required for Level II reserve officers (currently a minimum of 154 hours).
(Died in Assembly Appropriations Committee)
SB 446 (Knight-R) Volunteer physicians and surgeons: immunity from liability
Provides qualified immunity from liability for personal injury or wrongful death to any physician and surgeon who "in good faith" and without compensation ro consideration renders "voluntary medical services," as defined, at an emergency shelter or at transitional housing, as defined
(Died in Senate Judiciary Committee)
SB 546 (Johannessen-R) Public safety officers: Procedural Bill of Rights
Makes numerous changes to the Public Safety Officers Procedural Bill of Rights Act, as specified.
(Died in Senate Public Safety Committee)
SB 587 (Hughes-D) Security services: hospital security guards
Provides that in order to be employed as a hospital security guard, a person must meet specified requirements, including providing proof of completion of specified courses in hospital safety and security and professional assault response, and being certified in CPR and basic emergency lifesaving. Creates an exemption from the education requirements for an applicant who has been employed as a security guard by a hospital or other health care provider, or an applicant previously employed as a peace officer, if certain requirements are met, including passing an examination to be developed and administered by the director of the State Department of Consumer Affairs. Requires the director to develop a continuing education program for these employees.
(Died in Senate Business and Professions Committee)
SB 907 (Lee-D) Crime laboratories
Requires the California Criminalistic Institute to conduct a feasibility study to identify the benefits of regionalizing crime laboratories and report its findings and conclusions to the Legislature on or before December 31, 1998.
(Died in Senate Public Safety Committee)
SB 918 (Hughes-D) Voter registration: confidentiality
Permits, until January 1, 2001, specified peace officers to request the county election officials to declare as confidential certain items of voter registration information, or of immediate family members, that appear on the affidavit and any list or index of voters.
(Died on Assembly Third Reading File)
SB 1213* (Vasconcellos-D) Peace officers: Santa Clara County
Provides that correctional officers employed by the County of Santa Clara under the terms and conditions specified by the director of the Santa Clara County Department of Corrections are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their employment and for the purpose of carrying out the primary function of their employment. Authorizes these peace officers to carry firearms only if authorized and under those terms and conditions specified by their employing agency, and would receive additional benefits due to their new peace officer status, including, but not limited to, expanded workers' compensation coverage and protection under the Public Safety Officers Procedural Bill of Rights Act.
(Died in Senate Public Safety Committee)
SB 1355 (Ayala-D) California Public Safety Commission
Establishes, until July 1, 2008, the California Public Safety Commission, which would consist of five members appointed as specified. Provides that primary focus of the commission would be on the correctional management practices and operations of all state public safety departments, boards, and authorities and the quality of oversight provided by the correctional agency.
((Died in Senate Public Safety Committee)
SB 1390 (Kopp-I) Impersonating an officer: uniforms
Expands fraudulently impersonating a peace officer to include impersonation by wearing, exhibiting or using a uniform, punishable as a misdemeanor. Creates a new one-year enhancement for felonies committed while fraudulently impersonating a peace officer.
Chapter 279, Statutes of 1998
SB 1406 (Peace-D) Workers' compensation: law enforcement
Establishes a disputable presumption that if hepatitis develops during a period when a peace officer or an active firefighter is in service, then the hepatitis constitutes an injury to be compensated by workers' compensation. Specifies an employer may dispute the presumption by producing evidence that the infection was not work-related. Provides that this presumption would apply to those who work on a volunteer, part-time, or full-time basis, and would extend for up to five years after the peace officers or active firefighters leave their service employment.
Vetoed by the Governor
SB 1417 (Knight-R) Peace officers
Expands the definition of peace officer for purposes of sentencing laws relating to brandishing a gun in the presence of an on-duty peace officer to include: a) reserve and auxiliary police or sheriff's officers, and b) all persons designated as peace officers not listed under this specific statute as potential victims of this offense. Provides the offense in #1 is a wobbler, punishable by nine months to one year in county jail and a fine of $1,000, or 16 months, two or three years in state prison and a fine of up to $10,000. Requires Level II reserve officers to satisfy continuing Commission on Peace Officer Standards and Training (POST) requirements. Requires Level III reserve officers to be supervised in the "accessible vicinity" by full-time, regular peace officers while performing specified duties, and allows them to transport prisoners without supervision.
Chapter 190, Statutes of 1998
SB 1442 (Rainey-R) Crime prevention: peace officer training
Clarifies the reference to a specified Commission on Peace Officer Standards and Training course for non-peace officers as one that includes carrying and using firearms.
Chapter 120, Statutes of 1998
SB 1451 (Kopp-I) Criminal offender information
Requires the State Department of Corrections, Youth Authority, and local probation departments to identify and report all persons with two serious and/or violent felony convictions to the State Department of Justice for entry into the Violent Crime Information Network prior to the offenders' release from custody.
(Died in Assembly Appropriations Committee)
SB 1452 (McPherson-R) Public safety: consolidated municipal agencies
Requires that any consolidated public safety agency which includes traditional law enforcement and fire protection or other emergency services be headed by a peace officer with specified training.
Chapter 159, Statutes of 1998
SB 1581* (Maddy-R) Crime prevention
Authorizes the development of the San Joaquin Valley Agricultural and Rural Crime Prevention Program, consisting of eight specified counties. Creates the Child Safety and Family Violence Protection Act of 1998, which establishes a pilot program in Sacramento County, with that county's consent, to provide for neighborhood-based social service centers in specified areas. Appropriates $1,250,000 to implement this provision of the bill. Provides that the above provisions sunset on January 1, 2004. Double-joined with SB 1580.
(Died in Senate Appropriations Committee pursuant to Senate Rule 29.10.)
SB 1600 (Rainey-R) Public safety officers: evidence
Establishes that any tampering or destroying of evidence to be used in a disciplinary proceeding against a public safety officer for the purpose of harming said officer, is a misdemeanor. Similar to AB 1958 this section.
Chapter 759, Statutes of 1998
SB 1622 (Peace-D) Biometric identifiers: financial institutions
Prohibits bank, credit union, check casher, or savings association requesting or requiring a customer to provide a fingerprint, voice print, retinal scan, or other biologically based characteristic that may be used to identify an individual for certain financial purposes.
(Failed passage in Assembly Banking and Finance Committee)
SB 1626 (Hughes-D) Peace officers: school security
Requires school security officers, as defined, who work more than 20 hours per week to complete a new school security training course to be developed. Precludes security guards from being employed directly or as contract employees at K-12 schools or community colleges after July 1, 2000, unless they have cleared criminal background checks.
Chapter 745, Statutes of 1998
SB 1627 (Hughes-D) Peace officers: school police officer
Requires all school peace officers, as defined, employed on or after July 1, 1999, to complete the Commission on Peace Officer Standards and Training basic training (i.e., currently 664 hours of training), prior to acting as peace officers. "Grandfathers" in existing school peace officers employed prior to that date; and makes other changes relating to school peace officers.
Chapter 746, Statutes of 1998
SB 1656 (Polanco-D) Muni Video Surveillance Program
Appropriates $920,000 from the General Fund to the Office of Criminal Justice Planning in augmentation of a specified item of the Budget Act of 1998 for the Muni Video Surveillance Program in the City of San Francisco.
(Died on Assembly Third Reading File)
SB 1662 (Ayala-D) Public safety officers: Procedural Bill of Rights
Requires an administrative appeal by a peace officer under the Public Safety Officers Procedural Bill of Rights Act to be conducted in conformance with rules and procedures adopted by the local public agency.
Chapter 263, Statutes of 1998
SB 1678 (Haynes-R) Local public safety funding
- Defines the services that may be funded under Proposition 172 (November 1993): increase in the sales tax by 1/2 % for public safety) as limited to sheriffs, police, fire, ocean lifeguards, county district attorneys, county public defenders, county corrections, and probation departments.
- Specifies, under the "maintenance of effort" requirements under Proposition 172, that a city or county may only receive Proposition 172 funds if it fully funds its base funding for public safety services.
- Specifies the "base year" for determining whether a city or county meets the "maintenance of effort" requirements for receiving Proposition 172 funds as the higher of fiscal years 1991-92 and 1992-93.
- Specifies that the "base year" amount shall be increased by (a) staffing for capital projects, (b) any additional public safety responsibilities mandated by the Legislature, or (c) any salary increases mandated by preexisting labor contracts.
(Failed passage in Assembly Local Government Committee)
SB 1690 (Rainey-R) Peace officers
Adds San Francisco Bay Area Rapid Transit Police Department officers and, in some cases, certain California public university police officers to various criminal and other statutes involving certain described peace officers.
Chapter 760, Statutes of 1998
SB 1729 (Thompson-D) School safety
Requires coordination between campus and local law enforcement agencies associated with crimes occurring on or near college campuses.
Chapter 284, Statutes of 1998
SB 1783 (Watson-D) Secondhand goods dealers: reporting
Authorizes the State Department of Justice to establish a computer-generated electronically transmitted system for the purpose of making the required reports by pawnbrokers and secondhand dealers. Specifies a time frame within which electronic reporting must be commenced by a pawnbroker or secondhand dealer. Provides a violation of the provisions regulating secondhand goods dealers is a crime.
(Died in Senate Rules Committee)
SB 1785 (Hayden-D) Stray animals: duties of pounds and shelters
Provides that public and private animal shelters are subject to the same anti-cruelty statutes as private citizens who take possession of a stray dog or cat. Requires that animal shelters:
- Keep animals for a minimum of three business days before they are put up for adoption and a minimm of six business days before they are euthanized.
- Make animals available to non-profit rescue societies or adoption organizations free of charge, excluding reasonable spay or neuter costs.
- Maintain accurate records of all animals turned over to the shelter, from the time of possession.
- Keep and provide for any legally ownable pet.
- Make reasonable efforts to contact the owner of an animal in its possession and to inform him or her of recovery procedures.
Chapter 752, Statutes of 1998
SB 1844 (Thompson-D) Crime prevention: peace officer training
Requires the Commission on Peace Officer Standards and Training to implement, before July 1, 1999, a course for training peace officers to deal with civil disobedience, including reasonable use of force, active and passive resistance, media relations, officer safety, evidence collection and crowd control.
Chapter 207, Statutes of 1998
SB 1880 (Senate Public Safety Committee) Various criminal law provisions
This is the Senate Public Safety Committee's annual omnibus bill. Makes minor non-controversial changes to the Penal Code and penal provisions. Amends 15 provisions, 13 of which are technical. Specifically, this bill:
- Makes a substantive Vehicle Code change to codify legislative intent that the lifetime ban on a driver's license for a person convicted of assault with a deadly weapon, when the weapon is a vehicle, does not apply to misdemeanor assault.
- Makes a substantive change to temporarily (until January 1, 2003) allow sheriffs in counties with a population of 100,000 or less to use correctional officers on an interim basis as court bailiffs.
Chapter 606, Statutes of 1998
SB 1894 (Hurtt-R) Pupils: reporting crimes
Requires the principal of a school, or his or her designee, to notify the appropriate law enforcement authorities of the county or city in which the school is situated within 24 hours.
(Died in Senate Education Committee)
SB 1913 (Ayala-D) Office of the Inspector General
Specifies that the Inspector General must be independent and not be a subdivision of any other governmental agency. Requires the director of the State Department of Corrections to expand the existing ombudsman program.
Chapter 969, Statutes of 1998
SB 1936* (Johnston-D) Regional transit
Allows the Altamont Commuter Express Authority to contract with designated persons to issue citations for infractions related to fare evasion and other public transportation-related matters.
Chapter 308, Statutes of 1998
SB 1978 (Ayala-D) California Public Safety Commission
Creates the five-member California Public Safety Commission to focus on correctional management practices and operations of all state public safety departments, boards and authorities, and to oversee the quality of oversight provided by the correctional agency. Sunsets January 1, 2010.
(Died in Senate Appropriations Committee)
SB 2044 (Rainey-R) Private patrol operators
Modifies the temporary registration process for security guards as administered by the State Department of Consumer Affairs, Bureau of Investigative and Security Services.
Chapter 830, Statutes of 1998
SB 2049 (Vasconcellos-D) Crime prevention: peace officer training
Requires law enforcement officers be trained every four years on the handling of persons with developmental disabilities. Requires custodial staff of private correctional facilities to receive a Peace Officer Standards and Training-certified basic training course, and makes it a condition of state contracts as of January 1, 1999.
Vetoed by the Governor
SB 2124 (Kelley-R) Peace officers: city attorney investigators
Creates a pilot project to allow the city attorney of San Diego to appoint investigators with peace officer status.
(Failed passage in Senate Public Safety Committee)
SB 2131 (Knight-R) Law enforcement telecommunications system
Gives railroad police access to the California Law Enforcement Telecommunications System which contains criminal summary history information (sometimes referred to as "rap sheets").
(Failed passage in the Assembly Public Safety Committee)
SB 2148 (Calderon-D) Law enforcement
Appropriates $100,000 from the General Fund to supplement federal funding for various law enforcement purposes, including personnel, community-policing programs, and the acquisition of up-to-date equipment and technology.
(Died in Senate Public Safety Committee)
SB 2176 (Lockyer-D) Civil rights: Department of Justice
Strengthens the ability of the Attorney General's office to enforce the state's anti-discrimination laws.
Vetoed by the Governor
SB 2210 (O'Connell-D) Criminal procedure: peace officers personnel records
Codifies case law which prohibits the use of a peace officer's statement against that peace officer by a prosecutor when the officer is the subject of a criminal investigation or a criminal grand jury proceeding and invokes his or her right to remain silent, and after being admonished that the invocation could result in punishment or loss of job, the officer gives a statement.
(Died on the Senate Inactive File)
SB 2215 (Lockyer-D) Public safety officers: Procedural Bill of Rights
Modifies the Public Safety Officers Procedural Bill of Rights Act to provide that a chief of police cannot be fired without written notice of the reasons and an opportunity for an administrative appeal, and states this provision does not create a property interest, where one does not exist by rule or law, in the job of chief of police.
Chapter 786, Statutes of 1998
SCA 30 (Lockyer-D) Public safety services
Amends the California Constitution to prohibit the state or a local government, as defined, from entering into any contract, franchise agreement, or other arrangement in which an essential public safety services, which is defined to mean fire, police, sheriff, probation, corrections, or other peace officer services, would be provided by private means, except as specified.
(Died in Senate Public Safety Committee)
SCR 37 (Rosenthal-D) State employees: correctional supervisors
Requests the State Personnel Board in consultation with the State Department of Personnel Administration, State Department of Corrections, and the California Correctional Supervisors Organization to conduct a classification study of the correctional sergeant and correctional lieutenant classes within 60 days of the adoption of the Senate Concurrent Resolution and makes changes as a result of the study by July 1, 1998.
(Died in Senate Industrial Relations Committee)
AB 75* (Alby-R) Fingerprints
Provides for an alternative to fingerprints in order to background check persons who do not have fingerprints because of a medical condition or disability.
Chapter 452, Statutes of 1998
AB 271 (Villaraigosa-D) Correctional peace officers standards and training
Increases standards and training for state correctional peace officers, provides psychological screening for prospective candidates. Requires that state internal affairs investigators complete training and adhere to specified standards.
Chapter 762, Statutes of 1998
AB 302 (Runner-R) Mental health: disclosure of records: law enforcement
Provides for disclosure of whether or not an individual is a patient in a mental health facility to a law enforcement officer who personally lodges a warrant of arrest showing that the person sought is wanted for the commission of a serious or violent felony. Requires that if the person named in the warrant of arrest is confined in the facility, the law enforcement officer may not enter the facility without first obtaining a search warrant or permission of the staff of the facility.
Chapter 148, Statutes of 1998
AB 314 (Morrissey-R) California Highway Patrol: age limits
Modifies the designation of "state traffic officer of the CHP" position to "officer of the California Highway Patrol" and raises that minimum age limit from 18 years to 21 years.
(Died in Senate Transportation Committee)
AB 343 (Woods-R) Custodial officers: assignments
Provides in counties with a population of 200,000 or less, a custodial officer may be assigned by the sheriff as a court bailiff. Provides a custodial officer may be assigned limited law enforcement responsibilities at any time the Governor or county board of supervisors declares a state or local emergency, as specified. Provides that, while on this assignment, the custodial officer may exercise the powers of arrest. Prohibits a custodial officer from carrying or possessing a firearm while on duty, except under the direction of the sheriff or chief while assigned as a court bailiff, as specified.
(Died in Assembly Public Safety Committee)
AB 344 (Morrissey-R) Public safety officers: Procedural Bill of Rights
Provides that no public safety officer can be punished or threatened with punishment for lawfully exercising any state or federal rights, or any rights under the U.S. or California constitutions. Provides that no punitive action may be taken or threatened against any public safety officer without providing the officer with an administrative appeal to an entity outside the authority of the agency seeking to impose the sanctions. Provides that a violation of these provisions can result in civil litigation, as well as an award of civil damages and attorney's fees against the employing public safety entity.
(Died in Assembly Appropriations Committee)
AB 436 (House-R) Peace officers: psychological: concealed weapon
Amends existing law relative to a retired peace officer carrying a concealed weapon who is retired on a psychological disability.
(Failed passage on Senate Floor)
AB 444 (Pacheco-R) Peace officers and firefighters
Authorizes the court to impose full, separate and consecutive sentences, in addition to the sentence for any related crime, when a person commits assault with a deadly weapon, or with force likely to result in great bodily injury, against an on-duty peace officer or firefighter, and the person reasonably should have known the victim was an on-duty peace officer or firefighter.
(Failed passage in Assembly Appropriations Committee)
AB 495 (Ashburn-R) Search and rescue costs
Repeals the requirement that the county of residence, of a person who is searched for or rescued, pay the costs to the county that undertakes the search and rescue, and, instead, until January 1, 1999, requires the state to reimburse the county, for a maximum $25,000 after a $100 deductible, conducting the search and rescue. Allows the state to, in turn, seek reimbursement, up to a maximum $5,000, from the person under certain circumstances.
(Died in Assembly Appropriations Committee)
AB 533 (Knox-D) Crime prevention: weapons scanning devices
Permits sworn law enforcement and correctional officers to use weapons scanning devices and to prohibit convicted felons and persons committing crimes from using such devices.
(Died on Senate Inactive File)
AB 599 (Prenter-R) California Forensic Science Laboratory Enhancement Program
Creates the "California Forensic Science Laboratory Enhancement Program" for the purpose of establishing a funding mechanism for state forensic laboratories.
(Died in Assembly Public Safety Committee)
AB 635 (Oller-R) Testimony: Placer County
Provides for a pilot project for closed-circuit television testimony of a peace officer and the defendant under specified circumstances in infractions and misdemeanors, and allows an in-custody defendant to be arraigned via closed-circuit television for an infraction.
Chapter 356, Statutes of 1998
AB 976 (Papan-D) Money laundering
Allows a peace officer: to testify in front of the grand jury as to hearsay statements regarding the foundation for the admissibility into evidence of physical evidence; to obtain financial records of an individual upon an ex parte showing to a judge that there are reasonable grounds to believe that the records or information sought are relevant to an ongoing investigation of activities relative to criminal profiteering; and to obtain utility records of an individual upon an ex parte showing to a judge that there are reasonable grounds to believe that the records or information sought are relevant to a criminal investigation.
Chapter 757, Statutes of 1998
AB 1016 (Hertzberg-D) Peace officers: personnel files
Requires the removal of unfounded and exonerated complaints from a peace officer's general personnel file prior to any official determination regarding promotion, transfer, or disciplinary action by the officer's employing department or agency. Allows management to access those complaints in a separate file, as long as management does not use the complaints for punitive or promotional purposes.
Chapter 25, Statutes of 1998
AB 1115 (Knox-D) Sexual assault: victim's support
Makes technical and clarifying changes to current statutes concerning the rights of victims of sexual assault, and provides for the exclusion of support persons during certain investigation-related activities if specified.
Chapter 456, Statutes of 1998
AB 1211 (Assembly Public Safety Committee) Peace officers: training
Provides that each police chief or person in charge of a law enforcement agency appointed on or after January 1, 1999, must complete training mandated by Peace Officer Standards and Training within two years of the appointment, as a condition of continued employment.
Chapter 66, Statutes of 1998
AB 1236 (Floyd-D) Public employees: public safety
Gives public safety officers certain rights prior to being interrogated about non-criminal matters once such matters are likely to result in punitive action.
(Failed passage in Senate Public Safety Committee)
AB 1264 (Poochigian-R) Department of Justice: annual report
Requires the State Department of Justice until January 1, 2003, in its annual report on criminal justice statistics to include specified statistics regarding all motorists stopped by law enforcement officers.
Vetoed by the Governor
AB 1284 (Bowler-R) Local recreational areas: personnel: prior convictions
Authorizes a local recreational agency to terminate an employee or volunteer for falsifying information regarding prior convictions on employment applications.
(Died in Assembly Local Government Committee)
AB 1305 (Granlund-R) Welfare fraud investigators
Requires all welfare fraud investigators to attend a training approved by the Commission on Peace Officer Standards and Training and provided by the California District Attorneys' Association (POST). Requires new investigators obtain a specialized basic certificate issued by POST within one year of hire.
(Failed passage in Assembly Appropriations Committee)
AB 1332 (Murray-D) DNA and Forensic Identification Data Base and Data Bank Act
Makes the State Department of Justice (DOJ), through its DNA laboratory, responsible for the management and administration of the state's DNA data base and data bank identification program. Requires DOJ to be a liaison with the FBI regarding the state's participation in a national DNA data base, such as the FBI's Combined DNA Index System, that allows DNA records to be stored and exchanged nationwide.
Chapter 696, Statutes of 1998
AB 1343 (Martinez-D) Coroners
Requires that all photographs and videotapes of the body, or portion of the body, of a deceased person taken by the coroner or other law enforcement agency investigating a death shall be processed solely by the coroner's office or other law enforcement agency in a facility under exclusive control of the coroner or law enforcement agency, except as provided. Requires the coroner or law enforcement agency to take all steps necessary to notify appropriate relatives or guardians of the existence of the photographs and, except in specified circumstances, to obtain a waiver for release or use of the photographs for other than a criminal investigation or action relating to the death of that person.
(Died in Assembly Public Safety Committee)
AB 1389 (Perata-D) Confidential Department of Motor Vehicles records
Makes the home address of a surviving spouse or child of a peace officer killed in the line of duty confidential for three years following the peace officer's death.
Chapter 458, Statutes of 1998
AB 1420 (Shelley-D) Community district attorney pilot project
Requires the State Office of Criminal Justice Planning (OCJP) to establish a two-year community district attorney pilot project in Los Angeles and San Francisco Counties in order to create a cooperative relationship between prosecutors, police, and community members and to decrease specific criminal activity by 5%. Requires OCJP to evaluate the program and report to the Legislature. Specifies that the funding for the pilot be provided pursuant to the Budget Act.
(Died in Senate Appropriations Committee
AB 1440 (Woods-R) In-home supportive service providers: criminal record checks
Requires any person, with specified exceptions, who provides - commencing July 1, 1999 - IHSS or Personal Care Services Program services shall be subject to a background check through the State Department of Social Services - using the State Department of Justice - and that if the provider is determined to have ever been convicted of specified crimes, that person is prohibited from ever being paid as such a provider, as specified.
(Died in Senate Appropriations Committee)
AB 1457 (Wildman-D) Glendale Multilingual Outreach Pilot Program
Establishes the Glendale Multilingual Outreach Pilot Program, if approved by the Glendale City Council, to provide assistance and improved access to the public safety system to Armenian-Americans in California who find themselves the victims of violence and other criminal activity related to their ethnicity.
(Died in Senate Appropriations Committee)
AB 1466 (Baldwin-R) Local public safety services
Makes the annual allocation of Proposition 172's public safety funds in San Diego.
(Died in Assembly Local Government Committee)
AB 1496 (Papan-D) Public Safety Training Act of 1998
Creates, until January 1, 2002, subject to funding in the annual Budget Act, the Public Safety Training Act of 1998, a three-year pilot project in three regions of the state, to fund the construction of public safety regional training facilities and to purchase training equipment for state and local public safety workers, such as fire and rescue, and law enforcement. Establishes the Public Safety Training Fund, administered by an 11-member board of directors, to award grants to the three regions. Requires the board to report to the Legislature.
(Died in Senate Appropriations Committee)
AB 1532 (Shelley-D) Investigative Interpreter Program
Creates the two-year Investigative Interpreter Program, to be administered by the Office of Criminal Justice Planning, to award grants to cities and counties for training investigative interpreters. States legislative intent that funding be provided in the annual Budget Act for purposes of the bill. Makes related legislative findings.
(Died in Senate Appropriations Committee)
AB 1659 (Richter-R) Homicide of peace officers
Requires the state to reimburse any county for 100% of the costs associated with a homicide trial involving the killing of a peace office in the line of duty, including all pretrial, trial, and post-trial costs incurred in connection with the investigation, prosecution, and defense of the case. Reimbursable costs include, but are not limited to, costs incurred by the district attorney, sheriff, public defender, and witnesses.
(Died in Senate Appropriations Committee)
AB 1675 (Margett-R) Peace officers: public records
Makes the home address and telephone number of a peace officer, district attorney, county public defender and judicial officer, shown on any document filed with the county recorder confidential, upon request of those persons.
(Died in Senate Judiciary Committee)
AB 1681 (Sweeney-D) Suspect identification system
Clarifies existing law to allow the expenditure of existing funds for all costs associated with the booking process.
Chapter 72, Statutes of 1998
AB 1723 (Floyd-D) Peace officers: Industrial Medical Council
Authorizes limited peace officer powers for investigative purposes for certain employees of the Industrial Medical Council.
(Died in Assembly Public Safety Committee)
AB 1730 (Wright-D) Computer on-line access
Provides on-line access to the State Department of Motor Vehicles confidential address records for an independent institution of higher education. Implements on-line access as a pilot program to be terminated on January 1, 2002, and requires an evaluation of the pilot program to the Legislature by January 1, 2001. Amends parking enforcement provisions to allow parking violation notices to be sent to a registered vehicle owner by electronic facsimile as an alternative to mailing. Clarifies that failure to properly display a vehicle license plate is an equipment violation ("fix-it ticket") and is included in provisions which allow the citation penalty to be reduced to $10 upon correction. This would only be authorized when valid license plates had been previously issued for the cited vehicle. Allows the bill to apply to more than a single institution.
Chapter 885,Statutes of 1998
AB 1804 (Havice-D) Criminal history information: school volunteers
Requires a prospective school volunteer who will have direct contact with pupils in an unsupervised setting to have submitted his or her fingerprints to the State Department of Justice for a background check, and specifies that the volunteer does not have to pay the processing fee. Prohibits a school district from allowing such contact if the person has been convicted of or has a pending criminal proceeding for a violent or serious felony. Exempts parents or guardians of children enrolled in the school from these provisions. Allows a single district to act on behalf of other districts for submitting background checks of a volunteer who applies to several districts.
(Died in Senate Appropriations Committee)
AB 1806 (Floyd-D) Santa Clara County Deputy Sheriffs
Gives peace officer status to those Santa Clara County deputy sheriffs employed to perform duties related to maintaining jails or other county custodial facilities.
(Died in Assembly Public Safety Committee)
AB 1865 (Wildman-D) Tort liability: peace officers
Provides that if a peace officer is slain while in the line of duty, neither the widow or widower, nor the heirs of the peace officer shall be liable for any injury or death that may result from an act or omission of a peace officer that occurs in his or her line of duty. Provides that this immunity applies whether or not the act or omission is related to the officer's death. Provides that nothing in this bill shall preclude any action from being brought against the estate of the peace officer.
Chapter 559, Statutes of 1998
AB 1958 (Wildman-D) Public safety officers
Allows the superior court to award an additional remedy under the Public Safety Officers Procedural Bill of Rights if the superior court finds that in any disciplinary proceeding against a public safety officer a person knowingly altered, tampered with, concealed, or destroyed relevant evidence for the purpose of harming the public safety officer, as specified.
(Died in Senate Public Safety Committee)
AB 2066 (Sweeney-D) Vehicles: peace officers: fleeing
Increases the minimum penalties for fleeing or attempting to elude a peace officer while driving in a willful or wanton disregard for public safety. The bill authorizes the California Highway Patrol to undertake a statewide publicity campaign on the offense of fleeing a pursuing peace officer only if grants or other funds become available.
Chapter 472, Statutes of 1998
AB 2073 (Cardenas-D) Fleeing a peace officer
Makes willfully fleeing or evading a peace officer where that flight causes a person's death a felony rather than an alternate misdemeanor/felony and retains the same felony penalty.
(Died in Senate Public Safety Committee)
AB 2118 (Perata-D) California Highway Patrol
Requires the California Highway Patrol (CHP) Commissioner to establish a museum at the CHP Academy, and requires the State Department of General Services to develop plans and specifications for the museum. Makes technical changes to provisions requiring officer training.
(Died in Senate Transportation Committee)
AB 2236 (Morrissey-R) California Highway Patrol: out-of-state funerals
Authorizes the commissioner of the California Highway Patrol (CHP) to approve out-of-state travel within the United States of members of the CHP, in numbers the commissioner deems appropriate, to attend out-of-state funerals of law enforcement officers or to attend out-of-state events related to funerals of law enforcement officers, including the National Peace Officers Memorial. Specifies that reimbursement for actual and necessary traveling expenses of members of the CHP shall be allowed for these purposes up to a maximum aggregate amount of $40,000 in any fiscal year.
Chapter 220, Statutes of 1998
AB 2293 (Scott-D) Public safety officers
Provides that for the purposes of the Peace Officers Procedural Bill of Rights Act a "lie detector" is defined to include the latest electronic deception devices. Defines "lie detector" to mean a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.
Chapter 112, Statutes of 1998
AB 2312 (Morrissey-R) Security guards: background checks
Requires specified security guards to submit two additional fingerprint cards as part of the licensing process.
(Died in Assembly Appropriations Committee)
AB 2331 (Prenter-R) Crime prevention: rural crimes
Expands the Tulare County rural crime pilot project to authorize Fresno, Kern, Kings, Madera, Merced, Sacramento, Stanislaus and San Joaquin counties to participate in the "San Joaquin Valley Rural Crime Prevention Program," administered by the district attorney and the county sheriff.
(Died in Assembly Appropriations Committee)
AB 2477 (Hertzberg-D) Crime prevention
Requires the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT), a multiagency anti-drug task force, to work in conjunction with the Community Law Enforcement and Recovery Demonstration Project, a multiagency gang intervention program, on the gang-related drug enforcement activities of L.A. IMPACT. Requires the State Board of Corrections (BOC) to select an entity to conduct an evaluation of the effectiveness of L.A. IMPACT's gang drug crime intervention unit and report to the Legislature. Appropriates $1 million from the General Fund to BOC for allocation to the City of L.A.
(Died in Senate Appropriations Committee)
AB 2490 (Prenter-R) Child abduction: statewide protocol
Provides that in order to provide local and state law enforcement agencies and communities with the information necessary to provide a consistent and coordinated approach to dealing with child abduction at the local level in a timely and efficient manner, the Office of Criminal Justice Planning, in consultation with specified agencies and organizations, shall develop a statewide protocol for the handling of child abduction cases, as well as specified informational guidelines. Requires that the protocol be completed no later than January 1, 2000, and shall be made available to every local law enforcement agency in the state by March 1, 2000. Requires the Commission on Peace Officer Standards and Training to develop, and make available to local law enforcement agencies no later than June 1, 2000, a training course for the implementation of the protocol.
(Died in Assembly Public Safety Committee)
AB 2501 (Mazzoni-D) Pupils: questioning by a peace officer
Provides that before making an elementary pupil available to a peace officer for interrogation, school principals must obtain oral permission of the pupil's parent or guardian based on any ground other than a circumstance when the peace officer may make a warrantless arrest (as defined in the Penal Code). Provides that for secondary school pupils, the principal is required to inform the pupil that he/she has the right to have a parent or guardian or a member of the school faculty or staff, selected by the pupil, present during the interrogation. Provides that if school officials are unable to reach a parent or guardian to obtain permission for the interrogation, then the principal or the principal's designee shall be present. Provides protections to ensure confidentiality. Provides an exception to the requirements in the bill if the minor is on probation and being interviewed by a probation officer for the purposes of probation supervision.
Vetoed by the Governor
AB 2506 (Battin-R) Criminal records and correctional officers
Requires the Attorney General to appoint an advisory committee to the California- Criminal Index and Identification (CAL-CII) system.
Chapter 841, Statutes of 1998
AB 2541 (Margett-R) Department of Parks and Recreation employees
Adds to Penal Code Section 830.7 (granting the powers to arrest of a peace officer) employees of the California Department of Parks and Recreation designated by the director who are "classified as Firefighter/Security Officer" provided that the primary duty of the employee is the protection of the state park system as set forth in Section 5008 of the Public Resources Code "at Hearst San Simeon State Historical Monument."
(Died in Senate Public Safety Committee)
AB 2577 (Granlund-R) Peace officers: surveillance
Adds State Department of Motor Vehicles investigators to a list of individuals specifically exempted from the prohibition against making covert recordings.
(Died in Assembly Public Safety Committee)
AB 2733 (Wildman-D) Bail fugitive recovery persons
Establishes the Bail Fugitive Recovery Person Act which requires that all bail fugitive recovery persons (i.e., bounty hunters) meet specified requirements and requires every bail fugitive recovery person to notify local law enforcement officials as to his or her intention to make an arrest.
Vetoed by the Governor
AB 2794* (Assembly Budget Committee) Law enforcement: State Budget augmentations
Appropriates $650,000 to the Office of Criminal Justice Planning as follows: (1) $500,000 to the City of San Diego to expand the CHOICE Program; (2) $50,000 to the City of Bellflower to implement an early prevention program for at-risk youth; (3) $50,000 to the City of Downy Police Department to upgrade computers to implement Megan's Law and track gang activity; and (4) $50,000 to the City of Long Beach Police Department for a command center for natural disasters and a mobile substation. Appropriates $980,000 to the State Department of Justice as follows: $900,000 to the 50-Law Enforcement, for the Sexual Assault Felony Enforcement Task Force, and $50,000 to the Los Angeles Interagency Metropolitan Apprehension Crime Task Force for purchase of one anti-methamphetamine vehicle.
Chapter 1050, Statutes of 1998
AB 2816* (Baugh-R) Minors: informants
Provides that no peace officer or agent of a peace officer can use a person under the age of 13 years as a minor informant nor can such a person use a minor 13- through 17-year-old as a minor informant without a court order made after certain conditions are met, but allows the use of minor informants 13- through 17-year-olds to be used in connection with the Stop Tobacco Access to Kids Enforcement Act.
Chapter 833, Statutes of 1998
ACR 109 (Wildman-D) California Peace Officers Memorial Day
Proclaims May 8, 1998, as California Peace Officers Memorial Day, and the week of May 10 through May 16, 1998, as National Police Week in California.
Resolution Chapter 54, Statutes of 1998
ACR 125 (Havice-D) Law Enforcement Appreciation Week
Proclaims May 10 through May 16, 1998, as Law Enforcement Appreciation Week in California and encourages all Californians to join in this observance to commend our law enforcement officers for their professionalism and commitment to the citizens of California.
(Died on Assembly Inactive File)
ACR 169 (Wayne-D) Neighborhood Watch Month
Designates the month of August 1998 as Neighborhood Watch Month.
Resolution Chapter 135, Statutes of 1998
Similar legislation was ACR 181 (Knox-D), which died at the Printer.
Family Law
SB 326* (Leslie-R) Minors: protective orders
Requires courts to allow minors over age 12 to appear in court without a guardian and without counsel for the purpose of requesting or opposing a protective or restraining order. Authorizes minors under age 12 to appear in court without counsel, but with a guardian, for the same purpose. (This provision codifies an existing rule of court.)
Chapter 706, Statutes of 1998
SB 583 (Hughes-D) Reunification services
Requires that where a minor under six years of age is to be placed in a community care facility licensed as a group home for children or a temporary shelter care facility because the case plan indicates that placement is for the purpose of providing family reunification services, the placement facility must employ staff trained to provide family reunification services, including services designed to promote family economic self-sufficiency.
(Died in Senate Judiciary Committee)
SB 1037 (Vasconcellos-D) Custody orders: visitation rights
Allows a de facto parent to petition the court for visitation rights if the de facto parent had a pre-existing parental relationship with the child formed with the consent and encouragement of the custodial parent.
(Died on Assembly Inactive File)
SB 1160 (Haynes-R) Children: adoptive parents
Prohibits the State Department of Social Services, or a delegated county adoption agency, from requiring a prospective adoptive parent to sign any statement that corporal punishment shall not be used on his or her own children. Requires that, as to an agency adoption, if a prospective adoptive parent's application or petition to adopt is denied, the applicant shall have a right to appeal the decision at the state level; and requires the department to develop the appeals process.
(Died in Senate Judiciary Committee)
SB 1210 (Hurtt-R) Child and spousal support
Authorizes the Board of Supervisors of Orange County, with the concurrence of the Orange County District Attorney, to establish a pilot project, not to exceed 24 months, for the purpose of comparing the cost and effectiveness of public and private performance of functions related to the establishment and enforcement of family support obligations. Provides that any person who knowingly discloses information that is obtained in connection with the pilot project and that is not available to the general public is guilty of a misdemeanor.
(Died in Senate Judiciary Committee)
SB 1282* (Rainey-R) Adoption: parental rights
Specifies that a child under the age of 18 who seeks to be declared free from custody of either or both parents does not pertain to cases where a parent may revoke or has revoked his or her consent to an adoption.
(Died in Senate Judiciary Committee)
SB 1377 (Mountjoy-R) Marriage and dissolution
Establishes covenant marriages where the parties agree that their marriage is a lifelong relationship, and requires that they receive premarital counseling and execute a declaration of intent. Dissolution or legal separation of a convenant marriage would be obtained only on the grounds of adultery, conviction of a felony, physical abuse, desertion, incurable insanity or non-cohabitation for a specified period subsequent to entry of a judgment of legal separation.
(Failed passage in Senate Judiciary Committee)
SB 1410 (Burton-D) Child support enforcement
Implements, beginning October 1, 1999, the Office of the Legislative Analyst's proposed new child support incentive scheme, whereby county incentive payments are a function of county administrative effort and cost-effectiveness. Limits the state incentive to between four and 13% of a county's collections but allows for an increase to the percentages through the annual Budget Act. Exempts Los Angeles County from child support automation penalties imposed by the federal government. Provides that the penalty on the state would not be shared by Los Angeles County unless the county fails to interface with the statewide child support automation system or comply with other subsequently imposed automation requirements. Extends the current child support incentive rate of 13.6% through September 1999.
Chapter 404, Statutes of 1998
SB 1482 (Rosenthal-D) Adoption: dependent children
Increases the frequency of status review hearings for children who are dependents of the juvenile court based on abuse or neglect and who are in a placement other than the home of a legal guardian.
Chapter 355, Statutes of 1998
SB 1508 (Rainey-R) Support claims: Franchise Tax Board
Requires public entities to notify the Franchise Tax Board before paying out claims for purposes of collecting past-due child support. Requires public entities to withhold delinquent support from judgments and settlements before all liens have been identified and satisfied.
(Failed passage in Assembly Judiciary Committee)
SB 1509 (Rainey-R) Child support
Strengthens the law concerning the criminal liability of parents who fail to provide for the care of their children by doing the following: (1) increases the penalty for the failure to care for a child from a misdemeanor to a wobbler; (2) establishes a deferred entry of judgment scheme for the criminal offense of failing to care for a child; and (3) revises and conforms certain jurisdictional rules applicable to crimes of failing to care for a child.
(Failed passage in Senate Public Safety Committee)
SB 1673 (Knight-R) Voluntary declarations of paternity
Provides that either parent may rescind a voluntary declaration of paternity by filing a rescission form with the State Office of Vital Records unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party, and that party was notified by the court during that action that, unless rescinded on the record at that time, the voluntary declaration of paternity will thereafter be given the force and effect of a judgment of paternity.
(Died in Senate Judiciary Committee)
SB 1717 (Sher-D) Uniform Child Custody Jurisdiction and Enforcement Act
Revises the Uniform Child Custody Jurisdiction Act to bring it into compliance with the federal Parental Kidnapping Prevention Act. Limits child custody jurisdiction to one state, and provides enforcement provisions for child custody orders in interstate disputes.
Vetoed by the Governor
SB 1732 (Rainey-R) Adoption
Specifies that where a birth parent's consent is not required and the child is freed for adoption, a birth parent cannot revoke the adoption. Delineates a procedure applicable to situations in which existing exceptions to parental consent are not applicable whereby a prospective adoptive parent may file a petition to declare the child freed from parental custody and control on the basis of abandonment in which case the above-stated provision requiring the return of the child to the birth parent would also not be applicable.
(Died in Senate Judiciary Committee)
SB 2012 (Monteith-R) Child support: incentives paid to counties
Extends for three more years the authority of the counties of Merced, San Luis Obispo, and Stanislaus to use "excess" moneys that they do not use for administering their child support enforcement program, for other children-related services, such as child abuse and child molestation.
(Died in Senate Judiciary Committee)
SB 2091 (Watson-D) Foster care reunification services
Expands the list of behavior and activities which allow the juvenile court to terminate parental rights and place a child for adoption without first providing reunification services to the parent.
Chapter 75, Statutes of 1998
SB 2155 (Alpert-D) California Commission on Children, Youth, and Families
Creates the California Commission on Children, Youth and Families and appropriates $149,000 from the General Fund to support the Commission's activities. Charges the Commission with reviewing state programs and making related recommendations to improve the quality of life of California's children, youth, and families. Requires the Commission formulate a strategic plan, to be submitted to the Governor and the Legislature on February 15, 2000, and annually thereafter, for improving the quality of life of California's children, youth, and family over the next 20 years.
(Died in Assembly Appropriations Committee)
SB 2205 (Knight-R) Adoption: marriage of adoptive parents
Clarifies that a child may be adopted by a married couple and prohibits adoption of a child by two adults who are not a man and woman married to each other or by one adult who is not the opposite sex of, and lawfully married to, the custodial parent of the child.
(Died in Senate Judiciary Committee)
SCA 34 (Haynes-R) Parental rights
Provides that every parent has a fundamental right to control the care and custody of his or her child, including control over the education, discipline, health and medical care of the child. Provides that no state action may hinder this right absent a showing that the state's action is the least restrictive means of furthering a compelling state interest.
(Failed passage in Senate Judiciary Committee)
SCR 75 (Kopp-I) Stepfamily Day
Designates September 16, 1998, as Stepfamily Day in California.
Resolution Chapter 79, Statutes of 1998
AB 53 (Murray-D) Adoption
Allows an unmarried adult, two adults who are legally married, or two adults who are not legally married to adopt a child. Provides that a person, or persons, otherwise meeting the needs of a child shall not be prevented from adopting that child based solely on marital status. Prohibits the State Department of Social Services from developing regulations inconsistent with these new provisions.
(Died on Assembly Inactive File)
AB 54 (Murray-D) Domestic partnership: registration
Authorizes state recognition of domestic partners. Requires, among other things, that domestic partners share a common residence, agree to be jointly responsible for each other's basic living expenses, be at least 18 years of age, and file a Declaration of Domestic Partnership with the Secretary of State. Requires health facilities to allow a patient's domestic partner and relatives of a domestic partner to visit with the patient.
(Died on Assembly Inactive File)
AB 260 (Alby-R) Domestic violence
Prohibits a parent from being granted custody of a child if the parent is convicted of murdering the other parent, except in cases where the convicted parent's sentence is reduced based on a finding of battered spouse's syndrome or some other cause and, in those cases, creates a rebuttable presumption that an award of custody to the convicted parent would be detrimental to the best interests of the child. Specifies factors to be considered by the court in determining if the rebuttable presumption has been overcome.
(Died in Assembly Judiciary Committee)
AB 427 (Knox-D) Public employees health benefits: domestic partner
Includes "domestic partner," as defined, within the definition of "family member," as specified, and authorizes any state or local employer to offer health benefits to the domestic partners of all of its employees and annuitants.
(Died in Assembly Appropriations Committee)
AB 435 (Ducheny-D) Community property
Permits a party to encumber his or her interest in the community real property to secure a loan for any purpose after the dissolution proceeding has commenced but prior to the final disposition of the community estate.
(Died on Assembly Inactive File)
AB 795 (Honda-D) Supervised visitation and exchange programs
Authorizes the friend of the court or the family law division of the superior court in each county to establish and administer a supervised visitation and exchange program. Authorizes that the funding received from federal grants for custody and visitation programs be designated for funding supervised visitation and exchange services for low-income families.
Vetoed by the Governor
AB 907 (Ortiz-D) Child support
Establishes the Division of Child Support Enforcement in the Administrative Adjudications Division of the State Department of Social Services, and provides for the administrative adjudication of child support obligations. Establishes procedures for hearings to establish child support and paternity, the enforcement and modifications of support obligations so established, and for judicial review of final orders issued by an administrative law judge.
(Died in Assembly Judiciary Committee)
AB 913 (Runner-R) Marriage dissolutions: reports to Judicial Council
Requires the clerk of the superior court in each county to report annually to the Judicial Council the number of each of those judgments entered in the county and, subject to a specified condition, the number of each of those judgments entered in the county that include child custody, visitation, or support orders, as specified; and requires the Judicial Council to compile that information and publish a report detailing the statewide statistics annually.
Chapter 225, Statutes of 1998
AB 960 (Wright-D) Enforcement of support orders
Prohibits a support obligor from being held in contempt or subject to criminal prosecution for nonpayment of support payments withheld from the obligor's earnings but not received by the obligee. Requires the district attorney to take action to collect the withheld sums from the employer. Specifies that the employer who willfully fails to withhold or forward support is also liable for interest on the support. Requires a court, in cases of unemployment, to make an order modifying or terminating a child support order retroactive to either the date of filing the motion or the date of unemployment, whichever is later.
Chapter 854, Statutes of 1998
AB 1059 (Migden-D) Domestic partners
Requires health plans and health insurers that offer group coverage benefits to the dependents of an employee or subscriber to offer those benefits on the same terms to a domestic partner, as specified.
Vetoed by the Governor
AB 1094 (Assembly Judiciary Committee) Marriage ceremonies: elected officials
Adds to the list of persons who may solemnize a marriage a legislator or constitutional officer of this state, or a member of Congress from this state, while that person holds office.
Chapter 932, Statutes of 1998
AB 1222 (Wright-D) Parental rights: rape
Expressly authorizes the mother of a child that is conceived as a result of a rape to bring an action to terminate the man's parental rights with regard to that child where he has been convicted of the rape, and there is a conclusive presumption that the man is unfit as a parent. Includes rape in the list of crimes for which a parent shall be denied custody and unsupervised visitation of a child, where the child was conceived as a result of the conviction, unless the court finds that there is no significant risk to the child.
Chapter 594, Statutes of 1997
AB 1361 (Thompson-R) Dependent children
Requires a social worker, before taking a minor into custody, to notify the minor's parent, guardian, or caretaker that the child may stay in the home only if the alleged perpetrator voluntarily agrees to sign a self-restraining order preventing him or her from any contact with the child unless supervised by an appropriate child protective agency or as otherwise specified in the order. Punishes any person who violates a self-restraining order by imprisonment in a county jail for up to one year. Authorizes a child to be taken into custody despite a valid self-restraining order at any time the state can prove by a preponderance of the evidence that the child is in a life-threatening situation. Provides that any child taken into custody pursuant to these provisions shall be placed with a non-live-in guardian, if available, who is willing to take the child and has no violent criminal record or outstanding charge for any act of child abuse, molestation, or neglect unless the court finds clear and convincing evidence that this placement would be detrimental to the child.
(Died in Assembly Judiciary Committee)
AB 1396 (Alquist-D) Child support enforcement: contracts with state agencies
Declares that it is the policy of this state that anyone who benefits financially from or through the state shall be in compliance with his or her court-ordered child support obligations. Requires that every written contract in excess of $100,000 entered into between a contractor and a state agency contain certain acknowledgments by the contractor regarding the policy of the state regarding the importance of child and family support obligations, and a statement of compliance with all earnings assignment orders.
Chapter 899, Statutes of 1998
AB 1449 (Brown-D) Licensed marriage, family and child counselors: name change
Revises the titles "licensed marriage, family and child counselor," and "marriage, family and child counselor" to "licensed marriage and family therapist" and "marriage and family therapist," respectively. Takes effect July 1, 1999, and specifies that the changes in nomenclature apply to all statutes and regulations.
Chapter 108, Statutes of 1998
AB 1630 (Sweeney-D) Child support enforcement: contracts with state agencies
Requires any "service recipient" or "service provider," or anyone applying for a grant or loan from the state, to be entered into the new employee registry child support computer system to assist in the collection of any child support delinquency.
Vetoed by the Governor
AB 1632 (Ortiz-D) Child Safety and Family Violence Protection Act of 1998
Creates the Child Safety and Family Violence Protection Act of 1998, which establishes a pilot program in Kern, Sacramento, San Bernardino, and San Diego Counties, and other counties, to the extent funds are available, with the counties' consent, to provide for community- and neighborhood-based social service centers in specified areas. Specifies the services to be provided by the counties participating in the pilot program, and provides that the State Department of Social Services shall oversee the pilot program, evaluate and monitor its progress, and conduct an evaluation and make a report to the Legislature on at least an annual basis.
(Died in Senate Appropriations Committee)
AB 1645 (Torlakson-D) Custody and visitation orders
Requires the court to state its findings in writing or on the record when granting legal or physical custody of, or unsupervised visitation with, a child to a person who is required to register as a sex offender for an offense against a child, or who has been convicted of one of several enumerated offenses against a child.
Chapter 131, Statutes of 1998
AB 1654 (Aroner-D) Aid for adoption of children
Modifies provisions governing the Adoption Assistance Program by (1) removing a form of testing for purposes of eligibility, amount of payment, and overpayment, and (2) changing the renewal process to an assessment of the adoption assistance agreement.
Chapter 653, Statutes of 1998
AB 1666 (Alquist-D) Child support: state agencies: contracts
Requires every written contract between a contractor and a public entity to include a provision certifying that the contractor is in compliance with state and federal law as it pertains to specified child support enforcement requirements.
(Died in Senate Judiciary Committee)
AB 1682 (Ortiz-D) Child support enforcement: contracts with local agencies
Requires all persons who contract with a county, city, district, or other political subdivision, or receive a loan or grant from one of these local agencies, to be included in the state's new employee registry for the purposes of child support collection.
Vetoed by the Governor
AB 1772 (Olberg-R) Fishing licenses
Extends to sport and fishing licenses the requirement that any person who owes child support be denied licenses.
(Failed passage in Senate Appropriations Committee)
AB 1794 (Runner-R) No-fault divorce
Alters California's no-fault divorce laws by bringing the concept of "fault" back into the community property division and distribution process.
(Failed passage in Assembly Judiciary Committee)
AB 1884 (Cedillo-D) Proceedings involving minors: interpreters
Requires Judicial Council to establish a one-year pilot project beginning July 1, 1999 in at least two counties, including Los Angeles County, for the purpose of providing that in any child custody proceeding the court will appoint an interpreter at court expense if one or both parties is unable to participate due to lack of English proficiency and inability to pay for the cost of an interpreter.
Chapter 981, Statutes of 1998
AB 1890 (Kuehl-D) Children's surnames
Requires the court, upon request of a party to a marital dissolution or nullity, to hyphenate the child's last name to include the party's name.
(Died in Assembly Judiciary Committee)
AB 1961 (Aroner-D) Grievances: D.A.'s child support enforcement services
Provides custodial and noncustodial parents the right to a state fair hearing to address grievances when the State Department of Social Services or a state or county agency related to child support is handling the parents' child support case, and the parent claims that certain actions have occurred or failed to occur. Double-joined with AB 2169.
Vetoed by the Governor
AB 2014 (Kuehl-D) Child support
Requires any service-recipient, as defined, who makes or is required to file a federal tax information return with regard to certain payments made to a service-provider, as defined, to report specified information to the State Department of Social Services regarding those payments. Provides that this information may be released only for certain purposes, including establishing, modifying, or enforcing child support obligations and collections and tax enforcement.
(Died in Senate Judiciary Committee)
AB 2037 (Kuehl-D) Child support: health insurance
Makes health insurance more readily available to children by redefining child support and establishing a health insurance plan for children receiving child support enforcement services from the district attorney.
(Died in Assembly Judiciary Committee)
AB 2093 (Morrissey-R) Child support enforcement
Establishes an administrative process for the adjudication of child support obligations.
(Died in Assembly Judiciary Committee)
AB 2094 (Morrissey-R) Child support enforcement
Moves the state's "IV-D agency" (the agency which is responsible for the state's child support program) from the State Department of Social Services to the California Franchise Tax Board (FTB) and places all of the obligations to run the state's child support enforcement program in the hands of the FTB.
(Died in Assembly Judiciary Committee)
AB 2169 (Kuehl-D) Child support
Contains several provisions needed to bring California in compliance with federal law relative to child support.
Chapter 858, Statutes of 1998
AB 2196 (Washington-D) Adoption of dependent children: contact with siblings
Enacts procedures to facilitate postadoptive sibling contact for siblings who are adopted.
Chapter 1072, Statutes of 1998
AB 2207 (Escutia-D) Family law information centers
Creates, in up to three pilot project courts, family law information centers to provide factual information to unrepresented low-income litigants in family court proceedings.
Chapter 721, Statutes of 1998
AB 2209 (Honda-D) Visitation rights: stepparents and grandparents
Authorizes the court to grant visitation rights to stepparents if the court (1) finds the visitation to be in the best interest of the child due to a preexisting relationship and bond between the stepparent and child and (2) balances specified interests of the child and the birth parents. Creates rebuttable presumptions affecting the burden of proof that visitation is not in the best interest of the child if specified conditions exist. Authorizes the court, when granting stepparent visitation, to take the visitation time of the stepparent into account for purposes of calculating child support and to order the parent or stepparent to pay support, as defined to include specified costs relating to visitation, for the child during visitation.
(Died in Assembly Judiciary Committee)
AB 2286 (Scott-D) Foster parent and caregiver adoptions
Streamlines the process for relative caregivers or foster parents to adopt a child with whom the child has lived for a minimum of six months by eliminating some of the existing factors which are reviewed for adoptions.
Chapter 983, Statutes of 1998
AB 2304 (Runner-R) Minors: placement: foster care and adoption
Revises provisions relating to interethnic adoptions and foster care placement of minors to conform state law to the federal Small Business and Job Protection Act of 1996 [P.L. 104-188].
(Died in Assembly Judiciary Committee)
AB 2343 (Woods-R) Automated welfare systems
Expands to an unknown number of counties a previously small exemption from mandatory participation in the California Franchise Tax Board's delinquent child support collection program.
(Failed passage in Assembly Judiciary Committee)
AB 2386 (Bordonaro-R) Children: incarcerated parents
Provides that no person shall be granted custody of, or unsupervised visitation with, a child if the person has been convicted of murder in the first degree, and the victim of the murder was the other parent of the child who is the subject of the order, unless the court finds that there is no risk to the child's health, safety and welfare, and states its reasons in writing or on the record.
(This bill is identical to AB 2745 (Cardoza), and becomes operative only if AB 2745 is also enacted and becomes effective on or before January 1, 1999.)
Chapter 705, Statutes of 1998
AB 2714* (Ducheny-D) Indian Child Welfare Act
Prohibits the court from using the "existing Indian family doctrine" in determining the best foster care or adoption placement for an Indian child and requires application of the federal Indian Child Welfare Act for all Indian children, thereby precluding the best interest of the individual child as the paramount consideration to be used by California courts.
(Failed passage in Assembly Judiciary Committee)
AB 2745 (Cardoza-D) Children: incarcerated parents
Provides that no person shall be granted custody of, or unsupervised visitation with, a child if the person has been convicted of murder in the first degree, and the victim of the murder was the other parent of the child who is the subject of the order, unless the court finds that there is no risk to the child's health, safety and welfare, and states its reasons in writing or on the record.
(This bill is identical to AB 2386 (Bordonaro), and becomes operative only if AB 2386 is also enacted and becomes effective on or before January 1, 1999.)
Chapter 704, Statutes of 1998
AB 2773 (Assembly Human Services Committee) Public social services: foster care, adoption, enforcement
Conforms state law to Public Law 105-89 of the federal Adoptions and Safe Families Act which expedite permanency for foster children. Appropriates $330,000.
Chapter 1056, Statutes of 1998
AB 2779* (Aroner-D) Child support
Establishes the California Child Support Automation to replace the failed Statewide Automated Child Support System (SACSS) and identify how federal penalties resulting from the SACSS failure will be shared between the state and counties. The system will consist of four linked consortia systems (i.e., up to seven if the federal government invites a plan for more systems) and brings California into compliance with federal law by September 30, 2001.
Chapter 329, Statutes of 1998
Civil Law
SB 19 (Lockyer-D) Mediation
Deletes the sunset date on existing law authorizing the submission of mediation of all at-issue civil cases contained in a pilot project in Los Angeles county.
Chapter 618, Statutes of 1998
SB 82 (Johnson-R) Civil liability
Provides that the proprietor of a business, and specified other persons, do not have a duty to comply with the demands of a person perpetrating or attempting to perpetrate a crime by threatening to inflict injury or harm to a patron or other person on the premises.
(Died in Senate Judiciary Committee)
SB 96 (Johnson-R) Obligations
Creates a further exception in the law concerning presumption of joint liability in an action arising out of the sale, transfer, lease, or exchange of real property, by providing that the liability of a defendant for economic damages shall be several only and not joint, if the defendant's apportioned share of fault is less than the plaintiff's.
(Died in Senate Judiciary Committee)
SB 177 (Kopp-I) Best evidence rule
Repeals the best evidence rule, which requires the original of a writing to be offered in evidence to prove the content of the writing, and replaces it with the secondary evidence rule which provides that the content of a writing may be proved by otherwise admissible secondary evidence.
Chapter 100, Statutes of 1998
SB 232 (Brulte-R) Liability
Provides that a person has only several liability, as specified, and not joint and several liability, for economic losses based on acts or omissions of persons rendering services, other than losses arising from personal injury, property damage, or wrongful death, except as specified.
(Died in Senate Judiciary Committee)
SB 262 (Burton-D) Damages: privacy
Creates a statutory cause of action for invasion of privacy and constructive invasion of privacy, expanding paparazzi-like conduct.
Chapter 1000, Statutes of 1998
SB 289 (Calderon-D) Warranties: motor vehicle manufacturers
Makes numerous changes generally expanding the provisions of the "lemon law", including creating a separate set of rules for a safety impaired vehicle, allowing consumers to more actively participate in arbitration proceedings, and expanding the lemon law into vehicles purchased by businesses, as specified. Redefines numerous terms in the Song-Beverly Consumer Warranty Act to include new motor vehicles, as specified.
(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
SB 414 (Maddy-R) Real estate contracts
Provides that parties to a real estate contract who bring claims based upon specified patent vs. latent deficiencies are subject to unspecified mandatory mediation provisions.
(Died in Senate Judiciary Committee)
SB 446 (Knight-R) Volunteer physicians and surgeons: immunity from liability
Provides qualified immunity from liability for personal injury or wrongful death to any physician and surgeon who "in good faith" and without compensation to consideration renders "voluntary medical services," as defined, at an emergency shelter or at transitional housing, as defined.
(Died in Senate Judiciary Committee)
SB 647 (Brulte-R) Environmental requirements
Prohibits the assessment of any civil or administrative sanction, including any civil penalty or fine, against any person who, as the result of conducting required monitoring, fully discloses a minor violation, as defined, of an environmental requirement, as defined, to the regulatory agency having jurisdiction over the matter disclosed.
(Died in Senate Judiciary Committee)
SB 778 (Haynes-R) False claims actions
Provides that existing provisions of law requiring the State Attorney General to bring action for false claims do not apply or extend to tort claims and actions against public entities and public employees, specified construction claims from public works projects, the arbitration of public works contracts claims, any claim made pursuant to other statute or law, and any claim made in the course of any litigation, arbitration, or other formal adjudicatory proceedings.
(Died in Senate Judiciary Committee)
SB 1002 (Brulte-R) Vehicles
In a third-party action for personal injury arising out of the operation or use of a motor vehicle, reduces the recovery by amounts paid as a medical payment benefit under a policy of motor vehicle insurance.
Requires the mutual exchange of information in connection with third-party claims that seek or contest a claim for money damages arising from a motor vehicle accident.
Permits the use of a medical injury profile as evidence in a third-party action involving bodily injury on and after January 1, 1999.
(Died in Senate Judiciary Committee)
SB 1018 (Leslie-R) Private property: illegal dumping
Provides that in any case involving illegal dumping or littering of waste material on private property located adjacent to a public road, highway, or right-of-way without the consent of the private property owner, the private property owner is neither liable for the cost of for cleanup of the illegally dumped or littered waste material, nor does he/she have a duty to provide for such cleanup.
(Died in Senate Judiciary Committee)
SB 1173* (Vasconcellos-D) Liability: disclosure of Year 2000 information
Provides limited immunity from liability for solutions to the year 2000 computer date failures disseminated in good faith.
Chapter 860, Statutes of 1998
Similar legislation was SB 2000 (McPherson-R), which failed passage in Senate Judiciary Committee.
SB 1252 (Calderon-D) Defamation: damages
Provides that punitive and general damage awards may be recovered by a plaintiff in a case of libel by newspaper or slander by radio upon a showing of plain malice (rather than actual malice), and without having to first demand and then receive a retraction. Splits such punitive damage awards 50% to the plaintiff, and 50% to the General Fund for literacy programs.
Provides that a person who engages in a pattern of publishing or broadcasting defamatory statements shall be liable for a civil penalty not to exceed $250,000 for each violation.
(Died in Senate Appropriations Committee)
SB 1327 (Knight-R) Liability: recreational activities
Deems bicycling or walking on or next to the bicycle path located alongside the California Aqueduct to be a hazardous recreational activity for purposes of adding to the list of activities that a public entity is liable for injury.
(Died in Senate Judiciary Committee)
SB 1342 (Lockyer-D) Small claims court: automobile accidents
Authorizes a small claims court to hear auto accident cases involving an amount in controversy of $5,001 to $10,000. Allows attorneys to represent clients in these small claims court cases, but would cap any contingency fee to 25% unless the court awards a higher fee. Provides for sanctions for a meritless appeal of an award from these small claims cases.
(Died in Assembly Judiciary Committee)
SB 1348 (Senate Business And Professions Committee) Tobacco advertising: civil penalties
Provides for civil penalties for advertising tobacco products within 1,000 feet of a school or playground. Reinstates the provisions of AB 752 (Migden-D) of 1997, which were chaptered out by SB 68 (Kopp-I) of 1997.
Chapter 790, Statutes of 1998
SB 1379 (Hayden-D) Invasion of privacy: paparazzi
Creates a civil cause of action for harassing persons who are public figures or are the subject of media interest.
Creates a civil cause of action for physically approaching a public figure or subject of media interest for the commercial purpose of videotaping or photographing that person in a manner that causes the plaintiff to reasonably expect physical harm or emotional distress to children or family members present.
Creates an affirmative defense for both torts if there was a substantial, overriding public interest which could not be achieved in a less intrusive way.
(Died in Senate Judiciary Committee)
SB 1388 (Knight-R) Real property: eminent domain
Overturns a California Superior Court case to provide that in a partial takings case an owner is entitled to compensation for injury to the remainder of the property, reduced only by "special benefits" to the remainder.
(Failed passage in Senate Judiciary Committee)
SB 1394 (Solis-D) Civil law
Requires on and after July 1, 1999, a landlord of a building or complex with 16 or more units to install specified locks on doors to common areas and to install lighting in hallways, parking areas, walkways, stairways, and main entrances.
(Died in Senate Judiciary Committee)
SB 1487 (Rainey-R) Probate
Makes minor changes to the California Probate Code to increase certain limits on the just compensation and accounting obligations of public guardians, conservators and administrators.
Chapter 103, Statutes of 1998
SB 1511 (Haynes-R) Civil procedure: sanctions
Extends the sunset provisions on Code of Civil Procedure Section 128.7, which authorizes the court to impose sanctions on attorneys for the filing of frivolous lawsuits and motions, to January 1, 2003.
Chapter 121, Statutes of 1998
SB 1536 (Brulte-R) Liability
Provides that service providers have only several liability, and not joint and several liability, for economic losses based on negligent acts or omissions in "rendering services."
Provides that a service provider's several liability be calculated based on the percentage of his/her fault.
(Died in Assembly Judiciary Committee)
SB 1556 (Kopp-I) Civil actions: nonsuits: reconsideration
Makes two changes in the Civil Procedure laws:
- Specifies that a defendant's motion for nonsuit may not be made prior to the completion of plaintiff's opening statement, or prior to the plaintiff's introduction of evidence in a jury trial and specifies the intent of the Legislature in this regard.
- Expressly applies Code of Civil Procedure Section 1008, relating to applications for reconsideration of a court order, to interim court orders.
Chapter 200, Statutes of 1998
SB 1620* (Haynes-R) Nuisance: shooting ranges
Clarifies the authority of local public entities to regulate nighttime shooting.
Chapter 141, Statutes of 1998
SB 1638 (Kopp-I) Courts: filing fees
Applies the same filing fee for the first paper in a civil action or superior and municipal court proceeding to an individual party and parties filing jointly, rather than a filing fee for each party.
Specifies the first paper filing requirements do not apply to an application for an order authorizing compromise of a minor's claim or an answer or other responsive pleading intended solely to notify other parties to the action and the court that the matter has been stayed pending the determination of filing party's bankruptcy petition.
Specifies an answer and cross-complaint filed as a single document constitutes a single "first paper" for the filing party.
(Died in Assembly Appropriations Committee)
SB 1661* (Haynes-R) Settlement offers: Riverside and San Bernardino Counties
Re-establishes, until January 1, 2001, pilot projects in Riverside and San Bernardino counties that allow the court to award attorney fees in certain civil actions against a party who refuses a formal offer to settle and then fails to obtain a more favorable judgment at trial. Personal injury, eminent domain, class action, or injunctive relief actions are not covered in the pilot.
Requires the Judicial Council to report on the impact and effectiveness of the pilots to the Legislature on or before March 1, 2000.
Chapter 385, Statutes of 1998
SB 1707 (Rainey-R) Safekeeping of property
Prescribes standards for the receipt and disposition of personal property being temporarily held by a public agency for safekeeping.
Chapter 540, Statutes of 1998
SB 1759 (Ayala-D) Liens and encumbrances
Establishes new and expedited remedies for removing a lien or other encumbrance against a public officer or employee, where the lien or encumbrance was filed or recorded, knowing it was false, with the intent to harass the officer or employee or influence or hinder the public officer or employee in discharging his or her official duties. Provides that the public officer or employee is able to request attorneys fees and costs, and the lien or encumbrance claimant is subject to a fine of up to $5,000.
Amends SB 2154 of the 1997-98 Regular Session (this section), enacted as Chapter 211 of the Statutes of 1998, which prohibits a person from filing a lawsuit or recording or filing a lien or other encumbrance, against a public officer or employee, knowing it is false, with the intent to harass the officer or employee or influence or hinder the public officer or employee in discharging his other official duties, by specifying that an encumbrance includes, but is not limited to, notice of lis pendens.
Chapter 779, Statutes of 1998
SB 1777 (Calderon-D) Defamation: privacy: damages
Revises the way in which the recovery of damages in defamation suits are to be divided. Defines invasion of privacy and provides a cause of action therefor. Prohibits photographing or videotaping or otherwise obtaining information for broadcast purposes from a person requiring emergency services without obtaining the person's signed, written permission. Prohibits use of concealed electronic equipment for such purposes, and allows emergency service agencies to have camera operators accompany them in the line of duty only if the operators agree in writing, as specified.
(Died in Senate Judiciary Committee)
SB 1785 (Hayden-D) Stray animals: duties of pounds and shelters
Provides that public and private animal shelters are subject to the same anti-cruelty statutes as private citizens who take possession of a stray dog or cat. It also requires that animal shelters:
- Keeps animals for a minimum of three business days before they are put up for adoption and a minimum of six business days before they are euthanized.
- Makes animals available to non-profit rescue societies or adoption organizations free of charge, excluding reasonable spay or neuter costs.
- Maintains accurate records of all animals turned over to the shelter, from the time of possession.
- Keeps and provides for any legally ownable pet.
- Makes reasonable efforts to contact the owner of an animal in its possession and to inform him/her of recovery procedures.
Also provides that it is the policy of the state that no adoptable animal should be euthanized.
Chapter 752, Statutes of 1998
SB 1792 (Mountjoy-R) Contractors: arbitration of disputes
Increases the monetary cap on cases that may be submitted to the State Contractors Licensing Board's voluntary arbitration program from its current maximum of $25,000, to a maximum of $50,000.
Chapter 492, Statutes of 1998
SB 1841 (Burton-D) Liability: breach of trust or duty
Extends the time a joint debtor may seek contribution or repayment to within 30 days after a judgment is satisfied in full. Provides that if a joint bond is furnished when two or more persons are appointed as a personal representative, the liability on the bond is joint and several. Authorizes the court to excuse personal representatives, trustees, guardians or conservators from liability for the interest from a breach of a fiduciary duty where those persons acted reasonably and in good faith under the circumstances known to them at the time.
Chapter 77, Statutes of 1998
SB 1862 (Dills-D) Keeper fees
Increases the maximum rate of compensation allowable for keepers (private contractors who take custody of property pursuant to a court order). Specifically, this bill:
- Raises keeper fees from their existing level of $75 to no more than $100 for every eight hours worked.
- Raises the maximum compensation rate keepers receive for 24 hours of work from $150 to $175.
- Raises the maximum rate keepers receive for preparing a not-found return from $21 to $25.
- Provides $10 per diem for keepers for meals and mileage traveled.
Chapter 160, Statutes of 1998
SB 1865 (Maddy-R) Contracts: statute of frauds
Allows the enforcement of certain business-to-business (not individual) financial transaction agreements without the necessity of a written contract, if sufficient evidence of the agreement is produced.
Chapter 78, Statutes of 1998
SB 1876 (Kopp-I) Public employee liability
Provides public defenders with the same immunity from malpractice suits provided public prosecutors under Government Code Section 820.2.
Vetoed by the Governor
SB 1899 (Mountjoy-R) Unlawful detainer
Repeals the requirement for service of a writ of possession on a tenant or the tenant's property before the sheriff or marshal can evict the tenant and occupants of the property pursuant to an unlawful detainer.
(Died in Senate Judiciary Committee)
SB 1901 (McPherson-R) Guardianship: kinship guardians: financial aid program
Requires the court to terminate its dependency jurisdiction over any child for whom a legal guardianship with a relative has been established. Establishes the Kinship Guardianship Assistance Payment program to provide financial assistance for children who, after being adjudged dependent children of the juvenile court, are placed in legal guardianship with a relative.
Chapter 1055, Statutes of 1998
SB 1910 (Haynes-R) Civil Rights: exemption of voluntary associations
Provides exemption from the Unruh Civil Rights act for any voluntary association or not-for-profit organization whose primary activities are programs for minors.
(Failed passage in Senate Judiciary Committee)
SB 1938 (Calderon-D) Children's Privacy Act of 1998
Prohibits an individual, firm, partnership, corporation, or association from disclosing, selling, renting, exchanging, or otherwise releasing personal information about children and their families for commercial or trade purposes without their consent. Prohibits any of those entities from conditioning any sale, service, or other thing of value to a child or to a parent or guardian, on the granting of consent to disclose personal information. Provides that a violation of these or any of the other prohibitions of the bill would be a misdemeanor punishable by a fine of up to $10,000 for a first violation and up to $25,000 for a subsequent violation.
Authorizes the Attorney General to petition for an injunction against an entity that unlawfully discloses personal information, and creates a cause of action for a person who has been harmed by the unlawful disclosure of personal information.
(Died in Senate Judiciary Committee)
SB 1939 (Alpert-D) Commencement of actions: domestic violence
Provides that in any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action would be within three years of the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant within three years from the date of the last violent act against the plaintiff by the defendant.
Chapter 123, Statutes of 1998
SB 1988 (Craven-R) Disclosures: mobilehomes
Postpones for one year the effective date of the requirement that the seller of a used manufactured home that is classified as personal property provides the purchaser with a "Manufactured Home and Mobilehome Transfer Disclosure Statement."
Chapter 693, Statutes of 1998
SB 2000 (McPherson-R) Government immunity: 2000 (Y2K) computer errors
Establishes immunity from liability for government agencies and employees for any harm caused by Y2K computer errors. The bill and its immunity provisions sunset January 1, 2006.
(Failed passage in Senate Judiciary Committee)
Similar legislation was SB 1173* (Vasconcellos-D), which became Chapter 860, Statutes of 1998.
SB 2024 (Rainey-R) Collectibles
Expands the certificate of authenticity requirements for collectibles.
Chapter 494, Statutes of 1998
SB 2115 (O'Connell-D) Escheat
Revises the law governing the "escheat" (reversion of property to the state) of bank accounts. Specifically, this bill:
- Lengthens the escheat period for bank accounts and other specified accounts from three years to five years.
- Provides that when a customer owns another deposit or account within the same banking organization that is active and not subject to escheat, other accounts with that same institution will not escheat.
(Died in Assembly Appropriations Committee)
SB 2117 (Brulte-R) Preservation of evidence by insurers
Provides that, in a civil action for spoliation of evidence, no duty exists on an insurer to preserve physical evidence in the absence of a specific written request to do so. Requires the requesting party to hear all relevant costs in connection with the preservation of evidence.
(Died in Senate Judiciary)
SB 2145 (Maddy-R) Depositions
Requires that a court reporter continue taking testimony until the party conducting the deposition and the deponent agree to suspension, or unless one of the parties demand the proceeding adjourn in order to seek a motion for a protective order.
Expands the written notice of a deposition to include whether instant visual display technology will be requested for use.
Removes redundant language regarding the procedure for certifying an official transcript of testimony which includes corrections.
Chapter 875, Statutes of 1998
SB 2154 (Schiff-D) Public officials: harassment: records
Prohibits the filing or recording of a knowingly false lawsuit, lien, or other encumbrance against a public officer or employee, which was filed or recorded with the intent to harass the officer or employee or influence or hinder the public officer or employee in discharging his/her official duties.
The prohibition applies only to lawsuits, liens, or other encumbrances pertaining to actions that arise in the course and scope of the public officer's or employee's duties.
Provides that a person who violates the provisions of this bill would be liable to the person subject to the lawsuit, or the owner of the property bound by the lien or other encumbrance for a civil penalty not to exceed $5,000.
Chapter 211, Statutes of 1998
SB 2176 (Lockyer-D) Civil rights: law enforcement
Requires the Civil Rights Enforcement Unit of the State Department of Justice to investigate complaints and prosecute civil rights complaints in California's employment, education, and business practices in the name of the people.
Vetoed by the Governor
SCR 65 (Kopp-I) California Law Revision Commission
Authorizes the California Law Revision Commission to continue its study of topics selected by the Legislature.
Resolution Chapter 91, Statutes of 1998
SCR 82 (Johannessen-R) Bill of Rights Day
Declares December 15, 1998 and every December 15 thereafter, as Bill of Rights Day. Encourages all California governmental bodies to observe the day in a manner that brings to mind its meaning and importance. Declares that the Bill of Rights be read in all public schools, government meetings, and courtrooms on December 15. Requires the Bill o Rights to be read aloud, in its entirety, in both houses of the Legislature on the 1st legislative session day following December 15.
Resolution Chapter 115, Statutes of 1998
AB 50 (Murray-D) Personal information: unlawful use
Declares that no person other than a law enforcement agency or government agency acting in a manner required or authorized by current law, may collect a biometric identifier without the consent of the individual. For those persons (businesses) who do obtain consent, the person's collection or use of a biometric identifier may not discriminate against any individual or community. No person is able to store or provide biometric identifiers to third parties unless the data was encrypted, and the person would not be allowed to share the encryption code with third persons.
Allows biometric verification or identification to be used as a condition for commencing or completing a commercial transaction, if either a notice of the policy was posted, or the business or person obtained the advance consent of the individual.
Penalty for violation is actual damages plus attorneys fees, in addition to any other remedy available at law. Injunctive relief is available, and civil penalties of $5,000.
(Died in Senate Rules Committee)
AB 128* (Morrow-R) Electronic recording
Authorizes the Judicial Council to adopt rules to permit any court to utilize audio and video recording as a means of producing a verbatim record. Requires the Judicial Council to adopt rules to apportion the half-day fee to be charged when the court provides verbatim recordkeeping services by means of a certified shorthand reporter.
(Died in Assembly Public Safety Committee)
AB 185* (Papan-D) Interpretation of contracts
Assures the enforceability of specified international financial contracts by clarifying the mediums of payment replaced by the euro.
Chapter 62, Statutes of 1998
AB 493 (Brown-D) Name changes: procedure
Exempts victims of domestic abuse from having his/her name published when he/she requests a legal name change.
(Died in Senate Judiciary Committee)
AB 630 (Richter-R) Tenancies: unclaimed personal property
Allows a landlord to keep for his/her own use, or to sell and retain the sale proceeds of, personal property left behind by a vacating tenant if the landlord reasonably believes the property is worth less than $400.
(Died in Senate Judiciary Committee)
AB 698 (Davis-D) Unclaimed property
Requires the State Controller to adopt guidelines and forms to assist the public and govern the activities for the escheat of unclaimed personal property.
Chapter 1029, Statutes of 1998
AB 707 (Ackerman-R) Real property: restrictions
Repeals Section 1464 of the Civil Code, which provides that a covenant affecting something not in being does not run with the land unless the word "assigns" is mentioned. Provides that the statutory limitation period applicable to enforcement of a restriction on real property is five years.
Chapter 14, Statutes of 1998
AB 734 (Brown-D) Tobacco: availability to minors
Continues the current funding arrangement for support of enforcement of laws limiting minors' access to tobacco products.
Chapter 648, Statutes of 1998
AB 804 (Baugh-R) Civil actions
Amends existing law relative to reasonable attorney's fees in instances where a party fails to accept an offer and fails to obtain a more favorable judgment.
(Died in Assembly Judiciary Committee)
AB 843 (Goldsmith-R) Summary judgment
Makes it easier to file, and to grant, motions for summary judgment and for summary adjudication by changing the standard for granting such motions from "no triable issue as to material fact" to "no genuine issue as to any material fact," and by permitting such motions to be filed without supporting affidavits or declarations.
(Died in Assembly Judiciary Committee)
AB 905 (Miller-R) Civil commitments
Establishes a new civil commitment procedure for people charged with specified felonies who are mentally incompetent to stand trial.
(Died in Assembly Appropriations Committee)
AB 918 (Floyd-D) Discovery
Provides that a pending motion or the failure to file a particular motion or pleading does not itself constitute a basis for a court order restricting the use of a selected discovery method.
(Died in Assembly Judiciary Committee)
AB 919 (Floyd-D) Discovery sanctions
Provides that it is a misuse of the discovery process to fail to produce documents or other information within the party's possession, custody, or control at the time the responses are due or at a later time agreed upon by the parties.
(Died in Senate Judiciary Committee)
AB 1070 (Campbell-R) Design professionals: indemnification
Prohibits a public entity from using contractual indemnity provisions in a public works contract to require the contracting design professional to hold harmless the public entity from any liability, damages, and litigation costs, including attorney's fees, except for damages and liabilities caused by the negligence or willful misconduct of the design professional.
Vetoed by the Governor
AB 1093 (Assembly Judiciary Committee) Arbitration
Revises the disclosure laws for persons selected to serve as a neutral arbitrator. Consolidates existing provisions and applies the disclosure requirements to all arbitrations, rather than just to arbitrations of "claims for damages." Revises the current disclosure requirement to protect the confidentiality of the names of private parties in prior arbitrations in which the proposed arbitrator must disclose his or her service, and clarifies that the disclosure must be made within 15 calendar days.
Chapter 445, Statutes of 1997
AB 1094 (Assembly Judiciary Committee) Civil actions
Makes various non-controversial changes to numerous sections of the Civil Law and Procedure Codes.
Chapter 932, Statutes of 1998
AB 1122 (Baugh-R) Liability: collateral benefits
Creates an exception to the collateral source rule by allowing a plaintiff to introduce evidence in a civil action showing that the plaintiff has, or may have, already collected insurance payment for medical expenses from his/her employer's workers compensation plan.
(Failed passage in Assembly Judiciary Committee)
AB 1176 (Pringle-R) Liability: auto accidents
States that no cause of action seeking general damages for accidental injury resulting from the use, operation, or maintenance of a motor vehicle may be filed until the court determines that the plaintiff has suffered a "serious injury," meaning death, serious impairment of bodily functions, or permanent serious disfigurement. Requires a court to order a plaintiff who fails to prove serious injury to pay the other party's costs.
(Died in Assembly Judiciary Committee)
AB 1199 (Alby-R) Disqualification of judges
Authorizes any party to, or any attorney appearing in, any such action or proceeding to exercise one peremptory challenge in lieu of the challenge for prejudice, subject to the same time limits.
Chapter 167, Statutes of 1998
AB 1220 (Migden-D) Negligence
Provides that the $250,000 limitation on the amount of damages for non-economic losses against a health care provider does not apply when the trier of fact finds that the health care provider took, or failed to take, certain specified actions.
(Died in Assembly Judiciary Committee)
AB 1274 (Goldsmith-R) Nuisance: prostitution activity
Expands the definition of "nuisance" to specifically include prostitution activity, which is defined as acts of prostitution, solicitation, and loitering for the purpose of prostitution.
(Died in Assembly Judiciary Committee)
AB 1323 (Martinez-D) Victims of crime: civil liabilities
Declares it unlawful to publish, disseminate, exhibit, display, circulate, print, distribute, televise, issue, or market a copy, reproduction, or facsimile of any kind of a photograph, instant photograph, videotape, negative, print, or internegative of the body, or any portion of the body, of a victim of crime, without the expressed written consent or waiver from a surviving victim, guardian or parent of a minor victim, or immediate family member of a deceased victim.
(Died in Assembly Judiciary Committee)
AB 1324 (Escutia-D) Summary judgment
Makes a number of changes to the rules governing motions for summary judgment and for summary adjudication to discourage the filing and granting of such motions.
(Died on Assembly Inactive File)
AB 1334* (Knox-D) Insurance: Holocaust victims
Permits Holocaust victims and their heirs or beneficiaries who reside in California to file suit in California against an insurer doing business in California or whose contacts with the state satisfy the requirements for imposition of personal jurisdiction, to recover proceeds due under a life, annuities, dowry, educational or casualty insurance policy which was sold directly by that insurer or through a related company to persons in Europe at any time between 1920 and 1945. Provides that the superior court in which the claim is filed shall have jurisdiction over that action until its completion or resolution.
Provides that any such action brought by a Holocaust victim or an heir or beneficiary shall not be dismissed for failure to comply with the statute of limitations if the action is filed on or before December 31, 2010. Provides that this provision applies to both resident and non-resident actions.
Chapter 43, Statutes of 1998
AB 1371 (Morrow-R) Civil actions: exemplary damages
Makes a number of changes to the procedures used in assessing punitive damages awards, and the standards to be applied in determining the amount of such awards, in an attempt to reduce the size of punitive damages awards.
(Died in Assembly Judiciary Committee)
AB 1409 (Baugh-R) Governmental tort liability
Changes the definition of "dangerous condition" for the purposes of governmental tort liability from a condition of property which creates a substantial risk of injury when that property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used, to also require that the property be used with due care by all persons necessary for that risk of injury to occur.
(Died in Assembly Judiciary Committee)
AB 1435 (Machado-D) Civil law: contract damages
Authorizes, until January 1, 2003, a three-year pilot program in Los Angeles County, and any other county that adopts a resolution of the county board of supervisors to participate in the pilot, to enhance the ability of businesses to collect a debt, and requires the Judicial Council to prepare a related report to the Legislature.
(Failed passage in Senate Appropriations Committee)
AB 1487 (Floyd-D) Business practices: injunctions
Permits the court to make orders or judgments necessary to prevent the use or employment of proceeds derived from an act or practice that constitutes unfair competition, or to disgorge money or property that may have been acquired by means of the unfair competition.
Provides that an inference of reliance on the part of every individual in a particular class of persons shall arise from findings of fact that a defendant or defendants practiced a deceit upon members of the class in the form of misrepresentation, omission, or suppression of material facts, or other fraudulent conduct.
Revises the definition of senior citizen for purposes of the act, increases the civil penalties, damages, and restitution authorized to be awarded a senior citizen or disabled person under the act, revises the conditions for a class action under the act, and revises the definition of prevailing party under the act.
(Died in Assembly Judiciary Committee)
AB 1500 (Thomson-D) Publication of victims' images
Subjects a person to both compensatory and exemplary (or punitive) damages for disseminating a photo, video or film image of an actual crime or its immediate aftermath, which causes actual damage to a victim of the crime.
(Died in Assembly Judiciary Committee)
AB 1517 (Vincent-D) Contracts
Provides that any provision in a telephone directory advertising contract that purports to limit the responsibility of the party offering to provide the advertising for that party's acts or omissions, whether willful or negligent, is unconscionable and contrary to public policy. Provides that a contract containing a provision to this effect is voidable at the option of the other party or parties to the contract, or alternatively, that the contract may be entered into and enforced without the unconscionable provision, as specified.
(Died in Assembly Judiciary Committee)
AB 1540 (Morrow-R) Equine activities: liability
Provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to, or the death of, a participant or equine resulting from the inherent risks of equine activities. Defines various terms for these purposes.
(Failed passage in Assembly Judiciary Committee)
AB 1617 (Baca-D) Religious Freedom Restoration Act
Establishes that the test for determining claims where religious exercise is offered as a defense will be the "compelling state interest test".
Vetoed by the Governor
Similar legislation was ACA 24 (Baca-D), which died in Assembly Judiciary Committee.
AB 1651 (Ortiz-D) Time of commencing action
Provides that the extended statute of limitations in childhood sexual abuse civil cases applies not only to the perpetrator of the crime, but also in an action for liability against any person or entity who owed a duty of care to the plaintiff, where negligence by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff. Provides that an action against any person or entity other than the sexual abuser would have to be commenced before the plaintiff's 26th birthday.
Chapter 1032, Statutes of 1998
AB 1683 (Kuykendall-R) Non-probate transfer of securities on death of owner
Allows the owner of securities to arrange for a non-probate transfer of those securities at death through use of a "registration of security in beneficiary" form.
Chapter 242, Statutes of 1998
AB 1688* (Torlakson-D) Community warning programs: liability
Immunizes a nonprofit organization which donates a community warning system to Contra Costa County from any liability from injuries resulting from the use and operation of the system. The immunity does not apply if the donor organization managed, maintained or operated the system after it had donated the system to Contra Costa County.
Chapter 444, Statutes of 1998
AB 1700 (Richter-R) Civil rights
Enacts the requirements of Proposition 209, which prohibits preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting.
(Failed passage in Assembly Judiciary Committee)
AB 1703 (Leach-R) Legal entities: partnerships & limited liability companies
Makes several changes to the laws governing the dissolution of partnerships and limited liability companies.
Chapter 243, Statutes of 1998
AB 1710 (Firestone-R) Liability: computer failures
Makes contract law the exclusive remedy in civil actions based on a computer date failure.
(Failed passage in Assembly Judiciary Committee)
AB 1813 (Ackerman-R) Trusts
Limits the statutory specificity relating to trusts and decreases responsibilities of trustees.
(Died in Assembly Judiciary Committee)
AB 1830 (Davis-D) Seller assisted marketing plans
Makes technical changes to the Seller Assisted Marketing Plan Act.
Chapter 595, Statutes of 1998
AB 1856 (Vincent-D) Dogs and cats: overpopulation: spaying and neutering
Requires all public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane shelters, and rescue groups in counties over 100,000 (and cities within those counties) to spay or neuter any dog or cat that it sells or gives away. If a dog or cat is injured or too sick to be spayed or neutered, it may be released to a person who pays a sterilization deposit and agrees in writing to have the animal sterilized.
Prohibits, for counties with populations under 100,000 (and cities within those counties), beginning on January 1, 2000, the public agency or shelter from releasing a dog or cat that has not been spayed or neutered, unless the party to whom the animal is released pays a sterilization deposit and agrees in writing to have the animal sterilized.
Imposes new fines and penalties upon owners of unspayed or unneutered dogs or cats which are impounded by an animal control agency, shelter or society. Imposes a $35 fine upon a first impoundment, and a $50 fine upon a second impoundment and $100 upon a third occurrence.
Provides that the provisions of this bill will go into effect on January 1, 2000 and sunset on January 1, 2006.
Chapter 747, Statutes of 1998
AB 1865 (Wildman-D) Governmental tort liability: peace officers
Provides that the surviving spouse or heirs of a peace officer killed in the line of duty shall not be held individually liable for any injury or death that resulted from an act or omission of a peace officer that occurs in his or her line of duty, including an act or omission not directly related to the officer's death, where the peace officer was slain in the line of duty.
Chapter 559, Statutes of 1998
AB 1888 (Honda-D) Mobilehome parks: evictions
Allows a mobilehome's legal owner (lienholder) to prevent eviction of a homeowner from a mobilehome park by payment of the homeowner's delinquent space rent upon receipt of a 60-day notice of termination by the mobilehome park.
Chapter 427, Statutes of 1998
AB 1912 (Ashburn-R) Attorneys' fees: prevailing public entities
Authorizes the award of attorneys' fees to a public entity, in a private attorney general action, if specified conditions are met.
(Failed passage in Assembly Judiciary Committee)
AB 1934 (Honda-D) Liability: computer failures
Specifies that in an action to recover damages resulting from a computer date failure, as defined, the damages recoverable for noneconomic losses shall not exceed $250,000.
(Died in Assembly Judiciary Committee)
AB 1947 (Runner-R) Consumer credit reporting
Increases the civil penalty to $5000 for persons who knowingly and willfully obtain access to a file, or date from a file retained by a consumer credit reporting agency under circumstances other than those allowed by law.
(Died in Assembly Banking and Finance Committee)
AB 1950 (Torlakson-D) Liability: construction defects: insurance defense
Modifies the holding of Levy v. Superior Court regarding the authority of counsel in a construction defect action to bind a party to a settlement, as specified.
Chapter 856, Statutes of 1998
AB 2020 (Thomson-D) Civil rights: housing: pets
Provides that governing documents of a common interest development cannot prohibit disabled individuals or individuals with medical needs from keeping a pet.
Vetoed by the Governor
AB 2023 (Gallegos-D) Flood control and water conservation: liability
Expands the limited liability protection for public water districts to cover irrigation district activities relative to water flows through unlined flood control channels when they are used to provide water to spreading grounds for water basin recharge. (The only district which fits this description is Los Angeles County Department of Public Works.) Requires the Los Angeles County Department of Public Works to create an annual report of injuries and civil claims filed for incidents within the unlined flood control channels and adjacent groundwater recharge spreading grounds, and to report to the Legislature the findings of those reports on or before January 31, 2001.
Sunsets January 1, 2002.
Chapter 659, Statutes of 1998
AB 2042 (Goldsmith-R) Public works: stop notices
Clarifies that a public agency may satisfy its duty to withhold funds pursuant to a stop notice, by refusing to release money held in escrow.
Chapter 111, Statutes of 1998
AB 2046 (Goldsmith-R) False claims actions
Authorizes a court in a false claims action to award a prevailing defendant its reasonable attorneys' fees and expenses if the court finds that the claim brought by the state or a political subdivision was clearly frivolous, clearly vexatious, or brought solely for purposes of harassment.
Chapter 154, Statutes of 1998
AB 2049 (Firestone-R) Validating proceedings
Revises the notice requirement for a validation proceeding in order to provide the public with more information as to the subject of the proceeding and the right to respond without fear of retaliation by the public agency.
Chapter 529, Statutes of 1998
AB 2069 (Kaloogian-R) Estates and trusts: protective proceedings
Provides for the annual omnibus bill by the Estate Planning, Trust and Probate Law Section of the State Bar. Contains numerous substantive provisions which: (1) allow practice administrators to take control of a deceased or disabled attorney's practice; (2) permit parties to agree to a non pro rata division of community property; (3) modify trustee notification provisions; and (4) provide certain protections from creditors for trust property.
Chapter 682, Statutes of 1998
AB 2086 (Keeley-D) Arbitration: attorneys
Allows out-of-state attorneys to represent a party in the course of, or in connection with, an arbitration in California when the out-of-state lawyer complies with the pro hac vice procedures for appearing in California, including the association of local counsel as the attorney of record.
Allows any person, including a non-lawyer or a out-of-state lawyer, to represent a party in an arbitration arising under collective bargaining agreements in industries or in provisions subject to either state or federal law.
Chapter 915, Statutes of 1998
AB 2095 (Ackerman-R) Governmental tort liability
Provides that in any action for personal injury, property damage, or wrongful death based upon principles of comparative fault in which a public entity or employee is a defendant or cross-defendant, the public entity or employee shall be liable only for that amount of economic damages allocated to that defendant in direct proportion to the public entity's or employee's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.
(Died in Assembly Judiciary Committee)
AB 2150 (Brewer-R) Depositions: computer-assisted transcription
Requires that a deposition notice include any intention to record oral testimony stenographically with instant access via computer display.
Requires that if any party seeks to use instant access via computer display technology, they must give a copy of the deposition notice to the court reporter.
Requires that all rough draft transcripts created with this technology be available to all parties, as specified.
Double-joined with SB 2145 (Maddy) and AB 1094 (Escutia).
Chapter 974, Statutes of 1998
AB 2157 (Ortiz-D) Judgments: liability: insurance carriers
Applies the "good faith settlement" law, currently applicable to a settlement by a joint tortfeasor or a co-obligor in tort or contract cases, to a settlement by one of several successive or concurrent insurers in contamination or pollution cases. Provides that a good faith settlement would relieve the settling insurer of any claim for equitable indemnity, contribution or subrogation made by another successive or concurrent insurer with respect to the claims made in a pollution case. Enacts procedures for determining the "good faith" of a settlement.
Vetoed by the Governor
AB 2190 (Cardenas-D) Unclaimed Property Holders Bill of Rights
Prohibits the State Controller from hiring contract or contingent fee auditors.
Provides that when the State Controller completes an examination, the holder of unclaimed property shall be notified of the results within 90 days. Provides that the records examined shall be closed and not subject to reexamination.
Authorizes the State Controller to enter into specified closing agreements with holders and negotiate with holders to settle disputes. Provides that if a person is subject to two penalties regarding the same property, only the greater penalty shall be paid.
Directs the State Controller to adopt regulations to establish an amnesty program.
Prescribes a four-year limitations period to audit a holder under specified circumstances.
(Died in Assembly Appropriations Committee)
AB 2248 (Poochigian-R) Local agencies: immunity
Provides a local agency with immunity from liability for contaminated properties that it acquired involuntarily.
(Died in Assembly Judiciary Committee)
AB 2269 (Granlund-R) Juries: construction defects
Requires jury site visitation in construction defect cases, at the request of either litigant.
(Failed passage in Assembly Judiciary Committee)
AB 2280 (Papan-D) Contractors: works of improvement
Requires an owner of property who contracts for any private work of improvement, other than single-family residences, in an amount exceeding $1 million to provide security for the project.
Vetoed by the Governor
AB 2314 (Papan-D) Car rentals: notices: damages waiver
Repeals for certain vehicles the $9 cap on optional collision damage waivers offered by rental care companies.
(Died in Senate Judiciary Committee)
AB 2410 (Shelley-D) Motor vehicles: reacquisition agreements
Prohibits the inclusion of a "gag order" in any agreement between a consumer and automobile manufacturer for the buy-back of a non-conforming automobile, also known as a "lemon".
Chapter 1063, Statutes of 1998
AB 2445 (Oller-R) Works of improvement: mechanic's liens
Provides that in an action to foreclose a mechanic's lien, the prevailing party may be entitled to have its reasonable attorneys' fees paid by the losing party.
(Died in Assembly Judiciary Committee)
AB 2446 (Morrow-R) Equine activities: limitation of liability
Limits the liability of persons who let other people use their horses, for profit or otherwise, for injuries caused by those horses.
(Failed passage in Assembly Judiciary Committee)
AB 2484 (Hertzberg-D) Civil actions: contract damages
Authorizes, until January 1, 2003, a three-year pilot program in Los Angeles County, and any other county that adopts a resolution of the county board of supervisors to participate in the pilot, to enhance the ability of businesses to collect a debt, and requires Judicial Council to prepare a related report to the Legislature.
(Failed passage in Senate Appropriations Committee)
AB 2511 (Morrow-R) Unfair practices: representative civil actions
Prohibits a person from bringing a further representative action on behalf of others similarly situated against the same defendant alleging the same wrongful conduct if the previous representative action is either tried or settled with court approval. Requires the court, before entry or modification of a judgment, to consider the showing made by the parties and any other person permitted to appear and to order an entry of judgment only if the court determines that specified requirements have been satisfied.
(Died in Assembly Judiciary Committee)
AB 2534 (Margett-R) Contractors: retention proceeds
Limits the percentage of the retention proceeds that may be withheld by a contractor from a subcontractor to the same percentage that may be withheld by the builder from the contractor at the start of the building contract. Applies to public and private construction contracts entered into on or after January 1, 1999. Provides that it would not apply if a contractor provides written notice to the subcontractor prior to the time the bid is requested and the subcontractor is unable or refuses to furnish to the contractor a bond issued by an admitted surety insurer.
Vetoed by the Governor
AB 2631 (Baugh-R) Limitation of actions: real property
Extends liability protection to cities and counties against claims of property damage arising out of latent defects.
(Failed passage in Assembly Judiciary Committee)
AB 2640 (Bowen-D) Internet service providers
Creates additional civil remedies recoverable by internet service providers for certain harmful actions without reference to criminal prosecutions, as defined. Provides that the remedy for these unauthorized acts is either the actual commercial value of the loss, or if the loss is difficult to calculate, statutory damages as specified. Provides for a specific additional remedy where the names or E-mail accounts of an internet service provider are seized and used without authorization.
(Died in Senate Judiciary Committee)
AB 2702 (Aroner-D) Civil rights: alteration of buildings: small claims action
Clarifies that Unruh Civil Rights Act actions, and actions based upon disability-based discrimination under $5,000 may be brought in small claims court. Clarifies that nothing in the Unruh Civil Rights Act may be construed to relieve building owners of their obligations under other existing laws to make their buildings accessible to people with disabilities.
Chapter 195, Statutes of 1998
AB 2718 (Mazzoni-D) Limitation of actions
Specifies that the decision of the court in McBrearty v. City of Brawley, 59 Cal. App. 4th 1441, 69 Cal. Rptr. 2d. 862 (4th Dist. December 15, 1997) the California 4th District Court of Appeals, shall not be applicable to extend any statute of limitations that has expired prior to February 15, 1998.
(Died on Assembly Inactive File)
AB 2724 (Cardenas-D) Judgments: exemptions
Provides that government public benefits payments and social security benefits made by direct deposit are included on the list of payments that are exempt from attachment by judgment creditors for up to $1,000 for one depositor, or $1,500 if two or more depositors share the account. Provisions of the bill would not take effect until January 1, 2000.
Chapter 290, Statutes of 1998
AB 2801 (Escutia-D) Omnibus bill for Family and Probate Codes
Provides for the annual omnibus family law and probate bill, which makes various technical and non-controversial changes to the Family, Probate and Civil Procedure Codes.
Chapter 581, Statutes of 1998
AB 2803 (Assembly Judiciary Committee) Maintenance of the codes
Makes various nonsubstantive, technical changes in various codes, as recommended by the Legislative Counsel's Office.
Chapter 485, Statutes of 1998
ACA 3 (Murray-D) Civil Rights Initiative of 1998
Expresses a finding regarding the diversity of the state's population. Amends the California Constitution by adding the Civil Rights Initiative of 1998, which would provide that, notwithstanding any other provision of state law, the state may take all actions, including the creation and implementation of any programs it deems necessary, designed to promote and enhance equal access and opportunities for public education, public employment, and public contracting, as specified.
(Died in Assembly Judiciary Committee)
ACA 24 (Baca-D) Free exercise of religion
Proposes an amendment to the State Constitution patterned after the federal Religious Freedom Restoration Act of 1993, recently found unconstitutional, with the goal of strengthening the free exercise of religion in California.
(Died in Assembly Judiciary Committee)
Similar legislation was AB 1617 (Baca-D), which was vetoed by the Governor.
Sex Offenders
SB 536* (Mountjoy-R) Sexually violent predators
Specifies that until January 1, 1999, the two-year civil commitment term for sexually violent predators (SVP) must not be reduced by any time spent in custody prior to the order of commitment nor shall any credits be applicable to reduce the two-year period. Requires the State Department of Mental Health to notify local law enforcement officials 15 days prior to a court recommendation for community out-patient treatment or unconditional release of a SVP.
(Chapter 19, Statutes of 1998)
SB 1254* (Calderon-D) Child Endangerment Protection Act of 1998
Enacts the Child Endangerment Protection Act of 1998. Requires voice identification and verification procedures for high-risk sex offenders. Appropriates $138,000 from the General Fund to the State Department of Justice for the 1997-98 fiscal year for implementation of the bill's provisions.
Vetoed by the Governor
SB 1339* (Calderon-D) Sex offender registration: voice identification
Revises the Child Endangerment Protection Act of 1998, relating to voice identification and verification by high-risk sex offenders, added by Section 2 of SB 1254 (Calderon), which was vetoed by the Governor.
Vetoed by the Governor
SB 1401 (Leslie-R) Children's Privacy Protection and Parental Empowerment Act
Creates the Children's Privacy Protection and Parental Empowerment Act of 1998, violation of which would be a misdemeanor. Specifically:
- Prohibits any incarcerated person from processing any personal information regarding children.
- Prohibits any person from knowingly disclosing or soliciting personal information with the intent of abusing or causing harm to children.
- Requires list brokers, upon written request from parents or guardians, to provide procedures that must be followed regarding the use of personal information relating to their child.
- Provides that any list broker that fails to discontinue disclosing personal information about a child, within 20 days after being requested to do so, is guilty of a misdemeanor and subject to civil penalties.
(Died in Assembly Appropriations Committee)
SB 1612* (Haynes-R) Sex offenders
Provides that any public or private educational institution, day care facility, or any child care custodian, or their employees, shall be immune from civil liability for good faith dissemination of any information given to them by a law enforcement agency regarding serious sex offenders. Authorizes specified individuals involved with the groups named above to disclose information, if specified determinations are met.
(Died in Assembly Public Safety Committee)
SB 1976* (Mountjoy-R) Sexually violent predators
Provides procedures to be followed for a sexually violent predator who escapes from a mental health facility. Provides that the Atascadero State Hospital be used to house sexually violent predators only until a permanent housing and treatment facility is available. Expands notification requirements relating to sexually violent predators, as specified. Limits the State Department of Mental Health to sending ten referrals for probable cause hearings to any county in any 30-day period.
Chapter 961, Statutes of 1998
SB 1989 (Polanco-D) Real property disclosure: registered sex offenders
Requires specified leases and real property sales contracts for residential real property to contain a notice that prospective purchasers and lessees can access the data base containing information about registered sex offenders. Provides that, upon delivery of the notice, the lessor, seller, or broker is not required to provide additional information regarding the proximity of registered sex offenders. Provides that nothing under these provisions shall alter any existing duty of the lessor, seller, or broker of disclosure under any other law. Provides that the provisions of this bill apply to written agreements and contracts entered into on or after July 1, 1999.
Chapter 645, Statutes of 1998
SB 2116 (Schiff-D) Sex offender registration: mandatory post-custody treatment
Establishes, as of January 1, 1999, a three-year pilot project in San Bernardino County that requires specified sex offenders to actively participate in, and complete, a sex offender treatment program.
Vetoed by the Governor
AB 371* (Figueroa-D) County Sexual Assault Felony Enforcement Team
Authorizes the Board of Supervisors of Santa Clara County to establish a three-year sexual assault felony enforcement team pilot program for the purpose of reducing violent sex offenses in the county through proactive surveillance and arrest of habitual sex offenders and strict enforcement of sex offender registration requirements.
(Died in Senate Appropriations Committee)
AB 614 (Margett-R) Sex offenders: monitoring
Authorizes the State Department of Corrections (DOC) to establish a pilot project, until January 1, 2003, to electronically monitor any person convicted of a repeat specified sex offense where the victim is under age 13 for the entire period that the person is released on parole. Requires DOC to report to the Legislature on the effectiveness of this electronic monitoring program by March 1, 2003. Provides that this section shall apply to specified sodomy, lewd or lascivious acts, penetration by a foreign object and oral copulation offenses.
(Died in Senate Public Safety Committee)
AB 722 (Leach-R) Sex offenders
Adds to the list of specified sex offenses that carries a punishment of life in prison the crime of continuous sexual abuse of a child under the age of 14 years, except where the defendant qualifies for probation, as specified.
(Died in Senate Public Safety Committee)
AB 780 (Campbell-R) Sex offenders: school grounds
Increases the punishment for a person who engages in indecent exposure upon the grounds of, or within 100 feet of, a public or private elementary, vocational, junior high, or high school, or a school bus stop during specified hours, by making that act punishable as a misdemeanor or a felony. Makes it a felony to suffer a first conviction for indecent exposure after a previous conviction for the commission or attempted commission of specified sex offenses.
(Died in Senate Public Safety Committee)
AB 796 (Havice-D) Sex offenders: notification
Provides that any child care custodian, as defined, or any employee of a private or public educational institution or day care facility who receives information from a designated law enforcement entity may disclose that information in the manner and to the extent authorized by the law enforcement entity. Additionally, immunizes from civil liability any public or private educational institution, day care facility, any employee thereof, or any child care custodian who in good faith so disseminates that information.
Chapter 927, Statutes of 1998
AB 1009 (Kaloogian-R) Sex offenders: public notice
Requires the State Department of Justice to publish a notice in the local newspaper in the area in which a registered sex offender is released that includes name, photograph, birthdate, city and state of residence, the offense for which the person was convicted, and the sentence imposed. Requires the notice to be published within 30 days.
(Died in Assembly Appropriations Committee)
AB 1078 (Cardoza-D) Sex offenders: school employees
Extends civil immunity to school employees who in good faith disclose certain information regarding sex offender registrants as authorized by law enforcement.
Chapter 930, Statutes of 1998
AB 1283 (Bowler-R) Sex crimes
Provides that the commission of one of a list of specified sex crimes by means of an intoxicating or controlled substance is an offense which triggers the provisions of the "one strike" law, and provides that commission of a sex offense through administering a controlled substance without the knowledge of the victim is a factor which subjects a defendant to a term of 25 years to life in prison.
(Failed passage in Assembly Public Safety Committee)
AB 1332 (Murray-D) DNA and forensic identification
Establishes the deoxyribonucleic acid (DNA) and Forensic Identification Data Bar and Data Bank Act of 1998. Expands existing law with regards to the samples and specimens which may be collected from specified persons for DNA testing and retention in the State Department of Justice's DNA data base or data bank. States, among other things, the following codified legislative findings and declarations: DNA and forensic identification analysis is a useful law enforcement tool for identifying and prosecuting sexual and violent offenders.
Chapter 696, Statutes of 1998
AB 1646 (Battin-R) Paroled child molesters: placement near elementary schools
Prohibits the placement of parolees who have been convicted of specified child molestation crimes within one-fourth mile of any school including any or all of grades K-6, inclusive.
Chapter 96, Statutes of 1998
AB 1745 (Alby-R) Sex offenders: registration: public notification
Revises certain provisions of the sex offender registration and public notification statutes.
Chapter 929, Statutes of 1998
AB 1792 (Havice-D) Personal information: minors
Requires that persons who provide mailing and other lists institute procedures to delete a child's name upon request and to determine the purpose of the buyer of the list.
Chapter 763, Statutes of 1998
AB 1868 (Prenter-R) Sex crimes: HIV positive
Increases the sentence enchancement from three to ten years for a person who commits certain qualifying sex crimes while knowing he/she is HIV positive, adds two new qualifying sex crimes, and permits court-ordered testing for the HIV virus and disclosure of medical records relating to that condition in certain situations.
(Died in Assembly Public Safety Committee)
AB 1895 (Leach-R) Sentencing: sex offenses
Enacts "The Drug-Induced Rape Prevention and Punishment Act of 1998," and increases penalties for sex offenses. Specifically:
- Provides that the commission of a listed sex crime by means of administering a controlled substance shall be a circumstance in aggravation subjecting a defendant to 25 years-to-life in the state prison.
- Adds sodomy and oral copulation in concert, and continuous sexual abuse of a child, to the list of one strike sex crimes.
- Adds rape, sodomy, and oral copulation, where the victim is prevented from resisting by an intoxicating substance, to the list of "one strike" sex crimes.
- Eliminates the 15% sentence reduction credit for any person sentenced to 25-to-life in the state prison under the one strike sex crime law.
- Provides that a person shall receive a three-year additional and consecutive enhancement of sentence where, for the purpose of committing a felony involving sexual conduct, the person administers a controlled substance against the victim's will or without the victim's knowledge.
(Died in Assembly Appropriations Committee)
AB 1926 (Wildman-D) Sex offenses: evidence of dress
Limits the use of evidence of manner of a victim's dress on the issue of consent in specified sex offense cases.
Chapter 127, Statutes of 1998
AB 1927 (Morrow-R) Sex offenders: registration: probation
Requires sex offender registrants be required to provide "adequate proof of residence," as specified. Authorizes courts to issue "stay away" orders to sex offender registrants placed on probation, as specified.
Chapter 928, Statutes of 1998
AB 2009 (Hertzberg-D) Juvenile sex offenders and victims
Requires upon a finding by the court that a child is a victim of any specified sex offense, that the child be evaluated and provided with appropriate counseling for sexual abuse. Requires that the evaluation be conducted by a person designated to provide counseling services under specified provisions of law, and also requires the court to consider the results of the evaluation to determine the treatment needs of the child. Requires that any person who is adjudged a ward of the juvenile court on the basis of the commission of any one of specified sexual offenses be evaluated in order to determine further evaluation or appropriate treatment. Sets forth the training and licensing standards for persons providing treatment to juvenile sex offenders, as specified. Requires all probation officers supervising juvenile sex offenders to complete specified training.
Permits polygraphs to be used in treating juvenile sex offenders if those polygraphs are used in the course of a polygraph examination conducted by a certified polygraph examiner who has specified training. Requires the State Department of Justice to certify polygraph examiners.
(Died in Senate Appropriations Committee)
AB 2259 (Aguiar-R) Sex offender registration: disclosure
Requires registered sex offenders to disclose this status when they apply for or accept a position as an employee or volunteer with any person, group, or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental or occasional basis or have supervision or disciplinary power over minor children. Makes a violation of this provision a misdemeanor.
Chapter 959, Statutes of 1998
AB 2680 (Wright-D) Sex offender registration
Expressly prohibits judges from relieving defendants of the duty to register as a sex offender under Penal Code Section 17 (when a felony sex offense is reduced to a misdemeanor). Expressly prohibits judges from staying the duty to register as a sex offender during an appeal from a judgment of conviction, as specified. Requires local law enforcement to notify the State Department of Corrections if they do not register sex offenders during the normal business hours, as specified. Requires parolees who are registered sex offenders to show their parole agents proof of registration within 6 working days of release on parole, as specified. Expands the category of sex offenses for which the State Department of Corrections must provide certain information to local law enforcement, as specified.
Chapter 960, Statutes of 1998
AB 2799 (Olberg-R) Sex offenders
Increases from quarterly to monthly the frequency with which the State Department of Justice must provide local law enforcement with updated sex offender CD-ROM information. Prohibits the State Department of Corrections from placing more than one sex offender in a single family dwelling, as specified.
Chapter 550, Statutes of 1998
ACR 72 (Baca-D) Parental notification
Strongly encourages the governing board of each school district to include in its annual required notice to the parents and guardians of the pupils enrolled in the school district an additional item of notification regarding the availability of a CD-ROM or other electronic medium containing information regarding registered sex offenders, as required by Megan's Law, as specified.
Resolution Chapter 122, Statutes of 1998
Attorneys
SB 709 (Rosenthal-D) Self-help legal services
Specifies that provisions by legal technicians of self-help legal services does not constitute practice of law.
(Died in Senate Judiciary Committee)
SB 845* (Haynes-R) Law students' examination
Specifies provisions for admission to the State Bar of California for out-of-state attorneys who have practiced law for less than the four years immediately preceding their application.
Chapter 29, Statutes of 1998
SB 1371 (Kopp-I) State Bar of California
Limits the functions of the State Bar of California to those authorized by the Legislature. Specifically limits the responsibility of the State Bar, and the expenditure of compulsory membership fees, to certain disciplinary matters, maintenance of records, an ethics hotline, and related communications. Authorizes the State Bar to perform functions related to judicial nominee evaluation, admission to practice, legal specialties, lawyer referral services, fee arbitration, and the income on trust account programs, but permits those programs to be funded only from specified sources. Prohibits certain funds of the State Bar from being used for certain purposes. Limits the use of mandatory fees for specified activities. Prohibits the State Bar from awarding a contract for goods, services, or both, in an aggregate amount in excess of $50,000, except pursuant to procedures of the State Contract Act. Provides for a 19-member Board of Governors, with 17 appointed by the Governor, one by the Speaker of the Assembly and one by the Senate Committee on Rules.
(Died in Senate Judiciary Committee)
SB 1418 (Rosenthal-D) Legal document assistants
Creates a four-year pilot project, prohibiting a legal document assistant (LDA) (i.e., defined as any person who provides or assists in providing, for compensation any self help service to a member of the public) from providing self-help service to the public unless the LDA is registered in the county in which services are being provided.
Chapter 1079, Statutes of 1998.
SB 1459 (Haynes-R) Unaccredited law schools
Provides that the Bureau of Private Postsecondary and Vocational Education shall, in all respects, replace the Committee of Bar Examiners as the agency charged with overseeing unaccredited law schools.
(Died in Assembly Judiciary Committee)
SB 1876 (Kopp-I) Public employee liability
Provides public defenders with the same immunity from malpractice suits provided public prosecutors under Government Code Section 820.2.
Vetoed by the Governor
SB 2214 (Leslie-R) Regulation of attorneys' fees agreements in personal injury
Regulates the practice of law in personal injury claims by requiring an attorney representing a client in a personal injury action to make specified written disclosures before the attorney is hired, while the case is pending, and upon conclusion of the case.
(Died in Senate Judiciary Committee)
AB 1374 (Hertzberg-D) State Bar: special fee: disciplinary functions
Makes a clarifying change in the Business and Professions Code relative to parties agreeing in writing to be bound by the award of appointed arbitrators.
Chapter 798, Statutes of 1998
AB 1462 (Morrow-R) Governmental liability: attorney's fees
Requires the court to award reasonable attorney's fees to the prevailing party in a civil action against a state or local public entity.
(Died in Assembly Judiciary Committee)
AB 1669 (Hertzberg-D) State Bar
Authorizes the State Bar to collect $340 (plus $77 in miscellaneous fees) as total membership dues for 1998, and to collect $289 as total membership dues for both years 1999 and 2000.
Restructures the functions of the State Bar and keep discipline, Minimum Continuing Legal Education (MCLE), admissions and membership, Client Security Fund, discipline, administration of IOLTA and fee arbitration programs, and Judicial Nominees Evaluations as functions funded by the mandatory fee.
Expresses legislative intent that a voluntary bar association should be established and specifies that certain functions, such as Conference of Delegates, specialty sections and voluntary committees shall not be supported by the mandatory dues, but funded by voluntary dues.
Provides that the functions of the State Bar shall be limited to only those authorized by the Legislature and the Supreme Court.
Establishes limits and guidelines relative to lobbying efforts by the State Bar.
Provides that the State Bar may only lobby on: (1) laws concerning the State Bar and its functions and areas of responsibility; and (2) any legislation by a two-thirds vote by the board.
Repeals the MCLE requirement and instead commissions a study by Judicial Council on the effect on MCLE on California attorneys and the public and whether it should be continued and on what grounds. States legislative intent that attorneys should receive continuing education, but that there are serious deficiencies in the current program.
Requires the State Bar of California (State Bar) to contract with the Administrative Office of the Courts to conduct a comprehensive study of the Standards for Attorney Sanctions for Professional Misconduct. Provides that the study will be due before July 1, 2000.
Reduces the authorized State Bar dues, as follows:
Dues for 1998 - $340, down $2
Dues for 1999 and 2000 - $289, down from proposed $320
Also reduces client security fund dues from $40 to $32.
Prohibits the funding of the Conference of Delegates and the voluntary sections after July 1, 1998 with mandatory dues, but allows the State Bar to contract with voluntary sections to provide services at cost for services that are needed to support the sections, until January 1, 2000.
Allows the Bar to continue lobbying for Conference of Delegates and sections resolutions approved by the Board of Governors last December, for the remainder of the legislative session.
Requires the State Bar to submit its budget to the fiscal committees of each house for review.
Requires the cost of evaluating judicial nominees to be paid from state funds appropriated to the Bar.
Requires that any funds collected by the State Bar for the voluntary State Bar or sections shall not be commingled with any funds of the State Bar.
Requires that the accounting for all programs of the State Bar, including discipline, shall be separately maintained so that the budget accurately reflects the costs of each program.
(Died on Senate Third Reading File)
AB 1716 (Murray-D) Lawyers: disclosure statement
Requires a lawyer to provide a detailed disclosure statement before the lawyer would be able to sell financial products to any client who is an elder or dependent adult with whom the lawyer has or has had within the preceding three years, an attorney-client relationship.
Vetoed by the Governor
AB 1798 (Morrow-R) California State Bar
Makes major changes in the responsibilities, disciplinary and record keeping requirements of the State Bar of California. Prohibits expenditure of compulsory membership fees for advocacy purposes.
(Died in Assembly Judiciary Committee)
AB 2071 (Kaloogian-R) Civil actions: attorney's fees
Requires a court to award attorney's fees to prevailing defendants in intentional tort cases, including police abuse cases, brought by convicted felons.
(Failed passage in Assembly Judiciary Committee)
AB 2086 (Keeley-D) Arbitration: representation by non-licensed lawyers
Allows out-of-state attorneys to represent a party in the course of, or in connection with, an arbitration in California when the out-of-state lawyer complies with the pro hac vice procedures for appearing in California, including the association of local counsel as the attorney of record.
Allows any person, including a non-lawyer or a out-of-state lawyer, to represent a party in an arbitration arising under collective bargaining agreements in industries or in provisions subject to either state or federal law.
Chapter 915, Statutes of 1998
AB 2239 (Strom-Martin-D) Estate planning services
Prohibits the rendering of certain specified services in connection with estate planning documents or other estate planning services by persons other than active members of the State Bar of California.
(Died in Assembly Judiciary Committee)
AB 2557 (Alquist-D) Law schools: unaccredited
Requires all degree-granting law schools that are subject to regulation by the Bureau for Private and Vocational Education to provide reasonable access to specified library resources.
Vetoed by the Governor
Juries
SB 501 (Burton-D) Grand juries: exculpatory evidence
Requires the prosecutor in a grand jury proceeding, if he or she is aware of exculpatory evidence, to disclose and, if feasible, present that evidence to the grand jury. Provides that failure to disclose and present exculpatory evidence as required by this provision shall be grounds for dismissal of the indictment.
(Died in Senate Public Safety Committee)
SB 502 (Burton-D) Grand juries
Requires any subpoena issued to a witness who is not the subject of a grand jury investigation to include specified statements, including, among other things, that the witness has a right to have an attorney present during the grand jury examination. Authorizes any witness before the grand jury to have counsel present on his or her behalf while he or she is testifying.
(Died in Senate Public Safety Committee)
SB 503 (Burton-D) Grand juries
Requires the prosecution to advise any witness who is the subject of a grand jury investigation, through either a subpoena issued pursuant to this provision to the witness or a written notice to his or her counsel, if retained, as to certain specified information, including, among other things, that the witness is the subject of a grand jury investigation, and that the witness has a right to testify before the grand jury and the right to have an attorney present during the grand jury examination.
Authorizes any witness before a grand jury who is the subject of the grand jury investigation to have counsel present on his or her behalf while he or she is testifying. Creates, in any witness who is the subject of a grand jury investigation, the right to testify before the grand jury and the right to disclose exculpatory evidence to the grand jury foreman and the prosecutor.
(Died in Senate Public Safety Committee)
SB 1520 (Kopp-I) Jury fees: retention
Repeals a provision enacted last year as part of the Trial Court Funding Act, that made a deposit of jury fees non-refundable if the jury trial is waived or the case is settled without a jury trial after the deposit of the fees. Provides that money accrued from nonrefundable juror fees be deposited into the Trial Court Trust Fund rather than the General Fund.
Chapter 1003, Statutes of 1998
SB 1947 (Lockyer-D) Jury service
Requires the Judicial Council to adopt a rule of court requiring every trial court to adopt by January 2000, a one trial or one day jury service requirement, as specified, except in those counties which can demonstrate good cause why such a requirement is impractical.
Chapter 714, Statutes of 1998
SB 2100 (Polanco-D) Grand jury reports
Allows a grand jury to release non-privileged evidence along with its final report in any civil grand jury investigation.
Chapter 79, Statutes of 1998
SCA 1 (Leslie-R) Criminal trials: jury verdicts
Provides that 11/12 of the jury may render a verdict in any criminal action except an action in which the death penalty is sought or in which a defendant may be sentenced to a term of imprisonment for life without the possibility of parole.
(Died in Senate Public Safety Committee)
SCA 3 (Haynes-R) Jury trials
Provides that in a civil cause in which the only relief sought is money damages and the amount of the total demand by all plaintiffs including attorney's fees, if applicable, does not exceed $7,500, the plaintiff, or all plaintiffs, if more than 1, may elect to waive the right to a jury trial, and the waiver shall be binding on the defendant or defendants unless the amount of the total demand by all defendants including attorney's fees, if applicable, exceeds $7,500.
(Died in Senate Judiciary Committee)
SCA 10 (Calderon-D) Jurors: selection
Provides that a person summoned by a court as a potential juror for a civil or criminal jury may not be excluded from a jury panel based on the person's sex, race, color, religion, ancestry, national origin, disability, or physical characteristics.
(Died in Senate Judiciary Committee)
AB 316 (Morrissey-R) Jury duty
Exempts local agency park rangers and Los Angeles County safety police from civil and criminal jury duty. Exempts state university police and State Department of Corrections Law Enforcement Liaison officers from civil jury duty, in addition to their current exemption from criminal jury duty.
(Died in Senate Judiciary Committee)
AB 377 (Baugh-R) Grand juries
Allows a prosecution witness who is a minor appearing before the grand jury to have a support person present in specified circumstances.
Chapter 755, Statutes of 1998
AB 550 (Migden-D) Jurors: examinations
Gives the attorneys in criminal cases the right to question prospective jurors during jury selection within limits prescribed by the judge.
(Died on Assembly Floor)
AB 886 (Morrow-R) Jury service
Specifies that jury service is mandatory for all qualified California citizens who are summoned or ordered to appear, as a duty of California citizenship. Excuses an eligible person from further jury service for a minimum 12 months after he/she has completed jury service. Increases the daily fees and mileage reimbursement paid to jurors, and exempts jurors eligible for specified disability benefits. Reduces the required number of trial jurors to 8 persons in civil actions within the jurisdiction of the municipal court or any lesser number agreed upon by the parties. Provides for the selection and identification of trial jurors by number, instead of by name; and revises the procedure for the release of names of former jurors, as specified.
Provides that no right to trial by jury exists in misdemeanor cases not punishable by imprisonment. Requires the Judicial Council to adopt a uniform, statewide juror questionnaire, as specified, to be used solely by the court and counsel for the parties and specifies the right of a juror to answer certain highly personal questions in chambers. Makes it a contempt to elicit certain personal juror identification information during voir dire, thus establishing a state-mandated local program by creating a new crime.
Authorizes a nonunanimous verdict in felony cases not involving capital punishment, as specified, and authorizes the submission of written questions to witnesses by the jury, as specified. Reduces the number of peremptory challenges available in civil and criminal actions.
(Died in Assembly Judiciary Committee)
AB 1907 (Woods-R) Grand jury
Makes four changes to the current law regarding the grand jury:
- Permits a grand jury to ask legal advice of the Attorney General, in addition to the county counsel and local judge, as under current law.
- Clarifies that a civil grand jury may pass on any records or evidence or other information collected during its term to the incoming grand jury, except that information which could form the basis of a criminal indictment.
- Requires grand jury reports to be forwarded by the county clerk to the State Archives.
- Declares that district attorney may only be present during sessions of the grand jury when invited by the jury.
Chapter 230, Statutes of 1998
AB 2269 (Granlund-R) Juries: construction defects
Requires jury site visitation in construction defect cases, at the request of either litigant. Requires a jury to view a construction site upon the motion of any party in any action or proceeding in which a defect in construction on real property is alleged.
(Failed passage in Assembly Judiciary Committee)
AB 2551 (Migden-D) Jury fees: services
Provides for an increase in daily jury service fees and requires the Judicial Council to establish a two-year pilot project dealing with dependent care expenses incurred as a result of jury service.
Vetoed by the Governor
AB 2608 (Wildman-D) Jury duty: firefighters
Mandates the adoption of special rules that will govern jury service requirements for firefighters.
(Died in Senate Appropriations Committee)
ACR 118 (Morrow-R) Juror Appreciation Week
Designates the week of May 10 to May 16, 1998, and the 2nd full week in May, annually, as Juror Appreciation Week.
Resolution Chapter 47, Statutes of 1998
Weapons
SB 63 (Peace-D) Firearms: pistol-revolver delivery records
Allows the state to comply with the so-called Brady-NICS check as a state point-of-contact agency. The bill also makes various technical changes in the area of "operation of law" transactions.
Chapter 908, Statutes of 1998
SB 142 (Knight-R) Weapons: concealable weapons licenses
Defines "good cause" for purposes of issuing a concealed weapon permit and requires the licensing authority to deal fairly and in good faith with an applicant for a license.
(Died in Senate Public Safety Committee)
SB 420 (Johnson-R) Sentencing: firearms
Provides that, notwithstanding any other law, a person who is charged as a principal in the commission of a serious or violent felony who personally possesses a firearm or who has a firearm under his or her custody and control and within his or her reach during the commission of the felony shall be punished by an additional term of ten years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. Provides that if the firearm is displayed, discharged, or used under those circumstances, the person would be punished by an additional term of 20 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony. Provides that if anyone was injured as a result of the firearm being used or discharged under those circumstances, the person would be punished by an additional term of 30 years in the state prison, to be imposed consecutive to the punishment prescribed for the felony.
Provides that if a perpetrator subject to the provisions in (1) above is 14 to 17 years of age, inclusive, he or she is presumed to be not a fit and proper subject to be dealt with under the juvenile court law for those purposes, and would thereby subject juvenile perpetrators to the provisions of the bill.
(Died in Senate Criminal Procedure Committee)
SB 591 (Johnson-R) Firearms dealers
Allows the State Department of Justice to require each firearms dealer to charge each firearms purchaser the background check fee that is currently charged to the dealer.
Chapter 922, Statutes of 1998
SB 643 (Polanco-D) Firearms: local regulation
Enacts in statute specific authority for local entities to enact local laws which are more restrictive than state law for the regulation of firearms and ammunition.
(Died on Senate Inactive File)
SB 683 (Watson-D) Handgun ammunition: research
Requires the Attorney General to conduct research regarding technological developments relative to bullet and handgun ammunition identification taggants and identification of ammunition through numbering and report to the Legislature by August 1, 1998.
(Died in Senate Appropriations Committee)
SB 835 (Hurtt-R) Firearms: 10-20-Life
Provides that a person who personally uses a firearm in the commission or attempted commission of a felony be punished by an additional consecutive term of 10 years for the first offense, 20 years for the second offense, and seven years to life for the third or subsequent offense.
Provides that a person who is armed with or uses a firearm during the commission of specified felonies shall be punished by imprisonment in the state prison for ten years, in addition to the punishment prescribed for the felony, whether or not the arming or use is personal. Provides that if the firearm is intentionally discharged under those circumstances, the person would be punished by imprisonment in the state prison for 20 years, in addition to the punishment prescribed for the felony. Provides that if great bodily injury was caused as a result of the firearm being discharged under those circumstances, the person would be punished by imprisonment in the state prison for a term of life, with the possibility of parole after 25 years, in addition to the punishment prescribed for the felony.
Provides that if a minor alleged to violate the above provisions is age 14 or more, he or she would be presumed unfit to be dealt with under the juvenile court law.
(Died in Senate Public Safety Committee)
SB 982 (Lee-D) Firearms: purchasers: identification
Makes it a felony for an employee of the State Department of Motor Vehicles to create or assist in the creation of a false driver's license. Requires a firearm dealer to photocopy the evidence of identity presented by the purchaser and obtain a fingerprint from the purchaser. Provides that any person who presents evidence of identity for purposes of purchasing a firearm, knowing that evidence to be false, is guilty of a felony.
(Died in Senate Public Safety Committee)
SB 1400 (Karnette-D) Firearms: punishment
Increases the penalty for being an ex-felon, a narcotics addict, or a person previously convicted of a specified misdemeanor, who is in possession of a firearm from 16 months, two years, or three years, to five, seven or nine years.
(Died in Senate Public Safety Committee)
SB 1414 (Lewis-R) Swap meets: reporting requirements
Exempts certain gun shows or events conducted in accordance with specified provisions of law.
(Died in Senate Business and Professions Committee)
Similar legislation was AB 2504 (Goldsmith-R), which died in Assembly Public Safety Committee.
SB 1500 (Polanco-D) Firearms: "unsafe handguns"
Creates restrictions on the manufacture, importation, or sale of "unsafe handguns," as defined in this bill, in California commencing January 1, 2000.
Vetoed by the Governor
SB 1550 (Hayden-D) Firearms
Requires, commencing January 1, 1999, a licensed firearms dealer to offer the sale to each purchaser at least one use-limitation device appropriate for each firearm that he or she offers for sale, if such use-limitation devices are commercially available. Specifies that nothing in these provisions would alter the responsibilities of gun owners at common law. Makes any violation of these provisions punishable by a fine of not less than $250 each, not exceeding $1,000.
Vetoed by the Governor
SB 1553 (Rainey-R) Unsafe firearms
Creates a new statutory tort cause of action for a purchaser of a defective or unsafe concealable firearm against a manufacturer of that firearm if the firearm was not manufactured in conformity with safety standards specified in this bill. Defines safety standards and tests for determining whether a concealable firearm is "safe" for purposes of imposing the additional civil liability and makes the provisions of this bill applicable to concealable firearms manufactured after January 1, 1999.
(Failed passage in Senate Public Safety Committee)
SB 2125 (Mountjoy-R) Concealed weapons: licenses
Authorizes a police chief to issue a license to carry a concealed weapon in public to a person who is a resident of the county in which the city is located and that city is the applicant's principal place of employment or business.
(Failed passage in Senate Public Safety Committee)
SB 2143 (Lockyer-D) Sentence enhancements
Clarifies that the 10-20-Life enhancement applies not only where the shooter of a firearm causes great bodily injury but also where the shooter causes death.
(Died on Assembly Inactive File)
SCA 14 (Mountjoy-R) Right to keep and bear arms
Declares that the right of the people to keep and bear arms, individually and collectively, is an unalienable, inherent, and natural right, acknowledged in the common law, confirmed by the 2nd Amendment to the United States Constitution, and secured by the Act for the Admission of California into the Union; and that the full and necessary exercise, affiliated activity, and benefits of this right are reaffirmed, guaranteed, and protected from all infringements.
Specifies that the restraints in the provisions of the bill also shall apply to purported treaties, to related legislation, to executive orders, and to martial law, and that all constitutional provisions, state laws, local government ordinances, acts, or agreements from any source whatsoever that are inconsistent with these provisions are inoperative.
(Died in Senate Judiciary Committee)
AB 23 (Perata-D) Assault weapons
Amends the existing Roberti-Roos Assault Weapons Control act of 1989 by deleting the existing list of regulated assault weapons and instead substitutes a generic description of regulated weapons and makes a number of related changes.
(Died on Senate Inactive File)
AB 48 (Wright-D) Firearms: SKS rifles
Provides persons who purchased or transferred "SKS rifles" manufactured with detachable magazines between January 1, 1992 and December 19, 1997 with immunity from criminal prosecution.
Appropriates $1,300,000 from the General Fund to the State Department of Justice to purchase these firearms under the provisions set forth in this bill.
Chapter 909, Statutes of 1998 - Item Veto
The Governor Item Vetoed the money from the bill.
AB 94* (Cardoza-D) Personal income taxes: credits: gun safes
Provides a tax credit of $150 for the purchase of a gun safe for personal use. Provides that to qualify for the credit, the gun safe must be manufactured to store firearms, made of steel, and equipped with a combination or key lock listed by Underwriters' Laboratories.
Provides that taxpayers may claim a $150 credit for purchase of one or two safes a year, for a maximum credit of $300. Provides that the credit would be in effect for gun safes purchased from January 1, 1999 through December 31, 2002.
(Died in Senate Appropriations Committee)
AB 136 (Villaraigosa-D) Firearms: state preemption
Repeals the state's preemption of local firearm registration and licensing.
(Died on Assembly Inactive File)
AB 199 (Sweeney-D) Firearms: criminal offenders
Extends from age 30 to a lifetime ban, the prohibition on possession of a firearm by a person who is alleged to have committed certain felony offenses, is found to be fit to be dealt with under juvenile court law, and subsequently is adjudged a ward of the juvenile court. Allows an individual age 30 or older to petition the court one time for an exemption from the ban, and the court may grant relief under specified conditions. Eliminates the requirement that a person be found a fit and proper subject to be dealt with under juvenile court law for the imposition of a ban on possession until age 30 for a person alleged to have committed any of numerous specified offenses and who subsequently is adjudged a ward of the court because the person committed certain felony offenses. Increases the penalty for violation of the ban to age 30 from a wobbler to a straight felony and extends the wobbler from age 30 to death.
(Died in Senate Appropriations Committee)
AB 247 (Scott-D) Peace officers: warrantless arrests
Authorizes peace officers to make misdemeanor arrests without a warrant when (1) the person to be arrested has carried an unloaded concealable weapon -- without otherwise being authorized to do so -- in an airport area where access is controlled by the inspection of persons and property, (2) the offense has not occurred within the officer's presence but the officer has reasonable cause to believe the offense occurred, and (3) the officer makes the arrest a soon as he/she has reasonable cause to believe the violation occurred.
Chapter 224, Statutes of 1998
AB 406 (Brewer-R) Enhancements: use of a firearm
Provides that if any participant in a sex crime in concert uses a firearm or deadly weapon, each participant in the crime who has actual knowledge of the use of a firearm or deadly weapon shall receive a sentence enhancement of three years, four years, or ten years in prison.
(Died in Assembly Public Safety Committee)
AB 429 (Goldsmith-R) Obstruction of justice: penalties
Increases the penalty for taking a firearm from the person or immediate presence of a peace officer from 16 months, two, or three years in state prison, to four, six, or eight years.
Increases the penalty for attempting to remove a firearm from the person or immediate presence of a peace officer from a wobbler, punishable by 16 months, two, or three years in state prison, or up to one year in county jail, to a straight felony punishable by two, three, or four years.
Removes the requirement that the prosecution prove the officer was obstructed, or delayed by the disarming acts of the defendant.
(Died in Assembly Appropriations Committee)
AB 532 (Knox-D) Firearms
Prohibits firearms dealers from delivering more than one handgun to a person during a 30-day period.
(Died on Assembly Inactive File)
AB 533 (Knox-D) Crime prevention: weapons scanning devices
Permits sworn law enforcement and correctional officers to use weapons scanning devices and to prohibit convicted felons and persons committing crimes from using such devices.
(Died on Senate Inactive File)
AB 675 (Villaraigosa-D) Firearms: intoxication
Makes it an alternate felony/misdemeanor, punishable by up to one year in county jail or 16 months, two, or three years in state prison, for a person to possess a handgun if that person has a blood alcohol content of 0.08% or more.
Does not apply to peace officers in the performance of their duties.
(Died in Assembly Appropriations Committee)
AB 687 (Bowler-R) Youthful offenders: firearms
Mandates that any minor, 14 years of age or older, found to be a delinquent ward of the court by reason of the commission of a specified serious or violent offense wherein the minor personally used a firearm shall be committed to the State Department of the Youth Authority (CYA) for at least one year, and the court shall have no discretion to make any disposition other than commitment to the CYA.
(Failed passage in Assembly Public Safety Committee)
AB 887 (Ortiz-D) Firearms data: insurance claims
Requires insurers to provide data to the Insurance Commissioner on firearms and injuries, and requires insurers to send a designated notice to policyholders of homeowners insurance.
(Died in Assembly Insurance Committee)
AB 945 (Wright-D) Firearm safety standards
Establishes safety and testing standards for concealable firearms manufactured for sale in this state as of July 1, 1999.
(Failed passage in Assembly Appropriations Committee)
AB 988 (Perata-D) Product liability: firearms
Repeals existing law providing that, in a product liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.
(Died in Assembly Judiciary Committee)
AB 1107 (Ortiz-D) Firearms
Authorizes any city, county or agricultural association to prohibit gun sales at gun shows or events.
(Died in Assembly Appropriations Committee)
AB 1369 (Oller-R) Concealed firearm licenses
Eliminates the discretion of a sheriff or police chief to deny a permit to carry a concealed firearm to any person who is not otherwise prohibited from possession a firearm and who meets specified requirements.
(Failed passage in Assembly Public Safety Committee)
AB 1622 (Bowen-D) Firearms: airport property
Creates alternate felony/misdemeanors for possessing certain dangerous weapons at specified locations within an airport.
(Died in Senate Public Safety Committee)
AB 1795 (Runner-R) Concealed firearms: license to carry
Increases the time periods for certain pistol carry licenses and exempts from public disclosure certain information on license applications and issued licenses.
Chapter 110, Statutes of 1998
AB 1871 (Baca-D) Firearms: centralized list of licensees
Authorizes gun show or even sponsors to obtain information from the State Department of Justice so that the sponsor may verify that a licensed firearms dealer participating in the show or event is in fact licensed for such purposes in California.
Chapter 268, Statutes of 1998
AB 2011* (Hertzberg-D) Firearms: punishment
Makes various changes, effective November 30, 1998, to firearms statutes and reporting requirements, and appropriates $520,000 from the General Fund to the State Department of Justice, as specified, for costs associated with this bill.
Chapter 911, Statutes of 1998
AB 2022 (Wright-D) Concealed weapons license
Makes a number of changes pertaining to the issuance of licenses to carry concealed weapons concealed in public, including new authority for a sheriff to issue a 90-day permit to a person who is not a resident of a county but who "spends a substantial period of time in the county or city relative to the applicant's principal place of employment or business." Increases the general period of such licenses from one year to three years. Makes a number of other changes in existing law regarding such licenses.
Chapter 910, Statutes of 1998
AB 2104 (Bustamante-D) Sentencing: firearms
Increases the term of imprisonment for this sentence enhancement to one, two, or three years, and requires the court to order imposition of the middle term unless there are circumstances in aggravation or mitigation, and to state its reasons for its enhancement choice on the record at the time of sentencing.
(Died in Assembly Public Safety Committee)
AB 2188 (Scott-D) Manufacturers of firearms
Establishes a licensing program administered by the State Department of Justice for all federally licensed firearms manufactures who manufacture more than 100 firearms within a calendar year within this state; establishes "secure facility" requirements for those licensees; provides specified alternatives and a fee cap for manufacturers of fewer than 500 firearms within a calendar year; and makes numerous related changes in the current law pertaining to that new licensing requirement.
Chapter 398, Statutes of 1998
AB 2504 (Goldsmith-R) Swap meets: gun shows or events
Exempts defined gun shows and events from the provisions of the "swap meet" law.
(Died in Assembly Public Safety Committee)
Similar legislation was SB 1414 (Lewis-R), which died in Senate Business and Professions Committee.
AB 2545 (Bordonaro-R) Sentencing: firearms
Adds residential (first-degree) burglary as a predicate offense to the 10-20-Life law, under which enhancements of 10- 20-, and 25-years-to-life are imposed for the use, discharge, and discharge of a gun causing great bodily injury.
(Died in Assembly Appropriations Committee)
AB 2560 (Perata-D) Firearms: assault weapons
Makes all but the possession of "large-capacity magazines" a crime punishable as an alternative misdemeanor/felony. Adds "large-capacity" firearms to existing firearms "armed with" and "use" penalty enhancement provisions currently applicable to machine-guns and assault weapons. Adds a new "generic" definition list of assault weapons in a new section of the existing Roberti-Roos Assault Weapons Control Act of 1989.
Vetoed by the Governor
AB 2609 (Lempert-D) Gun-Free School Zone Act of 1995
Revises the language pertaining to "grounds" of public and private universities, colleges, and the community college system for purposes of the law which generally bans bringing or possessing firearms at those institutions to instead read "the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property".
Chapter 115, Statutes of 1998
Courts and Judges
SB 19 (Lockyer-D) Mediation
Deletes the sunset date on existing law authorizing the submission of mediation of all at-issue civil cases contained in a pilot project in Los Angeles County.
Chapter 618, Statutes of 1998
SB 418* (Costa-D) Trial court funding
Expands the so-called "pay-back" process in the trial court funding area to permit the following counties which are slated to be "bought out" by the state to also participate in an expedited "pay-back" of monies owed to them by the state to the following 17 counties: Butte, El Dorado, Humboldt, Imperial, Kings, Madera, Marin, Mendocino, Merced, Napa, Nevada, Placer, San Luis Obispo, Santa Cruz, Shasta, Sutter and Yolo Counties.
Double-joined with SB 752 (Schiff-D).
Vetoed by the Governor
Similar bill was AB 2791* (Thomson-D), which was vetoed by the Governor.
SB 453 (Solis-D) Workers' compensation: referees
Changes the statutory title of state employees who initially hear and decide disputed workers' compensation cases from referees to "workers' compensation administrative law judges".
Chapter 448, Statutes of 1998
SB 752* (Schiff-D) Trial court funding
Provides an orderly transition to state trial court funding to support appropriations contained in the 1998 Budget Act for the purpose of supporting the administration of justice throughout the State of California.
Provides additional county relief by increasing state support for trial courts and makes technical adjustments to county support levels and increases county grant levels for the Court Appointed Special Advocate program.
Appropriates $16,700,000 to implement the provisions of this bill.
(Died in Senate Rules Committee)
Similar legislation was AB 2788* (Thomson-D), which became Chapter 1017, Statutes of 1998.
SB 929 (Dills-D) Judges: retirement
Deletes inoperative references to justice courts in the Judges Retirement Law that prescribes retirement benefits for judges of the various counties.
(Died in Senate Public Employment and Retirement Committee)
SB 1074 (Burton-D) Court reporters and fees
Requires the services of an official court reporter or official pro tempore reporter in felony proceedings, as specified, and authorizes electronic recording to be used in proceedings involving family law, law and motion hearings, writs and receivers, and uncontested probate proceedings, except as specified. Makes technical, conforming, and related changes.
(Died in Senate Judiciary Committee)
SB 1342 (Lockyer-D) Small claims court: automobile accident cases
Authorizes a small claims court to hear auto accident cases involving an amount in controversy of $5,001 to $10,000. Allows attorneys to represent clients in these small claims court cases, but would cap any contingency fee to 25% unless the court awards a higher fee. Provides for sanctions for a meritless appeal of an award from these small claims cases.
(Died in Assembly Judiciary Committee)
SB 1516 (Knight-R) Robbins Courthouse Construction Fund
Eliminates priorities for the expenditure of moneys in the Robbins Courthouse Construction Fund and provides that all courthouse construction in the County of Los Angeles that uses moneys from the Robbins Courthouse Construction Fund shall be at the discretion of the Los Angeles County Board of Supervisors.
(Died in Senate Judiciary Committee)
SB 1529 (Lockyer-D) Trial court unification
Appropriates to the Trial Court Improvement Fund, an amount equal to any savings from the unification of the trial courts pursuant to SCA 4 (Lockyer-D) of 1996.
(Died in Assembly Judiciary Committee)
SB 1587* (Alpert-D) Public social services: drug courts
Establishes the Drug Court Partnership Act and requires the Drug Court Partnership Program to be administered by the State Department of Alcohol and Drug Programs for the purpose of demonstrating the cost-effectiveness of drug courts. Appropriates $8 million.
Chapter 1007, Statutes of 1998 - Item Veto
Governor item vetoed $4 million from the bill.
SB 1623 (Kopp-I) Commission on Judicial Performance
Specifies that when the State Commission on Judicial Performance decides to issue a confidential advisory letter or to impose discipline without instituting formal proceedings, the judge or subordinate judicial officer shall have access to the record of each commission member's vote as to whether the subject discipline or quasi-discipline should issue, as well, a brief statement of the reason for any dissenting vote.
Provides that a judge contemplating retirement may request the commission to provide the judge with a commitment letter stating whether the judge would be considered eligible by the commission to serve as a judge pro tem upon retirement. Requires that the commission shall provide a judge with a commitment letter within 60 days of the request, which shall be binding upon the commission, except as specified.
Regulates public commentary by the commission members and its staff in certain instances.
Vetoed by the Governor
SB 1638 (Kopp-I) Courts: filing fees
Revises court filing fees, as follows:
- Applies the same filing fee for the first paper in a civil action or superior and municipal court proceeding to an individual party and parties filing jointly, rather than a filing fee for each party.
- Specifies the first paper filing requirements do not apply to an application for an order authorizing compromise of a minor's claim or an answer or other responsive pleading intended solely to notify other parties to the action and the court that the matter has been stayed pending the determination of filing party's bankruptcy petition.
- Specifies an answer and cross-complaint filed as a single document constitutes a single "first paper" for the filing party.
(Died in Assembly Appropriations Committee)
SB 1825 (Senate Judiciary Committee) Superior and municipal courts
Updates statutes on municipal and superior court staffing, and makes various technical court operational changes.
Chapter 973, Statutes of 1998
SB 1947 (Lockyer-D) Courts: requirements
Requires the Judicial Council of California to establish a single, statewide rule which requires jurors to serve on either one trial, or one day on call, except in those counties which can demonstrate good cause why such a requirement is impractical.
Chapter 714, Statutes of 1998
SB 2139* (Lockyer-D) Courts: unification
Makes, contingent upon the voter's approval of SCA 4 (Lockyer-D) of 1996 (Proposition 220 on the June ballot), various statutory changes to implement trial court unification in counties which so elect.
Extends the recent date in the law which provides that a judge of a municipal court is deemed to have served under assignment in the superior court, under specified circumstances, for purposes of his or her compensation from January 1, 1999, to January 1, 2000.
Specifies that nothing in this bill is intended to change the extent to which court reporter services or electronic reporting may be used in the courts. States it is the intent of the bill to provide for court reporter services and electronic reporting in a county in which there is no municipal court to the same extent as otherwise provided by law in a court in which there is a municipal court.
Double-joined to AB 1211 (Assembly Public Safety Committee), AB 1754 (Havice-D), and AB 1858 (Ackerman-R).
Chapter 931, Statutes of 1998
SB 2163 (Hughes-D) Judges' retirement
Revises the Judges' Retirement System and Judges' Retirement System II (JRS) as follows:
- Eliminates the age-based retirement penalty for judges who retire after age 70 (i.e., reduced retirement benefits limited to 50% of salary and no surviving spouse benefits).
- Specifies JRS benefits must not be reduced for judges who retire to become federal employees, including federal judges, after July 21, 1997.
Chapter 212, Statutes of 1998
SB 2195 (Lockyer-D) Courthouse construction
Establishes the State Emergency Courthouse Construction Fund for the purpose of providing interim emergency resources for courthouse construction and renovation. Creates the Emergency Courthouse Construction Committee, responsible for oversight. Provides that both provisions sunset January 1, 2003.
(Died in Senate Appropriations Committee)
SB 2242* (Burton-D) Judges: creation of new positions
Provides for unspecified appropriation for the creation of 40 new judgeships.
(Died in Assembly Appropriations Committee)
SCA 31 (Kopp-I) Courts
Increases the number of justices on the State Supreme Court from seven to 15, and provides that the court may sit in two departments or en banc.
(Died in Senate Judiciary Committee)
SCR 106 (Schiff-D) The Honorable Frank K. Richardson
Commemorates the public service of former Justice Frank K. Richardson.
Resolution Chapter 173, Statutes of 1998
Similar resolution was ACR 193 (Escutia-D), which died in Assembly Rules Committee.
SR 36 (Haynes-R) Judge Roy S. Moore
States that the California State Senate supports Judge Roy Moore of Alabama and supports his efforts to keep the Ten Commandments on the walls of his courtroom and in other public buildings.
(Died in Senate Judiciary Committee)
AB 30 (Baca-D) Court fees: San Bernardino County
Gives San Bernardino County the authority to add a $25 surcharge on Superior Court filing fees to help fund construction of a new county courthouse to replace the existing building, which has been declared unsafe in an earthquake.
(Died on Senate Floor)
AB 92 (Figueroa-D) Courts: security services
Requires a county to enter into an agreement with the sheriff to provide security services for the court.
Chapter 764, Statutes of 1998
AB 124 (Runner-R) Robbins Courthouse Construction Fund
Eliminates priorities for the expenditure of moneys in the Robbins Courthouse Construction Fund and provides that all courthouse construction in the County of Los Angeles that uses moneys from the Robbins Courthouse Construction Fund shall be at the discretion of the Los Angeles County Board of Supervisors.
(Died in Assembly Judiciary Committee)
AB 398 (Floyd-D) Court reporters: fees
Authorizes the use of rough draft transcripts to provide for less costly and more efficient delivery of court transcripts.
(Died on Assembly Inactive File)
AB 771 (Margett-R) Small claims court: jurisdiction
Increases the jurisdictional limit for small claims court actions against a defendant guarantor from $2,500 to $4,000 where the defendant guarantor charges a fee for the guarantor or surety service. Increases would apply to actions filed on or after January 1, 2000.
Allows a defendant guarantor in a small claims action to obtain a single extension of the hearing date at least 30 days upon written request. Additional extensions would be at the court's discretion.
Chapter 240, Statutes of 1998
AB 1094 (Assembly Judiciary Committee) Judges
Provides that no candidate for a judicial office is to be required to state his/her residential address on the declaration of intention, as specified. Allows the Chief Justice to designate any municipal court judge as a member of the appellate department of the superior court if the municipal court is participating in a trial court coordination plan approved by the judicial counsel.
Chapter 932, Statutes of 1998
AB 1110 (Escutia-D) Commission on Judicial Performance
Provides that a judge shall not be subject of investigation, discipline, or quasi-discipline by the State Commission on Judicial Performance solely on the basis of:
- A judicial decision or an administrative act found to be incorrect legally.
- A reasoned dissenting opinion in an appellate case which does not adhere to precedent of a higher court.
Provides that nothing within its provisions shall be construed to affect the application of the Canons of the California Code of Judicial Ethics.
Vetoed by the Governor
AB 1301* (Ortiz-D) Trial court funding
Enacts clean-up amendments to correct drafting errors in the Trial Court Funding Act of 1997. Enacts a short list of substantive amendments to clarify outstanding county/state issues.
Appropriates $20.5 million from the General Fund to the Trial Court Trust Fund.
Provides for a $90 million loan to be repaid by the Trial Court Trust Fund to the General Fund.
Chapter 146, Statutes of 1998
AB 1590* (Thomson-D) Trial court funding
Provides additional county relief by increasing state support for trial courts and makes technical adjustments to county support levels and increases county grant levels for the Court Appointed Special Advocate program.
Chapter 406, Statutes of 1998
AB 1935 (Aroner-D) Trial court funding
Enacts various substantive amendments to the Lockyer-Isenberg Trial Court Funding Act of 1997 that is the product of discussions between the Judicial Council, the counties and the courts.
Chapter 1004, Statutes of 1998
AB 2164 (Wayne-D) Administrative law judges: ethics
Establishes the "Administrative Adjudication Code of Ethics" for administrative law judges (ALJ) as classified by the State Personnel Board. Applies many portions of the new Code of Judicial Conduct adopted by the California Supreme Court in 1996 to administrative law judges. Excludes portions of four canons that either don't apply to administrative law judges or are already covered under existing law. Applies the ethics requirements governing elected officials under the Political Reform Act to ALJs.
Chapter 95, Statutes of 1998
AB 2279 (Morrissey-R) Shorthand reporters
Increases sanctions against errant shorthand reporters and clarifies eligibility for free transcription services.
(Died in Assembly Judiciary Committee)
AB 2300 (Papan-D) Filing fee surcharge: children's waiting rooms
Declares that "it is the policy of this state to try to provide a children's waiting room in each courthouse for children whose parents or guardians are attending a hearing as a litigant or witness or for any other court purpose as determined by the court." Allows counties to add a one-time per-party, per-case civil filing fee surcharge of $2, to be used for the purpose of funding children's waiting room facilities within the courthouse. Sunsets January 1, 2009.
Vetoed by the Governor
Similar legislation was AB 2806 (Papan-D), which failed passage in Senate Judiciary Committee.
AB 2406* (Wayne-D) Court employees: San Diego
Provides that court service officers in the County of San Diego shall be safety members for purposes of determining retirement benefits. Revises the classification for purposes of compensation of court service officers in San Diego County. Specifies that all costs associated with court employees' salaries and benefits provided by the bill are to be paid solely from funds already available to the courts affected for the 1998-99 fiscal year and thereafter available pursuant to the trial court funding process.
Chapter 918, Statutes of 1998
AB 2498 (Runner-R) Child support commissioners
Requires the Judicial Council to evaluate the success of the child support commissioner system to determine if it is improving the child support enforcement program in California.
Chapter 249, Statutes of 1998
AB 2732 (Miller-R) Bail agents
Extends to bail agent licensees a continuing education exemption for those 70 years of age or older and in good standing as a licensee for 30 continuous years.
Chapter 725, Statutes of 1998
AB 2750 (Pacheco-R) Court officers and employees: training
Requires all court officers and employees, except judges, to receive biannual fairness training, including racial, ethnic, and gender bias training, and sexual harassment training, as specified.
(Died in Assembly Judiciary Committee)
AB 2788* (Thomson-D) Trial court funding
Provides local government relief by reducing county support for trial courts, providing recoupment of lost funding, and backfilling the Trial Court Trust Fund with General Fund dollars.
Includes Tulare County in the list of counties who have their remittance levels to the state for trial courts bought-out by the state beginning in 1999-00.
Provides for the recoupment of funds lost by counties as a result of the decision to delay the Department of Finance-approved adjustments to county remittance levels to the state from 1997-98 to 1998-99. Enables the recoupment of these funds over a three-year period beginning in 1998-99.
Adjusts the fine and forfeiture contribution of San Bernardino beginning in 1998-99 to fix an inaccurate statutory requirement resulting form over-reporting of the county's base year level.
Transfers $16.6 million from the General Fund to the Trial Court Trust Fund to provide funding in 1998-99 for the provisions of this bill.
Chapter 1017, Statutes of 1998
AB 2791* (Thomson-D) Trial court funding
Provides local government relief by reducing county support for trial courts and backfilling the Trial Court Trust Fund with General Fund dollars.
Provides for the "buyout" of county support for trial courts for an additional 18 counties beginning in 1998-99.
Provides a 10% reduction of county support for trial courts for the 20 remaining, non bought-out, counties beginning in 1998-99.
Provides for the recoupment of funds lost by counties as a result of the decision to delay the State Department of Finance-approved adjustments to county remittance levels to the state from 1997-98 to 1998-99. Enables the recoupment of these funds over a three-year period beginning in 1998-99.
Adjusts the fine and forfeiture contribution of San Bernardino beginning in 1998-99 to fix an inaccurate statutory requirement resulting form over-reporting of the county's base year level.
Transfers $113.7 million from the General Fund to the Trial Count Trust Fund for the purpose of meeting the 1998-99 funding requirements established by this bill.
Vetoed by the Governor
ACR 158 (Ducheny-D) National Drug Court Week
Declares the support of the Legislature for the celebration of National Drug Court Week in California from June 1 through June 7, 1998.
Resolution Chapter 69, Statutes of 1998
HR 54 (Goldsmith-R) Mediation Week
Proclaims March 15 to March 21, 1998 as Mediation Week.