Criminal Justice and Judiciary

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

Death Penalty

SB 31 (Peace-D) Murder: special circumstances

Removes the term deliberate from the definition of express malice. Adds murder perpetrated by means of kidnapping or arson and murder of a child under the age of 14 to the list of specified felonies which constitute first degree murder. Makes murder of a child under the age of 14 a death penalty offense.

(In Senate Public Safety Committee)

SB 590 (Morrow-R) Death row inmates: sanity

Provides that the sanity hearing for a person sentenced to death shall be held in the county in which the sentence was imposed and not in the county in which the prison containing the defendant is located.

(Failed passage in Senate Public Safety Committee)

SB 686 (Dunn-D) Death penalty: warrant for execution

Permits the Attorney General, district attorney of the county of conviction or the warden at San Quentin to request that the Governor extend the warrant of execution, thereby bypassing the current procedures requiring the court to issue a warrant 30-60 days from the date of the order.

(Failed passage in Senate Public Safety Committee)

AB 3 (Ashburn-R) Child abuse: death penalty

Expands the "special circumstances" list to authorize imposition of the death penalty where the victim was under the age 14, and the defendant knew or should have known that the victim was under age 14.

(Failed passage in assembly Public Safety Committee)

Similar legislation is AB 4 (Baldwin-R) which is in Assembly Public Safety Committee.

AB 35 (Strickland-R) Death penalty: rape and child molestation

Authorizes imposition of the death penalty under two new "special circumstances". First, for a person convicted of rape where the person has a prior conviction for rape. Second, for a person convicted of lewd or lascivious acts on a child under age 14, or convicted of committing lewd and lascivious acts on a child under age 14 accomplished by force, violence or fear, where the person has a prior conviction for either offense.

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

AB 54 (Battin-R) Death penalty: minors

Authorizes capital punishment for any person 16 years of age or older who commits a first-degree murder with special circumstances.

(Failed passage in Assembly Public Safety Committee)

AB 371 (Havice-D) Murder: special circumstances

Expands death penalty eligibility to include those people who commit a deliberate, premeditated murder and two deliberate and premeditated attempted murders at the same time.

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

AB 589 (Margett-R) Murder: special circumstances

Expands the "special circumstances" list allowing imposition of the death penalty to include the murder of peace officers employed by a state hospital under the jurisdiction of the State Department of Mental Health or Development Services.

(In Assembly Appropriations Committee)

AB 625 (Olberg-R) Death sentence: waiver of automatic appeal

Provides a person sentenced to death may give up his or her right to an automatic appeal to the California Supreme Court if the trial court determines that the waiver is made knowingly, intelligently, and voluntarily.

(Failed passage in Assembly Public Safety Committee)

AB 1184 (Zettel-R) Murder: special circumstances

Expands "special circumstances" authorizing the death penalty to include murders where the defendant killed a victim who was at the time of the killing protected by a restraining order or protective order against the defendant, and the defendant had notice of the order.

(Failed passage in Assembly Public Safety Committee)

Domestic Violence

SB 218 (Solis-D) Domestic violence: firearm seizures

Makes numerous changes to improve the effectiveness of domestic violence protective orders and provides greater security and protection for victims of domestic violence. Double-joined with AB 59 (See Crime and Sentencing).

Chapter 662, Statutes of 1999

SB 355 (Hughes-D) Domestic violence: community college police

Adds community college and K-12 school district police to existing statutes that involve additional peace officer authority or status, in specified domestic violence situations.

Chapter 659, Statutes of 1999

SB 563 (Speier-D) Battery: domestic partners

Expands the scope of individuals listed under the felony domestic violence laws to include a former spouse, former cohabitant, or the mother or father.

Chapter 660, Statutes of 1999

SB 907 (Murray-D) Voter information: domestic violence

Permits a voter to have the residence address, telephone number, precinct number and occupation declared confidential if the Secretary of State certifies that the voter, or the spouse or children living with the voter, is either subject to a threat of violence, or a subject of stalking.

(In Senate Judiciary Committee)

SB 968 (Ortiz-D) Reports: Child Safety and Family Violence Act

Requires, until January 1, 2005, that whenever a report of domestic violence is filed with a law enforcement agency, an investigation is conducted, and the report is substantiated, the report of domestic violence must be provided to a child protective service agency whenever the investigating officer has a reasonable suspicion that a minor was residing in the home at the time of the domestic violence incident. Provides that a report of domestic violence will not by itself serve as a basis of an investigation by child protective services.

(In Senate Appropriations Committee)

SB 1100 (Speier-D) Office for Prevention of Violence Against Women and Families

Establishes the Office for Prevention of Violence Against Women and Families in the State Department of Health Services. This office would develop procedures and screening tools for detection of domestic violence and implement routine and repeated screening for recipients of Medi-Cal, comprehensive perinatal services, Access for Infants and Mothers, and state-only family planning.

(In Senate Appropriations Committee)

SB 1198 (Solis-D) Domestic violence: appropriation

Appropriates $25 million from the State General Fund to the State Department of Health Services for local assistance for the purposes of expanding the battered women's shelter program.

(In Assembly Human Services Committee)

SCR 7 (Solis-D) Domestic Violence Awareness Month

Designates October 1999 as Domestic Violence Awareness Month.

Resolution Chapter 32, Statutes of 1999

AB 207 (Thomson-D) Invasion of privacy: recording communications

Allows the court, under specified conditions, to allow a victim of domestic violence, to record any prohibited communication initiated by the perpetrator of the domestic violence.

Chapter 367, Statutes of 1999

AB 403 (Romero-D) Domestic violence: reports

Requires law enforcement to provide domestic violence victims with one free copy of a domestic violence incident report.

Chapter 1022, Statutes of 1999

AB 558 (Jackson-D) Domestic violence prevention instruction

Authorizes, commencing with the 2001-02 school year, age-appropriate instruction in domestic violence prevention. Requires the State Department of Education to identify and distribute information and a model curriculum to school districts and county offices of education relative to domestic violence prevention instruction.

Vetoed by the Governor

AB 578 (Honda-D) Domestic violence: education

Establishes requirements for teacher training and distribution of information to school districts and county offices of education relative to domestic violence and sexual assault.

(In Senate Appropriations Committee)

AB 808 (Strom-Martin-D) Spousal support

Requires the court, when considering the age and health of a spouse for purposes of making an order of permanent spousal support, to include consideration of emotional distress resulting from domestic violence, as specified.

Chapter 284, Statutes of 1999

AB 825 (Keeley-D) Harassment and domestic violence

Requires that forms used for certain protective and restraining orders be adopted by the Judicial Council and approved by the State Department of Justice, and that these forms be used for transmittal of information to the State Department of Justice for registration in the Domestic Violence Restraining Order System.

Provides that if a court issues a restraining order on a different form than above, that in and of itself does not make the order unenforceable. Double-joined with AB 59 (Crime and Sentencing section) and AB 1671 (Family Law section) and SB 218 (this section).

Chapter 661, Statutes of 1999

AB 840 (Kuehl-D) Child custody: domestic violence perpetrators

Creates a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has been found in a court proceeding to have perpetrated domestic violence would be detrimental to the best interest of the child. Provides that in cases where both parents are perpetrators of domestic violence, the above presumption is not applicable.

Chapter 445, Statutes of 1999

AB 933 (Keeley-D) Arbitration: community property: domestic violence

Prohibits the court from submitting property issues in family law cases to mediation or arbitration if domestic violence is alleged to have occurred between the parties or a protective order is in effect, unless the arbitrator has had proper training. Provides that the arbitration would take place in the courthouse or where there is adequate security, the safety of the parties, attorneys and the arbitrator are safeguarded, and the arbitrator could terminate the arbitration at any time he or she determines the safety of any participant is threatened.

Vetoed by the Governor

AB 946 (Washington-D) Probation: domestic violence

Deletes provisions in current law requiring probation to assess the future probability of a domestic violence defendant committing murder and instead requires an assessment of the defendant's propensity toward violence.

Returned by Governor; held at Senate Desk for amendments

Gang Violence

SB 167 (Hayden-D) Street gangs: public nuisance

Grants to a district attorney, a city attorney, or the Attorney General, in a single provision of the Penal Code, the authority to bring a civil action against an alleged criminal street gang or its members to abate a public nuisance.

(In Senate Public Safety Committee.)

SB 323 (Hayden-D) Peace Process Task Force and Commission on Prison Peace

Creates the Commission on Prison Peace to address and identify the causes of violence in state prisons and recommends prevention solutions. Establishes the Peace Process Task Force to make findings and recommendations regarding gang violence prevention and to promote a peace process.

Vetoed by the Governor

SB 978 (Solis-D) Gang and pregnancy prevention

Requires every local police department in this State to establish within the department a unit or division comprised of officers who are specially trained to work with at-risk youth and in-gang and pregnancy prevention.

(In Senate Public Safety Committee.)

AB 565 (Florez-D) Gang violence

Sets forth intent of the Legislature to maintain funding for the California Gang, Crime, and Violence Prevention Partnership Program.

(In Assembly Public Safety Committee)

AB 1415 (Margett-R) L.A. Interagency Police Apprehension Crime Clearinghouse

Appropriates $17.4 million to enable the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) to form a gang drug crime intervention unit among participating cities and enables the Los Angeles County Regional Criminal Information Clearinghouse to form a unit dealing with gang-related, drug-related, and violence crimes. Requires independent evaluations of both programs.

(In Assembly Appropriations Committee.)

Child Abuse

SB 9 (Rainey-R) Reporting of crimes

Makes it an alternate felony/misdemeanor ("wobbler") for any person who is present and observes a lewd act on a child or a battery likely to cause great bodily injury against a child under the age of 14 to fail to notify law enforcement as soon as reasonably possible.

(In Senate Public Safety Committee)

SB 208* (Polanco-D) Child abuse: dependency proceedings

Creates a presumption in dependency proceedings that a child before the dependency court is a dependent ward of the court and at substantial risk of abuse or neglect, if their parent or guardian, as specified, is currently alleged to have committed, either in this state or another state, or previously was convicted of sexual abuse, as specified. Expressly authorizes dependency courts to direct the mandatory child abuse reporting of a minor whom the court believes has been a victim of a criminal abuse or neglect.

Chapter 417, Statutes of 1999

SB 445 (Monteith-R) Children's services

Allows district attorneys to utilize money not expended for the administration of the local child support program for children related services, including child abuse and child molestation and prosecution of these cases.

(In Senate Judiciary Committee)

SB 525 (Polanco-D) Child death review teams

Expands the membership and responsibilities of the Child Death Review Council. Provides that the development of the tracking system will become operative on July 1, 2000, to the extent funds might be allocated. Provides that the training provisions relating to the Office of Criminal Justice Planning are to be done within their existing budget or to the extent funds are appropriated.

Chapter 1012, Statutes of 1999

SB 647 (Rainey-R) Child abuse multidisciplinary team

Establishes a special account in the General Fund to support child abuse multidisciplinary teams and multidisciplinary centers, to be administered by the Office of Criminal Justice Planning. Provides that the funds are to be distributed to counties pursuant to specified criteria and application procedures under which these teams and centers will be required to adopt a written protocol agreement that meets specified requirements.

(In Senate Appropriations Committee)

SB 674 (Ortiz-D) Statute of limitations for childhood sexual abuse cases

Provides that the extended statute of limitations in childhood sexual abuse civil cases that was enacted in 1998 and applies to third parties is to be applied retroactively (i.e., to any action commenced on or after January 1, 1999, and to any action filed prior to January 1, 1999, and still pending on that date, including any action or causes of action which would have been barred by the laws in effect prior to January 1, 1999). However, this provision also declares it is not intended to revive actions to which there has been a final adjudication prior to January 1, 1999.

Chapter 120, Statutes of 1999

SB 792 (Ortiz-D) Reports on child abuse

Protects a parent's right to child custody or visitation from being prejudiced by the parent's making an allegation of child sexual abuse, but gives the court authority to limit the parent's custody or visitation for maliciously and intentionally making a false report of child sexual abuse. Requires that any supervised visitation ordered by the court be done pursuant to the California Standards of Judicial Administration recommended by the Judicial Council.

Chapter 985, Statutes of 1999

SB 802 (Haynes-R) Children: dependency hearings

Makes numerous changes to the Child Abuse and Neglect Reporting Act.

(In Senate Judiciary Committee)

SB 924 (Vasconcellos-D) Pilot program: child abuse intervention

Authorizes a pilot program in up to five counties, including Los Angeles and Santa Clara, to implement family conferencing plans for child abuse intervention.

(In Senate Appropriations Committee)

SJR 17 (Haynes-R) Child sexual abuse

Urges the President and Congress to reject and condemn any suggestions that sexual relations between children and adults, except for those that may be legal in the various states under statutes pertaining to marriage, are anything but abusive, destructive, exploitive, reprehensible, and punishable by law.

(Held at Assembly Desk)

AB 3 (Ashburn-R) Child abuse: death penalty

Expands the "special circumstances" list to authorize imposition of the death penalty where the victim was under the age 14, and the defendant knew or should have known that the victim was under age 14.

(Failed passage in Assembly Public Safety Committee)

Similar legislation is AB 4 (Baldwin-R) which is in Assembly Public Safety Committee.

AB 35 (Strickland-R) Child abuse: death penalty

Authorizes imposition of the death penalty under two new "special circumstances". First, for a person convicted of rape where the person has a prior conviction for rape. Second, for a person convicted of lewd or lascivious acts on a child under age 14, or convicted of committing lewd and lascivious acts on a child under age 14 accomplished by force, violence or fear, where the person has a prior conviction for either offense.

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

AB 37 (Torlakson-D) Lewd acts: reporting

Requires a person who believes he or she has witnessed a forceful lewd act on a child under 14 to notify a peace officer. Failure to do so would be a misdemeanor, punishable by six months in jail and/or a fine of up to $1,500.

(Failed passage in Assembly Appropriations Committee)

AB 226 (Runner-R) Child abuse: recorded interviews

Requires any interview with a child by a child protective agency, for the purpose of investigating allegations of child abuse or molestation, to be recorded by an audio or audio/video device.

(In Assembly Appropriations Committee)

AB 325 (Battin-R) Child abuse: three strikes

Changes the "Three Strikes" Law to provide that a person convicted of a specified sexual offense upon a child and has one prior conviction for a specified sexual offense upon a child is sentenced the same as if it were a "third strike".

(In Assembly Appropriations Committee)

AB 804 (Keeley-D) Abuse and neglect

Expands the types of behaviors constituting abuse and neglect which may bring a child under the jurisdiction of the juvenile dependency court to include educational neglect.

(In Assembly Human Services Committee)

AB 1111* (Aroner-D) Omnibus Social Services Budget Trailer Bill

Provides, among other provisions, that existing law, until July 1, 2000, requiring county administered assistance programs include a battered immigrant spouse, child, or parent or child of a battered immigrant or a Cuban or Haitian immigrant within the scope of those persons who are eligible for state food assistance benefits.

Chapter 147, Statutes of 1999

AB 1134 (Washington-D) Juvenile Crime Prevention Program

Establishes a Juvenile Crime Prevention Program under the Office of Child Abuse Prevention. Appropriates $10,895,400 to fund twelve existing juvenile crime prevention sites for three years, starting in 2000-01.

(In Assembly Appropriations Committee)

AB 1241 (Rod Pacheco-R) Child abuse reporting

Reorganizes and recasts the list of persons required to report child abuse with simplified, conforming cross-references that would make no changes to substantive law.

(In Senate Public Safety Committee)

AB 1330 (Soto-D) Crimes against children

Makes it either a misdemeanor or a felony for any person who uses a camcorder or photographic camera of any type, to photograph the breasts, genitals, pubic, or rectal area of a child under 18 years of age, with specified sexual intent, or to use a camcorder or photographic camera of any type, to photograph the breasts, genitals, pubic, or rectal area of a child under 18 years of age, and sell or publish in print or on the Internet that photograph or videotaped image with the intent of arousing, appealing to, or gratifying the sexual intent as specified of that person or another person. Provides that a violation of either of these offenses is punishable by imprisonment in a county jail not exceeding one year and a fine of $10,000, or by imprisonment in the state prison and by a fine of $10,000.

(In Assembly Public Safety Committee)

AB 1349 (Soto-D) Sexual exploitation of a child: child pornography

Prohibits attorneys representing persons accused of obscenity-related offenses from copying alleged obscene material in preparation of their defense. Allows attorneys to review the alleged obscene material in a law enforcement-provided private viewing area.

(In Assembly Public Safety Committee)

AB 1447* (Granlund-R) Child Abuse and Neglect Reporting Act

Makes a series of essentially technical changes to the Child Abuse and Neglect Reporting Act.

(In Senate Judiciary Committee)

ACR 7 (Battin-R) Child abuse and neglect

Acknowledges the Child Abuse Prevention Month "Honor Our Children" Campaign as a positive effort to promote public awareness of child abuse and its prevention.

Resolution Chapter 13, Statutes of 1999

AJR 21 (Runner-R) Child sexual abuse

Urges the President and Congress to reject and condemn any suggestions that sexual relations between children and adults, except for those that may be legal in the various states under statutes pertaining to marriage, are anything but abusive, destructive, reprehensible and punishable by law.

Resolution Chapter 112, Statutes of 1999

AJR 24 (Romero-D) Child sexual abuse

Rejects and condemns any characterization of specified research relating to child sexual abuse that implies or suggests that sexual relations between children and adults are anything but abusive, destructive, exploitative, reprehensible, and punishable by law.

(In Assembly Rules Committee)

Sex Offenders

SB 11* (Schiff-D) Sexually violent predators

Provides that a petition to have an offender declared to be a sexually violent predator shall not be dismissed on the basis of a later judicial or administrative determination that the individual's custody was unlawful as the result of a good faith mistake of fact or law.

Chapter 136, Statutes of 1999

SB 341 (Figueroa-D) Sex offenders: juveniles

Expands the scope of existing penalties for failure to register as a sex offender by including juvenile adjudications in the underlying offenses triggering the penalties.

Chapter 901, Statutes of 1999

SB 746 (Schiff-D) Sexually violent predators: offenses committed by minors

Allows the use of one of the two forcible sex offenses in existing law necessary to render a prison inmate eligible for commitment as a sexually violent predator to be a juvenile adjudication for such an offense, and thereby to significantly expand the reach of the sexually violent predator law.

Chapter 995, Statutes of 1999

SB 1275 (Schiff-D) Sex offender: employment

Requires a convicted sex offender to report employment information to law enforcement.

Chapter 730, Statutes of 1999

AB 205 (Leach-R) Children's Privacy Protection and Parental Empowerment Act

Prohibits any person from (1) permitting an incarcerated person or minor committed to the State Department of the Youth Authority or any sex offender, as defined, to process personal information of children, subject to an exception, or (2) knowingly disclosing, as defined, or soliciting personal information relating to a child that may be used to harm, abuse, or exploit the child. Requires list brokers, as defined, to provide specified information relating to a child to the child's parent, and to discontinue all disclosures of personal information about a child, as defined, to third parties within 10 working days of receiving a written request from the parent. Prohibits persons who, by mail, market or sell products or services directed to children, from sending further mail solicitations to a parent or child if the parent has requested that those solicitations cease. Provides that a violation of any of these provisions or any of the other prohibitions of the bill would be a misdemeanor.

(In Assembly Judiciary Committee)

AB 347 (Battin-R) Sex offenses: Internet directory

Directs the State Department of Justice to create and maintain an Internet site that lists persons required to register as sex offenders.

(In Assembly Appropriations Committee)

AB 506 (Wayne-D) Sex offenses: sentencing

Makes intent to commit a specified sexual offense during a residential burglary a "one-strike" offense, punishable by life in prison, adds sexual assault on an unconscious person and continuous sexual abuse of a child to the list of qualifying one-strike offenses, and adds non-forcible drugging of a victim of the purposes of committing a sexual offense to the list of qualifying factors for one-strike sentencing.

(In Assembly Appropriations Committee)

AB 870 (Dickerson-R) Sex crimes: sentencing

Makes all "one strike" sex crimes where it is pled and proved that one specified aggravating factor is present punishable by a term of 25-years-to-life in the state prison. Specifically, eliminates the distinction between the two groups of aggravating factors contained in the "one strike" sex law making all qualifying crimes subject to a penalty of 25-years-to-life, rather than 15-years-to-life if there is only one of the less serious aggravating factors present.

(Failed passage in Assembly Public Safety Committee)

AB 876 (Maldonado-R) Trials: sexually violent predators

Requires cities or counties to be reimbursed for the costs of annual trials to extend the commitments of sexually violent predators.

(In Assembly Appropriations Committee)

AB 1091 (Bates-R) Registration of juvenile sex offenders

Requires a juvenile declared a ward of the court, but not committed to the California Youth Authority, to register as a sex offender for life if he or she commits a felony sex crime.

(In Assembly Public Safety Committee)

AB 1193 (Leonard-R) Sex offender registration

Makes several changes to California's sex offender registration statute, some to comply with federal law, including: (1) clarifying the registration requirements for persons with more than one residence address or location where they regularly reside; (2) requiring out-of-state residents who, for employment or school purposes, spend more than 14 days, or an aggregate period exceeding 30 days in a calendar year, to register in California as sex offenders if they have been convicted of offenses subject to sex offender registration; (3) adding an additional five years to the rehabilitation period required of registered sex offenders for a certificate of rehabilitation, as specified; and (4) making additional technical changes. Double-joined with AB 1340 (this section), AB 341 (law enforcement) and SB 1275 (this section).

Chapter 576, Statutes of 1999

AB 1300* (Rod Pacheco-R) Sex offenders: parole

Enacts the Sex Offender Containment Act. Requires more scrutiny and supervision of high-risk sex offenders, including indefinite parole upon a showing of good cause and a new program of intensive parole for high-risk offenders. Requires that any person sentenced to prison for a specified sex offense that is defined as a violent felony be retained on parole for five years, not three as in current law.

(On Senate Inactive File)

AB 1306 (Leach-R) Sex offenses: sentencing

Makes numerous changes to statutes involving sentencing, work time credits and parole restrictions for individuals convicted of sexual offenses.

(In Assembly Public Safety Committee)

AB 1340 (Honda-D) Sex offender registration

Repeals the January 1, 2001, sunset on the State Department of Justice's (DOJ) CD-ROM/"900" telephone number program that allows public access to information about registered sex offenders, and requires DOJ to report annually on the program.

Allows a minor, when accompanied by a parent or guardian, to view sex offender registration information contained in the CD-ROM.

Requires information about persons convicted of the attempted commission of specified sex offenses, who are already required to register as sex offenders, to be included in the CD-ROM/"900" telephone number.

(In Assembly Appropriations Committee)

AB 1458 (Wiggins-D) Sexually violent predators

Revises the definitions of "sexually violent predator" and "predatory" for the purpose of expanding the group of persons who may be subject to commitment petitions filed by the county. Double-joined with SB 746 (this section) and SB 11 (this section).

(In Senate Appropriations Committee)

Controlled Substances

SB 68 (Murray-D) Methamphetamine and powdered cocaine

Classifies methamphetamine, currently a Schedule II drug, as a Schedule I drug, and increases the penalties for possession, possession for sale and sale of methamphetamine.

Classifies powdered cocaine (cocaine hydrochloride), currently a Schedule II drug, as a Schedule I drug, and thereby raises the punishment for possession of cocaine for sale to be equal to that for possession of that Schedule I drug cocaine base ("rock" cocaine) for sale.

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

SB 273 (Knight-R) Marijuana: possession

Increases the existing fine of possession of not more than 28.5 grams of marijuana from $100 to $1,000.

(In Senate Public Safety Committee)

SB 550* (Johnston-D) Dronabinol: reclassification

Moves the controlled substance dronabinol, an orally taken pharmaceutical form of synthetic medicinal marijuana, from Schedule II to Schedule III, and thereby reduces restrictions for physicians in prescribing the drug.

(Returned by the Governor for further amendments)

SB 847 (Vasconcellos-D) Marijuana research

Establishes a three-year research program to determine the safety and efficacy of marijuana as a therapeutic drug.

Chapter 750, Statutes of 1999

SB 848 (Vasconcellos-D) Medicinal marijuana

Establishes a voluntary statewide medical marijuana Registration Identification Card Program administered by the State Department of Health Services.

(On Assembly Inactive File)

SB 1261 (Hayden-D) Commission on Drug Policy and Violence

Establishes, within the Attorney General's Office, the Commission on Drug Policy and Violence to assess the level and types of violence incurred under present state and national drug policies.

(In Assembly Appropriations Committee)

SB 1292 (Rainey-R) Controlled substances: retail distributors

Makes it a misdemeanor for any retail distributor to sell in a single transaction more than four packages of a product that he or she knows to contain ephedrine, or to knowingly sell more than 24 grams of ephedrine, as defined. Makes the four package limitation inapplicable to any product that is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to specified provisions of federal law.

Provides that it is the intent of the Legislature that specified provisions of state law shall preempt all local ordinances or regulations governing the sale by a retail distributor of over-the-counter ephedrine-containing products.

(In Senate Public Safety Committee)

AB 162 (Runner-R) Ephedrine: retail distributors

Makes it a misdemeanor for a retail distributor to knowingly sell more than three packages or nine grams of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine in a single transaction.

Provides an exception to the above provisions for "pediatric liquid" forms, which the bill defines a nonencapsulated liquid whose unit measure according to product labeling is stated in milliliters, ounces, or other similar measure. In no instance shall the dosage units exceed 15 milligrams of phenylpropanolamine or pseudoephedrine per five milliliters of liquid product, except for liquid products primarily intended for administration to children under two years of age for which the recommended dosage unit does not exceed two milliliters and the total package content does not exceed one fluid ounce.

Chapter 978, Statutes of 1999

AB 382* (Cardoza-D) Methamphetamine: laboratory detection

Appropriates $600,000 to the Office of Criminal Justice Planning to purchase a Standoff Chemical Agent Detector and Training Program on its operation for use by the Central Valley Methamphetamine Task Force to detect methamphetamine laboratories.

(In Senate Public Safety Committee)

AB 438 (Maddox-R) Pupils: controlled substances

Requires school districts to immediately suspend and recommend expulsion for students who possess any Schedule I or Schedule II controlled substance of the Health and Safety Code. Current law provides discretion to the principal and district officials to decide if expulsion is warranted.

Deletes the exemption for the first offense of the possession of not more than one ounce of non-concentrated marijuana from the list of offenses for which school district officials must recommend expulsion, unless they find expulsion is inappropriate due to the particular circumstances.

Requires school and district officials to recommend expulsion, unless it is found that expulsion is inappropriate due to the particular circumstances, for any student unlawfully possessing any Schedule III, IV, or V controlled substance of the Health and Safety code, which includes medicinal drugs.

(In Assembly Appropriations Committee)

AB 677 (Rod Pacheco-R) Methamphetamines: manufacture

Codifies case law and declares the manufacture of methamphetamine an inherently dangerous felony for purpose of the second degree felony-murder rule.

(Failed passage in Senate Public Safety Committee)

AB 824 (House-R) Designated drug-free zone neighborhoods

Provides a two-year sentence enhancement for any defendant 18 years or older who involves a minor in a drug crime, if the offense involved heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), and occurred on the grounds of any designated drug-free zone.

(Failed passage in Assembly Public Safety Committee)

AB 924 (Assembly Public Safety Committee) Controlled substances

Includes gamma-butyrolactone (GBL), a drug related to gamma-hydroxybutyrate as a Schedule II controlled substance.

Allows legitimate manufacturers and distributors of GBL to obtain formal authorization from the State Department of Justice for such activities.

Double-joined with SB 550 (see this section) and AB 162 (see this section).

Chapter 975, Statutes of 1999

AB 979 (Florez-D) Methamphetamine: regional task force

Authorizes, until January 1, 2005, the establishment of a nine-county Central Valley Methamphetamine Task Force to reduce the number of incidences of methamphetamine manufacturing and trafficking, administered by the Office of Criminal Justice Planning, and provides that funding shall be provided upon appropriation in the annual Budget Act.

(In Senate Appropriations Committee)

AB 1021 (House-R) Controlled substances: disposal

Makes it a felony for any person engaged in the manufacture, possession, sale or use of a controlled substance to dispose, dump or place a controlled substance, or drug paraphernalia, into a water source.

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

AB 1085 (Robert Pacheco-R) Controlled substances: mobilehome parks

Clarifies that the enhancement for drug crimes involving minors that occurs in specified places, such as playgrounds, day-care centers, public swimming pools, etc., apply in "family mobilehome parks."

(In Senate Public Safety Committee)

AB 1313 (Rod Pacheco-R) Drug offenders

Increases the penalty for selling methamphetamine from two, three, or four to three, four, or five years in state prison. Expands the enhancement (one, two, or three years in state prison) for using a minor to sell cocaine base with a prior prison commitment for the same conduct to include cocaine, methamphetamine, and heroin. Expands the enhancement (three, four, or five years in state prison) for possession for sale and sale of cocaine base, heroin, and methamphetamine within 1,000 feet of a school to include possession for sale of powder cocaine. Expands the felony offense of a minor employing a fellow minor to commit a drug transaction to include methamphetamine.

(In Assembly Appropriations Committee)

Drunk Driving/Vehicle Code

SB 24* (Senate Public Safety Committee) Vehicles

Resolves chaptering and technical problems that occurred as a result of SB 1186 of 1998, which reorganized the Vehicle Code sections dealing with driving under the influence.

Chapter 22, Statutes of 1999

SB 170 (Rainey-R) Trespassing on toll bridges

Imposes misdemeanor penalties, including community service requirements, of any person who trespasses on vehicular crossings that are toll bridges under the jurisdiction of the State Department of Transportation.

(In Assembly Appropriations Committee)

SB 322 (Leslie-R) Driving under the influence

Changes from an infraction to a misdemeanor for a person under the age of 21 years who has 0.05% or more, by weight, of alcohol in his or her blood to drive a vehicle.

(In Senate Public Safety Committee)

SB 567 (Speier-D) Child passenger restraint system: seatbelts

Increases, until January 1, 2001, fines for violations of child passenger vehicle restraint systems, authorizes a court to direct a violator to attend a community education program, prohibits the sale of used child restraint systems, revises the formula for distribution of fine revenue from such violations, authorizes a police officer to stop a vehicle transporting children four to 15 years of age if not properly restrained, and makes other related changes.

(On Assembly Floor)

SB 681 (Speier-D) Vehicles: property damage only accidents: clearing highway

Amends the traffic laws by providing that a person involved in a property damage only motor vehicle accident may drive off the main lanes of the highway to a safe location within the immediate vicinity of the accident unless that action would create a traffic hazard or cause injury to, or aggravate the injury of, any person. Moving the vehicle in accordance with this provision would not affect the question of fault.

Provides that a government agency, the Department of the California Highway Patrol, or the employees or officers of those agencies, may not be held liable for any damage to material, cargo, or personal property caused by a negligent act or omission of the employee or officer when the employee or officer acts to remove material, cargo, or personal property which have fallen onto the highway.

Chapter 421, Statutes of 1999

SB 772 (Alarcon-D) Enhancements: driving under the influence

Provides for an enhancement of one year in state prison for each additional injured victim for a felony conviction of driving under the influence of alcohol or drugs, or both, if that act proximately causes bodily injury.

Provides a one-year additional county jail enhancement for each additional injured victim, if the person proximately causes bodily injury or death to more than one victim in any one instance of driving under the influence of alcohol or drugs if the person is convicted of a misdemeanor.

Provides a 3, 4, or 5 year enhancement in state prison for each additional injured or deceased victim if the person proximately causes death or great bodily injury, as defined, to any person other than the defendant who drives under the influence of alcohol or drugs.

Places no limitation on the number of enhancements that may be imposed under these changes.

(In Senate Public Safety Committee)

SB 775 (Haynes-R) Plea bargaining: serious felonies

Includes driving under the influence of alcohol or drugs causing death or serious injury in the definition of "serious felony" to existing law which was amended by initiative statute, prohibiting plea bargaining in any case in which the indictment or information charges any serious felony.

(In Senate Public Safety Committee)

SB 852 (Polanco-D) Removal of unlawfully parked vehicles: Motor Vehicle Board

Prohibits a private property owner from removing a vehicle parked on the property without first placing a notice on the vehicle notifying the vehicle owner that the vehicle will be removed according to a specified timeframe.

Provides that the New Motor Vehicle Board has no jurisdiction with respect to any consumer claim that has been filed with the court.

Vetoed by the Governor

SB 1026 (Karnette-D) Financial responsibility: crimes

Makes it a misdemeanor to make, sell, or use false documentation as evidence of proof of financial responsibility as required by the Vehicle Code.

(In Assembly Public Safety Committee)

SB 1282* (Lewis-R) Vehicles: violations

Clarifies that the increased penalty for hit-and-run applies when a death or serious injury results from the accident, not from the running from the scene of the accident.

Provides that documents sent electronically by the State Department of Justice to the State Department of Motor Vehicles (DMV) regarding a DUI may be admissible in the Admin Per Se hearing only if certified, as specified, by a DMV employee.

Chapter 854, Statutes of 1999

AB 467 (Torlakson-D) Traffic violator school operator: requirements

Permits a commercial vehicle training and education facility to serve as a traffic violator school.

Chapter 282, Statutes of 1999

AB 681 (Calderon-D) Vehicles: traffic violator schools

Makes changes regarding the licensure, oversight, training of instructors, and the operation of traffic violator schools.

(In Senate Transportation Committee)

AB 722 (Reyes-D) Enhanced sentences: driving under the influence

Provides that a person convicted of a felony: (1) driving under the influence of alcohol, drugs, or a combination of alcohol and drugs; (2) gross vehicular manslaughter while intoxicated; or (3) vehicular manslaughter and the person proximately caused death or injury to more than one victim, shall receive a two-year enhancement in prison for each additional injured victim and a four-year enhancement in prison for each additional death. Further provides that no more than six enhancements may be imposed pursuant to this bill.

(In Assembly Appropriations Committee)

AB 745 (Washington-D) Motor vehicle fines and records

Caps the amount of a penalty assessment at $100 for motor vehicle registration and equipment violations. Requires the State Department of Motor Vehicles to retain failure to appear records for ten years, rather than five as under current law.

Vetoed by the Governor

AB 803 (Torlakson-D) Driving under the influence

Requires a person under 21 years of age who drives with detectable traces of alcohol to enroll in a course regarding the dangers of alcohol.

(In Senate Public Safety Committee)

AB 834 (Cardoza-D) Unlawful conduct: insurance

Makes it a felony to produce or sell any false, altered, forged, etc. document of evidence of automobile insurance and makes it a misdemeanor to possess such documents or to present them to a peace officer or the State Department of Motor Vehicles.

(In Senate Public Safety Committee)

AB 923 (Hertzberg-D) Railroad crossings: penalty

Fixes, in counties with a population greater than 500,000, the base fine for Vehicle Code violations related to railroad crossings at $100, and up to $200 for a second violation within a year. Mandates the distribution of the funds, as follows:

1. The first 30 percent of the fines would be allocated to the transit district or commission where the offense occurred for the purposes of railroad crossing public safety and education; or
2. If no transit district exists in the area, the entire amount of the fine would be deposited with the county for distribution according to the existing formula.

Requires the California Public Utilities Commission, in consultation with the State Department of Transportation, to adopt rules and regulations prescribing uniform standards defining when enforcement begins after the warning signal sounds at a railroad crossing.

Designates the California Public Utilities Commission as the lead entity for adopting regulations at railroad crossings.

Chapter 841, Statutes of 1999

AB 1083 (Calderon-D) Driving under the influence

Makes it unlawful for any person to operate a vehicle when under the combined influence of any alcoholic beverage and drug, an excessive blood alcohol concentration or to drive when the person is addicted to the use of any drug.

(In Assembly Public Safety Committee)

AB 1133 (Thompson-R) Vehicle forfeiture

Expands the definition of "ownership of a vehicle" in forfeiture proceedings for a person arrested for driving without a valid license. Enables a peace officer to immediately impound a vehicle and initiate forfeiture proceedings against the person arrested for driving under the influence.

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

AB 1150 (Thompson-R) Driving under the influence

Makes driving under the influence of drugs or alcohol and negligently causing great bodily injury inflicted upon a peace officer in the performance of his or her duties punishable by 16 months, two, or four years in the state prison.

(In Senate Public Safety Committee)

AB 1151 (Leach-R) Vessels

Provides for a minimum fine of $1,000 for leaving the scene of a boating accident without leaving identifying information.

Chapter 500, Statutes of 1999

AB 1287 (Davis-D) Boating safety

Mandates floatation devices for all children under age 11 and all personal watercraft users. Requires the development of a model boating education course, and mandatory testing and certification of pilots on a graduated basis. Requires anyone convicted of a boating offense to complete the education course.

Vetoed by the Governor

AB 1471 (Havice-D) Vehicles: inflatable restraint systems

Prohibits the reinstallation of a previously deployed vehicle inflatable restraint system ("airbag").

Chapter 449, Statutes of 1999

AB 1563 (Battin-R) Vehicles: failure to stop

Makes it a felony, punishable to three, four or five years in state prison, to drive a vehicle and evade the police for not less than two minutes past the time the driver knew of the police pursuit, or, drive for not less than two miles past the time the driver knew of the police pursuit.

(Failed passage in Assembly Public Safety Committee)

ACR 62 (Havice-D) Sober Graduation Month

Designates May 23, 1999, to June 20, 1999, inclusive, as Sober Graduation Month and requests Californians to join the State Department of the California Highway Patrol in supporting the Sober Graduation Program.

(In Senate Rules Committee)

Other Crimes and Sentencing

SB 7 (Figueroa-D) Healing arts: physicians

Requires health insurance employees that act to deny, significantly delay, terminate, or otherwise limit health care to be licensed to practice medicine in California. Provides that a violation of the bill's provisions constitutes a misdemeanor.

(In Assembly Appropriations Committee)

SB 31 (Peace-D) Murder: special circumstances

Removes the term "deliberate" from the definition of express malice and states that this is declaratory of existing law. Adds any murder, which is perpetrated by means of kidnapping or arson when the kidnapping or arson is done with the intent to kill the victim to the list of specified murders, which constitute murder in the first degree. Adds any murder when the victim is under the age of 14 years of age at the time of the murder and the defendant reasonably should have known that the victim is under 14 years of age to the list of specified murders that constitute murder in the first degree. Makes the first degree murder of a child under the age of 14 a special circumstance which, if charged and found to be true, would be punishable by death of confinement in state prison for life without parole.

(In Senate Public Safety Committee)

SB 52 (Haynes-R) Voluntary intoxication

Makes evidence of voluntary intoxication inadmissible to show that a person did not actually form the requisite specific intent when the crime charged is a violent crime under Penal Code Section 667.5.

Provides that if evidence shows that a defendant was voluntarily intoxicated at the time of the alleged violent crime, the court shall instruct the jury that they may not consider the evidence as negating the capacity to form, or the actual formation of, any mental state or specific intent that is required.

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

SB 79 (Hayden-D) Three Strikes Task Force

Establishes a task force to review and assess the Three Strikes Law and recommend any changes that may be required to serve public safety purposes in a fair and efficient manner.

(On Senate Third Reading File)

SB 80 (Hayden-D) Hate crimes

Establishes the California Commission on Combating Hate Groups and sets forth the responsibilities and goals of the commission and appropriates $200,000 for purposes of implementing this bill.

Vetoed by the Governor

SB 103 (Johannessen-R) Dog bites: penalties

Enacts Cody's Law. Increases the penalty from a six-month misdemeanor to a wobbler with one-year misdemeanor if a dog bites a human on two separate occasions or on one occasion causing substantial physical injury. Exempts peace officers assigned to a canine unit from these provisions.

Chapter 265, Statutes of 1999

SB 116 (Johnson-R) Escape from custody

Moves the "escape after remand" provisions from Section 4532.5 of the Penal Code to Section 4560 of the Penal Code relative to escapes.

(In Assembly Public Safety Committee)

SB 139 (Johnson-R) Accidental death: concealment

Provides that a person who conceals an accidental death, as defined, is guilty of a misdemeanor.

Chapter 396, Statutes of 1999

SB 157 (Johnston-D) High Technology Theft Apprehension and Prosecution Program

Extends the High-Tech Crime Task Force Program until January 1, 2003.

Chapter 427, Statutes of 1999

SB 163 (Hughes-D) Financial abuse of elders: pilot program

Creates a pilot program in three unnamed counties to be administered by the State Department of Social Services to reduce incidences of financial abuse perpetrated against mentally impaired elders, by authorizing peace officers to certify that an elder person is incapable of managing his or her property and authorizing, but not requiring, the public guardian to immediately take charge of the elder person's property if there exists a significant danger that the property is in danger of loss or misappropriation. Provides for the payment of attorney's fees and costs for the public guardian's services out of the older person's estate. Appropriates $150,000 per year for three years to implement the program.

Vetoed by the Governor

SB 226 (Karnette-D) Sentencing enhancements

Authorizes the court to impose three, five, or seven years of imprisonment upon any person who personally inflicts great bodily harm upon any other person.

(In Senate Public Safety Committee)

SB 370 (Solis-D) Elder abuse

Defines types of conduct that constitute elder abuse. Specifies the circumstances when it is not a failure to provide medical care to an elder.

(In Assembly Public Safety Committee)

SB 488 (Monteith-R) Murder

Removes the "intent to kill" requirement for first degree murder perpetrated by a drive-by-shooting.

(Failed passage in Senate Public Safety Committee)

SB 507 (Alpert-D) Crimes: forfeiture of property

Includes specified forged or counterfeit documents, papers, instruments, notes, and other materials within the listed materials in current law that are subject to being destroyed when used for counterfeiting purposes.

Includes forfeiture of electronic equipment for use in the commission of crimes involving forgery, deceptive in identification papers, or counterfeit government identification documents to equipment already included in forfeiture of property law in existing law.

(In Senate Public Safety Committee)

SB 555 (Karnette-D) Registration of convicted arsonists

Reinstates the $5 million damages provision for the crime of aggravated arson, which is arson intended to cause damage to structures or great bodily injury, and which causes over $5 million in damages, or was committed by a recidivist arsonist. (This provision of law sunsetted on January 1, 1999.)

Clarifies that defendants who are convicted of aggravated arson are required to register with law enforcement. Shifts the duty to inform an arsonist of the registration requirement from the court to the probation officer, the State Department of Corrections, or the State Department of the Youth Authority.

Clarifies that registration is a life-long requirement for those convicted after the effective date of AB 8X (Hoge), Chapter 11, First Extraordinary Session, Statutes of 1993-94 (on or after November 30, 1994), and a five-year duty for those convicted prior to that date (on or after January 1, 1985, through November 29, 1994, inclusive).

Chapter 518, Statutes of 1999

SB 662 (Figueroa-D) Search warrants: foreign corporations

Sets up a procedure for obtaining and serving a search warrant on a foreign corporation that provides electronic communication services or remote computing service to the general public and is registered to do business in California.

Adds provisions to serve a search warrant for research or documents located outside the sate, and prohibits a cause of action from being brought against an individual for complying with a search warrant.

Chapter 896, Statutes of 1999

SB 663 (Figueroa-D) Crimes: vehicle sales

Creates misdemeanor/felony criminal penalties for a new or used car dealer who fails to pay off the security or lease amount within 20 days on any vehicle acquisition, to pay the State Department of Motor Vehicles fees within 20 days or to fail to pay the amount due to a consignor within 20 days.

(In Senate Public Safety Committee)

SB 759 (Johannessen-R) Assault on emergency medical technicians or rescue workers

Makes the penalty for an assault on an Emergency Medical Technician (EMT) or a rescue provider to be the same as for an assault on a peace officer or firefighter.

Eliminates the possible misdemeanor penalty for assault with a dangerous weapon or by means of force likely to produce great bodily injury on an EMT, and to raise the felony prison sentence to three, four, or five years.

Raises the base term sentence (the sentence without addition of enhancements) for an assault with a firearm which is not semi-automatic or automatic on an EMT to four, six or eight years. Raises the base term for an assault with a semi-automatic firearm to five, seven or nine years, and raises the base term for an assault with an automatic firearm to six, nine, or twelve years.

(Failed passage in Senate Public Safety Committee)

SB 768 (Johnson-R) Crimes

Increases existing fines upon the conviction of any person for a violation of specified offenses regarding harmful matter and specified sex offenses in addition to any other penalty or restitution fine imposed from $5,000 to $10,000, upon a felony conviction, and from $1,000 to $5,000 upon a misdemeanor conviction.

(In Senate Public Safety Committee)

SB 777 (O'Connell-D) Ban on cosmetic and household cleaning product testing

Bans the use of the Draize Test or ocular test and the Skin Irritancy Test as applied on live animals for the purpose of testing cosmetics and household cleaning products. Makes it a misdemeanor to violate the bill's provisions.

(In Senate Public Safety Committee)

SB 786* (Schiff-D) Punishment

Clarifies that a prior felony conviction based on a predecessor statute can be used at the time of sentencing to impose an enhancement or a term of imprisonment so long as the predecessor statute included all the elements of the current offense specified as a qualifying "prior felony conviction." Also conforms the sentencing provisions of the "sexually violent predator" law as described above. Declares that this bill is intended to codify the decision in People v. Butler, (1998) 68 Cal. App. 4th 421.

Chapter 350, Statutes of 1999

SB 832 (Senate Public Safety Committee) Technical omnibus criminal law bill

Proposes annual Senate Public Safety Committee technical amendments to current statutes.

Chapter 853, Statutes of 1999

SB 840 (Rainey-R) School safety

Imposes a mandatory minimum incarceration of six months for any misdemeanor battery of a school employee, regardless of injury, and allows a fine of up to $2,000. Imposes a five-year prison enhancement upon a defendant where the victim of a serious felony is a school employee or student, in addition to any other enhancements related to the serious felony.

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

SB 850 (Hayden-D) Hate crimes

Includes, within existing hate crimes, situations where an individual associates with a person protected under hate crimes and is targeted as a victim because of that association.

(In Senate Public Safety Committee)

SB 873 (Vasconcellos-D) Study of the "Three Strikes Law"

Requires a study by the Legislative Analyst, with assistance from the Judicial Council, the Attorney General and the University of California, on the effects and costs of the "Three Strikes" law. Requires the study to be submitted to the Legislature by December 1, 2000.

Vetoed by the Governor

Similar legislation was AB 1247 (Baugh-R) which is in Assembly Public Safety Committee.

SB 878 (Hayden-D) Felony murder

Provides that after a conviction of more than one defendant of first degree felony murder, the court shall determine prior to imposing the sentence on the defendant who did not physically or directly commit the murder, whether the imposition of a sentence of first degree murder is proportionate to the offense committee by the defendant and to the defendant's culpability of the offense, based on specified factors.

(Refused passage on Senate Floor; reconsideration granted. On Senate Inactive File.)

SB 902 (Knight-R) Sentencing: flight from pursuing peace officer

Adds an additional term of one month per mile to the sentence of anyone who flees or attempts to elude an officer while in the commission or attempted commission of a misdemeanor or felony.

(Failed passage in Senate Public Safety Committee)

AB 11 (Cox-R) Public social services: crimes

Creates a new crime for public assistance recipients who fail to report, in writing, within 10 days, any fact that affects eligibility.

(In Assembly Human Services Committee)

AB 59 (Cedillo-D) Elder or dependent adults: protective orders

Authorizes the issuance of emergency and other protective orders, similar to domestic violence protective orders, to prevent abuse of the elderly and dependent adults by unrelated roommates or housemates, caregivers, or others. Revises the grounds for the issuance of these emergency protective orders, limits those grounds with respect to financial abuse situations, and establishes that these orders would be registered with the Domestic Violence Protection Registry in the State Department of Justice. Includes shelter for abused elder persons or dependent adults to those institutions that fines may be paid to by a defendant.

Chapter 561, Statutes of 1999

AB 67 (Cunneen-R) Criminal law: imprisonment

Reduces "good-time" participation credits from one-third the time served to no more than twenty percent for a non-violent felon convicted under the three-strikes law for the time served in the county jail awaiting trial.

(In Assembly Appropriations Committee)

AB 140 (Hertzberg-D) Weapons of mass destruction

Enacts the Hertzberg-Alarcon California Prevention of Terrorism Act. Creates a comprehensive scheme to control weapons of mass destruction (biological, chemical and nuclear weapon) and to punish those who use or possess such weapons, similar to federal law. Creates a California terrorism law in order to allow California to exercise joint jurisdiction in these crimes. Punishes one who makes a credible threat to use a weapon of mass destruction, regardless of whether or not the perpetrator has the means to carry out such threat, than other forms of terrorist threats.

Chapter 563, Statutes of 1999

AB 157 (Reyes-D) Rural Crime Prevention Demonstration Project

Declares that the County of Tulare has developed the Rural Crime Prevention Demonstration Project, as was required by prior legislation, and that the Counties of Tulare, Fresno, Kern, Kings, Madera, San Joaquin, and Stanislaus be authorized to develop the Rural Crime Prevention Program, to be modeled after the one in Tulare County. Declares the Legislature's intent to appropriate $3,541,000 from the Budget Act of 1999 for the purposes of this bill, and makes related changes.

Chapter 564, Statutes of 1999

AB 182 (Ackerman-R) Invasion of privacy: concealed cameras

Punishes those who, for sexual gratification, surreptitiously use a concealed device to videotape, photograph, or otherwise electronically record, under or through the clothing, the intimate body parts or clothing of another.

Chapter 231, Statutes of 1999

AB 204 (Baldwin-R) Child pornography

Prohibits an attorney representing a person accused of obscenity-related offenses from receiving copies of the material in preparation of his or her defense. Allows an attorney to review the material in private, but requires that any viewing take place in the presence of either a court-appointed master, security officers or law enforcement personnel.

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

AB 208 (Knox-D) Murder: punishment

Provides for the penalty of life without parole for the intentional first-degree murder of a person because of their actual or perceived disability, gender, or sexual orientation.

Chapter 566, Statutes of 1999

AB 221 (Wildman-D) Laser pointers: criminal use

Extends the misdemeanor of aiming or pointing a laser scope at another person in a threatening manner to the use of laser pointers. Imposes a maximum penalty for six months in jail for the threatening use of a laser pointer or laser scope when the victim is a police officer.

Chapter 438, Statutes of 1999

AB 243 (Wildman-D) Bail fugitive recovery: "Bounty Hunters"

Establishes a "Bail Fugitive Recovery Persons Act" regulating bounty hunters and bail licensees, as specified.

Chapter 426, Statutes of 1999

AB 273 (Scott-D) Violent felonies committed on students in or near schools

Creates a one-year imprisonment enhancement for violent crimes committed on K-12 students on or near a school campus, as specified.

(In Senate Public Safety Committee)

AB 293 (Wesson-D) Laser pointers: prohibitions on sale, possession, and use

Creates an infraction for specified misuse of laser pointers and includes the possession of laser "pointers" in existing misdemeanor provisions of law.

Chapter 621, Statutes of 1999

AB 313 (Zettel-R) Sentence enhancements for crimes against protected victims

Combines the two enhancement statutes for specified serious crimes against designated, vulnerable victims, such as the elderly, children, the blind, quadriplegics, paraplegics, and deaf and developmentally disabled, into a single, conformed statute.

Allows a one-year enhancement for serious crimes against the deaf and developmentally disabled, not only a two-year enhancement for a second or subsequent offense.

Allows a one-year enhancement for a first-time conviction of penetration with a foreign object against designated, vulnerable victims, not only a two-year enhancement for a second or subsequent conviction of such a crime.

Allows a two-year enhancement of sentence for a foreign object penetration crime against a designated victim where the defendant has previously been convicted of robbery, rape, residential burglary, etc., against any victim, not only where the defendant has been previously convicted of foreign object penetration against any kind of victim.

Chapter 569, Statutes of 1999

AB 331 (Battin-R) Terrorist threats

Requires any person who "violates" the prohibition on making a terrorist threat, as defined in Penal Code Section 422, to pay the costs of response by law enforcement, emergency personnel and hazardous material personnel, etc. up to $75,000.

(Failed passage in Senate Public Safety Committee)

AB 381 (Cardoza-D) Serious felonies: plea bargaining

Prohibits plea bargaining cases where false imprisonment, for the purpose of protection from arrest or for the purpose of using a person as a human shield is charged.

Chapter 298, Statutes of 1999

AB 451 (Maddox-R) High-tech Crime Task Force

Expands the ability of law enforcement officials to seek forfeiture of computer equipment used in the commission of crimes. Clarifies certain computer crime statutes.

Chapter 254, Statutes of 1999

AB 476 (Ackerman-R) Bail: procedure

Directs a court to consider a defendant's background, crime of conviction and risk of flight when determining whether to leave a defendant out on bail pending sentences.

Clarifies the statutes that allow surety insurer, the surety or the bail agent to avoid forfeiture (exonerate bail) where an absconding defendant is returned to court within 180 days, or within an additional 180 days upon motion of the agent, and to ease the requirements for avoiding forfeiture.

Extends from 20 days to 30 days the time before a bail forfeiture-related summary judgment against a bail surety is enforced and the surety barred from offering bail.

Chapter 570, Statutes of 1999

AB 487 (Margett-R) Background checks for local park employees

Permits a local agency in hiring a person to dispense with a criminal background check provided that the job applicant presents verifiable proof of current employment in a school district or office education located in the same jurisdiction where the hiring agency is situated.

Prohibits local agencies from retaining an employee or volunteer in a position having supervisory or disciplinary authority over a minor if it learns that, on or after January 1, 2000, the person has been convicted of an offense that would have disqualified him or her from initially being hired, or that person is no longer currently employed in the school district or county office of education, as specified.

Vetoed by the Governor

AB 537 (Kuehl-D) Discrimination

Establishes the California Student Safety and Violence Prevention Act of 2000, which adds as a prohibited basis for discrimination in instructional services and programs, "any basis that is contained in the prohibition of hate crimes," as specified.

Chapter 587, Statutes of 1999

AB 559 (Nakano-D) Elder/dependent abuse

Increases the misdemeanor penalties for criminal negligence involving the "abuse" of elder or dependent adults.

(Failed passage in Senate Public Safety; reconsideration granted)

AB 571 (Rod Pacheco-R) Assault: peace officers and firefighters

Authorizes a court to impose up to three full consecutive sentences for each violation involving assault with a deadly weapon, with force likely to result in great bodily injury on an on-duty peace officer or firefighter, when the offender should have known the victim was an on-duty peace officer or firefighter.

(In Assembly Appropriations Committee)

AB 625 (Olberg-R) Death sentence: waiver of automatic appeal

Provides that a person sentenced to death may give up his or her right to an automatic appeal to the California Supreme Court if the trial court determines that the waiver is made knowingly, intelligently, or voluntarily.

(Failed passage in Assembly Public Safety Committee)

AB 662 (Wesson-D) Asset forfeiture

Applies civil discovery procedures (dispositions, interrogatories, etc.) to asset forfeiture proceedings, as specified. Allows a court to stay an asset forfeiture proceeding in a criminal profiteering case until a criminal proceeding is completed, as specified. Requires the district attorney to attempt to locate parties who may hold security and ownership interests in the property subject to forfeiture.

Vetoed by the Governor

AB 663 (Vincent-D) Sentencing

Adds all robberies committed with the use of a deadly weapon to the violent felony list for purposes of sentence enhancements and sentence credits.

(In Assembly Appropriations Committee)

AB 665 (Maddox-R) Obscene material

Makes possession of material depicting sexual activity of persons under 18 years of age an alternate felony/misdemeanor. Expands the existing penalty of one year in the county jail and a fine of $2500 to include 16 months, two or three years in state prison.

(Failed passage in Assembly Public Safety Committee)

AB 672 (Havice-D) Violent felonies: kidnapping

Defines any kidnapping as a "violent felony," while current law defines kidnapping of a child under 14 years, and kidnapping for sex crimes, robbery or ransom as violent felonies.

(Failed passage in Assembly Public Safety Committee)

AB 739 (Pescetti-R) Elder/dependent abuse

Limits the existing exemption in law pertaining to mandated reporters who are told by an elder or dependent adult that abuse has occurred and specified conditions exist, such as diagnosed mental illness and no independent corroboration and the mandated reporter reasonably believes the abuse did not occur.

Chapter 236, Statutes of 1999

AB 741 (Rod Pacheco-R) Prosecution of hate crimes: local grants

Appropriates $5 million to the Office of Criminal Justice Planning (OCJP) for expenditure in support of the prosecution of hate crimes. Requires funds to be expended for grants to counties on a competitive basis, based on specified criteria, to support the prosecution of hate crimes. Requires counties receiving grants to report to OCJP on the effectiveness of the grants. Requires OCJP to evaluate the success of the program based on certain minimum criteria and report its conclusions to the Legislature not later than January 1, 2002. Allows OCJP to spend up to 3% of the appropriation to administer the program. Sunsets January 1, 2003.

(In Senate Appropriations Committee)

AB 745 (Washington-D) Motor vehicle fines and records

Caps the amount of a penalty assessment at $100 for motor vehicle registration and equipment violations. Requires the State Department of Motor Vehicles to retain failure to appear records for ten years, rather than five as under current law.

Vetoed by the Governor

AB 906 (Maldonado-R) Battery: state hospital patient

Makes it an alternate felony/misdemeanor for any patient housed in a security area of a state hospital to commit a battery against and inflict injury upon another person.

(Failed passage in Assembly Public Safety Committee)

AB 1024* (Dutra-D) Disasters: computer dates

Applies the state's anti-profiteering law, imposed for thirty days after a declared disaster, to the six-month period beginning October 1, 1999 and ending April 1, 2000, in contemplation of potential or perceived "Y2K"-related disruptions in the supply of particular consumer items and goods and services.

(In Assembly Appropriations Committee)

AB 1037 (Robert Pacheco-R) DNA and Forensic Identification Data Base and Data Bank Act

Includes any burglary among the specified offenses that require a convicted person to give blood and saliva samples and print exemplars for law enforcement identification analysis.

Adds burglary to the list of crimes for which a person convicted of, pleaded guilty or no contest to, or found not guilty by reason of insanity shall, regardless of the sentence imposed or disposition rendered, be required to give specimens of blood, a saliva sample, right thumbprints, and a full palm impression of each hand for law enforcement identification analysis.

(In Assembly Public Safety Committee)

AB 1100 (House-R) Sentencing

Provides that any person found to have inflicted great bodily injury pursuant to this provision that causes the victim to become comatose due to brain injury in a permanent unconscious condition shall be punished by a term of imprisonment of fifteen years in the state prison, which shall be imposed in addition and consecutive to the punishment prescribed for that felony.

(In Assembly Public Safety Committee)

AB 1151 (Leach-R) Vessels

Provides for a minimum fine for leaving the scene of a boating accident without leaving identifying information.

Chapter 500, Statutes of 1999

AB 1236* (Battin-R) Maintenance of the Penal Code

Corrects errors in current statutory cross-references. Double-joined with SB 1307.

Chapter 706, Statutes of 1999

AB 1255* (Wright-D) Sentencing: intensive correctional supervision program

Establishes, until January 1, 2004, the Young Offender Intensive Supervision Probation Project Act of 2000. Appropriates a total of $6.18 million from the General Fund to the State Board of Corrections for this purpose. Makes related legislative findings and declarations.

(In Senate Appropriations Committee)

AB 1284 (Jackson-D) Intimidation of a witness and making terrorists threats

Adds felony witness intimidation and terrorist threats to the provision in current law which prohibits persons arrested for specified offenses from being released on their own recognizance or on bail in an amount more or less than the bail schedule without a hearing in open court. Imposes certain notification and bail conditions in stalking cases, the violation of which could lead to a no-bail warrant.

Chapter 703, Statutes of 1999

AB 1301 (Washington-D) Pornography

Requires the California Health and Human Services Agency to conduct a study to determine whether there is any connection between pornography and sexual abuse, and to report its findings to the Legislature on or before August 31, 2000. Requires the State Board of Equalization to make recommendations to the Legislature, on or before August 31, 2000, regarding an appropriate method to impose a tax upon pornography.

(In Assembly Public Safety Committee)

AB 1469 (Assembly Public Safety Committee) Punishment: work furlough programs

Reenacts fee provisions relating to county home detention and work furlough programs that expired on January 1, 1999.

Chapter 113, Statutes of 1999

AB 1540 (Vincent-D) Animals: willful abandonment

Expands existing law prohibiting the abandonment of any domestic dog or cat to include a prohibition on the abandonment of any animal.

Chapter 303, Statutes of 1999

AB 1574 (Corbett-D) First degree murder: torture

Expands the felony murder rule to include torture and thereby provide that a murder, which occurs when a person had the intent to torture, but no premeditation to kill, is first degree murder.

Chapter 694, Statutes of 1999

ACR 71 (Steinberg-D) Synagogue fires in Sacramento

Declares that the Legislature sends support and heartfelt condolences to Congregation B'nai Isreal, Congregation Beth Shalom, Kenesset Isreal Torah Center, and the entire Sacramento community in connection with recent arson crimes committed at those synagogues. Denounces these criminal acts and resolves to combat hatred, promote unity, assist in bringing those responsible to justice, and help the community rebuild the damaged synagogues.

Resolution Chapter 50, Statutes of 1999

ACR 78 (McClintock-R) North Valley Jewish Community Center tragedy

Condemns the acts of violence directed against the North Valley Jewish Community Center and postal carrier, Joseph Ileto, extends the sympathy of the Legislature to the victims and their families, and expresses the renewed determination of the state to eradicate the elements responsible for this violence.

Resolution Chapter 83, Statutes of 1999

HR 30 (Wesson-D) Church fines

Provides that the Assembly sends support and heartfelt condolences to the congregation of St. Mary Magdalen, and the entire Los Angeles community for the arson attack on the church.

Provides that the Assembly denounces the cowardly criminal acts perpetrated by arsonists and resolves to do everything possible as representatives of California to combat hatred, promote unity, assist in bringing those responsible for these heinous crimes to justice, and help the community rebuild the damaged church.

Adopted by the Assembly

Procedural

SB 52 (Haynes-R) Voluntary intoxication

Makes evidence of voluntary intoxication inadmissible to show that a person did not actually form the requisite specific intent when the crime charged is a violent crime under Penal Code Section 667.5.

Provides that if evidence shows that a defendant was voluntarily intoxicated at the time of the alleged violent crime, the court shall instruct the jury that they may not consider the evidence as negating the capacity to form, or the actual formation of, any mental state or specific intent that is required.

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

SB 69 (Murray-D) Criminal procedure: continuances

Allows the court to continue a stalking trial or hearing date for up to ten court days where the prosecutor assigned has another trial or hearing in progress, and to require the court to make reasonable efforts to avoid scheduling a prosecutor's stalking trial when he or she has another trial set. Provides for only one continuance per case.

Chapter 580, Statutes of 1999

SB 591 (Morrow-R) Criminal procedure: capital cases

Provides that the judge in a capital case shall not receive his or her salary until he or she affirms that no record remains pending and uncertified for 120 or more days after delivery of the record to appellate counsel.

(In Senate Public Safety Committee)

SB 916 (Brulte-R) Expert testimony in medical malpractice actions

Requires that, in any action based on professional negligence against a health care provider, expert testimony be admitted by the court only from health care providers who practice and have practices for at least five years in the same area of health or medicine that is at issue in the action.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 1126 (Costa-D) Criminal procedure: arraignment: audio-video

Deletes the pilot project aspect of a provision in the law that allows the State Department of Corrections to arrange for the initial court appearance and arraignment in municipal or superior court to be conducted by a two-way electronic audio-video communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom.

Removes (1) the reporting requirement in existing law, (2) the limit on the number of institutions included, and (3) the sunset clause on that provision.

Chapter 888, Statutes of 1999

AB 110* (Baugh-R) Miscarriage of justice: compensation

Appropriates $620,000 to the State Department of Justice for payment to Kevin Lee Green as compensation for his 17 years of incarceration for crimes he did not commit.

Chapter 619, Statutes of 1999

AB 154 (Cunneen-R) Criminal law: recusals

Requires a motion to recuse a district attorney to include affidavits by witnesses and to require the judge to review those affidavits before determining whether or not there should be an evidentiary hearing on the motion and thereby reduce the number of hearings on recusal motions.

Chapter 363, Statutes of 1999

AB 207 (Thomson-D) Invasion of privacy: recording communications: harassment

Allows the court, under specified conditions, to allow a victim of domestic violence, to record any prohibited communication initiated by the perpetrator of the domestic violence.

Chapter 367, Statutes of 1999

AB 322 (Maddox-R) Motion to suppress confessions: written notice

Requires that a motion to suppress a confession be made in writing, accompanied by a memorandum of points and authorities, and proof of service. Requires that the motion be made at least ten days prior to trial and grants the people the right to seek appellate review from the order granting the motion.

(In Assembly Public Safety Committee)

AB 353 (McClintock-R) Misdemeanor actions: nolo contendere

Provides that a plea of nolo contendere in a misdemeanor criminal matter may be used as evidence in a subsequent civil action involving an allegation of wrongful or false arrest to rebut allegations made by the party who entered the plea.

(Failed passage in Assembly Public Safety Committee)

AB 412 (Brewer-R) Prosecution: jurisdiction

Provides that the jurisdiction for failing to register as convicted sex offenders is in the county where the offense occurred, or in the county where the arrest was made.

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

AB 495 (Robert Pacheco-R) Evidence: hearsay exceptions

Provides that evidence of writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if the original custodian or other qualified witness who would otherwise testify to its identify and the mode of its preparation is unavailable and the current custodian or other qualified witness testifies to several specified events.

(In Assembly Judiciary Committee)

AB 501 (Nakano-D) Career criminal prosecutions

Provides that the fact that the prosecutor assigned to a career criminal prosecution has another trial or hearing in progress constitutes good cause for a continuance and requires the court to make reasonable efforts to avoid scheduling a prosecutor's career criminal prosecution trial when he or she has another trial. Specifies that a continuance is to be limited to a maximum of ten additional court days. Double-joined with SB 69 (Murray) in this section.

Chapter 382, Statutes of 1999

AB 526 (Zettel-R) Hearsay exceptions: elder and dependent adults

Creates a new hearsay exception for use in the prosecution of cases involving elder and dependant adult abuse.

Chapter 383, Statutes of 1999

AB 557 (Nakano-D) Forensic identification: felony conviction

Adds burglary of the first degree to the list of crimes for which a person convicted of, pleaded guilty or no contest to, or found not guilty by reason of insanity shall, regardless of the sentence imposed or disposition rendered, be required to give specimens of blood, a saliva sample, a right thumbprint, and a full palm impression of each hand for law enforcement identification analysis. Becomes operative January 1, 2001 if funds are appropriated in the Budget Act to fund the costs incurred by the State Department of Justice.

(In Senate Public Safety Committee)

AB 588 (Cardenas-D) Pupil expulsion

Provides, relative to expulsion hearings, that pupils or their parents or guardians may be represented by an attorney or a nonattorney advisor, as defined.

Chapter 332, Statutes of 1999

AB 664 (Maddox-R) Criminal appeals

Creates a new prosecution right to appeal court order, dismissing cases.

(In Assembly Public Safety Committee)

Juries

SB 801 (Poochigian-R) Jury service: judges' exemption

Creates an exemption from jury duty for judges, excluding temporary judges.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 1255 (Schiff-D) Jury pools: study

Requires the Judicial Council to conduct a study and report its findings to the Legislature by December 31, 2001, on the composition of jury pools in both civil land criminal cases. Requires the study to note various data, including, but not limited to, age, race, income level, and educational level. Requires the Judicial Council to report this data on jurors who respond to jury summons, as well as those who are actually impaneled.

Vetoed by the Governor

AB 310 (Leach-R) Anonymous juries in all criminal trials

Seeks to protect the privacy of jurors by creating the "Jury Identification Protection Act", requiring that the identity of jurors in all criminal trials in California be kept secret absent a showing of a compelling need against juror anonymity.

(Failed passage in Assembly Judiciary Committee)

AB 527 (Baugh-R) Grand juries

Requires notification to a witness that they are subject to a grand jury investigation, permit such witness to have counsel present and to permit such witness to disclose exculpatory evidence to the prosecutor.

Vetoed by the Governor

AB 592 (Migden-D) Jurors: fees

Makes legislative findings and declarations that (1) juror fees be increased from $5 to $1.250 per day beginning with the second day of service, and (2) juror fees be eliminated for the first day of service. Specifies that funding for increasing juror fees shall be made pursuant to an appropriation in the Budget Act. Requires, contingent upon funding, the Judicial Council to conduct a two-year pilot project in at least three counties for juror child and dependent care reimbursement. Caps the deposit on civil jury fees at $150.

(In Senate Appropriations Committee)

Juvenile Justice

SB 199 (Polanco-D) Juveniles: confidentiality of records

Enacts the Lance Helms Law of Confidentiality which generally requires the court, after hearing on a noticed petition, to provide access to a juvenile case file if a child is deceased, provided identifying information regarding siblings and half-siblings of the deceased child, if any, who are or were within the court's jurisdiction, are redacted from the records.

Provides that the court could prohibit or limit disclosure only if it finds that disclosure would be detrimental to the protection, safety and well-being of the sibling or half-sibling who is directly or indirectly connected to the juvenile case that is the subject of the petition.

Provides that in all other cases where access to the juvenile case file or portions thereof is sought, existing prohibitions and limitations (listing various state and federal laws and regulations) would prevail, unless the court finds that disclosure would not be detrimental to the protection and well-being of a child who was or is within the jurisdiction of the court.

Chapter 984, Statutes of 1999

SB 305 (Vasconcellos-D) Parenting education

Requires school districts to ensure that all pupils in grades nine to twelve receive parenting education, as specified, and that the State Department of the Youth Authority offer parenting education to wards in their jurisdiction, as specified. Calls for the convening of a summit for the purpose of developing a master plan for parenting education in nonpublic school settings.

Vetoed by the Governor

SB 334 (Alpert-D) Youthful offenders: education

Enacts the "No More Victims Violence Prevention and School Safety 2000 Strategy" which revises and repackages the Arnold-Kennick Juvenile Court Law. Extends the sunset date indefinitely on existing law allowing the governing board of a school district to apply for grants from the State Superintendent of Public Instruction to implement school safety plans.

Establishes the School Safety and Violence Prevention Strategy Program for the purpose of promoting school safety and violence prevention among students in the public schools. Appropriates $5 million to carry out the program.

Appropriates $1.5 million to the State Board of Corrections at the At-Risk Youth Early Intervention Program. Appropriates $3 million to San Diego County to purchase San Pasqual Academy and $1.8 to the City and County of San Francisco to purchase and install surveillance cameras on public transit vehicles and $1.5 million to the City of Riverside to expand the operation of the Project Bridge Gang Crime Prevention Program. Double-joined with SB 199 (Chapter 984, Statutes of 1999) in this section.

Chapter 996, Statutes of 1999 (Item line veto: vetoed the $5 million and $1.5 million appropriation)

SB 501 (Knight-R) Juveniles: release of names

Requires law enforcement to disclose the "name of any minor taken into custody for the commission of any serious felony, graffiti offense, and the offenses allegedly committed, at the time the minor is taken into custody upon the request of interested persons."

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

SB 502 (Knight-R) Juvenile justice: escape

Provides that any minor "committed" to any residential facility in lieu of placement in a county facility who takes, or attempts to take, an unauthorized leave from the facility is guilty of a misdemeanor punishable by up to one year in county jail.

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

SB 505 (Knight-R) Trying minors in adult criminal court

Statutorily requires that minors of any age be charged directly in adult criminal court if, prior to the alleged commission of a specified serious or violent offense, the minor has been a ward under the supervision of a county probation department or a ward of the State Department of the Youth Authority, as specified.

(Failed passage in Senate Public Safety Committee)

SB 518 (Schiff-D) Dependent children

Reduces the automatic 30-day stay of an order for an out-of-state placement of a dependent child to seven calendar days, if the order is made by a juvenile dependency court.

Adds language to Welfare and Institutions Code Section 300.2, relating to the purpose of dependency proceedings, stating that the confidentiality provisions of the chapter are intended to protect the privacy rights of the child.

Chapter 346, Statutes of 1999

SB 543 (Bowen-D) Children: psychotropic medication: foster care

Revises existing law relating to case plans for a child when placed in foster care by requiring the case plan for each child and specified court reports and assessments to include a health and education summary, as specified, for each child.

Provides that if a child is adjudged a dependent child of the juvenile court and the child is taken from the physical custody of the parent, only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for that child. Authorizes a court to permit the administration of psychotropic medication to the child only as specified, and requires the Judicial Council to adopt rules of court and develop appropriate forms of these purposes on or before July 1, 2000.

Chapter 552, Statutes of 1999

SB 548 (Poochigian-R) Juveniles: release from custody

Provides that a minor 14 years of age or older, who is taken into custody by a peace officer for specified offenses, cannot be released until that minor is brought before a judicial officer.

Requires the probation officer to have the minor, or the minor's parents, guardian, or relative, or both, sign a written promise to appear, as specified above, as a condition for the release of the minor.

(In Senate Public Safety Committee)

SB 599 (Costa-D) Youth Authority: "sliding scale" fees

Amends the "sliding scale" applicable to the State Department of the Youth Authority commitments to specify the commitment offense to be the offense that is the most serious offense as determined pursuant to regulations promulgated by the Youthful Offender Parole Board prior to parole consideration.

Vetoed by the Governor

SB 650 (Karnette-D) Arrests and citations issued by school employees

Authorizes certain school personnel and their designees to cite into court minors believed to have committed a misdemeanor or infraction on school grounds, as specified.

(In Senate Public Safety Committee)

SB 869 (Schiff-D) CalWORKs: employment training programs

Expands the range of vocational training and employability options for at-risk youth.

Vetoed by the Governor

SB 894 (Leslie-R) Housing minors in adult facilities

Requires minors who have been found unfit for juvenile court to be housed only in adult detention facilities, as specified.

(In Senate Public Safety Committee)

SB 1176 (Vasconcellos-D) State Department of the Youth Authority

Makes technical amendments concerning pre-sentence diagnostic evaluations conducted by the State Department of the Youth Authority (DYA), and to reduce the number of times the director of the DYA is required to meet with the Youth Offender Parole Board from four to two times annually.

Vetoed by the Governor

SR 7 (Alpert-D) Literary programs for juvenile offenders

Makes a declaration by the California State Senate that it is in the best interest of the State, the State Department of the Youth Authority, and juvenile court and community schools to recognize and encourage the continuation of literary programs offered to juvenile offenders in California's state and local detention facilities.

Adopted by the Senate

AB 176 (Dickerson-R) Fitness hearings: gross vehicular manslaughter

Adds gross vehicular manslaughter while intoxicated to the current list of 28 offenses which create a presumption that a minor 16 years or older should be prosecuted as an adult in criminal court.

(Failed passage in Assembly Public Safety Committee)

AB 205 (Leach-R) Children's Privacy Protection and Parental Empowerment Act

Prohibits any person from (1) permitting an incarcerated person or minor committed to the State Department of the Youth Authority or any sex offender, as defined, to process personal information of children, subject to an exception, or (2) knowingly disclosing, as defined, or soliciting personal information relating to a child that may be used to harm abuse, or exploit the child.

Requires list brokers, as defined, to provide specified information relating to a child to the child's parent, and to discontinue all disclosures of personal information about a child, as defined, to third parties within ten working days or receiving a written request from the parent.

Prohibits persons who, by mail, market or sell products or services directed to children, from sending further mail solicitations to a parent or child if the parent has requested that those solicitations cease.

Provides that a violation of any of these provisions or any of the other prohibitions of the bill is a misdemeanor.

Authorizes the Attorney General to petition for an injunction against a person that violates the bill's provisions and permits a child or parent who has been harmed by a violation to bring a civil action for an injunction and to recover damages of not less than $5,000, and attorney's fees.

(In Assembly Judiciary Committee)

AB 235 (Kuehl-D) California Youth Violence Prevention Authority

Creates the California Youth Violence Prevention Authority (CYVPA) within the Governor's Office. Provides that the CYVPA has duties and responsibilities related to the prevention of youth violence, including the production of a statewide plan for the coordination of violence prevention programs by January 1, 2001.

(On Assembly Inactive File)

AB 247 (Kuehl-D) Minors: rights to dependency hearings

Confers on foster parents specified rights relating to a child in the foster parent's care, such as the right to be admitted to any hearing concerning a foster child and the right to present testimony at juvenile court dependency hearings concerning a child in his or her care.

Requires persons who prepare specified reports for the court concerning a foster child to include information provided by the foster parent.

Amends existing regulations for facilities serving alcohol and/or drug recovery facilities for adolescents.

Vetoed by the Governor

AB 336 (Robert Pacheco-R) Juvenile courts: wards

Creates a presumption that a minor who commits a serious or violent felony, as defined, and has two previous sustained petitions for a serious or violent felony should be held in physical confinement.

Provides the juvenile court the discretion to determine whether it serves the interest of justice to place the minor in a program that does not include physical confinement.

(Failed passage in Assembly Appropriations Committee)

AB 340 (Maddox-R) Juveniles: serious or violent crimes

Limits judicial discretion by requiring that a minor 14 years of age or older who commits a serious or violent felony and is either a gang member or has a previous adjudication for a serious or violent felony be directly prosecuted as an adult without having a judicial fitness hearing.

(Failed passage in Assembly Public Safety Committee)

AB 565 (Florez-D) Youthful offenders

Requires counties participating in the Juvenile Crime Enforcement and Accountability Challenge Grant Program to revise their local plans.

(In Assembly Public Safety Committee)

AB 575 (Aroner-D) Foster care: wards of the court

Codifies juvenile court and county probation requirements for eligible juvenile wars, under Welfare and Institutions Code 602, in out-of-home placement to comply with the federal Title IV-E of the Social Security Act and the Adoption and Safe Family Act of 1997 laws.

Establishes protocols creating an evidentiary basis by requiring case planning and social studies reports for wards, and establishing guidelines for assessment of minors in out-of-home placement.

Modifies provisions regarding the termination of parental rights and adoption when a Section 601 or 602 minor remains in foster care for 15 out of 22 months, by referring the case to state or county adoption agencies, expands exceptions where a case would not be referred for termination of parental rights and adoption, and clarifies the role of the court, probation and state or county adoption agencies in this process.

Requires the Judicial Council to adopt rules of the court, forms, and procedures to implement the provisions of the bill by July 1, 2000. Double-joined with AB 645 (Honda) in this section.

Chapter 997, Statutes of 1999

AB 623 (Vincent-D) Los Angeles juvenile halls

Authorizes the Los Angeles County Chief Probation Officer to release minors committed to juvenile hall for probation violations after the juvenile court has been notified that the county juvenile hall population equals or exceeds 125% of its rated capacity, as specified.

Vetoed by the Governor

AB 637 (Migden-D) Youth Authority: purpose

Modifies the statutory purpose of the State Department of the Youth Authority to include community restoration and victim restoration, and specifies that the provision's "training and treatment" language apply to offenders.

Chapter 333, Statutes of 1999

AB 645 (Honda-D) Minors: special education

Establishes procedures to ensure that a child under the jurisdiction of the juvenile court is assessed and referred for appropriate special education services if the child has learning disabilities. Double-joined with AB 247 (Kuehl) and AB 575 (Aroner) in this section.

Vetoed by the Governor

AB 686 (Aroner-D) Dependent children: termination of jurisdiction

Requires the county welfare department to verify to the juvenile dependency court that it has provided certain information and services, such as assistance in obtaining employment, and housing, to the dependent minor prior to termination of court jurisdiction.

Prohibits the court from terminating jurisdiction unless it finds that such information and services were provided and that it would be in the child's best interest to terminate jurisdiction.

Requires the Judicial Council to adopt standards and forms to implement the provisions of this bill.

(In Senate Appropriations Committee)

AB 744 (McClintock-R) Juvenile justice: sealing and destruction of records

Enacts a new statute for minors to file a petition for a finding of factual innocence, resulting in the sealing and destruction of records, as specified.

Chapter 167, Statutes of 1999

AB 755 (Corbett-D) Alameda County's design-build project

Provides that, notwithstanding the $50 million limitation on design-build projects, the County of Alameda may award a contract in excess of the limit for the design and construction of the Alameda County Juvenile Justice Complex.

Chapter 258, Statutes of 1999

AB 788* (Maldonado-R) Juveniles

Establishes a three-county pilot program to apply restorative justice principles in dealing with non-violent juvenile offenders.

(In Assembly Appropriations Committee)

AB 795 (Maldonado-R) School attendance: convictions

Prohibits a student who has been convicted of a violent felony or a sex offense from attending an elementary, middle, junior high, comprehensive senior high, opportunity, or continuation school.

(In Assembly Appropriations Committee)

AB 926* (Cedillo-D) Job training: at-risk youth

Provides expenditure guidelines and requirements regarding job training programs administered by the State Department of Employment Development.

Chapter 573, Statutes of 1999

AB 1017 (Cardoza-D) Merced County: state loan: juvenile facilities

Allows Merced County to reduce the amount of a loan owed to the State. Specifically, this bill allows Merced County's cost-share of the reconstruction or construction of juvenile facilities under the County Juvenile Correctional Facilities Act to be treated as partial payment of a 1994-95 loan from the State's General Fund to the county to pay for fire services provided by the State.

(In Assembly Local Government Committee)

AB 1368 (Robert Pacheco-R) Juveniles

Creates a presumption that a minor age 14 or older who commits any felony is ineligible for a program of informal probation. Creates a presumption that a minor aged 14 or older who commits any felony is to be tried as an adult if he or she has two previous felony adjudications.

(In Assembly Public Safety Committee)

AB 1422 (Strom-Martin-D) Emotionally disturbed wards

Authorizes the State Department of Corrections, the State Department of the Youth Authority, the State Department of Mental Health, and the State Department of Social Services to assist Humboldt, Mendocino, Lake, and Del Norte Counties in establishing an 18-month pilot project for the start-up funding and operation of a regional facility to treat emotionally disturbed wards of the juvenile court.

(In Assembly Public Safety Committee)

AB 1562 (Robert Pacheco-R) Juvenile offenders: records: confidentiality

Limits judicial discretion for keeping confidential the name and records of a minor found to have committed a serious felony. Requires the juvenile court to post a daily list of hearings open to the public. Changes existing law by permitting disclosure, without prior judicial review, of information concerning minors who commit serious felonies. Changes existing law by prohibiting petitions to seal records for minors in certain cases.

(Failed passage in Assembly Public Safety Committee)

AB 1597 (Migden-D) Department of the Youth Authority: commitments

Makes the following three changes relating to the State Department of the Youth Authority (DYA) commitments:

1. Requires that DYA fees be indexed for inflation every three years, beginning in 2003.
2. Requires juvenile courts to set the initial parole consideration dates for certain DYA wards.
3. Requires DYA to develop and implement programs for low-level wards which could be completed in 6 to 12 months of institutional time, with additional aftercare and parole services.

(On Senate Inactive File)

Victims' Rights

SB 56 (Solis-D) Employment: time off to appear in court

Allows victims of domestic violence to take time off of work to appear in court to obtain a civil restraining order or other legal protection necessary to ensure their health and safety.

Chapter 340, Statutes of 1999

SB 580 (Lewis-R) Stalking: victim notification: conditions of parole

Requires that victims of stalking or felony domestic violence be notified of any change in the parole status or location of their offender. Requires custodial agents to make "reasonable attempts" to locate stalking or felony domestic violence victims who have requested notification but for whom a current address or phone number is not available.

(In Assembly Public Safety Committee)

SB 1250 (Escutia-D) Restitution

Adds the cost of a crime victim's mental health therapy to the list of expenses to be considered when imposing an order of restitution upon a criminal defendant.

Chapter 121, Statutes of 1999

AB 606 (Jackson-D) Victims of crimes: payments

Adds to the Victims of Crime Program specified payments for specified victims of crime, relocation payments for domestic violence crimes, victims for installing residential security, and to permanently disabled victims for retrofitting a residence or vehicle for accessibility.

Requires the State Board of Control, until January 1, 2004, to conduct a program to pay for the services of child life specialists through the Victims of Crime Program, with a continuing program after January 1, 2004, if a later enacted statute deletes or extends that date.

Adds specific provisions to the list of items which a victim may obtain a restitution order for relocation expenses, residential security, and residential or vehicle retrofitting for disabled victims and adds derivative victims to those victims who pay seek restitution orders.

Chapter 584, Statutes of 1999

AB 788* (Maldonado-R) Juveniles

Establishes a three-county pilot program to apply restorative justice principles in dealing with non-violent juvenile offenders.

Requires, among other things, participants to attend victim-offender reconciliation programs, perform community service, and pay restitution to victims pursuant to specified provisions.

(In Assembly Appropriations Committee)

AB 1075 (Davis-D) Crime Victims Board

Makes changes to mental health counseling reimbursements from the Victims of Crime Program, related to Medi-Cal eligibility.

(In Senate Appropriations Committee)

AB 1575* (Machado-D) Victims of crime: terrorism

Expands eligibility for the Victims of Crime Program to include persons, businesses and organizations who were victims of bombing and arson hate crimes, as specified.

(In Senate Appropriations Committee)

ACR 33 (Havice-D) Crime Victims' Rights Week

Recognizes the week of April 25 through May 1, 1999, as Crime Victims' Rights Week in California.

(In Senate Rules Committee. Dates may have to be changed.)

Prisons and Prisoners

SB 13 (Rainey-R) Parole: revocation

Provides that the parole authority may revoke the parole of any prisoner who demonstrates by his or her conduct, as defined, that he or she is suffering from a mental disorder that indicates the parolee is likely to engage in criminal behavior upon release.

(In Senate Public Safety Committee)

SB 126 (Polanco-D) Prison Industry Authority

States legislative findings and intent related to the Prison Industry Authority. Makes changes to existing legislative findings related to the purpose of imprisonment.

(In Senate Appropriations Committee)

SB 127 (Polanco-D) Inmates: credits: educational requirements

Limits the amount of full-time work or education credits which an inmate may earn if the inmate is not a high school graduate and is not actively participating in an education program.

(In Senate Public Safety Committee)

SB 128 (Polanco-D) Prisoners

Requires the State Board of Prison Terms to set a release date during the third year of incarceration for an inmate making "satisfactory progress" on his or her performance plan, unless the State Board of Prison Terms makes a specified finding that nullifies the need to set a release date.

(On Assembly Inactive File)

SB 279* (Dunn-D) Release of inmates

States that the criminal conviction underlying a mentally disordered offender (MDO) commitment to the State Department of Mental Health may involve the implied or threatened use of force likely to produce serious bodily injury if the other basic requirements of the MDO law (severe mental disorder and treatment while in prison) are present.

Adds arson that posed a substantial danger of physical harm to another as an underlying MDO offense.

Requires retroactive application to prevent release of inmates who might otherwise be released pursuant to People v. Anzalone (1999) 19 Cal.4th 1074.

Chapter 16, Statutes of 1999

SB 297* (Polanco-D) Master Plan development for prison operations

Requires the State Youth and Adult Correctional Agency (YACA) to develop and submit to the Legislature a master plan for prison operations in the 21st century, including that the purpose of the master plan shall be to promote public safety and that the YACA shall develop the master plan through a public process and make ongoing assessments and refinements to the plan when appropriate and to enact additional requirements about the plan.

Vetoed by the Governor

SB 323 (Hayden-D) Peace Process Task Force and Commission on Prison Peace

Creates the Commission on Prison Peace to address and identify the causes of violence in state prisons and recommends preventive solutions. Establishes the Peace Process Task Force to make findings and recommendations regarding gang violence prevention and to promote a peace process.

Vetoed by the Governor

SB 334 (Alpert-D) Youthful offenders

Enacts the "No More Victims" Violence Prevention and "School Safety 2000 Strategy" which revises and repackages the Arnold-Kennick Juvenile court Law. Extends the sunset date indefinitely on existing law allowing the governing board of a school district to apply for grants from the State Superintendent of Public Instruction to implement school safety plans.

Establishes the School Safety and Violence Prevention Strategy Program for the purpose of promoting school safety and violence prevention among students in the public schools. Appropriates $5 million to carry out the program.

Appropriates $1.5 million to the State Board of Corrections for the At-risk Youth Early Intervention Program. Appropriates $3 million to San Diego County to purchase San Pasqual Academy and $1.8 million to the City and County of San Francisco to purchase and install surveillance cameras on public transit vehicles and $1.5 million to the City of Riverside to expand the operation of the Project Bridge Gang Crime Prevention Program.

Chapter 996, Statutes of 1999 - Item Veto

SB 377 (Polanco-D) Criminal conduct of state employees

Changes the current crime of sexual activity in public health and detention facilities between employed and detained persons in the following manner:

1. Increases the sentence for the first-time offender from a misdemeanor to a "wobbler".
2. Increases the sentence for a repeat offense from a base-term felony to a two/three/four felony.
3. Provides for the immediate termination and subsequent ineligibility for rehiring or reinstatement of State Youth and Adult Correctional Agency entity employees convicted of a felony.
4. Adds volunteers and contracts in detention facilities to the statute.
5. Adds "rubbing and touching for sexual gratification," as specified, to the definition of "sexual activity" subject to a misdemeanor.
6. Adds parolees to the scope of the statute.

Chapter 806, Statutes of 1999

SB 483 (Baca-D) Surplus state property

Requires the State Department of General Services (DGS) to lease 110 new acres to Chino for 55 years without consideration. The State Department of Corrections is to receive 50% of any rents received by Chino on the land. In addition, it requires DGS to offer to sell 210 acres to Chino Redevelopment Agency.

(In Senate Appropriations Committee)

SB 577 (Peace-D) Corrections: cadet training

Requires, to the extent that funding is appropriated for this purpose, the State Department of Corrections and the State Department of the Youth Authority to provide 16 weeks of training for each correctional peace officer cadet.

(In Senate Appropriations Committee)

SB 580 (Lewis-R) Stalkers: victim notification: conditions of parole

Requires that victims of stalking or felony domestic violence be notified of any change in the parole status or location of their offender. Requires custodial agents to make "reasonable attempts" to locate stalking or felony domestic violence victims who have requested notification but for whom a current address or phone number is not available.

(In Assembly Public Safety Committee)

SB 590 (Morrow-R) Death row inmates: sanity

Provides that the sanity hearing for a person sentenced to death shall be held in the county in which the sentence was imposed and not in the county in which the prison in which the defendant is being held is located.

(Failed passage in Assembly Public Safety Committee)

SB 787 (Morrow-R) Website: information on inmate parole

Requires the State Department of Corrections to establish and maintain both a publicly accessible computer website listing the scheduled release date of each state prisoner by his or her number with the information entered into the website at least two years prior to his or her scheduled release date and an automated "1-800" telephone number by which the caller may enter the number or name of a state prisoner to access the scheduled release date of the prisoner.

(Failed passage in Senate Public Safety Committee)

SB 793 (Ortiz-D) Corrections: parolees

Declares the intent of the Legislature to specify criteria to be used in the siting of group homes, community correctional centers, halfway houses, reentry centers, and other similar community facilities operated by the State Department of Corrections or any other public or private operator for the housing of state parolees within communities.

Requires notice to local law enforcement officials with respect to the placement of an inmate in any group home, community correctional center, halfway house, reentry center, or other similar community facility operated by the State Department of Corrections or any other public or private operator.

(In Senate Public Safety Committee)

SB 795 (McPherson-R) State youth correctional facilities: gassing: testing

Requires the person in charge of a youth correctional facility to investigate "gassing" incidents, and requires the ward suspected of committing the gassing to be tested for hepatitis and tuberculosis.

(On Assembly Inactive File)

SB 868 (Wright-R) Office of the Inspector General

Makes additions and clarifications to the laws pertaining to the Office of the Inspector General, as specified.

Chapter 918, Statutes of 1999

SB 994 (Bowen-D) Narcotic treatment commitments: custody credits

Restores custody credits (of one day for each two days of good conduct and program participation) to addicts undergoing civil drug treatment in the California Rehabilitation Center as an alternative to prison, and thereby to increase the use of the California Rehabilitation Center.

Requires that probation reports specify whether an offender is eligible for commitment to the civil addict program.

Vetoed by the Governor

SB 1007 (Knight-R) Undocumented aliens: transfer to foreign prisons

Authorizes the State Youth and Adult Correctional Agency (YACA) to implement a system that (1) identifies the legal status of each inmate or ward within the jurisdiction of YACA or any of its subdivisions or any local correctional institution with regard to the eligibility of that inmate or ward to remain in the United States, (2) collects and transports each inmate or ward identified as an illegal alien to a holding facility in his/her country of origin prior to completion of his/her sentence, as specified, and (3) releases each inmate or ward upon completion of his/her sentence in his/her country of origin.

(In Senate Public Safety Committee)

SB 1042 (Knight-R) Community correctional facilities

Authorizes the State Department of Corrections (DOC) to contract for up to 4,000 community correctional facility (CCF) beds if DOC demonstrates that incarceration of felons in a CCF is either cost-neutral or a savings to the state when compared to the cost of incarcerating felons of similar classifications in the state prison.

(In Assembly Public Safety Committee)

SB 1117 (Vasconcellos-D) Inmates: rehabilitation

1. Adds crime prevention and rehabilitation to the stated purpose of imprisonment.
2. Declares that an effective program of public safety includes a comprehensive approach to reduce recidivism (this includes, but is not limited to, educational, vocational, and drug treatment programs).
3. Declares that in order to improve public safety, prisoners must be provided with services in order to lead constructive, law-abiding lives upon release.

(On Assembly Inactive File)

SB 1126 (Costa-D) Criminal procedure: arraignment: audio-video

Deletes the pilot project aspect of a provision in the law that allows the State Department of Corrections to arrange for the initial court appearance and arraignment in municipal or superior court to be conducted by a two-way electronic audio-video communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom.

Removes the reporting requirement, the limit on the number of institutions included, and the sunset clauses on that provision.

Chapter 888, Statutes of 1999

AB 110* (Baugh-R) Miscarriage of justice: compensation

This bill appropriates $620,000 to the State Department of Justice for payment to Kevin Lee Green as compensation for his 17 years of incarceration for crimes he did not commit.

Chapter 619, Statutes of 1999

AB 131 (Runner-R) State prisoners: transportation: reimbursement

Increases the state's reimbursement to cities and counties for all direct costs related to the transportation of state prisoners, as specified.

Vetoed by the Governor

AB 195 (Wright-D) Prisoners: local reimbursement

Requires the State Department of Corrections to reimburse cities and counties when a prisoner transfer from jail to state prison cannot occur because a physician has certified that the inmate cannot be transferred due to his or her medical condition, as specified.

Vetoed by the Governor

AB 326 (Leonard-R) Correctional facilities construction bond

Places a $4.1 billion general obligation bond on the March 7, 2000 ballot for the purpose of funding six new prisons ($2 billion), local jail expansion and renovation ($1.9 billion), and local juvenile detention facility expansion and renovation ($200 million).

(In Assembly Appropriations Committee)

AB 369 (Havice-D) Prisoner rights

Prohibits state prisoners from watching television. Prohibits state prisoners from having family visits.

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

AB 456 (Longville-D) Corrections: geriatric inmates

Creates specialized detention programs for an inmate 60 years and older who is serving an indeterminate life sentence and authorizes study of a geriatric parole program.

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

AB 652 (Nakano-D) Board of Corrections: membership

Increases the membership of the State Board of Corrections from 13 to 17 members and changes the Board's composition to (1) add a rank and file deputy sheriff, (2) add a deputy rank and file deputy probation officer, (3) add a second county supervisor or county administrative position to make two spots for this category, one each for counties under and over 200,000, and (4) add an administrator of a community-based youth service program.

(On Assembly Inactive File)

AB 720 (Dickerson-R) Conservation camps: prisoners

Appropriates $10,580,000 from the General Fund to the State Department of Forestry and Fire Protection to expand use of conservation camps housing inmates who fight forest fires and are available to respond to other disasters.

(In Assembly Appropriations Committee)

AB 798 (Wildman-D) Education of prisoners

Revises, effective July 1, 2000, the funding formula for educational programs for adults in correctional facilities.

Vetoed by the Governor

AB 830 (Baldwin-R) Prisoners: release dates: public information

Requires the State Department of Corrections to add a feature to its existing website on the Internet permitting public access to a list of inmates and their projected release dates, as specified.

(In Assembly Public Safety Committee)

AB 1112* (Wright-D) Parole

Provides the terms and assessment standards necessary to implement both a new Task Driver Parole Model Pilot project in up to two locations, and also a Community Punishment Pilot Program.

Vetoed by the Governor

AB 1176 (Frusetta-R) Prisoners: work programs: highway cleanup

Authorizes the State Department of Corrections to require state prisoners to be employed in programs that clean up the areas surrounding nearby highways and other public areas.

(In Assembly Public Safety Committee)

AB 1222 (Kuehl-D) Corrections: out-of-state information: criminal sentencing

Provides that, among other things, except as authorized by California statute, no entity shall bring an individual into this state to save a criminal sentence imposed outside of California. Contains corresponding legislative intent language.

Chapter 707, Statutes of 1999

AB 1440 (Migden-D) Prison inmates: news media correspondence and interviews

Overrides, by statute, the 1996 regulations adopted by the State Department of Corrections which (1) deletes media from inmate confidential communications authorization which had previously been allowed by regulation, and (2) limits news media personal prisoner interviews to random only (while otherwise touring an institution), unless the media person visits or contacts the inmate using the same means as any member of the public (through monitored phone calls, non-confidential correspondence, or visits with restrictions on use of writing materials and a prohibition on recording devices and cameras), and makes related changes.

Vetoed by the Governor

AB 1449 (Florez-D) Prisoners: medical testing

Provides that every person confined in any local detention facility who batters any peace officer or employee of the facility by "gassing" is guilty of aggravated battery, a felony, and the inmate must undergo medical testing for hepatitis and tuberculosis.

(In Senate Public Safety Committee)

AB 1478 (Baugh-R) Community correctional facilities

Allows the Director of the State Department of Corrections to contract for the establishment and operation of community correctional facilities for the care of geriatric, developmentally disabled, and mentally ill inmates.

(In Assembly Public Safety Committee)

AB 1522 (Margett-R) Prisoners: aggravated battery

Extends the protection of the correctional anti-gassing statute to include all peace officers who come into contact with prison inmates, not just state prison employees, and removes the January 1, 2001 sunset on the gassing statute.

(In Assembly Appropriations Committee)

AB 1535* (Florez-D) New prison construction: Delano II: funding

Authorizes, as part of the 1999-2000 budget package, the construction of the Delano II state prison, using lease-purchase financing agreements. Provides that Delano II shall not be occupied until the State Department of Corrections has made available a total of 9,000 in-prison therapeutic bed slots. Appropriates $24 million for site acquisition and required planning and reports for Delano II, and appropriates $15.5 million for new parole officers. Makes related additions to law, including providing that the bill shall take effect immediately upon enactment.

Chapter 54, Statutes of 1999

Similar legislation is SB 904* (Costa-D) which is in Senate Public Safety Committee.

ACR 52 (Mazzoni-D) Children of incarcerated parents

Directs the California Research Bureau of the California State Library (Bureau) to conduct a study of the problems faced by and associated with children of incarcerated parents, and requires the Director of the Bureau to appoint an advisory panel, as specified, to advise and assist the Bureau during the study. The bill requires the Bureau to prepare and submit a written report with its findings and conclusions, based on the study, to the Legislature no later than July 1, 2001.

(In Assembly Appropriations Committee)

Weapons

SB 15 (Polanco-D) Firearms

Enacts restrictions on the manufacture, importation, or sale of "unsafe handguns", as defined in this bill, in California commencing January 1, 2001, as specified.

Chapter 248, Statutes of 1999

SB 23 (Perata-D) Firearms: assault weapons

Provides that it is a crime, punishable by an alternative misdemeanor/felony ("wobbler"), commencing January 1, 2000, for any person to manufacture or cause to be manufactured, import into the state, keep for sale, or offer to expose for sale, or give, or lend any large-capacity magazine (i.e., any ammunition feeding device with the capacity to accept more than 10 rounds), as specified.

Adds a new "generic" definition list of assault weapons in a new section of the Roberti-Roos Assault Weapons Control Act of 1989, as specified (generally punishable as a misdemeanor/felony).

Expands the existing Roberti-Roos exemption for use of assault weapons for peace officers while on duty to allow specified peace officers to use and possess assault weapons on and off duty and after retirement if that weapon is transferred to the retiring officer by the agency he or she is retiring from.

Double-joined with SB 359 (Knight) -- see Law Enforcement Section.

Chapter 129, Statutes of 1999

SB 29 (Peace-D) Dangerous Weapons Control Act

Involves changes in the Dangerous Weapons Control Act concerning the handgun registry maintained by the Attorney General. Includes processing costs associated with pistol-revolver delivery records with the current fee authorization given to the State Department of Justice. Makes changes in transfer of firearms provisions and makes exemptions from dealer processing requirement transfers by governmental agencies to wholesalers and transfers of non-nuisance weapons to museums.

Vetoed by the Governor

SB 130 (Hayden-D) Firearms: safety devices

Enacts the Aroner-Scott-Hayden Firearms Safety Act of 1999. Requires that after January 1, 2002, all firearms sold, transferred, or manufactured in this state be accompanied by both an approved firearms safety device and "warning" materials. Requires that the Attorney General/State Department of Justice set standards for such devices and certify laboratories to verify compliance of such devices with the standards, and to set timelines for the implementation of this bill. Requires all law enforcement agencies, effective January 1, 2000, to report to the State Department of Health Services about incidents involving unintentional or self-inflicted firearms wounds to minors. Enacts legislative findings about firearms injuries to children and makes related changes.

Chapter 245, Statutes of 1999

SB 547 (Lewis-R) Concealed handgun licenses

Requires that a sheriff or police chief issue a license to carry a concealable firearm in public to an applicant who reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has, or persons who have, been found to pose a threat to his or her life or safety, as specified.

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

SB 611* (Alarcon-D) Chemical and biological agents

Proposes to greatly expand the definitions of, and the penalties for, the use and threatened use of biological agents, toxins and chemical weapons.

(In Senate Public Safety Committee)

SB 778 (Haynes-R) Firearms: affirmative defense

Allows a defendant to present evidence as an affirmative defense to a charge of unlawful possession of a firearm in public or in a vehicle, as specified.

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

SB 1145 (Rainey-R) Possession of an assault weapon

Provides for a 10-year enhancement of sentence in any conviction for a crime in which the perpetrator used an assault firearm and has previously been convicted of a prior violent felony.

(Failed passage in Senate Public Safety Committee)

SB 1212 (Perata-D) Product liability: firearms

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

(In Senate Judiciary Committee)

SR 19 (Baca-D) Reducing the use of firearms by criminals

Supports a program, such as Project Exile, which remove armed drug dealers and criminals from the streets and supports the adoption of this program nationwide. States that these programs not be applied to any offense that would be punished solely by a fund under state law.

Adopted

AB 9* (Cardoza-D) Personal income taxes: gun safes

Authorizes a $150 tax credit under California law for the purchase of a new gun safe during the 2000 through 2003 tax years.

(Held under submission in Assembly Appropriations Committee)

AB 17 (Jackson-D) Firearms: state preemption

Eliminates the Legislature's expressed intention that the state occupy the field of regulating the registration and licensing of firearms. Also authorizes local authorities to require permits or licenses for concealable weapons within a residence, a place of business, or on other private property.

(On Assembly Inactive File)

AB 32 (Scott-D) Firearms

Prohibits, generally, licensed firearm dealers and licensed firearm manufacturers from obtaining new licenses after January 1, 2000, to operate in premises within 1,000 feet of a public or private school, as defined. Requires that employees of licensed firearm dealers who have access to firearms that are not secured to obtain a Certificate of Eligibility (background check with computer tracking for subsequent violations), and makes related changes and additions to law.

(On Assembly Inactive File)

AB 106 (Scott-D) Firearms: safety devices

Enacts the "Aroner-Scott-Hayden Firearms Safety Act of 1999". Requires that, after January 1, 2002, all firearms sold, transferred, or manufactured in this state be accompanied by both an approved firearms safety device and "warning" materials, requires that the Attorney General/State Department of Justice set standards for such devices and certify laboratories to verify compliance of such devices with the standards, and sets timelines for the implementation of this bill. Requires all law enforcement agencies, effective January 1, 2000, to report to the Attorney General about incidents involving unintentional or self-inflicted firearms wounds to minors, and enacts legislative findings about firearms injuries to children.

Chapter 246, Statutes of 1999

AB 140 (Hertzberg-D) Weapons of mass destruction

Enacts the Hertzberg-Alarcon California Prevention of Terrorism Act. Creates a comprehensive scheme to control weapons of mass destruction (biological, chemical and nuclear weapon) and to punish those who use or possess such weapons, similar to federal law. Creates a California terrorism law in order to allow California to exercise joint jurisdiction in these crimes. Punishes one who makes a credible threat to use a weapon of mass destruction, regardless of whether or not the perpetrator has the means to carry out such threat, than other forms of terrorist threats.

Chapter 563, Statutes of 1999

AB 156* (Strickland-R) Tax credits: firearm locking device

Authorizes a tax credit for the purchase of trigger locks for personal, noncommercial use in California, effective for taxable years 1999 through 2003.

(In Assembly Appropriations Committee)

AB 200 (Wright-D) Gun shows

Enacts the "Gun Show Enforcement and Security Act of 2000," as specified, and makes related changes to existing law.

(In Senate Public Safety Committee)

AB 202 (Knox-D) Handgun purchases

Generally limits purchases of handguns from licensed firearms dealers in California to no more than one person per month, as specified.

Chapter 128, Statutes of 1999

AB 245 (Cunneen-R) Firearms: sentence enhancements

Increases sentence enhancements for being armed with or using firearms or other deadly weapons. Repeals existing code sections relating to the use of firearm and great bodily injury enhancements.

(Failed passage in Assembly Public Safety Committee)

AB 295 (Corbett-D) Gun shows

Enacts the Gun Show Enforcement and Security Act of 2000 which makes changes to the laws regulating gun shows, gun show promoters and vendors. Obligates the promoter to notify law enforcement regarding specified details of the gun show. Requires each gun show to have a security plan, a minimum $1 million insurance policy, and signs posted with information for attendees.

Chapter 247, Statutes of 1999

AB 305 (Robert Pacheco-R) Firearms: ex-felons

Increases the penalty for possession of a gun by an ex-felon if the weapon is concealed or loaded and carried in a public place, from 16 months, two, or three years in state prison to three, four, or five years.

(In Assembly Appropriations Committee)

AB 346 (Runner-R) Concealed firearms: license to carry

Authorizes the Director of the State Department of Consumer Affairs (DCA) to establish qualifications whereby he or she may, until December 31, 2003, issue to a person licensed to provide private security services a separate license to carry a nonexposed pistol, revolver, or other firearm capable of being concealed upon the person if the individual meets specified criteria, including the lack of objection by specified local law enforcement officials where the licensee resides and where he or she is employed. Imposes related restrictions, conditions, and requirements upon this approval, including a requirement that the Director of DCA notifies specified law enforcement officials upon issuance of a license.

(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

AB 392 (Strickland-R) Firearms: possession while intoxicated

Provides that any person who brandishes a firearm while intoxicated shall, upon conviction, be punishable by imprisonment in a county jail or by imprisonment in the state prison.

(In Assembly Public Safety Committee)

AB 403 (Romero-D) Gun shows

Appropriates $200,000 from the General Fund to the State Department of Justice for training of local law enforcement of firearms laws at gun shows.

Chapter 1022, Statutes of 1999

AB 491 (Scott-D) Concealed handguns/loaded firearms: penalties

Requires the Attorney General (AG), at the written request of any person listed in the AG's concealed firearm registry as the owner of a firearm through a Dealers' Record of Sale prior to 1979, to store and keep that record electronically and to provide the person written notice of its compliance with the request.

Makes it a wobbler, punishable by up to one year in county jail or in state prison, a fine, or both, to carry a concealed firearm if both the firearm and the unexpended ammunition are in the immediate possession of the person or are readily accessible, or the concealable firearm is loaded, as specified, and the person is not the registered owner.

Makes it a wobbler to openly carry a concealable, loaded firearm if the person is not the registered owner,

Changes the definition of lawful possession, as specified. Also requires, until January 1, 2005, district attorneys to report annually to the AG profiles of person charged with felonies or misdemeanors under these provisions. Requires the AG to report the same to the Legislature annually.

Chapter 571, Statutes of 1999

AB 505 (Wright-D) Firearms: safety standards

Specifies that a judge may order a person who is convicted of criminal storage of a loaded firearm to perform not more than 200 hours of community service or participate in parenting courses as conditions of probation. Adds a specific prohibition to law that no member of the public who is under the age of 18 years shall be admitted to a gun show or event unless accompanied by a legal guardian or parent.

Enacts a comprehensive new "California Sporting and Self Defense Handgun Safety Standards Act."

(In Senate Public Safety Committee)

AB 529 (Soto-D) Sentencing: firearms

Codifies a recent California Supreme Court decision (People v. Ledesma, 1997), that ruled that imposition of a sentencing enhancement for personal use of a gun is mandatory if the underlying felony is assault with a gun, as specified.

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

AB 719 (Briggs-R) Firearms: license to carry

Deletes training requirements for a person applying for a license to carry a concealed firearm.

(In Assembly Public Safety Committee)

AB 800 (Washington-D) Pupil safety: firearms

Requires the Superintendent of Public Instruction, in cooperation with the Attorney General, to adopt a system that will shield the identity and provide protection to pupils who report the presence of firearms on school campuses that offer instruction in kindergarten and any of grades one through twelve, inclusive. Requires each school district, commencing in the 2000-01 school year, to implement that system.

(In Assembly Education Committee)

AB 863 (Honda-D) Firearms

Makes numerous changes to existing law dealing with the transfer of firearms by a licensed dealer.

(In Assembly Public Safety Committee)

AB 988 (Lowenthal-D) Firearms: licenses: residential dwelling

Prohibits, commencing January 1, 2002, local entities from issuing a license to sell firearms to any applicant where the building to be designated in the license where the retail sale of firearms is to occur is a residential dwelling, as specified. Provides exceptions from the general prohibition, and makes related changes in law.

(On Senate Inactive File)

AB 1033 (Floyd-D) Firearms: short-barreled shotgun

Defines a short-barreled shotgun as, among other things, a shotgun having a barrel or barrels of less than 18 inches in length or a shotgun having an overall length of less than 26 inches.

(In Assembly Public Safety Committee)

AB 1040 (Wright-D) Concealed weapon license: issuance

Provides that the training required for the renewal of a concealed weapons license shall satisfy the requirements for such training for a period of four years.

Exempts instructors of training courses for initial licensing and renewals from the requirement to complete such course for a concealed weapons license.

Vetoed by the Governor

AB 1097* (Romero-D) Firearms: gun shows

Creates a Firearm Law Enforcement Unit within the State Department of Justice (DOJ), as specified, appropriates $1.9 million from the General Fund to DOJ for this purpose, and makes related changes.

(In Senate Appropriations Committee)

AB 1142 (Soto-D) Firearms: criminal storage: minors

Expands the existing criminal storage of firearm penalties to include such storage when a minor is under 18 years of age (currently 16). Creates a new penalty for criminal storage of any firearm, whether unloaded or not, when no injury occurs but the minor brings the firearm to any public or private K-12 school or school event punishable as a misdemeanor. Double-joined with SB 29 (Peace) in this Section.

Vetoed by the Governor

AB 1188 (Runner-R) Undetectable knives

Prohibits the commercial manufacture, commercial sale, or commercial importation of any "undetectable knife" in this state, as specified, and defines that term, with a misdemeanor penalty for violations.

Chapter 976, Statutes of 1999

AB 1265 (Wright-D) Firearms: assault weapons

Adds a "generic" definition of assault weapons to the Assault Weapons Control Act of 1989, makes manufacturing, importing, selling, lending, or giving of a large-capacity magazine (i.e., any ammunition feeding device with a capacity to accept more then 20 rounds) an alternate felony/misdemeanor, and makes numerous related changes.

(Failed passage in Assembly Public Safety Committee)

AB 1322 (Oller-R) Concealed weapons licenses: custodial officers

Allows a concealed weapons license issued to a Section 831.5 officer employed by a sheriff to be valid for up to four years, as specified.

Chapter 142, Statutes of 1999

AB 1438 (Briggs-R) Firearms

Appropriates $4 million for TV, radio and billboard advertising to inform the public of the so-called "10-20-life law," which created a 10-year sentence enhancement for using a gun in the commission of specified violent or serious felonies, a 20-year enhancement for firing a gun in the commission of these felonies and a 25-to-life sentence for firing a gun in the commission of these felonies that cause great bodily harm or death.

(Held under submission in Assembly Appropriations Committee)

AB 1575* (Machado-D) Victims of crime: terrorism

Expands eligibility for the Victims of Crime Program to include persons, businesses and organizations who were victims of bombing and arson hate crimes, as specified.

(Held under submission in Senate Appropriations Committee)

AB 1587* (Scott-D) Possession of firearms

Creates a meaningful judicial hearing to determine whether a person formerly subject to a 72-hour "5150" hold under the Lanterman-Petris-Short Act as a danger to self or others may be prohibited from possessing a firearm. Establishes procedures to be followed prior to and relative to the hearing.

Chapter 578, Statutes of 1999

AB 1607 (Shelley-D) Firearms: licensing

Requires any person who seeks to purchase any pistol, revolver, or other firearm capable of being concealed upon the person to obtain a handgun owner's license issued by the State Department of Justice (DOJ). Requires DOJ to develop and make available a handgun owner's license application form. Requires an applicant for a handgun owner's license to provide specified information under penalty of perjury.

(In Assembly Public Safety Committee)

HR 26 (Machado-D) Gun shows

Requests the Governor of the State of California to immediately issue an Executive Order to place a moratorium on any and all gun shows taking place on property owned by the State of California until the Attorney General and local law enforcement officials are satisfied that existing federal and state laws and local ordinances relating to gun shows are sufficiently enforced.

Urges the Governor to immediately issue that Executive Order in the sincere belief and intention that the health and safety of the citizens of the State of California will be compromised if gun shows continue to harbor alleged illegal activity.

(In Assembly Public Safety Committee)

Attorneys

SB 72 (Murray-D) Lawyers: financial services: disclosure

Requires a lawyer to provide a detailed disclosure statement before the lawyer is able, while acting as a fiduciary, to sell financial products to any client who is an elder or dependent adult with whom the lawyer has or has had an attorney-client relationship within the past three years.

Chapter 454, Statutes of 1999

SB 143 (Burton-D) State Bar discipline procedures

Provides that attorneys who are being investigated by the State Bar for possible disciplinary action (1) cannot be compelled to waive any statutory or constitutional privilege in meeting the attorney's duty to cooperate with a request for information form the State Bar, or (2) cannot be compelled to comply with a request for information within an unreasonable period of time, and (3) must be given fair and adequate notice of the changes and a fair and adequate opportunity to respond.

Requires the State Bar to study its disciplinary practices to review whether there exists any institutional bias which may cause more disciplinary actions to be filed against solo and small firm practitioners than against attorneys in large firms.

Defines "small firm practitioners" and provides that the report may not be used for a defense or mitigating factor in any disciplinary action, as specified.

Changes the date for the report to the Legislature relative to disciplinary statistics from December 1, 2000 to June 30, 2001.

Requires, as of November 1, 2000, that five hearing judges be appointed to the State Bar Court, two of whom are to be appointed by the Supreme Court, one by the Governor, one by the Senate Rules Committee, and one by the Speaker of the Assembly.

Eliminates, as of November 1, 2000, the Lay Judge position on the Review Department of the State Bar court and replaces that position with another Review Department Judge to be appointed by the Supreme Court.

Chapter 221, Statutes of 1999

SB 144 (Schiff-D) State Bar: dues and operations

1. Authorizes the State Bar to collect $318 as membership dues for the year 2000, on top of the on-going authorization to collect $77, for a total dues bill of $395.
2. Provides a 35% fee reduction if the lawyer's gross family income is less than $40,000, and a 50% offset if the gross income is less than $25,000.
3. Reduces the mandatory continuing legal education requirement from 36 hours in 36 months to 25 hours every 36 months, and requires the State Bar to develop low-cost or no-cost options for fulfilling self-study requirements.
4. Repeals the exemption for retired judges from the mandatory continuing legal education requirement.
5. Makes the Conference of Delegates and the State Bar Sections self-funding (no funding with mandatory dues), but allows the State Bar to collect voluntary fees on their behalf and to provide administrative support services at cost.
6. Allows members to deduct $5 from their dues if they do not want their dues used by the State Bar to lobby on legislation outside the limits of Keller v. State Bar, and limits the State Bar's use of mandatory dues on non-Keller lobbying and related activities to an amount specified by formula.
7. Requires an independent comprehensive financial audit of State Bar expenses prior to an authorization to collect dues for the year 2001.
8. Provides that the provisions of this bill become operative only if SB 143 is enacted.
9. Requires an annual performance audit to be conducted b the Bureau of State Audits.
10. Limits the contracting for goods and services by the State Bar to no more than $50,000.

Chapter 342, Statutes of 1999

SB 383 (Haynes-R) Attorney's fees

Increases the amount of attorney's fees awardable to a prevailing party in a collection claim on an open book account.

(On Assembly Inactive File)

SB 757 (Morrow-R) California State Bar: dues and permitted activities

1. Authorizes the State Bar to collect $345 in total dues for the year 2000, and repeals the State Bar's existing authority to collect separate dues of $25 for discipline and $2 for the discipline monitor. (The existing $40 Client Security Fund fee and $10 Bulding Fund fee will be part of the $345.)
2. Limits State Bar activities to that approved by the Legislature, and limits lobbying to specified State Bar issues.
3. Separtes the Conference of Delegates from the State Bar. (Sections would be unaffected.)
4. Provides that the continuation of mandatory continuing legal education requirements will be subject to Supreme Court determination.
5. Requires the State Bar to contract with the Bureau of State Audits to conduct an audit of bar expenses, and requires submittal of the State Bar's annual budget to review by the fiscal committess of each house.
6. Requires open meetings of the Board of Governors of the State Bar and its committees, except for specified exceptions.
7. Requires the State Bar to expeditiously comply with a final decision of the United States or California Supreme court that is clearly applicable to the constitutionality of the Interest on Legal Trust Accounts program.
8. Clarifies the rights of lawyers being investigated for discipline, to protect the exercixe of constitutional rights.
9. Requires a person appealing a Hearing Department decision to show that the Hearing Department did not proceed as required by law, or that its findings are not supported by evidence or are clearly erroneous.
10. Expresses legisaltive intent that the State Bar use its best efforts to maximize its income through the lease or sale of commercial office space in the 180 Howard Street building owned by the State Bar.
11. Prohibits the State bar from awarding a contract for goods or services in an aggregate amount exceeding $50,000, except under a procedure which makes use of a request for a proposal.
12. Limits the late penalty the State Bar may impose for the late filing of annual certificate of registration by a law corporation.

(Failed passage in Senate Judiciary Committee)

SB 758 (Morrow-R) Mobilehome Residency Law: attorneys fees

Requires the court to award reasonable attorneys fees to the prevailing party in an action brought pursuant to the Mobilehome Residency Law.

(In Senate Judiciary Committee)

AB 1042 (Cedillo-D) State Bar of California: Baby Bar

Requires, until January 1, 2003, a student attending an unaccredited law school only to take the law students' examination, after which, he or she will be notified, based on the score of the examination, of the probability of passing the general bar examination. Provides, until January 1, 2003, that the passing of the law students' examination shall not be a condition of receiving credit for law study or of eligibility to take the general bar examination. Repeals all requirements relating to the law students' examination as of January 1, 2003. States legislative intent to make the bill apply retroactively.

(On Senate Inactive File)

AB 1153 (Ackerman-R) State Bar: membership fees

Authorizes the State Bar of California to collect dues from its members and restructures many of the functions and procedures under which the State Bar operates.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1286 (Strickland-R) Attorneys: duties

Requires a lawyer to reveal to a law enforcement agency information regarding the location of a person missing against his or her will, and reveals the identify of the person who has that information.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1452 (Alquist-D) Law schools: unaccredited

Requires all degree-granting law schools that are subject to regulation by the Bureau for Private Postsecondary and Vocational Education to provide reasonable access to specified library resources. Provides that this requirement will not apply to correspondence law schools. Requires revision of the California Rules of Court to conform with this requirement.

(In Assembly Judiciary Committee)

Courts and Judges

SB 35 (Baca-D) Civil filing fees: courthouse construction

Allows, upon a vote of the board of supervisors, San Bernardino County to assess up to a $35 surcharge upon the existing filing fee for civil complaints and first responsive pleadings in limited civil cases.

Chapter 150, Statutes of 1999

SB 161 (Monteith-R) Local government: homicide trials

Specifies that funds appropriated in the Budget Act of 1999 for local assistance payments to counties for the cost of homicide trials shall be available to pay 100% of the costs incurred by Tuolumne and/or Mariposa counties for the homicide trials of individuals arrested for the Pelosso murder and the Sund murders.

Vetoed by the Governor

SB 210* (Senate Judiciary Committee) Courts: unification

Makes a variety of changes needed to conform the codes to the trial court unification legislation, such as repealing inadvertently chaptered our sections, inaccurate cross references, and obsolete nomenclature.

Chapter 344, Statutes of 1999

SB 309* (Baca-D) Court security services: San Bernardino County

Allows the San Bernardino County Board of Supervisors to commence public hearings, commencing no later than 30 days after the effective date of this bill, regarding the abolition of the marshal's office, and the transfer of court-related services currently provided by the marshal to the sheriff's department.

Chapter 138, Statutes of 1999

SB 312 (Schiff-D) Judicial Administration Efficiency and Modernization Fund

Appropriates at least $10 million from the General Fund to the Judicial Administration Efficiency and Modernization (JAEM) Fund. Eliminates some of the types of projects that may be funded such as the incentives for judges and education. States legislative intent that Judicial Council prioritize allocations from the fund to give priority to Year 2000 remediation efforts, and to courts with the greatest information technology needs. Makes legislative findings that $10 million is the minimum amount needed for these purposes. In its analysis of the 1999-2000 Budget Bill, the Legislative Analyst's Office recommended giving priority of the $10 million in JAEM funding to information technology projects.

(In Senate Appropriations Committee)

SB 316 (Chesbro-D) State and local government: homicide trials

Revises the state-local cost sharing formula for homicide trials. Specifically:

1. Extends the "about-to-sunset" state-local cost sharing formula for county homicide trials from January 1, 2000, to January 1, 2005.
2. Delays the "about-to-go-into-effect" state-local cost-sharing formula for county homicide trials, so that it will go into effect on January 1, 2005, instead of January 1, 2000.
3. Specifies that funds appropriated in the Budget Act of 1999 shall be available to reimburse 100% of the costs incurred by the County of Lake for the separate homicide trials of Charles Craft, Stanley Hines, and Jerrold Johnson.

Vetoed by the Governor

SB 449 (Burton-D) Court reporters: transcription fees

Revises the fee schedule for purchasing a transcript prepared by a court reporter. Increases the fee for an original transcript from 85 cents to $1.15 for each 100 words, and drops from 15 cents to 10 cents per 100 words for each copy purchased at the same time.

Provides that the fee for a first copy to any other person stays at 20 cents per 100 words and each copy purchased at the same time would cost 10 cents instead of 15 cents per 100 words.

(In Conference Committee)

SB 591 (Morrow-R) Criminal procedure: capital cases

Provides that the judge in a capital case shall not receive his or her salary until he or she affirms that no record remains pending and uncertified for 120 or more days after delivery of the record to appellate counsel.

(In Senate Public Safety Committee)

SB 600 (Costa-D) Trial court funding

Enacts various technical clarifications to the Lockyer-Isenberg Trial Court Funding Act of 1997.

Vetoed by the Governor

SB 767 (Senate Budget And Fiscal Review Committee) Budget Act of 1999: augmentation

Amends the State Budget Act to include numerous specified projects, including adding Item 5240-101-0001 to the 1999 State Budget Act to the 1999 State Budget Act and appropriates $400,000 for the remodeling of the courthouse in Imperial County.

Chapter 1003, Statutes of 1999

SB 832 (Senate Public Safety Committee) Technical omnibus bill

Limits the intent requirement for the offense of obstructing justice by a judicial officer to actual knowledge by deleting the language "or should have known."

Authorizes one superior court judge, instead of three, to hear appeals from convictions of traffic infractions.

Revises certain provisions regarding the California Habeas Resource Center to require that reimbursement payments be processed through the Federal Trust Fund.

Adds commissioners, referees, or other subordinate judicial officers to the list of persons protected by the statute that provides for an alternate felony misdemeanor for assault upon specified governmental officials.

Chapter 853, Statutes of 1999

SB 857 (Peace-D) Judges' Retirement System: benefits

Authorizes the former spouse of a retired judge to receive a lifetime benefit from the Judges' Retirement System (JRS), if the divorce or legal separation occurs after retirement.

Establishes retroactive eligibility for former spouses of judges retired or deceased as of January 1, 2000, as long s the former spouse retained an interest in the JRS as part of the divorce or separation, and notifies the JRS.

Establishes retroactive eligibility. Benefits, however, are to be paid prospectively only.

(In Assembly Appropriations Committee)

SB 976 (Perata-D) Retired judges: benefits

Makes changes to the benefits available to retired judges under the Judges Retirement Law and the Judges' Retirement System II Law, including the application of retirement allowance reductions as a result of employment, allowing specified judges on disability to seek public office without cessation of benefits, providing a pre-retirement death benefit for the surviving spouse of a judge, and providing a cost-of-living adjustment for specified judges receiving a disability retirement allowance.

Chapter 671, Statutes of 1999

SB 1184 (Murray-D) Judges

Effective January 1, 2000, authorizes 50 new trial court judgeships and 12 new Appellate Court Justice positions.

(In Senate Appropriations Committee)

SB 1196* (Morrow-R) Court consolidations: marshal's office

Authorizes the Board of Supervisors in Merced, San Bernardino, and Shasta Counties to commence public hearings to consider abolishing the marshal's office and transferring court security services to the county sheriff's department, and requires a final determination by the board within 30 days after commencement of the hearings.

Requires that any transfer of security services shall be completed by July 2000.

States that no employee of the marshal's office shall be adversely affected as a result of the abolition and merger with the sheriff's department.

Abolishes the San Diego marshal's Office and merges marshal personnel into the sheriff's department on or after January 1, 2000, upon adoption of a resolution by the San Diego County Board of Supervisors.

Chapter 641, Statutes of 1999

SB 1254 (Schiff-D) Confidentiality of writings

Creates the "Sunshine in the Courts Act" to regulate and control the use of court-sanctioned "secrecy" agreements.

(In Assembly Appropriations Committee)

SB 1289 (Schiff-D) Public social services: drug courts

Establishes, within the State Department of Alcohol and Drug programs, the High Risk Family Drug Court Partnership Program, a competitive grant program to provide matching funds to local drug court systems to supervise and treat parents of children who are dependents of juvenile court.

(In Senate Appropriations Committee)

AB 177 (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 not less than two nor more than five dollars to be used for the purpose of funding children's waiting room facilities within the courthouse. Sunsets January 1, 2010.

Chapter 115, Statutes of 1999

AB 337 (Baldwin-R) Filing of judicial campaign statement

Deletes the requirement for filing of campaign statements with the Secretary of State by superior court judges.

Requires a superior court judge, a candidate for superior court judge, and their controlled committees, to file one cop and the original of his or her semi-annual campaign statement with the clerk of the county in which the court is situated, in addition to filing with the county of domicile.

(In Assembly Elections and Reapportionment Committee)

AB 508* (Leonard-R) Trial court funding

Revises downward the amounts based on fine and forfeiture revenue which San Bernardino County is required to remit to the state for trial court funding by $439,259.

Provides for an appropriation of $439,000 to be placed in the Trial court Trust Fund.

Vetoed by the Governor

AB 627 (Olberg-R) Supreme Court: Division of Criminal Appeals

Provides that the seven justices of the Division of Criminal Appeals, first elected, shall serve terms of four, eight, and twelve years, as specified. Double-joined with ACA 9 (Olberg).

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

AB 694 (Battin-R) Unlawful detainer

Provides that a court shall have discretion to order a defendant to deposit prospective rent with the court clerk if the court finds at a pretrial hearing specified facts regarding the unlawful detainer, based on written declarations and oral testimony presented by the parties, as specified. Requires a court to enter judgment for the plaintiff on the issue of possession of the premises and dismiss any claim for monetary relief without prejudice if the defendant fails to pay the deposit required by the court. Specifies that a defendant could have an opportunity to avoid entry of judgment for possession by making the prospective rent deposit two days from the date of the hearing.

(In Assembly Judiciary Committee)

AB 813 (Assembly Public Employees, Retirement And Social Security Committee) Public Employees' and Judges' Retirement Systems

This bill makes a variety of minor and technical changes to the laws the Public Employees' Retirement System is charged with administering. Clarifies conflicting language between the Judges' I and Judges' II Retirement System (JRS) and makes other technical changes to the JRS code sections.

Chapter 705, Statutes of 1999

AB 876 (Maldonado-R) Trials: sexually violent predators

Requires cities or counties to be reimbursed for the costs of annual trials to extend the commitments of sexually violent predators.

(In Assembly Appropriations Committee)

AB 972 (Ducheny-D) San Diego County Marshal's Office

Provides for the abolition of the San Diego County Marshal's Office, and the absorption of the marshal's staff into the sheriff's department. Provides that court security services, which the marshal currently provides, will be taken over by the sheriff.

Chapter 335, Statutes of 1999

AB 1105* (Jackson-D) State administration: Budget Trailer Bill

Enacts numerous changes to state law including the establishment of an Alternative Dispute Resolution Process Pilot program in four courts.

Chapter 67, Statutes of 1999

AB 1111* (Aroner-D) Social services: Budget Trailer Bill

Makes numerous changes to existing law including providing that Drug Court Partnership Program grants awarded in both 1998-99 and 1999-2000 shall be for four years, subject to the appropriation of funds in subsequent Budget acts.

Establishes the Comprehensive Drug Court Implementation Program to be administered by the State Department of Alcohol and Drug Programs, which provides funding to counties for the operation of drug courts for adults, juveniles, and parents of children who are detained by, or are dependents of, the child welfare system.

Chapter 147, Statutes of 1999

Similar legislation is SB 1789 (Schiff-D) which is in the Senate Appropriations Committee.

AB 1115* (Strom-Martin-D) Omnibus Education Budget Trailer Bill

Increases the appellate court filing fee by $15 to $265 and directs the increase to fund the California Law Library, which is already partially funded by this fee. Extends the sunset date on this funding mechanism for five years.

Vetoed by the Governor

AB 1131 (Ackerman-R) Small claims court

Allows purchasers of debt for investment purposes, often referred to as financing agencies, to file in small claims court if they meet specified criteria. Limits the number of filings by financing agencies to either five claims per day or a lesser amount if a court decides that permitting these claims will overburden the court.

(In Senate Judiciary Committee)

AB 1152 (Ackerman-R) Courts: funding and public guardians: fees for service

Requires the court, in determining compensation payable to the public guardian for services rendered, to consider factors such as the actual costs of the services provided, the amount of the estate involved, the special value of services rendered in relation to the estate, and whether the compensation requested might impose an economic hardship on the estate. Double-joined with SB 600. (See this section.)

Chapter 866, Statutes of 1999

AB 1361 (Aroner-D) Small claims: fees

Allows, after specified guidelines have been satisfied, a county board of supervisors to increase the amount of the filing fee for small claims court in that county by up to $5 for the purpose of funding the small claims court advisers clinic.

Vetoed by the Governor

AB 1673 (Assembly Judiciary Committee) Trial court staffing

Contains the annual court staffing omnibus provisions.

Chapter 891, Statutes of 1999

ACA 9 (Olberg-R) Division of Criminal Appeals

Expands Supreme Court membership by creating a separate Division of Criminal Appeals which exercises the jurisdiction of the Supreme Court in appeals when there is a judgment of death, habeas corpus proceedings in criminal cases, and for extraordinary relief and appeal in criminal cases.

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

ACR 12 (Steinberg-D) The Honorable Robert K. Puglia

Honors Presiding Justice Robert K. Puglia on his outstanding record of judicial leadership with the California Court of Appeal, Third Appellate District, commend, congratulate, and honor him on his long and distinguished record of public service and on his outstanding display of civic leadership, and convey to him best, heartfelt wishes for good health and every continued success and happiness in his future endeavors.

Resolution Chapter 3, Statutes of 1999

ACR 85 (Kuehl-D) Trial court unification

Expresses the Legislature's strong support for the unification of the trial courts throughout California, as a critical mechanism to promote efficiency and effectiveness and to improve access to the justice system.

(In Senate Rules Committee)

ACR 86 (Aroner-D) Court Adoption and Permanency Month

Proclaims November 1999 as "Court Adoption and Permanency Month."

Resolution Chapter 119, Statutes of 1999

Law Enforcement

SB 6 (Rainey-R) Reports of missing persons

Authorizes an increase in the age at which local police and sheriff's departments would be required to broadcast a missing persons bulletin in its jurisdiction, without delay, from under age twelve to under age sixteen.

(In Senate Public Safety Committee)

SB 12 (Rainey-R) Correctional peace officers: training

Requires the State Department of Corrections, to the extent funding is appropriated to provide 24 weeks of training to each correctional officer cadet, to be completed prior to the cadet's assignment to a post or position as a correctional peace officer.

(In Senate Public Safety Committee)

SB 66 (Murray-D) Crime prevention: racial profiles

Requires the Commission on Peace Officer Standards and Training to include instruction on racial and cultural diversity.

(On Assembly Inactive File)

SB 78 (Murray-D) Commissioner of the California Highway Patrol: annual report

Requires the Commissioner of the State Department of the California Highway Patrol (CHP) to gather specified data regarding traffic stops conducted by CHP officers and law enforcement agencies of specified counties. Requires the Commissioner to present to the Governor and the Legislature a report containing the information.

Vetoed by the Governor

SB 122 (Haynes-R) Public Safety Training Pilot Project Act of 1999

Creates the Public Safety Training Facilities Fund (Fund) to finance a three-year pilot project to develop up to three public safety training facilities and to purchase capital equipment for those facilities to meet the training needs of public safety agencies and employees. Creates the Public Safety Training Facilities Board to administer the Fund. States legislative intent that $21 million be allocated in the annual budget act to implement the above provisions.

(In Senate Public Safety Committee)

SB 140 (Johnson-R) Failure to report an accidental death

Requires any person who accidentally causes the death of another person to immediately report the death to a law enforcement office or agency, to follow any instructions given by the law enforcement agency and to wait at the scene for the arrival of a representative of the agency. Makes failure to comply on alternate felony/misdemeanor ("wobbler"), punishable by imprisonment in the state prison for 16 months, two years or three years, or in the county jail for up to one year, and/or a fine of between $1,000 and $10,000.

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

SB 175 (Rainey-R) Warrants

Establishes in the Office of Criminal Justice Planning a pilot program to be implemented in the City and County of San Francisco, and the counties of Contra Costa and San Bernardino to apprehend people with outstanding arrest warrants.

(In Assembly Appropriations Committee)

SB 190 (Knight-R) Law enforcement telecommunications system

Allows railroad police officers, for legitimate law enforcement purposes, access to the California Law Enforcement Telecommunications system, which contains criminal history information.

(In Assembly Public Safety Committee)

SB 287 (Baca-D) Arrest of foreign nationals

Requires California law enforcement agencies to develop training materials based on pertinent law enforcement obligations under the 1963 Vienna Convention on Consular Relations Treaty.

Requires every peace officer, upon the arrest and booking or detention for more than two hours of a known or suspected foreign national, to advise the foreign national that he or she has a right to communicate with an official from the consulate of his or her country except as specified.

Requires the peace officer or a pertinent official of his or her agency or department to follow prescribed procedures in notifying and accommodating the consular officers at the consulate of the arrestee.

Chapter 268, Statutes of 1999

SB 323 (Hayden-D) Peace Process Task Force and Commission on Prison Peace

Creates the Commission on Prison Peace to address and identify the causes of violence in state prisons and recommends preventive solutions. Establishes the Peace Process Task Force to make findings and recommendations regarding gang violence prevention and to promote a peace process.

Vetoed by the Governor

SB 355 (Hughes-D) Community colleges and K-12 school district policies

Adds community college and K-12 school district police to existing statutes that involve additional peace officer authority or status, in specified domestic violence situations.

Chapter 659, Statutes of 1999

SB 359* (Knight-R) Reserve officers: training

Requires a reserve officer who has previously satisfied specified peace officer standards and training requirements and has been serving as a Level I or II reserve officer in one law enforcement agency be deemed to remain qualified even though that reserve officer accepts a new appointment at the same level in another law enforcement agency.

Allows peace officer members (including reserve peace officers) of designated police agencies to be able to use specified weapons when on duty and within the course and scope of their duties, as specified.

Chapter 111, Statutes of 1999

SB 381 (Baca-D) Peace officers: equipment

Requires, to the extent that the Legislature makes funds available for this purpose, all full-time police officers and deputy sheriffs be provided with a protective vest upon request.

(In Senate Appropriations Committee)

SB 402 (Burton-D) Law enforcement officers and firefighters

Provides final and binding arbitration of any matter in dispute (within the scope of bargaining under the various existing state and local acts) between any public employer in California (including the state) and employee organizations representing its firefighters or law enforcement employees.

(On Assembly Inactive File)

SB 451 (Schiff-D) Criminal conduct by public employees

Establishes a scheme where "major incidents" occurring at a State Department of Corrections (DOC) facility are reported to the Attorney General (AG), who shall have the discretion to investigate and prosecute criminal cases involving DOC employees instead of the local district attorney, subject to any memorandum of understanding between the AG and a specific district attorney.

(In Assembly Public Safety Committee)

SB 499 (Figueroa-D) Sexual Assault Felony Enforcement ("Safe") Teams

Expressly authorizes counties to establish and implement sexual assault felony enforcement ("Safe") teams, as specified.

(In Assembly Public Safety Committee)

SB 524 (Polanco-D) Law Enforcement Mentoring Program for At-Risk Youth

Establishes a task force to recommend to the Legislature the substantive components of the yet to be created Law Enforcement Mentoring Program for At-Risk Youth.

Vetoed by the Governor

SB 570 (Alarcon-D) School personnel: disruptions or threats

Restructures and, in some circumstances, increases the criminal penalties and imposes mandatory minimum jail terms for the willful disruption on school grounds by non-pupils and disruption of school activities. Enacts legislative intent language to require specified school-related workers to report missing children to law enforcement, as specified.

Chapter 1013, Statutes of 1999

SB 618 (Chesbro-D) Child care facilities

Prohibits fees for criminal background checks for volunteers in licensed child care facilities, and establishes a workgroup to study state fingerprinting requirements.

Chapter 934, Statutes of 1999

SB 627* (Johnston-D) Forensic services

Creates the Task Force on Statewide Forensic Services within the State Department of Justice.

Vetoed by the Governor

SB 654 (Schiff-D) DNA and forensic identification

Makes a number of clean-up changes to the DNA and Forensic Identification Data Base and Data Bank Act of 1998.

Chapter 475, Statutes of 1999

SB 747 (Burton-D) Peace officer training

Requires that examinations in Police Officer Standards Training (POST) training courses shall include standardized qualifying examinations, not just informational tests.

Provides that unsuccessful candidates may retake tests, and provides that test results shall remain confidential. Requires passing the test for successful completion of training.

Eliminates the requirement that POST develop teargas training for private investigators and patrol officers, and that such responsibility be given to the Bureau of Security and Investigation Services in the State Department of Consumer Affairs, which licenses and regulates those persons.

Chapter 852, Statutes of 1999

SB 767 (Senate Budget And Fiscal Review Committee) Budget Act

Amends the State Budget Act to include:

1. Augments Item 3680-101-0516 of the 1999 State Budget Act by $120,000 for a launching facility grant for the Lake Isabella patrol boat dock and covering in Kern County.
2. Augments Item 8100-101-001 of the 1999 State Budget Act by $120,000 for the Gangbusters Program in the City of Oceanside.

Chapter 1003, Statutes of 1999

SB 965 (Leslie-R) School volunteers

Permits a public or private school district to request that the State Department of Justice provide information to the district regarding any arrest of a volunteer that occurs after the initial background check.

Chapter 476, Statutes of 1999

SB 978 (Solis-D) Police departments: gang and pregnancy prevention

Requires every local police department in this state to establish within the department a unit or division comprised of officers who are specially trained to work with at-risk youth and in gang and pregnancy prevention.

(In Senate Public Safety Committee)

SB 1019* (Vasconcellos-D) Custodial officers: eligible counties

Adds Santa Clara County to those counties with a population of 425,000 or less which, by virtue of population, are eligible to utilize "enhanced power" custodial officers.

Chapter 635, Statutes of 1999

SB 1163 (Ortiz-D) Police security officers

Creates the authority for police chiefs to employ police security officers, as specified. Currently, this authority only rests with sheriffs.

Requires the officer to receive training with a baton "prior to assignment," rather than "within 90 days of being assigned," as in present law.

Specifies that training will be the same as required in Section 832 training requirements; 64 hours of basic peace officer instruction; 40 hours of classroom "arrest and tactics" training and 24 hours of firearm training.

Chapter 112, Statutes of 1999

SB 1199 (Costa-D) Child abuse: notification of parole releases

Requires the State Board of Prison Terms and the State Department of Corrections to notify local law enforcement and child protective services in a community where a parolee was convicted and where the parolee is to be released, when the parolee was convicted of a violation of Section 273a, 273b or 273d, or any other sex offense against a minor.

Chapter 957, Statutes of 1999

SB 1261 (Hayden-D) Child protective services: reports

Establishes, within the Attorney General's Office, the Commission on Drug Policy and Violence to assess the level and types of violence incurred under the present state and national drug policies.

(In Assembly Appropriations Committee)

SCA 10 (Perata-D) Public safety services

Prohibits a local government, or any related entity or instrumentality, from entering into a contract, franchise agreement, or other arrangement for essential public safety services with any person, firm, partnership, corporation, or other business entity, to provide services that are ordinarily performed by a peace officer or firefighter.

Allows a local government, or any of its entities or instrumentality's, to enter into a contract, franchise agreement, or other arrangement with any person, firm, partnership, corporation, or other business entity for essential public safety services, on a temporary emergency basis, that cannot be rendered at the time by an existing agency of the public entity, or if the services are ancillary to an essential public safety service.

(In Senate Public Safety Committee)

SCR 9 (Baca-D) Red Ribbon Week

Supports the Red Ribbon Week celebration by proclaiming the week of October 23 through October 31, 1999, as Red Ribbon Week, and encourages Californians to help build drug-free communities and participate in drug prevention activities.

Resolution Chapter 84, Statutes of 1999

SR 19 (Baca-D) Reducing the use of financing by criminals

Supports programs such as Project Exile which remove armed drug dealers and criminals from the streets and supports the adoption of this program nationwide. States that these programs not be applied to any offense that would be punished solely by a fine under state law.

Adopted by the Senate

AB 30 (Pescetti-R) Local government: peace officers: funding

Appropriates $100 million annually to the Office of Criminal Justice Planning for allocation, via specified procedures, to local governments to continue funding salaries and benefits of peace officers funded under a federal Office of Community Oriented Policing Services grant that may expire in 2000.

(In Assembly Appropriations Committee)

AB 45 (Lempert-D) Reporting of crimes

Requires, except as specified, any person who observes the commission of, or an attempt to commit, a specified offense, to notify a law enforcement officer, or a person authorized to provide security services at the location where the offense occurs, as soon as reasonably possible. Provides that the offenses that would give rise to the duty to report under the bill are murder, manslaughter, rape, sexual assault, or any assault that appears reasonably likely to cause serious bodily harm. Failure to report as required will be punishable as a felony.

(In Assembly Public Safety Committee)

AB 89 (Cedillo-D) Investigations: Los Angeles Department of Transportation

Authorizes transportation investigators employed by the State Department of Transportation for the City of Los Angeles to exercise peace officer powers or arrest.

Chapter 331, Statutes of 1999

AB 115 (Maddox-R) Local law enforcement funding

Deletes the January 1, 2001 sunset date on the state's Citizens' Option for Public Safety program, which provides supplemental funding for local law enforcement.

(In Assembly Appropriations Committee)

AB 151 (Longville-D) Public records: confidentiality: Dept. of Justice study

Requires the State Department of Justice (DOJ) to study:

1. Methods to protect the safety and confidentiality of peace officers and other public officials and employees by developing strategies to restrict access to public records relating to the sales and purchases of real property, personal property, and other financial transactions.
2. Existing confidentiality laws contained in Section 1808.21 of the Vehicle Code.

Requires DOJ to prepare and submit a report to the Legislature on their findings not later than January 1, 2001.

Vetoed by the Governor

AB 165* (Knox-D) Local law enforcement: funding

Eliminates the January 1, 2001 sunset on the Citizens' Option for Public Safety Program, states legislative intent that the program be funded with $100 million annually, and makes related changes.

(In Senate Appropriations Committee)

AB 221 (Wildman-D) Laser pointers

Extends the misdemeanor of aiming or pointing a laser scope at another person in a threatening manner to the use of laser pointers.

Imposes a maximum penalty of six months in jail for the threatening use of a laser pointer or laser scope when the victim is a police officer.

Chapter 438, Statutes of 1999

AB 224 (Knox-D) Workers' compensation: peace officers

Extends leave-of-absence in lieu of temporary disability benefits for injured peace officers to Los Angeles County public safety officers.

Chapter 270, Statutes of 1999

AB 234 (Lowenthal-D) Criminal history information

Authorizes law enforcement to give criminal history information from California Law Enforcement Telecommunications System (CLETS) to city, county, or other local public agencies that administer Section 8 housing to be used for screening prospective participants.

Chapter 31, Statutes of 1999

AB 243 (Wildman-D) Bail fugitive recovery: "Bounty Hunters"

Establishes a "Bail Fugitive Recovery Persons Act" regulating bounty hunters and bail licensees, as specified.

Chapter 426, Statutes of 1999

AB 298 (Battin-R) Confidential Department of Motor Vehicle records

Adds district attorney's staff and the spouse and children of those persons to the list of persons in existing law protected from specified information disclosure by the State Department of Motor Vehicles.

(In Assembly Transportation Committee)

AB 341 (Cox-R) Private security personnel: background criminal checks

Expands background criminal check requirements for private security-related personnel who are regulated by the Bureau of Security and Investigative Services.

Chapter 318, Statutes of 1999

AB 397 (Florez-D) Crime prevention: rural crimes

Authorizes each of the Counties of Fresno, Kern, Madera, Merced, and Tulare to develop the San Joaquin Valley Rural Crime Prevention Program, to be administered in each county pursuant to a joint powers agreement between the district attorney's office and the sheriff's office for the respective counties. Requires the parties to each joint powers agreement to form a task force to develop a reporting system for rural crimes that would enable swift recovery of stolen goods and the apprehension of criminal suspects. Requires the task force to develop a computer software program to implement the reporting system. Requires that the funds for the program be distributed equally to each designated county, and that the funding for the program be distributed according to specified percentages to the sheriff, district attorney, and agricultural commissioner.

Requires all state and local law enforcement agencies to document whether a particular crime is a rural crime as defined, and to specify the estimated value of any property damage.

(In Assembly Public Safety Committee)

AB 403 (Romero-D) Law enforcement: gun shows

Appropriates $200,000 from the General Fund to the State Department of Justice for training of local law enforcement of firearms laws at gun shows.

Chapter 1022, Statutes of 1999

AB 437 (Wesson-D) Tobacco: sale to minors

Continuously appropriates $2 million in each fiscal year from the General Fund to the State Department of Health Services for the Stop Tobacco Access to Kids Enforcement Program.

Vetoed by the Governor

AB 447 (Washington-D) Peace office training: elder abuse

Requires civil penalties collected by the State Department of Health Services for nursing facilities violations to be deposited in the Peace Officers' Training Fund.

Provides that the funds be used for the following purposes:

1. To fund continuing education programs for law enforcement relating to elder abuse.
2. To fund a separate unit within the police or sheriff's department to handle elder abuse cases and to sponsor elder abuse prevention programs.

(In Assembly Aging and Long Term Care Committee)

AB 468 (Baugh-R) Bail agents: information about bailees

Extends the current bail disclosure law, which allows bail agents to obtain identifying information about a fugitive client of the agent after a court issues a bench warrant for the client's arrest, to cases where the court orders bail to be forfeited without issuance of a warrant.

Chapter 33, Statutes of 1999

AB 512 (Maddox-R) State Department of Motor Vehicles: access to records

Allows licensed investigators, licensed process servers, and persons exempt from registering as a process server to have access to confidential State Department of Motor Vehicles residence address records, as specified.

Vetoed by the Governor

AB 571 (Rod Pacheco-R) Assault on a peace officer or firefighter

Authorizes a court to impose up to three full consecutive sentences for each violation involving assault with a deadly weapon, with force likely to result in great bodily injury on an on-duty peace officer or firefighter, when the offender should have known the victim was an on-duty peace officer or firefighter.

(In Assembly Appropriations Committee)

AB 589 (Margett-R) Murder: special circumstances

Expands the "special circumstances" list allowing imposition of the death penalty to include the murder of peace officers employed by a state hospital under the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services.

(In Assembly Appropriations Committee)

AB 620 (Briggs-R) Rural Crime Prevention Project

Extends the Tulare Rural Crime Prevention Demonstration Project until 2003 to investigate and prosecute agricultural crimes.

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

AB 711 (Dickerson-R) Peace Officers' Training Fund

Requires that state aid from the Peace Officers' Training Fund be provided for legislatively mandated Continuing Professional Training expenses for level I and II reserve peace officers of eligible agencies from cities, counties, or districts,

(In Assembly Public Safety Committee)

AB 767 (Rod Pacheco-R) Protection of public officials

Increases the penalty for kidnapping elected officials, specified criminal justice officials, peace officers or family members, in retaliation for the performance of official duties, from three, five, or eight years that currently applies to all kidnap victims who are not injured or held for ransom, to four, seven or ten years.

(In Senate Public Safety Committee)

AB 792 (Rod Pacheco-R) District attorneys: relocation expenses

Provides district attorneys, assistant district attorneys, deputy district attorneys, public defenders, assistant public defenders, and deputy public defenders with relocation expenses when a credible threat against the attorney and his or her family has been received.

Vetoed by the Governor

AB 799 (Keeley-D) County peace officers: retirement: Monterey County

Authorizes Monterey County, until December 31, 2001, to provide enhanced pension Public Employees' Retirement System benefits to specified sworn personnel in the sheriff's and district attorney's offices that are different from the Public Employees' Retirement System benefits provided to other county peace officers in Monterey County.

Chapter 259, Statutes of 1999

AB 832 (Keeley-D) Violence prevention

Establishes the Preventing Crime Through Graduation Incentives Pilot Project, subject to funds being appropriated for that purpose, to be administered by the State Department of Education, whereby six nonprofit organizations will be awarded grants and incentive payments to operate projects as secondary schools. Specifies that the pilot projects are to include 250 hours of each of the following to each participating randomly selected pupil each year: basic skills education, cultural enrichment and personal development activities; and volunteer community service opportunities.

(In Senate Appropriations Committee)

AB 900* (Alquist-D) Peace officers: Board of Dental Examiners

Increases the number of peace officers assigned to the investigations unit of the Board of Dental Examiners from seven to ten. Authorizes the director to designate as peace officers an additional seven persons until July 1, 2002. Appropriates $100,000 from the State Dentistry Fund to the Dental Board of California to contract with an outside entity to conduct an independent study. Requires the study to include the board's needs for sworn peace officers in its investigations unit and is due to the Legislature by January 1, 2001.

Chapter 840, Statutes of 1999

AB 913 (Pescetti-R) Criminal records

Requires an employer to request from the State Department of Justice records of all convictions or any arrest pending adjudication of any person who applies for employment in which he or she would provide in-home educational or counseling services to any minor.

(In Assembly Public Safety Committee)

AB 1113* (Florez-D) School safety: Budget Trailer Bill

Establishes the School Safety and Violence Prevention Act, for which $100 million has been appropriated in the 1999 Budget Act.

Chapter 51, Statutes of 1999

AB 1286 (Strickland-R) Attorneys: duties

Requires a lawyer to reveal to a law enforcement agency information regarding the location of a person missing against his or her will, and to reveal the identity of the person who has that information.

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

AB 1303 (Florez-D) Farm labor contractors

Appropriates $500,000 from the General Fund to the State Department of Industrial Relations to fund specified disciplinary actions against farm labor contractors. Requires the Labor Commission to implement an undercover "sting" operation to identify certain improper practices by farm labor contractors.

(In Senate Public Safety Committee)

AB 1326 (Baugh-R) Peace officer training: interrogations

Requires that law enforcement officers not be trained that it is permissible to continue questioning a suspect who is in custody once that suspect has unequivocally invoked his or her right to remain silent or to have an attorney present, except to question for the limited purpose of obtaining nonincriminating booking information or to protect the public safety.

(In Assembly Public Safety Committee)

AB 1334 (Lowenthal-D) Commission on Peace Officer Standards and Training

Increases the membership of the Commission on Peace Officer Standards and Training from 13 to 14 by increasing the number of members who are peace officers with the rank of sergeant or below from three to four.

Chapter 702, Statutes of 1999

AB 1336 (Washington-D) Peace officers: housing authority police departments

Provides that the housing authority police of the City of Los Angeles and the City of Oakland adopt the minimum standards relating to physical, mental, and moral fitness as set forth by the Commission on Peace Officer Standards and Training, and for the housing authority police of the City of Los Angeles and the City of Oakland to be entitled to receive funding from the Peace Officers' Training Fund.

Chapter 301, Statutes of 1999

AB 1345 (Nakano-D) Attorney General: antitrust account

Increases the maximum amount which may be held in the Attorney General antitrust account in the General Fund from $3 million to $6 million. Eliminates the requirement that appropriations from the special fund may only come through the annual Budget Bill.

Vetoed by the Governor

AB 1366* (Machado-D) School violence: task force

Establishes a School Violence Prevention and Response Task Force to evaluate school-based crisis prevention and response programs.

(In Senate Education Committee)

AB 1387 (Florez-D) Public employee disability benefits

Extends the leave-of-absence in lieu of temporary disability benefits for injured public safety employees to injured probation safety employees.

Chapter 970, Statutes of 1999

AB 1391 (Hertzberg-D) Forensic laboratories

Creates the "Hertzberg-Polanco Crime Laboratories Construction Bond Act of 1999," which authorizes the construction and remodeling of forensic laboratories.

Chapter 727, Statutes of 1999

AB 1483 (Granlund-R) Peace officers: employee organizations

Allows welfare fraud investigators and inspectors in San Bernardino County to be represented by a group composed entirely of other peace officers.

Chapter 157, Statutes of 1999

AB 1494* (Wildman-D) Peace officers

Provides guidelines for designated peace officers to change their peace officer designation. Requires Peace Officer Standards and Training to issue a study and recommendations to the Los Angeles Unified School District Police Department relative to changing peace officers designations.

(On Senate Inactive File)

AB 1499 (Lowenthal-D) Elder and dependent abuse reporting

Requires each long-term health care facility and community care facility, as defined, or any other nonmedical out-of-home care facility that provides care to adults, to provide training to recognize and report elder and dependent adult abuse.

Chapter 414, Statutes of 1999

AB 1502 (Washington-D) Confidential funds: peace officers

Authorizes the State Department of Corrections (DOC) to withdraw up to $10,000 for confidential use each year, as specified. Recasts the definition and authority of the existing DOC Law Enforcement Unit peace officers.

Chapter 917, Statutes of 1999

AB 1567 (Granlund-R) Law enforcement: transit corporations

1. Authorizes an officer or employee of a contractor providing security services to a nonprofit transit corporation wholly owned by a local agency to make warrantless arrests.
2. Requires the officer or employee to satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training.

(Failed passage in Assembly Public Safety Committee)

AB 1568 (Granlund-R) Crime prevention: law enforcement information system

Expands the Automated Regional Justice Information system beyond San Diego County to other southern California counties, not limited to Riverside, San Bernardino, Orange and Los Angeles, to provide access to a web-based integrated law enforcement information and analysis system, and creates a regional advisory board to develop protocols and priorities.

(In Assembly Appropriations Committee)

AB 1586 (Florez-D) Public safety officers: Procedural Bill of Rights

Specifically authorizes a peace officer to prohibit a public agency from posting his or her photograph on the Internet, as specified, and enacts civil penalties for violations.

Chapter 338, Statutes of 1999

AB 1662* (Leonard-R) Booking fees: annual appropriation

Provides, relative to 1999-2000, $50 million (starting estimate, subject to adjustments) for allocation to cities for reimbursement for costs of booking and processing fees incurred during the 1997-98 fiscal year.

Chapter 79, Statutes of 1999 -- Item Vetoed

ACR 4 (Machado-D) Neighborhood Watch Month

Designates the month of August 1999 as Neighborhood Watch Month.

Resolution Chapter 68, Statutes of 1999

ACR 43 (Havice-D) Law Enforcement Appreciation Week

Proclaims May 9 through May 13, 1999, 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.

(In Senate Rules Committee)

ACR 44 (Havice-D) California Peace Officers' Memorial Day

Honors California peace officers and commemorates Friday, May 7, 1999, as California Peace Officers' Memorial Day.

(In Assembly Rules Committee)

Family Law

SB 75 (Murray-D) Domestic partnerships

Enacts the Domestic Partnership Act of 1999. Defines who "domestic partners" are, provides for the registration and termination of domestic partnerships, and specifies some rights that would be accorded to domestic partners, such as patient visitation in a health facility and participation in conservatorship proceedings as the domestic partner of the conservatee.

Preempts any local ordinance or law authorizing the creation of a domestic partnership, as specified, on or after July 1, 2000, except that ordinances or laws which add to the rights of domestic partners established under this bill would be retained.

Establishes that any domestic partnership entered into outside of this state, which would be valid by the laws of the jurisdiction under which the domestic partnership was created, shall be valid in this State.

Makes changes to the current statutory will form to provide for the selection of domestic partners as beneficiaries of the will.

Vetoed by the Governor

SB 240 (Speier-D) Child support enforcement

Makes numerous changes to the state child support enforcement program. Among other things:

1. Mandates that any board regulating a professional license, the State Bar, and the State Department of Real Estate, require every licensee, at the time of issuance or renewal of a license, to provide the social security number of each individual listed on the license and any person who qualifies the license. Licenses subject to revocation, suspension, or denial of a renewal application for nonpayment of child support, include licenses issued to an entity if the delinquent obligor is listed on the license or the individual who qualifies the license.
2. Provides that if the results of a genetic test are consistent with the requirement to establish a rebuttable presumption of paternity (i.e., the test reflects a paternity index of 100 or greater) a voluntary declaration of paternity form and instructional information on the declaration be mailed to all parties.
3. Authorizes publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools among the entities to offer parents the opportunity to sign a voluntary declaration of paternity.
4. Permits the Attorney General (AG) to declare foreign jurisdictions to be reciprocating states under the Uniform Interstate Family Support Act for purposes of establishing and enforcing support obligations if the AG is satisfied that reciprocal provisions will be made by the foreign jurisdictions.
5. Clarifies, consistent with the provisions of Family Law Information Centers, that the family law facilitator does not represent any party, that no attorney-client relationship is created between a party and the family law facilitator, and that the family law facilitator is under an obligation to maintain the confidentiality of information provided during the provisions of services.
6. Authorizes the family law facilitator to provide services concerning the issues of child custody and visitation, as they relate to calculating child support, if funding is provided for that purpose.
7. Expands the California Parent Locator Services to include information obtained from provider of electronic digital pager communication or a provider of cellular telephone services.
8. Appropriates $705,000 from the General Fund to the State Department of Social Services for funding the family law facilitator program.
9. Requires the IV-D agency to periodically compare information collected by the State Department of Employment Development to records of delinquent child support obligors for the purpose of identifying cases where the obligor is employed but there is no earnings withholding order in effect.
10. Requires all local child support agencies to interview the custodial parent within 10 business days of opening a child support case, and to re-interview the parent on an as needed basis.
11. Makes changes to various statutes related to professional licenses.

Chapter 652, Statutes of 1999

SB 347 (Alpert-D) California Commission on Children, Youth, and Families

Establishes the California Commission on Children, Youth, and Families to evaluate public policy, programs, and services related to children, youth, and families and provide recommendations to the Governor, Legislature, and other state agencies.

(In Assembly Appropriations Committee)

SB 357 (Ortiz-D) Dissolution of marriage: attorneys' fees

Allows a party to a dissolution to use or encumber that party's separate property or quasi-community property to hire an attorney in a dissolution proceeding, and requires the party to account for that use.

Chapter 118, Statutes of 1999

SB 433 (Johnson-R) Child custody

Requires all child custody evaluators, whether court connected or private, to (1) complete the domestic violence training prescribed for court-connected child custody evaluators, (2) conduct evaluations under the uniform standards of practice prescribed by the California Rules of Court, and (3) undertake continuing training in domestic violence issues.

Chapter 932, Statutes of 1999

SB 442 (Alarcon-D) Capacity to marry: post-death nullity of marriage

Creates a rebuttable presumption affecting the burden of proof that, in cases where a marriage is annulled on the grounds of unsound mind, fraud, or force, any property transfers by the injured spouse to or for the benefit of the other spouse are invalid on the same grounds. Provides that the presumption would be applicable even if the other spouse has transferred the property to a third party, except when the third party meets specified criteria. Authorizes annulment proceedings to be commenced on those grounds after the death of the injured party by the personal representative of the estate, in specified circumstances, and declares that commencement of those proceedings, by a conservator or by the personal representative of the estate of a deceased party, shall not be deemed to violate a no contest clause in a will, except in a specified circumstance.

Authorizes the court to confirm whether a conservatee who was married before or after the appointment of the conservator had the capacity to marry and declares that the court's determination shall be conclusive in any subsequent annulment proceedings.

(In Senate Judiciary Committee)

SB 443 (Alarcon-D) Children: custody and visitation

Requires the court, when making an order for custody or visitation in a case alleging domestic violence where an emergency protective order, protective order, or other restraining order has been issued, to order that the transfer of the child take place in a manner that prevents the parents from having direct contact with each other at the time of the transfer.

(In Senate Judiciary Committee)

SB 445 (Monteith-R) Children's services

Permits monies that exceed the cost of administering local child support services to be used by the district attorney for children-related services, including child abuse and child molestation services and the prosecution of child abuse and molestation cases.

(In Senate Judiciary Committee)

SB 518 (Schiff-D) Dependent children

Reduces from 30 days to seven calendar days the length of the automatic stay on a judgment or order of the juvenile court for the out-of-state placement of a dependent child. Authorizes the juvenile court to grant subsequent stays if it deems necessary. Also clarifies that the automatic stay of a judgment or order of any other trial court in a custody or visitation proceeding which allows, or eliminates restrictions against, removal of a child from the State is 30 calendar days.

Provides that the purpose of the provisions of juvenile dependency law ensuring the confidentiality of proceedings and records is to protect the privacy rights of the dependent child.

Chapter 346, Statutes of 1999

SB 542 (Burton-D) Child support enforcement

Enacts necessary clean-up to AB 196 (Kuehl), which reforms California's failing child support enforcement program.

Chapter 480, Statutes of 1999

Related to AB 196 (Kuehl), Chapter 478, Statutes of 1999.

SB 588 (Rainey-R) Support obligations to CalWORKs recipients

Makes changes to the child support enforcement program for both cases where the family is receiving public assistance and cases where the family is not receiving aid.

(Failed passage in Senate Health and Human Services Committee)

SB 668 (Sher-D) Uniform Child Custody Jurisdiction and Enforcement Act

Repeals the Uniform Child Custody Jurisdiction Act and enacts the Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act conforms current California law (the Uniform Child Custody Jurisdiction Act) to key provisions of the federal Parental Kidnapping Prevention Act. The new Uniform Child Custody Jurisdiction and Enforcement Act gives priority jurisdiction to courts in a child's home state and limits child custody jurisdiction to one state until all parties have exited the initial state in which jurisdiction is established. Provides for enforcement of child custody orders in interstate disputes.

Chapter 867, Statutes of 1999

SB 792 (Ortiz-D) Child custody: reports of child abuse

Protects a parent's right to child custody or visitation from being prejudiced by the parent's making an allegation of child sexual abuse, but gives the court authority to limit the parent's custody or visitation for maliciously and intentionally making a false report of child sexual abuse.

Chapter 985, Statutes of 1999

SB 874 (Escutia-D) Family Law Information Centers

Extends, by one year, until January 1, 2002, the family law information centers' pilot project courts for the purpose of providing information to unrepresented low-income family law litigants.

Chapter 886, Statutes of 1999

SB 962 (Escutia-D) Child support reform

Requires the State Department of Social Services to conduct a survey study of child support program obligors.

(In Assembly Human Services Committee)

SB 1139 (Morrow-R) Family law court files

Provides that court files relating to proceedings for dissolution and nullity of marriage, legal separation, and actions under the Uniform Percentage Act are confidential and may be inspected only by specified individuals.

(In Senate Judiciary Committee)

SB 1173 (Vasconcellos-D) De facto parents: 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. Visitation under this bill would not create a right to custody or be a basis for a change of residence of the child. Requires the Judicial Council to monitor the implementation of the bill and to report to the Legislature on January 1, 2002, and January 1, 2004, on its effects.

(Failed passage in Senate Appropriations Committee; reconsideration granted)

SB 1226 (Johannessen-R) Dependent children: status review hearings

Requires the status review hearing (for determining whether a dependent child should be returned to the custody of the child's parent or legal guardian) to occur at six months after the initial dispositional hearing. Specifies that the failure of the parent or guardian to participate regularly and make substantive progress in every component of the court-ordered treatment program would be prima facie evidence that return of the child to the parent's custody would be detrimental to the child.

Chapter 399, Statutes of 1999

SB 1270 (Senate Health And Human Services Committee) Interstate Adoption Assistance Agreements

Implements provisions of the Adoptions and Safe Families Act and authorizes the State Department Health Services and the State Department of Social Services to negotiate an Interstate Adoptions Assistance Agreement for the provision of adoptions assistance and medical benefits to interstate state-only adoptions.

Chapter 887, Statutes of 1999

SCR 50 (Monteith-R) Eat Dinner with Your Family Day

Proclaims October 4, 1999, as Eat Dinner with Your Family Day.

(In Senate Rules Committee)

SR 13 (Leslie-R) Media violence and the Columbine High School tragedy

Urges California parents to take an active role managing their families' media consumption, including eliminating the purchase of violent videos and computer games, screening for violent television and movie content, and talking with their children about what they see and hear in the media.

Calls upon California's film and entertainment industry to accept its share of society's collective responsibility to protect and enhance the mental and physical well-being of California's children by voluntarily reducing the nature and the amount of violence in films, television programs, music, and video games.

Adopted by the Senate

AB 26 (Migden-D) Domestic partnerships

Defines a domestic partnership and provides for its registration and termination in the State. Specifies the legal effect of a domestic partnership establishes the validity of domestic partnerships entered into outside of the State, and establishes the right of a domestic partner and his or her child and the domestic partner of a patient's parent to make hospital visits to a patient.

Requires group health plans and group disability insurers to offer employers and contracting agencies coverage for domestic partners of employees, in the same manner as other dependents.

Requires that if an employer elects coverage of domestic partners by a group health plan or a group disability insurer, the health plan or disability insurer that provides hospital, medical or surgical expense benefits for employees also enroll domestic partners in the same manner as other dependents.

Chapter 588, Statutes of 1999

AB 65* (Ducheny-D) Dependent children: Indian Child Welfare Act jurisdiction

Makes legislative findings and declarations regarding children who are members of, or who are eligible for membership in, an Indian tribe.

Requires the court, in Indian child custody proceedings related to parental rights termination and guardianships, to consider those legislative findings and declarations, comply with the federal Indian Child Welfare Act and seek to protect the best interest of the child.

Declares that an Indian tribe's determination that someone who is under 18 years and unmarried, is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe, constitutes a significant political affiliation that would require application of the Indian Child Welfare Act.

Provides that a state or local agency that has removed an Indian child from parental custody must transfer custody proceedings to the Indian tribe within 24 hours of written notice from the tribe that the child is an Indian child and is a resident or is domiciled within an Indian reservation.

Chapter 275, Statutes of 1999

AB 150* (Aroner-D) California Child Support Automation System

Establishes the Child Support Automation System. Appropriates $6 million to the State Franchise Tax Board for implementation and administration costs, and $95.5 million to the State Department of Social Services for state payment of federal penalties.

Chapter 479, Statutes of 1999

AB 196 (Kuehl-D) Child support enforcement

Restructures the State's child support enforcement program to significantly increase accountability and responsibility for the program and maximize collection and delivery of child support to the children and families to whom it is owed.

Chapter 478, Statutes of 1999

AB 250 (Wright-D) Child support: CalWORKs

Allows the family to keep the first $75 of support from CalWORKs, rather than the $50 limit.

(In Senate Appropriations Committee)

AB 320 (Kaloogian-R) Dependent children: medical background

Requires the court to enter an order, at detention hearing to determine if the child should be further retained, to direct counsel for a parent appearing at the hearing, or the parent if unrepresented, to file with the court, prior to the hearing on the petition, specified medical background information with respect to the child's parents, as specified.

(In Assembly Judiciary Committee)

AB 370 (Wright-D) Child support enforcement

Seeks to improve the responsiveness of the State's child support enforcement program to support obligors by (1) amending the procedures of the State License Match System to require any board, commission, department, committee, examiner, and agency that has suspended or revoked a license on the basis of a support delinquency to remove any hold or suspension on the license within five business days of receiving a release from the office of the district attorney enforcing the support obligation, and (2) requiring any notice of support delinquency issued by a state or local agency to an obligor to include the date upon which the amount of the delinquency was calculated, and a statement regarding the obligor's right to an administrative determination of arrears. Double-joined with SB 542 (Burton), SB 240 (Speier), and AB 196 (Kuehl).

Chapter 654, Statutes of 1999

AB 380 (Wright-D) Support orders

Makes numerous substantive and procedural changes to child support enforcement and other statutes to address concerns expressed by support obligors, including (1) limiting the retroactivity of support orders, (2) extending the application of the hardship deduction, (3) allowing support orders to be set aside based on fraud, perjury, lack of notice, or misidentification, and (4) providing alternatives to incarceration for failing to pay a support order.

Chapter 653, Statutes of 1999

AB 390 (Scott-D) Adoption assistance

Eliminates consideration of the family's income in relation to the statewide medical income in the negotiations to establish the payment level under the Adoption Assistance Program. Limits recovery of overpayments of adoption assistance payments to cases where the parents are no longer legally responsible for the child or the child is no longer receiving support from the adoptive family.

Chapter 547, Statutes of 1999

AB 391 (Jackson-D) Spousal support: factors to consider by the court

Exempts marriages of long duration (10 years or more, under Family Code Section 4336) from the marriages for which a "reasonable length of time" to attain the goal of becoming self-supporting is defined as one-half the length of the marriage.

Eliminates the statutorily required Gavron warning, an admonition given by a court ordering spousal support or reserving jurisdiction over the issue of supporting. Double-joined with AB 808 (Strom-Martin), Chapter 284, Statutes of 1999.

Chapter 846, Statutes of 1999

AB 443 (Mazzoni-D) Child care: family support

Establishes a grant program in which providers of state-subsidized child care would provide a variety of parent education and support services.

(In Senate Appropriations Committee)

AB 472 (Aroner-D) Public assistance: child support services

Provides custodial and noncustodial parents with the right to a state fair hearing under the existing State Department of Social Services hearing process to address disputes concerning child support collections, procedures and services.

Chapter 803, Statutes of 1999

AB 673 (Honda-D) Child visitation and exchange program

Repeals the Friend of Court Act, passed in 1996, which expressed legislative intent to create in each superior court an Office of the Friend of the Court, contingent upon federal funding thereof.

Authorizes a superior court, subject to availability of federal funding, to establish a program for supervised visitation and exchange services, parenting skills and responsibilities education, and group counseling for children. Allows the court to contract with eligible service providers, as defined for these services.

Requires the California Judicial Council to submit an application to the federal government for a grant to fund child custody and visitation programs created pursuant to the provisions of this bill and to administer those funds.

Provides that grants to applicant superior courts would be based on specified criteria. Requires the Judicial Council to submit to the Legislature a report, on March 1, 2002, and every year thereafter, on the programs funded and to what extent the programs are achieving stated goals of the programs, which ultimately would ensure the health, safety, and welfare of children.

Chapter 1004, Statutes of 1999

AB 780 (Calderon-D) Child support: public remuneration and employee registry

Beginning January 1, 2001, requires public entities and universities that contract with, make a loan or award a grant to, an individual to report specified information to the New Employee Registry for the purposes of child, family, or spousal support enforcement, and states related legislative intent.

(In Senate Appropriations Committee)

AB 785 (Vincent-D) Child support: pilot project

Establishes a pilot project, until January 1, 2003, to facilitate the establishment and enforcement of support for individuals who are on probation.

(In Assembly Judiciary Committee)

AB 804 (Keeley-D) Dependent children: educational neglect

Expands the types of behaviors constituting abuse and neglect which may bring a child under the jurisdiction of the juvenile dependency court.

(In Assembly Human Services Committee)

AB 808 (Strom-Martin-D) Spousal support: factors to consider

Requires the court, when considering the age and health of a spouse for purposes of making an order of permanent spousal support, to include consideration of emotional distress resulting from domestic violence.

Chapter 284, Statutes of 1999

AB 840 (Kuehl-D) Presumption against domestic violence perpetrator

Creates a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has been found in a court proceeding to have perpetrated domestic violence would be detrimental to the best interest of the child.

Provides that in cases where both parents are perpetrators of domestic violence, the above presumption is not applicable.

Chapter 445, Statutes of 1999

AB 889 (Jackson-D) Marriage: fact sheet about rights and obligations regarding

Requires the Judicial Council to develop, post on its website and distribute a marriage fact sheet containing specified information regarding marital rights and obligations, and to distribute a camera-ready copy of the fact sheet to each county clerk. Specifies that the fact sheet is to be updated annually and is to be available in English, Spanish, and any other foreign language deemed appropriate by the Judicial Council.

Requires the county clerk to provide a copy of the fact sheet when a marriage license is issued, as well as a confidential marriage certificate.

Vetoed by the Governor

AB 1225* (Ashburn-R) Adoption Assistance Program

Increases, effective July 1, 1999, the maximum reimbursement of an adoption agency fee from $3,500 to $5,000 for the placement of an Adoption Assistance Program eligible child, and makes procedural changes for licensed adoption agencies, including the State Department of Social Services.

Chapter 905, Statutes of 1999

AB 1614 (Wright-D) Child support

Makes various changes to the law on the establishment and enforcement of child support orders.

(In Senate Judiciary Committee)

AB 1671 (Assembly Judiciary Committee) Family law: child custody and support

Makes numerous changes to the provisions of law regarding child support and custody orders to comply with federal law, correct inaccurate code references, provide consistency within the law, and make other technical amendments that were requested of the Assembly Judiciary Committee. Double-joined with SB 542 (Burton), AB 380 (Wright), and AB 196 (Kuehl). (See this section.)

Chapter 980, Statutes of 1999

ACA 21 (House-R) Families

Provides that every parent has a fundamental right to control the care and custody of his or her minor children, as specified, and prohibits state action that may abridge or hinder this fundamental right absent a showing that the State's action is the least restrictive means of furthering a compelling state interest. Provides that it does not apply to any dispute between parents with respect to issues affecting their children or to such a dispute between a parent and his or her child's legal custodian, and that its provisions are severable.

(In Assembly Judiciary Committee)

ACR 26 (Wayne-D) California SAFE KIDS Week

Declares the week of May 1 through May 8, 1999, as California SAFE KIDS Week in support of the activities of the National SAFE KIDS Campaign during National SAFE KIDS Week.

Resolution Chapter 27, Statutes of 1999

ACR 34 (Cedillo-D) Children: El Dia de los Ninos

Recognizes April 30, 1999, as El Dia de los Ninos, and encourages all Californians to take the opportunity to celebrate children.

Resolution Chapter 18, Statutes of 1999

Similar legislation is ACR 28 (Honda-D), ACR 37 (Gallegos-D) and ACR 45 (Soto) which are in Assembly Rules Committee.

ACR 39 (Wayne-D) Military Families Recognition Day

Designates Saturday, November 20, 1999, as Military Families Recognition Day.

Resolution Chapter 41, Statutes of 1999

ACR 76 (Campbell-R) California Family Month

Designates November 1999 as California Family Month.

Resolution Chapter 106, Statutes of 1999

Civil Law

SB 38 (Baca-D) Religious Freedom Protection Act

Provides that the adoption or application of a land use law that has the effect of prohibiting or restricting the time, place, or manner of operation of a religious assembly or institution must meet specified criteria.

(In Senate Judiciary Committee)

SB 45 (Sher-D) Commercial law: secured transactions

Restructures, as of July 1, 2001, the current system for the filing of financing statements relating to commercial transactions which include a security interest in personal property, fixtures and chattel paper. Lists the requirements for filing financing statements, adds a correction statement as a new document which may be filed, sets a new standard for handling termination statements, revises the filing fee and sets a statewide standard for rejecting documents.

Appropriates $128,000 from the Secretary of State's Business Fees Fund to implement the bill.

Chapter 991, Statutes of 1999

SB 48 (Sher-D) Public records: disclosure

Creates a procedure for appealing a denial by a public agency of a written request for disclosure of information to the Attorney General (AG) (in addition to a court suit, available under current law), and sets up the timelines for the AG to respond and for further appeal to the court. Establishes penalties of up to $100 per day, with a cap of $10,000, for the public agency's refusal to provide access to the information after the AG has opined or the court has ruled that information should have been disclosed and the plaintiff's right to inspect or copy a record was wrongfully denied. Provides that the A's opinions would be available to the public (even on the Internet) and published annually in a special volume of AG Opinions.

Provides immunity to the AG from suit or discovery based on its actions on this request for review.

Vetoed by the Governor

SB 71 (Murray-D) Personal information: unlawful use

Declares that no person other than a law enforcement agency or government agency acting in manner required or authorized by existing law, may collect a biometric identifier without the consent of the individual. Provides that for those persons (businesses) who do obtain consent, the person's collection or use of a biometric identifier may only be used to verify the identify of the party, and may not be used to discriminate against any individual or community. Provides that no person would be able to provide biometric identifiers to third parties unless the date 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 posed, or the advance consent of the individual was obtained.

Provides for remedies for the willful violation of the provisions of this bill

(In Assembly Judiciary Committee)

SB 129 (Peace-D) Privacy: personal information

Creates the Office of Privacy Ombudsman within the Office of the Secretary of State.

(In Conference Committee)

SB 167 (Hayden-D) Public nuisance

Grants to a district attorney, a city attorney, or the Attorney General, in a single provision of the Penal Code, the authority to bring a civil action against an alleged criminal street gang or its members to abate a public nuisance.

(In Senate Public Safety Committee)

SB 209 (Burton-D) Deceased celebrities: commercial use of image

Enacts the Astaire Celebrity Image Protection Act to provide greater protections to the heirs of deceased celebrities by broadening the right to publicity that is descendible to them.

Chapter 998, Statutes of 1999

SB 219 (Peace-D) Priority to creditors

Amends the "assignment for the benefit of creditors" procedure by (1) increasing the priority given to unsecured claims for wages, salaries, commissions, and contributions to employee benefit plans from $2,000 to $4,300 for each affected individual, (2) specifying when commissions may be subject to the same $4,300 priority as wages, (3) establishing an exemption for alimony, maintenance or support of the debtor's spouse and children, and (4) extending the period for perfection of purchase money security interests from ten to 20 days.

Chapter 202, Statutes of 1999

SB 243 (McPherson-R) Indemnification for public recreational property

Allows public and private property owners to recover attorney fees from the state if they successfully defend lawsuits by third parties seeking to prevent or reduce public access to their property, and increases the cap on state reimbursements for these and related fees from $100,000 to $200,000.

Chapter 775, Statutes of 1999

SB 301 (Senate Rules Committee) Secretary of Senate and Chief Clerk of Assembly

Authorizes the Secretary of the Senate and the Chief Clerk of the Assembly to act as a notary public.

Chapter 20, Statutes of 1999

SB 367 (Dunn-D) Electronic filing and service of documents

Authorizes a trial court to adopt local rules of court permitting electronic filing and service of documents, as specified. Requires the California Judicial Council, by January 1, 2003, to adopt uniform rules of court for these purposes, which conform to the same conditions. Makes a statement of legislative intent.

Chapter 514, Statutes of 1999

SB 447 (Dunn-D) Discovery: inspection demands

Provides that a party may propound a supplemental demand for inspection, provided that an initial demand for inspection was previously served by that party.

Chapter 48, Statutes of 1999

SB 469 (Poochigian-R) Exempt assets: Roth IRAs

Expands the exemption for individual retirement accounts from a creditor's collection action to also include accounts known as "Roth IRAs."

Chapter 98, Statutes of 1999

SB 513 (Alarcon-D) Fair employment and housing

Eliminates the $50,000 combined limit on actual damages and administrative fines that may be awarded by the Fair Employment and Housing Commission against, or imposed upon, a respondent as currently limited under the California Fair Employment and Housing Act.

(In Senate Judiciary Committee)

SB 634 (Kelley-R) Eminent domain

Provides that, absent an agreement, the parties must exchange their lists of expert witnesses and statements of valuation data 60 days prior to commencement of the trial on the issue of compensation in eminent domain proceedings.

Chapter 102, Statutes of 1999

SB 674 (Ortiz-D) Childhood sexual abuse: statute of limitation

Makes the current statutes of limitations for childhood sexual abuse cases against third parties retroactive, but states that the bill is not intended to revive cases where there has been a final adjudication prior to January 1, 1999.

Chapter 120, Statutes of 1999

SB 820 (Sher-D) Electronic transactions

Enacts the Uniform Electronic Transactions Act. Applies to all transactions in which records or signatures are transmitted electronically, but excludes from coverage transactions subject to laws on wills, codicils, or testamentary trusts and other specified transactions.

Establishes rules and procedures for the sending and receiving of electronic records and signatures, the formation of contracts using electronic records, the making and retention of electronic records and signatures, and the procedures governing changes and errors in electronically transmitted records. Establishes the validity of transactions formed, transmitted and recorded electronically, and establishes the admissibility of electronic records in a legal proceeding.

Chapter 428, Statutes of 1999

SB 822 (Escutia-D) Tobacco product settlement

Requires any tobacco manufacturer selling cigarettes to consumers within the state to either (1) become a participating manufacturer under the terms of the settlement agreement entered into by the state and certain tobacco manufacturers and perform its financial obligations under the settlement, or (2) plan an amount of funds calculated on the basis of units of tobacco products sold into an escrow fund each year.

Chapter 780, Statutes of 1999

SB 877 (McPherson-R) Deposition officers

Requires a deposition officer to offer the same services to all parties. Requires the noticing party or attorney, upon request of any party, to place on the record before the deposition all services and products that are made available to the noticing party or attorney by the deposition officer or employer of the deposition officer.

(In Assembly Judiciary Committee)

SB 911 (Figueroa-D) Automatic external defibrillators

Provides a qualified immunity from civil liability for trained persons who use in good faith and without compensation an automated external defibrillator (AED) in rendering emergency care or treatment at the scene of an emergency. Provides that the qualified immunity also extends to those businesses that purchased the device, the physician who prescribed the device, and the agency which trained the person in the use of the AED, as specified.

Provides that the immunity would not apply in cases of personal injury or wrongful death resulting from gross negligence or willful or wanton misconduct.

Chapter 163, Statutes of 1999

SB 914 (Sher-D) Contractors: express trust funds: liens

Establishes the right to a mechanics' lien for claims for unpaid wages and fringe benefits by an employee benefit express trust fund.

Chapter 795, Statutes of 1999

SB 944 (Johnson-R) Vehicles

Provides that in a third party action for personal injury arising out of the operation or use of a motor vehicle, the recovery shall be reduced by amounts paid as a medical payment benefit under a policy of motor vehicle insurance.

(In Senate Judiciary Committee)

SB 966 (Senate Judiciary Committee) Maintenance of codes

Corrects grammatical and other errors in the codes without substantively changing the law.

Chapter 83, Statutes of 1999

SB 1090 (Schiff-D) Trusts

Specifies that a nonprofit charitable corporation may also be appointed as a trustee of the trust.

Prohibits the court from appointing a private professional trustee, as defined, unless specified information is filed with the county clerk under penalty of perjury.

Chapter 424, Statutes of 1999

SB 1161 (Senate Judiciary Committee) Offers to compromise

Restores a provision of law inadvertently repealed by SB 73 (Kopp) of 1997. Specifically authorizes the court or arbitrator, in its discretion, to require the party rejecting a settlement offer to pay the offering party's expert witness costs actually and reasonably incurred by the offering party either or both in preparation for a trial or arbitration, or during a trial or arbitration, if the offering party obtains a more favorable judgment or award at trial.

Chapter 353, Statutes of 1999

SB 1162 (Burton-D) Minors: contracts

Overhauls what is commonly known as the "Coogan Law". Requires that 15 percent of all gross earnings of an unemancipated minor under a contract for artistic or creative and other services, as defined, be set aside in trust for the minor's benefit.

Requires the parent or guardian of the minor to set up a fiduciary account into which the minor's employer would deposit 15 percent set-aside funds. Requires that the funds be invested in low-risk financial vehicles, and specifies that no withdrawal could be made from this trust account until the minor turned 18, and the court would have continuing jurisdiction over all approved contracts and trust funds until the account is terminated.

Makes all earnings and accumulations of an unemancipated minor from the type of contract described above the minor's sole legal property and not subject to any right to services and earnings otherwise granted to the parent of a child.

Chapter 940, Statutes of 1999

SB 1165* (Sher-D) Expedited judicial review

Creates an expedited hearing process for judicial appeal of local administrative permitting actions which affect expressive conduct protected by the First Amendment.

Chapter 49, Statutes of 1999

SB 1171 (Johnson-R) Public accommodations: minors and authorized access

Addresses the following three separate issues relative to non-residential public accommodations:

1. Responsibility for minors who are guests.
2. Eviction of guests who stay beyond the designate check-out time.
3. Prohibiting distribution of commercial handbills to guest rooms over the objections of the innkeeper.

Chapter 354, Statutes of 1999

SB 1174 (Burton-D) Nuisance

Provides that no commercial or industrial activity, operation or facility shall be or become a nuisance due to any changed condition about the locality after it has been in continuous operation for three years, if it was not a nuisance at the time it began.

(In Senate Judiciary Committee)

SB 1188 (Haynes-R) Civil procedure

Provides that for purposes of the anti-Strategic Lawsuits Against Public Participation statute, which protects a person's right of petition and free speech, "person" does not include a public entity or a public officer acting in his or her official capacity.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 1237 (Escutia-D) Insurance claims: liability to third party

Provides that an insurer shall act in good faith toward and deal fairly with third-party claimants. Provides that if an insurer engages in unfair claims settlement practices with respect to a third-party claimant, the third-party claimant would generally have the right, upon meeting certain conditions, to assert a cause of action against the insurer, except as specified.

Provides that where the amount in controversy is for either a dollar amount that does not exceed $50,000, or is within policy limits if the policy limits do not exceed $50,000, a claimant and the insurer may resolve the claim by arbitration pursuant to a written arbitration agreement, as specified. Provides that if the parties agree to submit a claim to, and participate in, arbitration, the insurer shall be conclusively presumed to have complied with the duty to act in good faith toward and deal fairly with third-party claimants specified above.

Provides that professional liability insurers are exempt from bad faith liability where consent of the insured is required by a contract or statute, as specified.

Chapter 720, Statutes of 1999

SB 1245* (Hayden-D) Compensation for World War II slave and forced labor

Provides that any slave or forced labor victim of the Second World War, or heir of the victim, may bring an action to recover compensation for labor performed without pay between 1939 and 1945 against any entity or successor in interest thereof, for whom that labor was performed. Extends the statute of limitations for these actions until December 31, 2010.

Chapter 216, Statutes of 1999

SB 1254 (Schiff-D) Confidentiality of writings

Creates the "Sunshine in the Courts Act" to regulate and control the use of court-sanctioned "secrecy" agreements.

(In Assembly Appropriations Committee)

SR 16 (Haynes-R) Lawsuit Abuse Awareness Week

Proclaims the week of September 19 through 25, 1999, as "Lawsuit Abuse Awareness Week" in California, and encourages citizens of the Golden State to support fundamental reforms to safeguard and improve our civil justice system.

(In Senate Judiciary Committee)

AB 169 (Ackerman-R) Exemplary damages

Limits punitive damages to three times the amount of compensatory damages, takes away the jury's traditional right to determine punitive damages by requiring the judge, rather than the jury, to determine the amount of punitive damages, and imposes other unprecedented restrictions on the award of punitive damages in civil actions.

(Failed passage in Assembly Judiciary Committee)

AB 171 (Margett-R) Works of improvement: liens

Requires a property owner to notify the original contractor, as well as all subcontractors, of the completion or cessation of any work of improvement (property improvement) in order to protect the contractor's and subcontractors' lien rights.

(In Assembly Judiciary Committee)

AB 191 (Dickerson-R) Unclaimed personal property

Allows the board of supervisors, or the governing body of a city, after attempting and failing to contact the legal owner, to turn over personal property with a value of no more than $500, in the possession of the sheriff or police department of a county, that has been unclaimed for at least 90 days, to specified beneficiaries designed to prevent juvenile delinquency.

Chapter 233, Statutes of 1999

AB 239 (Kaloogian-R) Estates and trusts

Makes the following changes to the Probate Code:

1. Clarifies that there is no right to a jury trial in probate proceedings unless specified.
2. Revises notice requirements in a petition for court authorization for specified medical treatment of conservatees.
3. Allows a court to authorize a conservator to modify a revocable trust.
4. Corrects an inadvertent error contained in the 1998 omnibus probate law bill, which error reenacted a requirement of unanimity of all interested parties in amending a trust instrument for purposes of qualifying a decedent's estate for the charitable estate tax deduction under federal law. This requirement of unanimity had been removed by legislation in 1996.

Chapter 175, Statutes of 1999

AB 321 (Wildman-D) Eminent domain: valuation

Narrows an existing exception to the general rule that the terms of a sale of property taken through eminent domain may not be used to determine fair market value of another property. Current law provides an exception to the general rule for properties that were acquired for a public use if the property was already being used for that purpose when it was acquired. Limits the exception to the general rule to apply only to proceedings relating to water systems as defined in Public Utilities Code Section 240.

(Refused passage on Assembly Floor; reconsideration granted. On Assembly Inactive File.)

AB 407 (Cedillo-D) Discrimination

Declares that existing law, the Unruh Civil Rights Act (Unruh Act), prohibits discrimination based upon immigration status. Expressly adds immigration status as a protected classification under both the business accommodation and hate crimes provisions of the Unruh Act.

Provides that creditors may continue to take immigration status into consideration as permitted under the federal Equal Credit Opportunity Act, and Federal Reserve Board Regulation B.

Vetoed by the Governor

AB 416 (Machado-D) Personal information: disclosure

Prohibits a health care provider from releasing medical information that has been created as a result of outpatient psychotherapy for specified purposes, unless the requesting entity submits a written request, as specified.

Chapter 527, Statutes of 1999

AB 431 (Dutra-D) Non-judicial foreclosure sales and appraisers

Makes numerous changes to the duties, responsibilities and liabilities of a trustee in non-judicial foreclosure proceedings.

Chapter 974, Statutes of 1999

AB 444 (Dutra-D) Amnesty program for holders of unclaimed property

Requires the State Controller to establish an amnesty program to allow holders of unclaimed property who may be delinquent in their duty to pay or deliver unclaimed property to the State or its authorized agent to surrender the property without incurring interest assessments or penalties.

Vetoed by the Governor

AB 460 (Ackerman-R) Trusts

Requires the trustee of a trust to provide a copy of the trust to the court only when the trust becomes irrevocable because of the death of one or more of the settlers.

(In Assembly Judiciary Committee)

AB 519 (Aroner-D) Sexual harassment

Clarifies a host of drafting ambiguities currently contained in California's so-called "professional and business relationships" sexual harassment prevention statute.

Chapter 964, Statutes of 1999

AB 540 (Machado-D) Malpractice actions: architects, engineers, or surveyors

Requires a plaintiff's attorney, before or upon serving a complaint for professional negligence against an architect, engineer, or land surveyor, to serve on the defendant any certificate of merit that is required to be filed with the court in such an action.

Chapter 176, Statutes of 1999

AB 706 (Torlakson-D) Community warning systems: donor organizations: immunity

Provides and clarifies that the recently granted conditional immunity to donors of a community warning system to Contra Costa County applies to:

1. The installation by a donor organization of alert receiver equipment and initiation box equipment.
2. The operation or maintenance, or both, by a donor organization of stationary terminal equipment and related initiation box and alert receiver equipment, for communications and operation, provided that the installation, operation, or maintenance, of all of these, by the donor organization is undertaken without compensation and in accordance with the direction of, or under contract with, Contra Costa County.

Chapter 239, Statutes of 1999

AB 777 (Cardenas-D) Escheat of unclaimed property

Revises the law governing the escheat of unclaimed property to the state to:

1. Provide money order issuers the ability to deduct "reasonable service charges" from the face value of unclaimed money orders when the unclaimed property is escheated to the state.
2. Provide that activity in one account at a financial institution will preclude the escheat of funds in another idle account of the same owner at the same institution if certain conditions are met.

Chapter 835, Statutes of 1999

AB 794 (Corbett-D) Subpoenas: personal records

Makes various changes in relation to subpoenas for the production of records.

Chapter 444, Statutes of 1999

AB 823 (Floyd-D) Legal actions

Provides that for injuries or death caused by exposure to toxic substances or cumulative trauma, the statute of limitations is the later of, one year from the date of the plaintiff's disability, as defined, or the date of death of plaintiff's decedent, or one year after the date the plaintiff either knew, or through the exercise of reasonable diligence should have known, that injury, illness, or death from the exposure to toxic substances or cumulative trauma was caused or contributed to by the wrongful act of another.

(In Assembly Judiciary Committee)

AB 846 (Ackerman-R) Uniform Principal and Income Act

Repeals the existing Revised Uniform Principal and Income Act and enacts a new Uniform Principal and Income Act.

Chapter 145, Statutes of 1999

AB 860 (Thomson-D) Mobilehome parks and condominiums: pets

Requires that mobilehome parks and common interest developments allow owners to keep at least one pet, subject to reasonable rules and regulations. Provides that the requirements of the bill will go into effect for any new agreements entered, amended, or other modified, after January 1, 2000.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

AB 874 (Alquist-D) Computers: liability: year 2000 problems

Provides substantial new protections from liability for the country's computer industry and restricts the ability of consumers and businesses to bring suit and to recover damages for harm caused by the Year 2000 computer problem.

(In Assembly Judiciary Committee)

AB 891 (Alquist-D) Durable power of attorney: health care

Enacts the Health Care Decisions Law which provides for the creation, form, and revocation of advance health care directives and for the manner of making health care decisions for patients without surrogates, which replaces the National Death Act and provisions of codes related to durable powers of attorney for health care.

Chapter 658, Statutes of 1999

AB 925 (Hertzberg-D) Conservatorships: statewide registry

Creates a Statewide Registry for private conservators and guardians.

Chapter 409, Statutes of 1999

AB 938* (Dutra-D) Escheat: military awards

Exempts from those provisions requiring the State Controller to sell escheated property to the highest bidder, all escheated property consisting of military awards and decorations that is delivered to the State Controller, and requires that property to be held in trust at the California National Guard Museum and Resource Center.

(In Senate Housing and Community Development Committee)

AB 999 (Briggs-R) Computer failures: liability

Specifies that any action, including one to recover damages, resulting from a Year 2000 computer date failure, as defined, shall be deemed to be based solely in contract when certain conditions apply, as specified. Specifies, as to those actions, a 90-day cure period exists before the action is commenced. Requires that liability be several and apportioned among multiple defendants. Limits class actions, specifies standards for pleading and requires that discovery be stayed pending a demurrer or motion to dismiss.

(In Senate Judiciary Committee)

AB 1000 (House-R) Eminent domain: regulation

Specifies that any official act, decision, or regulation of a public entity, which restricts the use or impairs the value of private property, constitutes an exercise of the power of eminent domain, and shall only be given effect upon the payment to the owner of the private property of just compensation.

(In Assembly Judiciary Committee)

AB 1023 (Margett-R) Electronic recordings

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 of proceedings or depositions for proceedings. 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.

(In Assembly Judiciary Committee)

AB 1051 (Kaloogian-R) Estates: creditors' claims and community assets in trust

Establishes a presumption that when spouses transfer property into a revocable trust, the property transferred retains its character in the aggregate unless otherwise specified in the trust agreement.

Eliminates a requirement that, in order to establish the personal administrator's liability for failure to notify the creditor of the administration of the estate, the creditor establishes that he or her attorney had no actual knowledge of the administration of the estate.

Chapter 263, Statutes of 1999

AB 1105* (Jackson-D) State administration: Budget Trailer Bill

Requires four superior courts selected by the Judicial Council to participate, as a pilot program, in early mediation of civil cases, as specified.

Requires the Judicial Council to report to the Legislature and to the Governor regarding the pilot program, as specified, on or before January 1, 2003. Repeals the pilot program on January 1, 2004.

Makes an exception, until January 1, 2004, in complex cases only, to existing law that sets forth various deadlines for procedures in civil actions subject to trial court delay reduction rules, as specified.

Chapter 67, Statutes of 1999

AB 1132 (Ackerman-R) Civil actions: noticed motions

Revises the timelines for filing motions in a civil action by requiring a party to serve and file before the time appointed for hearing as follows: (1) moving and supporting papers at least 21 calendar days, instead of the current 15 calendar days, (2) opposing papers at least ten calendar days, instead of five court days, and (3) reply papers at least five calendar days, instead of two court days before the hearing.

Chapter 43, Statutes of 1999

AB 1158 (Soto-D) Discovery: depositions

Seeks to discourage the use of long-term arrangements between parties and deposition reporting firms or networks which provide services on a preferential basis.

(In Senate Judiciary Committee)

AB 1274* (Frusetta-R) Political Reform Act of 1974: civil actions

Extends the time period for the civil prosecutor to respond to a request, and to bring a civil action for violation of certain provisions of the Political Reform Act of 1974.

Chapter 577, Statutes of 1999

AB 1281 (Bates-R) Computers: liability: Year 2000 problem

Prohibits consequential or punitive damages against persons who make gratuitous disclosures of information regarding the year 2000, unless the claimant has first attempted to resolve the complaint through alternative dispute resolution.

(In Assembly Judiciary Committee)

AB 1309 (Scott-D) Cleanup bill to SB 1237

Clarifies and modifies SB 1237 (Escutia), Chapter 720, Statutes of 1989, which creates a qualified right for a third party to bring an action for bad faith against an insurer for unfair insurance claims.

Chapter 721, Statutes of 1999

Similar bill is AB 1455 (Scott-D) which is in Senate Appropriations Committee.

AB 1316 (Correa-D) Nonresidential lease commission disputes

Permits a real estate licensee to file a lis pendens upon filing a civil breach of contract action to collect the realtor's unpaid commission for bringing about a lease of the owner's commercial or industrial property.

(In Senate Appropriations Committee)

AB 1380 (Villaraigosa-D) Health care providers: liability

Adjusts annually the cap on non-economic damages contained in the Medical Injury Compensation Reform Act of 1975 (MICRA), to reflect changes in the cost-of-living, and sets forth various legislative findings about the need to reform MICRA.

(In Senate Appropriations Committee)

AB 1491 (Kaloogian-R) Conservatorships

Provides that, if an attorney claims to the court to represent a conservatee, proposed conservatee, or person who is alleged to lack legal capacity, a court may appoint the public defender or private counsel to represent the interests of the person if specified conditions are met. Requires the court to hear and resolve any conflicts between this attorney and the public defender or private counsel.

(In Assembly Judiciary Committee)

AB 1569 (Ackerman-R) Computers: liability for damages: Year 2000 Problem

Provides immunity from any noncontract claim, subject to certain exceptions, to suppliers of computer products, as defined, arising from the failure or malfunction of those products due to the Year 2000 Problem, if the supplier satisfies certain requirements relating to repair, replacement, or refund of the computer products by a specified date.

(In Assembly Judiciary Committee)

AB 1579 (Robert Pacheco-R) Class actions: attorney's fees

Limits the total attorney's fees and expenses which may be awarded by the court to counsel for the plaintiff class in a class action, as specified. Also sets forth the intent of the Legislature in this regard.

(In Assembly Judiciary Committee)

AB 1625 (Cardoza-D) Unclaimed property: private investigators

Provides that only a licensed private investigator, or an accountant, attorney, or other licensed fiduciary, can enter into agreements to assist owners to recover property that has escheated to the State.

(Failed passage in Senate Business an Professions Committee; reconsideration granted)

AB 1628 (Kaloogian-R) Conservatorship: dementia

Makes several technical and non-controversial changes to the law governing conservatorships for people with dementia (e.g., Alzheimer's disease). Changes include clarifying the obligation of a court investigator to review the allegations of the petition for a dementia conservatorship.

(In Senate Judiciary Committee)

AB 1669 (Assembly Judiciary Committee) Works of improvement: relief

Provides that, in a defined construction defect action in which the plaintiff alleges that the defendant is liable for violating any applicable building standard, as defined, damages shall include an amount necessary to bring the work of improvement into compliance with the applicable building code as of the date that the work of improvement was completed.

(In Assembly Judiciary Committee)

AB 1670 (Assembly Judiciary Committee) Civil rights: employment and housing omnibus bill

Makes several changes to the California Fair Employment and Housing Act and Civil Code relating to employment and housing discrimination.

Chapter 591, Statutes of 1999

AB 1672 (Assembly Judiciary Committee) Civil practice and procedure omnibus bill

Annual omnibus civil practice and procedure bill, dealing with, among other things, legal document assistants, process servers, bonds, administrative penalties, in forma pauperis fee waivers, and auditors and tax collectors.

Chapter 892, Statutes of 1999

AB 1675* (Assembly Judiciary Committee) Civil procedure

Permits an appeal of an order granting or denying a motion to strike under the anti-Strategic Lawsuits Against Public Participation (SLAPP) statute. Requires the party filing an anti-SLAPP motion, and any party opposing the motion, to send certain documents to the Judicial Council to be maintained as part of a public record on these motions.

Chapter 960, Statutes of 1999

AB 1676 (Assembly Judiciary Committee) Stipulated reversals of judgments

Ends the practice of allowing parties to agree by stipulation to reverse findings and rulings of trial courts

Chapter 508, Statutes of 1999

ACR 17 (Wayne-D) California Law Revision Commission

Authorizes the California Law Revision Commission to continue its study of selected topics, deleting five topics from the list previously approved by the Legislature, and adding four new study topics recommended by the Commission.

Resolution Chapter 81, Statutes of 1999

ACR 32 (Honda-D) The Japanese YWCA in San Francisco

Declares that it shall be state policy to eradicate any vestiges of the racism of the California Alien Land Law that was repealed in 1956, and take steps to ensure the enforcement of charitable trusts created in response to that law.

Resolution Chapter 19, Statutes of 1999

Note: See Consumer Legislation for other civil law-related issues.

Index (in Bill Order)