Criminal Justice and Judiciary

Death Penalty
Terrorism and other Related Legislation
Domestic Violence
Child Abuse
Sex Offenders
Controlled Substances
Drunk Driving/Other Vehicle Code Offenses
Other Crimes and Sentencing
Procedural
Juries
Juvenile Justice
Corrections
Victims' Rights
Weapons
Legal Professions
Courts and Judges
Law Enforcement
Family Law
Civil Law

Death Penalty

SB 3 (Burton-D) Death penalty: mental retardation

Establishes standards and procedures regarding mental retardation for the purpose of death penalty cases, as required by the United States Supreme Court.

Chapter 700, Statutes of 2003

SB 51 (Morrow-R) Death penalty: mental retardation

Establishes standards regarding mental retardation for the purpose of death penalty cases, as required by the United States Supreme Court.

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

Terrorism and other Related Legislation

SB 678* (Ortiz-D) Bioterrorism

Appropriates federal funds to the State Department of Health Services (DHS) for implementing bioterrorism and smallpox preparedness measures by the state and local jurisdictions. Appropriates $85,468,835 from the Federal Trust Fund to DHS, $39,261,726 of which is to be used for hospital bioterrorism preparedness in accordance with specified federal guidelines, and $46,207,109 of which is to be used for implementing provisions of existing law, as specified. Makes appropriated funds available for smallpox preparedness costs, in accordance with the federally approved state-local plan for allocation and expenditure of these funds.

(On Assembly Third Reading File)

AB 34* (Strickland-R) Money laundering: terrorism

Increases the penalties for money laundering associated with specified terrorist-related activities.

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

AB 1209 (Nakano-D) Public records: exemption for records involving security

Extends the California Public Records Act (Act) exemption to records prepared for state or local public agnecies that assess vulnerability to terrorist attacks and emergency response plans prepared to address those assessments. Adds to those law enforcement records that are exempt from the Act, customer lists provided by an alarm or security company to a state or local police agency at the request of the agency.

(On Senate Third Reading File)

AB 1236 (Jerome Horton-D) Open meetings: closed sessions: security information

Amends the Ralph M. Brown Act to expand the matters that may be considered in closed sessions to include matters that pertain to security relative to protecting against threats.

(In Assembly Local Government Committee)

Domestic Violence

SB 265 (Kuehl-D) Child custody: domestic violence

Prohibits a parent from rebutting the statutory presumption against custody for perpetrators of domestic violence by citing the general statutory preference for children of divorce to have frequent and continuing contact with both parents.

Chapter 243, Statutes of 2003

SB 399 (Kuehl-D) Foreign protection orders: enforcement

Adds anti-stalking orders to the list of foreign protection orders against domestic violence that must be enforced in this state and makes other related changes.

Chapter 134, Statutes of 2003

SB 664 (Kuehl-D) Temporary assistance for needy families: domestic violence

Requires the State Department of Social Services (DSS) to allocate an unspecified percentage of the marriage promotion moneys in the Temporary Assistance for Needy Families Fund (Fund) to county welfare agencies for domestic violence services for CalWORKs recipients. Requires DSS to allocate to the Office of Women's Health in the State Department of Health Services an unspecified percentage of the marriage promotion moneys in the Fund to develop and implement a public education campaign to raise awareness about the health consequences of domestic violence.

(In Senate Appropriations Committee)

AB 29 (Reyes-D) Protective orders: domestic violence

Requires any person who petitions the court for a domestic violence protective order and in the petition claims abuse against a minor, as specified, to serve specified persons with a copy of the order and related pleadings, and provide proof of service to the court, as specified. Requires all domestic violence protective orders to include a notice to the petitioner of his or her duty to comply with these provisions.

(In Assembly Judiciary Committee)

AB 134 (Cohn-D) Felony domestic violence: increased penalty

Adds battery to the list of priors that subject a person who has never been convicted of felony domestic violence to increased penalties, as specified.

Chapter 262, Statutes of 2003

AB 141 (Cohn-D) Domestic violence: evidence

Expands the definition of "domestic violence" in the Evidence Code provision that allows propensity evidence in domestic violence criminal actions, specifically, evidence of the defendant's commission of other acts of domestic violence, to include abuse committed against a child or relative of the defendant.

(In Senate Public Safety Committee)

AB 145 (Lowenthal-D) Probation officers: training: domestic violence

Requires probation officers to receive three hours of domestic violence training as part of their initial training, and requires continuing domestic violence training of not less than three hours once very two years.

(In Assembly Appropriations Committee)

AB 184 (Lowenthal-D) Domestic violence: victim confidentiality

Provides that participation in the Safe at Home program for victims of domestic violence, stalking or other specified crimes, is sufficient evidence for inclusion in the State Department of Motor Vehicles records suppression program.

Chapter 720, Statutes of 2003

AB 352 (Goldberg-D) Domestic violence: probation conditions

Increases, from $200 to $400, the minimum mandatory payment imposed on persons granted probation for a domestic violence crime. Increases from one-third to two-thirds the allocation of these payments received by counties for county domestic violence program special funds. Decreases from two-thirds to one-third the allocation of these payments received by the state for two domestic violence-related funds. Sunsets on January 1, 2007.

Chapter 431, Statutes of 2003

AB 383 (Cohn-D) Criminal procedure

Requires a defendant charged with a misdemeanor domestic violence offense or a violation of a domestic violence protective order to be present at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a domestic violence protective order.

Chapter 29, Statutes of 2003

AB 818 (Jackson-D) Domestic violence: task force

Creates an 18-member task force, appointed as specified, chaired and staffed by the State Attorney General, to study the statewide criminal justice system response to domestic violence. Requires the task force to report to the Legislature by July 1, 2005. Provides that the task force sunsets January 1, 2006.

(In Assembly Appropriations Committee)

AB 1488 (Bates-R) Domestic violence protective orders

Requires that any person arrested for the intentional and knowing violation of a domestic violence protective order where the person has made threats to kill or harm, engaged in violence against, or gone to the residence or workplace of the protected party, appear for a hearing in open court before being released on his or her own recognizance or being released on reduced bail.

Chapter 30, Statutes of 2003

ACR 6 (Cohn-D) Domestic Violence Awareness Month

Proclaims the month of October 2003 as Domestic Violence Awareness Month.

Resolution Chapter 120, Statutes of 2003

ACR 11 (Cohn-D) Health Cares About Domestic Violence Day

Proclaims October 8, 2003 as Health Cares About Domestic Violence Day.

Resolution Chapter 121, Statutes of 2003

Child Abuse

SB 250 (Battin-R) Child abuse and neglect reporting

Increases the penalty for a mandated reporter who fails to report a known or reasonably suspected violation of unlawful sexual intercourse where the adult is 21 years of age or older and the minor is under 16 years of age or who actively discourages others from reporting the violation to a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine of up to $2,000, or by both that imprisonment and fine.

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

SB 316 (McPherson-R) Mandatory child abuse reporting: custodial officers

Provides that custodial officers, as defined in Section 831.5 of the Penal Code, be mandated child abuse and neglect reporters.

Chapter 122, Statutes of 2003

SB 880 (Ashburn-R) Murder of a child

Makes the first degree murder of a child under the age of 14 a special circumstance, if charged and found to be true, punishable by death or confinement in state prison for life without parole.

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

SB 882 (Denham-R) Criminal communication with minors

Enacts a new criminal statute for contacting or communicating with a minor with the intent to commit a sex offense, as specified.

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

SCR 8 (Battin-R) Child Abuse Prevention Month

Acknowledges the month of April 2003 as Child Abuse Prevention Month and encourages the people of California to support child abuse prevention activities in their communities and schools.

Resolution Chapter 21, Statutes of 2003

AB 111 (Corbett-D) Child abuse: mental suffering

Clarifies that the definition of child abuse, which is one of the factors a court must consider in determining the best interest of a child in custody proceedings, includes the causing or permitting of unjustifiable mental suffering to a child.

(In Senate Public Safety Committee)

AB 930 (Mountjoy-R) Sexual abuse

Enacts the Sexual Abuse of Children Reporting Act of 2003 and requires specified medical personnel to promptly report to a law enforcement agency or child protective agency their knowledge that a minor has contracted a sexually transmitted disease or is pregnant.

(In Assembly Public Safety Committee)

AB 1025 (McCarthy-R) Child endangerment: controlled substances

Makes willfully causing or permitting a child to ingest a controlled substance a specific form of child abuse punishable by up to one year in the county jail, or by two, four, or six years in the state prison.

(Failed passage in Assembly Public Safety Committee)

AB 1441 (Garcia-R) SAFE teams

Appropriates $15 million from the General Fund to the State Controller for distribution to local law enforcement to support local Sexual Assault Felony Enforcement (SAFE) Team programs, as established under current law to reduce violent sexual assault offenses through surveillance and arrest of habitual sex offenders and strict enforcement of sex offender registration requirements.

(In Senate Appropriations Committee)

AB 1443 (La Suer-R) Offenses against minors

Provides that every person who contacts or communicates with a minor, who knows or reasonably should know that the person is a minor, with the intent to commit a specified offense with that minor shall be punished as provided for in the law proscribing attempts to commit a crime.

(In Assembly Public Safety Committee)

AB 1495 (Chavez-D) Conditions of parole: sex offenders

Expands the limitation of where an inmate, released on parole for child molestation or continuous sexual abuse of a child, may not be placed near schools, including any grade K-6 to any grade K-8. Specifies that this provision applies to public and private schools.

Chapter 51, Statutes of 2003

Sex Offenders

SB 52* (Hollingsworth-R) Sexual Assault Felony Enforcement teams

Appropriates $15 million from the General Fund for distribution to county sheriffs for the implementation of county and regional Sexual Assault Felony Enforcement teams.

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

SB 327 (Battin-R) Sex offender registration

Provides Internet access to the sex offender registry.

(In Senate Public Safety Committee)

SB 356 (Alpert-D) Registered sex offenders: public notification

Authorizes the police department of any school district to have the same authority as any other law enforcement agency with respect to the public release of information concerning the presence of high-risk sex offenders in their community, and includes school district police departments as one of the enumerated law enforcement entities authorized to receive sex offender registry information from the State Department of Justice.

Chapter 538, Statutes of 2003

SB 421 (Florez-D) Sex offenders registration: verification of information

Requires local law enforcement agencies receiving sex offender registrations to "verify the information provided to them by the registrant by contacting him/her at their residence address, or if he/she has no residence, where he/she is located within the jurisdiction."

(In Senate Public Safety Committee)

SB 422 (Florez-D) Sex offenders

Deletes the requirement in existing law that the State Department of Justice (DOJ) provide a CD-ROM containing the compiled sex offender information to specified law enforcement agencies and, instead, requires DOJ to provide the information, until July 1, 2004, via an electronic medium. Extends the sunset date from July 1, 2004, until January 1, 2007.

(In Senate Appropriations Committee)

SB 423 (Florez-D) Sex offenders

Requires local law enforcement entities to inform the public of the presence of high-risk offenders in the community.

(In Senate Public Safety Committee)

SB 424 (Florez-D) Sex offenders

Requires local law enforcement to compile and deliver a bi-annual report to the State Department of Justice that will allow state and local law enforcement to reconcile their sex offender registries.

(In Senate Public Safety Committee)

SB 631* (McPherson-R) Criminal offenders

Revises state law to provide that campus law enforcement, or, if the campus has no police department, local law enforcement may release to members of the campus community information regarding the presence of sex offenders on campus. Requires the State Department of Justice, on or before July 1, 2005, to provide, via the Internet, specified information including the person's work address, vehicle information, and vocational information, regarding any person required to register as a sex offender for a commission or attempted commission of any specified sex offense, to any person 18 years of age or older who is not a registered sex offender.

(In Assembly Public Safety Committee)

SB 650 (Battin-R) Megan's Law

Removes the January 1, 2004 sunset on Megan's Law, thereby extending it indefinitely.

(In Senate Public Safety Committee)

SB 775 (Ashburn-R) High-risk registered sex offenders: mandatory notification

Requires local law enforcement agencies to advise the public of the presence of "high-risk" sex offenders in its community.

(In Senate Public Safety Committee)

SB 876 (Morrow-R) Sexually violent predators

Allows the commitment of a person as a sexually violent predator if he/she was previously convicted of a sex crime against a single victim under the age of 14, if the crime involved "substantial sexual conduct" or was accomplished by force or duress, although if the victims of prior crimes were adults.

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

SB 879 (Margett-R) Sex offenders

Requires a person convicted of conveying or distributing obscene matter depicting minors engaged in actual or simulated sexual conduct to register as a sex offender.

Chapter 476, Statutes of 2003

SB 884 (Poochigian-R) Crimes

Increases the punishment to a life term in cases where a defendant commits "aggravated kidnapping" of a child for the purpose of forced lewd conduct. Makes it a felony or a wobbler, depending on the age of the child, for a defendant to solicit a minor to engage in a lewd act.

(In Senate Appropriations Committee)

SB 885 (Knight-R) Megan's Law

Removes the January 1, 2004 sunset date on Megan's Law.

(In Senate Public Safety Committee)

SB 991 (Morrow-R) Conditions of parole: sex offenders

Mandates the State Board of Prison Terms, as a parole condition for an inmate who has been convicted of a seal crime committed against a victim under 18 years of age, require him/her to remain at all times at least 500 feet from, and to prohibit him/her from loitering, lingering, or remaining near, the perimeter of any school, park, shopping mall, child day care center, or other location where children congregate on a regular basis.

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

AB 26 (Pacheco-R) Megan's Law

Requires the State Department of Justice to provide specified "Megan's Law" information regarding registered sex offenders via the Internet.

(In Assembly Public Safety Committee)

AB 27 (Parra-D) Megan's Law

Repeals the January 1, 2004 sunset date for Megan's Law, California's registered sex offender identification program.

(In Assembly Appropriations Committee)

AB 150 (Reyes-D) Sex offender registration: penalties

Provides that any person who is required to register as a sex offender, who violates more than one requirement of the registration statute, or who violates a requirement of the registration statute more than once, commits a separate, continuing offense each time he or she does so.

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

AB 181 (Shirley Horton-R) Sex offender registration

Requires the State Department of Justice to prepare an annual report regarding compliance with the sex offender registration statute requiring sex offenders to register with local law enforcement officials.

(In Assembly Public Safety Committee)

AB 236 (Bermudez-D) Physicians and surgeons

Prohibits registered sex offenders from being licensed as physicians and surgeons.

Chapter 348, Statutes of 2003

AB 311* (Shirley Horton-R) Sexual Habitual Offender Program

Requires the State Department of Justice to report to the Legislature, no later than January 1, 2004, and annually thereafter, with respect to specified information regarding sexual habitual offenders in the database.

(In Assembly Public Safety Committee)

AB 350 (Bogh-R) Driver's licenses: registered sex offenders

Requires the State Department of Motor Vehicles to include in the driving record and vehicle registration records of a registered sex offender an annotation that the person has been so registered. Requires this information to be made available upon request to, and only to, certain law enforcement offices. Requires the mailing address appearing on a person's driver's license be the residence address of the person if that person is a registered sex offender.

(In Assembly Transportation Committee)

AB 357 (Maze-R) Death certificates: sex offender database

Requires the State Registrar to waive any fee for a copy of a death certificate when the request for the copy is made by any law enforcement agency for the purpose of updating the sex offender database.

(In Senate Judiciary Committee)

AB 402 (Shirley Horton-R) Megan's Law

Extends the sunset on Megan's Law from January 1, 2004 to January 1, 2007.

(In Senate Appropriations Committee)

AB 417 (La Suer-R) Driver's licenses: registered sex offenders

Establishes more restricted driver's license requirements applicable to registered sex offenders. Limits, to one year instead of the standard five years, the period of time before a driver's license issued by the State Department of Motor Vehicles (DMV) to a registered sex offender must be renewed. Requires a registered sex offender who applies for, or renews, a driver's license to provide, to the DMV, a current photograph and address verification.

(In Assembly Appropriations Committee)

AB 488 (Parra-D) Megan's Law

Provides that on July 1, 2005, public dissemination of sex offender information pursuant to "Megan's Law" shall occur through an Internet web site operated by the State Department of Justice, as specified.

(On Assembly Inactive File)

AB 493 (Salinas-D) Sexually violent predators: release

Establishes specific standards for determining county of release for persons conditionally released on supervision under the Sexually Violent Predator Act.

(In Senate Rules Committee)

AB 506 (Maze-R) Sexual assault victims: examination of victims

Requires, as part of the statutory requirements for the examination and treatment of sexual assault victims and subject to the history of the contact and the consent of the victim, the collection of a blood and urine sample from the victim.

Chapter 535, Statutes of 2003

AB 726 (Leslie-R) Megan's Law

Eliminates the January 1, 2004 sunset date for "Megan's Law" and requires the State Department of Justice to make specified information regarding sex offenders available on the Internet.

(In Assembly Public Safety Committee)

AB 727 (Leslie-R) Sexual assault

Requires every person convicted of certain enumerated sexual offenses to pay a fine in the amount of $500 which is to be held in trust and then transferred to the local law enforcement agency to be used to pay the cost of examinations of sexual assault victims.

(In Assembly Public Safety Committee)

AB 730 (Spitzer-R) Sexually violent predators: definition

Expands the definition of a sexually violent predator to include a person who commits a specified sex crime against a minor who is under the age of 14, thereby triggering an evaluation by the State Department of Mental Health to allow a defendant to be civilly committed as a sexually violent predator with one qualifying offense instead of two as currently required.

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

AB 814 (Chu-D) Rape: withdrawal of consent

Codifies the California Supreme Court ruling that a defendant may be found guilty of rape if the victim, having consented, withdraws the consent during intercourse and communicates that withdrawal.

(In Assembly Public Safety Committee)

AB 876 (Campbell-R) Megan's Law

Removes the January 1, 2004 sunset on Megan's Law. Requires the State Department of Justice (DOJ) to make the information it compiles available via an Internet web site. Requires DOJ to organize the information it compiles pursuant to these provisions with respect to serious and high-risk sex offenders, as defined, in a manner allowing an individual to determine the location of serious and high-risk sex offenders within one-half mile of a particular map point that will also be available to the public via the CD-ROM, Internet web site, or other electronic medium.

(In Assembly Public Safety Committee)

AB 891 (Runner-R) Sex offenders

Assesses a fine of $2,500 to $25,000, in addition to any terms of imprisonment or other fines imposed, for commission of an offense requiring registration as a sex offender.

(In Assembly Public Safety Committee)

AB 898 (Chu-D) Sexual assault: victims rights: DNA

Enacts the Sexual Assault Victims DNA Bill of Rights, which includes the following provisions: (1) requires law enforcement to inform victims of sexual assault if they intend to not analyze DNA evidence within the statute of limitations, (2) requires law enforcement to inform victims of sexual assault if they intend to destroy or dispose of rape kit or other crime scene evidence prior to the expiration of the statute of limitations, as specified, (3) authorizes, but does not require, law enforcement to inform interested sexual assault victims of the status of DNA evidence testing, as specified, and (4) enumerates specified rights for sexual assault victims "subject to the availability of local resources," as specified.

Chapter 537, Statutes of 2003

AB 930 (Mountjoy-R) Sexual abuse

Enacts the Sexual Abuse of Children Reporting Act of 2003 and requires specified medical personnel to promptly report to a law enforcement agency or child protective agency their knowledge that a minor has contracted a sexually transmitted disease or is pregnant.

(In Assembly Public Safety Committee)

AB 966 (Shirley Horton-R) Sexual habitual offenders

Requires the State Department of Justice to operate and maintain a publicly accessible Internet web site allowing access to information concerning individuals that have been identified as sexual habitual offenders, as specified.

(In Assembly Public Safety Committee)

AB 1098 (Garcia-R) Sex offender registration: proof of registration

Expands the current law requiring parolees who are sex offender registrants to provide their parole agents with proof of registration to (1) add to its provisions persons released on probation who are required to register as sex offenders, (2) change the time frame for providing proof of any revision or annual update on registration information from the person's next scheduled supervision appointment to "within five working days for so long as he or she is required to be under the supervision of a probation officer or parole agent," and (3) defines "proof of registration" to mean "a photocopy of the actual registration form.

Chapter 245, Statutes of 2003

AB 1184 (Spitzer-R) Sex offenders: registration

Requires the State Department of Justice, by October 15, 2005, to provide specified "Megan's Law" information regarding registered sex offenders via the Internet.

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

AB 1205 (Maldonado-R) Sex offenders: outpatient status: notification

Requires a community program director to provide preplacement notification to the relevant local law enforcement agency regarding the placement on outpatient status of any person required to register as a sex offender as a result of being found not guilty by reason on insanity.

(In Assembly Public Safety Committee)

AB 1285* (Salinas-D) Sexually violent predators

Provides that if the Director of the State Department of Mental Health (DMH) forwards to the court a report and recommendation for conditional release of a person committed as a sexually violent predator, or a person so committed petitions the court for conditional release, the court shall appoint two independent professionals selected from a list maintained by the Director of DMH to reevaluate the readiness of the person for placement in the community under reasonable terms and conditions.

(In Senate Rules Committee)

AB 1313* (Parra-D) Registered sex offenders on campus: Megan's Law extension

Authorizes campus police to release printed information regarding the presence of a registered sex offender on campus and sex offender registration information to members of the campus community. Extends the current sunset on Megan's Law from January 1, 2004, to January 1, 2007.

Double-jointed with SB 356 (Alpert-D) and SB 879 (Margett-R).

Chapter 634, Statutes of 2003

AB 1314 (Parra-D) Megan's Law

Extends the sunset on Megan's Law from January 1, 2004 to January 1, 2007.

(In Senate appropriations Committee)

AB 1441 (Garcia-R) SAFE teams

Appropriates $15 million from the General Fund to the State Controller for distribution to local law enforcement to support local Sexual Assault Felony Enforcement (SAFE) Team programs, as established under current law, to reduce violent sexual assault offenses through surveillance and arrest of habitual sex offenders and strict enforcement of sex offender registration requirements.

(In Senate Appropriations Committee)

AB 1442 (La Suer-R) Parole: sex offenders: Global Positioning System

Creates a three-year pilot project in San Diego County to monitor 15 high risk sex offender parolees using a Global Positioning System.

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

AB 1444 (Bates-R) Forensic identification

Requires every person required to register as a convicted sex offender to provide two specimens of blood, a saliva sample, a right thumbprint, and a full palm impression of each hand for law enforcement identification analysis.

(In Assembly Pubic Safety Committee)

AB 1445 (Dutton-R) Sex offenders

Expands the scope of the sex offender registration statute to include juvenile offenders who commit specified offenses that did not result in a commitment to the State Department of the Youth Authority.

(Failed passage in Assembly Public Safety Committee)

AB 1495 (Chavez-D) Conditions of parole: sex offenders

Expands the limitation of where an inmate released on parole for child molestation or continuous sexual abuse of a child may not be placed near schools, including any grade K-6 to any grade K-8. Specifies that this provision applies to public and private schools.

Chapter 51, Statutes of 2003

AB 1513 (Nakanishi-R) Sex offenders

Prohibits persons required to register as sex offenders from having any direct physical contact with minors while incarcerated.

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

AB 1617 (Montanez-D) Harassment: investigations

Specifies the steps an employer should take to investigate allegations of harassment and to prevent harassment, including, among other things, using a trained and experienced investigator, taking corrective action that effectively disciplines the harasser and does not adversely affect the victim, and reviewing whether any prior corrective action had been effective.

(In Assembly Judiciary Committee)

ACA 18 (Spitzer-R) Sex offender information

Amends the California Constitution to require the State Attorney General, on or before October 15, 2005, to establish, and thereafter maintain, on an Internet web site, specified information regarding registered sex offenders who are high-risk or serious sex offenders, which information will be available under certain conditions to any person 18 years of age or older who is not a registered sex offender.

(Unassigned)

ACR 64 (Jackson-D) Sexual Assault Awareness Month

Proclaims the month of April be designated, henceforth, as Sexual Assault Awareness Month.

Resolution Chapter 17, Statutes of 2003

Controlled Substances

SB 82 (Margett-R) Ecstasy: sale to minors

Provides that every person 18 years of age or older who transports, sells, furnishes, administers, or gives away to a minor any amount of Ecstasy is guilty of a felony and shall be punished by imprisonment in the state prison for a period of three, four, or five years.

(In Senate Public Safety Committee)

SB 131 (Sher-D) Marijuana: possession: penalty

Classifies first-time possession of not more than 28.5 grams (one ounce) of marijuana as an infraction instead of a misdemeanor. Allows prosecution of repeated offenses as misdemeanors. Corrects references to drug rehabilitation programs applicable to marijuana possession offenses.

(Refused passage on Assembly Floor; reconsideration granted)

SB 151 (Burton-D) Prescriptions: Schedule II controlled substances

Eliminates the July 1, 2008 sunset date on the Controlled Substances Utilization Review and Evaluation System (CURES) administered by the State Department of Justice. Eliminates, effective July 1, 2004, the requirement that Schedule II controlled substances (morphine, Percodan, etc.) prescriptions be written on triplicate forms. Adds a requirement that Schedule III controlled substances (codeine with aspirin, steroids, etc.) be included in the CURES system.

Double-jointed with AB 1196 (Montanez-D).

Chapter 406, Statutes of 2003

SB 276* (Vasconcellos-D) Controlled substances

Clarifies and simplifies California law concerning reporting and tracking requirements for specified chemicals that may be used in making controlled substances. Raises fines for repeated violations of regulations limiting the amount of over-the-counter products containing ephedrine and related chemicals that can be used to manufacture methamphetamine.

Chapter 369, Statutes of 2003

SB 295 (Vasconcellos-D) California Marijuana Research Program

Eliminates the three-year time limit on the California Marijuana Research Program being conducted at the University of California.

Chapter 704, Statutes of 2003

SB 420 (Vasconcellos-D) Medical marijuana

Establishes a voluntary program for the issuance of identification cards to patients qualified to use medical marijuana and makes numerous legal definitions, clarifications, and statutory changes necessary to implement and enforce a system providing medical marijuana to chronically ill patients.

Chapter 875, Statutes of 2003

SB 519* (Vasconcellos-D) Nonviolent drug possession

Provides that when a State Department of the Youth Authority (DYA) parolee commits a nonviolent drug possession offense, he or she shall be given drug treatment in his or her community of residence, rather than being returned to confinement in DYA. Directs DYA to fund drug treatment by redirecting savings realized from not returning individuals to DYA facilities. Provides that subsequent funding will be provided through the annual Budget Act.

(At Assembly Desk)

SB 762 (Brulte-R) Nonviolent drug possession offense: personal use

Clarifies the application of Proposition 36 by requiring nonviolent drug possession of any controlled substance be limited to possession for personal use.

Chapter 155, Statutes of 2003

AB 57 (Bates-R) Ecstasy: punishment

Provides that the unlawful possession of 3,4-methylenedioxymethamphetamine shall be punishable by imprisonment in a county jail for up to one year, or by 16 months, two or three years in the state prison. Provides that the possession for sale of 3,4-methylenedioxymethamphetamine shall be punishable by imprisonment in the state prison for 16 months, two, or three years. Makes the sale of 3,4-methylenedioxymethamphetamine punishable by imprisonment in the state prison for two, three, or four years.

(On Assembly Inactive File)

AB 125 (Cogdill-R) Unlawful manufacture and possession

Creates a new felony for the extraction of ephedrine, as specified, and creates a two-year enhancement for fires caused by the illegal manufacture of controlled substances.

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

AB 158 (Runner-R) Controlled substances: manufacture

Redrafts provisions in existing law concerning possession of precursors and other specified chemicals with intent to manufacture methamphetamine or PCP. Provides that possession of a reducing agent - generically defined, rather than as defined by specific chemicals - with intent to manufacture methamphetamine is a felony. Provides that possession of an isomer of a specified compound with intent to manufacture the derivative substance is a felony.

Chapter 619, Statutes of 2003

AB 233 (Cogdill-R) Manufacture of controlled substances

Requires the court to consider as a factor in aggravation in sentencing a felony case involving methamphetamine manufacture the fact that a child under 16 resided in the structure in which the felony was committed.

Chapter 620, Statutes of 2003

AB 261 (Maddox-R) Controlled substances: dispensing without a license

Increases the penalty, from a misdemeanor to an alternate felony/misdemeanor, for any person who knowingly and unlawfully dispenses a dangerous drug or device, or who knowingly owns, operates, or manages a business that dispenses or furnishes a dangerous drug or device without a license to dispense or furnish these products.

(In Assembly Appropriations Committee)

AB 709 (Correa-D) Restricted chemicals: permit and reporting violations

Creates a regulatory fine process, as an alternative to criminal prosecution, for businesses that violate regulations concerning restricted chemicals that could be used in the manufacture of controlled substances, but which are used in numerous legitimate products and services.

Chapter 142, Statutes of 2003

AB 797 (Bogh-R) Controlled substances: enhancements

Expands the scope of those individuals eligible for enhanced penalties in prosecution for conspiracy to manufacture methamphetamine or phencyclidine, based upon the amount of precursor chemicals offered, and removes the requirement that the conspirators be "substantially involved" in the directing, supervising, or financing of the conspiracy.

(Failed passage in Assembly Public Safety Committee)

AB 1025 (McCarthy-R) Child endangerment: controlled substances

Makes willfully causing or permitting a child to ingest a controlled substance a specific form of child abuse punishable by up to one year in the county jail, or by two, four, or six years in the state prison.

(Failed passage in Assembly Public Safety Committee)

AB 1067 (Shirley Horton-R) Nonviolent drug possession

Excludes the possession of GHB flunitrazepam (rohypnol) and Ketamine from the probation and treatment provisions of Proposition 36.

(Failed passage in Assembly Public Safety Committee)

AB 1301 (Simitian-D) Alcoholic beverages and controlled substances: minors

Creates a misdemeanor for permitting a person under the age of 18 to consume alcohol or a controlled substance at the home of the adult or legal guardian.

Chapter 625, Statutes of 2003

Drunk Driving/Other Vehicle Code Offenses

SB 132 (Battin-R) Driving under the influence: prior convictions

Overturns the decision in People v. Camarillo and provides that a driving under the influence felony that is subsequently reduced to a misdemeanor will still act as a felony for purposes of charging priors.

(In Assembly Appropriations Committee)

SB 161 (Knight-R) Pursued vehicles: punishment

Changes the penalties for evading a peace officer in a willful or wanton disregard for the safety or persons or property causing death or serious bodily injury and to place limits on plea bargaining for these offenses.

(Held in Senate Public Safety Committee without recommendation)

SB 209 (Margett-R) Peace officer pursuit: punishment

Increases a variety of penalties relating to evading a peace officer.

(In Senate Appropriations Committee)

SB 213 (Battin-R) Pursued vehicles: punishment

Makes it a felony to intentionally drive the wrong direction upon a roadway restricted to one-way traffic when evading a peace officer.

(In Senate Public Safety Committee)

SB 219 (Romero-D) Public agency: immunity: police pursuits

Refines the conditions under which a public agency is immune from civil damages liability for damages caused to innocent third parties by police pursuits.

(On Assembly Inactive File)

SB 408 (Torlakson-D) Driving under the influence: driver's license sanctions

Provides that specified electronically transmitted documents may be included in administrative proceedings by the State Department of Motor Vehicles. Provides that a "critical need" restricted license is not available if the violation for driving with a blood alcohol level of 0.01 percent or more has occurred within seven years of a violation for the same offense or for a DUI.

Chapter 254, Statutes of 2003

SB 416 (Alpert-D) Vehicles: driving under the influence: license restriction

Allows a person who was placed on probation after a second driving under the influence, but is no longer on probation and has not completed the required treatment program, to get a restricted license to drive to and from the program and to and from work.

Chapter 705, Statutes of 2003

SB 717 (Battin-R) Child endangerment: penalties

Provides that a person who commits the offense of child endangerment while committing an offense of operating a vehicle while under the influence of alcohol, drugs, or both, will receive an additional and consecutive term of imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

(In Senate Public Safety Committee)

SB 780 (Torlakson-D) Automated enforcement systems

Imposes a civil fine on a vehicle's owner if that vehicle runs a red light and that action is recorded by a camera. Requires the camera to record the license plate instead of the driver's face and makes other changes to the operation of red-light cameras.

(In Senate Appropriations Committee)

SB 848 (Karnette-D) School programs: pedestrian-bicyclist safety

Authorizes the City of Long Beach to adopt the school pedestrian-bicyclist safety program that is currently authorized in Alameda, Santa Barbara and Ventura counties.

(In Senate Public Safety Committee)

SB 982 (Aanestad-R) High-speed peace officer pursuits

Requires each local law enforcement agency to assess its policies and procedures regarding high-speed pursuits by its peace officers in order to ensure that the most effective application of those pursuits is employed with an emphasis achieving public safety.

(In Senate Public Safety Committee)

AB 19 (Leslie-R) Vehicle license fee: driving while under the influence

Prohibits persons convicted of a driving while under the influence (DUI) offense from receiving, for five years from the date of the conviction, the reduction in the full amount of the vehicle license fee by the offset, provided that the person committed the offense on or after January 1, 2004. Creates the DUI subaccount in the Motor Vehicle License Fee Account in the Transportation Tax Fund and requires the increased fees that otherwise would have been offset to be deposited into that subaccount. Continuously appropriates the funds in that subaccount to the State Department of the California Highway Patrol.

(In Assembly Public Safety Committee)

AB 74 (Mountjoy-R) Police vehicle pursuit: punishment

Increases the penalties and fines for attempting to evade a peace officer.

(Failed passage in Assembly Public Safety Committee)

AB 140 (Levine-D) Fleeing a peace officer

Increases the penalties and fines for attempting to evade a peace officer in a vehicle.

(In Assembly Appropriations Committee)

AB 299 (Lowenthal-D) Taxicabs and passenger vehicles for hire

Requires a court, when presented with specified evidence, to impound an unlicensed taxicab for up to 30 days, and provides certain procedural requirements and protections relating to the impoundment action.

Chapter 658, Statutes of 2003

AB 301 (Reyes-D) Vehicles: video displays

Prohibits a driver from viewing a video monitor, television or video screen, video signal, or a similar device while operating a motor vehicle.

Chapter 303, Statutes of 2003

AB 327 (Runner-R) Penalty for disabled parking violations

Allows a local court to assess a $100 penalty for specified violations of disabled parking placards to be used specifically to enforce existing laws relative to those identified parking spots. Requires the State Department of Motor Vehicles to print the amount of fines on applications for a disabled parking placard, and on all placards issued on or after January 1, 2005.

Double-jointed with AB 377 (Chan-D).

Chapter 555, Statutes of 2003

AB 371* (La Suer-R) Blood test

Allows phlebotomists to draw blood for the purpose of blood alcohol testing.

(On Assembly Unfinished Business File)

AB 486 (Parra-D) Suspended drivers license: penalties

Increases misdemeanor penalties for driving with a suspended license for a person previously convicted of reckless driving, driving under the influence, or denied a driver's license due to negligence. Provides that when the offense occurred within five years of a prior conviction for driving on a suspended or revoked license, the minimum incarceration doubles from 10 days to 20 days, and doubles the minimum fine from $500 to $1,000.

(In Assembly Appropriations Committee)

AB 557 (Lowenthal-D) Right of way for transit buses

Authorizes any transit operators to adopt provisions of a pilot project, scheduled to terminate on January 1, 2004, that requires a motorist to yield the right-of-way to a transit bus when merging with traffic after making a stop for passengers.

(In Senate Transportation Committee)

AB 616 (Vargas-D) Vehicles: impoundment: storage notices

Provides that when a vehicle is being impounded specified information about the impoundment may be provided to the National Law Enforcement Telecommunications System.

Chapter 622, Statutes of 2003

AB 638 (Longville-D) Vehicles: impoundment

Allows for the impoundment of vehicles upon arrest when a person gets a second driving under the influence, as specified, rather than upon conviction as currently required, and makes related changes in law.

(Concurrence in Senate amendments pending)

AB 657 (Bogh-R) Vehicle forfeiture: driving under the influence

Requires that a vehicle of a defendant convicted of specified driving under the influence of drugs or alcohol offenses be seized and sold or destroyed.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

AB 755 (Samuelian-R) Driver's license suspension or revocation

Creates a new alternate felony-misdemeanor offense of driving on a suspended or revoked driver's license where the driving results in the death of or great bodily injury to any person other than the defendant.

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

AB 789 (Mountjoy-R) Vehicles: removal: local ordinance

Requires cities' and counties' abandoned vehicle abatement ordinances to exempt vehicles stored under certain circumstances from provisions allowing the local agency to remove the vehicles as a public nuisance.

(In Assembly Appropriations Committee)

AB 985 (Vargas-D) Motor vehicle speed contests

Makes the penalty for engaging in a speed contest which proximately causes great bodily injury a wobbler.

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

AB 1022 (Oropeza-D) Vehicles: automated enforcement systems

Revises provisions regulating the use of automated traffic enforcement systems (red light cameras) to address concerns and conclusions from a Bureau of State Audits report and recent court decisions, including requirements for the operation of the systems, restrictions on contracts with equipment vendors, and the consideration of alternative methods of enforcement.

Chapter 511, Statutes of 2003

AB 1026 (Levine-D) Driving under the influence

Provides for enhanced sanctions when a person has a blood alcohol level of 0.15 percent or above including allowing the courts to double the fines.

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

AB 1479 (Chu-D) Traffic violator schools

Clarifies and establishes certain procedural protections and options for traffic violator schools when monitored by a court approved program.

Chapter 518, Statutes of 2003

AB 1526 (Dutra-D) Vehicle impoundment

Provides that if a storing law enforcement agency determines that a motor vehicle is not registered solely because of a lack of an appropriate smog certificate the motor vehicle will be required to be released to the owner who will be issued a warning and granted 30 days to obtain the appropriate certification and complete the registration of the motor vehicle.

(In Assembly Transportation Committee)

AB 1663 (Dutra-D) Vehicle forfeiture: storage

Provides that a peace officer is authorized to either immediately arrest a person and cause the removal and seizure of the vehicle he/she was operating or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle, without the necessity of arresting the person, if the peace officer determines that the person was driving the vehicle while his/her driving privilege was ordered suspended or revoked by the court for certain offenses or by the State Department of Motor Vehicles based on certain convictions.

(In Assembly Transportation Committee)

AB 1737 (Nakano-D) Vehicles: wireless telephones: distractions

Establishes a process for determining whether or not cell phone use or other distracting activities contribute to traffic accidents.

(In Assembly Appropriations Committee)

Other Crimes and Sentencing

SB 139 (Brulte-R) Abandoned newborns: safe-surrender

Makes a series of clarifying changes to existing law that grants immunity from prosecution for child abandonment when a parent or lawful guardian voluntarily surrenders physical custody of a child to designated sites and persons.

Chapter 150, Statutes of 2003

SB 195 (Margett-R) Graffiti: punishment

Requires that, upon conviction for graffiti, the court order the defendant to keep the damaged property or another specified property in the community free of graffiti for up to one year.

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

SB 233 (Hollingsworth-R) Kangaroo, alligator and crocodile products

Allows the importation, possession and sale of kangaroo, crocodile or alligator parts or products within California.

(Failed passage in Senate Natural Resources and Wildlife Committee; reconsideration granted)

SB 337 (Romero-D) Statute of limitations

Provides that the statute of limitations for commencement of a prosecution for the unauthorized practice of law shall be from the discovery of the crime or the time the crime reasonably could have been discovered.

Chapter 152, Statutes of 2003

SB 425 (Poochigian-R) Identity theft: penalties

Clarifies that the misdemeanor of possession of the identifying information of another with intent to defraud so as to provide that each such possession constitutes a separate crime.

(Held at Assembly Desk)

SB 450 (Poochigian-R) Kidnapping of minors

Codifies a decision of the California Supreme Court holding that the force required to effect a kidnapping of an unresisting infant is that "required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent."

Chapter 23, Statutes of 2003

SB 496 (Alpert-D) Drug endangered children

Encourages counties to coordinate law enforcement activities with child welfare services when drug arrests are made and children are present. Encourages counties to establish county wide protocols for law enforcement and human service providers to work together in multi-jurisdictional groups to protect drug-endangered children.

Chapter 75, Statutes of 2003

SB 514 (Dunn-D) Crime

Redefines the pattern of criminal gang activity to mean the commission of, attempted commission of, conspiracy to commit, solicitation of, sustained juvenile petition for, or conviction of, certain enumerate offenses committed on separate occasions and by two or more persons.

(In Senate Public Safety Committee)

SB 684 (Alpert-D) Identify theft

Allows a consumer who suspects that he/she has been the victim of identity theft to receive information about unauthorized additions to or renewals of existing accounts, in addition to new applications for credit or other specified goods and services. Defines "copies of all forms and information" in a request for information about suspected identity theft as "paper records, records of telephone applications or authorizations, record of electronic applications or authorizations, receiving or forwarding mail services and office or desk space rentals."

Double-jointed with AB 1772 (Wiggins-D) and SB 602 (Figueroa-D).

Chapter 534, Statutes of 2003

SB 717 (Battin-R) Child endangerment: penalties

Provides that a person who commits the offense of child endangerment while committing an offense of operating a vehicle while under the influence of alcohol, drugs, or both, will receive an additional and consecutive term of imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

(In Senate Public Safety Committee)

SB 732 (Soto-D) Cockfighting

Provides that cockfighting related offenses are punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $5,000, or by both imprisonment and fine. Provides that a second or subsequent conviction of specified animal fighting provisions is a misdemeanor punishable by imprisonment in a county jail for not to exceed one year, by a fine not to exceed $25,000 or both imprisonment and fine.

Chapter 256, Statutes of 2003

SB 761 (McPherson-R) Bail services

Prohibits a court or magistrate from accepting any undertaking of bail from any agency, person, or corporation that has any ownership or shareholder interest in any bail agency, or from an agency that has a controlling person, as defined, who has executed and delivered an undertaking of bail that remains unpaid for a specified period with specified exceptions. Provides that the posting of an undertaking of bail by an unauthorized person, corporation, or agent under these provisions shall not operate, absent other legal grounds, as the basis of exonerating the undertaking of bail.

(In Assembly Public Safety Committee)

SB 878 (Knight-R) Child pornography

Increases penalties for possession of child pornography from a misdemeanor to an alternate felony-misdemeanor where the matter depicts a child or children under the age of 18. Makes the possession of child pornography depicting a child or children under the age of 14 a straight felony.

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

SB 880 (Ashburn-R) Murder: special circumstances

Makes the first degree murder of a child under the age of 14 a special circumstance which, if charged and found to be true, will be punishable by death or confinement in state prison for life without parole.

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

SB 884 (Poochigian-R) Crimes: kidnapping

Increases the punishment to a life term in cases where a defendant commits "aggravated kidnapping" of a child for the purpose of forced lewd conduct. Makes it a felony or a wobbler, depending on the age of the child, for a defendant to solicit a minor to engage in a lewd act.

(In Senate Appropriations Committee)

SB 900 (Florez-D) Harmful matter

Limits the ability of minors to access "harmful matter" (materials that is not obscene for adults but that is obscene for minors) by requiring that a provider of harmful material by package delivery confirm that the person obtaining the material is an adult by use of databases of government records or by requiring use of a verification of age kit in which a customer will attest that he or she is an adult and provide a copy of a driver's license or similar identification.

(In Senate Public Safety Committee)

SB 929 (Speier-D) Explosives: punishment

Provides that in the crime involving possession, carrying or igniting, etc., a destructive device, the defendant can be separately convicted and punished for each specified violation.

(In Assembly Public Safety Committee)

SB 968 (Bowen-D) Organized crime: criminal profiteering: recycling

Includes fraud involving the California beverage recycling program in the crimes for which the state may seek asset criminal forfeiture from a convicted defendant.

Chapter 125, Statutes of 2003

SB 993 (Poochigian-R) Trespass

Expands the definition of trespass to include entering lands on which animals for human consumption are being raised or injuring or carrying away animals on these lands without permission of the owner or damaging or destroying fences or signs to designate the boundaries of those lands.

Double-jointed with AB 936 (Reyes-D).

Chapter 805, Statutes of 2003

SB 1019 (Florez-D) Battery: sports official: punishment

Provides that when a battery is committed against a sports official, the defendant is guilty of a misdemeanor or a felony and shall be punished by a fine not exceeding $5,000, by imprisonment in a county jail not exceeding one year or imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment.

(In Senate Public Safety Committee)

SB 1032 (Murray-D) Motion picture theaters: unauthorized recordings

Creates a particular crime for recording a motion picture in a theater without appropriate consent.

Chapter 670, Statutes of 2003

SB 8X (Senate Budget And Fiscal Review Committee) Sentencing: burglary and petty theft

Makes a petty theft with a prior a misdemeanor rather than a wobbler and thus eliminates state prison as a sentencing option for those people convicted of petty theft with a prior who have no prior felony convictions. (Provides a savings of $7.3 million in the current year and an estimated $14.6 million in the budget year.)

(On Senate Third Reading File)

AB 6 (Cohn-D) Audio and audiovisual privacy

Amends the California True Name and Address (Music Piracy) Law. Expands the application of the alternate felony/misdemeanor penalty currently applicable to persons who manufacture, possess for sale, sell, or rent, all as specified, at least 1,000 copies of an audio recording by lowering the required number of copies to at least 100 copies of audio recordings.

(In Senate Public Safety Committee)

AB 39 (Runner-R) Child pornography

Increases the existing penalty for possession of material depicting sexual activity of persons under the age of 28 from a misdemeanor to a felony, punishable by imprisonment in the state prison.

(Failed passage in Assembly Public Safety Committee)

AB 46 (Simitian-D) Identity theft

Prohibits public or private California universities and colleges from using a student's social security number for identification in a publicly available manner or such that the unauthorized third party will have access to the information.

(In Senate Judiciary Committee)

AB 70 (Wyland-R) Computer forfeiture: crimes

Allows forfeiture of a defendant's computer or related equipment upon conviction of fraudulent use of a credit or access card, possession of a forged driver's license, insurance fraud or workers' compensation insurance fraud.

(In Senate Public Safety Committee)

AB 108 (La Malfa-R) Attempted murder: custodial officers

Makes the penalty for the attempted murder of a custodial officer the same as the penalty for the attempted murder of a peace officer.

(In Senate Public Safety Committee)

AB 112 (Goldberg-D) Sentencing: three strikes

Amend the three strikes law to require that the current conviction be a serious or violent felony in order to subject a defendant to an enhanced sentence.

(On Assembly Inactive File)

AB 187 (Runner-R) Crime

Makes the penalty for either assault or battery of a member of the United States Armed Forces a fine of $2,000 and/or imprisonment in the county jail for not more than one year.

Chapter 138, Statutes of 2003

AB 207 (Maze-R) Vandalism of veterans memorial or monument

Makes vandalism of a veterans' memorial an alternate felony/misdemeanor, regardless of the account of damages caused by the crime.

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

AB 215 (Leslie-R) Identity theft

Increases the penalty for acquiring personal identifying information with the intent to defraud from a misdemeanor to an alternate felony/misdemeanor, punishable by 16 months, two or three years in state prison, or up to one year in the county jail.

(Failed passage in Assembly Public Safety Committee)

AB 221 (Koretz-D) Tobacco products: legal age

Raises the minimum legal age to smoke in California from 18 to 21 and makes conforming changes to related statutory provisions.

(Failed passage in Assembly Governmental Organization Committee)

AB 239 (Bates-R) Identity theft: minors

Creates several one-year penalty enhancements in identity theft cases where the victim whose personal information has been unlawfully used is a child.

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

AB 245 (Cohn-D) Crimes: professional sporting events

Creates infraction penalties for individuals at professional sporting events who throw any object on or across the court or field of play with the intent to interfere with or distract a player and for individuals at sporting events who enter upon the court or field of play without permission.

Chapter 818, Statutes of 2003

AB 259 (Calderon-D) Battery: professional and amateur sporting events

Authorizes the court to order a person convicted of battery immediately prior to, during, or immediately following an organized amateur or professional athletic contest against any person attending or participating in that contest to attend up to 12 hours of anger management counseling.

(In Senate Public Safety Committee)

AB 325 (Cogdill-R) Shoplifting: booster bags

Provides that any person who manufactures, sells, offers for sale, distributes, or who, with the intent to commit theft possesses a laminated or coated bag or device (booster bag) intended to shield merchandise from a theft detection device is guilty of a misdemeanor, punishable up to six months in county jail, a fine of up to $1,000, or by both imprisonment and fine.

(In Assembly Public Safety Committee)

AB 495 (Garcia-R) Invasion of privacy: concealed cameras

Increases the penalty from a misdemeanor to a felony punishable by 16 months, two, or three years in state prison and a $25,000 fine for the secret videotaping of a person under the age of 18.

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

AB 633 (Maze-R) Kidnapping and sex crimes against children

Prescribes a life sentence where the defendant kidnapped a child or dependent adult for purposes of lewd conduct, but where no lewd act occurred and where the defendant did not intend to commit a defined sex crime. Adds the crime of continuous sexual abuse of a child to the list of "one strike" life-term sex crimes. Defines solicitation to "join in" lewd conduct, where the person the defendant solicited was a child under the age of 14 years, or a child of 14 or 15 years if the defendant is 10 years older than the victim, or a dependent adult, as a felony with a punishment of two, three, or four years in prison.

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

AB 725 (Bogh-R) Crime

Increases the penalty for specified assaults upon a custodial officer from three, four, or five years in prison to life without the possibility of parole.

(In Assembly Public Safety Committee)

AB 732 (Hancock-D) Crime: pigs and calves

Creates a crime for confining a pregnant pig or a calf in an enclosure or tethering them on a farm in a specified manner, or feeding a calf a type of diet causing anemia or impairing the development of their rumen.

(In Assembly Agriculture Committee)

AB 836 (La Suer-R) New crime: cell phone destruction

Provides that any person who unlawfully and maliciously removes, injures, destroys, or damages any wireless communication device with the intent to prevent the use of the device to summon assistance or notify law enforcement or any public safety agency of a crime is guilty of a misdemeanor.

Chapter 143, Statutes of 2003

AB 863 (Shirley Horton-R) Violent felonies

Expands the current list of "violent felonies" to include an alternate misdemeanor/felony offense of corporal punishment or injury of a child.

(In Assembly Public Safety Committee)

AB 874 (Wyland-R) Murder: special circumstances

Authorizes imposition of the death penalty or life without the possibility of parole for the intentional killing of a victim or his or her children, or both, who were protected under a restraining order.

(In Assembly Public Safety Committee)

AB 885 (Leno-D) Rodeos: humane care of rodeo animals

Changes the definition of "rodeo" to include three or more of the following events: bareback bronc riding, saddle bronc riding, bull riding, calf roping, steer wrestling, or team roping. Directs, at least 14 days prior to an event, that the management of any professional or amateur rodeo, file a notice of "intent to perform" with the animal control agency having jurisdiction over the rodeo's location.

(Failed passage in Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee)

AB 904 (Lowenthal-D) Arson: registration

Requires a person to register as an arsonist if he/she was convicted in any other state, federal, or military court of an arson offense.

(In Assembly Public Safety Committee)

AB 911 (Longville-D) Misuse of emergency 911

Makes the use of or knowingly allowing the use of the 911 telephone system for purposes other than for an emergency, as defined, an infraction, punishable by specified fines.

(In Assembly Utilities and Commerce Committee)

AB 916 (Samuelian-R) Kidnapping

Increases the penalty to five, 10, or 15 years in state prison for any person who kidnaps a child under the age of 18.

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

AB 924 (Maldonado-R) Trespass

Raises the fines for a first-time trespassing offense from $10 to $75, and raises the fine for a second-time offense from between $100 to $250 to a fine of $250 and changes those offenses from an infraction or misdemeanor to a public offense. Deletes the $1,000 fine and/or confinement in the county jail for a third offense and provides that the offense is a misdemeanor.

Chapter 101, Statutes of 2003

AB 928 (Pacheco-R) Taking a vessel without consent

Provides that it is a misdemeanor for any person to take any motorboat or vessel without the permission of the owner.

Chapter 391, Statutes of 2003

AB 934 (Reyes-D) Fresno County: Child Abduction Prevention Program

Establishes, in Fresno County, until January 1, 2007, upon approval of the board of supervisors, a pilot project requiring each person who files a petition, notice of motion, or other paper in the superior court to determine custody of or visitation with a child, to establish a parent and child relationship, to petition for temporary guardianship of a minor, or to object to the report and recommendation of the mediator determining child custody or visitation, to pay a fee of $25 in addition to other required fees. Requires that those fees be deposited in the Child Abduction Prevention Fund established in the office of the district attorney in Fresno County and be allocated for the purpose of performing specified duties required for the district attorney in certain cases concerning child custody or visitation.

(In Assembly Judiciary Committee)

AB 936 (Reyes-D) Trespass: maternity wards

Defines a specific new form of trespassing applicable to a maternity ward, birthing clinic or natal unit. Requires counseling as a condition of probation for this crime.

Double-jointed with SB 993 (Poochigian-R) and AB 1263 (Benoit-R).

Chapter 355, Statutes of 2003

AB 958 (La Suer-R) Kidnapping

Provides that a person who kidnaps or carries away any child under 14 years of age to commit a lewd and lascivious act, as specified, shall be punished by imprisonment in the state prison for life with the possibility of parole.

(In Assembly Public Safety Committee)

AB 1046 (Firebaugh-D) Assault on jail employees

Provides that the existing wobbler for assault on a custodial offer be extended to persons who are not custodial officers, but who are employed by a law enforcement agency to assist peace officers in maintaining custody of prisoners and who perform tasks related to the operation of a local detention facility.

(In Senate Public Safety Committee)

AB 1105 (Jackson-D) Identity theft

Provides that the statute of limitations for identity theft and offering a false document for recording shall run from the date of discovery.

Chapter 73, Statutes of 2003

AB 1109 (Maddox-R) Justifiable homicide: defense of a fetus

Provides that homicide is justified if committed in defense of a fetus in specified situations involving violence.

(In Assembly Judiciary Committee)

AB 1131 (Jackson-D) Crime

Expands the existing provisions in Penal Code Section 368(d) and (e) which are not applicable to theft and embezzlement against an elder or dependent adult to specifically also include "forgery, fraud, or identify theft" and add "goods" and "services" to the current list of "money, labor, or real or personal property" and adds "obtains" to the current reference to "taken" -- all in Section 368(d).

Chapter 543, Statutes of 2003

AB 1153* (Bermudez-D) Crime

Rewrites and expands the application of penalties of existing Penal Code Section 538(e) pertaining to the unlawful use, wearing, and exhibiting of fire department badges and insignia to include manufacturing, or transfers and other changes, as specified , and adds a new section similar to the amended language in Section 538(e) which is applicable to badges and identification of a "state, county, city, special district, or city and county officer or employee."

(On Assembly Unfinished Business File)

AB 1263 (Benoit-R) Trespass: sterile area of airports

Creates a new crime that, except as permitted by federal law, entering or reentering a sterile area of an airport, as specified, after intentionally avoiding submission to the screening and inspection of one's person and accessible property in accordance with the procedures being applied to control access to that area, is punishable as a misdemeanor (up to six months in jail and/or a fine of up to $1,000). Provides that a violation of this new crime that is responsible for the evacuation, delays or cancellations of scheduled flights is punishable by imprisonment of not more than one year in a county jail (and/or a fine of up to $1,000) if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass, as specified.

Double-jointed with SB 993 (Poochigian-R) and AB 936 (Reyes-D).

Chapter 361, Statutes of 2003

AB 1277 (Cohn-D) High technology crimes

Adds sound recording piracy, illegal sale of live performance, and failure to disclose origin of recording or audiovisual work to the list of crimes that should be a priority for the High Technology Theft Apprehension Prosecution Program.

Chapter 662, Statutes of 2003

AB 1295 (Calderon-D) Elder and dependent adult abuse

Establishes a pilot program in three counties, Los Angeles, San Diego and San Francisco, to develop training materials for employees of financial institutions to recognize and report financial abuse of elderly adults.

(In Assembly Appropriations Committee)

AB 1305 (Bogh-R) Identity theft: driver's license and identification card

Requires, beginning January 1, 2005, the State Department of Motor Vehicles (DMV) to create a fingerprint identification system based on the print of the thumb or finger of an applicant. Requires the fingerprint to be cross-referenced with all other fingerprints in the DMV database in order to authenticate that print and to ensure that each individual is issued only one driver's license and that an individual is not fraudulently obtaining a driver's license in another individuals name.

(In Assembly Transportation Committee)

AB 1432 (Firebaugh-D) Former jeopardy

Allows a person who has been acquitted or convicted under the laws of another country to be tried for the same crime in California. Specifies that a person convicted of a crime for which he or she has been acquitted or convicted in another country is entitled to credit for any actual time served in custody in a penal institution in another country for the crime.

(In Senate Appropriations Committee)

AB 1433 (Spitzer-R) Threats against public officials

Includes the immediate family of the staff in the existing law providing that any person who, with apparent ability and intention to carry out the threat, threatens to kill or cause serious bodily injury to any elected official, county public defender, county clerk, exempt Governor's appointee, judge, deputy commissioner of the Board of Prison Terms, or the staff or a family member of such officials.

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

AB 1440 (Houston-R) Murder: special circumstances

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

(Failed passage in Assembly Public Safety Committee)

AB 1474 (Runner-R) Loitering: transit facilities

Makes it a misdemeanor to refuse to leave a bus or transit facility.

(In Assembly Public Safety Committee)

AB 1493 (Runner-R) Sexual contact with a dead human body

Creates a new felony, punishable by imprisonment in state prison for 16 months, two or three years, for any person to commit sexual penetration of, or have sexual contact with, a dead human body.

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

AB 1499 (Liu-D) Child pornography

Provides that if a person possesses more than 100 items that are prohibited by Penal Code Section 311.11 (matter depicting a minor engaged in actual or simulated sexual conduct), he/she is punishable by imprisonment in a county jail for a period not to exceed one year or in the state prison for 16 months, two years or three years.

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

AB 1692 (Shirley Horton-R) Crime

Expands the scope of the crime of misdemeanor sexual battery.

(In Assembly Public Safety Committee)

AB 1772 (Assembly Banking And Finance Committee) Identity theft

Allows an identity theft victim to obtain information about unauthorized mail receipt and forwarding services, or office rental applications, made in the name of the identity theft victim.

Chapter 90, Statutes of 2003

ACR 28 (Garcia-R) Elder Abuse Prevention Month

Proclaims May 2003 as Elder Abuse Prevention Month and urges all Californians to be aware of elder abuse and educate themselves on ways to prevent the mistreatment of vulnerable, older adults.

Resolution Chapter 44, Statutes of 2003

HR 5 (Cohn-D) On-line privacy

Condemns the practice of on-line piracy, encourages parents to educate their children about the crime of piracy, requests corporate, governmental, and educational institutions to implement policies and measures to ensure the protection of copyrighted works.

Adopted by the Assembly

Procedural

SB 337 (Romero-D) Limitations of time

Adds the crime of the unauthorized practice of law to the list of offenses for which the statute of limitations does not commence until discovery of the offense.

Chapter 152, Statutes of 2003

SB 609 (Dunn-D) Investigative subpoenas: violent felonies

Authorizes the chief executive officer of a law enforcement agency, or a specified designee, to issue subpoenas for the production of certain records from a public utility, bank, credit union, savings association, telephone company or other provider of electronic communication services when investigating a violent felony.

(In Senate Public Safety Committee)

SB 638 (Burton-D) Criminal procedure: verdict form

Changes a verdict of "not guilty" to "not proven" and provides that "not guilty" in all provisions of law shall have the same meaning as "not proven."

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

SB 784 (Karnette-D) Battered women's syndrome: writ of habeas corpus

Extends the sunset date from January 1, 2005 to January 1, 2010, in the provision of law allowing a writ of habeas corpus to be prosecuted on grounds that evidence relating to battered women's syndrome was not introduced at the trial, thereby affecting the outcome of the trial.

Chapter 136, Statutes of 2003

SB 877* (Hollingsworth-R) Criminal procedure: discovery

Prohibits the disclosure of child pornography to a defendant, unless specifically permitted to do so by the courts.

Chapter 238, Statutes of 2003

AB 155 (Kehoe-D) Criminal procedure

Allows the prosecution to request a continuance for good cause in a homicide or forcible sex crime case when DNA analysis, which was requested in a timely manner, is still pending at a laboratory.

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

AB 383 (Cohn-D) Criminal procedure

Requires a defendant charged with a misdemeanor domestic violence offense or a violation of a domestic violence protective order to be present at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a domestic violence protective order.

Chapter 29, Statutes of 2003

AB 543 (Bogh-R) Jurisdiction

Provides that in a criminal action for unauthorized use of the personal identifying information of another for which there is jurisdiction somewhere in California, there shall also be jurisdiction in the county of residence of the person whose personal identifying information is used without authorization. Makes the county of residence of the person whose personal identifying information is used without authorization a proper jurisdiction for the prosecution of multiple offenses of this type.

(In Assembly Public Safety Committee)

AB 837 (La Suer-R) Evidence: hearsay: kidnapping

Expands the exception to the hearsay rule for statements made by a child under 12 years of age describing abuse or neglect to include statements by a child victim of kidnapping.

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

AB 865 (Matthews-D) Jury instruction: criminal procedure

Requires a judge at the outset of a trail to instruct jurors to report any juror perceived to engage in misconduct because he/she "refuses to deliberate," "expresses an intention to disregard the law," or expresses an intention "to decide the case based on penalty, punishment, or any other improper basis." (The instruction proposed in this bill is virtually identical to CALJIC 17.41.1, the further use of which was disallowed by the California Supreme Court in People v. Engelman.)

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

AB 883 (Runner-R) Records: admissible hearsay

Provides that reproductions of files, records, writings, photographs, fingerprints, or other instruments in the official custody of a criminal justice agency that were microphotographed or otherwise reproduced in a manner that conforms with the provisions in existing law that authorize record maintenance procedures for the State Department of Justice and criminal justice agencies shall be admissible to the same extent and under the same circumstances as the original file, record, writing or other instrument would be admissible.

(In Senate Public Safety Committee)

AB 949* (Pavley-D) Statute of limitations: child abuse or neglect

Provides that the statute of limitations in specified child sexual abuse cases will be tolled (time frozen) from the time a party initiates litigation until the end of that litigation, as specified.

Chapter 2, Statutes of 2003

AB 957 (La Suer-R) Obscenity: evidence

Prohibits the introduction to a jury of evidence that is offered as comparable to allegedly obscene matter without a foundational determination by the court that the proffered evidence is similar to the material alleged to be obscene and enjoys a reasonable degree of community acceptance.

(In Assembly Public Safety Committee)

AB 963 (Bogh-R) Criminal street gangs

Expands the use of expert testimony in gang-related cases.

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

AB 1050 (Pacheco-R) Criminal proceedings

Provides that there shall be no requirement of a finding of good cause to grant a prosecution motion to continue a felony trial if the new trail date is not more than 60 days from the date of the defendant's arraignment on the information or indictment, or if the new trial date is not more than 10 days from a trial date set following the defendant's waiver of the specified trial date requirement, provided there exists a legitimate, good faith reason for the continuance.

(In Assembly Public Safety Committee)

AB 1138 (Frommer-D) Search warrants

Provides that documents and records of the court relating to a search warrant is not open to the public until the expiration of the statute of limitations for all of the offenses set forth in the warrant and supporting documents, or until ordered by the issuing magistrate following notice to the peace officer who executed the warrant and upon a finding that public disclosure does not adversely affect a continuing criminal investigation.

(In Assembly Public Safety Committee)

AB 1249 (Pacheco-R) Criminal procedure: subpoenas

Provides that in a criminal case, documents requested through a subpoena duces tecum shall be returned to the court and not to the requesting attorney.

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

AB 1273 (Nakanishi-R) Criminal procedure

Codifies existing case law, which provides that the courts may not dismiss a case due to a failure to meet the good cause requirements for a continuance, before the expiration of the 60-day statutory limit.

Chapter 133, Statutes of 2003

AB 1438 (Longville-D) Seizure of business records

Provides a procedure for an entity whose business records have been seized by a government agency, to demand that the agency provide to it within five business days, copies of the documents seized.

Vetoed by the Governor

AB 1439* (La Suer-R) Criminal procedure: discovery

Prohibits an attorney representing a person accused of obscenity-related offenses from receiving copies of the material in preparation of his/her defense.

(In Assembly Public Safety Committee)

AB 1653 (Mullin-D) Appeals: attorneys: contempt

Provides a right of appeal from judgements of contempt orders for monetary sanctions or award of attorney's fees for attorneys in criminal actions.

(In Senate Public Safety Committee)

AB 1773 (Assembly Banking And Finance Committee) Search warrants: identity theft

Provides that when the property or things to be seized, pursuant to a warrant, constitute evidence that tends to show a violation of Section 530.5 (identity theft and possession of identifying information with intent to defraud) the magistrate may issue a warrant to search a person or property located in another county, if the person whose identifying information was taken or used resides in the same county as the issuing court.

Chapter 137, Statutes of 2003

Juries

SB 307 (Ackerman-R) Grand juries

Relocates provisions relating to the civil grand jury, or a combined civil and criminal grand jury, to the Government Code; and enacts a new provision governing the impaneling of a grand jury with power to issue indictments. Amends and repeals various provisions of the Penal Code relating to grand juries.

(In Senate Judiciary Committee)

AB 270 (Bates-R) Jury service: peace officer exemption

Exempts harbor and port police from civil or criminal jury duty.

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

AB 312 (Spitzer-R) Grand juries: final reports

Authorizes a grand jury to provide the local agency that is the subject of its report the "evidentiary material, findings, and other information relied upon by, present to, the grand jury for that final report." Specifies that if all of the relevant documents and written materials are not released to the local agency subject to the final report, then comments from that local agency are not required. Extends the post-term availability of grand jurors from 45 to 120 days.

(In Assembly Local Government Committee)

AB 513 (Matthews-D) Juries: peace officers

Requires the State Judicial Council, on or before January 1, 2005, to adopt a rule of court requiring trial courts to establish procedures for jury service that gives probation and correctional officers scheduling accommodations when necessary.

Chapter 353, Statutes of 2003

AB 865 (Matthews-D) Criminal procedure: jury instructions

Requires a judge at the outset of a trial to instruct jurors to report any juror perceived to engage in misconduct because he/she "refuses to deliberate," "expresses an intention to disregard the law," or expresses an intention "to decide the case based on penalty, punishment, or any other improper basis." (The instruction proposed in this bill is virtually identical to CALJIC 17.41.1, the further use of which was disallowed by the California Supreme Court in People v. Engelman (2002) 28 Cal.4th 436.)

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

AB 1180 (Harman-R) Jury duty

Allows a court to impose specified monetary sanctions for failure to perform jury service, as an alternative to contempt proceedings.

Chapter 359, Statutes of 2003

AB 1397 (Longville-D) Trial juries: jurors' rights

Requires the Judicial Council to adopt a rule of court establishing special scheduling accommodations for small businesses having five or fewer employees when an employee is summoned for jury service while a co-employee is already on jury service. Prohibits an employer from requiring an employee summoned for jury service to use vacation, personal leave, or compensatory time off available to that employee for time spent complying with jury service. (As with the current prohibition on discharging an employee for taking time off for jury service, violation of the new prohibitions is a misdemeanor.)

(In Senate Labor and Industrial Relations Committee)

Juvenile Justice

SB 222 (Margett-R) Juvenile justice: punishment

Enacts a new section of law to provide that any person, who is 18 years of age or older at the time of their disposition as a delinquent ward of the court, may be committed by the court to a county jail for a period not to exceed one year, if specified requirements are met.

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

SB 291 (Florez-D) Community care facilities: juvenile group homes

Requires a group home, as a condition of initial licensure, to conduct an outreach awareness program, including a public hearing with the city or county planning authority in which the facility will be located.

(In Senate Health and Human Services Committee)

SB 381 (Oller-R) Group homes: placement of minors

Prohibits the placement of certain juvenile offenders in group homes located in neighborhoods that are zoned residential.

(In Senate Public Safety Committee)

SB 382 (Oller-R) Group homes: juvenile sex offenders

Requires applicants for a license or permit to operate or manage a group home for minors required to register as sex offenders to provide notice to the city or county as well as the local law enforcement agency of the community in which the home is to be located.

(In Senate Public Safety Committee)

SB 442 (Vincent-D) Juvenile justice: home supervision

Changes the current probation caseload requirement for minors on home supervision in counties that employ a method of home supervision, including electronic surveillance, from no more than 15 minors to a size determined by the chief probation officer, in accordance with a memorandum of understanding executed with the appropriate employee bargaining unit.

(In Senate Public Safety Committee)

SB 459 (Burton-D) Youthful Offender Parole Board: consolidation

Consolidates the operations of the Youthful Offender Parole Board under the State Department of the Youth Authority and makes related changes to the juvenile law.

Chapter 4, Statutes 2003

SB 519* (Vasconcellos-D) Nonviolent drug possession

Provides that when a State Department of the Youth Authority (DYA) parolee commits a nonviolent drug possession offense, he or she shall be given drug treatment in his or her community of residence, rather than being returned to confinement in the DYA. Directs the DYA to fund drug treatment by redirecting savings realized from not returning individuals to DYA facilities. Provides that subsequent funding will be provided through the annual Budget Act.

(At Assembly Desk)

SB 591 (Scott-D) Dependent children: caregiver information

Directs child protective service agencies to provide the caregivers of foster children specific personal information relating to the child and the child's case, within a specified time frame.

Chapter 812, Statutes of 2003

SB 653 (Florez-D) Juvenile court records: confidentiality

Revises existing law to additionally authorize any governmental entity that is authorized by law to conduct an audit or similar activity in connection with the administration of public social services, including any committee or legislative body so authorized, with access to any public social service applications and records, to inspect those case files, as specified. Authorizes a grand jury that acts in accordance with specified requirements relating to the release of material that may identify individuals who provided information to the grand jury, to inspect those files. Makes conforming changes to the confidentiality requirements imposed on grand juries.

(In Senate Judiciary Committee)

SB 950 (Alarcon-D) Dependent children: education

Authorizes the juvenile court to adjudge a child who comes within the definition of a habitual truant as a result of the willful failure of a parent, guardian, or other person having control or charge of the child to ensure that the child attends school, to be a dependent child of the juvenile court.

(Died in Senate Health and Human Services Committee)

AB 44* (Pacheco-R) Dependent children: juvenile court hearings

Enacts substantive clean-up language to SB 1956 (Polanco-D), Chapter 416, Statutes of 2002, that revised and recast the notice provisions associated with dependency hearings. Reenacts a provision that was chaptered out by another bill, thus resolving a technical conflict in current law. Restores the Welfare and Institutions Code designations for specific hearings to maintain continuity and to avoid costs of renaming court forms and reorienting users to new code references. Inserts references to new renumbered notice provisions where relevant, to avoid confusion. Restores the prescribed time for service of notice by publication of a hearing to terminate parental rights from 45 days to 30 days, as it was prior to passage of SB 1956. Clarifies the court's discretion relating to subsequent notices of a hearing to terminate parental rights.

(On Assembly Unfinished Business File)

AB 319 (Frommer-D) Juvenile offenders: prohibition of firearms

Adds offenses involving carrying concealed or loaded firearms, including firearms in vehicles, to the offenses which if committed by juveniles result in a prohibition on the possession of firearms until age 30, punishable as an alternative misdemeanor or felony, as specified. Double-jointed SB 226 (Cedillo-D), SB 238 (Perata-D), and AB 1290 (Jackson-D).

Chapter 490, Statutes of 2003

AB 355 (Pacheco-R) Juvenile justice: escape from custody

Revises the statute that punishes escapes from local juvenile facilities to (1) include and define regional facilities, and (2) include escapes or attempted escapes outside or away from a juvenile facility while under the custody of probation or the police.

Chapter 263, Statutes of 2003

AB 408 (Steinberg-D) Dependent children

Makes changes in dependency law to help achieve permanency for older foster youth.

Chapter 813, Statutes of 2003

AB 441 (Matthews-D) Juveniles: court-ordered evaluations

Authorizes a court to order an evaluation at an outpatient mental health site if the court is in doubt as to whether a minor is mentally disordered or mentally retarded.

(In Assembly Health Committee)

AB 524 (Haynes-R) Dependent children

Requires that, when a child services agency takes a child into protective custody due to suspected neglect or abuse by a parent or guardian, as described in Section 300 of the Welfare and Institutions Code, the child shall be released to the parent or guardian immediately, but not more than two working days after the court has issued the release order.

Chapter 306, Statutes of 2003

AB 579 (Chu-D) Dependent children: notice to siblings

Requires the local child services agency or the clerk of the court to provide notice of court hearings to certain known siblings of a child, who is the subject of a juvenile court proceeding, unless the sibling is already required to be in court on the same day and on the same matter. Double-jointed with AB 44 (Pacheco-D) and AB 408 (Steinberg-D).

Chapter 558, Statutes of 2003

AB 945 (Nunez-D) Detention of minors in adult facilities

Provides that a minor may be detained in a jail or other secure facility for the confinement of adults, under specified existing circumstances, only if the court makes its findings on the record and, in addition, finds that the minor poses a danger to the staff, other minors in the juvenile facility, or to the public because of the minor's failure to respond to the disciplinary control of the juvenile facility, or because the nature of the danger posed by the minor cannot safely be managed by the disciplinary procedures of the juvenile facility.

Chapter 332, Statutes of 2003

AB 962 (La Suer-R) Detention of minors: peace officers

Substitutes a Health Facility Minor Release Report, signed by both birth parents and prospective adoptive parents for a signed adoption placement agreement, as a requirement for preventing a peace officer from taking into temporary custody at the hospital a newborn who tested positive for illegal drugs or whose mother tested positive for illegal drugs.

Adds, to the conditions that allow a peace officer, without a warrant, to take such newborns into temporary custody, the requirement that an attorney, an adoption agency, or an adoption service provider has provided documentation that he or she or the agency represents the prospective adoption parents or the birth parents for purposes of the adoption.

Chapter 568, Statutes of 2003

AB 1372 (Yee-D) Dependent children: jurisdictional hearings and hearsay

Provides an exception to existing law holding hearsay evidence as inadmissible if the hearsay declarant is a minor under the age of 12 years who is disqualified as a witness because he/she lacks the capacity to distinguish between truth and falsehood at the time of testifying and the court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability.

(In Assembly Judiciary Committee)

AB 1469 (Negrete McLeod-D) Dependent children: supplemental reports

Provides, applicable only in Los Angeles County, that a social worker's required furnishing of a copy of a supplemental report concerning a dependent child at least 10 calendar days prior to a status review hearing may be accomplished by mailing the report at least 15 calendar days prior to the hearing. Requires the court to grant a continuance.

Chapter 516, Statutes of 2003

AB 1641* (Keene-R) Court emergencies

Allows courts, with the approval of the Chair of the Judicial Council of California, to declare specified days in which emergencies have interfered with court proceedings to be "court holidays" for the purposes of extending certain court deadlines.

Chapter 293, Statutes of 2003

AB 1710 (Assembly Judiciary Committee) Courts: minors and dependent children

Addresses problems the courts have encountered in issuing and serving restraining orders where a ward of the court is involved, as well as makes technical corrections to incorrect statutory references in related provisions.

Chapter 365, Statutes of 2003

AB 1758* (Assembly Budget Committee) Public safety

Increases the $150 per month fee that counties are required to pay to the State Department of the Youth Authority (DYA) for each ward committed to the DYA from the county to $176 per month, and redefines per capita institutional cost as $36,504, which represents the cost charged as of January 1997, and provides that the fee is adjusted annually for inflation.

Authorizes the State Board of Corrections to use up to $275,000 of the funding for the juvenile justice crime prevention program for administrative purposes.

Chapter 158, Statutes of 2003

ACR 128 (Corbett-D) Juvenile courts

Recognizes the 100th anniversary of California's juvenile courts.

Resolution Chapter 147, Statutes of 2003

Corrections

SB 38 (Denham-R) Organ and tissue donation: incarcerated persons

Requires the forms provided by the State Department of Motor Vehicles to drivers license applicants for purposes of allowing licensees to identify themselves as organ and tissue donors to include a provision allowing the donor to indicate whether they want to prohibit donation of their organs and tissues to incarcerated persons.

(In Senate Health and Human Services Committee)

SB 42 (Ackerman-R) State prison inmates: sexually explicit materials

Authorizes the State Department of Corrections in statute to prohibit prison inmates from having any matter containing a "sexually explicit image" that depicts frontal nudity in a pictorial format and to define "sexually explicit image" to mean material that shows frontal nudity of either gender, including the exposed female breast or the genitalia of either gender.

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

SB 48 (McPherson-R) Prisons

Conforms the primary purpose of California Institute for Men to the primary purpose of the two oldest prisons in California (Folsom and San Quentin).

(In Assembly Public Safety Committee)

SB 84* (Vasconcellos-D) Drug treatment

Provides that specified probationers who commit a nonviolent drug possession offense shall participate in and complete a Proposition 36 court-ordered treatment program.

(On Assembly Third Reading File)

SB 206* (Brulte-R) Pelican Bay State Prison: expanded inmate canteen program

Requires that the State Department of Corrections establish a pilot program at Pelican Bay State Prison to replace the Inmate Quarterly Package Program with an expanded inmate canteen program, as specified.

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

SB 278 (Ducheny-D) Prisoners

Requires the State Department of Corrections (DOC) to adopt policies and procedures for drug utilization that will optimize efficacy and cost efficiency within the correctional system, as specified, and to report back to the Legislature by December 1, 2004, on the impact of these requirements. Requires DOC, notwithstanding any other provision of law, to release on parole placement to a medical facility prisoners for whom one or more of listed medical conditions are met, and who are determined by DOC not to pose a threat to public safety, as specified. Provides that these provisions do not apply to a condemned inmate.

Vetoed by the Governor

SB 284 (Brulte-R) DNA and forensic identification: felons

Provides that any person who is convicted of any felony offense, or is found not guilty by reason of insanity of any felony offense shall be required to provide two specimens of blood, a saliva sample and a full palm print impression for entry into the DNA data bank.

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

SB 299 (Knight-R) Inmates: organ transplants

Excludes condemned inmates from being eligible to receive an organ transplant.

(Failed passage in Senate Public Safety Committee)

SB 404 (Florez-D) Inmate medical records

Requires the Director of the State Department of Corrections to develop and implement a paperless intranet system for inmate health care records by January 1, 2007. Requires the State Department of Information Technology to manage the project.

(Held under submission in Senate Appropriations Committee)

SB 549 (Vasconcellos-D) Inmates: geriatric facilities

Enacts specified legislative findings and declarations regarding geriatric inmates and inmates with disabilities in California prisons. Requires the State Department of Corrections to contract with public or private entities for the establishment and operation of skilled nursing facilities that are solely dedicated to the incarceration and care of inmates who are limited in ability to perform activities of daily living and who are in need of skilled nursing services. (The skilled nursing facility will address the long-term care of inmates as needed and will be designed to maximize the personal security of inmates, to maximize the security of the facility and to ensure the safety of the outside community.)

Chapter 708, Statutes of 2003

SB 599 (Perata-D) Drug diversion: sealed records

Provides for the sealing of arrest records for any person who successfully completes a court-administered drug diversion program, except where such a record should be open for purposes of peace officer applications and future drug diversion programs.

Chapter 792, Statutes of 2003

SB 781 (Margett-R) State Board of Prison Terms: parole

Authorizes a judge, attorney, or law enforcement agency notified by the State Board of Prison Terms of a parole hearing for a prisoner sentenced to a life sentence to submit information about the prisoner by electronic facsimile or electronic mail, pursuant to procedures established by the State Department of Corrections.

Chapter 302, Statutes of 2003

SB 881 (Hollingsworth-R) Parole: sex offenders: Global Positioning System

Requires that any state prison inmate released on parole following imprisonment for a sex crime defined as a violent crime, "one strike" sex crimes, and habitual sexual offenders be monitored by a Global Positioning System for the term of parole, as specified.

(Failed passage in Senate Public Safety Committee)

SB 883 (Margett-R) Prisoners: DNA and forensic samples

Requires that any person convicted of any offense that makes him/her a sex offender or any offense that imposes upon a person the duty to register in California as a sex offender, or any person who is found not guilty by reason of insanity of any of those offenses, regardless of sentence imposed or disposition rendered, provide two specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of each hand for law enforcement identification analysis.

(In Senate Public Safety Committee)

SB 941 (Bowen-D) Punishment: narcotic addicts

Requires probation officers to inquire into and report to the court, at the appropriate time, regarding the defendant's eligibility for commitment as a narcotic addict, and to include his/her findings in the report filed with the court.

(In Senate Public Safety Committee)

SB 973 (Machado-D) State property: prisoners

Authorizes the State Department of General Services to enter into an agreement with federal authorities to sell, lease, or exchange land at the Northern California Women's Facility, which is a correctional institution under the jurisdiction of the State Department of Corrections, under conditions that are in the best interest of the state.

Chapter 717, Statutes of 2003

SCA 8 (Vasconcellos-D) Prisoners: rehabilitation

Requires the Director of the State Department of Corrections to evaluate each inmate coming into the system after January 1, 2005, with the exception of inmates serving a life without possibility of parole sentence, with respect to educational, vocational and psychosocial levels of development and capacity.

(Held under submission in Assembly Appropriations Committee)

SCR 47 (Alpert-D) Eugenics

Expresses the profound regret of this Legislature over the state's past role in the eugenics movement, and urges every citizen of the state to become familiar with the history of the eugenics movement, in the hope that a more educated and tolerant populace will reject any similar abhorrent pseudoscientific movement should one arise in the future.

Resolution Chapter 130, Statutes of 2003

SR 20 (Alpert-D) Eugenics

Describes the goals and practice of eugenics, the eugenics-related legislation passed in California in 1909 that allowed the involuntary sterilization of "sexual and moral degenerates" who were prisoners and certain inmates of state hospitals and institutions, and the resulting sterilization of approximately 20,000 Californians.

Adopted by the Senate

SB 13X (Senate Budget And Fiscal Review Committee) Correctional peace officer training

Changes the current 16-week Basic Officer Academy to a 12-week academy with a four-week on the job training component.

Chapter 5, Statutes of 2003, First Extraordinary Session

SB 15X (Senate Budget And Fiscal Review Committee) State Department of Corrections: work and compliance credits

Provides that a prisoner who is willing to participate in a full-time credit qualifying assignment, but is either not assigned to a full-time assignment or assigned to a program for less than full-time, and who is not excluded by specified criteria, to receive the same credit awarded to prisoners performing in full-time credit qualifying assignments.

Vetoed by the Governor

AB 2* (Bogh-R) Victims: appearances at parole hearings

Provides that victims and specified victim representatives authorized to appear at either an adult or youthful offender parole hearing shall have the right to speak last at those hearings, and expands the type of information that victims may submit during a sentencing or parole hearing to specifically include a statement stored on a CD ROM, DVD, or any other recording medium acceptable to the court or the Board of Prison Terms. Extends the sunset on two member board panels of two persons from 2003 until 2005.

(On Assembly Inactive File)

AB 168 (Maze-R) Imprisonment

Provides that Tulare County may establish a pilot program to utilize its jail facilities to detain persons sentenced to serve time under the authority of a jurisdiction outside of California, as long as the beds used by those persons are not needed for inmates of the County of Tulare.

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

AB 191* (Cogdill-R) Conservation camps

Requires the State Department of Corrections to house at the Central California Women's Facility or the Valley State Prison for Women (both near Chowchilla in the Central Valley) up to 120 inmates trained as conservation camp inmates to fight fires and perform public conservation projects.

(In Assembly Appropriations Committee)

AB 230 (Leno-D) Parole: nonviolent violations

Authorizes the parole authority to impose intermediate sanctions against any parolee for a violation of a condition of parole, in the absence of a new conviction and commitment to the state prison under other provisions of law, except in cases in which the parolee is classified as high-risk, or the parole violation involves a violent or serious felony or involves the control of, access to, or use of a weapon.

(In Assembly Public Safety Committee)

AB 280 (Maldonado-R) Imprisonment: parole hearings

Allows the State Board of Prison Terms (BPT) to schedule the next parole hearing no more frequently than every five years if the BPT does not set a parole date at its initial parole review meeting.

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

AB 289 (Plescia-R) Organ and tissue donation: inmates

Authorizes a donor to designate that an anatomical gift made by that donor shall not be donated to any person incarcerated in the state prison or a county jail.

(In Assembly Health Committee)

AB 384 (Leslie-R) Tobacco products: State Department of Corrections

Eliminates tobacco products from the list of items that may be sold at State Department of Corrections and State Department of the Youth Authority facilities.

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

AB 440 (Maldonado-R) Parole hearings

Requires the State Department of Corrections to provide facilities for the viewing of parole hearings, either in person or via a closed circuit television, that can accommodate up to 150 people.

(In Assembly Public Safety Committee)

AB 519 (Strickland-R) Rehabilitation: faith-based and morals-based program

Requires the Director of the State Department of Corrections to develop and implement a pilot program establishing a faith-based or morals-based rehabilitation program in the California prison system. Requires that the program allow inmates to choose between religious or secular options.

(In Assembly Public Safety Committee)

AB 912 (Reyes-D) Prisoners: restitution

Authorizes the Director of the State Department of Corrections to deduct a maximum of 20 percent of the balance owing on a court awarded fine amount, whichever is less, from the wages and trust account deposits of a prisoner, unless prohibited by federal law, for transfer to the California Victim Compensation and Government Claims Board for deposit in the Restitution Fund in the State Treasury.

(In Assembly Public Safety Committee)

AB 945 (Nunez-D) Detention of minors in adult facilities

Provides that a minor may be detained in a jail or other secure facility for the confinement of adults under specified existing circumstances, only as specified.

Chapter 332, Statutes of 2003

AB 979 (Negrete McLeod-D) Employer-employee relations: corrections: arbitration

Establishes a procedure for arbitration of grievances filed by supervisory employees of the State Department of Corrections (DOC) or the State Department of the Youth Authority (DYA), including a mini-arbitration procedure, for arbitration of a grievance alleging a violation of the DOC Manual or the DYA Manual.

(In Assembly Public Employees, Retirement and Social Security Committee)

AB 994 (Cox-R) Prison beds

Requires that the assessment and inventory provisions, contained in the Planning and Zoning Law, to be included in the city or county general plan to include the amount of land within the city or county owned by the state or federal government and unable to be rezoned by the city or county.

(In Assembly Local Government Committee)

AB 1042 (Parra-D) Inmates: use of pepper spray in mental health facilities

Requires the State Department of Mental Health (DMH) to issue pepper spray to medical technical assistance while on duty and working in DMH facilities within state prisons, as specified.

(On Assembly Inactive File)

AB 1146 (Runner-R) Parole

Prohibits an inmate released on parole for child molestation or continuous sexual abuse of a child from being placed or residing, for the duration of parole, within one-quarter mile of a child-care facility.

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

AB 1219 (Montanez-D) Prisoners: inmate education

Enacts the Prison Education Reform Act. Establishes, within the State Department of Corrections (DOC), a Correctional Board of Education to oversee all correctional education activities and to appoint a Superintendent of Correctional Education to administer education programs within DOC.

Vetoed by the Governor

AB 1306 (Leno-D) Drug treatment under Proposition 36

Provides that where close judicial supervision of a probationer in a Proposition 36 case is necessary, the court in the county of conviction can require transfer of jurisdiction of the case to the county of the probationer's residence.

(On Assembly Unfinished Business File)

AB 1308 (Goldberg-D) Local correctional facilities: indigent addicts

States that it is the intent of the Legislature to sustain and enhance the system of care for all persons needing specified drug and alcohol abuse services who are inmates in the state prison.

Vetoed by the Governor

AB 1341 (Bermudez-D) Corrections: health care

Provides that for the purpose of determining the appropriate level of health care service to be provided to inmates, the State Department of Corrections shall adopt the standard of care delivered to Medi-Cal recipients.

(In Assembly Public Safety Committee)

AB 1442 (La Suer-R) Parole: sex offenders: Global Positioning System

Creates a three-year pilot project in San Diego County to monitor 15 high risk sex offender parolees using a Global Positioning System.

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

AB 1504 (Spitzer-R) Release

Requires a prosecutor to notify the victim or next of kin of the victim about a hearing on the release of a defendant who has been found not guilty by reason of insanity from a treatment facility to an outpatient facility.

(In Senate Appropriations Committee)

AB 1530 (Negrete McLeod-D) Community prison mother program

Adds additional notice requirements to the Community Prison Mother Program and to make related changes in that program.

(In Senate Public Safety Committee)

AB 1533 (Bermudez-D) Drug treatment furlough program

Requires the State Department of Corrections to contract with public agencies and nonprofit organizations to provide drug treatment furlough programs for inmates convicted of nonviolent offenses, as specified, 180 days prior to release.

(In Assembly Appropriations Committee)

AB 1758* (Assembly Budget Committee) Public safety

Requires the State Department of Corrections (DOC) to establish an overtime cap for correctional officers. Authorizes the use of up to $275,000 by the Board of Corrections (BOC) for administrative purposes from money derived form the Supplemental Law Enforcement Services Fund. Eliminates the authority of the BOC to make grants to local law enforcement entities, as specified. Authorizes the Inspector General to conduct a management review audit of any warden or superintendent. Repeals provisions in existing law allowing the Director of the State Department of General Services to purchase and construct facilities, as specified. Requires, beginning July 1, 2003, counties to pay either $176 per month or a specified percentage of the per capita institutional cost. Requires the State Department of the Youth Authority to close a facility with a specified design capacity by March 1, 2005. Restricts DOC from reducing the total number of filled educational positions as of June 30, 2003. Suspends, for two years, the appropriation and allocation to specified small and rural county sheriffs' departments to enhance law enforcement.

Chapter 158, Statutes of 2003

AB 1760* (Assembly Budget Committee) Corrections

Decreases the maximum deduction to transfer to the Restitution Fund from a prisoner's wages and trust account deposits form 50 percent to 30 percent and decreases the administration fee from 10 percent to five percent. Requires the Administrative Office of Courts to establish a workgroup to review current policies and process by which criminal fines and penalties are imposed by the courts and to report findings and recommendations to the Legislature by January 1, 2004.

(On Assembly Unfinished Business File)

ACA 8 (Garcia-R) Governor's pardon power

Proposes to the people of the State of California that the State Constitution be amended to state that the Governor may not grant a pardon or commutation during the period form one month before the gubernatorial election until the commencement of the next tern for the Office of Governor.

(Failed passage in Assembly Public Safety Committee)

AB 12X (Oropeza-D) Reductions in the Budget Act of 2002 relating to corrections

Requires the State Department of Corrections to make changes to its state operations related to employee training and terms of incarceration.

(Died on Senate Third Reading File)

Victims' Rights

SB 427 (Dunn-D) Mexican repatriation: commission

Creates the Commission on the 1930's Repatriation Program (Commission), relative to people of Mexican descent, with specified powers and duties, to consist of 12 voting members and four ex officio members, as specified, whose terms are for the duration of the Commission. Requires the Commission to, among other things, gather facts regarding, and conduct a study of, the unconstitutional removal and coerced emigration of United States citizens and legal residents of Mexican descent, between 1929 and 1944, to Mexico during the 1930's "Repatriation" Program. Requires the Commission to hold public hearings and make a written report to the Governor and the Legislature concerning its actions and its findings.

(In Senate Rules Committee)

SB 478 (Dunn-D) Victims of crime: work absences for judicial proceedings

Enables employees who are crime victims, the immediate family members of crime victims, the registered domestic partners of crime victims, and the children of the registered domestic partners of crime victims to be absent from work to attend scheduled judicial proceedings.

Chapter 630, Statutes of 2003

SB 933 (Dunn-D) Victims of wrongful or coerced reparation

Enacts a one-time limitations period of two years for claims arising out of the alleged deportation and coerced emigration of United States citizens and residents of Mexican descent during the period from 1929 to 1944.

Vetoed by the Governor

AB 2* (Bogh-R) Crime Victims United of California

Provides that victims and specified victim representatives authorized to appear at either an adult or youthful offender parole hearing shall have the right to speak last at those hearing. Expands the type of information that victims may submit during a sentencing or parole hearing to specifically include a statement stored on a CD ROM, DVD, or any other recording medium acceptable to the court or the State Board of Prison Terms.

(On Assembly Third Reading/Inactive File)

AB 20 (Lieber-D) Victims of crime

Redefines dependent adult and expand the provisions on abuse and theft crimes against dependent adults, to provide protections to dependent persons in court, to make failure to report abuse a continuing offense, and to create a jury instruction to be used when a dependent person is a witness.

(In Senate Public Safety Committee)

AB 101 (La Suer-R) Restitution

Consolidates several Penal Code sections relative to restitution orders made as a term and condition of probation, restitution fines, and civil restitution orders that permit a victim to pursue a defendant's assets to satisfy the order.

(On Assembly Inactive File)

AB 283* (Campbell-R) Claims against the state

Appropriates $2,017,905.90 from various funds to pay 467 claims against 37 state agencies. The funds are appropriated to the Executive Officer of the California Victim Compensation and Government Claims Board (Board) for payment of equity claims approved by the Board.

(On Assembly Unfinished Business File)

AB 976* (Montanez-D) Victims of crime: authorized representative

Adds restrictions to the law pertaining to person who may assist victims, and derivative victims, of crime who are submitting applications under the Victims of Crime Program to the California Victim Compensation and Government Claims Board.

Chapter 281, Statutes of 2003

AB 1302* (Simitian-D) Claims against the state: appropriation

Appropriates $428,000 from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim in the matter of Quedellis Ricardo Walker, upon the approval of the board, as specified.

Chapter 475, Statutes of 2003

AB 1760* (Assembly Budget Committee) Victims of crimes

Requires the California Victim Compensation and Government Claims Board, until January 1, 2007, to determine fund condition and reduce payments by the percentage necessary to ensure solvency. Limits the total aggregate award to a victim and all derivative victims, currently each victim, to $35,000, except where the victim is permanently disabled.

(On Assembly Unfinished Business File)

Weapons

SB 35 (Scott-D) Firearms: ballistic identification

Requires the State Department of Justice to establish and maintain a qualified database containing specified information, including ballistic identifiers, for individual firearms, no later than January 1, 2005, unless a database containing the same information is established under the authority of a federal agency.

(On Senate Appropriations Suspense File)

SB 166* (Scott-D) Firearms

Expresses the intent of the Legislature regarding the exceptions to the "unsafe handgun" to these prohibitions in existing law as applicable to law enforcement agencies and officers. Provides that the fact that a firearm purchased, used, or possessed by law enforcement entities, as specified, is not tested for purposes of determining if the firearm is un unsafe handgun, or the fact that the firearm is not listed on the roster of firearms determined not to be unsafe, shall not be evidence in a civil action against specified government entities, law enforcement agencies or municipalities.

(In Senate Judiciary Committee)

SB 190 (Scott-D) Semiautomatic firearms: chamber load indicators

Adds to the existing "unsafe handgun" law requirements for semiautomatic pistols, as specified.

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

SB 226 (Cedillo-D) Firearms: elder and dependent adult abuse

Adds persons subject to a protective order involving elder or dependent adult abuse to the existing prohibitions and penalties for persons who are the subject of a protective or restraining order and are prohibited from purchasing, owning, receiving, or possessing firearms, as specified, and to make a variety of other related changes to law pertaining to firearms and protective orders. Double-jointed with AB 319 (Frommer-D) and SB 238 (Perata-D).

Chapter 498, Statutes of 2003

SB 238 (Perata-D) The Dangerous Weapons Control Law: various changes

Enacts a series of changes to the law relating to deadly weapons which seek to address issues noted in various court decisions and which have arisen because of questions concerning the implementation of prior legislation. Double-jointed with AB 50 (Koretz-D), AB 319 (Frommer-D), SB 226 (Cedillo-D), and AB 1390 (Jackson-D).

Chapter 499, Statutes of 2003

SB 255 (Ducheny-D) Firearm eligibility checks

Provides a procedure to allow an individual to request a determination by the State Department of Justice whether or not the individual is eligible to purchase a firearm without the necessity of a firearm purchase.

Chapter 298, Statutes of 2003

SB 357 (Perata-D) Firearms

Makes numerous changes to existing law relative to reporting by law enforcement agencies when that agency takes a weapon into custody that is either illegally possessed or has been used in a crime. Requires a firearm dealer to record the date on which a firearm is delivered. Adds to the list of destructive devices any flame-thrower designed to be used as a weapon.

(In Senate Public Safety Committee)

SB 435 (Knight-R) Concealed handgun licenses

Provides for a pay as you go process for the licensing fee collections to carry handguns in public, as specified.

(In Assembly Public Safety Committee)

SB 489 (Scott-D) Semiautomatic firearms: chamber load indicators

Adds, beginning January 1, 2006, to the existing unsafe handgun law requirements for semiautomatic pistols, relative to a center fire semiautomatic pistol that is not already determined not to be an unsafe handgun listed on the State Department of Justice roster of handguns found to not be "unsafe" (it does not have either a chamber load indicator, or if it has a detachable magazine, a magazine disconnect mechanism) and therefore available for sale new in California, pursuant to Section 12131 of the Penal Code.

Chapter 500, Statutes of 2003

SB 601 (Perata-D) .50 caliber handguns

Adds .50 caliber handguns to the list of weapons prohibited in California.

(Held under submission in Senate Appropriations Committee)

SB 824 (Scott-D) Licensed firearms dealers

Repeals and recasts the provisions of law pertaining to licensed firearms dealers' security requirements in cities and counties with smaller populations.

Chapter 502, Statutes of 2003

AB 50 (Koretz-D) .50 caliber BMG rifles and ammunition: regulation

Adds .50 caliber BMG rifles, as defined, to the Roberti-Roos Assault Weapons Control Act of 1989, thereby requiring registration.

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

AB 161 (Steinberg-D) Firearms

Expands the existing specified limitations on the use of the funds in the Dealer's Record of Sale Special Account of the General Fund by adding use by the State Department of Justice (DOJ) for the costs associated with funding DOJ firearms-related regulatory and enforcement activities related to the sale, purchase, loan, or transfer of firearms pursuant to Chapter 1 of the Dangerous Weapons Control Law. Appropriates $548,000 from the Dealer's Record of Sale Special Account to DOJ to implement the Firearms Trafficking Prevention Act of 2002.

Chapter 754, Statutes of 2003

AB 201 (Samuelian-R) Firearms

Exempts an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the Untied States from having to obtain a handgun safety certificate in order to purchase a handgun, and requires a dealer to provide persons exempted with a copy of the Handgun Safety Certificate Handbook.

(Failed passage in Assembly Public Safety Committee)

AB 319 (Frommer-D) Juvenile offenders: firearms

Adds offenses involving carrying concealed or loaded firearms, including firearms in vehicles, to the offenses which if committed by juveniles result in a prohibition on the possession of firearms until age 30, punishable as an alternative misdemeanor or felony.

Chapter 490, Statutes of 2003

AB 336 (Parra-D) Handgun safety certificates

Eliminates the requirement to renew a handgun safety certificate.

(Failed passage in Assembly Public Safety Committee)

AB 462 (Haynes-R) Concealed firearms licenses

Mandates a finding of good cause to issue a concealed weapons permit when the individual applying has been a victim of domestic violence or a hate crime.

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

AB 580 (Nunez-D) Firearms

Provides that a person who, following successful completion of probation, has obtained dismissal of the underlying charges, cannot legally possess a firearm, whether handgun or long gun, if the underlying offense includes or results in a firearm possession ban.

Chapter 49, Statutes of 2003

AB 602 (Koretz-D) Ammunition: Trauma Center Fund

Imposes a fee of 10 cents on every munition sold at retail to be paid to the State Board of Equalization, and deposited in the Trauma Center Fund, a continuously appropriated fund that is established by the bill. Provides that the fund be used to reimburse emergency services providers for the costs of treating gunshot wounds and injuries, as specified. Provides that the funds in the fund be allocated by the Emergency Medical Services Authority to the medical providers by a specified formula.

(In Assembly Public Safety Committee)

AB 992 (Ridley-Thomas-D) Ammunition: Firearm Victims' Reimbursement Fund

Imposes a fee of 10 cents on every munition sold at a retail faclity for the Firearm Victims' Reimbursement Fund.

(On Assembly Inactive File)

AB 1044 (Negrete McLeod-D) Concealed weapons permit applications

Makes specified changes in the statutes pertaining to licenses to carry concealable weapons.

Chapter 541, Statutes of 2003

AB 1232 (Lowenthal-D) Firearms

Creates an infraction for the failure to report a stolen or lost handgun and grants civil immunity.

(In Senate Public Safety Committee)

AB 1290 (Jackson-D) Protective orders: prohibitions on firearms

Adds purchasing and/or receiving to the current general prohibitions regarding persons prohibited from owning, having in their possession or under their custody or control any firearm. Increases the penalty for a person subject to specified restraining orders who owns or possesses a firearm knowing that he/she is prohibited from doing so by the restraining order be increased from a misdemeanor to an alternative felony/misdemeanor penalty. Deletes the existing specific notice requirements in law pertaining to the firearms prohibition and protective orders in order for the penalties to apply, leaving the requirement that the person knows that he/she is subject to that prohibition and retaining the requirement that the Judicial Council of California include the prohibition on the appropriate forms. Provides that persons subject to an elder and dependent adult protective order are prohibited from owning, possessing, purchasing, or receiving a firearm, including such orders involving financial abuse. Makes persons subject to an ex part protective order against a person for "stalking" prohibited from owning, possessing, purchasing, or receiving a firearm.

Chapter 495, Statutes of 2003

AB 1315 (Parra-D) Juvenile offenders: firearms

Extends the period during which juveniles adjudicated to have committed specified offenses are prohibited from possessing firearms from the existing age of 30 years to either age 30 or 10 years from release from custody or control of the juvenile court for the commission of a specified offense, whichever date is later.

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

AB 1455 (Negrete McLeod-D) Imitation firearm restrictions

Changes the definition of the exempted BB or pellet instruments in the imitation firearms law to delete the reference to "metallic" and to, instead, refer to "projectile, such as a BB or pellet, not exceeding 6mm caliber."

Chapter 246, Statutes of 2003

Legal Professions

SCR 34 (Speier-D) Attorneys: alternative dispute resolution

Urges the State Bar of California to adopt requirements for the admission to the State Bar to include testing of applicants' understanding of skills relative to resolution of disputes without litigation and also requests the State Bar of California to adopt associated law school curriculum and continuing education requirements in that regard.

(In Senate Judiciary Committee)

AB 193 (Cohn-D) State Bar of California: audits

Requires the Board of Governors of the State Bar of California to contract for the required performance audit every four years rather than utilize the Bureau of State Audits, as currently required.

(In Assembly Judiciary Committee)

AB 447 (Vargas-D) Lien claims: release: attorneys' fees

Increases the maximum amount of attorneys fees that may be awarded to a prevailing party in an action to release a property from a lien, from $1,000 to $2,000.

Chapter 279, Statutes of 2003

AB 1101 (Steinberg-D) Attorney-client confidences

Permits, but not requires, an attorney to reveal a client's confidential information to the extent the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of or substantial bodily harm to an individual. Contains legislative intent language and provides that the provisions of the bill become operative on July 1, 2004. Requests the Supreme Court to appoint a State Bar Advisory Task Force to study and make recommendations for a Rule of Professional Conduct to address professional responsibility issues related to the implementation of this bill.

Chapter 765, Statutes of 2003

AB 1708 (Assembly Judiciary Committee) State Bar of California: annual dues and other assortments

Authorizes the State Bar of California to collect up to $390 as total State Bar active membership dues for 2004. The dues will fund only mandatory programs of the Bar. Members could deduct $5 if they did not wish to support non-Keller activities. Revises the "scaling" criteria that allows members to reduce their bar dues by either 50 percent or 25 percent, depending on their earned income, as specified.

Authorizes the State Bar of California to seek court judgments to collect disciplinary costs assessed upon disciplined attorneys, and to recover from errant attorneys monies paid out to their wronged clients from the Client Security Fund. Requires the State Bar of California to report to the Judiciary Committees of the Assembly and Senate by January 1, 2005 on the status of its regulatory disciplinary efforts concerning alleged abuses of the Unfair Competition Law by private actions brought on behalf of the general public.

Provides, until 2009, that applicants who fail the bar exam do not have the right to inspect their Multistate Bar Exam results if the Committee of Bar Examiners do not physically have those results.

Chapter 334, Statutes of 2003

Courts and Judges

SB 79 (Senate Judiciary Committee) Trial court restructuring

Deletes provisions made obsolete by the trial court reform bills enacted in 1996, 1998, and 2000 and amends various others to conform those changes made by the reform bills to the statutes.

Chapter 149, Statutes of 2003

SB 129 (Escutia-D) Trial courts: budget process

Requires the Administrative Office of the Courts to respond, in writing, within 30 days of receipt of a request by a trial court to transfer existing funds between or amount the courts budgeted program components for specified reasons. Requires a copy of the written response to be provided to the State Department of Finance, the Legislative Analyst's Office, the Legislature's budget committees, and affected labor organizations. Requires that any changes to the Trial Court Policies and Procedures that relate to Budget Monitoring and Reporting will be circulated to affected entities for comment prior to adoption at a meeting of the Judicial Council.

Chapter 336, Statutes of 2003

SB 144 (Escutia-D) Trial courts: open meetings

Requires the Judicial Council of California to adopt rules providing for public notice and input into decisions concerning the administrative and financial functions of a trial court.

Chapter 364, Statutes of 2003

SB 246 (Escutia-D) Courts: fines and penalties: collection

Requires the Judicial Council of California (Council) to adopt guidelines for a comprehensive program for the collection of monies imposed by court order. Requires each superior court and county to develop a cooperative plan to implement those guidelines and to jointly and annually report to the Council on the effectiveness of the cooperative plan to implement the guidelines. Authorizes the Council to establish an amnesty program to waive the interest or collections costs on outstanding fines or assessments, upon a specified circumstance.

(In Senate Judiciary Committee)

Similar legislation is SB 940 (Escutia-D), Chapter 275, Statutes of 2003.

SB 254 (Dunn-D) Court attendants

Limits the use of court attendants by trial courts, as follows: (1) limits function to administrative functions in civil cases where juries are not sequestered, (2) prohibits carrying out any weapons screening, traffic court duties, contact with criminal defendants or prisoners, or "any other law enforcement functions" for either civil or criminal courts, and (3) prohibits any functions in family law cases.

(In Senate Appropriations Committee)

SB 256 (Escutia-D) Court facilities: construction and ownership

Specifies, among other things, procedures for how counties may use their local courthouse construction fund during the process of transferring responsibility for court facilities from the counties to the state. Provides that janitors who are county employees retain their jobs and benefits when courthouse facilities transfer to the state. Contains a separate agreement between Judicial Council of California and the Service Employees International Union to provide the courts with more flexibility to hire temporary employees if both parties agree.

Chapter 592, Statutes of 2003

SB 655 (Escutia-D) Calif. Court Facilities Construction and Renovation Bond Act

Enacts the California Court Facilities Construction and Renovation Bond Act of 2004, which, if approved by the voters at an unspecified election in 2004, authorizes the issuance of $4.146 billion in General Obligation Bond Funds to be deposited in the State Court Facilities Construction Fund for the purposes specified in the Trial Court Facilities Act of 2002.

(In Senate Appropriations Committee)

SB 660 (Speier-D) Personal records: confidentiality

Requires that an individual's social security number that is part of a court file in a dissolution matter be placed in the confidential portion of the court file, but the remainder of that file shall be open to public inspection.

Chapter 154, Statutes of 2003

SB 818 (Escutia-D) Trial courts: court interpreters

Provides for the cleanup language to the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA), which was enacted in 2002. The TCIELRA required the trial courts to appoint employees to perform spoken language interpretation for trial court proceedings. Changes, from January 1, 2005 to July 1, 2005, termination of the regional transition period during which the court interpreters are converted from independent contractors to employees of the court. Changes, from March 1, 2003 to June 1, 2003, the deadline for a court interpreter who fits specified criteria to request the court, in writing, that he/she wishes to perform services as an independent contractor rather than as an employee.

Chapter 257, Statutes of 2003

SB 940 (Escutia-D) Courts: fines and penalties: collection

Requires the Judicial Council of California (Council) to adopt guidelines for a comprehensive program for collection of fines, penalties and assessments imposed by the courts, and requires each superior court to develop a cooperative plan to implement those guidelines and annually report to the Council on the effectiveness of the collection program.

Chapter 275, Statutes of 2003

AB 292 (Yee-D) Rules of Court: interpreters

Requires the Judicial Council of California to ensure that Rules of Court and court interpreter services are consistent with the requirements of this bill.

(In Senate Appropriations Committee)

AB 688 (Nakanishi-R) Court facilities: bond funding

Authorizes the Judicial Council of California (Council) to consider the availability of matching funds as one factor in determining the allocation of general obligation bonds for court facilities if a pending bond measure is enacted into law and approved by the voters. Expressly states that the Council is not required to give priority to projects with matching funds.

(In Senate Judiciary Committee)

AB 759 (Nakanishi-R) Judicial Council of California: trial courts

Requires the Judicial Council of California to adopt rules providing for the public to attend any meeting of a board, committee, or multimember body of a trial court on matters related to administrative functions of the court.

(In Assembly Judiciary Committee)

AB 765 (Longville-D) Trial court funding: San Bernardino County

Validates the distribution of fines, forfeitures and penalties as reported by the County of San Bernardino for the 1996-97 fiscal year with respect to the county's obligations to the state General Fund.

(In Assembly Appropriations Committee)

AB 782 (Kehoe-D) Trial court employees: employment relations.

Seeks to discard the current unique statutory mechanism for dealing with employment complaints brought by trial court employees and place such disputes under the jurisdiction of the State Public Employees' Relation Board commensurate with most other public employees.

(In Senate Judiciary Committee)

AB 955 (Wiggins-D) Courts: fines and forfeitures

Requires the judge to certify the accuracy of the records of fines and forfeitures collected by the court. Requires the county auditor to only certify the accuracy of those fines or forfeitures imposed or collected by county operated entities.

(In Assembly Judiciary Committee)

AB 1165 (Dymally-D) Appellate opinions: new publication and citability rules

Requires all state appellate opinions to be available for private publication and to, under specified circumstances, be citable as court precedent.

(Failed passage in Assembly Judiciary Committee)

AB 1346 (Bermudez-D) Court records: confidentiality

Provides that, if a court reads or considers a law enforcement report, the report shall be maintained as a confidential court record but may be accessed by the public if specified information is redacted, unless a showing of good cause for not releasing the report is made. Requires that all reasonable costs, as defined, incurred by the court in producing a report for an individual or entity that is not a party pursuant to a written and noticed motion may be charged against the party serving the motion. Requires that, if certain declarations, report, affidavits, and other documents are released to the public, specified information be redacted before their release. Provides that this standard will apply to, among other things, documents relating to search warrants.

(In Assembly Public Safety Committee)

AB 1710 (Assembly Judiciary Committee) Courts: minors and dependent children

Addresses problems the courts have encountered in issuing and serving restraining orders where a ward of the court is involved, as well as make some technical corrections to incorrect statutory references in related provisions.

Chapter 365, Statutes of 2003

AB 1712 (Assembly Judiciary Committee) Courts

Makes several technical amendments and deletions to statutes made obsolete by the unification of the courts. Makes changes to statutes pertaining to the judicial arbitration program and other minor substantive or technical changes in the Civil Code and Code of Civil Procedure. Deletes a proposed provision that prohibits an attorney to be appointed as a guardian ad litem in a small claims action, unless he/she is an immediate family member, guardian, or conservator of a minor or incompetent party. Double-jointed to AB 504 (Yee-D).

Chapter 449, Statutes of 2003

AB 1752* (Assembly Budget Committee) Human services

Makes a series of statutory changes to increase collection of child support arrears owed to the state and to establish accurate support orders. Requires counties to focus drug court programs serving adult offenders on defendants who have been convicted of felonies and placed on probation, conditioned on their participation in the drug court program. Requires existing pre-plea drug courts to focus on prison-bound offenders who may not be eligible for Proposition 36. Requires participating counties to report cost avoidance data. Prohibits counties from redirecting funds to dependency, juvenile or pre-plea drug courts.

Chapter 225, Statutes of 2003

AB 1759* (Assembly Budget Committee) Court fees

Increases court fees at the Supreme Court and Appellate Court and revises the definition of one-half day for purposes of court reporter fees. Requires the court to award all specified fees to the State Attorney General (AG) in civil cases whenever the AG prevails.

Chapter 159, Statutes of 2003

Law Enforcement

SB 32* (McPherson-R) Wire taps

Revises the definition of, and information required relative to wire taps.

(In Senate Public Safety Committee)

SB 44 (Denham-R) Central Coast Rural Crime Prevention Program

Encourages the Counties of Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito to each develop within its respective jurisdiction a Central Coast Rural Crime Prevention Program.

Chapter 18, Statutes of 2003

SB 58* (Johnson-R) Police reports

Provides that police reports that are included with criminal complaints shall be redacted of specified personal identifying information.

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

SB 106* (Alpert-D) Volunteers with foster children: criminal history

Establishes a new category of community care license for nonprofit organizations that recruit and provide volunteers to mentor or sponsor children in foster care and makes findings about the inadequacy of current law to provide those criminal histories and information about any subsequent arrests of those volunteers to any organization that is recruiting and placing mentors.

(In Senate Public Safety Committee)

SB 135 (Florez-D) Inspector General for Veterans Affairs

Provides that the definition of a peace officer includes the Inspector General for Veterans Affairs and any employee designated by the Inspector General, provided that the primary duty of these peace officers is conducting reviews and investigations of veteran programs, as specified.

(In Senate Public Safety Committee)

SB 188 (Cedillo-D) Commission on Peace Officer Standards and Training

Changes the membership of the Commission on Peace Officer Standards and Training from 14 to 13 members by reducing from three to two the number of appointees who shall be sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police.

(In Senate Public Safety Committee)

SB 209 (Margett-R) Peace officer pursuit: punishment

Makes it a misdemeanor punishable by imprisonment in a county jail, not exceeding one year, upon conviction of the person operating the pursued vehicle involved in a police pursuit.

(Held under submission in Senate Appropriations Committee)

SB 213 (Battin-R) Pursued vehicles: punishment

Makes it a felony to intentionally drive the wrong direction upon a roadway restricted to one-way traffic when evading a peace officer.

(In Senate Public Safety Committee)

SB 219 (Romero-D) Public agency: liability: immunity

Refines the conditions under which a public agency is immune from civil damages liability for damages caused to innocent third parties by police pursuits.

(On Assembly Inactive File)

SB 221 (Romero-D) Peace officers: eligibility POST certification

Makes numerous changes in existing law relating to the Commission on Peace Officer Standards and Training (POST) and its authority to cancel, revoke and/or reinstate a Peace Officer Certificate.

Chapter 297, Statutes of 2003

SB 226 (Cedillo-D) Firearms: elder and dependent adult abuse

Adds persons subject to a protective order involving elder or dependent adult abuse to the existing prohibitions and penalties for persons who are the subject of a protective or restraining order and are prohibited from purchasing, owning, receiving, or possessing firearms, as specified, and to make a variety of other related changes to law pertaining to firearms and protective orders. Double-jointed with AB 1290 (Jackson-D), AB 319 (Frommer-D), and SB 238 (Perata-D).

Chapter 498, Statutes of 2003

SB 275 (Battin-R) Private school employees

Requires private schools to request subsequent arrest notification from the State Department of Justice and to require such schools to make declarations regarding the background checks of their employees and volunteers.

(In Assembly Public Safety Committee)

SB 406 (Florez-D) Emergency Alert System: electronic signs

Requires every entity of state government that maintains an Internet web page to display a conspicuous banner of text disseminated pursuant to the Emergency Alert System, and to provide a hyperlink to take an Internet user to the Amber Alert web page of the State Department of the California Highway Patrol.

(Held in submission in Senate Appropriations Committee)

SB 462 (Dunn-D) Peace officers: personnel records

Revises the definition of "general personnel file" for peace officers to include, among other things, administrative investigations, including any compelled statement by the employee and performance evaluations.

(In Senate Public Safety Committee)

SB 474 (Florez-D) Child day care facilities: criminal record information

Requires any person applying to operate or manage a child day care facility or family day care home, and other specified persons, to agree that the criminal record information obtained from the appropriate law enforcement agency may be disclosed by the State Department of Social Services to any parent or guardian of a client or prospective client in a licensed child day care facility or family day care home.

(In Senate Health and Human Services Committee)

SB 605 (McPherson-R) Public safety: communication equipment

Requires a state agency that purchases public safety radio communication equipment to comply with recommendations of the Public Safety Radio Strategic Planning Committee. Adds the Governor's Office of Homeland Security to the committee, and exempts systems that utilize low band frequencies not in use among public safety agencies.

Vetoed by the Governor

SB 637 (Knight-R) Off-highway vehicles: emergency response situation

Allows a peace officer to drive an off-highway vehicle on state or local highways during an emergency response situation.

Chapter 135, Statutes of 2003

SB 652 (Florez-D) Foster care: criminal record disqualification: exemptions

Provides that only the Director of the State Department of Social Services (DSS), or a person designated by the director, may grant an exemption from disqualification for a license or certificate to operate or manage, or for employment, residence, or presence, in a foster family home or a certified family home. Prohibits other staff of DSS from approving exemption requests.

(In Senate Health and Human Services Committee)

SB 752 (Alpert-D) Identification

Creates a procedure where a person can contest a notice to appear on the basis that they were not the person who was issued the notice.

Chapter 467, Statutes of 2003

SB 829 (Florez-D) Central Valley Rural Crime Prevention Program

Extends the sunset date on the Rural Crime Prevention Programs from July 1, 2005 to July 1, 2006.

(In Senate Public Safety Committee)

SB 851 (Senate Public Safety Committee) Public safety

Makes numerous technical changes and corrections to specified Evidence, Penal, Vehicle, and Welfare and Institutions Code provisions.

Chapter 468, Statutes of 2003

SB 873 (McPherson-R) Criminal history information

Specifies that requests made to the State Department of Justice for federal criminal offender record information be forwarded to the Federal Bureau of Investigation (FBI). Clarifies authorization for the FBI to provide criminal history information to a state agency for employment, licensing or certification.

Chapter 124, Statutes of 2003

SB 919 (Ortiz-D) Assault and battery: code enforcement officers

Makes the maximum county jail term for any misdemeanor assault or misdemeanor battery without injury on a code enforcement officer, one year rather than six months, and increases the maximum fine from $1,000 to $2,000. Expands the definition of code enforcement officers to include specified individuals employed by the State Department of Housing and Community Development.

Chapter 274, Statutes of 2003

SB 970 (Ortiz-D) Fingerprinting

Requires the State Department of Justice (DOJ) to accept fingerprint images and related information to process criminal offender record information only if those images are transmitted electronically. Requires the State Attorney General to establish a communications network to allow requests from private service providers relative to specified criminal offender record information. Mandates rather than authorizes, DOJ to accept hard fingerprint cards and requires DOJ to continually monitor statewide availability of electronic transmission sites.

Chapter 470, Statutes of 2003

SB 977 (Johnson-R) Criminal actions: televised broadcasting

Prohibits the live or delayed broadcasting of any criminal action until a verdict is rendered.

(In Senate Public Safety Committee)

SCR 17 (Poochigian-R) Deputy Sheriff Dennis E. Phelps Memorial Highway

Dedicates the portion of State Highway Route 168 from the Temperance Avenue interchange to Shepherd Avenue in and near the City of Clovis in the memory of Deputy Sheriff Dennis E. Phelps who was fatally wounded last year after making a traffic stop of a suspect that was fleeing from a previous shooting incident.

Resolution Chapter 106, Statutes of 2003

SCR 24 (Morrow-R) CHP Officers Stephen M. Linen, Jr. & Sean Nava Memorial Fwy

Designates specified and separate portions of Interstate 5 in the County of San Diego to the memory of State Department of the California Highway Patrol Officers Stephen M. Linen, Jr. and Sean Nava, who were killed in the line of duty in two separate accidents involving drunk drivers.

Resolution Chapter 127, Statutes of 2003

SCR 46 (Ashburn-R) Police Officer Richard Perkins Memorial Highway

Designates a portion of State Highway Route 395 in Inyo County as the "Police Officer Richard Perkins Memorial Highway" in memory of Police Officer Richard Perkins who was a member of the Bishop Police Department and was killed in a traffic accident on August 15, 2001 while pursuing a suspected drunk driver.

(In Assembly Transportation Committee)

SCR 50 (Ashburn-R) David W. Manning Memorial Freeway

Designates a specified portion of State Highway Route (SR) 178 as the "CHP Officer David W. Manning Memorial Freeway" in memory of State Department of the California Highway Patrol Officer David W. Manning who passed away on February 15, 1996 from injuries he received on January 26, 1996, as a result of a traffic accident on SR 178.

(Unassigned)

SR 10 (Florez-D) Navy Commander Otis Vincent Tolbert Memorial Highway

Designates the section of State Highway 198, from 18th Avenue to 25th Avenue in Lemoore, and the portion of the highway that will bear his name and directly correlates to his life, starting at Lemoore High School, his alma mater, and ending at the Lemoore Naval Air Station, a reference to his naval career, in memory of the late United States Navy Lieutenant Commander Otis Vincent Tolbert, a long-time Lemoore resident who was killed during the terrorist attack on the Pentagon on September 11, 2001.

(In Senate Transportation Committee)

AB 22 (Maddox-R) Child day care facilities: police contact information

Requires the State Department of Social Services (DSS), before issuing a license or special permit to any person to operate or manage a child day care facility or a family day care home, and before specified other persons may be present in the facility or home, to secure from the local law enforcement agency of the city or county, as appropriate, in which the child day care facility or family day care home is or is to be located, or in which the applicant or other person resides, or both, information regarding contacts by local law enforcement agencies, if any, with the applicant or other person. Requires that the local law enforcement agency supply the information to DSS upon request.

(In Assembly Human Services Committee)

AB 49 (Simitian-D) High Technology Crime Advisory Committee

Creates the California High Technology Crimes Task Force which will be comprised of each regional task force funded by the High Technology Theft Apprehension and Prosecution Program. Provides that the High Technology Crime Advisory Committee annually review the effectiveness of the task force.

Chapter 618, Statutes of 2003

AB 99 (La Suer-R) High technology crimes: laboratory fees

Establishes the High Technology Laboratory Trust Fund within the General Fund. Allows, in addition to any other fine or restitution, and only after any other court-ordered restitution or fines are satisfied, a court to order payment by a defendant convicted of a high technology crime, as specified, a forensic computer analysis fee not to exceed $25,000 for the reasonable costs of analysis, if an analysis was conducted in the case. Authorizes the court to waive or reduce these fees upon a finding that the defendant lacks the ability to pay.

(In Senate Public Safety Committee)

AB 108 (La Malfa-R) Attempted murder: custodial officers

Provides that an attempted murder of a custodial officer as defined in either Penal Code Section 831 or Section 831.5, when the person knows or should know that the victim is a custodial officer engaged in the performance of his/her duties, is punishable by imprisonment in the state prison for life with the possibility of parole, and if it is found that the attempted murder was willful, deliberate, and premeditated, then the penalty will be imprisonment in the state prison for 15 years to life.

(In Senate Public Safety Committee)

AB 110 (Oropeza-D) Child Protection Safety Act of 2003

Enacts the Child Protection Safety Act of 2003. Sets forth legislative findings and declarations demonstrating why it is fitting and proper and within the public interest for the State of California to do whatever is necessary to combat child abductions and to mount fast, effective, and coordinated release of life-saving information on the identity of missing children.

(Not assigned to a committee)

AB 145 (Lowenthal-D) Probation officers: training: domestic violence

Requires probation officers to receive three hours of domestic violence training as part of their initial training, and requires continuing domestic violence training of not less than three hours once every two years.

(Held under submission in Assembly Appropriations Committee)

AB 172 (Nakanishi-R) Law enforcement funding

Gives county boards of supervisors flexibility when they conduct a public hearing concerning the Citizens Option for Public Safety program to be either "at a time determined by the board" or "within 30 days after a request by a recipient agency for a hearing, if the funds have been received by the county from the state prior to that request."

Chapter 377, Statutes of 2003

AB 241 (Pacheco-R) Real Estate Fraud Prosecution Trust Fund Committee

Authorizes the three members of the Real Estate Fraud Prosecution Trust Fund Committee to select by a majority vote a fourth member for those law enforcement agencies that receive monies from the fund. Requires that the chief law enforcement officer be a nonvoting member of the committee and serve a one-year term, which may be renewed.

Chapter 46, Statutes of 2003

AB 246 (Cox-R) State Department of Motor Vehicles

Adds members of Congress to the list of individuals who may request their State Department of Motor Vehicles information be kept confidential.

(In Assembly Transportation Committee)

AB 270 (Bates-R) Jury service: peace officer exemption

Exempts harbor and port police from civil or criminal jury duty.

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

AB 340 (Frommer-D) Probation officers: safety training and equipment

Provides that a Los Angeles County probation officer may not be disciplined or terminated for refusing to participate in any duty-related hazardous activity, unless the employer provides safety training and equipment.

(In Assembly Public Safety Committee)

AB 348 (Chu-D) Mental health: involuntary confinement

Allows a psychologist to authorize release of a person from an involuntary hold prior to the end of the holding period if the psychologist is in a collaborative treatment relationship with a psychiatrist and both the psychologist and the psychiatrist have examined the patient and consulted with one another.

Chapter 94, Statutes of 2003

AB 354 (Lowenthal-D) Port police officers: City of Los Angeles

Changes the reference in Penal Code Section 830.1 (a) from special officer to port police officer of the Harbor Department of the City of Los Angeles to reflect a city change in civil service classification title for those specified existing peace officers.

Chapter 47, Statutes of 2003

AB 359 (Koretz-D) Peace officers: off duty employment

Amends Penal Code Section 70, which pertains to prohibited payments to public employees/exceptions for peace officers, to state (1) that nothing in the section prohibits a peace officer from being engaged for other employment while off duty, (2) that no peace officer shall be prohibited from engaging in other employment, except pursuant to rules and policies adopted by the employing agency, as specified, and (3) that if an employer withholds consent to allow a peace officer to engage in or be employed in other employment while off duty, the employer shall, at the time of denial, provide the reasons for denial in writing to the peace officer.

Chapter 104, Statutes of 2003

AB 365 (Jerome Horton-D) State Department of Motor Vehicles' records: city attorneys

Gives city attorneys prosecuting specified misdemeanor actions the same 24 hours access to the State Department of Motor Vehicles' records as the State Attorney General, district attorneys, law enforcement agencies, public defenders and public defender investigators.

Chapter 127, Statutes of 2003

AB 394 (Montanez-D) Law enforcement fees

Increases the sheriff or marshal processing fee from $8 to $10, for each disbursement of money collected under a writ of attachment, possession, or sale and expand the use of these fees to supplement the county's costs for civil process operations. Increases the sheriff or marshal fee for making a "not found" return on a summons, affidavit and order, order for appearance, subpoena, writ of attachment or execution or order for delivery of personal property, or other process or notice required to be served, from $28 to $30. Increases the fee for service of a summons for an action in the superior court to $30. Creates a new fee of $125 for levying on a safe deposit box pursuant to a writ of attachment or a writ of execution, including any opening of the safe deposit box and seizure of its contents. Allows the levying officer to abandon the attachment or execution on a safe deposit box if the judgment creditor fails to provide the necessary $125 fee to break into the safety deposit box and seize the contents.

Chapter 888, Statutes of 2003

AB 454 (Yee-D) San Francisco port security

Requires the Port of San Francisco, in conjunction with the San Francisco Water Transit Authority, ferry operators, and other organizations to conduct a port security analysis of the port. Specifies the contents of the port security analysis and requires the port to submit a corresponding report to the Legislature on or before December 31, 2004.

(In Assembly Natural Resources Committee)

AB 472* (Correa-D) Bioterrorism

Continuously appropriates any federal funding received by the state for bioterrorism preparedness and emergency response to the State Department of Health Services for public preparedness and response by local health departments, beginning with the 2003-04 fiscal year (FY) in any FY in which the Budget Act is not enacted by July 1 of that FY.

(Held under submission in Assembly Appropriations Committee)

AB 513 (Matthews-D) Juries: peace officers

Requires the Judicial Council of California to adopt a rule of court requiring trial courts to establish procedures for jury service that gives probation and correctional officers scheduling accommodations when necessary.

Chapter 353, Statutes of 2003

AB 541 (Runner-R) Amber Alert license plates

Requires the State Department of Motor Vehicles to design and issue special interest license plates bearing the logo of the California Amber Alert Network. Revenues generated by the issuance of these plates will be deposited into the new Amber Alert Child Abduction Prevention Account, to be allocated to the State Department of the California Highway Patrol (CHP) to administer the Amber Network, to the Emergency Alert System, and for funding proposals that benefit the network submitted to the CHP by local law enforcement and local emergency communications committees.

(In Senate Rules Committee)

AB 568 (Goldberg-D) Community Law Enforcement and Recovery Program

Extends the sunset for the Los Angeles Community Law Enforcement and Recovery Demonstration Project from January 1, 2004 to July 1, 2004.

Chapter 621, Statutes of 2003

AB 608 (Daucher-R) Crimes: school employees

Adds the Commissioner of the State Department of the California Highway Patrol to the list of law enforcement officers who are required to notify school officials when a school employee has been arrested for specific drug or sex offenses.

Chapter 536, Statutes of 2003

AB 619 (Garcia-R) Booking fees

Continuously appropriates $38,220,000 annually from the General Fund for reimbursement to cities and qualified special districts for actual costs incurred in the payment of booking and processing fees.

(In Assembly Local Government Committee)

AB 696 (Maddox-R) Probation officers: training

Requires additional testing and training for probation officers who carry guns.

(Held under submission in Assembly Appropriations Committee)

AB 834 (La Suer-R) Peace officers records

Requires law enforcement agencies to destroy after five years all citizen complaints, or portions of complaints, determined by a law enforcement agency to be "frivolous," "unfounded" or "exonerated."

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

AB 933 (Reyes-D) Law enforcement officers: special death benefits

Provides special death benefits to stepchildren of state and local public safety members. The stepchild must have lived with, or domiciled with, the member at the time of death. Applies retroactively to the survivors of a deceased member who died or was killed in the line of duty on or after January 1, 2001.

Chapter 840, Statutes of 2003

AB 960 (La Suer-R) Public safety officer-peer supporter privilege

Establishes a public safety officer-peer supporter privilege that applies to information transmitted between a public safety officer and his/her peer supporter.

(In Senate Judiciary Committee)

AB 962 (La Suer-R) Detention of minors: peace officers

Substitutes a Health Facility Minor Release Report, signed by both birth parents and prospective adoptive parents for a signed adoption placement agreement, as a requirement for preventing a peace officer from taking into temporary custody at the hospital a newborn who tested positive for illegal drugs or whose mother tested positive for illegal drugs.

Chapter 568, Statutes of 2003

AB 991 (Negrete McLeod-D) SWAT operation guidelines and standardized training

Develops and disseminates guidelines and standardized training recommendations for all law enforcement officers, supervisors, and managers whose agency assigns them to perform, supervise, or manage Special Weapons and Tactics (SWAT) operations.

Chapter 624, Statutes of 2003

AB 993 (Ridley-Thomas-D) Youth Gang Violence Task Force

Creates the Youth Gang Violence Task Force within the State Department of Justice to study the issues of youth gang-related homicides in California. Provides that the task force is to be chaired by the State Attorney General or his designee, and be comprised of 22 members, selected by various related organizations and interests, who must serve without compensation, other than travel expenses.

(Held under submission in Assembly Appropriations Committee)

AB 1055 (Spitzer-R) District attorney: special appropriation

Explicitly provides that the district attorney must use the "special appropriation" made available by the county board of supervisors with a population of 90,000 or more for expenses necessarily incurred in criminal cases arising in the county, in the detection of crime or in civil actions or proceedings.

Chapter 38, Statutes of 2003

AB 1077 (Wesson-D) Complaints against peace officers

Requires that the procedures for citizens complaints against specified peace officers include, but are not limited to, a method for filing a complaint by either United States mail, electronic mail, telephone, or facsimile machine, and a method for filing a complaint at a designated public location that is not a law enforcement location, as specified.

(On Senate Inactive File)

AB 1081 (Maddox-R) Police personnel records

Provides that a peace officer may have access to complaints against him or her that have been determined by the employing agency to be unfounded. Provides that the individual whose records are being sought in a Pitchess motion be notified in writing and furnished with a copy of the notice given to the agency holding the personnel records sought in the motion.

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

AB 1102 (Yee-D) Peace officers: training relating to the mentally ill

Makes legislative findings and declarations, including that many of the incoming calls received by police and law enforcement departments involve situations with seriously emotionally disturbed and mentally ill persons. Extends by one year, until October 1, 2004, the current October 1, 2003 deadline for the report by the Commission on Peace Officer Standards and Training about the required inclusion in the basic training course for peace officers of adequate instruction in the handling of persons with developmental disabilities or mental illness.

Chapter 269, Statutes of 2003

AB 1106 (Jerome Horton-D) Peace officers: confidential records

Clarifies the rules exempting investigations by a grand jury or public prosecutor from the usual rules requiring confidentiality of law enforcement personnel records.

Chapter 102, Statutes of 2003

AB 1119 (Wesson-D) Law enforcement agency programs

Requires that local law enforcement agencies employing more than 100 peace officers, as specified, implement an Early Intervention System commencing January 1, 2005.

(On Senate Inactive File)

AB 1198 (Dutton-R) Peace officers: records held by POST

Includes Commission on Peace Officer Standards and Training (POST) training and certificate records as "personnel files" and includes that definition in the statutes that typically concern (Pitchess) motions to obtain prior complaints against officers. Defines "personal data" in personnel files as including training and professional certificates. Allows an officer to be identified in his/her POST personnel file by social security number, in addition to their name. Requires a government agency that receives notice of a Pitchess motion to notify the officer whose records are sought in the motion. Requires where the agency receiving notice of a Pitchess motion is not the employer of the person whose records are sought in the motion.

(In Senate Public Safety Committee)

AB 1211 (Nakano-D) Public safety: communication system

Amends existing law concerning the Public Safety Radio Strategic Planning Committee and the implementation of a statewide integrated public safety communication system. Adds the California Union of Safety Employees to the list of those organizations eligible to consult with the committee, related to the purpose of this bill.

Chapter 314, Statutes of 2003

AB 1254 (La Malfa-R) County authority for custodial deputy sheriffs positions

Adds Shasta County to the existing authority currently granted to Los Angeles, Riverside and San Diego Counties and 10 other counties to employ deputy sheriffs who are "employed to perform duties exclusively or initially relating to custodial assignments" who are peace officers pursuant to Section 830.1 (c) of the Penal Code. Exempts from specified testing requirements a peace officer whose authority is derived from Section 830.1 (c) who is assigned to perform duties exclusively or initially relating to specified custodial assignments, if the peace officer has previously successfully completed the required training, and since that time has been continually employed as a custodial officer by the agency appointing him or her as a peace officer.

Chapter 70, Statutes of 2003

AB 1331 (Wesson-D) Peace officers: whistleblower protection

Enacts legislative findings and declarations with respect to the ability of peace officers to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. Enacts whistleblower protections for sheriffs deputies and city police officers.

(On Senate Inactive File)

AB 1362 (Kehoe-D) Workers' compensation: disability: leave of absence

Extends benefits to all firefighters, police officers and sheriffs officers regardless of their retirement system or length of service. Increases "4850 time" from one to two years for the extended group covered ("4850 time" provides for a 100 percent paid leave of absence).

(In Assembly Appropriations Committee)

AB 1383 (Wesson-D) Peace officers: training and counseling

Makes specified changes in the Commission on Peace Officer Standards and Training (POST) training for peace officers regarding racial and cultural trends. Provides that the topics of anger management, frustration tolerance, and information regarding past damage awards in peace officer abuse cases shall be incorporated into applicable existing training courses or provided through a telecourse developed by POST. Entitles every peace officer employed by a local law enforcement agency to consult with an independent licensed mental health provider on a one-time, one-visit basis, once every four years, at law enforcement agency expense. Provides that agencies that provide an Employee Assistance Program (EAP), or similar program, at no cost to the employee shall be deemed to have met the requirements of this section. Provides that any agency that does not have an EAP shall negotiate a counseling program with the recognized employee bargaining unit.

(On Senate Inactive File)

AB 1436 (Runner-R) Reserve peace officers

Makes a number of changes to the law pertaining to reserve peace officers, as specified.

Chapter 292, Statutes of 2003

AB 1515 (Lowenthal-D) Rewards

Authorizes the Governor to offer a reward of not more than $50,000 for information leading to the arrest and conviction of persons committing forcible rape against more than one victim.

(Held under submission in Senate Appropriations Committee)

AB 1561 (Cox-R) Bail

Authorizes a bail permittee, until January 1, 2009, to post a deed of trust with the county in which the relevant property is located as security for the posting of a real property bail draft, which causes the release of the defendant.

(In Assembly Public Safety Committee)

AB 1565 (Benoit-R) Forensic identification

Requires any person convicted of any offense, or attempt to commit any offense, that makes him/her a sex offender or any offense that imposes upon a person the duty to register in California as a sex offender, or any person who is found not guilty by reason of insanity of any of those offenses, regardless of sentence imposed or disposition rendered, to provide two specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of each hand for law enforcement identification analysis.

(In Assembly Public Safety Committee)

AB 1567 (Correa-D) Peace officers

Deletes, for specified classes of fire, state hospital, investigative, and other security personnel who are peace officers, the specific authorizations for, and prohibitions on carrying firearms, and deletes all limitations on the purposes for which these categories of peace officers may use their peace officer authority.

(In Senate Public Safety Committee)

AB 1569 (Correa-D) Child day care facilities: criminal record information

Requires that by January 1, 2005, the Legislative Analyst's Office complete a study of the process used by the State Department of Social Services and the State Department of Justice in performing criminal background checks of child day care providers and licensees.

(In Senate Health and Human Services Committee)

AB 1669 (Chu-D) Peace officers: psychological evaluations

Requires that, effective January 1, 2005, peace officer applicants be evaluated by a physician who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry by a psychologist licensed by the State Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.

Chapter 777, Statutes of 2003

AB 1694 (Wiggins-D) Bail services: advertising

Prohibits a bail licensee from advertising or soliciting bail services in any building used, in whole or in part, for the detention of criminally accused or sentenced persons, and in related areas, except as specified.

(In Assembly Public Safety Committee)

AB 1749* (Assembly Budget Committee) Booking fees

Repeals provisions in existing law authorizing a county to impose booking fees on local agencies, colleges or universities. Repeals continuous appropriation to cities and qualifying special districts for actual bookings paid to counties.

(On Assembly Third Reading File)

AB 1757 (Assembly Budget Committee) Criminal justice planning and technology

Abolishes the State Office of Criminal Justice Planning and State Technology, Trade and Commerce Agency and transfers specified duties to other agencies.

Chapter 229, Statutes of 2003

AB 1758* (Assembly Budget Committee) Public safety

Requires the State Department of Corrections (DOC) to establish an overtime cap for correctional officers. Authorizes the use of up to $275,000 by the State Board of Corrections for administrative purposes from money derived from the Supplemental Law Enforcement Services Fund. Eliminates the authority of the State Board of Corrections to make grants to local law enforcement entities, as specified. Authorizes the State Inspector General to conduct a management review audit of any warden or superintendent. Repeals provisions in existing law allowing the Director of the State Department of General Services to purchase and construct facilities, as specified. Requires, beginning July 1, 2003, counties to pay either $176 per month or a specified percentage of the per-capita institutional cost. Requires the State Department of Youth Authority to close a facility with a specified design capacity by March 1, 2005. Restricts DOC from reducing the total number of filled educational positions as of June 30, 2003. Suspends, for two years, the appropriation and allocation to specified small and rural county sheriffs' departments to enhance law enforcement.

Chapter 158, Statutes of 2003

ACR 7 (Daucher-R) Don J. Burt Memorial Highway

Designates a portion of State Highway Route 57 between Orangethorpe Avenue and Yorba Linda Boulevard in Orange County as the "CHP Officer Don J. Burt Memorial Highway" in memory of Officer Burt who was fatally shot by a suspected gang member during a routine stop on July 13, 1996.

Resolution Chapter 90, Statutes of 2003

ACR 22 (Correa-D) Peace Officers' Memorial Day

Designates May 9, 2003 as California Peace Officers' Memorial Day.

Resolution Chapter 34, Statutes of 2003

ACR 29 (Benoit-R) Daniel J. Muehlhausen Memorial Highway

Designates a specified portion of State Highway Route 62 as the "CHP Officer Daniel J. Muehlhausen Memorial Highway" in memory of Officer Muehlhausen who was struck and killed by an errant driver while assisting another disabled motorist on July 1, 1997.

Resolution Chapter 90, Statutes of 2003

ACR 30 (Samuelian-R) William "Bill" Lehn Memorial Highway

Designates a portion of State Highway Route 99 as the William "Bill" Lehn Memorial Highway in memory of Fresno Police Officer Lehn who was killed in the line of duty on June 21, 1994.

Resolution Chapter 82, Statutes of 2003

ACR 32 (Richman-R) California Nonprofits and Philanthropy Week

Proclaims March 30 to April 5, 2003, inclusive, as California Nonprofits and Philanthropy Week.

Resolution Chapter 13, Statutes of 2003

ACR 35 (Samuelian-R) Steven Lindblom Memorial Freeway

Designates a specified portion of State Highway Route 99 as the "Steven Lindblom Memorial Freeway" in memory of the Madera County Sheriff's Deputy who was killed by gunfire in 1975 when a deranged woman ambushed him from a barricaded residence upon his response to a hostage situation.

Resolution Chapter 83, Statutes of 2003

ACR 71 (Chu-D) El Monte Police Officer Donald Ralph Johnston Memorial Hwy

Dedicates the portion of State Highway Route (SR) 10 that is between the intersection with SR 19 in the City of Rosemead and the intersection with SR 605 in the City of Baldwin Park as the "El Monte Police Officer Donald Ralph Johnston Memorial Highway" in honor of Officer Johnston who was wounded and paralyzed on January 9, 1990 in a shooting incident involving a suspect that was under suspicion for attempting to pass a forged check. Retired Officer Johnston died on November 22, 2002.

Resolution Chapter 115, Statutes of 2003

ACR 110 (Maddox-R) Probation, Parole, and Community Supervision Officers' Week

Proclaims July 13 to 19, 2003 as Probation, Parole, and Community Supervision Officers' Week and encourages all Californians to honor these officers and recognize their achievements.

Resolution Chapter 91, Statutes of 2003

ACR 115 (Canciamilla-D) Inspector Raymond J. Giacomelli Memorial Overcrossing

Designates, as the "Inspector Raymond J. Giacomelli Memorial Overcrossing," the Loveridge Road overcrossing of Highway 4 in the City of Pittsburg in Contra Costa County, in memory of Inspector Raymond J. Giacomelli of the Pittsburg Police Department, who was killed in the line of duty on April 15, 2003.

(In Senate Rules Committee)

ACR 132 (Correa-D) Red Ribbon Week

Proclaims October 25 through 31, 2003 as Red Ribbon Week, and encourages all Californians to help build drug-free communities.

Resolution Chapter 149, Statutes of 2003

ACR 133 (Bates-R) Oceanside Police Officer Tony Zeppetella Memorial Highway

Designates State Highway Route 76, between Interstate 5 and the eastern city limits of the City of Oceanside, as the "Oceanside Police Officer Tony Zeppetella Memorial Highway" in memory of Police Officer Tony Zeppetella who was shot and killed in the line of duty on June 13, 2003 during the course of a traffic stop.

(In Senate Rules Committee)

ACR 135 (Runner-R) Deputy Sheriff Stephen Sorensen Memorial Highway

Designates the portion of State Highway Route 138, from 136th Avenue to 195th Avenue, as the "Deputy Sheriff Sorensen Memorial Highway" in the memory of Deputy Sheriff Stephen Sorensen who was killed in the line of duty on August 2, 2003 in Llano, while responding to a routine trespassing investigation on his day off.

(In Senate Rules Committee)

Family Law

SB 59 (Escutia-D) Dependent children and adoption: placement

Streamlines the process for challenging the final adoption placement of a child after parental rights have been terminated. Provides that an order by the court, relative to a final placement decision for the child, is unappealable unless specified circumstances exist.

Chapter 247, Statutes of 2003

SB 156 (Burton-D) Custody: residence of the child

Declares the Legislature's intent to reaffirm as the State of California public policy and law a California Supreme Court ruling that a court may not prevent a custodial parent from relocating with the child absent a finding that the relocation would be detrimental to the child.

Chapter 674, Statutes of 2003

SB 169 (Karnette-D) Intercountry adoptions

Enacts new protections for adopted foreign-born siblings to ensure continued sibling contact after a readoption of one or more of the siblings.

Chapter 19, Statutes of 2003

SB 182 (Scott-D) Parent and child relationships: adoption

Provides for the adoption of a minor who has been in the custody of a legal guardian for a period of at least two years, if the court finds, after consideration of specified factors, that the minor would benefit from being adopted by his/her legal guardian.

Chapter 251, Statutes of 2003

SB 239 (Morrow-R) Family law: court files

Provides that a court file or a portion of the file relating to proceedings for dissolution and nullity of marriage, legal separation, and actions under the Uniform Parentage Act may be sealed.

(In Senate Judiciary Committee)

SB 265 (Kuehl-D) Child custody: domestic violence

Prohibits a parent from rebutting the statutory presumption against custody for perpetrators of domestic violence by citing the general statutory preference for children of divorce to have frequent and continuing contact with both parents. Invokes the presumption against custody when a parent has been convicted of domestic violence, or when another court has made findings that domestic violence occurred. Informs both parents about the presumption against custody when one of them alleges that the other has committed domestic violence.

Chapter 243, Statutes of 2003

SB 339 (Alpert-D) Private child support collectors

Regulates private child support collectors, as defined, by limiting their fees, requiring specified disclosures to potential clients, permitting cancellation of contracts under certain circumstances, and regulating advertising.

(In Assembly Judiciary Committee)

SB 449 (Escutia-D) Emergency protective orders

Provides that the termination period of five court days or seven calendar days, relative to emergency protective order, excludes court holidays.

(In Senate Judiciary Committee)

SB 488 (Speier-D) Child support enforcement

Requires the State Department of Child Support Services to identify and actively enforce medical support orders in cases in which a noncustodial parent is subject to a medical support order and has medical insurance, but has failed to provide medical insurance for his/her dependent child.

(In Senate Judiciary Committee)

SB 734 (Ortiz-D) Child custody and visitation

Supplements existing standards for determining child custody, and establishes standards for determining the visitation rights of noncustodial parents. Requires courts to impose supervised visitation upon parents convicted of specified crimes, unless the parent has successfully completed all required rehabilitation programs, and establishes factors for determining whether visitation should be supervised in other cases. Provides that a court may not deny or limit visitation by a parent to whom the child's attached and plays an important developmental role in the child's life except to protect the child from abuse or abduction.

(In Assembly Judiciary Committee)

SB 946 (Denham-R) Child support enforcement

Requires the child support functions of Madera County to remain within the county's local child support agency and prohibits the consolidation of that county's child support functions with the child support agency, or child support functions of any other county.

(In Senate Judiciary Committee)

SB 1030 (Ashburn-R) Paternity testing

Creates new procedures for establishing paternity and for challenging paternity judgments.

(Refused passage in Assembly Judiciary Committee; reconsideration granted)

AB 44* (Pacheco-R) Dependent children: juvenile court hearings

Reenacts a provision that was chaptered out by another bill, thus resolving a technical conflict in current law. Restores the Welfare and Institutions Code designations for specific hearings to maintain continuity and to avoid costs of renaming court forms and reorienting users to new code references. Inserts references to new renumbered notice provisions where relevant, to avoid confusion. Restores the prescribed time for service of notice by publication of a hearing to terminate parental rights from 45 days to 30 days, as it was prior to passage of SB 1956. Clarifies the court's discretion relating to subsequent notices of a hearing to terminate parental rights.

(On Assembly Unfinished Business File)

AB 205 (Goldberg-D) Domestic partners

Enacts the California Domestic Partner Rights and Responsibilities Act of 2003. Recasts the amendments made to the Domestic Partnership Act by various bills enacted over the last four years, that granted to registered domestic partners specified, but limited, rights and benefits. Extends, after January 1, 2005, to registered domestic partners substantially all rights, benefits, and obligations of married persons under state law, with the exception of rights, benefits, and obligations accorded only to married persons by federal law, the California Constitution, or initiative statutes.

Chapter 412, Statutes of 2003

AB 252 (Jackson-D) Paternity judgments

Creates new procedures for challenging paternity.

(On Assembly Inactive File)

AB 295 (Steinberg-D) Child support

Revises the income standards used to calculate child support orders in cases where there is no information about a noncustodial parent's actual income.

(Held under submission in Assembly Appropriations Committee)

AB 370 (La Suer-R) Adoption: consent revocation waivers

Permits an adoption service provider to serve as the witness to the birth parent's signing of a waiver of the right to revoke consent to the adoption, and to complete the interview with the birth parent required before such a waiver may be signed.

(In Assembly Judiciary Committee)

AB 416 (La Suer-R) Adoption: legal guardians

Allows a legal guardian to petition for adoption of his/her ward after only six months instead of one year, provided the court finds that the child has been abandoned and the petitioner has been the child's legal guardian for at least six months. Provides that both petitions may be filed concurrently in the same court.

Chapter 81, Statutes of 2003

AB 609 (La Suer-R) Adoption: final hearings

Authorizes the court to waive the requirement that prospective adoptive parents and the child proposed to be adopted appear before the court at the final hearing in which the court makes and enters the order of adoption of the child.

(In Assembly Judiciary Committee)

AB 656 (Corbett-D) Child support collection

Requires that every child support order issued by the court on or after January 1, 2004, and that every support agreement providing for the payment of child support approved by a court on or after January 1, 2004, include a separate obligation owned by the support obligor for the cost of collection of past due child support collected by a private child support collector, as defined, payable as a private child support collector fee of 25 percent on any past due child support collected by a private child support collector pursuant to a contract with the support obligee as his/her agent. Provides that the fee may be enforced by the private child support collector by any remedy available to the obligee for enforcement of the child support order without the requirement of additional action or order by the court.

(In Senate Judiciary Committee)

AB 738 (Jackson-D) Child support enforcement

Seeks to maximize access to federal funding for child support enforcement by changing California's enforcement monitoring process from a compliance-based to a performance-based system, in accordance with recent changes in federal law.

Chapter 308, Statutes of 2003

AB 739 (Jackson-D) Child support: State Disbursement Unit

Establishes the State Disbursement Unit (SDU) in the State Treasury for the centralized disbursement of child support payments, and institutes oversight and financial controls to protect the integrity of the SDU operation.

Chapter 387, Statutes of 2003

AB 961 (La Suer-R) Nonresident petitioners: adoption

Specifies that the nonresident provisions of existing law apply to petitioners who are not residents of the United States.

(In Senate Judiciary Committee)

AB 1082 (Laird-D) Public employee health care benefits: domestic partners

Expands the current definition of a domestic partner to include two people who meet the criteria of a domestic partnership, as defined by the contracting agency, if the contracting agency adopted that definition prior to January 1, 2000.

Chapter 764, Statutes of 2003

AB 1108* (Bermudez-D) Child custody: drug testing

Permits, until January 1, 2007, a court, under specified guidelines, to order a parent seeking child custody or visitation to undergo testing for drug or alcohol use when a "preponderance of evidence" indicates that the parent engages in frequent or habitual use of controlled substances, or abuse of alcohol.

(On Assembly Unfinished Business File)

AB 1516* (Bates-R) Child custody: abduction

Modifies the factors a court must consider in assessing the risk of child abduction in child custody proceedings to avoid having an unfair impact on domestic violence victims.

Chapter 52, Statutes of 2003

AB 1635 (Keene-R) Emancipated minors

Provides that a person who is under the age of 18 years is an emancipated minor if he/she has been issued a high school diploma or has been formally recognized as an emancipated minor or the equivalent in another state.

(In Assembly Judiciary Committee)

AB 1752* (Assembly Budget Committee) Budget trailer bill: human services

Makes a series of statutory changes to increase collection of child support arrears owed to the state and to establish accurate support orders. Increases the fee to be paid by parents adopting a child through the Independent Adoptions Program to $2,950 and revises criteria for waiver or reduction of the fee to support adoptions by low-income parents.

Chapter 225, Statutes of 2003

Civil Law

SB 30 (Figueroa-D) Home improvement contracts

Revises and refines the elements of the current home improvement contracts.

(In Assembly Business and Professions Committee)

SB 69 (Oller-R) Disability: access

Sets forth the duty of an individual with a disability, who in good, faith believes that a public accommodation or housing accommodation does not provide full and equal access, to notify the owner or manager of that accommodation. Sets forth the duty of the owner or manager, or other responsible party, to notify the individual of planned access improvements, as defined, and to make those improvements within a specified period.

(In Senate Judiciary Committee)

SB 113 (Ackerman-R) Mechanics' liens

Provides an additional process to enable a mechanics' lien claimant to protect his or her arbitration rights when filing a lien foreclosure action.

Chapter 22, Statutes of 2003

SB 134 (Figueroa-D) Mechanic's liens

Requires the owner of a private work of improvement to provide a notice to the original contractor, as well as any subcontractors or materials suppliers who have filed a preliminary mechanic's lien notice, within 10 days of recording a notice of completion or cessation. Provides that the failure to provide the notice extends a subcontractor's time to record a mechanic's lien claim.

Chapter 54, Statutes of 2004

SB 146 (Escutia-D) Contracts: Spanish translation

Requires a person in a trade or business who negotiates certain contracts or agreements primarily in the Spanish language to provide the consumer a translation of every term and condition in the contract or agreement, prior to the execution of that contract or agreement.

Chapter 589, Statutes of 2003

SB 186 (Murray-D) Privacy: unsolicited commercial e-mail advertising

Clarifies current law and creates avenues to sue advertisers for unsolicited e-mail (spam). Creates a cause of action for the consumer, the e-mail service provider, or the Attorney General.

Chapter 487, Statutes of 2003

SB 199 (Murray-D) Internet piracy

States the intent of the Legislature to enact legislation relating to Internet piracy.

(In Assembly Judiciary Committee)

SB 219 (Romero-D) Public agency: liability: immunity

Refines the conditions under which a public agency is immune from civil damages liability for damages caused to innocent third parties by police pursuits.

(Refused passage on Assembly Floor; reconsideration granted. Placed on Assembly Inactive File.)

SB 225 (Vincent-D) Civil liability: pet death

Provides, except as specified, that any person who causes the intentional or negligent death of another person's pet, or the owner of another animal that causes the death of another person's pet, is liable in a civil action for up to $4,000 in noneconomic damages.

(In Senate Judiciary Committee)

SB 262 (Kuehl-D) Buildings: access: enforcement

Adds civil penalties to the remedies public prosecutors may seek in enforcing building access laws for physically handicapped people. Adds county counsels to the public attorneys authorized to enforce these laws.

Chapter 872, Statutes of 2003

SB 294 (Soto-D) Statewide Registry: trustees

Requires all trustees to register in the Statewide Registry maintained by the State Department of Justice, in which all guardian and conservators and some trustees must now register. Provides that the provisions of the bill do not apply to a trustee who administers less than six at a time and makes technical/clarifying changes.

Chapter 629, Statutes of 2003

SB 307 (Ackerman-R) Grand juries

Relocates provisions relating to the civil grand jury, or a combined civil and criminal grand jury, to the Government Code, and enacts a new provision governing the impaneling of a grand jury with power to issue indictments. Amends and repeals various provisions of the Penal Code relating to grand juries.

(In Senate Judiciary Committee)

SB 325 (Florez-D) Securities fraud: statute of limitations

Extends the statute of limitations for fraud actions relating to corporate securities from three to five years.

(In Senate Judiciary Committee)

SB 331 (Romero-D) Toxic injuries: limitation of actions

Codifies the doctrine of delayed discovery as it applies to the statute of limitations for filing a lawsuit for illness, injury or death caused by exposure to hazardous waste and contains legislative intent language.

Chapter 873, Statutes of 2003

SB 335 (Romero-D) Corporate Three Strikes Act

Enacts the Corporate Three Strikes Act, which requires general corporations, nonprofit public benefit corporations, nonprofit mutual benefit corporations, partnerships and limited liability companies that are convicted of certain felony crimes to meet specified reporting requirements. Also prohibits repeat offenders, as defined, from incorporating, forming, or transacting business in this state.

(Failed passage in Senate Appropriations Committee)

SB 343 (Florez-D) Elder and dependent adult abuse: civil action

Provides an exception for actions brought for damages under the Elder Abuse and Dependent Adult Civil Protection Act and apply that exception to actions pending on January 1, 2004.

(In Senate Judiciary Committee)

SB 458 (Burton-D) Construction defects: affirmative defenses

Clarifies the law related to affirmative defenses in construction defect litigation. Specifies that effected parties other than builders have the same affirmative defenses specified in the construction defect statute.

(On Assembly Inactive File)

SB 466 (Escutia-D) Entry of judgment: nondisclosure agreements

Provides that in specified actions alleging damages caused by a product defect or an environmental hazard, any part of an agreement or order, as specified, that requires the nondisclosure of information that may be evidence of the defect or hazard may not be entered or enforced by the court upon settlement or a final order, unless the court enters a final protective order.

(In Senate Judiciary Committee)

SB 515 (Kuehl-D) Civil actions

Makes the Strategic Lawsuit Against Public Participation (SLAPP) motion (special motion to strike a cause of action arising from any act of the defendant in furtherance of that person's right of petition or free speech) inapplicable to (1) public interests and class action lawsuits when specified conditions are met, and (2) lawsuits brought against a business that arises from commercial statements or conduct of that business, as specified. Provides if the trial court denies a SLAPP motion because of the new exemptions, the stay of discovery and the right to an immediate appeal provisions of the anti-SLAPP law do not apply.

Chapter 338, Statutes of 2003

SB 523 (Escutia-D) Corporate liability

Provides that a corporation and a limited liability company is liable for civil penalties up to $1,000,000 in an action brought by the State Attorney General (AG) or a district attorney or city attorney if the corporation or limited liability company has knowledge of certain acts and fails to notify the AG or the appropriate government agency and shareholders or investors.

Chapter 477, Statutes of 2003

SB 600 (Assembly Judiciary Committee) Maintenance of the codes

Makes numerous and technical changes in the California codes that have been recommended by the Legislative Counsel's office.

Chapter 62, Statutes of 2003

SB 658 (Florez-D) Producer's liens

Removes the restriction requiring a farm product or processed form thereof to be in the possession of the processor in order for a lien to attach.

(In Senate Agriculture and Water Committee)

SB 792 (Sher-D) Jurisdiction: foreign forums

Requires a petitioner in regard to out of state jurisdiction in specified actions to present evidence of the availability and adequacy of the alternative foreign forum. Specifies the intent of the Legislature in this regard.

(In Assembly Judiciary Committee)

SB 796 (Dunn-D) Employment

Allows employees to sue their employers for civil penalties for employment law violations.

Chapter 906, Statutes of 2003

SB 804 (Machado-D) Homesteads: exemptions

Increases the homestead exemption for money judgements from $125,000 to $150,000 for senior citizens and disabled individuals.

Chapter 64, Statutes of 2003

SB 835 (Escutia-D) Health care liens

Clarifies the determinations of a charge relative to liens asserted by specified entities for the recovery of money paid or payable to an insured for medical services in the charge appearing on the statement or accounting of services.

(In Senate Judiciary Committee)

SB 872 (Alarcon-D) Civil rights: hate crimes

Provides that in any action by an individual seeking relief for discrimination, proof of a hate crime conviction arising under the same incident alleged in the cause of action under these provisions creates a conclusive presumption that a violation of these provisions has been committed.

(In Senate Judiciary Committee)

SB 933 (Dunn-D) Victims of wrongful or coerced repatriation

Enacts a one-time limitations period of two years for claims arising out of the alleged deportation and coerced emigration of United States citizens and residents of Mexican descent during the period from 1929 to 1944.

Vetoed by the Governor

SB 1013 (Ackerman-R) Civil actions: statute of limitations

Repeals several provisions enacted last year by SB 688 (Burton-D). Returns the statute of limitations for personal injury and wrongful death actions to one year, except for victims of the September 11, 2001 terrorist aircraft-related attacks. Restores the summary judgment statute to its pre-SB 688 provisions, which allows a summary judgment motion to be filed and served 28 days (instead of 75 days) before the time set for hearing the motion, and did not provide provisions for an ex parte application or court order for a continuance to allow a party to complete discovery, or require an appellate court to give the parties an opportunity to brief the court on new issues if the court is considering those new issues on appeal.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 1021 (Poochigian-R) Trusts

Revises and recasts the provisions by which a trustee may give a notice of proposed action. Enlarges the circumstances under which a notice of proposed action could be used, specifies the form of the notice, to whom it is to be given, the circumstances under which it is not to be used, and the methods by which a beneficiary may object to a proposed action.

(In Senate Judiciary Committee)

SR 25 (Burton-D) U.S.A. PATRIOT Act

Urges the California congressional delegation to work to repeal any provisions of the U.S.A. Patriot Act that limits or impinges on the rights and liberties protected by the Constitution and to oppose any pending or future federal legislation to the extent that it infringes on Americans civil rights and liberties.

(In Senate Rules Committee)

This resolution is identical to SJR 22 (Burton-D), which is in the Senate Rules Committee.

AB 18 (Leno-D) Public employment: discrimination

Removes disability from the bases of discrimination as defined in the State Civil Services Act. Includes gender, sexual orientation, physical disability, medical condition, and mental disability. Includes gender, sexual orientation, age, and medical condition within the grounds of discriminatory conduct to which the State Civil Services Act applies.

(In Assembly Judiciary Committee)

AB 88 (Corbett-D) Contracts: telemarketing

Codifies into state law existing federal regulations requiring that telemarketers obtain express consent and at least the last four digits of a consumer's account number from the consumer before he/she enters into any agreement involving a free trial period that leads to subsequent charges if the agreement is not cancelled.

Chapter 77, Statutes of 2003

AB 167 (Harman-R) Probate

Makes numerous technical corrections and clarifications to various provisions of the Probate Code.

Chapter 32, Statutes of 2003

AB 182 (Harman-R) Exempt property: evaluation

Increases the personal property exemption amounts by approximately 20 percent, to reflect changes in the cost of living since the amounts were last adjusted in 1994. Creates a mechanism for triennial automatic adjustments in the personal property exemption amounts tied to the increase in the All Urban Consumer Price Index.

Chapter 379, Statutes of 2003

AB 196 (Leno-D) Gender discrimination

Imports the definition of gender from hate crimes statutes that prohibit violence against any person on the grounds of gender or perceived gender into the Fair Employment and Housing Act (FEHA), thereby extending the FEHA prohibition against discrimination to that based on perceptions of an individual's gender, regardless of whether the perceived gender characteristics are different from those traditionally associated with the individual's sex at birth. Permits employers to require employees to adhere to reasonable workplace appearance and standards consistent with state or federal law, provided that employees are allowed to appear or dress consistently with their gender identity.

Chapter 164, Statutes of 2003

AB 209 (Leslie-R) Disabled persons: liability

Establishes new procedural hurdles to seeking redress under state law for violations of federal law, an affirmative defense and a cap on damages for unlawful disability discrimination by places of public accommodation.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 262 (Chan-D) Personal information

Extends the prohibition in existing law for any health care provider, health care service plan, contractor, or corporation to intentionally share, sell, or otherwise use any medical information for any purpose not necessary to provide health care services to a patient, except as authorized by the patient, to also apply to marketing medical information. Prohibits a health care provider, pharmacy, health care service plan or contractor from being remunerated for providing any information or data relating to a prescription if it includes identifiable information concerning the prescribing physician.

(In Senate Appropriations Committee)

AB 286 (Dutra-D) Mechanics' liens

Provides that for home improvement contracts executed in an amount of $15,000 or less, the homeowner may set-off the amount of good faith payments made to the original contractor against the aggregate amount of mechanics' lien claims made against the property.

(In Senate Judiciary Committee)

AB 308 (Montanez-D) Money judgments: writs of execution

Provides that the issuance of writs of execution for child support and spousal orders shall be given priority by clerks of the court over the issuance of other writs by the clerk of the issuing court.

Chapter 17, Statutes of 2003

AB 378 (Steinberg-D) Escheat: unclaimed insurance proceeds

Incorporates unclaimed insurance proceeds made available by demutualization into the states Unclaimed Property Fund.

Chapter 304, Statutes of 2003

AB 418 (Pacheco-R) Civil actions: service of summons

Facilitates the service of a summons on a person or business entity with no known address other than a private post office box, and on a business entity whose form is unknown.

Chapter 128, Statutes of 2003

AB 447 (Vargas-D) Lien claims: release: attorneys' fees

Increases the maximum amount of attorneys' fees that may be awarded to a prevailing party in an action to release a property from a lien, from $1,000 to $2,000.

Chapter 279, Statutes of 2003

AB 588 (Koretz-D) Animals: research

Bars animal shelters from selling or otherwise transferring live or dead animals for purposes of education, testing, research or biological supply, to animal research facilities or biological supply facilities.

(In Assembly Judiciary Committee)

AB 634 (Steinberg-D) Elder abuse lawsuits

Establishes state policy disfavoring confidential settlement agreements in any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) such as financial abuse, neglect, or physical abuse, and requires a showing, as specified, before a confidentiality agreement in an EADACPA proceeding may be recognized or enforced by the court.

Chapter 242, Statutes of 2003

AB 647 (Nunez-D) Tenancy: code violations: penalties

Penalizes a landlord who is renting a dwelling unit that is substandard or in violation of habitability requirements, and who has failed to make repairs after being notified by a housing official of the defects.

Chapter 109, Statutes of 2003

AB 690 (Pacheco-R) Garnishment: execution and attachment liens

Simplifies the process by which a debtor's bank accounts may be attached or levied upon by allowing service of a single attachment order or writ of execution on a financial institutions central location within the county, if one is designated, to apply to all of the debtor's accounts at that institution, instead of requiring service of separate orders on each branch in which the debtor has an account.

Chapter 110, Statutes of 2003

AB 695 (Harman-R) Decedents' estates: posthumously conceived children

Provides that, for purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived after the death of the decedent shall be deemed to have been born in the lifetime of the decedent if the child or his/her representative proves by clear and convincing evidence that specified conditions are satisfied. Makes related changes.

(In Assembly Judiciary Committee)

AB 703 (Dymally-D) Racial discrimination: definition

Provides a statutory definition of "racial discrimination" that is based on the language used in the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the United Nations General Assembly, signed by the United States and ratified by the United States Senate. Provides that Section 31, Article 1 of the California Constitution shall not be interpreted to grant an individual a private cause of action to challenge any special measures undertaken for the purpose of securing adequate advancement of racial groups requiring protection pursuant to the International Convention provision, and that special measures shall not be interpreted as preferential treatment under Section 31. Provides that Section 31, Article 1 of the California Constitution shall not be construed to require government to prove racial discrimination before undertaking special measures for the purpose of securing adequate advancement of racial minority groups needing protection pursuant to the relevant International Convention provision.

Chapter 211, Statutes of 2003

AB 763 (Liu-D) Privacy: social security numbers

Prohibits a person or entity that is authorized to mail a social security number from mailing it in a manner where the number is visible without opening the envelope or printed on any mailer that does not require an envelope. Double-jointed with SB 25 (Bowen-D).

Chapter 532, Statutes of 2003

AB 831 (Goldberg-D) Unlawful detainer

Seeks to provide tenants additional time to respond to a summons issued in an unlawful detainer actions and to a writ of possession.

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

AB 842 (Vargas-D) Time-share estates

Extends a time-share purchaser's contract cancellation period, provides for purchaser reimbursement, and requires additional disclosure requirements regarding time-share transactions.

(In Senate Judiciary Committee)

AB 903 (Steinberg-D) Construction defects

Corrects and/or clarifies various technical errors and issues in the construction defect laws passed last year by the Legislature.

Chapter 762, Statutes of 2003

AB 972 (Correa-D) False Claims Act

Authorizes a political subdivision to file a civil action only if it concludes, as a result of the investigation required under these provisions, that there is a reasonable, good faith belief that a violation of the act has occurred or is occurring, and that filing the action will not be in retaliation for a contractor's good faith dispute regarding change orders, payment, or other contract terms or for some other improper purpose.

(In Assembly Judiciary Committee)

AB 1135 (Spitzer-R) Immunity: rides: intoxicated passengers

Provides that any person or organization that provides an automobile ride to an intoxicated person will not be liable for any injury to an intoxicated passenger if the passenger contributed to the cause of his/her injury by more than 50 percent, unless the driver was intoxicated.

(Failed passage in Assembly Judiciary Committee)

AB 1143 (Simitian-D) Civil procedure: Internet services

Adds internet service providers to the list of "witnesses" who have and maintain personal records of a consumer, such as physicians, clinical laboratories, security brokerage firms, attorneys, accountants, insurance companies and schools, that may be subject to a subpoena duces tecum for production of a consumer's personal records in connection with a civil action or proceeding.

(In Senate Judiciary Committee)

AB 1231 (Simitian-D) Arbitration agreements

Creates an exemption from specified ethics standards for arbitrations for a real estate licensee assisting in a dispute resolution solely for real estate licensees administered by a trade association or multiple listing service, as defined, for disputes between members and not consumer disputes.

(In Assembly Judiciary Committee)

AB 1333 (Spitzer-R) Mechanics' liens: design professionals

Provides that a pay-if-paid provision in a contract between a design professional and a consultant to perform services in anticipation of a work of improvement is enforceable if the services are performed prior to the commencement of the site improvement, as specified, and site improvement has not commenced or the work of improvement is a public work of improvement.

(In Assembly Judiciary Committee)

AB 1349 (Canciamilla-D) Wills and trusts: prohibited transferees

Expands the class of persons who may not receive a donative transfer through a will or other instrument executed by a dependent adult to include a person who is related by blood or marriage to, is a domestic partner of, is a cohabitant with, or is an employee of a care custodian of the dependent adult.

Chapter 444, Statutes of 2003

AB 1448 (Liu-D) Elder and dependent adult abuse: civil actions

Contains findings and declarations that it is the public policy of the State of California to ensure that applicants and residents of long-term care facilities have the full benefit of the rights and procedures contained in the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). Precludes a long-term care facility from requesting in its contract of admission, or otherwise prior to a dispute, that a resident or applicant agree to arbitrate or otherwise waive any rights or procedures provided under EADACPA, including but not limited to the right to file a civil action against the facility for violation of EADACPA. Precludes a long-term care facility from retaliating against an applicant or resident because he or she refuses to waive rights or procedures provided for in this chapter or to sign or comply with an arbitration agreement in violation of this bill.

(On Assembly Inactive File)

AB 1639 (Firebaugh-D) Appeals: injunctions against nuisances

Provides that, unless the trial or appellate court orders otherwise, a temporary restraining order or preliminary injunction will be enforceable during the pendency of an appeal if it has been issued pursuant to government efforts to abate a narcotics or vice nuisance under the Narcotics Abatement Law or the Red Light Abatement Law.

Chapter 31, Statutes of 2003

AB 1705 (Assembly Judiciary Committee) Trustees: distributions: liability

Prohibits a trustee from requiring a beneficiary to relieve the trustee of liability as a condition of making a distribution to the beneficiary that is required by the trust instrument. Provides that this prohibition shall not be construed to affect the trustee's rights under current law to undertake specific actions.

Chapter 585, Statutes of 2003

Index (in Bill Order)