Criminal Justice and Judiciary

Death Penalty
Privacy/Identity Theft
Domestic Violence
Child Abuse/Sex Offenders
Controlled Substances
Drunk Driving/Other Vehicle Code Offenses
Human Trafficking
Other Crimes and Sentencing
Procedural (Criminal only)
Juries
Juvenile Justice
Corrections
Victims of Crime
Weapons
Courts/Judges/Legal Profession
Law Enforcement
Family Law
Civil Law

Note: * Denotes Urgency or Tax Levy Legislation.

Death Penalty

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SB 490 (Hancock-D) Death penalty: life-without-possibility-of-parole

Substitutes, upon approval of the voters in the November 2012 general election, life-without-possibility-of-parole (LWOP) for the death penalty as punishment for persons convicted of first-degree murder with special circumstances. States that in any case where a defendant was sentenced to death prior to or following enactment of this measure, upon voter approval, the sentence of each defendant shall convert to LWOP.
(Died in Assembly Appropriations Committee)

SB 1372* (Runner-R) Justice for Murder Victims Act of 2012

Requires the superior court which imposed the death sentence to offer to appoint counsel to represent state prisoners subject to a capital sentence for purposes of state postconviction proceedings, and requires the superior court to appoint one or more counsel to represent the prisoner in a state habeas corpus proceeding. Requires the Judicial Counsel and the Supreme Court to establish the guidelines to be adhered to in the appointment of counsel's in the death penalty appeals and habeas corpus proceedings.
(Died in Senate Public Safety Committee)

SB 1489 (Harman-R) Death penalty cases: exhibits

Authorizes a court to order the destruction of exhibits in a death penalty case one year after the death of defendant awaiting execution. Deletes paper exhibits from the definition of a court record.
Chapter 283, Statutes of 2012

SB 1514 (Anderson-R) Death sentences: automatic appeal

Removes the automatic appeal to the State Supreme Court in cases where a judgment of death is rendered and instead provides that an appeal may be taken to an appellate court in the same manner as an appeal where a judgment of death is not rendered in a murder case.
(Died in Senate Public Safety Committee)

SCA 20 (Anderson-R) Death penalty appeals: jurisdiction

Removes the appellate jurisdiction in cases where the judgment is death from the Supreme Court and places it with the courts of appeal.
(Died in Senate Public Safety Committee)

Privacy/Identity Theft

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SB 102 (Correa-D) Customer privacy: telecommunications

Requires a commercial seller of mobile telephony service communications devices (commonly known as "cell phones") that incorporate geotagging, as defined, which is capable of disclosing this capability to a potential purchaser prior to completing a sale of the device. Prohibits the commercial seller from selling a mobile telephony service communications device to a purchaser with the geotagging capability activated or operational without first obtaining the purchaser's consent, in writing, acknowledging that the purchaser has been informed of the existence of the geotagging capability and consents to this capability being activated or operational.
(Died in Senate Energy, Utilities and Communications Committee)

SB 761 (Lowenthal-D) Online privacy

Requires the Attorney General, by 7/1/12, to adopt regulations that require online businesses to provide California consumers with a method for the consumer to opt out of the collection or use of his/her information by the business.
(Died in Senate Appropriations Committee)

SB 1267 (Padilla-D) Genetic Information Privacy Act

Enacts the Genetic Information Privacy Act, which prohibits any person, as defined, from obtaining, analyzing, retaining, or disclosing genetic information without the written authorization of the individual to whom the information pertains.
(Died in Senate Appropriations Committee)

SB 1384 (Simitian-D) Privacy: consumer information

Allows a consumer to freeze his/her specialty consumer report, defined to mean reports relating to the consumer's medical records, residential or tenant history, employment history, or insurance claims.
(Died on Senate Inactive File)

SB 1389 (Corbett-D) Privacy: Internet crimes: data collection

Requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice (DOJ) any information that may be required relative to crimes committed through the misuse of private information gathered from the Internet, as specified. Requires the DOJ in consultation with the Office of Privacy Protection to survey local law enforcement agencies to obtain information that tracks the amount and type of such crimes, and to publish that information, as well as recommendations to reduce that criminal activity, on the DOJ Web site.
(Died in Senate Appropriations Committee)

AB 3 (Miller-R) Confidential home addresses: vehicles

Requires the Department of Motor Vehicles to provide notice of outstanding toll evasion violations to individuals who have requested a confidential home address.
(Died in Assembly Appropriations Committee)

AB 439 (Skinner-D) Confidentiality of Medical Information Act

Provides an affirmative defense for a violation of the Confidentiality of Medical Information Act so that the plaintiff may not be awarded nominal damages if the defendant establishes that defense, as specified. Applies to actions brought on or after 1/1/12.
Chapter 437, Statutes of 2012

AB 733 (Ma-D) Privacy: access to pupil records

Makes numerous technical changes to conform state law with the federal Family Education Rights and Privacy Act regarding access to pupil records without parental consent or judicial order, as well as more substantive changes that are permitted by federal law. Prohibits schools from disclosing information from pupil records to a volunteer or other party, and specifies that a contractor or consultant must have a formal written agreement with the school district before the school may consider allowing access to information from pupil records.
Chapter 388, Statutes of 2012

AB 846 (Bonilla-D) Identity theft: foster youth

Adds the Department of Social Services (DSS) to the list of entities authorized to request credit reports on behalf of specified foster youth and clarifies the procedures for DSS and the county welfare departments to use when handling suspected identity theft that may be discovered during this process. Requires the Office of Privacy Protection, in consultation with the DSS and other stakeholders, to develop a list of nonprofit organizations and governmental agencies that assist consumers with identity theft issues.
(Died in Senate Appropriations Committee)

AB 1528 (Donnelly-R) Privacy: invasion of privacy: felony

Makes the crime of invasion of privacy with the naked eye or with the use of an instrumentality, otherwise known as "peeping," a felony punishable in the state prison.
(Failed passage in Assembly Public Safety Committee)

AB 1604 (Campos-D) Privacy: invasion of privacy: computer crimes

Authorizes the interception of an electronic transmission of a computer trespasser transmitted to, through or from a computer system if authorized by the owner of the computer system for the sole purpose of recovering the computer system.
(Died in Assembly Public Safety Committee)

AB 1937 (Silva-R) Privacy: access to pupil records

Authorizes schools to release information from pupil records to a contractor, consultant or other party to whom a school has outsourced institutional services or functions.
(Died in Senate Education Committee)

AB 2455 (Campos-D) Identity theft: local agencies

Requires local agencies to comply with the state's information privacy breach notification law, which requires an agency that owns or licenses a computer data system including personal information to provide notification to impacted persons following any breach of the data whereby personal information was, or is believed to have been acquired.
(Died in Assembly Appropriations Committee)

AB 2483 (Blumenfield-D) Address confidentiality

Removes the requirement that victims alleging stalking as the basis of their eligibility for the address confidentiality program provide specific attached evidence to the application. Makes the inclusion of specific evidence in these applications permissive.
Chapter 102, Statutes of 2012

AB 2513 (Bonilla-D) Identity theft: licensees: foster children

Requires that a license for the operation of a residential community care facility for the care of foster children be forfeited if the licensee is convicted of identity theft.
(Died in Assembly Appropriations Committee)

Domestic Violence

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SB 480 (Vargas-D) Domestic violence: public social services

Provides that in determining whether a county has failed to meet the federal work requirements relative to the Supplemental Nutrition Assistance Program, the number of cases subject to the federal work participation requirements is not to include specified cases granted a federally recognized good cause domestic violence waiver.
(Died in Senate Appropriations Committee)

SB 1379 (Rubio-D) Domestic violence: terms of probation

Increases the amount of the minimum payment by a defendant when he/she is granted probation for a crime of domestic violence from $400 to $500.
(Died in Senate Public Safety Committee)

SB 1403 (Yee-D) Domestic violence: restraining orders

Expands an existing law that permits tenants who are victims of domestic violence, sexual assault, or stalking to terminate a tenancy to include victims of elder abuse, and adds a protective order to the list of documents that may be used by the tenant as evidence of the underlying abuse.
Chapter 516, Statutes of 2012

SB 1433 (Alquist-D) Domestic violence: protective orders

Requires a law enforcement officer who serves a protective order that prohibits the individual from possessing a firearm to request the firearm be immediately surrendered.
Chapter 765, Statutes of 2012

AB 545 (John A. Pérez-D) Domestic violence

Expands felony domestic violence to include acts against former fiancés and fiancées, as well as current and former dating relationships.
(Died in Senate Public Safety Committee)

AB 593 (Ma-D) Domestic violence: writ of habeas corpus

Expands the provisions allowing a habeas corpus petition in cases where intimate partner battering was not introduced into evidence to include cases where the evidence was not competent or substantial and where such evidence may have changed the sentence not just the conviction.
Chapter 803, Statutes of 2012

AB 1165 (Achadjian-R) Domestic violence: probation: terms

Specifies that an act or omission relating to the approval of a batterer's treatment program for probationers who have been convicted of crimes of domestic violence is a discretionary act pursuant to Section 820.2 of the Government Code. Double-jointed with AB 2094 (Butler-D), Chapter 511, Statutes of 2012.
Chapter 628, Statutes of 2012

AB 1593 (Ma-D) Battering: inmate partner: parole

Requires the Board of Parole Hearings, when reviewing a prisoners suitability for parole, to give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering and provides that they cannot use the fact that the prisoner brought in the evidence to find that a prisoner lacks insight to his/her crime.
Chapter 809, Statutes of 2012

AB 1740 (V. Manuel Pérez-D) Domestic violence: employment protections

Prohibits an employer from discriminating or retaliating against an employee who is a victim of stalking, and requires the employer to make reasonable accommodations in a timely manner for an employee who is a victim of domestic violence, sexual assault, or stalking.
(Died in Assembly Appropriations Committee)

AB 1852 (Campos-D) Domestic violence: vital records: fees

Allows a county board of supervisors, or a city council of a city with a local registrar, upon making findings and declarations of the need for governmental oversight and coordination of agencies dealing with domestic violence and child abuse, to increase fees for certified copies of marriage certificates, birth certificates, fetal death records, and death records by up to $5.
Vetoed

AB 2051 (Campos-D) Domestic violence: victim testimony

Authorizes courts to refer victims of domestic violence cases to a domestic violence counselor when they refuse to testify, and to authorize prosecutors to re-file charges when they dismiss cases due to a domestic violence victim's failure to testify, as specified.
Chapter 510, Statutes of 2012

AB 2094 (Butler-D) Domestic violence: mandatory minimum probation

Increases, from $400 to $500, the fee imposed on persons granted probation for a domestic violence offense, and requires a court to state its reasons for reducing or waiving this fee on the record. Double-jointed with AB 1165 (Achadjian-R), Chapter 628, Statutes of 2012.
Chapter 511, Statutes of 2012

AB 2467 (Hueso-D) Domestic violence protective orders: electronic monitoring

Authorizes a court with jurisdiction over a criminal matter involving domestic violence to include electronic monitoring as part of a protective order, as specified.
Chapter 513, Statutes of 2012

Child Abuse/Sex Offenders

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SB 54 (Runner-R) Sex offenders: residency restrictions

Makes the following two changes to the residency restrictions now applicable to registered sex offenders: (1) provides that the residency restriction of 2,000 feet of any public or private school or park where children regularly gather shall be measured by the shortest practical pedestrian or vehicle path, and (2) provides a judicial process whereby registered sex offenders could be relieved of this restriction, as specified.
(Died in Senate Public Safety Committee)

SB 57 (Runner-R) Sex offenders: registration

Specifies that persons required to register as sex offenders must provide the registering law enforcement agency with the persons online names and addresses, e-mail addresses and instant messaging user names for all his/her social networking Internet Web site accounts. Requires that changes in this information be updated within 30 days. Authorizes the law enforcement agency to share this information with other law enforcement entities. Defines a social networking Web site as one that allows persons, including juveniles, to communicate with acquaintances and strangers, construct a public or semi-public profile, set a list of users or members with whom they share a connection, and view and traverse their list of connections with others within the system.
(Died in Assembly Appropriations Committee)

SB 123 (Liu-D) California Runaway, Homeless, and Exploited Youth Act

Requires the California Emergency Management Agency, subject to the availability of adequate resources, to develop a statewide plan for runaway, homeless, and exploited youth in collaboration with the Senate Office of Research and various stakeholders.
(Died in Senate Appropriations Committee)

SB 492 (Correa-D) Sex offenders: sexually violent predators: civil commitment

Requires the Secretary of the Department of Corrections and Rehabilitation (CDCR) to refer to the Department of Mental Health (DMH) for assessment any person in the custody of the CDCR, including the Division of Juvenile Facilities and persons on parole or for whom a warrant of arrest is outstanding, who has committed a sexually violent offense, as defined. Requires the Director of DMH to identify and evaluate individuals who are in custody under the jurisdiction of the DMH and who have convictions for sexually violent offenses at least six months prior to their release.
(Died in Senate Public Safety Committee)

SB 531 (Rubio-D) Sex offense cases: search warrants: HIV testing

Requires a defendant to be tested for the human immunodeficiency virus (HIV) within 48 hours of a search warrant being issued authorizing the administration of the test if the victim of a forcible sex offense requests the testing. Requires the local health officer to disclose the HIV test results as soon as practicable to the victim and defendant.
(Died in Senate Appropriations Committee)

SB 760* (Alquist-D) Sexually violent predators: evaluations

Authorizes an attorney petitioning for the commitment of a sexually violent predator to request the Department of State Hospitals to perform a replacement evaluation if the evaluator "is no longer able to testify for the petitioner in court proceedings" as a result of the retirement or resignation of the evaluator and the evaluator has not entered into a new contract to continue as an evaluator on the case except in the instance the evaluator has opined that the individual named in the petition has not met the criteria for commitment, as specified.
Chapter 790, Statutes of 2012

SB 1264 (Vargas-D) Mandated child abuse and neglect reporters

Adds any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary institutions, as a mandated child abuse and neglect reporter, and to raise penalties relating to failure to report, including fine increases and making an existing misdemeanor a felony punishable by state prison. Double-jointed with AB 1434 (Feuer-D), Chapter 519, Statutes of 2012, AB 1435 (Dickinson-D), Chapter 520, Statutes of 2012, AB 1713 (Campos-D), Chapter 517, Statutes of 2012, and AB 1817 (Atkins-D), Chapter 521, Statutes of 2012.
Chapter 518, Statutes of 2012

SB 1352 (Corbett-D) Child abuse: investigation and prosecution

Authorizes statutorily the establishment of Child Advocacy Centers to coordinate the investigation and prosecution of child abuse.
Vetoed

SB 1502 (Runner-R) Sex offenders: community care facilities

Prohibits a foster family home, foster family agency, or certified family home from knowingly accepting or permitting placement of any foster child if a person for whom registration is required for specified sex offenses resides at the location where the child is to be placed.
(Died in Senate Human Services Committee)

SB 1551 (Vargas-D) Child sexual abuse: mandated reporting

Enacts a new crime, punishable as a misdemeanor or a felony depending upon the circumstances, for any competent adult 18 years of age or older to fail to report within 72 hours child sexual abuse when they become "aware of information or evidence that would cause a reasonable suspicion of child sexual abuse," as specified.
(Died in Senate Public Safety Committee)

AB 421 (Smyth-R) Sexually violent predators: mental health

Changes procedures in sexually violent predator commitment proceedings. Specifies each party receives 10 peremptory challenges in selecting the jury. Allows the prosecuting attorney access to all records concerning the defendant without obtaining a court order. Expresses findings regarding the necessity for indeterminate terms for sexually violent predator commitment proceedings.
(Died in Assembly Public Safety Committee)

AB 493 (Perea-D) Registered sex offenders: community care facilities

Makes it a misdemeanor for a person required to register under the Sex Offender Registration Act to reside, work, or volunteer, except as specified, in a licensed foster home or facility, a certified home of a foster family agency, or a home or facility approved to receive placement of a dependent child, as specified.
(Died in Senate Appropriations Committee)

AB 543 (Torres-D) Sex offenders: social networking prohibition

Makes it a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000, for a registered sex offender on parole or probation, whose victim was under the age of 18, or who used the Internet in the commission of the crime, to access an Internet social networking site. Requires the informational statement that registered sex offenders must sign to include a notice regarding the social networking site prohibition, if applicable.
(Died in Assembly Appropriations Committee)

AB 625 (Ammiano-D) Sex offender registration

Establishes a four-tiered registration system for sex offenders for periods of 10 years, 20 years, or life and additionally creates an "inactive registration" tier for those individuals not otherwise registered.
(Failed passage on Assembly Floor)

AB 653 (Galgiani-D) Sex offenders: registration of Internet accounts

Specifies that a person required to register under the Sex Offender Registration Act to register his/her Internet accounts and Internet identifiers, defined to include e-mail addresses and designations used for the purposes of chatting, instant messaging, social networking, or other similar Internet communication. Requires the person to update this information within five days of establishing an Internet account or creating or using an Internet identifier not previously disclosed, and requires that information to be forwarded by local law enforcement agencies to the Department of Justice.
(Died in Assembly Public Safety Committee)

AB 755 (Galgiani-D) Sex offenders: CAL E-STOP

Requires every registered sex offender to inform the law enforcement agency with which he/she last registered of all Internet identifiers or service providers and must sign a statement acknowledging this responsibility.
(Died in Assembly Public Safety Committee)

AB 757 (Blumenfield-D) Sex offenders: public information

Provides that with respect to those persons whose application for exclusion from the Department of Justice (DOJ) Internet Web site as a sex offender was granted by DOJ pursuant to existing law, if at any time after exclusion, any law enforcement agency notifies DOJ that, based on facts known to the agency about the offender, the agency believes that public safety may be compromised by the continued exclusion of the offender from public posting on the Internet Web site, DOJ shall, 30 days after notifying the offender, make information about the offender available to the public on the Internet Web site.
(Died in Assembly Public Safety Committee)

AB 765 (Achadjian-R) Sex offenders: rape by fraud

Provides that rape occurs where the victim submits to sexual intercourse because she believes that the person committing the act is the victim's cohabitant and this belief is induced by any artifice, pretense or concealment by the perpetrator, with the intent to induce the victim's belief.
(Died in Senate Public Safety Committee)

AB 883 (Cook-R) Sex offenders: registration

Requires registration as a sex offender for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction would have been punishable as one or more of specified sex crimes included in the Sex Offender Registration Act.
(Died in Assembly Public Safety Committee)

AB 884 (Cook-R) Sexually violent offenders: notification

Requires law enforcement agencies to notify enumerated individuals and entities within five days if a person required to register under the Sex Offender Registration Act for specified crimes registers in the jurisdiction.
(Died in Assembly Public Safety Committee)

AB 1022 (Fletcher-I) Sex offenders: registration

Authorizes state and local law enforcement to provide information available on the Department of Justice's Web site of registered sex offenders, upon request, by e-mail or other electronic notification.
(Died in Assembly Appropriations Committee)

AB 1188 (Pan-D) Child abuse: crimes: serious and violent felonies

Adds four new offenses relating to child abuse to the list of "violent" felonies, adds five new offenses related to human trafficking and the abuse of a child to the "serious" felony list.
(Died in Assembly Public Safety Committee)

AB 1226* (Cook-R) Child abuse: crimes

Makes it a felony for a parent, guardian, or caregiver having the care, custody, and control of a child under 18 years of age to knowingly fail to report the child's death and the location of the child's remains to law enforcement, emergency medical personnel, or the coroner within two hours of the discovery of the child's death or as soon as possible thereafter if reasonable and expedient means to notify were not previously available.
(Died in Senate Rules Committee)

AB 1243* (Fletcher-I) Child abuse: sex offenders: sex crimes

Includes the infliction of great bodily injury on the victim or another person among the list of circumstances listed in Proposition 83 (Jessica's Law), approved by the voters at the 11/7/06 statewide general election, that if committed by any person in the commission by the defendant of rape, sodomy, or oral copulation would subject the defendant to imprisonment in the state prison for 15 years to life.
(Died in Assembly Public Safety Committee)

AB 1434 (Feuer-D) Child abuse reporting: mandates

Adds employees and administrators of a public or private postsecondary institution, as to child abuse or neglect occurring on that institution's premises or at an official activity of, or program conducted by, the "institution" as mandated child abuse and neglect reporters.
Chapter 519, Statutes of 2012

AB 1435 (Dickinson-D) Child abuse reporting: athletics

Includes an athletic coach, athletic administrator, or athletic director employed by any public or private school that maintains any combination of instruction from kindergarten to grade 12, inclusive, in the mandated child abuse and neglect reporter laws. Double-jointed with AB 1713 (Campos-D), Chapter 517, Statutes of 2012, AB 1817 (Atkins-D), Chapter 521, Statutes of 2012, SB 1264 (Vargas-D), Chapter 518, Statutes of 2012, and AB 1434 (Feuer-D), Chapter 519, Statutes of 2012.
Chapter 520, Statutes of 2012

AB 1438 (Bradford-D) Child sexual abuse

Requires any person who reasonably believes he/she has observed an incident of non-forcible lewd and lascivious acts upon a child under the age of 14 years to report that incident to law enforcement, and makes the failure of making such a report subject to criminal penalties, as specified.
(Died in Senate Public Safety Committee)

AB 1440 (Perea-D) Child abuse and neglect: reports

Expands the reporting requirements for county child welfare departments when a child dies due to abuse or neglect.
(Died in Assembly Appropriations Committee)

AB 1522 (Atkins-D) Sex offenders: family law: monetary awards

Prohibits awards of spousal support, medical, life or other insurance benefits, attorney's fees as specified, or any community property interest in the injured spouses retirement, pension, or insurance benefits to individuals convicted of violent sexual felonies against their spouses. Requires a court, in dissolution proceedings, to award attorney's fees and costs to an injured spouse, as defined.
Chapter 718, Statutes of 2012

AB 1563 (Norby-R) Sex offenders: schools: volunteers

Authorizes the governing board of a school district to permit a person, except a person required to register as a sex offender, to serve as an unpaid volunteer for a capital maintenance project in the school district.
(Died in Assembly Education Committee)

AB 1564* (Lara-D) Child abuse reporting: tax-exempt organizations

Includes volunteers of public or private organizations, including nonprofit organizations, whose duties require direct contact with and supervision of children in the list of individuals who are mandated reporters. Requires employers to provide training in child abuse and neglect identification and reporting to their employees and volunteers who are mandated reporters.
(Died in Assembly Public Safety Committee)

AB 1628 (Beall-D) Child abuse: civil claims

Extends the statute of limitations for civil claims based on childhood sexual abuse and prohibits confidential settlements in those cases, and imposes duties under the Child Abuse and Neglect Reporting Act to private entities with employees or representatives who are mandated reporters or work closely with minor children.
(Died in Assembly Appropriations Committee)

AB 1682 (Portantino-D) Sex offenses: statute of limitations

Increases, from two to five years, the time frame in which DNA evidence (rape kits) must be tested in order to preserve the statute of limitations in sex offense cases.
(Died in Assembly Appropriations Committee)

AB 1695 (Cook-R) Sex offenders: identification

Creates a misdemeanor for specified sex offenders to be outside his/her domicile without a state-issued identification card.
(Failed passage in Assembly Public Safety Committee)

AB 1707 (Ammiano-D) Child Abuse Central Index

Revises the law concerning the Child Abuse Central Index (CACI) to provide that a person listed in the CACI when they were under 18 years of age at the time of the report shall be removed from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period. Double-jointed with AB 1712 (Beall-D), Chapter 846, Statutes of 2012.
Chapter 848, Statutes of 2012

AB 1713 (Campos-D) Child abuse reporting

Expands the definition of commercial film and photographic print processor to include image processors for purposes of defining mandated reporters under the Child Abuse and Neglect Reporting Act.
Chapter 517, Statutes of 2012

AB 1740 (V. Manuel Pérez-D) Sex offenders: employment protections

Prohibits an employer from discriminating or retaliating against an employee who is a victim of stalking, and requires the employer to make reasonable accommodations in a timely manner for an employee who is a victim of domestic violence, sexual assault, or stalking.
(Died in Assembly Appropriations Committee)

AB 1817 (Atkins-D) Child abuse reporting

Adds commercial computer technicians as mandated child abuse and neglect reporters. Double-jointed with AB 1713 (Campos-D), Chapter 517, Statutes of 2012.
Chapter 521, Statutes of 2012

AB 1835 (Fletcher-I) Sex offenders: records

Allows access to sex offender management professionals certified by the California Sex Offender Management Board to all relevant records pertaining to a sex offender registrant.
Chapter 174, Statutes of 2012

AB 1861 (Olsen-R) Sex offenders: school employees: conduct with children

States that any teacher or employee of a public or private elementary or secondary school who engages in a sexual relationship or inappropriate communication with a pupil of any age is guilty of a felony.
(Died in Assembly Public Safety Committee)

AB 1866 (Smyth-R) Sex offenders: school employees

Requires the governing board of a school district to develop and adopt a policy relating to the manner in which the parents or guardians of the pupils of the school district may be notified, if at all, if an employee of the school district is alleged to have committed a sex offense.
(Failed passage in Assembly Education Committee)

AB 2078 (Nielsen-R) Sex offenders: sexual activity with detained persons

Clarifies that peace officers are prohibited from engaging in consensual sex with a person in a detention facility or being transported after arrest to a detention facility.
Chapter 123, Statutes of 2012

AB 2086 (Ammiano-D) Registered sex offenders: local ordinances

Requires municipal jurisdictions that enact local ordinances that restrict the movement of registered sex offenders to post notices in places that would provide sufficient notice of the restriction. Makes failure to comply with these provisions punishable by a civil penalty of $50,000, to be deposited into the General Fund.
(Died in Assembly Public Safety Committee)

AB 2331 (Miller-R) Sex offenses: rape: worktime credits

Adds rape accomplished by an intoxicating substance or rape of an unconscious person to the list of violent offenses for which the defendant may only receive 15% work time credit, rather than day-for-day credits pursuant to current law.
(Died in Assembly Appropriations Committee)

AB 2441 (Williams-D) Sexually oriented business: tax

Imposes a tax, for the privilege of operating a sexually oriented business, at the rate of $10 per customer entry.
(Died in Assembly Appropriations Committee)

ACR 123 (Bonnie Lowenthal-D) Sexual Assault Awareness Month: Denim Day

Designates the month of April 2012 as Sexual Assault Awareness Month; recognizes 4/25/12, as Denim Day California; and encourages everyone to wear jeans on that day to help communicate the message that there is no excuse for, and never an invitation to commit rape.
Resolution Chapter 35, Statutes of 2012

ACR 125 (Beall-D) Child Abuse Prevention Month

Designates the month of April 2012 as Child Abuse Prevention Month, and encourages the people of California to work together to support youth-serving child abuse prevention activities in their communities and schools during that month and throughout the year.
Resolution Chapter 14, Statutes of 2012

ACR 136 (Ma-D) Shaken Baby Syndrome Awareness Week

Recognizes 4/15/12 to 4/21/12, inclusive, as "Shaken Baby Syndrome Awareness Week."
Resolution Chapter 40, Statutes of 2012

Controlled Substances

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SB 50 (Correa-D) Controlled substances: driving under the influence

States that it is unlawful to operate a motor vehicle with any amount of a controlled substance in the driver's blood system.
(Failed passage in Assembly Public Safety Committee)

SB 129 (Leno-D) Medical marijuana

Prohibits employment discrimination on the basis of a person's status as a qualified patient (medical marijuana user) or on the basis of the person's positive drug test for marijuana, provided the person is a qualified patient and the medical use of marijuana does not occur at the place of employment or during hours of employment. Contains an exception to the prohibition when an employer hires a person in a safety-sensitive position, as specified. Creates, for a person who has suffered discrimination as described above, a civil action for damages, injunctive relief, attorney's fees and costs, and any other appropriate equitable relief to protect the peaceable exercise of the right or rights secured.
(Died on Senate Inactive File)

SB 260 (Cannella-R) Pseudoephedrine and other controlled chemicals

Provides that any person or entity that possesses one-half pound or more of pseudoephedrine, or a specified related chemical, or one-half pound of a substance containing pseudoephedrine or a related chemical, as specified, is guilty of a felony, punishable by a prison term of two, four, or six years and a fine of up to $10,000, unless enhancements apply based on the weight or volume of the substance.
(Died in Senate Public Safety Committee)

SB 315 (Wright-D) Pseudoephedrine: sale or distribution by prescription only

Allows sale or distribution of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine by prescription only and provides that a person who obtains one of these drugs without a prescription is guilty of an alternate misdemeanor-infraction.
(Died in Senate Health Committee)

SB 616 (DeSaulnier-D) Controlled substances: reporting

Creates a dedicated fund to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) and requires a number of healing arts boards within the Department of Consumer Affairs to increase their licensure, certification and renewal fees to maintain CURES.
(Failed passage in Assembly Business, Professions and Consumer Protection Committee)

SB 626 (Calderon-D) Cannabis products

Requires the Board of Equalization to establish a voluntary task force to conduct a study, and submit the results of that study to the Legislature by a specified date, to determine, among other things, the most efficient means to obtain compliance under the Sales and Use Tax Law by sellers of cannabis and cannabis products engaged in business in this state, as provided. Provides that all costs of the study be contingent upon the availability of outside, nonstate resources.
(Died in Senate Appropriations Committee)

SB 1182 (Leno-D) Medical marijuana access and distribution

Provides that a cooperative or collective that operates within the Attorney General's (AG) guidelines shall not be subject to prosecution for marijuana possession or commerce, as specified. Provides that where such an entity operates within the AG's guidelines, the entity and its employees, officers and members shall not be subject to prosecution for marijuana commerce because the entity or its employees, officers, or members received compensation for actual expenses incurred in carrying out activities in compliance with the guidelines.
(Stricken from Senate Third Reading File)

SB 1506 (Leno-D) Controlled substances: simple drug possession: misdemeanor

Provides that simple possession of a controlled substance shall be a misdemeanor.
(Failed passage on Senate Floor)

AB 223 (Ammiano-D) Marijuana: Compassionate Use Act of 1996

Makes findings and declarations regarding medical marijuana, and provides that it is the intent of the Legislature to improve the Compassionate Use Act of 1996 and the state's medical marijuana program by establishing a comprehensive and multidisciplinary commission that is empowered to address issues regarding the legality and implementation of the Act and the state's medical marijuana law. Revises the prohibition in the Compassionate Use Act of 1996 on the area where someone can engage in smoking medical marijuana from 1,000 to 600 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence or within a medical marijuana cooperative, collective, or dispensary.
(Died in Assembly Public Safety Committee)

AB 472 (Ammiano-D) Controlled substance overdose

Provides that it is not a crime for a person to be under the influence of a controlled substance, or to possess a controlled substance or drug paraphernalia for personal use, if the person, in good faith, seeks emergency assistance for an overdose victim whose drug use was related to the drug possession by the person seeking assistance.
Chapter 338, Statutes of 2012

AB 639 (Norby-R) Controlled substances: asset forfeiture

Prohibits a California law enforcement agency from transferring seized drug assets to federal authorities for forfeiture unless a California court finds that the federal forfeiture is necessary or appropriate, as specified. States that drug assets are "seized" when the agency takes control of the property. Requires payment of a fine of up to 24% of the value of the forfeited assets if the property is transferred to federal authorities in violation of the provisions of this bill. Requires the Attorney General to post its annual forfeiture report on-line for public access and to require that the report include data on federal forfeitures, as specified.
(Died in Senate Appropriations Committee)

AB 776 (Mitchell-D) Controlled substances: unlawful use

Deletes provisions in existing law requiring incarceration in a county jail for any person convicted of unlawfully using or being under the influence of specified controlled substances, in order to be in conformance with Proposition 36.
(Died in Assembly Public Safety Committee)

AB 1017 (Ammiano-D) Marijuana cultivation: reduced penalty

Makes the cultivation of marijuana alternatively punishable as a misdemeanor with a penalty of imprisonment in a county jail for a period of not more than one year.
(Died on Assembly Third Reading File)

AB 1280 (Hill-D) Controlled substances: ephedrine: retail sale

Repeals existing statutory provisions for over-the-counter sales of pseudoephedrine and related products and replaces them with new purchase limits consistent with federal law and requires the electronic tracking of purchases
(Died in Senate Appropriations Committee)

AB 1905 (Logue-R) Controlled substances: transporting and distribution

Requires imprisonment in the state prison for a violation of transporting or distributing controlled substances.
(Died in Assembly Public Safety Committee)

AB 2284 (Chesbro-D) Controlled substances: cultivating

Allows a peace officer to stop a person with irrigation supplies on a rock or unpaved road on specified public or forestry land, and creates civil penalties for cultivating a controlled substance on public lands.
Chapter 390, Statutes of 2012

AB 2312 (Ammiano-D) Controlled substances

Creates a nine-member Board of Medical Marijuana Enforcement to regulate the medical marijuana industry and to collect fees from medical marijuana businesses to be deposited into a new Medical Marijuana Fund. Authorizes local taxes on medical marijuana up to 5%.
(Died in Senate Business, Professions and Economic Development Committee)

AB 2420 (Hueso-D) Controlled substances

Prohibits the possession of specified synthetic cannabinoid or stimulant compounds.
(Failed passage in Assembly Public Safety Committee)

AB 2465 (Campos-D) Medical marijuana: identification cards

Makes medical cannabis patient and caregiver identification cards mandatory, and requires medical cannabis collectives to keep copies of members' identification cards.
(Died in Assembly Public Safety Committee)

AB 2600 (Norby-R) Driving privilege: minors

Prohibits the driver's license of a juvenile person, under the age of 21, from being suspended or revoked for a conviction of possession of not more than 28.5 grams or one ounce of marijuana, other than concentrated cannabis, when the juvenile person is convicted of an infraction for possession of the substance.
(Died in Assembly Transportation Committee)

ACR 166 (Beall-D) Substance use recovery

Recognizes September 2012 as Recovery Month in California, in order to raise awareness of the importance of substance use disorders treatment and to help people living with substance use disorders and their families to receive treatment.
Resolution Chapter 135, Statutes of 2012

HR 42 (Atkins-D) Red Ribbon Week

Proclaims 10/22/12 to 10/30/12 as Red Ribbon Week and encourages all Californians to help build drug-free communities and participate in drug prevention activities.
Adopted by the Assembly

Drunk Driving/Other Vehicle Code Offenses

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SB 50 (Correa-D) Drinking under the influence: controlled substances

States that it is unlawful to operate a motor vehicle with any amount of a controlled substance in the driver's blood system.
(Failed passage in Assembly Public Safety Committee)

SB 247 (Wyland-R) Vehicular crimes: juvenile justice

Enacts Pamela and Izaiah's Law to give prosecutors the discretion to prosecute otherwise eligible minors directly in adult criminal court instead of juvenile court for the crimes of vehicular manslaughter while intoxicated and causing great bodily injury while driving under the influence of alcohol or drugs, as specified. Makes minors alleged to have committed one of these offenses eligible for commitment to the Division of Juvenile Justice.
(Died in Senate Public Safety Committee)

SB 780 (Emmerson-R) Driving offenses: punishment

Eliminates the 10 year "wash-out" for driving-under-the-influence and provides for an enhancement of five years if a person flees an accident where a death occurred and that person is charged with murder.
(Died in Senate Public Safety Committee)

SB 1203 (Calderon-D) Drinking under the influences: reward for reporting

Establishes a $100 reward for a person who reports a driver convicted of driving under the influence.
(Died in Senate Appropriations Committee)

SB 1303 (Simitian-D) Automated traffic enforcement systems

Changes the laws governing automated traffic enforcement systems to ensure that red light camera programs maximize traffic safety and are implemented in a lawful and transparent manner. Prohibits a governmental agency that utilizes an automated traffic enforcement system and that had signs posted on or before 1/1/13, that met the requirements in effect on 1/1/12, from removing those signs until the governmental agency posts signs that meet the requirements imposed by this bill, and revises the Notice of Non-Liability and Courtesy Notice.
Chapter 735, Statutes of 2012

SB 1310 (Simitian-D) Driving while using a wireless communications device

Increases the penalties related to using a wireless communications device while operating a vehicle, and adds dangers of talking or texting while driving to the list of items that the Department of Motor Vehicles must include in an examination for a driver's license. Double-jointed with AB 2188 (Lowenthal-D), Chapter 670, Statutes of 2012, and AB 1536 (Miller-R), Chapter 92, Statutes of 2012.
Vetoed

SB 1317 (Kehoe-D) Traffic violator schools

Temporarily freezes or reduces fees for traffic violator school licensing, location and curricula approval, and examination administration.
(Died in Assembly Appropriations Committee)

SB 1388 (DeSaulnier-D) Inoperable parking meters and payment centers

Establishes a general rule that a vehicle owner may park without penalty in any parking space for up to the posted time limit if the parking meter or parking payment center is inoperable, but allows a city or county to adopt a different rule if it provides adequate notice of the rule at parking locations, parking meters, or parking payment centers.
Chapter 70, Statutes of 2012

SB 1464 (Lowenthal-D) Vehicle code: passing of bicycles

Sets requirements for the safe passing of bicyclists by motor vehicles and establishes fines and penalties for failure to abide by these requirements.
Vetoed

SB 1570 (Wyland-R) Automated parking enforcement

Expands the use of streetsweeper cameras by permitting the installation of an automated parking enforcement system on streetsweepers operated by a vendor pursuant to a contract with a local public agency.
(Died in Senate Judiciary Committee)

AB 190 (Wieckowski-D) Vehicle Code violation: spinal cord injury

Authorizes, pending an affirmative decision by the board of supervisors, each county to assess an additional penalty assessment of $3 on all Vehicle Code violations, other than parking fines, to provide additional support to the spinal cord injury research program at the University of California.
(Died in Assembly Appropriations Committee)

AB 452 (Ma-D) Driving under the influence: drug and alcohol programs

Prohibits any driving-under-the-influence (DUI) program activities from (1) being conducted through a program that is not so licensed and (2) being completed through an online, distant learning, or remote learning method. Prohibits any credit from being given for any DUI program activities completed through an unlicensed program or through an online, distant learning, or remote learning method.
(Died in Senate Public Safety Committee)

AB 476 (Bonnie Lowenthal-D) Tow trucks: illegal operation

Authorizes a law enforcement agency, an impounding agency, or the person in possession of the tow truck, or any person acting on behalf of that agency or person to release a tow-truck, before the expiration of that 30-day period to the registered or legal owner or his/her agent only if certain conditions are met, including, but not limited to, the requirement that the legal owner or the legal owner's agent pay all towing and storage fees related to the impoundment of the tow truck.
(Died in Assembly Transportation Committee)

AB 877 (Skinner-D) Vehicles: nonfelony offenses and infractions

Expands existing law that allows for the dismissal of nonfelony Vehicle Code violations pending at the time of a defendant's commitment to state prison, and that prohibits the suspension or revocation of a driver's license for a pending nonfelony offense or as a result of a notice received for failure to appear that occurred prior to incarceration in state prison, to also include an individual who has served 90 days or longer in a consecutive 12-month period in a county jail or other county correctional facility, court or county rehabilitation facility, or involuntary in home detention.
(Died in Senate Appropriations Committee)

AB 1008 (Cook-R) Automated traffic enforcement systems

Prohibits, starting 1/1/12, a local agency from installing an automated traffic enforcement system, and requires a traffic safety study for those local government agencies already operating an automated traffic enforcement system.
(Died in Assembly Local Government Committee)

AB 1104 (Pan-D) Driving under the influence

Requires, rather than allows, driver's license revocations for specified driving-under-the-influence violations to be delayed until offenders are released from prison or county jail. Requires the Department of Corrections and Rehabilitation to notify the Department of Motor Vehicles 30 days prior to the release of an inmate whose license has been suspended.
(Died in Assembly Appropriations Committee)

AB 1311 (Miller-R) Automated speed enforcement systems

Authorizes a local authority to participate in a local traffic safety program that studies the feasibility of using an automated speed enforcement system for speed enforcement only in areas designated as school zones.
(Died in Assembly Transportation Committee)

AB 1404 (Feuer-D) Vehicles: additional registration fees: vehicle-theft

Authorizes the Counties of Los Angeles, San Diego, and San Bernardino to increase the fee imposed upon registration of a vehicle to fund vehicle theft programs from $1 to $2. Upon approval of the increase that applies to all vehicles, the amount imposed upon commercial vehicles would increase from $2 to $4.
Chapter 775, Statutes of 2012

AB 1536 (Miller-R) Hands-free, voice-operated texting while driving

Allows drivers to dictate, send, or listen to text-based communications as long as they do so using technology specifically designed and configured to allow voice-operated and hands-free operation.
Chapter 92, Statutes of 2012

AB 1657 (Wieckowski-D) Traffic offenses: penalty for spinal cord injury research

Imposes a $1 assessment upon every conviction for a violation of any rule of the road and directs the funds, upon appropriation by the Legislature, to the University of California's spinal cord injury research programs.
Vetoed

AB 1888 (Gatto-D) Traffic violator schools: commercial drivers

Permits a commercial driver's license holder to attend a traffic violator school if the person commits a traffic offense while driving a non-commercial vehicle.
Chapter 302, Statutes of 2012

AB 1993 (Ma-D) Towing and impoundment: unlicensed drivers

Prohibits a peace officer from impounding a vehicle driven by a person who does not have a valid driver's license but whose license is not suspended or revoked.
(Died in Senate Transportation Committee)

AB 1996 (Huber-D) Driver violation: administrative hearing

Authorizes a person whose driving record has been assessed a point due to a traffic accident to request an administrative hearing with the Department of Motor Vehicles within one year of the assessment in order to contest the violation.
(Failed passage in Assembly Transportation Committee)

AB 2020 (Pan-D) Vehicles: driving under the influence: chemical tests

Removes the option of providing urine samples, and mandates blood tests, for determining the level of drug intoxication when a person is accused of driving under the influence of drugs.
Chapter 196, Statutes of 2012

AB 2104 (Gordon-D) Parking regulation enforcement

Authorizes public transportation agencies that impose conditions or regulations on the parking or standing of a vehicle upon its grounds to issue citations, to enforce those conditions or regulations through a civil process, and to impound vehicles under any of the circumstances enumerated in existing law.
Chapter 724, Statutes of 2012

AB 2128 (Cook-R) Automated traffic enforcement systems

Requires the Department of Transportation and local authorities to lengthen yellow light timing intervals, under certain circumstances, and clarifies that "rolling right turn" violations would be assessed at a $35 base fine.
(Died in Assembly Appropriations Committee)

AB 2147 (Cedillo-D) Automated rail enforcement systems

Requires that a person convicted of specified violations of railroad and fixed guideway crossings not be permitted to attend traffic violator school for more than one violation at a time, and requires the course curriculum to include specific training on the dangers of operating a vehicle near or through a railroad or fixed guideway crossing.
(Died in Assembly Transportation Committee)

AB 2192 (Miller-R) Vehicles: confidential home address

Requires individuals whose home addresses are afforded a higher degree of confidentiality by the Department of Motor Vehicles (DMV) to provide DMV with a current employment address for purposes of collecting traffic, parking, or toll evasion fines. Currently, DMV records only show the employer's name.
(Died in Assembly Appropriations Committee)

AB 2284 (Chesbro-D) Vehicle code: irrigation

Allows a peace officer to stop a person with irrigation supplies on a rock or unpaved road on specified public or forestry land, and creates civil penalties for cultivating a controlled substance on public lands.
Chapter 390, Statutes of 2012

AB 2468 (Knight-R) Vehicles: fleeing a peace officer

Increases penalties for various crimes involving evading peace officers.
(Failed passage in Assembly Public Safety Committee)

AB 2552 (Torres-D) Vehicles: driving under the influence

Revises and recasts provisions related to driving under the influence of alcohol or drugs, or the combination of drugs and alcohol by separating the provisions into three distinct sections and subsections: (1) driving under the influence of alcohol, (2) driving under the influence of drugs, and (3) driving under the influence of alcohol and drugs. Sunsets 1/1/14.
Chapter 753, Statutes of 2012

AB 2600 (Norby-R) Driver’s license: marijuana possession by minors

Prohibits the driver's license of a juvenile person, under the age of 21, from being suspended or revoked for a conviction of possession of not more than 28.5 grams or one ounce of marijuana, other than concentrated cannabis, when the juvenile person is convicted of an infraction for possession of the substance.
(Died in Assembly Transportation Committee)

Human Trafficking

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SB 1133 (Leno-D) Human trafficking of minors

Provides that where a person is convicted of human trafficking of a minor for sexual purposes, the instrumentalities used to commit the crime, as specified, and the profits of the crime shall be forfeited. Provides that 50% of the forfeiture proceeds shall be distributed to the Victim-Witness Assistance Fund for grants to community organizations serving human trafficking victims and 50% of the proceeds shall be distributed to the General Fund of the state or county, depending on whether the Attorney General or district attorney prosecuted the matter.
Chapter 514, Statutes of 2012

SB 1193 (Steinberg-D) Human trafficking: public posting requirements

Requires specified businesses most often connected with human trafficking to post informational signs, as specified, at the business entrance or in other areas visible to employees and the public. Provides that these signs, posted in English, Spanish, and any other language widely spoken in the county, will identify trafficking, state its illegality and that victims are protected under U.S. law. Provides that each sign will provide two toll-free, anonymous hotline numbers for victims or members of the public to call to seek help or report unlawful or suspicious activity.
Chapter 515, Statutes of 2012

AB 702 (Swanson-D) Human trafficking: prostitution

Provides that a person who was 18 years of age or older, or who was under 18 years of age but was tried as an adult, at the time of a commission of a violation of specified provisions prohibiting prostitution may petition a court to allow the petitioner to withdraw his/her plea of guilty or plea of nolo contendere and enter a plea of not guilty, or to have the court set aside the verdict. Requires the court to grant the petition if the petitioner has made a satisfactory showing that the violation was a result of the petitioner having been a victim of human trafficking. Provides that the relief provided by this bill does not apply to a person who paid money, or attempted to pay money, to any person for the purposes of prostitution.
(Died in Assembly Public Safety Committee)

AB 918 (Block-D) Human trafficking: felonies

Adds pimping, pandering, and human trafficking to the list of offenses used to establish a pattern of criminal activity for the purpose of enhancing the sentence of a person who commits a crime for the benefit of a criminal street gang.
(Died in Assembly Appropriations Committee)

AB 996 (Donnelly-R) Human trafficking: sex offenders

Makes specified changes to the law relating to persons required to register as sex offenders. Adds human trafficking committed with the purpose of sexual slavery to the list of offenses requiring registration as a sex offender.
(Died in Assembly Public Safety Committee)

AB 1306 (Donnelly-R) Human trafficking: health facilities

Requires any facility where an abortion is authorized to be performed and the emergency room of a general acute care hospital to post in common areas the telephone number of a nonprofit organization that provides services in support of the elimination of human trafficking.
(Failed passage in Assembly Health Committee)

AB 1571 (Donnelly-R) Human trafficking: penalties: crimes

Increases the penalties for human trafficking involving a commercial sex act and creates a new offense of human smuggling.
(Failed passage in Assembly Public Safety Committee)

AB 1940 (Hill-D) Human trafficking: sealing of arrest records

Authorizes a court to seal a record of conviction for prostitution based on a finding that the petitioner is a victim of human trafficking, that the offense is the result of the petitioner's status as a victim of that crime, and that the petitioner is therefore factually innocent.
(Died in Assembly Appropriations Committee)

AB 2040 (Swanson-D) Juvenile prostitution offenses: sealing of records

Provides that an adult who was previously adjudicated to be a ward of the juvenile court because he/she committed a prostitution offense may petition the court to seal the records of the offense, regardless of the person's criminal record or proof of rehabilitation. Provides that this relief shall not be available if the person exchanged, or offered to exchange, anything of value in the prostitution offense.
Chapter 197, Statutes of 2012

AB 2212 (Block-D) Human trafficking: nuisance abatement

Provides that every building or place used for the purpose of human trafficking, or upon which acts of human trafficking are held or occur, is declared a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. Provides that in any case in which a government agency seeks to enjoin the use of a building for purposes of human trafficking, the court may award costs to the prevailing party. Provides that, in nuisance abatement cases involving human trafficking, one-half of the civil penalties collected, as specified, shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation by the Legislature to the California Emergency Management Agency to fund grants for human trafficking victim services and prevention programs, as specified, and that the other one-half of the civil penalties shall be paid to the city in which judgment was entered, if the action was brought by a city attorney or city prosecutor or, if the action was brought by a district attorney, the one-half of the civil penalty shall, instead, be paid to the treasurer of the county in which judgment was entered.
Chapter 254, Statutes of 2012

AB 2466 (Blumenfield-D) Human trafficking: seizing and preserving assets

Provides that a prosecutor may obtain an injunction and a restraining order to prevent a human trafficking defendant from transferring, hiding or dissipating assets, thus preserving those assets for payment of fines and restitution. Specifies a comprehensive process for preserving the assets and levying upon the assets if the defendant is convicted of the underlying crime.
Chapter 512, Statutes of 2012

ACR 92 (Donnelly-R) Human trafficking

Recognizes January 2012, and each following January, as the National Slavery and Human Trafficking Prevention Month; recognizes 2/1/12, and each following February 1, as California's Free From Slavery Day; and calls upon all Californians to follow President Obama's charge to "educate themselves about all forms of modern slavery and the signs and consequences of human trafficking."
(Died in Senate Rules Committee)

Other Crimes and Sentencing

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SB 9 (Yee-D) Sentencing and conviction

Authorizes a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without the possibility of parole to submit a petition for recall and re-sentencing to the sentencing court, as specified. Prohibits a prisoner who tortured a victim or whose victim was a public official from filing a petition for recall of sentencing. Provides that a prisoner must have served at least 15 years of sentence before eligibility to file for recall of sentence.
Chapter 828, Statutes of 2012

SB 308 (Cannella-R) Crime

Provides that prosecution of an accessory to murder may be commenced within 10 years after commission of the offense.
(Died in Senate Public Safety Committee)

SB 387 (La Malfa-R) Felony hit and run: statute of limitations

Enacts the Joshua Lacy Law. Extends the statute of limitations for fleeing an accident where a death or injury occurred from three to six years.
(Failed passage in Senate Public Safety Committee)

SB 443 (Emmerson-R) Sentencing: felonies

Requires a non-serious, non-violent, non-sex offender convicted of one or more felonies while released on mandatory supervision to be sentenced to the state prison consecutive to any remaining time on mandatory supervision.
(Died in Assembly Public Safety Committee)

SB 561 (Corbett-D) Internet crimes

Requires, until 1/1/15, the Alameda County District Attorney's Office and the Los Angeles County Sheriff's Department to collect statistical data on arrests or prosecutions involving private information, as defined, gathered from the Internet that was used in furtherance of a crime within each participating entity's jurisdiction. Makes legislative findings and declarations as to the necessity of a special statute for the Alameda County District Attorney and the Los Angeles County Sheriff's Department.
Chapter 308, Statutes of 2012

SB 661 (Lieu-D) Crime: picketing: funerals

Makes it a misdemeanor for a person to engage in picketing targeted at a funeral during the time period beginning one hour prior to the funeral and ending one hour after the conclusion of the funeral.
Chapter 354, Statutes of 2012

SB 717 (Walters-R) Elder or dependent abuse

Provides that specified crimes against the elderly or dependent individuals shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both fine and imprisonment, or by imprisonment in the state prison for two, three, or four years, without regard to whether or not the violation occurred under circumstances likely to produce great bodily harm or death.
(Died in Senate Public Safety Committee)

SB 794 (Blakeslee-R) Battery: "gassing": state hospitals

Provides that a person confined in a state hospital who commits battery by "gassing" upon a peace officer or hospital employee is guilty of an alternate felony-misdemeanor, punishable by a jail term of up to six months or a prison term of two, three, or four years. Defines gassing as intentionally throwing or placing human excrement, bodily fluids or bodily substances on another person so as to contact the person's skin or membranes. Requires a Department of Mental Health (DMH) hospital director to immediately investigate any reported gassing, and refer documented cases to the district attorney. Authorizes the director to order testing the perpetrator for hepatitis and tuberculosis. Requires DMH to report to the Legislature by 1/1/16, on DMH gassing incidents.
(Died in Senate Public Safety Committee)

SB 853 (Runner-R) Penalty enhancements: alcohol and drugs

Requires that any person convicted of any serious felony, as specified, receive a one-year sentence enhancement if at the time of the offense that person was under the influence of alcohol or a controlled substance, as specified. Requires that the enhancement imposed be served consecutive to the punishment imposed for the underlying felony.
(Died in Senate Public Safety Committee)

SB 894 (Runner-R) Crimes: firearms

Provides that carrying a loaded firearm is punishable by three years imprisonment in the state prison, if the offender was previously convicted of a felony.
(Died in Senate Public Safety Committee)

SB 989 (Vargas-D) Bail: extradition

Provides that in specified cases, if the bail agent and the prosecuting attorney agree that additional time is needed to return the defendant to the jurisdiction of the court, the court may, on the basis of the agreement, toll the 180-day period within which to vacate bail forfeiture for the length of time agreed upon by the parties.
Chapter 129, Statutes of 2012

SB 1023 (Senate Budget And Fiscal Review Committee) Sentencing: Budget Trailer Bill

Enacts statutory changes to the 2012-13 budget relating to public safety which, among other provisions, makes sentencing changes. Consistent with 2011 Public Safety Realignment, revises statute to specify that the following felony crimes are punishable by imprisonment in state prison: (1) sale of a controlled substance to a minor in a park; (2) harmful matter, seduction of a minor, as specified; (3) repeat violation of various sex offenses with children under 16 or 14 years of age; (4) breaking and entering to molest or annoy a child under 18 years of age; (5) solicitation to commit by force or violence rape, sodomy, oral copulation, or other similar offenses, as specified; (6) escape from custody causing serious bodily injury to a peace officer; (7) escape from a mental hospital; (8) evasion of police by driving the wrong way on the highway; and (9) purchase, possession or ownership of body armor, as specified. Consistent with 2011 Public Safety Realignment, revises statute to make the following crimes punishable by imprisonment in county jail, as specified: (1) possession of an explosive substance or any dirk or dagger; (2) manufacturing, importing, selling, providing, or possessing any of the following: a military practice or replica hand-grenade, any air gauge knife, any belt buckle knife, any cane sword, any lipstick case knife, any shobi-zue, any writing pen knife, any ballistic knife, any metal knuckles, any nunchaku, any leaded cane, any shuriken, any camouflaging firearm container, any cane gun, any firearm not immediately recognizable as a firearm, any wallet gun, any ammunition that contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any unconventional pistol, any large capacity magazine, any multi-burst trigger activator, any short-barreled rifle or shotgun, or any zip gun; and (3) check fraud. Clarifies that when a court imposes a concurrent term of imprisonment for multiple crimes and any of the crimes are punishable by a state prison term, the entire term shall be served in state prison. Clarifies that when a person is convicted of a primary offense that is punishable by state prison, any secondary felony convictions shall also be served in state prison consecutively.
Chapter 43, Statutes of 2012

SB 1045 (Emmerson-R) Metal theft: damages

Provides that any junk dealer or recycler who possesses a fire hydrant, a fire department connection, as specified, or a backflow device or connection to that device or part of that device without a prescribed written certification, from the agency or utility owning or previously owning the material is liable to the agency or utility for the wrongful possession of that material.
Chapter 393, Statutes of 2012

SB 1051* (Liu-D) Reporting of abuse

Requires the Department of State Hospitals and developmental centers within the Department of Developmental Services to report suspected abuse to the designated protection and advocacy agency.
Chapter 660, Statutes of 2012

SB 1144 (Strickland-R) Crimes: public safety omnibus bill

Makes technical and corrective changes to various code sections relating generally to criminal justice laws.
Chapter 867, Statutes of 2012

SB 1145 (Emmerson-R) Crimes: animal fighting

Increases the fines for various misdemeanors relating to animal fighting.
Chapter 133, Statutes of 2012

SB 1302 (Cannella-R) Aggravated arson: livestock operations

Defines an arson in which the defendant intentionally targeted and disrupted the commercial operations of an animal feeding operation, feedlot or livestock salesyard and caused at least $100,000 in damages or losses as aggravated arson, with a prison term of 10-years-to-life.
(Failed passage in Senate Public Safety Committee)

SB 1387 (Emmerson-R) Metal theft

Prohibits junk dealers and recyclers from possessing fire hydrants, manhole covers or backflow devices without proper certification, as specified; and provides that possession of stolen fire hydrants, manhole covers or backflow devices by persons engaged in the salvage, recycling, purchase or sale of scrap metal, shall be punishable by an additional fine up to $3000.
Chapter 656, Statutes of 2012

SB 1435 (Runner-R) Felony sentences

Revises the criminal justice realignment of 2011 by requiring that defendants who are convicted of a felony and have three or more prior felony convictions serve that executed sentence in prison.
(Failed passage in Senate Public Safety Committee)

SB 1500 (Lieu-D) Seized and abandoned animals: full costs: forfeiture

Makes a number of clarifying changes to provisions dealing with the seizure of animals.
Chapter 598, Statutes of 2012

SJR 20 (Evans-D) Violence Against Women Act

Calls on the United States Congress to pass the Violence Against Women Reauthorization Act of 2011, Senate Bill No. 1925, authored by Senators Leahy and Crapo, and ensures the sustainability of vital programs designed to keep women and families safe from violence and abuse.
Resolution Chapter 58, Statutes of 2012

AB 40 (Yamada-D) Elder and dependent adult abuse: reporting

Requires mandated reporters of elder or dependent adult abuse to report suspected crimes of physical abuse which are believed to have occurred in a long-term care facility to local law enforcement within two hours, with follow up written reports to both the law enforcement entity and the Long Term Care Ombudsman, as well as to the appropriate licensing agency.
Chapter 659, Statutes of 2012

AB 60 (Jeffries-R) Sentencing

Makes felony battery against a peace officer, or felony battery with injury against a firefighter, custodial officer, emergency medical technician, lifeguard, process server, or animal control officer engaged in the performance of his/her duties, as specified, a "strike" for the purpose of enhancing a defendant's sentence under the "Three Strikes Law" for as much as 25-years-to-life in the state prison.
(Died in Assembly Public Safety Committee)
Similar bills are SB 390 (La Malfa-R), Chapter 249, Statutes of 2011, and SB 406 (Liu-D), Chapter 250, Statutes of 2011. (Refer to 2011 Digest of Legislation for summary of these bills.)

AB 161 (Eng-D) Trespass: private property

Subjects a juvenile who has a sustained petition in a juvenile adjudication to specified prohibitions from entering, or refusing to leave, property where an underlying prior offense occurred when the owner notifies the juvenile through law enforcement.
(Died in Assembly Public Safety Committee)

AB 179 (Gorell-R) Contempt: criminal street gangs

Specifies the penalties for the disobedience of an injunction that restrains the activities of a street gang includes imprisonment in a county jail for not more than six months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. Provides, for a second violation occurring within seven years of the first violation, for imprisonment in a county jail for not more than nine months, or by a fine not exceeding $2,500, or by both the fine and imprisonment. For a third and subsequent violation occurring within seven years of a prior violation, provides for imprisonment in a county jail for not more than one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment.
(Died in Assembly Public Safety Committee)

AB 326 (Cedillo-D) Counterfeit marks

Provides immunity for any person, including, but not limited to, law enforcement, from liability to any person for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of donating counterfeit marked goods pursuant to this provision. Provides that no person who is granted immunity by this provision shall be criminally prosecuted or be subjected to any criminal penalty for or because of any action taken or omitted in good faith in the course of donating goods pursuant to this provision.
(Died in Assembly Public Safety Committee)

AB 327 (Davis-D) Sentencing: Three Strikes

Amends the "Three Strikes" Law, subject to voter approval to provide that a defendant who has two or more prior violent or serious felony convictions shall receive the enhanced indeterminate life sentence only if the defendant's current conviction is for a serious or violent felony, as defined.
(Died in Assembly Public Safety Committee)

AB 379 (Hagman-R) Bail Fugitive Recovery Persons Act

Provides for the regulation of bail fugitive recovery persons, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Requires that bail fugitive recovery persons be at least 18 years of age and complete one power of arrest course.
(Died in Assembly Public Safety Committee)

AB 492 (Galgiani-D) Public transportation agencies: administrative penalties

Allows all public transportation agencies to establish an alternative civil infraction process for specified transit violations committed by an adult. Double-jointed with AB 2247 (B. Lowenthal-D), Chapter 750, Statutes of 2012.
Chapter 366, Statutes of 2012

AB 498 (Alejo-D) Graffiti offenses

Removes the hardship exemption to the requirement that an individual convicted of specified vandalism offenses have his/her driver's license suspended.
(Died in Assembly Public Safety Committee)

AB 518 (Wagner-R) Elder abuse: mandated reporters

Deletes the 1/1/13 repeal date of the Financial Elder Abuse Reporting Act of 2005, which extends mandated reporting requirements to officers and employees of financial institutions. Makes other technical and conforming changes.
(Died in Senate Banking and Financial Institutions Committee)

AB 891 (Garrick-R) Theft: motor vehicle

Applies existing penalties for automobile theft to a person who has previously been convicted of one or more misdemeanor violations. Prohibits a person subject to punishment for previously having been convicted of two or more specified offenses from being granted probation, except in unusual cases in which the court finds that the interests of justice would best be served by probation.
(Died in Assembly Public Safety Committee)

AB 918 (Block-D) Crimes: felonies

Adds pimping, pandering, and human trafficking to the list of offenses used to establish a pattern of criminal activity for the purpose of enhancing the sentence of a person who commits a crime for the benefit of a criminal street gang.
(Died in Assembly Appropriations Committee)

AB 1060 (Roger Hernández-D) Crimes at sea

Requires the owner or operator of a ship to preserve a crime scene and all physical evidence whenever a violent crime is reported to the owner or operator of the ship at any time when the ship is within the jurisdiction of the state. Makes the owner or operator liable for a civil fine not to exceed $50,000 in an action brought by the district attorney for a failure to satisfy the requirements of these provisions.
(Died in Senate Public Safety Committee)

AB 1068 (Ma-D) Graffiti abatement: City and County of San Francisco

Authorizes the City and County of San Francisco to conduct the graffiti abatement pilot project until 1/1/16.
(Died in Assembly Transportation Committee)

AB 1264 (Hagman-R) Statewide Bail Commission

Repeals the uniform countywide schedule of bail and instead establishes the Statewide Bail Commission. Requires the Commission to prepare, adopt, and annually revise a statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions.
(Died in Assembly Public Safety Committee)

AB 1432 (Mitchell-D) Crimes

Makes it a misdemeanor for a parent or guardian to fail to report the death or disappearance of a child under the age of 14 under specified circumstances.
Chapter 805, Statutes of 2012

AB 1462 (Mendoza-D) Vehicular manslaughter

Reduces worktime credits and imposes minimum mandatory fines for those convicted of specified vehicular manslaughter offenses.
(Died in Assembly Public Safety Committee)

AB 1525 (Allen-D) Elder or dependent adult financial abuse

Requires specified money transmission licensees to provide, on or before 4/1/13, and annually thereafter, each of their agents with training materials on recognizing elder or dependent adult financial abuse, and on the appropriate response to suspected elder or dependent adult financial abuse in a transaction.
Chapter 632, Statutes of 2012

AB 1528 (Donnelly-R) Disorderly conduct: invasion of privacy

Makes the crime of invasion of privacy with the naked eye or with the use of an instrumentality, otherwise known as "peeping," a felony punishable in the state prison.
(Failed passage in Assembly Public Safety Committee)

AB 1604 (Campos-D) Computer crimes: invasion of privacy

Authorizes the interception of an electronic transmission of a computer trespasser transmitted to, through or from a computer system if authorized by the owner of the computer system for the sole purpose of recovering the computer system.
(Died in Assembly Public Safety Committee)

AB 1796 (Galgiani-D) Criminal profiteering: secondhand goods

Makes it a misdemeanor to engage in the business as a secondhand dealer, as defined, without being licensed.
(Failed passage in Assembly Public Safety Committee)

AB 1824 (Hagman-R) Bail

Provides that where a bail fugitive has been taken into custody in the county of prosecution within the 180-day period during which bail forfeiture is stayed, but he/she has not appeared court until that period has run, the bail agent may move for relief from forfeiture, as specified. Grants a bail agent 20 days after notice of summary judgment is mailed to file a motion for relief from forfeiture in a cases where the defendant was arrested within the 180-day period outside the county of prosecution. Requires specified notice be given to the prosecutor of a motion for relief from forfeiture brought under this bill.
Chapter 812, Statutes of 2012

AB 1950 (Davis-D) Prohibited business practices: enforcement

Deletes the sunset date on two provisions of a 2009 bill that prohibited collecting up-front fees in connection with offers to help borrowers obtain mortgage loan modifications or other forms of mortgage loan forbearance; extends the statute of limitations from one year to three years on specified real estate-related misdemeanors; and makes a technical and clarifying change to the Real Estate Law.
Chapter 569, Statutes of 2012

AB 1971 (Buchanan-D) Theft: junk, metals, and secondhand materials

Increases the maximum fine for junk and second-hand dealers who knowingly purchase metals used in transportation or public utility services without due diligence from $250 to $1,000. Clarifies that, for purposes of the vandalism statute, "damages" includes damage caused to public transit properties and facilities, public park properties and facilities, and public utilities and water properties and facilities.
Chapter 82, Statutes of 2012

AB 1995 (Huber-D) Sentencing: methamphetamine

Requires that a person convicted of selling methamphetamine who is granted probation be confined in a county jail for at least 180 days as a condition of probation, except as provided.
(Died in Assembly Public Safety Committee)

AB 2029 (Ammiano-D) Bail Fugitive Recovery Persons Act

Reenacts the Bail Fugitive Recovery Persons Act (Act) which regulates persons who arrest and return fugitive defendants to court. Requires that bail fugitive recovery persons and bail agents who arrest fugitives complete a course on arrest and 20 hours of training on the duties of bail agents. Provides that only bail agents, bail fugitive recovery persons and private investigators, as specified, may arrest bail fugitives. Requires a person authorized by law to arrest a bail fugitive to obtain written authorization to arrest a bail fugitive and keep the authorization and applicable certificates of training when performing his/her duties. Requires a person authorized by law to arrest a bail fugitive to inform local law enforcement when making an arrest, as specified, except under exigent circumstances. Prohibits a person authorized by law to arrest a bail fugitive from representing themselves to be law enforcement officers, as specified. Provides that violation of the Act is a misdemeanor.
Chapter 747, Statutes of 2012

AB 2033 (Achadjian-R) Arson

Requires the Department of Justice to make all registered convicted arsonists statements, photographs, and fingerprints available to all chief fire officials of legally organized fire departments or fire protection districts in the state.
(Died in Assembly Public Safety Committee)

AB 2040 (Swanson-D) Human trafficking: juvenile prostitution offenses

Provides that an adult who was previously adjudicated to be a ward of the juvenile court because he/she committed a prostitution offense may petition the court to seal the records of the offense, regardless of the person's criminal record or proof of rehabilitation. Provides that this relief shall not be available if the person exchanged, or offered to exchange, anything of value in the prostitution offense.
Chapter 197, Statutes of 2012

AB 2138 (Blumenfield-D) Health insurance fraud: annual fee

Grants the Insurance Commissioner the authority to raise the special purpose assessment that funds investigations and prosecution of fraudulent disability insurance claims up to 20 cents annually per insured.
Chapter 444, Statutes of 2012

AB 2177 (Valadao-R) Arson

Adds an agricultural facility, in which the primary purpose is the caring of livestock, to the list of places that that make it a felony, punishable by three, five, or seven years in state prison, to ignite a destructive device or commit arson for the purpose of terrorizing.
(Died in Assembly Appropriations Committee)

AB 2247 (Bonnie Lowenthal-D) Public transportation: offenses

Makes it a criminal infraction for a person to sell any goods, merchandise, property, or services in a public transportation system without the express written consent of the system operator and adds this violation to the list of violations which specified transit districts may enforce through an alternative civil infraction process. Double-jointed with AB 492 (Galgiani-D), Chapter 366, Statutes of 2012.
Chapter 750, Statutes of 2012

AB 2410 (Fuentes-D) Felony conviction: elective office

Prohibits a person from running for elected office if that person has been convicted of a felony involving certain factors in the last 20 years, as specified.
Chapter 160, Statutes of 2012

AB 2444 (Portantino-D) Grand theft

Provides that grand theft occurs where money, labor, or real or personal property in an aggregate amount of $950 is taken as a result of an agreement or prior arrangement to take and the taking is made in concert with one or more other individuals.
(Died in Assembly Public Safety Committee)

AB 2484 (Davis-D) Vehicular manslaughter: statute of limitations

Specifies that a criminal complaint for vehicular manslaughter, as specified, may be filed within one year after the person initially identified by law enforcement as a suspect in that offense, or within the existing statute of limitations, whichever is later.
(Died in Senate Public Safety Committee)

AB 2486 (Feuer-D) Felonies committed while imprisoned

Requires any new felony offense committed while serving a felony sentence in county jail to be served as a consecutive term to commence at the time the defendant would have otherwise been released from jail for the original offense.
(Failed passage in Assembly Public Safety Committee)

AB 2626 (Furutani-D) Violent crimes against women

Requires the county task force on violent crimes against women, if one is established, to evaluate and make recommendations on specified law enforcement issues and include the need for services and access to information provided in languages other than English for women who are victims of violent crime.
(Died in Assembly Public Safety Committee)

ACR 86 (Hueso-D) No Place for Hate Month

Designates February 2012 as No Place for Hate Month; urges that the issue of hate crimes, and methods of preventing them, be discussed with appropriate activities in schools during this month; and, encourages Californians to adopt a culture of tolerance, to accept diversity, and to embrace each other as individuals every day.
Resolution Chapter 24, Statutes of 2012

Procedural (Criminal only)

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SB 210 (Hancock-D) Criminal procedure: release on own recognizance

Specifies that a court shall determine at the time of arraignment, with public safety as the primary consideration, whether a defendant charged with a jail felony who is still in custody is eligible for release on his/her own recognizance.
(Died on Assembly Third Reading File)

SB 558 (Simitian-D) Evidentiary standard of proof: abuse

Changes the evidentiary standard of proof for elder and dependent abuse or neglect cases from clear and convincing to preponderance of the evidence.
(Died in Assembly Appropriations Committee)
A similar bill was AB 1062 (Dickinson-D) which failed passage on the Senate Floor.

SB 795 (Blakeslee-R) Use of antipsychotic medication on defendants

Provides that if informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication, or that the defendant is a danger to others, as specified, then the treating psychiatrist shall file a petition with the committing court for issuance of an emergency order within 24 hours after determining that antipsychotic medication has become medically necessary and appropriate.
(Died in Senate Public Safety Committee)

SB 1091 (Pavley-D) Witness testimony: support persons

Adds a number of prostitution, human trafficking and pornography offenses to the section which allows a victim witness to have a support person present while testifying.
Chapter 148, Statutes of 2012

SB 1180 (Hancock-D) Criminal procedures: pre-trial release

Defines a program of evaluation and supervision for pretrial own recognizance (OR) release. Implements these programs at the discretion of each county. Provides that the court, probation, sheriff or other designated government entity may employ staff to evaluate defendants for release, prepare and submit reports to the court and supervise released defendants. Requires that pretrial release reports include evidence-based risk evaluations. Presumes that a defendant charged with a misdemeanor is eligible for OR release. Provides a court shall determine, with public safety as the primary consideration, if a defendant charged with a jail felony is eligible for OR release. Provides that where an OR release would not ensure public safety or the return of the defendant to court, the court shall set bail as necessary for these purposes. Provides that a person who is on probation or parole, or who has prior failures to appear, as specified, and who is charged with a felony or other specified crime shall only be granted OR release after a hearing. Provides that in granting OR release or setting bail, the court shall impose reasonable conditions to ensure public safety and the defendant's return to court. Provides that pretrial release staff shall do the following: notify defendants of court appearances and obligations, require a defendant to report to staff periodically, monitor compliance with release conditions, report violations of release conditions and assist law enforcement in detaining a defendant for whom a warrant has been issued. Sets out legislative findings on the needs for, and benefits of, pretrial release evaluation and supervision programs.
(Died on Senate Inactive File)

SB 1281 (Blakeslee-R) Not guilty by reason of insanity

Requires that where a psychiatrist or psychologist evaluates a defendant for purposes of a plea of not guilty by reason of insanity, the evaluation report shall include the following: a defendant's substance abuse history, his/her substance use history on the day of the commission of the offense, a review of the police report of the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense.
Chapter 150, Statutes of 2012

AB 281 (Gorell-R) Gang injunctions

Increases misdemeanor penalties for contempt of court violations related to civil gang injunctions. Increases the related fines.
(Failed passage in Assembly Public Safety Committee)

AB 1062 (Dickinson-D) Evidentiary standard of proof: abuse cases

Changes the evidentiary standard of proof for elder and dependent abuse or neglect cases from clear and convincing to preponderance of the evidence.
(Failed passage on the Senate Floor)
A similar bill was SB 558 (Simitian-D) which died in Assembly Appropriations Committee.

AB 2015 (Mitchell-D) Criminal procedure: telephone calls: custodial parents

Requires an arresting or booking officer to inquire if an arrested person is a custodial parent with responsibility for a minor child, and requires that a sign be posted, in English and non-English, in a conspicuous place informing an arrested custodial parent of his/her right to two additional phone calls for the purpose of arranging for the care of the child or children in the parent's absence.
Chapter 816, Statutes of 2012

AB 2156 (Wagner-R) Hearsay rule

Provides that evidence of a record, which complies with Evidence Code Section 1560, received by an investigating officer through a search warrant or a subpoena is not made inadmissible by the hearsay rule at a preliminary hearing in a criminal action.
(Died in Assembly Public Safety Committee)

AB 2371 (Butler-D) Criminal defendants: veterans: mental health issues

Provides restorative relief to a veteran defendant who acquires a criminal record due to a mental disorder stemming from military service.
Chapter 403, Statutes of 2012

Juries

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SB 1357 (Cannella-R) Grand jury accusation: removal from office

Provides that the existing statute authorizing a "grand jury" to present accusations against a local public officer for willful or corrupt misconduct includes a criminal grand jury, as defined.
Chapter 134, Statutes of 2012

SB 1474 (Hancock-D) Grand jury proceedings: Attorney General

Allows the Attorney General to convene a statewide grand jury in cases of theft or fraud where the same actor or actors committed the offenses in multiple counties.
Chapter 568, Statutes of 2012

AB 1709 (Mitchell-D) Grand jury accusation: juveniles

Entitles any minor, 16 years of age or older at the time of the commission of an offense that could be used as a future felony conviction under the three strikes law, to a jury trial.
(Died in Assembly Appropriations Committee)

Juvenile Justice

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SB 123 (Liu-D) California Runaway, Homeless, and Exploited Youth Act

Requires the California Emergency Management Agency, subject to the availability of adequate resources, to develop a statewide plan for runaway, homeless, and exploited youth in collaboration with the Senate Office of Research and various stakeholders.
(Died in Senate Appropriations Committee)

SB 240 (Rubio-D) Truancy: collective action

Provides that a pupil's absence due to a collective action, as defined and specified, is an excused absence. Prohibits any absence due to a collective action from being counted in determining whether a pupil is a truant.
(Died in Senate Appropriations Committee)

SB 247 (Wyland-R) Minors: fitness hearing

Gives prosecutors the discretion to prosecute otherwise eligible minors directly in adult criminal court instead of juvenile court for the crimes of vehicular manslaughter while intoxicated and causing great bodily injury while driving under the influence of alcohol or drugs, as specified. Makes minors alleged to have committed one of these offenses eligible for commitment to the Division of Juvenile Justice.
(Died in Senate Public Safety Committee)

SB 927 (Runner-R) Juvenile case files

Authorizes an attorney for a sibling of the minor in a juvenile dependency proceeding in which the sibling is the subject to inspect the minor's dependency case file under certain circumstances. Excludes mental health records, counseling reports, and mental health evaluations from being accessed under these provisions.
(Died in Senate Judiciary Committee)

SB 988 (Liu-D) Juveniles: attorney qualifications

Requires the Judicial Council, on or before 1/1/14, to adopt rules of court regarding the qualifications of appointed counsel in juvenile delinquency proceedings, as specified. Includes codified legislative findings and declarations.
(Died in Senate Appropriations Committee)

SB 1020 (Senate Budget And Fiscal Review Committee) Public Safety Realignment: Budget Trailer Bill

Enacts the Public Safety Realignment Budget Trailer Bill which provides an overall financing structure for the 2011 Public Safety Realignment. Provides that the funding structure includes the creation of accounts and rules that govern the flexibility of counties to transfer monies between accounts. Directs the allocation of funding among accounts, including the allocation of growth funding for juvenile justice.
Chapter 40, Statutes of 2012

SB 1021 (Senate Budget And Fiscal Review Committee) Juvenile justice: Budget Trailer Bill

Enacts the statutory changes to the 2012-13 Budget Act relating to public safety which, among other provisions, (1) reduces the maximum age of jurisdiction for youths committed to the division of Juvenile Justice from 25 to 23; (2) sunsets the Division of Juvenile Justice Parole on 1/1/13, instead of 1/1/14; and (3) declares as surplus, and authorizes the sale of, the Southern Youth Correctional Reception Center and Clinic.
Chapter 41, Statutes of 2012

SB 1048 (Liu-D) Juvenile court: delinquency and dependency

Authorizes a joinder in dependency and delinquency cases of specified agencies which have failed to provide legally obligated services to children upon the filing of a petition instead of adjudication, and to make additional, largely technical revisions to these joinder provisions, as specified.
Chapter 130, Statutes of 2012

SB 1363 (Yee-D) Juvenile justice: solitary confinement

Establishes standards and protocols for the use of solitary confinement in state and local juvenile facilities for the confinement of delinquent wards, as specified. Makes guideline and responsibility changes to the composition and duties of local juvenile justice commissions, as specified.
(Failed passage in Senate Public Safety Committee)

SB 1425* (Negrete McLeod-D) Child abuse cases: order modification

Prohibits a court from modifying a denial of reunification services, or changing a custody or visitation order, for parents whose children were placed in foster care as the result of extreme physical abuse, sexual abuse, or because the parent caused the death of another child, as specified, unless the court finds, by clear and convincing evidence, that the proposed change is in the best interest of the child.
Chapter 179, Statutes of 2012

SB 1482 (Fuller-R) Juveniles: dependent children

Authorizes a court, as an alternative to long-term foster care, to appoint a nonrelative or relative with whom the child is not currently residing as legal guardian for the child and to order that letters of guardianship be issued.
(Died in Senate Judiciary Committee)

AB 73 (Feuer-D) Dependency proceedings: public access

Creates a four-year pilot in three counties, to test whether California should consider moving from presumptively closed juvenile dependency hearings to presumptively open juvenile dependency hearings.
(Died in Assembly Human Services Committee)

AB 161 (Eng-D) Juveniles: trespass: private property

Subjects a juvenile who has a sustained petition in a juvenile adjudication to specified prohibitions from entering, or refusing to leave, property where an underlying prior offense occurred when the owner notifies the juvenile through law enforcement.
(Died in Assembly Public Safety Committee)

AB 321 (Roger Hernández-D) Juvenile offenders: obscene material

Requires community service and counseling, and authorizes new educational efforts for minors adjudicated for "sexting."
(Died in Assembly Appropriations Committee)

AB 324* (Buchanan-D) Juvenile offenders

Addresses the recent California Supreme Court decision in In re C.H., (2011) 53 Cal.4th 94, by (1) expressly authorizing the commitment to the Division of Juvenile Facilities (DJF) of juvenile offenders who have been adjudicated to be wards of the juvenile court for a registerable sex offense, as specified, and (2) authorizing DJF to enter into contracts with counties to furnish housing to certain juvenile sex offenders committed to DJF, as specified.
Chapter 7, Statutes of 2012

AB 526 (Dickinson-D) Delinquency: gang intervention

Adds the following duties for the Board of State and Community Corrections (BSCC) which, as of 7/1/13, will succeed the Corrections Standards Authority: (1) identify common purpose delinquency and gang intervention and prevention grants for the purpose of consolidation, as specified; (2) develop incentives for local government to develop comprehensive regional partnerships, as specified; and (3) develop, by 1/1/14, funding allocation policies to ensure that within three years no less than 70% of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices.
Chapter 850, Statutes of 2012

AB 694 (Gorell-R) Juvenile offenders

Expands the class of juvenile offenders who may be committed to the Division of Juvenile Facilities to include those who previously suffered a sustained petition for a specified serious or violent offense as listed in the Welfare and Institutions Code, effective 1/1/12.
(Died in Assembly Public Safety Committee)

AB 1043 (Torres-D) Juveniles: sexting

Extends the juvenile court's jurisdiction to include minors who engaged in sexting, as defined, images of themselves or other minors. Requires a court to order a minor who engaged in sexting to perform 24 or 40 hours of community service, as provided.
(Died in Assembly Public Safety Committee)

AB 1110 (Lara-D) Juveniles: dependent children

Requires additional reporting and court oversight concerning the receipt of Supplemental Security Income for foster youth.
(Died in Assembly Appropriations Committee)

AB 1294 (Furutani-D) Juvenile reentry programs

Requires county juvenile probation departments, subject to an appropriation for this purpose, to identify community reentry programs and eligible youthful offenders, and coordinate enrollment.
(Died in Assembly Appropriations Committee)

AB 1481 (Assembly Budget Committee) Juvenile justices: Budget Trailer Bill

Makes, among other provisions, clarifying technical change to exclude the Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ) wards committed pursuant to In re C.H. due to SB 1021 (Leno-D) that changed the maximum age of jurisdiction for DJJ wards from 25 to 23. DJJ wards committed pursuant to C.H. have a maximum age of jurisdiction of 21 and should not have been subject to the jurisdictional change made in SB 1021; and clarifies the operative date for the recently enacted prohibition on the use of time-adds as a DJJ disciplinary tool and removes the requirement that the DJJ promulgate regulations relating to ward discharge consideration date extensions.
Chapter 342, Statutes of 2012

AB 1496 (Assembly Budget Committee) Juvenile justice: Budget Trailer Bill

Makes, among other provisions, corrective technical amendments specifying that 94.481% of funds allocated to the Juvenile Justice Subaccount be allocated, by the State Controller, to the Youthful Offender Block Grant Special Account and that 5.519% be allocated to the Juvenile Reentry Grant Special Account. These allocations are consistent with projected base funding for each program ($93.3 million for the Youthful Offender Block Grant Special Account and $5.4 million for the Juvenile Reentry Grant Special Account).
Chapter 717, Statutes of 2012

AB 1709 (Mitchell-D) Juveniles: jury trial

Entitles any minor, 16 years of age or older at the time of the commission of an offense that could be used as a future felony conviction under the three strikes law, to a jury trial.
(Died in Assembly Appropriations Committee)

AB 1849 (Carter-D) Juveniles: restorative justice

Authorizes counties to adopt a restorative justice program for juvenile offenders to address the needs of minors, victims, and the community.
(Died in Assembly Appropriations Committee)

AB 1956 (Portantino-D) Juvenile offenders: tattoo removal

Expands, until 1/1/17, the California Voluntary Tattoo Removal Program to serve individuals between 14 and 24 who were tattooed for identification in human trafficking or prostitution, as specified.
Chapter 746, Statutes of 2012

AB 2060 (Bonilla-D) Juveniles: educational decisions

Requires the court, after a parents right to make educational decisions for his/her minor child has been limited, to determine if there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child, who is available and willing to serve as the child's educational representative before appointing an educational representative or surrogate who is not known to the child.
Chapter 176, Statutes of 2012

AB 2089 (Alejo-D) Juveniles: civil citation process

Authorizes a peace officer who takes a minor into temporary custody to issue a civil citation if the minor has not committed a previous offense.
(Died in Assembly Appropriations Committee)

AB 2101 (Achadjian-R) Juvenile Rehabilitation Training Camp Pilot Program

Authorizes exceptions to group home licensing provisions to permit the establishment of a pilot program for juvenile offenders on a military base in San Luis Obispo County.
(Died in Assembly Human Services Committee)

AB 2209 (Hueso-D) Juveniles: dependent children: placement

Prohibits the placement of a dependent child with any person, other than the child’s parent, outside of the country, unless the party requesting the placement shows by clear and convincing evidence that such placement is in the best interest of the child. Requires, that a court consider the following factors, in determining whether it is in a child's best interest to place him/her outside the country: (1) placement with a relative; (2) placement of siblings in the same home; (3) amount and nature of contact between parent and potential caretaker; (4) physical and medical needs of child; (5) social, cultural, and educational needs of dependent child; and (6) specific desires of children over 12 years of age.
Chapter 144, Statutes of 2012

AB 2292 (Nielsen-R) Juveniles: reunification orders

Requires the court to consider the admissible and relevant evidence before issuing an order returning a minor to the physical custody of his/her parents in dependency and wardship proceedings.
Chapter 208, Statutes of 2012

AB 2414 (Solorio-D) Postdischarge Youthful Offender Community Reentry Grant

Requires the California Emergency Management Agency to continue, until 1/1/18, the uncodified one-time federally funded Youthful Offender Reentry Competitive Grant Program targeting economically disadvantaged youths upon discharge from a state or local correctional facility, or from parole or probation.
(Died in Assembly Appropriations Committee)

AB 2576 (Davis-D) Juvenile justice

Prohibits, as of 1/1/13, the Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Facilities, from accepting wards and youthful offenders. Abolishes the CDCR, Division of Juvenile Facilities, as of 6/1/14. Creates the Juvenile Justice Rehabilitation Best Practices Fund (Fund) as of 1/1/13, and requires counties to apply to the Board of State and Community Corrections for grants from the Fund to contract with service providers and to renovate facilities to provide custodial and noncustodial rehabilitative services for juveniles. Provides that the Fund would be continuously appropriated from the General Fund. Establishes the Juvenile Justice Realignment Fund as of 1/1/13. Continuously appropriates specific amounts from the General Fund to the Juvenile Justice Realignment Fund. Provides that each county would receive a quarterly allocation from the Fund pursuant to a specified formula. Grants each county a minimum block grant beginning in the 2012-13 fiscal year.
(Died in Assembly Public Safety Committee)

AB 2616 (Carter-D) Truancy: school districts

Creates a new option for the first time a truancy report is issued, shifts the existing consequences for the first truancy to the second truancy, and eliminates the mandate that a pupil found truant for the fourth time in one school year be referred to the juvenile court.
Chapter 432, Statutes of 2012

Corrections

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SB 59 (Runner-R) Parole: release

Exempts specified persons placed on parole from existing provisions that require inmates released on parole to be returned to the county of last legal residence.
(Died in Senate Rules Committee)

SB 391* (Gaines-R) Inmates: parole hearings

Requires the Board of Parole Hearings to deny parole for specified crimes committed by an inmate unless the inmate proves that the gravity of the current convicted offense or offenses, or that the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety does not require a more lengthy period of incarceration, and that a parole date can be fixed at the meeting.
(Died in Senate Public Safety Committee)

SB 407 (Cannella-R) Jail inmates: workers' compensation

Creates certain limitations for inmates of a county, city, or city and county entitled to workers' compensation benefits for any injury arising during the course of assigned employment subject to specified conditions.
(Died in Senate Labor and Industrial Relations Committee)

SB 434 (Anderson-R) Corrections: undocumented criminal immigrants

Requires the Department of Corrections and Rehabilitation to bill the federal government for the incarceration of all undocumented inmates in California prisons. Requires the Attorney General to use all legal means to obtain compliance with the request for reimbursement. Requires the Department of Justice (DOJ) to collect data on the number of incarcerated undocumented aliens in California and publish that data on the Web site of the DOJ.
(Died in Senate Public Safety Committee)

SB 542 (Price-D) Inmate Welfare Fund

Expands the list of services for which Inmate Welfare Fund money may be spent.
Chapter 831, Statutes of 2012

SB 678 (Negrete McLeod-D) Probation

Authorizes counties to form community corrections multi-disciplinary teams for the purpose of providing evidence-based rehabilitation programs, and allows the members of those teams to share privileged information of probationers.
(Died in Assembly Public Safety Committee)

SB 680 (Wright-D) Corrections: Internal Affairs

Provides that the Bureau of Independent Review shall provide public review and monitoring, rather than public oversight, of specified investigations conducted by the Department of Corrections and Rehabilitation, and deletes specified required elements from the reporting mandate.
(Died in Senate Public Safety Committee)

SB 700 (La Malfa-R) Corrections: prison labor: fire suppression

Requires that, whenever an inmate is under consideration for assignment to a fire camp, the Secretary of the Department of Corrections and Rehabilitation (CDCR) is to notify the local law enforcement agency responsible for the arrest of the prisoner for the offense for which he/she is currently serving his/her sentence and inform that agency that it may provide the Secretary with specified information about the prisoner. Provides that, if the agency objects to the placement within 10 business days, the inmate shall not be placed in the camp or conservation center.
(Died in Senate Public Safety Committee)

SB 858 (Gaines-R) Chief Probation Officer of Nevada County

Provides that the Chief Probation Officer of Nevada County responsible for adult and/or juvenile probation shall be appointed and/or removed by the Board of Supervisors of Nevada County instead of the court.
(Died in Senate Public Safety Committee)

SB 906 (DeSaulnier-D) Defendants: incarceration

Prohibits the Department of Correction and Rehabilitation, when notified by a prosecuting attorney or court that two defendants are either co-defendants or co-conspirators, in the commission of a violent felony, from housing those two inmates within sight or sound of each other, and requires to the extent possible, those inmates be housed in separates facilities.
(Died in Senate Appropriations Committee)

SB 968* (Wright-D) Inmates: electronic monitoring

Authorizes a defendant arrested without a warrant for a bailable felony punishable by imprisonment in the county jail to apply to the court at the preliminary hearing, or anytime thereafter, for release on reduced bail if the defendant agrees to be placed in an electronic monitoring program, as specified.
(Died in Senate Appropriations Committee)

SB 983 (Strickland-R) County prisoners: interstate compacts

Authorizes the board of supervisors of any county, rather than the sheriff, to negotiate and enter into a contract with the officials of any other state for the confinement of county jail prisoners in corresponding facilities located in the other state, as specified. Removes the requirement of the inmate's written consent to transfer.
(Died in Senate Public Safety Committee)

SB 1020 (Senate Budget And Fiscal Review Committee) Public Safety Realignment: Budget Trailer Bill

Enacts the Public Safety Realignment Budget Trailer Bill which provides an overall financing structure for the 2011 Public Safety Realignment. Provides that the funding structure include the creation of accounts and rules that govern the flexibility of counties to transfer monies between accounts. Directs the allocation of funding among accounts, including the allocation of growth funding.
Chapter 40, Statutes of 2012

SB 1021 (Senate Budget And Fiscal Review Committee) Corrections: Budget Trailer Bill

Enacts the statutory changes to the provisions of the 2012-13 Budget relating to public safety which, among other provisions, (1) expands the existing Alternative Custody Program to include all women inmates and narrows exclusions to only take into account current convictions; (2) amends the Community Corrections Performance Incentive Act to require expanded reporting and focus on probation failures resulting in a prison terms, rather than jail, as a means to allocate funding. Also increases the minimum grant from $100,000 to $200,000; (3) codifies existing Medi-Cal reimbursement process related to the medical parole program; (4) expands the Integrated Services for Mentally Ill Parolees program to add a focus on housing, parole outpatient clinics, and bridge services for parolees as they transition off parole; (5) codifies the existing Department of Corrections and Rehabilitation (CDCR) policy to prescribe generic drugs as a first option and clarifies that an exemption may be carried out by the prescribing doctor; (6) specifies CDCR reporting requirements for fiscal and performance benchmarks relating to the CDCR's Future of Corrections Plan; (7) specifies that the Office of the Inspector General shall conduct oversight and inspections to assess reforms at CDCR relating to inmate participation in programs, staffing, inmate classification, prison gang management, and the comprehensive housing plan; (8) specifies data collection and reporting requirements relating to the Public Safety Realignment; (9) authorizes counties to enter into agreements with other counties for the purpose of housing any adult offenders serving a term in a county jail. The expanded authority sunsets on 7/1/15; and (10) eliminates the use of time-adds as a disciplinary tool in Division of Juvenile Justice facilities.
Chapter 41, Statutes of 2012

SB 1022 (Senate Budget And Fiscal Review Committee) Correctional facilities: Budget Trailer Bill

Enacts the statutory changes to the 2012 Budget Act relating to correctional facilities. Specifies legislative reporting requirements for Department of Corrections and Rehabilitation (CDCR) projects included in the Health Care Facility Improvement Program. Reduces revenue bond authority by roughly $4 billion reflecting reduced state capacity needs associated with the Public Safety Realignment of 2011. Authorizes up to $500 million in revenue bonds, notes, or bond anticipation notes to fund the acquisition, design, construction, and renovation of approved adult local criminal justice facilities, as specified. Authorizes the shift of $171 million in AB 900 (Solorio), Chapter 7, Statutes of 2007, funding from Phase I of the program to Phase II of the program allowing participating counties to benefit from an enhanced level of state financial participation. Authorizes the expenditure of AB 900 funding for the design and construction of improvements to medication distribution facilities at state prison facilities. Authorizes the expenditure of up to $810 million in revenue bonds, notes, or bond anticipation notes to finance the design, construction, and construction-related of three Level II dorm facilities at existing prisons. Requires CDCR to deactivate the California Rehabilitation Center located in Norco, California, no later than either 12/31/16, or six months after construction of the three Level II dorm facilities authorized in this act, whichever is earlier.
Chapter 42, Statutes of 2012

SB 1023 (Senate Budget And Fiscal Review Committee) Corrections: Budget Trailer Bill

Enacts statutory changes to the 2012-13 Budget relating to Corrections. Standardizes revocation process for all persons subject to local supervision (probation, mandatory supervision, post release community supervision, and parole). Specifies that a person subject to post-release community supervision, after serving a term for parole revocation, shall not be required to serve a period of post release supervision that exceeds the time for which that person would have served on parole. Specifies that a parolee held in a local jail is under the sole legal custody and jurisdiction of the local county sheriff even if placed in an alternative custody program by the sheriff. Further, when released from the local jail or county alternative custody program, the parolee shall be returned to the parole supervision of the Department of Corrections and Rehabilitation for the duration of parole. Provides that local agencies may require any person being released under local supervision to report to the local supervising agency within two days of their release. Authorizes the release of inmates one to two days early when an inmate's release date falls on a holiday or weekend. Authorizes local jail administrators to begin releasing inmates up to 30 days before their scheduled release date when the local facility exceeds its bed capacity. Removes the sunset on county authority to contract with community correctional facilities to provide inmate housing. Standardizes HIV and Hepatitis testing and notification requirements for all persons subject to local supervision.
Chapter 43, Statutes of 2012

SB 1079 (Rubio-D) Inmates: medical care

Codifies the existing regulations regarding what medical procedures are not medically necessary and thus may not be provided to inmates at the Department of Corrections and Rehabilitation, except as specified. Adds to the list of treatments that are not medically necessary and may not be provided to inmates, except as specified, treatment for sexual dysfunction, fertility, infertility, gender reassignment surgery, or weight reduction surgery.
(Failed passage in Senate Public Safety Committee)

SB 1098 (La Malfa-R) Inmate labor: conservation camps

Requires the Department of Corrections and Rehabilitation to provide all inmate classification, reclassification, and re-admission scores to the Department of Forestry and Fire Protection personnel assigned to the conservation camp in which an inmate has been placed.
Vetoed

SB 1121 (Hancock-D) State prison inmate education assessments

Provides that a credentialed teacher, vice principal, or principal shall provide input relating to the academic or vocational education program placement of an inmate, as specified.
Chapter 761, Statutes of 2012

SB 1124 (Cannella-R) Prisoners' payment for state prison costs

Requires courts, in every case in which a defendant is sentenced to county jail or state prison, to hold a hearing to determine the defendant's ability to pay the costs of that incarceration. Requires the court to order the defendant, prior to that hearing, to file a statement with the court setting forth his/her assets, liabilities, and income.
(Died in Senate Public Safety Committee)

SB 1150 (Dutton-R) Postrelease community supervision

Narrows eligibility for local "Postrelease Community Supervision," a component of the 2011 criminal justice realignment, thereby increasing the number of persons supervised by state parole instead of local probation upon release from prison, as specified.
(Failed passage in Senate Public Safety Committee)

SB 1282 (Blakeslee-R) Mentally disordered offenders

Provides that a mentally disordered offender who is required to undergo treatment in a state hospital as a condition of parole shall be deemed to be confined in prison and thus subject to special assault and battery statutes applicable to prisoners. Provides that a prison inmate who has been transferred to a state mental hospital for treatment shall be deemed to be confined in prison.
(Died in Senate Public Safety Committee)

SB 1343 (Emmerson-R) Postrelease community supervision

Requires a county agency implementing postrelease supervision to notify all relevant local law enforcement agencies of the person's residence in the area and to ensure that local summary criminal history information is available to all local law enforcement officers.
(Died in Senate Rules Committee)

SB 1379 (Rubio-D) Terms of probation: domestic violence

Increases the amount of the minimum payment by a defendant when he/she is granted probation for a crime of domestic violence to $500.
(Died in Senate Public Safety Committee)

SB 1441 (Emmerson-R) Felony sentences

Revises the criminal justice realignment of 2011 by requiring that defendants convicted of a felony and sentenced to more than three years shall serve that sentence in prison, as specified.
(Failed passage in Senate Public Safety Committee)

SB 1462 (Leno-D) County sheriffs: medical release of prisoners

Authorizes a sheriff to release a prisoner from a county jail after conferring with a jail physician if the sheriff determines the prisoner would not reasonably pose a threat to public safety and the prisoner is deemed to have a life expectancy of six months or less. Authorizes the court, at the request of a sheriff, to grant medical probation to any prisoner sentenced to a county jail who is physically incapacitated, as specified, if that incapacitation did not exist at the time of sentencing, or to a prisoner who would require acute long-term inpatient rehabilitation services. Requires the sheriff, before a prisoner's compassionate release or release to medical probation, to secure a placement option for the prisoner, as specified.
Chapter 837, Statutes of 2012

SB 1536 (Leno-D) Jail: confinement

Prohibits a person, as specified, who has been arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, from being confined in the general jail population, as specified.
(Died in Senate Appropriations Committee)

SCA 21 (De León-D) State prison funding

Requires that, in the 2013-14 fiscal year, and in each fiscal year thereafter, the amount appropriated from the General Fund of the state for the support of public institutions of higher education, as defined, be greater than the amount appropriated from the General Fund of the state for the support of the state prison system, as defined.
(Died in Senate Budget and Fiscal Review Committee)

AB 219 (Portantino-D) California Recidivism Goals Development and Achievement Act

Requires the Department of Corrections and Rehabilitation to reduce the recidivism rate of 2010 by 20% by 2015, and 40% by 2020.
(Died in Assembly Appropriations Committee)

AB 235 (Halderman-R) Clemency records: public records

Prohibits the Governor from imposing any restriction whatsoever on public access to writings relating to applications for clemency. Requires the Governor, prior to making any materials relating to an application for clemency public, to redact the home address, telephone number, and e-mail address of a victim of crime, or a family member of a victim of crime, from the materials.
(Died in Assembly Governmental Organization Committee)

AB 257 (Galgiani-D) Inmate release: notification

Requires the Department of Corrections and Rehabilitation to develop a statewide e-mail victim notification system for crime victims who request notification of parole hearings and/or release dates.
(Died in Assembly Appropriations Committee)

AB 355 (Solorio-D) Corrections: parole: crisis care

Repeals explicit statutory authorization for the Department of Corrections and Rehabilitation to contract for crisis care services for parolees with mental health problems.
(Died in Assembly Appropriations Committee)

AB 386 (Galgiani-D) Prisons: telehealth systems

Requires the Department of Corrections and Rehabilitation to establish a telehealth program at all state prisons by 1/1/16.
(Died in Assembly Appropriations Committee)

AB 489 (Cook-R) Correctional Peace Officer Standards and Training

Re-establishes the Commission on Peace Officer Standards and Training to reclaim responsibility for developing and monitoring training for correctional peace officers from the Corrections Standards Authority, which assumed this responsibility following the reorganization of the Department of Corrections and Rehabilitation in 2005. Does not change current law related to training, other than reconstituting the Commission and substituting the Commission for the Authority in sections of law related to correctional officer training. Adds a member to the Commission's executive board and specifies how this member will be selected.
(Died in Assembly Appropriations Committee)

AB 828 (Swanson-D) Drug felons: CalFresh: eligibility

Provides that a person convicted of any drug felony shall be eligible for aid under CalFresh, and makes related changes.
(Died in Senate Appropriations Committee)

AB 1270 (Ammiano-D) Media access to prisoners

Requires the Department of Corrections and Rehabilitation, upon reasonable notice, to permit representatives of the news media to interview prisoners in person, including prearranged interviews with specified prisoners and individuals encountered by a representative of the news media, as defined, while covering a facility tour, activity, event, or program.
Vetoed

AB 1284 (Hagman-R) Probation bonds

Provides that in lieu of revoking probation, the court, as a condition for continuing a defendant's probation, may order the defendant to post a bond from a licensed surety not to exceed $10,000 if the defendant was convicted of a misdemeanor and not to exceed $25,000 if the defendant was convicted of a felony, to secure compliance with any or all of the terms and conditions of probation. Requires the court, within 10 days of noncompliance with the terms of probation after a bond has been posted, to notify the defendant, the surety, and the bail agent of the probation revocation hearing. Requires the court to declare the bond forfeited if the defendant does not appear at the hearing.
(Died in Assembly Public Safety Committee)

AB 1323 (Gatto-D) Postrelease community supervision

Authorizes any city, county, or city and county to enact an ordinance requiring a person on postrelease community supervision to register with the "chief law enforcement officer" upon establishing a residence in the community.
(Died in Senate Public Safety Committee)

AB 1393 (Perea-D) Fresno County jails

Authorizes a local law enforcement agency within the County of Fresno to transfer, prior to booking, a person who is under arrest and in the custody of that agency, or upon a person's scheduled release from the Fresno County Jail due to overcrowding, he/she has been identified by the arresting agency as being at a high risk to reoffend, and he/she is the subject of a formal request from the arresting agency for notification prior to release.
(Died in Senate Public Safety Committee)

AB 1445 (Mitchell-D) Jails: county inmate welfare funds

Extends the operative period for two years to 1/1/15, for a pilot program allowing specified county sheriffs to use inmate welfare fund money to provide former county jail inmates with reentry services upon their release. Adds the counties of Marin, Napa, San Luis Obispo, and Ventura to this pilot program to extend the period of time in which inmate welfare fund money could be used for these purposes from 14 to 30 days after the inmate's release. Provides that, for purposes of this pilot program, inmate welfare fund money may not be used to provide services required to be provided by the county or sheriff and may not supplant any existing funding for services provided by the county or sheriff.
Chapter 233, Statutes of 2012

AB 1507 (Mendoza-D) Prison Industry Authority

Provides that provisions of existing law shall not restrict state agencies from entering into contracts or purchase orders of $25,000 or less with California certified small businesses, microbusinesses, or disabled veteran business enterprises for products provided at a lower price than the price available from the Prison Industry Authority.
(Died in Assembly Public Safety Committee)

AB 1556 (Cook-R) Financing of county jail facilities

Makes a statutory change that allows San Bernardino County to qualify for an additional payment of $16 million in bond funds authorized under the Local Jail Construction Financing Program. Specifies that any such awards shall be made by 12/31/12. Specifies that any amount received by a qualified county shall be deposited into the county's General Fund.
(Died in Assembly Budget Committee)

AB 1562 (Jeffries-R) County inmates: fire prevention

Authorizes the Department of Forestry and Fire Protection to enter into contracts with counties where the Department already operates fire camps to establish county inmate fire crews for fire prevention and suppression.
(Died in Assembly Appropriations Committee)

AB 1577 (Atkins-D) Parolee: driver's licenses

Authorizes the Department of Corrections and Rehabilitation or county jails to provide an offender with a parolee identification card and requires the Department of Motor Vehicles to honor that card as a valid source of identification for the purposes of applying for a driver's license or an identification card.
(Died in Assembly Public Safety Committee)

AB 1693 (Hagman-R) Persons incompetent to stand trial: pilot program

Authorizes the Department of State Hospitals to expand a restoration of competency pilot program in San Bernardino County to Los Angeles County and Kern County, and to any other county that voluntarily chooses to participate in the pilot program. Provides that if the Department expands the pilot program, as specified, Los Angeles and Kern County shall cooperate with the Department as necessary to establish the competency restoration programs in those counties.
(Died in Senate Appropriations Committee)

AB 1907 (Bonnie Lowenthal-D) Inmates: psychiatric medication

Applies the laws and procedures for involuntary medication of prison inmates to county jail inmates and persons housed in a state prison. Provides that in an emergency an inmate may be involuntarily medicated pursuant to an ex parte order until a hearing on involuntary medication can be held, as specified. Grants expedited access to counsel and a hearing to an inmate subject to involuntary medication in an emergency. Provides that where custody authorities fail to comply with a notice requirement concerning hearings on involuntary medication, the administrative law judge or hearing office shall determine whether or not the inmate can protect his/her interests before dismissing the petition. Terminates the permanent injunction issued in Keyhea v. Rushen (1986) 178 Cal.App.3d, 536 concerning involuntary administration of psychiatric medication to inmates and replace the injunction with an equivalent process. Specifies that county jail inmates subject to involuntary psychiatric medication orders need not be taken to a county mental health facility unless medically necessary. Makes technical changes, including substituting the term "psychiatric medication" for "psychotropic medication" in the involuntary medication laws.
Chapter 814, Statutes of 2012

AB 1913 (Skinner-D) Postrelease supervision: bail

Authorizes an individual on postrelease community supervision who has been arrested and held in custody pending a hearing on a revocation petition to move the court for release on bail, as specified.
(Died in Senate Appropriations Committee)

AB 1945 (Morrell-R) County jails: restitution

Requires a county sheriff or correctional administrator to deduct a prescribed amount from the wages and trust account of a prisoner sentenced to a county jail or a person who is subject to postrelease community supervision for the payment of restitution orders to the victims of the crime and restitution fines.
(Died in Assembly Public Safety Committee)

AB 1986 (Davis-D) Prison inmates: redistricting

Makes various modifications to a provision of existing law that requires the Department of Corrections and Rehabilitation to provide information to the Citizens Redistricting Commission regarding the last known residence of each inmate incarcerated in a state adult correctional facility.
Chapter 318, Statutes of 2012

AB 2016 (Gorell-R) Electronic monitoring

Prohibits a person from willfully removing or disabling an electronic, global positioning system or other monitoring device affixed to his/her person or the person of another, knowing that the device was affixed as a condition of a criminal sentence, juvenile court disposition, parole, probation, post-release community supervision or mandatory supervision.
(Died in Assembly Public Safety Committee)

AB 2031 (Fuentes-D) Community corrections: local and state board composition

Adds law enforcement rank-and-file members to the Board of State and Community Corrections, local Community Corrections Partnerships (CCPs), and the Executive Committees of the CCPs, as specified.
Vetoed

AB 2077 (Davis-D) Postrelease community supervision

Requires the Employment Development Department to develop a list of employers willing to employ people who have been incarcerated in a state prison or county jail.
(Died in Assembly Appropriations Committee)

AB 2078 (Nielsen-R) Sexual activity with detained persons

Clarifies that peace officers are prohibited from engaging in consensual sex with a person in a detention facility or being transported after arrest to a detention facility.
Chapter 123, Statutes of 2012

AB 2083 (Donnelly-R) Foreign Private Prison Commission

Establishes the Foreign Private Prison Commission.
(Failed passage in Assembly Public Safety Committee)

AB 2102 (Hill-D) Revenue bond financing of prison facilities

Changes the process by which currently authorized local jail bond funding is distributed.
(Died in Assembly Appropriations Committee)

AB 2127 (Carter-D) Work release

Authorizes a sheriff or other official to permit a participant in a work release program to receive work release credit for documented participation in educational programs, vocational programs, substance abuse programs, life skills programs, or parenting programs. Requires that participation in these programs be considered in lieu of performing labor in a work release program on an hour-for-hour basis, with eight work-related hours to equal to one day of custody credit, and will not limit the credit received for that participation nor require that the participant perform manual labor.
Chapter 749, Statutes of 2012

AB 2261 (Valadao-R) County inmates: medical visits

Raises the current amount that county jail inmates may be charged for medical visits from $3 to $5.
(Failed passage in Senate Public Safety Committee)

AB 2263 (Bradford-D) Persons sentenced to jail for a felony conviction

Authorizes a person who was sentenced for a jail felony to apply for dismissal of his/her conviction and the underlying charge.
(Died in Senate Appropriations Committee)

AB 2357* (Galgiani-D) Temporary removal of state prisoners

Specifies that one of the reasons for which the Secretary of the Department of Corrections and Rehabilitation could order a state prisoner temporarily removed from a state prison is to participate in or assist with the gathering of evidence relating to crimes. Provisions sunset on 1/1/13.
Chapter 145, Statutes of 2012

AB 2369 (Valadao-R) Prisoners: pharmacy services

Requires the pharmacy services program under the Department of Corrections and Rehabilitation to use less expensive medication as achieved by the statewide prescription drug bulk purchasing program, as defined, unless an exception is approved or the prescriber has indicated "dispense as written" on the prescription.
(Died on Senate Third Reading File)

AB 2385 (Harkey-R) Electronic monitoring

Provides that a court may place a person into an electronic monitoring program that is operated by a private vendor only if the program is operated pursuant to a contract and standards that comply with the provisions of subdivision (j) of Section 1203.016 of the Penal Code, relating to probation.
(Failed passage on Senate Floor)

AB 2486 (Feuer-D) Felonies committed while in prison

Requires any new felony offense committed while serving a felony sentence in county jail to be served as a consecutive term to commence at the time the defendant would have otherwise been released from jail for the original offense.
(Failed passage in Assembly Public Safety Committee)

AB 2490 (Butler-D) Correctional counselors for veterans

Requires the Department of Corrections and Rehabilitation to develop guidance policies relative to the release of veterans who are inmates.
Chapter 407, Statutes of 2012

AB 2527 (Swanson-D) Probation: early termination

Provides specified factors that a court may consider when determining whether to grant a probationer's petition for termination of probation.
Vetoed

AB 2530 (Atkins-D) Shackling pregnant inmates

Deletes current provisions of the Penal Code and Welfare and Institutions Code relating to shackling of pregnant state inmates and juvenile wards and replaces them with specified new standards on shackling these prisoners.
Chapter 726, Statutes of 2012

AB 2587 (Knight-R) Correctional facility construction

Authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into a long-term agreement with the City of Adelanto to finance and build a state prison facility for medium and maximum security inmates.
(Died in Assembly Local Government Committee)

AB 2655 (Swanson-D) Inmate education: community colleges

Waives the open course requirement for California community college courses offered in state correctional facilities and allows attendance hours generated by credit courses to be funded at the credit rate, instead of the noncredit funding rate.
(Died in Senate Appropriations Committee)

ACA 14 (Silva-R) Pardons and commutations: Governor

Prohibits the Governor from granting a pardon or commutation during the 30-day period immediately preceding the end of his/her term of office. Provides that any pardon or commutation issued in violation of these provisions is void.
(Died in Assembly Public Safety Committee)

ACA 15 (Mansoor-R) Pardons and commutations: Governor

Requires the Governor, at least 30-days prior to granting a pardon or commutation, to provide written notice of the pardon or commutating to the agency that prosecuted the case in which the person was convicted, and to each victim of the crime or crimes for which that person was convicted. Provides that any pardon or commutation issued in violation of these provisions is void.
(Died in Assembly Public Safety Committee)

AJR 38 (Donnelly-R) Incarceration: undocumented criminals

Urges the President and Congress of the United States to restore full funding for the State Criminal Alien Assistance Program and to fully reimburse states for the cost of incarcerating undocumented criminals.
(Failed passage in Assembly Public Safety Committee)

Victims of Crime

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SB 1058 (Lieu-D) Victims of Corporate Fraud Compensation Fund

Revises and recasts the provisions governing administration of the Victims of Corporate Fraud Compensation Fund by the Secretary of State (SOS), by codifying certain existing regulations promulgated by the SOS to administer the Fund, codifying changes to other existing regulations promulgated by the SOS, and adding new statutory language to facilitate the approval of valid claims from the Fund.
Chapter 564, Statutes of 2012

SB 1082 (Corbett-D) Victims: protection: address confidentiality

Requires that applicants seeking enrollment in the "Safe at Home" address confidentiality program for victims of domestic violence, sexual assault, and stalking, as well as reproductive health care providers, employees, volunteers and patients be domiciled in California, and provides the Secretary of State (SOS) the authority to not renew the certification of a program participant who has abandoned his/her domicile in California. Authorizes a minor program participant to renew his/her participation upon reaching 18 years of age, following the renewal procedure established by the SOS under the office's existing statutory authority. Modifies the permissible grounds for early termination of a participant's certification in the program by the SOS, while providing for an extended period of time to appeal an intended termination from five days to 30 days. Permits the SOS to handle or forward packages for program participants in the SOS's discretion and makes other non-substantive changes.
Chapter 270, Statutes of 2012

SB 1177 (Leno-D) Crime victims: restitution

Provides that, in cases where an employer is convicted of a crime against an employee, a payment to the employee or the employee's dependent that is made by the employer's workers' compensation insurance carrier shall not be used to offset the amount of a court's restitution order unless the court finds substantial evidence that all premiums for that insurance coverage have been paid in full accordance with the law.
Chapter 868, Statutes of 2012

SB 1210 (Lieu-D) Criminal fines and penalties: collection

Requires the court to assess a post-release community supervision or mandatory-supervision revocation fine in the same amount as that imposed for the restitution fine and authorizes local agencies to collect them.
Chapter 762, Statutes of 2012

SB 1299 (Wright-D) Victims of crime: compensation

Modifies the process by which crime victims seek reimbursement from the California Victim Compensation and Government Claims Board for pecuniary losses resulting from a crime.
Chapter 870, Statutes of 2012

SB 1371* (Anderson-R) Victim restitution: fines: default

Provides that where a defendant has been ordered to pay a restitution fine or direct restitution, the defendant may not satisfy the obligation through time spent in custody, calculated at the statutory rate of $30 per day.
Chapter 49, Statutes of 2012

SB 1372* (Runner-R) Justice for Murder Victims Act of 2012

Enacts the Justice for Murder Victims Act of 2012 by, among other things, requiring that the superior court which imposed the death sentence shall offer to appoint counsel to represent state prisoners subject to a capital sentence for purposes of state postconviction proceedings, and requiring the superior court to appoint one or more counsel to represent the prisoner in a state habeas corpus proceeding.
(Died in Senate Public Safety Committee)

SB 1479 (Pavley-D) Crime victims: restitution

Provides, that in music or video piracy, restitution shall include the value of pirated works - works not obtained at wholesale from the copyright holder or licensee - that were seized from the defendant and destroyed.
Chapter 873, Statutes of 2012

AB 906 (Galgiani-D) Victims and witnesses: murder: protection

Expands eligibility to participate in the Safe at Home Program to include a witness who has testified or subpoenaed to testify in a murder trial, as specified.
(Died in Senate Appropriations Committee)

AB 1899 (Mitchell-D) Crime victims: postsecondary education benefits

Requires grant students who are noncitizen victims of trafficking, domestic violence and other serious crimes, as defined under specified federal law, the same exemption from nonresident tuition and eligibility to apply for and participate in state and institutional financial aid programs at the California State University and the California Community Colleges as that extended to students granted refugee status, and requests the University of California to adopt similar policies.
Chapter 509, Statutes of 2012

AB 1945 (Morrell-R) Crimes: county jails: restitution

Requires a county sheriff or correctional administrator to deduct a prescribed amount from the wages and trust account of a prisoner sentenced to a county jail or a person who is subject to postrelease community supervision for the payment of restitution orders to the victims of the crime and restitution fines.
(Died in Assembly Public Safety Committee)

AB 2221 (Block-D) Victims: public records

Adds confidential information or records pertaining to crime victims, as provided in the Victims Bill of Rights Act of 2008, Marsy's Law, Section 28 of Article I of the California Constitution, to the list of information not required to be disclosed as public records under the Public Records Act.
Chapter 697, Statutes of 2012

AB 2251 (Feuer-D) Victim restitution: victim's contact information

Authorizes prosecutors to send victim contact information to the Department of Corrections and Rehabilitation without the victim's consent for purposes of recouping restitution.
Chapter 124, Statutes of 2012

AB 2376 (Halderman-R) Victim: hate crime: concealed weapons: good cause

Provides that good cause shall be conclusively established if the applicant has a report on file with a law enforcement agency evidencing that he/she is a victim of a hate crime.
(Failed passage in Assembly Public Safety Committee)

AB 2483 (Blumenfield-D) Victims of stalking: address confidentiality

Removes the requirement that victims alleging stalking as the basis of their eligibility for the address confidentiality program provide specific attached evidence to the application. Makes the inclusion of specific evidence in these applications permissive.
Chapter 102, Statutes of 2012

AB 2596 (Feuer-D) Victims Restitution: collection of fines

Requires a person who is subject to postrelease community supervision or mandatory supervision, who violates the terms of his/her postrelease community supervision or mandatory supervision, and who is incarcerated in a county jail for that violation, to pay a fine, for deposit into the Restitution Fund in the State Treasury, a continuously appropriated fund.
(Died in Assembly Public Safety Committee)

Weapons

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SB 249 (Yee-D) Assault weapons

Defines "detachable magazine" relating to an "assault weapon" to mean any ammunition feeding device that can be removed from the firearm without disassembly of the firearm action, and to include a magazine that may be detached from the firearm by depressing a button on the firearm either with the finger or by use of a tool or a bullet. Declares that these provisions are declaratory of existing law, directs the Attorney General to adopt regulations, and makes these provisions operative 7/1/13.
(Died in Assembly Appropriations Committee)

SB 269 (La Malfa-R) Firearms: Dealers' Record of Sale Special Account

Requires the Department of Justice, on or before July 1, to annually issue a report to the Legislature regarding the status of the revenues generated by the Dealers' Record of Sale fees pursuant to this article of law. Requires the report to contain information regarding the balance of the Dealer's Record of Sale Special Account and expenditures and loans from the Account.
(Died in Senate Rules Committee)

SB 313 (Correa-D) Firearms

Exempts from those existing provisions of law that subjects individuals to possess an unsafe handgun, those handguns for which production ceased prior to 1/1/00, and for which production has not resumed, and handguns that are commemorative or custom-made, and for which production was or is limited to 1,000 or fewer firearms.
(Failed passage in Senate Public Safety Committee)

SB 404 (Anderson-R) Handgun safety certificates exemptions

Provides that a certified instructor shall charge a fee of not more than $10 to any applicant who has been honorably discharged from the United States Armed Forces, the National Guard, or the Air National Guard. Prohibits the Department of Justice from charging a fee to a certified instructor for each handgun safety certificate issued by the instructor to an applicant who has been honorably discharged from the United States Armed Forces, the National Guard, or the Air National Guard.
(Died in Senate Public Safety Committee)

SB 465 (Wright-D) Concealed firearm license

Provides that the good cause requirement needed to apply for a concealed weapon permit is deemed met for any applicant who is a member of Congress of the United States, a statewide elected official, or a Member of the Legislature, for purposes of protection or self-defense, and that those persons are required to comply with all other requirements for obtaining or renewing the license.
(Died in Senate Rules Committee)

SB 894 (Runner-R) Firearms: felonies

Provides that the offense of an ex-felon carrying a concealed weapon is punishable by three years imprisonment in the state prison, if the offender was previously convicted of a felony.
(Died in Senate Public Safety Committee)

SB 1315 (De León-D) Imitation firearms: regulation

Creates an exemption from the general state preemption of the field regarding the regulation of imitation firearms, to allow the County of Los Angeles, and any city within the County of Los Angeles, to enact and enforce an ordinance or resolution that is more restrictive than state law regulating the manufacture, sale, possession, or use of any BB device, toy gun, replica of a firearm, or other device, that is so substantially similar to an existing firearm as to lead a reasonable person to perceive that the device is a firearm and expels a projectile that is no more than 16 millimeters in diameter.
Chapter 214, Statutes of 2012

SB 1366 (DeSaulnier-D) Firearms: lost or stolen: reports

Requires every person, with exceptions, to report the theft or loss of a firearm he/she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time he/she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. These provisions provide guidelines for law enforcement to adhere to, and prescribe a fine for a violation.
Vetoed

SB 1422 (Anderson-R) Handguns: handgun safety certificate

Reduces the handgun safety certificate (HSC) fee and the HSC renewal fee for honorably discharged members of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States.
(Died in Senate Appropriations Committee)

SB 1433 (Alquist-D) Firearms: domestic violence: protective orders

Revises and tightens existing laws concerning domestic violence protective orders with respect to firearms owned or possessed by the subject of such an order.
Chapter 765, Statutes of 2012

SB 1567 (La Malfa-R) Firearms: waiting period: exemptions

Requires proof, when applying for a concealed weapons permit, that the applicant is not prohibited by statute or federal law from possessing such a permit. Provides that the existing 10-day waiting period for delivery of a concealed firearm permit does not apply to a peace officer or a retired peace officer.
(Failed passage in Senate Public Safety Committee)

SB 1569 (Fuller-R) Firearms: waiting period

Shortens the waiting period between the time a firearm is purchased and when the dealer may deliver it to the buyer from 10 days to 72 hours.
(Failed passage in Senate Public Safety Committee)

SJR 10 (De León-D) Firearms trafficking

Urges the President and the Congress of the United States to pursue a comprehensive approach to stem the trafficking of illicit United States firearms into Mexico.
Resolution Chapter 75, Statutes of 2012

AB 613 (Hagman-R) Weapons: ammunition

Repeals specified provisions of AB 962 (De Leon-D), Chapter 628, Statutes of 2009, relating to the sale and delivery of handgun ammunition.
(Died in Assembly Public Safety Committee)

AB 811 (Hall-D) Firearms: Private Patrol Operators

Establishes procedures allowing Private Patrol Operators to own firearms and to assign those firearms to employees of the Private Patrol Operator who are licensed security guards. States findings and declarations of the Legislature, and the intent of the Legislature in connection with these procedures.
(Died in Assembly Public Safety Committee)

AB 829 (Knight-R) Firearms: peace officers

Expands the authority of law enforcement agencies to issue identification and concealed weapons permits to honorably retired peace officers, and makes conforming changes.
(Failed passage in Assembly Public Safety Committee)

AB 1331 (Davis-D) Firearms: deadly weapons

Delays from1/1/11 until 1/1/17 the implementation of SB 1080 (Senate Public Safety Committee), Chapter 711, Statutes of 2010, and SB 1115 (Senate Public Safety Committee), Chapter 178, Statutes of 2010, which reorganizes without substantive change Penal Code provisions relating to deadly weapons and makes numerous cross-referencing changes.
(Died in Assembly Public Safety Committee)

AB 1527 (Portantino-D) Firearms: long guns

Makes it a misdemeanor, with certain exceptions, for a person to carry an unloaded firearm that is not a handgun on his/her person outside a motor vehicle in an incorporated city or city and county.
Chapter 700, Statutes of 2012

AB 1559 (Portantino-D) Firearms: motion picture prop

Allows for the importation of short-barreled rifles and short-barreled shotguns for use as a prop for a motion picture, television, or video production or entertainment event when the Department of Justice issues a permit finding good cause as it currently does for the manufacture, possession, transportation, or sale of short-barreled weapons. Adjusts the payment of fees for purchase and possession of specified firearms.
Chapter 691, Statutes of 2012

AB 1821 (Hall-D) Firearm qualification cards: security personnel

Authorizes a security guard or patrolperson to carry and use a firearm pending receipt of a permanent or replacement firearm qualification card if he/she carries a hard copy of the Bureau of Security and Investigative Services' approval and valid picture identification.
Chapter 117, Statutes of 2012

AB 1981 (Feuer-D) Metal knuckles: crimes: punishment

Revises the crime that any person in the state who manufactures or causes to be manufactured, imports, keeps for sale, or offers or exposes for sale, or who gives, lends, or possess any metal knuckles is guilty of a felony, punishable in a county jail for 16 months, or two or three years.
(Died in Assembly Public Safety Committee)

AB 2182 (Torres-D) Firearms: airports: arrest

Requires a peace officer to arrest any person for violating provisions of law that prohibit the carrying of a concealed weapon in an airport without a concealed weapons permit.
(Died in Senate Public Safety Committee)

AB 2221 (Block-D) Firearm licenses: public records

Adds prosecutors and public defenders to the list of professionals whose firearm licenses and license applications are not fully required to be disclosed as public records under the California Public Records Act.
Chapter 697, Statutes of 2012

AB 2333 (Solorio-D) BB devices

Specifies that any person who keeps a BB device within any premises that is under the person's custody or control, who knows or reasonably should know that a minor is likely to gain access to that BB device without the permission of the minor's parent or legal guardian, and a minor obtains access to that BB device and thereafter carries the BB device off-premises and openly displays or exposes the BB device in a public place in violation of provisions of existing law, may be subject to a written warning for the first instance, a civil fine of $100 for the second instance, and a civil fine of $200 for the third or subsequent instance.
Vetoed

AB 2376 (Halderman-R) Concealed weapons: good cause: hate crime victim

Defines "good cause" for the issuance of a license to carry a concealed handgun, by a sheriff of a county or a chief of a municipal police force, to include, but is not limited to, if the applicant has a report on file with a law enforcement agency evidencing that he/she is a victim of a hate crime.
(Failed passage in Assembly Public Safety Committee)

AB 2460 (Dickinson-D) Firearms: unsafe handguns

Specifies that the Department of Justice, police departments, sheriffs' officials, marshals' offices, the Department of Corrections and Rehabilitation, the California Highway Patrol, district attorneys' offices, and military or naval forces of the State of California may not sell or otherwise transfer the ownership of an unsafe handgun to any entity or person that is not otherwise exempted from possession of an unsafe handgun.
Vetoed

AB 2512 (Skinner-D) Firearms: ammunition: sales

Requires ammunition sellers to inform law enforcement of large purchases of ammunition, prohibits possession of kits for converting ammunition feeding devices that hold no more than 10 rounds to allow them to hold more than 10 rounds, and makes possession of such a kit a violation of post release community supervision.
(Died in Senate Rules Committee)

AB 2541 (Feuer-D) Firearms equipment: silencers

Increases the amount of the maximum fine from $10,000 to $15,000 for possession of a silencer.
(Died in Assembly Public Safety Committee)

AB 2549 (Hall-D) Assault weapons: possession

Provides that an honorably retired peace officer who is in possession of an assault weapon or .50 BMG rifle that he/she lawfully purchased with their agency's permission, as specified, and who honorably retired from a law enforcement agency, either before or after 1/1/13, shall not be required to surrender the weapon so long as the honorably retired peace officer notifies the Department of Justice of his/her change in status and continued ownership of the assault weapon or .50 BMG rifle.
(Failed passage in Senate Public Safety Committee)

AB 2615 (Jones-R) Concealed weapons

Provides that "good cause" for the issuance of a license to carry a concealed handgun, by a sheriff of a county or a chief of a municipal police force, includes, but is not limited to, personal protection or self-defense.
(Failed passage in Assembly Public Safety Committee)

AJR 45 (Feuer-D) Firearms: assault weapons

Urges the President and Congress of the United States to reauthorize the Federal Assault Weapons Ban.
Resolution Chapter 143, Statutes of 2012

Courts/Judges/Legal Profession

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SB 326 (Yee-D) Court records: public access

Requires the Judicial Council to adopt a rule of court regarding access to court records.
(Died in Assembly Appropriations Committee)

SB 1021 (Senate Budget And Fiscal Review Committee) Court funding: Budget Trailer Bill

Enacts statutory changes to implement the Public Safety part of the 2012-13 Budget which, among other provisions, (1) eliminates statutory sunsets on court fee increases imposed by SB 857 (Senate Budget and Fiscal Review Committee), Chapter 720, Statutes of 2010. Increases revenue for courts by approximately $57 million per year, as follows: the complex case fee increases from $550 to $1000 ($7.1million); the motion fee increases from $40 to $60 ($8.3 million); the first paper filing fee increases from $395 to $435 ($21.1 million); the jury deposit, makes nonrefundable and moves up payment timeline, ($11.7 million); a new will deposit fee of $50 ($2.2 million); a new court reporter fee of $30 for services under an hour ($5.5 million); and a 20% increase ($120 first filing, $65 response) in the appellate court filing fees ($1 million); (2) makes the following changes relative to trial court funding and operations: (a) restricts spending, from the Trial Court Trust Fund, on the Court Case Management System and, beginning 1/1/13, for any purpose other than allocation to trial courts unless authorized by statue; (b) requires negotiation prior to changing court transcription fees; (c) specifies that, prior to 6/30/14, a trial court may carry over all unexpended funds from the courts operating budget from the prior fiscal year; (d) specifies that, commencing 6/30/14, a trial court may carry over unexpended funds in an amount not to exceed 1% of the court's operating budget from the prior year; (e) establishes a statewide reserve of 2% of trial court funding to be distributed to courts throughout the year, as specified; and (f) establishes the State Trial Court Improvement and Modernization Fund as the successor fund of the Trial Court Improvement Fund and the Judicial Administration Efficiency and Modernization Fund; and (3) makes necessary modifications to reflect the new realignment funding structure of trial court security. In addition, recasts existing law with the addition of a dispute resolution process when the presiding judge of a county and a sheriff cannot agree on a security plan.
Chapter 41, Statutes of 2012

SB 1489 (Harman-R) Courts: destruction of trial court exhibits

Permits a court to order the destruction of exhibits, in cases where the death penalty is imposed, 30 days after the execution of sentence or the death of the defendant while awaiting execution.
Chapter 283, Statutes of 2012

SCR 38 (Price-D) African American justices

Acknowledges the 50th anniversary of service by African American justices in the California Courts.
(Died in Senate Rules Committee)
A similar resolution was ACR 47 (Davis-D) which died in Senate Rules Committee.

AB 20 (Halderman-R) Construction defect actions

Regulates attorney-client communications regarding certain construction defects.
(Died in Assembly Judiciary Committee)

AB 259 (Smyth-R) County public defender

Allows the appointment of a judge or elected official to the office of the public defender in any county.
(Died on Senate Inactive File)

AB 295 (Bonnie Lowenthal-D) Courts: California Case Management System

Requires the Judicial Council to provide an annual status report relative to the California Case Management System (CCMS), on or before December 1 of each year until project completion and full implementation. The report additionally will require all costs of the trial courts in support of these projects, total estimated costs to complete these projects, a general description of the nature of costs that justice partners, as defined, that incur from making changes as necessary to access the CCMS, and an explanation for deviation from any recommendation of the California Technology Agency pursuant to specified provisions. Requires the Administrative Office of the Courts, on or before December 1 of each year until project completion and full implementation, to annually provide to those chairpersons an independent project oversight report for the CCMS.
(Died in Assembly Judiciary Committee)

AB 314 (Gorell-R) Court facilities

Requires that contracts pertaining to the acquisition and construction of court facilities to be subject to the provisions of the Public Contract Code.
(Died in Assembly Business, Professions and Consumer Protection Committee)

AB 572 (Wieckowski-D) Attorneys: annual membership fee

Requires the Board of Governors of the State Bar of California to charge an annual membership fee for active members for 2012.
(Died in Assembly Judiciary Committee)

AB 618 (Furutani-D) Court interpreters

Provides that a person charged with a crime who is unable to understand English has the right to a competent interpreter that is not shared with another person, which includes a witness or co-defendant during any trial proceeding.
(Died in Senate Appropriations Committee)

AB 810 (Wagner-R) Courts: translators

Revises and recasts provisions relating to court interpreters and translators, as well as deletes obsolete language as a result of trial court restructuring.
(Died in Senate Appropriations Committee)

AB 990 (Allen-D) Court transcripts

Prohibits a court, party, or person that does not purchase a transcript, but, pursuant to a specified rule of court, requests another party to lend them that party's copy of the transcript or is temporarily in possession of the transcript, from distributing, publishing, emailing, selling, or reproducing a copy or portion thereof without paying a fee to the reporter.
(Died in Assembly Judiciary Committee)

AB 1089 (Alejo-D) Translation of court proceedings

Permits bilingual judges, at the beginning of a court calendar, to help non-English speaking litigants by providing an unofficial interpretation of typical remarks the judge makes regarding court decorum and scheduling when a court interpreter is not immediately available.
(Died in Assembly Judiciary Committee)

AB 1208 (Charles Calderon-D) Trial courts: administration

Provides guidelines for the governance and funding within California's judicial branch.
(Died in Senate Rules Committee)

AB 1289 (Davis-D) Court facilities fees

Modifies penalty provisions related to delinquent transfers of court fees to the State Court Facilities Construction Fund, as specified, and revises the formula for calculating the penalty. Authorizes the State Controller to permit a county, city, or court to pay the interest or penalty amounts under a payment schedule if the amount would cause a hardship to that entity.
(Died in Senate Appropriations Committee)

AB 1316 (Smyth-R) Lawyer-client privilege

Provides an exception to the lawyer-client privilege if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another person and in furtherance of which the client has used or is using the lawyer's services.
(Died in Assembly Judiciary Committee)

AB 1529 (Dickinson-D) Trial courts: restructuring and bail forfeiture appeals

Implements various recommendations of the California Law Revision Commission concerning trial court restructuring and state responsibility for the courts. Provides that a bail forfeiture appeal in which the amount in controversy exceeds $25,000 shall be heard in the court of appeal and an appeal involving $25,000 or less shall be heard in an appellate division of a superior court.
Chapter 470, Statutes of 2012

AB 1630 (Olsen-R) Stanislaus County Superior Court

Repeals a supplemental retirement benefits for court reporters in Stanislaus County Superior Court and makes non-substantive changes to reflect state trial court responsibility for compensation of court employees.
(Failed passage in Assembly Judiciary Committee)

AB 1954 (Nestande-R) Legal advertising: class actions

Requires an advertisement soliciting plaintiffs for a class action to include a disclosure stating that the plaintiff may be financially liable for a prevailing defendant's attorney's fees.
(Failed passage in Assembly Judiciary Committee)

AB 2025 (Gorell-R) Mediation: confidentiality

Requires the California Law Revision Commission to study and report to the Legislature regarding mediation confidentiality.
(Died in Senate Rules Committee)

AB 2073 (Silva-R) Courts: electronic filing and service of documents

Authorizes the Superior Court of Orange County, until 7/1/14, to establish a pilot project by local rule to require parties to specified civil actions to electronically file and serve documents.
Chapter 320, Statutes of 2012

AB 2076 (Ma-D) Official court reporter fee

Provides that a $30 fee be charged for each civil trial court proceeding lasting less than one hour for the reasonable cost of the services of an official court reporter, and requires that these fees be retained by the court in which the fee was collected.
(Died in Senate Appropriations Committee)

AB 2221 (Block-D) Prosecutors: public defenders

Adds prosecutors and public defenders to the list of professionals whose home address and telephone number, contained in firearm licenses and license applications, are not fully required to be disclosed as public records under the California Public Records Act (PRA). Adds confidential information or records pertaining to crime victims, as provided in the Victims' Bill of Rights Act of 2008: Marsy's Law, Section 28 of Article I of the California Constitution, to the list of information not required to be disclosed as public records under the PRA.
Chapter 697, Statutes of 2012

AB 2225 (Perea-D) Courts: video trial pilot program: infractions

Authorizes the Superior Court of Fresno County to establish a three-year pilot program to permit trials and proceedings to be conducted using remote two-way video trials for traffic infractions and any infraction violation of compulsory attendance laws by a parent or guardian.
(Died in Senate Rules Committee)

AB 2381 (Roger Hernández-D) Judicial Council: employer-employee relations

Establishes the Judicial Council Employer-Employee Relations article to cover Judicial Council employees, including employees of the Administrative Office of the Courts (AOC), so that AOC employees receive the right to organize and bargain consistent with most California employees.
(Died in Senate Public Employment and Retirement Committee)

AB 2473 (Atkins-D) Court security

Allows a sheriff to provide security in areas adjacent to a courthouse facility as specified, if agreed to by the court and the sheriff. Sets out a non-exhaustive list of internal courthouse security functions that a sheriff may perform as contracted with a superior court.
(Died in Senate Rules Committee)

AB 2611 (Butler-D) Veterans treatment courts

Authorizes superior courts to implement veterans treatment courts.
Vetoed

AB 2612 (Achadjian-R) Courts: witness fees

Increases the amount that the subpoenaing party must advance, together with the subpoena, from $150 to $275 for each day that the public employee is required to remain in attendance pursuant to the subpoena.
Chapter 377, Statutes of 2012

AB 2657 (Charles Calderon-D) Electronic court reporting

Specifies that transcripts derived from electronic recordings shall include a designation of "inaudible" or "unintelligible" for those portions of the recording that contain no audible sound or are not discernible.
Chapter 170, Statutes of 2012

AB 2685 (Assembly Judiciary Committee) Attorneys: annual membership fees

Authorizes the State Bar of California to collect active membership dues of up to $410 for the year 2013. Consistent with existing law, those dues would fund only mandatory programs of the State Bar, and members can deduct $5 if they did not wish to support lobbying and other legislative activities. Provides that members can also deduct an additional $5 if they did not wish to fund access and elimination of bias programs.
Chapter 348, Statutes of 2012

ACR 47 (Davis-D) African American justices

Acknowledges the 50th anniversary of service by African American justices in the California courts.
(Died in Senate Rules Committee)
A similar resolution was SCR 38 (Price-D) which died in Senate Rules Committee.

ACR 167 (Alejo-D) California State Bar admission

Declares that an applicant's immigration status should not be the determining factor in deciding whether to approve a license to practice law, commends Sergio C. Garcia for his hard work and success, and also commends the State Bar of California for its efforts to admit Sergio C. Garcia to the State Bar of California.
Resolution Chapter 113, Statutes of 2012

Law Enforcement

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SB 271 (Wyland-R) Law enforcement: rape kits: expedited processing

Provides that a county's remaining share of funds attributable to the increase in penalties as required by DNA Fingerprint, Unresolved Crime and Innocence Protection Act, may be used by a local sheriff, police department, district attorney, or other law enforcement agency for expenditures and administrative costs made or incurred for utilizing a laboratory, other than the Department of Justice Laboratory, as specified, to expedite the analysis and processing of rape kits and uploading rape kit information to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System.
(Died in Senate Public Safety Committee)

SB 329 (Correa-D) County penalties: forensic laboratories

Requires, for the purposes of providing supplemental funding for the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, as specified, an additional penalty to be levied in an unspecified amount in each county for the late payment of any fine, penalty, or forfeiture imposed by the courts for any violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, that is committed by the driver of a vehicle while it is in motion.
(Died in Senate Public Safety Committee)

SB 573 (Hernandez-D) Police personnel files

Provides that a District Attorney's office, the Attorney General's Office or a Grand Jury that is seeking access to police personnel files is required to obtain a court order for these records through the specified statutory discovery process except in criminal investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs them.
(Died in Senate Public Safety Committee)

SB 638 (De León-D) Public Safety Officers Procedural Bill of Rights Act

Prohibits a public agency from taking punitive action against a public safety officer, or denying promotion on grounds other than merit, because that officer is placed on a Brady list, as defined.
(Died in Senate Public Safety Committee)

SB 1020 (Senate Budget And Fiscal Review Committee) Public safety realignment: Budget Trailer Bill

Enacts the Public Safety Realignment Budget Trailer Bill which provides an overall financing structure for the 2011 Public Safety Realignment. Provides that the funding structure includes the creation of accounts and rules that govern the flexibility of counties to transfer monies between accounts. Directs the allocation of funding among accounts, including the allocation of growth funding.
Chapter 40, Statutes of 2012

SB 1023 (Senate Budget And Fiscal Review Committee) Law enforcement: Budget Trailer Bill

Enacts statutory changes to the 2012-13 Budget relating to the 2011 Public Safety Realignment which, among other provisions, makes revisions to law enforcement as follows: (1) specifies realigned funds to support jail booking fees; (2) removes requirement to notify counties of jail booking fee increases in light of fees being supported by realigned funding; (3) specifies realigned funds to support the Citizens' Option for Public Safety, and Juvenile Justice Crime Prevention Act programs; (4) sunsets the State Law Enforcement Oversight Committee and High Tech Crime Advisory Committee along with associated duties; (5) increases Small Rural Sheriff program grants by approximately $500,000 for each of 37 rural counties to address general law enforcement needs; (6) clarifies that all persons subject to local supervision are also subject to DNA collection pursuant to the provisions of Proposition 69; (7) sunsets current realignment funding provisions and creates new ongoing allocation schedules for the following programs: (a) the California Multi-Jurisdictional Methamphetamine Enforcement Teams, (b) Multi-Agency Gang Enforcement Consortium, (c) Sexual Assault Felony Enforcement Teams, (d) High Technology Theft Apprehension and Prosecution Program, (e) Gang Violence Suppression Program, and (f) Central Valley and Central Coast Rural Crime Prevention Programs; (8) removes sunset on Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention program and provides ongoing funding through realignment; and (9) requires the Department of Justice to furnish an attorney or public defender who is representing a supervised person with criminal history information when needed in the course of their duties.
Chapter 43, Statutes of 2012

SB 1047 (Alquist-D) Silver Alert notification system

Establishes a Silver Alert notification system designed to issue and coordinate alerts to inform the public when a person who is 65 years or older is missing, as specified. Sunsets on 1/1/16.
Chapter 651, Statutes of 2012

SB 1067 (La Malfa-R) Peace officers: mutual aid

Authorizes the police departments of the cities of Tulelake, California and Malin, Oregon, to enter into a mutual aid agreement. Specifies that before the effective date of an agreement, the agreement must be reviewed and approved by the California Highway Patrol.
Chapter 269, Statutes of 2012

SB 1074 (Dutton-R) Fingerprinting: CalFresh eligibility

Extends the fingerprint imaging requirement now required in the CalWORKs program to include CalFresh program.
(Died in Senate Human Services Committee)

SB 1162* (Runner-R) Animal control: tranquilizers

Allows an animal control or humane officer to administer a tranquilizer when under the direct or indirect supervision of, and trained by, a veterinarian. Double-jointed with SB 1500 (Lieu-D), Chapter 598, Statutes of 2012.
Chapter 594, Statutes of 2012

SB 1185 (Price-D) Centralized Intelligence Partnership Act: operations

Creates a multiagency partnership consisting of specified state entities, to be known as the Centralized Intelligence Partnership, to collaborate in combating illegal underground operations.
(Died in Assembly Appropriations Committee)

SB 1254 (La Malfa-R) Custodial officers: Trinity and Yuba Counties

Grants to Trinity and Yuba Counties the authority currently granted to several other counties to employ "custodial deputy sheriffs" who are "employed to perform duties exclusively or initially relating to custodial assignments," pursuant to Penal Code Section 830.1(c).
Chapter 66, Statutes of 2012

SB 1261 (Vargas-D) Department of Justice

Requires the Attorney General to maintain a minimum of 190 special agents within the Bureau of Narcotic Enforcement, and a minimum of 90 special agents in the Bureau of Investigation and Intelligence. Deletes the existing allocation to the General Fund from the proceeds of asset forfeitures from drug-related cases and redirects the funds to the Department of Justice to be continuously appropriated to fund the efforts of special agents to investigate and enforce laws related to narcotics.
(Died in Senate Appropriations Committee)

SB 1300 (Alquist-D) Interrogation: electronic recordation

Requires the electronic recordation of custodial interrogations of individuals suspected of serious or violent felonies and sets forth exceptions and remedies to that requirement. Requires compliance with the electronic recording requirement to be monitored by the Judicial Council and the Department of Justice.
(Died in Senate Appropriations Committee)

SB 1307 (Cannella-R) California Criminal Gang Register

Requires the Department of Justice to establish and maintain the California Criminal Gang Register, a registry of persons convicted of gang offenses to be organized by county of conviction.
(Died in Senate Appropriations Committee)

SB 1330 (Simitian-D) License plate recognition technology

Places restrictions on the use of license plate recognition technology by private entities, including restrictions on the retention, use, and sale of such data.
(Died on Senate Inactive File)

SB 1343 (Emmerson-R) Postrelease community supervision

Requires a county agency implementing postrelease supervision to notify all relevant local law enforcement agencies of the person's residence in the area and to ensure that local summary criminal history information is available to all local law enforcement officers.
(Died in Senate Rules Committee)

SB 1351* (Rubio-D) Local correctional peace officers

Clarifies that the definition of local correctional officer, as specified, includes peace officers employed by a city, county, or city and county which operates a local community correctional facility under contract with public agencies other than the Department of Corrections and Rehabilitation, as specified, who have the authority and responsibility for maintaining custody of inmates sentenced to or housed in that facility, and who perform tasks related to the operation of that facility.
Chapter 68, Statutes of 2012

SB 1353 (Hernandez-D) Peace officer records

Provides that the existing prohibition of disclosing information of an officer personnel record does not apply to investigations or proceedings concerning civil rights violations investigated by the Attorney General's Office or the criminal misconduct of peace officers or custodial officers conducted by a grand jury, district attorney's office, or the Attorney General's Office.
(Died in Senate Public Safety Committee)

SB 1434 (Leno-D) Warrants: location information

Requires a government entity to get a search warrant in order to obtain the location information of an electronic device.
Vetoed

SB 1462 (Leno-D) County sheriffs: release of prisoners: medical release

Authorizes a sheriff to release a prisoner from a county jail after conferring with a jail physician if the sheriff determines the prisoner would not reasonably pose a threat to public safety and the prisoner is deemed to have a life expectancy of six months or less.
Chapter 837, Statutes of 2012

SB 1466 (De León-D) Peace officers: City of Los Angeles

Transfers control over the authorization of peace officer status for officers employed by the Department of General Services of the City of Los Angeles from the Department of General Services to the Los Angeles Police Department.
Chapter 795, Statutes of 2012
A similar bill was AB 1763 (Davis-D) which died in Senate Rules Committee.

SB 1474 (Hancock-D) Grand jury proceedings

Allows the Attorney General to convene a statewide grand jury in cases of theft or fraud where the same actor or actors committed the offenses in multiple counties.
Chapter 568, Statutes of 2012

SB 1536 (Leno-D) Detained persons: strip or body cavity search

Prohibits a person, as specified, who has been arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, from being confined in the general jail population unless specified circumstances are met.
(Died in Senate Appropriations Committee)

SCR 22 (Correa-D) California Peace Officers' Memorial Day

Designates 5/2/11 as California Peace Officers' Memorial Day and urges all Californians to use that day to honor California peace officers.
(Died in Assembly Rules Committee)

SCR 50 (Fuller-R) Deputy Daniel Lee Archuleta Memorial Interchange

Designates the interchange of State Highway Route (SR) 99 and SR 119 as the "Deputy Daniel Lee Archuleta Memorial Highway."
Resolution Chapter 86, Statutes of 2012

SCR 53 (Evans-D) CHP Officer Paul C. Jarske Memorial Highway

Designates a specified portion of State Highway Route 101, in the County of Mendocino, as the "CHP Officer Paul C. Jarske Memorial Highway."
(Died in Senate Transportation and Housing Committee)

SCR 60 (DeSaulnier-D) California Teen Safe Driving Week

Declares the first week of April 2012 and that week every year thereafter, be declared as California Teen Safe Driving Week to correspond with the National Distracted Driving Awareness Month. Provides that the state will observe the week with appropriate activities that promote the practice of safe driving among teenage drivers.
Resolution Chapter 10, Statutes of 2012

SCR 78 (La Malfa-R) Highways: memorial designations

Names five transportation facilities throughout the state in honor of those who gave their lives in service as peace officers or members of the United States military.
Resolution Chapter 88, Statutes of 2012

SCR 86 (Correa-D) California Peace Officers' Memorial Day

Designates 5/7/12 as California Peace Officers' Memorial Day.
Resolution Chapter 48, Statutes of 2012

SCR 100 (Liu-D) California Bullying Prevention Day

Declares 12/12/12, as California Bullying Prevention Day, and recognizes the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of bullying prevention in California.
Resolution Chapter 119, Statutes of 2012

AB 163 (Jeffries-R) Background check: Department of Forestry and Fire Protection

Subjects an applicant for employment with the Department of Forestry and Fire Protection or the Board of Forestry to criminal background checks, including convictions and arrests, to determine whether the applicant is eligible for employment.
(Died in Assembly Natural Resources Committee)

AB 168 (Gorell-R) Local Safety and Protection Account: appropriation

Appropriates $506.4 million from the General Fund to be deposited in the Local Safety and Protection Account.
(Died in Assembly Public Safety Committee)

AB 192* (Logue-R) Law enforcement

Provides for an annual transfer of $500 million from the General Fund to the Local Safety and Protection Account.
(Died in Assembly Revenue and Taxation Committee)

AB 308 (Ammiano-D) Criminal investigations

Requires, by 1/1/13, the Department of Justice in consultation with the Commission on Peace Officer Standards and Training and other specified entities, to develop guidelines for policies and procedures, with respect to the collection and handling of eyewitness evidence in criminal investigations by all law enforcement agencies.
(Died in Senate Appropriations Committee)

AB 388 (Roger Hernández-D) Criminal procedure: search warrants

Establishes rules regarding tracking device search warrants.
(Died in Assembly Public Safety Committee)

AB 489 (Cook-R) Commission on Peace Officer Standards and Training

Re-establishes the Commission on Peace Officer Standards and Training to reclaim responsibility for developing and monitoring training for correctional peace officers from the Corrections Standards Authority, which assumed this responsibility following the reorganization of the Department of Corrections and Rehabilitation in 2005.
(Died in Assembly Appropriations Committee)

AB 526 (Dickinson-D) Board of State and Community Corrections

Adds the following duties for the Board of State and Community Corrections which, as of 7/1/13, will succeed the Corrections Standards Authority: (1) identify common purpose delinquency and gang intervention and prevention grants for the purpose of consolidation, as specified; (2) develop incentives for local government to develop comprehensive regional partnerships, as specified; and (3) develop, by 1/1/14, funding allocation policies to ensure that within three years no less than 70% of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices.
Chapter 850, Statutes of 2012

AB 666 (Jeffries-R) Riverside County: Sheriff's Department

Authorizes the special death benefit to be payable if the deceased was a Riverside County Sheriff's Department Correctional Deputy or a Correctional Corporal, if his/her death occurred as a direct result of injury arising out of and in the course of his/her official duties with the Riverside County Sheriff's Department, and if there was a qualifying survivor.
(Died in Senate Public Employment and Retirement Committee)
A similar bill was AB 2437 (Jeffries-R) which died in Assembly Public Employment, Retirement and Social Security Committee.

AB 701 (Wagner-R) Missing persons: mobile telephone location

Authorizes a peace officer to require a mobile telephony service carrier to provide the location of a mobile communication device, with a global positioning system, where the subscriber for the mobile telephony service has authorized the carrier to provide the requested information to a peace officer, where a missing person report has been filed for an at-risk child or elder.
(Died in Assembly Public Safety Committee)

AB 801 (Swanson-D) Code enforcement officers: training

Establishes minimum training standards and a continuing education requirement for code enforcement officers.
Chapter 298, Statutes of 2012

AB 811 (Hall-D) Private Patrol Operators: firearms

Establishes procedures allowing Private Patrol Operators to own firearms and to assign those firearms to employees of the Private Patrol Operators who are licensed security guards.
(Died in Assembly Public Safety Committee)

AB 829 (Knight-R) Peace officers: firearms

Expands the authority of law enforcement agencies to issue identification and concealed weapons permits to honorably retired peace officers.
(Failed passage in Assembly Public Safety Committee)

AB 911 (Ma-D) Police protection districts

Allows police protection districts to treat violations of rules, regulation, or ordinances as either misdemeanors or infractions.
(Died in Senate Governance and Finance Committee)

AB 1081 (Ammiano-D) Federal immigration policy enforcement

Prohibits law enforcement officials from detaining an individual based on an immigration hold when the individual is otherwise eligible for release from criminal custody, unless specified conditions are met.
Vetoed

AB 1377 (Butler-D) Peace officers: airport law enforcement

Places an airport law enforcement officer regularly employed by the Los Angeles World Airports, within a different category of peace officers, whose authority extends to any place within California without restrictions on arrest powers, and authority to carry specified firearms.
(Died in Assembly Appropriations Committee)

AB 1477 (Assembly Budget Committee) California Police Activities League: Budget Trailer Bill

Amends the 2012-13 Budget Act, adopted on 6/15/12 in AB 1464 (Blumenfield), Chapter 21, Statutes of 2012, which, among other provisions, appropriates $123,000 to the California Police Activities League to fund programs and services. The resources for this appropriation were collected pursuant to a check-off contribution option placed on the personal income tax return.
Chapter 630, Statutes of 2012

AB 1497 (Assembly Budget Committee) Department of Justice: Budget Trailer Bill

Enacts the "Budget Bill Junior" to appropriate $18 million to the Department of Justice for programs related to helping individuals impacted by the National Mortgage Settlement.
Chapter 29, Statutes of 2012 -- Item Veto

AB 1643 (Dickinson-D) Police security officers

Expands the authority of the Sacramento County Sheriff and the Chief of Police of the City of Sacramento to hire sheriffs or police security officers for the purpose of protecting any properties owned, operated, or administered by any public agency, privately owned company, or nonprofit entity contracting for security services from the City or County of Sacramento, whose primary business supports national defense, or whose facility is qualified as a national critical infrastructure under federal law or by a federal agency, or that stores or manufactures material that, if stolen, vandalized, or otherwise compromised, may compromise national security or pose a danger to residents within the County of Sacramento. Requires that any such contract must provide for full reimbursement to the City or County of Sacramento of the actual costs of providing those services, as determined by the county auditor or auditor-controller, or by the city.
Chapter 48, Statutes of 2012

AB 1763 (Davis-D) Peace officers: City of Los Angeles

Confers peace officer status, as specified, on a peace officer of the Department of General Services of the City of Los Angeles who was transferred to the Los Angeles Police Department and designated by the Los Angeles Chief of Police, if the primary duties of such officers is protection of property owned or operated by the City. Specifies required firearms training for these officers. Deletes current provisions of law prohibiting certain peace officers from being authorized to carry firearms off duty.
(Died in Senate Rules Committee)
A similar bill is SB 1466 (De Leon-D), Chapter 795, Statutes of 2012.

AB 1831 (Dickinson-D) Criminal background: hiring practices

Prohibits a county or city from inquiring about or considering a job applicant's criminal background history until after determining an applicant's qualifications.
(Died in Senate Governance and Finance Committee)

AB 1955 (Block-D) Campus law enforcement and student liaison

Requires the California State University Trustees, and requests the University of California Regents, to designate an individual at each of its respective campuses to serve as a liaison between campus law enforcement agencies and students exercising constitutionally guaranteed rights.
Chapter 581, Statutes of 2012

AB 1968 (Wieckowski-D) Peace officers: arming probation officers

Provides that any probation officer or deputy probation officer is authorized to carry firearms, but only as determined by the chief probation officer on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the chief probation officer.
Vetoed

AB 1993 (Ma-D) Peace officers: towing and impoundment

Prohibits a peace officer from impounding a vehicle driven by a person who does not have a valid driver's license but whose license is not suspended or revoked.
(Died in Senate Transportation and Housing Committee)

AB 2016 (Gorell-R) Electronic monitoring

Prohibits a person from willfully removing or disabling an electronic, global positioning system or other monitoring device affixed to his/her person or the person of another, knowing that the device was affixed as a condition of a criminal sentence, juvenile court disposition, parole, probation, post-release community supervision or mandatory supervision.
(Died in Assembly Public Safety Committee)

AB 2055 (Fuentes-D) Search warrants: tracking devices

Requires a warrant for information received from the use of a tracking device.
Chapter 818, Statutes of 2012

AB 2069 (Solorio-D) Peace officer benefits: workers' compensation

Extends scholarship and health benefits to the children and spouses of a Sheriffs Special Officer of the County of Orange to receive educational scholarships and health benefits should he/she die or be totally disabled in the line of duty.
Chapter 819, Statutes of 2012

AB 2130 (Gorell-R) Military police officers

Authorizes the Commission on Peace Officer Standards and Training (POST) to evaluate pertinent military police officer training previously completed by any jurisdiction's law enforcement officers for the purpose of determining whether the training meets the current training requirements prescribed by the Commission and authorizes POST to consider previous military police officer training as part of the Commission's basic course waiver process.
(Died in Senate Appropriations Committee)

AB 2137 (Bradford-D) Airport law enforcement

Places Los Angeles World Airports peace officers within the top category of peace officers (Penal Code Section 830.1, rather than 830.33) whose authority extends to any place within California without restrictions on arrest powers and authority to carry specified firearms.
(Died in Assembly Appropriations Committee)

AB 2194* (Beth Gaines-R) Humane officers

Adds clarifying language enabling the Department of Justice to perform a federal-level criminal offender record information check on a humane officer applicant.
Chapter 143, Statutes of 2012

AB 2222 (Block-D) Criminal history records

Provides that a public prosecutor is not prohibited from accessing and obtaining information from the public prosecutor's case management database to respond to a request for publicly disclosable information pursuant to the California Public Records Act.
Chapter 84, Statutes of 2012

AB 2284 (Chesbro-D) Law enforcement: irrigation

Allows a peace officer to stop a person with irrigation supplies on a rock or unpaved road on specified public or forestry land, and creates civil penalties for cultivating a controlled substance on public lands.
Chapter 390, Statutes of 2012

AB 2285 (Eng-D) Peace officer testing: cheating

Provides that a peace officer trainee, as defined, who, based on investigative findings by the Commission on Peace Officer Standards and Training, knowingly cheats, assists in cheating, or aids, abets, or knowingly conceals efforts by others to cheat in any manner on a basic course examination mandated by the Commission shall be liable for a civil fine of not more than $1,000 per occurrence.
Chapter 372, Statutes of 2012

AB 2298 (Solorio-D) Public safety employees: accidents

Prohibits an insurer from increasing auto insurance premiums for a peace officer, member of the California Highway Patrol or firefighter if that individual was involved in an accident while operating his/her private motor vehicle while in the performance of his/her duty, and provides that the employer will assume all liability that results from such an accident.
Chapter 823, Statutes of 2012

AB 2299 (Feuer-D) Public safety officials: property records

Authorizes a county board of supervisors to establish a program that redacts public safety officials' names from property records, at the official's request.
(Died in Senate Governance and Finance Committee)

AB 2306 (Donnelly-R) California Emergency Services Act: border security

Adds "border security" to the list of conditions that are named in the California Emergency Services Act that may be cited to support the proclamation of a state of emergency or local emergency.
(Failed passage in Senate Governmental Organization Committee)

AB 2343 (Torres-D) Criminal history information

Makes changes to the law regarding background checks to allow California to participate in the FBI subsequent arrest program which is being created and to allow the Attorney General to distribute disposition information as a follow-up to subsequent arrest information that has been sent to an entity that had requested a background check.
Chapter 256, Statutes of 2012

AB 2366 (Eng-D) Parking control officers: vehicles: equipment violations

Increases the cost of a fix-it ticket issued on a parking ticket from $10 to $25.
Vetoed

AB 2437 (Jeffries-R) Riverside County: Sheriff's Department

Authorizes the special death benefit to be payable if the deceased was a Riverside County Sheriff's Department Correctional Deputy or a Correctional Corporal, if his/her death occurred as a direct result of injury arising out of and in the course of his/her official duties with the Riverside County Sheriff's Department, and if there was a qualifying survivor.
(Died in Assembly Public Employment, Retirement and Social Security Committee)
A similar bill was AB 666 (Jeffries-R) which died in Senate Public Employment and Retirement Committee.

AB 2451 (John A. Pérez-D) Peace officers: workers' compensation

Provides that certain proceedings related to the collection of death benefits of firefighters and peace officers may be commenced within, but no later than, 480 weeks from the date of injury, and in no event more than one year after the date of death, if specified criteria are met.
Vetoed

AB 2454 (Pan-D) Law enforcement: electronic reports

Authorizes, at the discretion of the local law enforcement agency, a report that is required or authorized by the Penal Code, which is required to be submitted to a local law enforcement agency by mail, to be submitted by a secure electronic mail message.
(Died in Assembly Public Safety Committee)

AB 2464 (Gatto-D) Safety: professional sports facilities

Requires owners of professional sports facilities to post notices of emergency contact information.
Chapter 261, Statutes of 2012

AB 2483 (Blumenfield-D) Victims of stalking: address confidentiality

Removes the requirement that victims alleging stalking as the basis of their eligibility for the address confidentiality program provide specific attached evidence to the application. Makes the inclusion of specific evidence in these applications permissive.
Chapter 102, Statutes of 2012

AB 2543 (Alejo-D) Peace officer bill of rights: "Brady lists"

Provides that no punitive action, or denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer because that officer's name has been placed on a Brady list, or that the officer's name may otherwise be subject to disclosure pursuant to Brady v. Maryland.
(Died in Senate Public Safety Committee)

AB 2549 (Hall-D) Law enforcement officers: possession of assault weapons

Allows a peace officer who purchases an assault weapon with his/her own money to keep that firearm upon retirement.
(Failed passage in Senate Public Safety Committee)

AB 2571 (Silva-R) Maritime Police Officer Standards Training Act

Requires every peace officer assigned to a jurisdiction that includes a waterborne environment to complete a Peace Officer Standards and Training course in basic maritime law for law enforcement officers, as a condition of receiving specified state aid.
(Died in Assembly Appropriations Committee)

AB 2623 (Allen-D) Peace officers: state hospitals

Requires the Department of State Hospitals and the Department of Developmental Services to develop a policy for the arming of hospital peace officers. Requires that the policy be developed by 6/30/13, and implemented by 1/1/14.
Vetoed

AB 2642 (Furutani-D) Peace officers: training

Requires that the standard course of training for law enforcement officers include adequate consideration of cultural competency in regard to race, ethnicity, gender, and sexual orientation.
(Died in Assembly Public Safety Committee)

AB 2660 (Solorio-D) Law enforcement: vehicles: side window tinting

Allows a public agency to own and operate a law enforcement vehicle on which tinting or glazing materials covers the front side windows.
Chapter 171, Statutes of 2012

ACR 101 (Lara-D) Teen Dating Violence Awareness and Prevention Month

Proclaims the month of February 2012 as Teen Dating Violence Awareness and Prevention Month, supports communities to empower teens to develop healthy and violence-free relationships throughout their lives; and calls upon Californians to observe the month with programs and activities that raise awareness about the dynamics of teen dating violence and support young people in learning the skills to have safe and healthy relationships.
Resolution Chapter 81, Statutes of 2012

ACR 117 (Achadjian-R) Highway Patrol Officer Brett J. Oswald Memorial Interchange

Designates the interchange of Highway State Route (SR) 101 and SR 46 East, and any subsequent interchange constructed to replace that interchange, in the City of Paso Robles as the California Highway Patrol Officer Brett J. Oswald Memorial Interchange.
Resolution Chapter 63, Statutes of 2012

ACR 130 (Torres-D) California Public Safety Telecommunicators Week

Designates the second week in April as California Public Safety Telecommunicators Week to heighten awareness of the importance of 911 service and its role in keeping the public safe; and, encourages the private sector and state and local agencies during that week to initiate activities recognizing public safety telecommunicators.
Resolution Chapter 26, Statutes of 2012

ACR 135 (Bradford-D) Hawthorne Police Officer Andrew Garton Memorial Highway

Designates a specified portion of State Highway Route 405 in the County of Los Angeles as the Hawthorne Police Officer Andrew Garton Memorial Highway.
(Died in Assembly Transportation Committee)

Family Law

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SB 254 (Harman-R) Marriage: putative spouses

Prohibits the court from making specified declarations or orders, relative to a marriage, unless the party or parties that believed in good faith, that the marriage was valid, requests the court to do so.
(Died in Senate Judiciary Committee)

SB 261 (Harman-R) Child custody: deceased parent

Specifies that a court, in the event of the death of a parent, retains jurisdiction to make any orders required to affect the right of a parent to custody and prescribes notice requirements in this regard.
(Died in Senate Judiciary Committee)

SB 375 (Wright-D) Family law: paternity

Authorizes a presumed father to file a motion for genetic tests within two years after he becomes aware of facts that lead him to reasonably believe that he may not be the biological father of the child.
(Died in Senate Judiciary Committee)

SB 377 (Wright-D) Family law: paternity

Invalidates a voluntary declaration of paternity that is signed by a minor parent, if it is not also signed by the parent or guardian of a minor parent. Requires the Department of Child Support Services to provide the oral and written information relating to the voluntary declaration of paternity to the parent or guardian of a minor parent.
(Died in Senate Judiciary Committee)

SB 481 (Wright-D) Spousal support

Requires the court to consider the extent to which income for support was already capitalized and paid to the other spouse in the division of community property, in order to avoid double-counting the income, when the result is inequitable.
(Died in Senate Judiciary Committee)

SB 966 (Strickland-R) Family law: spousal support

Expands provisions of existing law relative to attempting to murder a spouse to also apply when a spouse is convicted of a specified violent sexual felony against the other spouse. Entitles an injured spouse under these provisions to a prohibition of attorney's fees from the injured spouse to the convicted spouse.
(Died in Senate Judiciary Committee)

SB 991 (Runner-R) Marriage: solemnization

Adds county supervisors to the list of individuals authorized to perform marriages.
Chapter 63, Statutes of 2012

SB 1064 (De León-D) Child custody: immigration

Provides family and custodial protections for children of immigrant families.
Chapter 845, Statutes of 2012

SB 1140 (Leno-D) Family law: marriage

Provides that marriage is a personal relation arising out of a civil, and not religious, contract. Specifies that no priest, minister, rabbi, or authorized person of any religious denomination would be required to solemnize a marriage that is contrary to the tenets of his/her faith. States that any refusal to solemnize a marriage under this provision, either by an individual or by a religious denomination would not affect the tax exempt status of any entity.
Chapter 834, Statutes of 2012

SB 1206 (Walters-R) Child abduction prevention: passport

Prohibits parents in a dissolution proceeding from applying for a passport or replacement passport for the minor child or children without prior written consent from the other parent or a court order, and allows a court to order the freezing of certain assets when it issues a protective custody warrant for a child.
Chapter 276, Statutes of 2012

SB 1260 (Wright-D) Family law: paternity

Allows a parent, child, or local child protective services agency to bring a motion to set aside or vacate a voluntary declaration of paternity based on fraud, duress, or material mistake of fact within two years of the date the party bringing the motion knew or should have known that the man who signed the declaration was not the biological father.
(Died in Senate Judiciary Committee)

SB 1425* (Negrete McLeod-D) Juveniles: dependent children

Prohibits a court from granting a hearing to modify a denial of reunification services, or a change in a custody or visitation order, for parents whose children were removed for extreme physical abuse, sexual abuse, or because the parent caused the death of another child, as specified, unless it appears that the best interest of the child would be promoted by the proposed change in order.
Chapter 179, Statutes of 2012

SB 1476 (Leno-D) Family law: parentage

Permits a court, in appropriate cases, to find that a child has more than two legal parents. Double-jointed with SB 1064 (De Leon-D), Chapter 845, Statutes of 2012.
Vetoed

AB 198 (Beall-D) Adoption: fingerprinting of adoptive parents

Requires the Department of Social Services, the county social services department, or a licensed adoption agency or foster family agency, to require each foster-to-adoption applicant, as defined, to submit fingerprint images and related information to the Department of Justice for purposes of conducting a criminal records check that shall apply to both an approval for adoption and licensure as a foster family home or certified family home of a licensed foster family agency.
(Died in Assembly Human Services Committee)

AB 225 (Nielsen-R) Child custody: ex parte orders

Requires that a party seeking an ex parte order in a child custody case to notify all parties at least one court day before the matter is to be heard.
(Died in Senate Judiciary Committee)

AB 993 (Wagner-R) Mediation and counseling services

Specifies that a mediator and a licensed mental health professional are not liable for damages for an act or omission, constituting ordinary negligence that occurs on or after 1/1/12, during the performance of child custody mediation and counseling services.
(Died in Assembly Judiciary Committee)

AB 1217 (Fuentes-D) Family law: assisted reproduction

Amends the Uniform Parentage Act to require a surrogate mother and the intended parent(s), each represented by independent counsel, to execute a notarized or witnessed surrogacy agreement before the mother can begin medicate for assisted reproduction.
Chapter 466, Statutes of 2012

AB 1337 (Alejo-D) Parent and child relationship

Requires, in an action to determine paternity where one parent has died and there are no existing orders or pending actions involving custody or guardianship before the court, notice of the proceeding be given to, as specified, the child's relatives within the second degree, and to any other person(s) having physical custody of the child.
Chapter 155, Statutes of 2012

AB 1406 (Assembly Judiciary Committee) Dissolution of marriage: disclosure

Provides a specified timeframe for serving mandatory disclosure declarations in a dissolution proceeding.
Chapter 107, Statutes of 2012

AB 1522 (Atkins-D) Family law: monetary awards

Prohibits awards of spousal support, medical, life or other insurance benefits, attorney's fees as specified, or any community property interest in the injured spouses retirement, pension, or insurance benefits to individuals convicted of violent sexual felonies against their spouses. Requires a court, in dissolution proceedings, to award attorney's fees and costs to an injured spouse, as defined.
Chapter 718, Statutes of 2012

AB 1674 (Ma-D) Child custody: visitation

Provides that in any case in which the court has determined that there is domestic violence, child abuse, or neglect, and supervision is necessary, the court shall consider whether to use a professional or nonprofessional provider based upon the child's best interest. Establishes criteria for professional and/or nonprofessional providers, unless stipulated to by the parties or ordered by the court.
Chapter 692, Statutes of 2012

AB 1727 (Silva-R) Support orders: termination

Allows a support obligor to seek ex parte relief to terminate a wage assignment for support if past due support has been paid in full, including any interest due, if specified conditions exist.
Chapter 77, Statutes of 2012

AB 1751 (Pan-D) Child support: access to information

Authorizes county welfare and probation agencies to obtain identifying and contact information for parents of children subject to juvenile court proceedings from the California Parent Locator Service in order to identify, notify, and assess noncustodial parents for the placement of dependent children.
Chapter 637, Statutes of 2012

AB 1757 (Fletcher-I) Family law: adoption

Makes several changes to the adoption process and adoptive placement consideration.
Chapter 638, Statutes of 2012

AB 1764 (Roger Hernández-D) Private adoption agencies

Specifies that existing law is not to be interpreted to require an executive director or supervisor of a private adoption agency to be licensed as a clinical social worker, provided the individual meets the requisite years of experience in social work employment and adoption social work services.
(Died in Assembly Human Services Committee)

AB 1807 (Cook-R) Family law: child custody

Provides that a court may not order a child custody evaluation unless the party opposing the reversion of the custody order makes a prima facie showing that such reversion is not in the best interest of the child. Provides that neither a child's absence from the state nor the non-deploying party's relocation during a parent's deployment would terminate the family court's jurisdiction for later custody modifications. States legislative intent that courts prioritize family law cases with a servicemember parent to ensure that parties who serve in the military are not penalized for their service by a delay in appropriate access to their children.
Chapter 116, Statutes of 2012

AB 2228 (Hayashi-D) Family justice centers

Requires the county mental health programs for children and for adults and seniors to include services that address the needs of crime victims who seek services at a family justice center, if the county has a family justice center, thereby, imposing a state-mandated local program. Declares that it is consistent with and furthers the intent of the Mental Health Services Act.
(Died in Assembly Health Committee)

AB 2335 (Nielsen-R) Decedents' estates

Requires that the highest priority relative to a decedents' estate for a family allowance is to provide for minor children of the decedent.
(Died in Assembly Judiciary Committee)

AB 2365 (Nestande-R) Family law: child custody

Requires courts, in determining the best interest of a child in custody proceedings, to consider either parent's continual or habitual abuse of prescribed controlled substances. Removes the 1/1/13 sunset date on the law which authorizes a court to order a person seeking custody of a child to undergo drug or alcohol testing, as specified.
Chapter 258, Statutes of 2012

AB 2393 (Davis-D) Family law: child support formula

Increases, until 1/1/18, the net disposable income threshold to $1,500 per month and requires this threshold to be adjusted annually for cost-of-living increase. Requires the Judicial Council, on 3/1/13, and annually thereafter until 1/1/18, to determine the adjustment amount based on the change in the annual California Consumer Price Index, as specified.
Chapter 646, Statutes of 2012

AB 2661 (Morrell-R) Marriage: dissolution: disclosures

Provides that from the date of separation to the date of entry of a judgment for child or spousal support, each party is subject to those standards as to all issues relating to the support, including immediate, full, and accurate disclosure of all material facts and information regarding the income or expenses of the party. Suspends the duty to meet those standards upon entry of a judgment for permanent support, but reinstate those duties upon the filing and service of a motion relating to child or spousal support until that motion is resolved.
(Died in Assembly Judiciary Committee)

AB 2689 (Assembly Judiciary Committee) Family law: child custody

Eliminates the requirement in existing law that the court consider a child's attorney's statement of issues and contentions when the court determines custody or visitation.
(Died in Senate Judiciary Committee)

ACR 21 (Davis-D) Family law: Child Support Awareness Month

Makes findings regarding California's child support services program and the importance of child support to children and families, and declares August 2012 as Child Support Awareness Month.
Resolution Chapter 127, Statutes of 2012

Civil Law

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SB 273 (Harman-R) Multiple-party accounts

Bases a party's ownership interest in a multiple-party account on the proportion of the party's net contributions to the account.
(Died in Senate Judiciary Committee)
A similar bill is AB 1624 (Gatto-D) Chapter 235, Statutes of 2012.

SB 491 (Evans-D) Class action suits

Promotes and protects class action rights and similar joinder of claims.
(Failed passage in Assembly Judiciary Committee)

SB 558 (Simitian-D) Elder and dependent adults: damages

Changes the evidentiary standard of proof for elder and dependent abuse or neglect cases from clear and convincing to preponderance of the evidence. Clarifies that punitive damages may not be imposed against an employer unless the requirements for other civil case exemplary damages against employers are satisfied; this requirement would not apply to the recovery of compensatory damages or attorney's fees and costs.
(Died in Assembly Appropriations Committee)

SB 592 (Harman-R) Dairy cattle supply liens

Updates and modifies procedures in the state's dairy cattle supply lien law to provide more certainty to a dairy creditor on obtaining a lien on the proceeds of a dairy's milk products, for contracts entered into after 1/1/13.
Chapter 309, Statutes of 2012

SB 603 (Berryhill-R) Frivolous litigation: sanctions

Expands the applicability of California's vexatious litigant statute to include plaintiffs represented by counsel.
(Died in Senate Judiciary Committee)

SB 652* (Steinberg-D) Relocation agreements: professional sports teams

Provides that a professional sports team that has previously entered into a financial agreement with a "home public entity" shall not enter into a relocation agreement unless it first gives the home public entity a bond, undertaking, or deposit in an amount adequate to ensure that all of its obligations under the financial agreement will be satisfied.
(Died on Senate Inactive File)

SB 825 (Corbett-D) Residential tenancies responsibilities: foreclosures

Maintains existing law for six years with respect to notifying tenants of rights when rental property is sold in foreclosure.
Chapter 210, Statutes of 2012

SB 999 (La Malfa-R) Statute of limitations: invasion of privacy

Provides that a claim seeking damages, injunctive relief, or both for the unauthorized commercial use of a person's name, signature, photograph, or likeness on an Internet Web site may be brought at any time.
(Died in Senate Judiciary Committee)

SB 1045 (Emmerson-R) Metal theft: damages

Provides that any junk dealer or recycler who possesses a fire hydrant, a fire department connection, as specified, or a backflow device or connection to that device or part of that device without a prescribed written certification, from the agency or utility owning or previously owning the material is liable to the agency or utility for the wrongful possession of that material.
Chapter 393, Statutes of 2012

SB 1069 (Corbett-D) Civil law: deficiency judgments: mortgages

Prohibits a lender from receiving a deficiency judgment for any loan, refinance, or other credit transaction that is used to refinance a purchase money loan, applies only to credit transactions occurring on or after 1/1/13, and does not apply to the principal amount of any new advance, as specified.
Chapter 64, Statutes of 2012

SB 1134 (Yee-D) Immunity: psychotherapist duty

Deletes from the immunity from monetary liability statute concerning a psychotherapist's "duty to warn and protect" of threatened violent behavior of a patient the phrase "duty to warn" thus keeping the term "duty to protect", as specified.
Chapter 149, Statutes of 2012

SB 1163* (Walters-R) Liability: special access

Imposes pre-litigation procedural requirements upon the filing of any claim under the state's civil rights and equal access to public or housing accommodation laws, including claims of violations of the Americans with Disabilities Act in state-owned facilities.
(Failed passage in Senate Judiciary Committee)

SB 1171 (Harman-R) Maintenance of the codes

Makes numerous technical changes in the California codes that have been recommended by the Legislative Counsel.
Chapter 162, Statutes of 2012

SB 1186* (Steinberg-D) Liability: disability access

Specifies that the functions and responsibilities of the California Commission on Disability Access includes the concurrent and prospective review of legislative measures, including this bill, and recommendations on any additional ideas or options to promote disability access and reduce unnecessary litigation.
Chapter 383, Statutes of 2012

SB 1191 (Simitian-D) Disclosure of notice of default: landlord-tenant relations

Requires, until 1/1/18, every landlord who offers for rent a single-family dwelling, or a multifamily dwelling not exceeding four units, and who has received a notice of default that has not been rescinded with respect to a mortgage or deed of trust secured by that property to disclose the notice of default in writing to any prospective tenant prior to executing a lease agreement for the property.
Chapter 566, Statutes of 2012

SB 1193 (Steinberg-D) Public posting requirements: human trafficking

Requires specified businesses most often connected with human trafficking to post informational signs, as specified, at the business entrance or in other areas visible to employees and the public. Provides that these signs, posted in English, Spanish, and any other language widely spoken in the county, will identify trafficking, state its illegality and that victims are protected under U.S. law. Specifies that each sign will provide two toll-free, anonymous hotline numbers for victims or members of the public to call to seek help or report unlawful or suspicious activity.
Chapter 515, Statutes of 2012

SB 1229 (Pavley-D) Real property: rentals: animals

Prohibits a landlord who allows tenants or occupants to have animals on the premises from doing any of the following: (1) advertising the property in a way that discourages individuals from applying because their animal is not declawed or devocalized; (2) refusing to allow, negotiate, or make the property available for occupancy because of a person's refusal to declaw or devocalize an animal; or (3) requiring a tenant or occupant to declaw or devocalize an animal that is allowed on the premises. Permits a city or district attorney, or any other specified law enforcement prosecutorial entity to enforce these provisions and sue for declaratory relief, injunctive relief, or imposition of a civil penalty of $1,000 for every violation.
Chapter 596, Statutes of 2012

SB 1248 (Alquist-D) Civil procedure: contempt: minor victims of sex crime

Requires that a minor who is an alleged victim of a sex crime meet with a victim advocate, as defined, where the minor is under 16 years of age and facing contempt of court for refusing to testify.
Chapter 223, Statutes of 2012

SB 1276 (Wyland-R) Indemnity: design professionals

Limits a design professional's duty to defend a public agency against a negligence claim to reimbursement of defense costs incurred by the public agency that were caused by the design professional's actual negligence.
(Died in Senate Judiciary Committee)

SB 1374 (Harman-R) Liability: reliance on administrative regulations

Provides that any person who relies upon a written order, ruling, approval, interpretation, or enforcement policy of a state agency is not liable or subject to punishment for a violation of a civil statute or regulation in a judicial or administrative proceeding if the person pleads and proves to the trier of fact that, at the time of the alleged act or omission, the person relied upon and met set administrative guidelines and regulations.
(Failed passage in Senate Judiciary Committee)

SB 1472 (Pavley-D) Civil remedies: real property: blight

Removes the sunset date on a statute that permits local governments to fine property owners for failure to maintain certain property and makes other changes relating to the ability of a local enforcement agency to abate nuisances and correct substandard building violations.
(Died on Assembly Inactive File)

SB 1473 (Hancock-D) Foreclosure and unlawful detainer: tenants

Protects residential tenants when their landlord's property is foreclosed upon.
(Died on Assembly Inactive File)

SB 1477 (Anderson-R) Confidential records: name changes

Permits a parent, when specified conditions are satisfied, to change a child's name without informing the other parent of the hearing to change the child's name or even of the changed name itself.
(Died in Assembly Appropriations Committee)

SB 1478 (Harman-R) Civil undertaking: appeals

Places a cap on appeals bonds at $25 million. Provides that where the party posting the appeal bond is an individual or small business, as defined, on the date of the judgment, sets a cap of $1 million.
(Failed passage in Senate Judiciary Committee)

SB 1528 (Steinberg-D) Civil law: medical services: damages

Amends various compensation, lien and subrogation rights to address an issue not addressed in Howell v. Hamilton Meats (2011) 52 Cal.4th 541 or Hanif v. Housing Authority of Yolo County (1988) 200 Cal.App.3d 635 concerning how to establish the value of damages for medical services provided through a capitated healthcare service plan and to maximize the recovery of liens by the Department of Health Care Services and has no other effect on the holding of those cases.
(Failed passage on Assembly Third Reading)

SB 1556 (Anderson-R) Civil procedure: attorney's fees

Authorizes the award of attorney's fee in specified actions involving a public entity both against, and in favor of, public entities unless both parties mutually agree to forego the recovery of attorney's fees, as specified. Entitles a city, county, or city and county that prevails in a civil action that provides for attorney's fees and costs to those reasonable attorney's fees, in addition to other costs, unless the parties stipulate to forego the recovery of attorney's fees.
(Died in Senate Judiciary Committee)

SB 1574 (Senate Judiciary Committee) Civil discovery: electronically stored information

Makes changes to the Civil Discovery Act relating to electronically stored information in order to address several inconsistencies.
Chapter 72, Statutes of 2012

AB 78 (Mendoza-D) Immigrants' rights

Provides that a person without legal authority to reside in the United States but who has continuously resided in California since 1/1/07, shall have the same rights and responsibilities that are afforded to any other legal permanent resident.
(Died in Assembly Judiciary Committee)

AB 158 (Halderman-R) Civil actions: damages

Creates a defense for manufacturers, distributors and sellers that exempts them from punitive damages liabilities, with a narrow exception, as long as they comply with federal or state agency regulations.
(Died in Assembly Judiciary Committee)

AB 265 (Ammiano-D) Unlawful detainer: tenancies

Gives a tenant who has received a three-day notice to quit or pay rent the right to redeem the tenancy after the three-day period has expired by tendering rent due and other fees and costs, as specified.
(Died on Assembly Inactive File)

AB 328 (Smyth-R) Inverse condemnation

Applies the doctrine of comparative fault and existing rules governing a plaintiff's ability to recover post-offer costs to inverse condemnation actions.
(Died in Senate Judiciary Committee)

AB 492 (Galgiani-D) Administrative penalties: public transportation

Allows all public transportation agencies to establish an alternative civil infraction process for specified transit violations committed by an adult. Double-jointed with AB 2247 (B. Lowenthal-D), Chapter 750, Statutes of 2012.
Chapter 366, Statutes of 2012

AB 534 (Swanson-D) Civil rights: homeless persons

Specifies that homeless persons are entitled to the rights set forth under existing law, and provides that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person in the basis of that person's status as a homeless person.
(Died in Assembly Judiciary Committee)

AB 929 (Wieckowski-D) Bankruptcy: debtor exemptions

Revises and expands the set of specific asset exemptions available to bankruptcy debtors (the "703 exemptions") to generally conform to the exemptions under existing law available to all debtors in California seeking to exempt specified property from enforcement of a monetary judgment (the "704 exemptions").
Chapter 678, Statutes of 2012

AB 992 (Nielsen-R) Civil liability: wildfires

Provides that damage caused by an escaping fire, other than an arson fire, shall not be deemed a trespass for purposes of damages for wrongful injuries to timber, trees, or underwood upon the land of another person.
(Died in Assembly Judiciary Committee)

AB 1207 (Furutani-D) Civil actions: limitations: real property development

Provides that the limitation in existing law to recover damage does not apply to an action in tort to recover damages for damage to real or personal property, or for personal injury or wrongful death from exposure to hazardous or toxic materials, pollution, hazardous waste, or associated environmental remediation activities.
(Died in Assembly Judiciary Committee)

AB 1318 (Davis-D) Civil damages

Prohibits a person, in any action to recover damages due to an unlawful strike, from recovering damages resulting from revenue losses caused by the strike or damages resulting from expenses incurred by the employer in anticipation of, or in preparation for, the strike. Defines "unlawful strike" as any strike that has been determined unlawful by a court or the Public Employment Relations Board.
(Died in Assembly Judiciary Committee)

AB 1321 (Wieckowski-D) Money judgments

Allows, effective 7/1/13, a temporary stay on a judgment debtor's wage garnishment pending a court hearing to decide the debtor's exemption claim.
(Died in Assembly Appropriations Committee)

AB 1354 (Huber-D) Civil procedure: discovery objections: privilege logs

Requires that if a party makes an objection based on a claim of privilege or a claim that the information sought is protected work product, the response must include sufficient factual information for other parties to evaluate the merits of that claim and, if necessary, produce a privilege log.
Chapter 232, Statutes of 2012

AB 1405 (Assembly Judiciary Committee) Civil rights

Clarifies the Ralph Civil Rights Act. Finds and declares that Civil Code Section 51.7 was enacted as part of the Ralph Civil Rights Act of 1976, in Chapter 1293, Statutes of 1976.
(Died in Senate Rules Committee)

AB 1481 (Assembly Budget Committee) Civil cases: juries: Budget Trailer Bill

Clarifies that at least one party demanding a jury on each side of a civil case shall pay a non-refundable fee of $150, and that all plaintiffs shall be considered one side of the case, and specifies that the fee shall be due at least five days before the trial date for unlawful detainer actions, and makes other nonsubstantive clarifying changes related to the jury deposit fee.
Chapter 342, Statutes of 2012

AB 1511 (Bradford-D) Real property: transmission pipeline disclosure

Requires real estate sales contracts to include a specified notice informing purchasers of residential property about the existence of a database where information regarding gas and hazardous liquid transmission pipelines can be obtained.
Chapter 91, Statutes of 2012

AB 1558 (Eng-D) Liability: flood control and water conservation facilities

Removes the sunset date of 1/1/13, from existing law, which provides a conditional immunity from liability for a public agency, and its employees, operating flood control and water conservation facilities for injuries caused by the condition or use of unlined flood control channels or adjacent groundwater recharge spreading grounds.
Chapter 110, Statutes of 2012

AB 1582 (Wagner-R) Civil actions: telephone appearances

Requires a court to permit a telephonic appearance by parties and their attorneys and expands the types of hearings, conferences, and proceedings where those telephonic appearances must be permitted by the court.
(Died in Assembly Judiciary Committee)

AB 1610 (Wagner-R) Liability: special access

Establishes notice requirements for an alleged aggrieved party to follow before bringing an action against a business for an alleged violation of existing special access for disabled persons.
(Died in Assembly Judiciary Committee)

AB 1624 (Gatto-D) Multiple-party accounts

Provides that funds in a multiple-party account belong to each party to the account in proportion to the net contributions of each party, and any right of survivorship to the funds is eliminated with respect to the funds withdrawn to the extent of the withdrawing party's net contribution to the account. Clarifies the ownership interest of parties in withdrawals made in excess of a withdrawing party's net contribution.
Chapter 235, Statutes of 2012
A similar bill was SB 273 (Harman-R) which died in Senate Judiciary Committee.

AB 1631 (Monning-D) Arbitration: legal representation

Removes the sunset date on existing law allowing an out-of-state attorney to represent a party in an arbitration proceeding in this state or to render legal services in this state in connection with an out-of-state arbitration proceeding (referred to as the Out of State Attorney Arbitration Counsel Program).
Chapter 53, Statutes of 2012

AB 1670 (Lara-D) Estates: administration

Authorizes, until 1/1/16, the court appointment of an administrator nominated by a non-U.S. resident beneficiary to administer a decedent's estate.
Chapter 635, Statutes of 2012

AB 1679 (Bonilla-D) Landlord-tenant relations: security deposits

Specifies that either a residential landlord or tenant provides notice to terminate the tenancy, allows the landlord and tenant to agree to (1) have the landlord deposit the remaining portion of a tenant's security deposit electronically into a bank account, and (2) have the landlord provide a copy of specified documents to an e-mail account provided by the tenant. Double-jointed with AB 2521 (Blumenfield-D), Chapter 560, Statutes of 2012.
Chapter 557, Statutes of 2012

AB 1683 (Hagman-R) Revocable trusts

Provides that the power of a person other than the settlor (person creating the trust) to revoke a trust applies to all or a portion of the trust contributed by the settlor, regardless of whether the settlor's portion was separate or community property, and regardless of whether the power to revoke is exercisable during the lifetime of the settlor or continues after the settlor's death, or both.
Chapter 55, Statutes of 2012

AB 1720 (Torres-D) Service of process: private investigators

Allows licensed private investigators to enter a gated community for a reasonable amount of time for the sole purpose of performing lawful service of process or service of subpoena, as specified.
Chapter 113, Statutes of 2012

AB 1775 (Wieckowski-D) Wage levy under an earnings withholding order

Raises the minimum floor of a judgment debtor's wages that are exempt from levy under an earnings withholding order from 30 times the federal minimum hourly wage to 40 times the California minimum hourly wage. Becomes operative on 7/1/13.
Chapter 474, Statutes of 2012

AB 1864 (Wagner-R) Court-appointed professionals: immunity

Prohibits a monetary liability on the part of, and any cause of action for damages against, any professional appointed by court order to provide services to the court pursuant to the provisions described above, as an expert witness or in connection with family law proceedings, for any act, opinion, report, or communication in the performance of those services.
(Died in Assembly Judiciary Committee)

AB 1865 (Alejo-D) Eviction: residential tenancies

Requires the mandatory notice of filing of an unlawful detainer (eviction) action by the clerk of the court to include the name and telephone number of any entity certified as a lawyer referral service that requests inclusion in the notice of filing, as specified, and information on how to locate a lawyer referral service through the State Bar.
Chapter 241, Statutes of 2012

AB 1875 (Gatto-D) Civil procedure: depositions

Limits a deposition to seven hours, except as specified or as ordered by the court. Requires the court to allow additional time if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
Chapter 346, Statutes of 2012

AB 1878 (Beth Gaines-R) Liability: disability access

Establishes notice requirements for an alleged aggrieved party to follow before bringing an action against a microbusiness, as defined, for an alleged violation of interfering with the access rights of a disabled individual.
(Failed passage in Assembly Judiciary Committee)

AB 1893 (Wagner-R) Procedural rules: probate

Clarifies the procedural rules that apply to proceedings under the Probate Code.
(Died in Senate Judiciary Committee)

AB 1918 (Jones-R) Civil procedure: depositions: unlawful detainer

Reduces the amount of time that a deponent in an unlawful detainer proceeding would have to approve or correct a deposition transcript from 30 days to five days after notice that the deposition transcript is available for reading, correcting, and signing.
(Died in Assembly Judiciary Committee)

AB 1927 (Jones-R) Easements

Clarifies that an easement owner can apply, as specified, to either the small claims court or superior court for enforcement of easement maintenance responsibilities against other easement owners.
Chapter 244, Statutes of 2012

AB 1950 (Davis-D) Prohibited business practices

Deletes the sunset date on two provisions of a 2009 bill that prohibited collecting up-front fees in connection with offers to help borrowers obtain mortgage loan modifications or other forms of mortgage loan forbearance. Extends the statute of limitations from one year to three years on specified real estate-related misdemeanors.
Chapter 569, Statutes of 2012

AB 1978 (Galgiani-D) Personal property: collection boxes

Provides that a person may not place or maintain a collection box on private property unless the owner or operator of the collection box first obtains the written consent of the property owner. Provides civil immunity for owners of property who act reasonably to remove a collection box placed on the property without consent, and for tow truck operators who act reasonably in removing a collection box upon the authorization of the property owner.
Vetoed

AB 1985 (Silva-R) Trusts and estates

Clarifies the rule of construction of a trust to provide that, when a trustee sells or encumbers property gifted to a beneficiary under a revocable trust, the gift to the beneficiary is not adeemed (cancelled). Clarifies that a beneficiary has the right to a general pecuniary gift equal to the net sale price of the property unreduced by a payoff of any encumbrance on the property or the amount of the unpaid encumbrance on the property as well as the property itself.
Chapter 195, Statutes of 2012

AB 1994 (Huber-D) Disability access: causes of action

Requires every county to establish a program that requires an alleged aggrieved party under the state access laws to file a complaint with the county planning department in which an alleged violation occurred. Requires the county planning department to refer every complaint received under this act to a certified access specialist to determine what measures are necessary to remedy the alleged violation and the estimated timeframe for remedy.
(Died in Assembly Judiciary Committee)

AB 1997 (Huber-D) Guardianships and conservatorships

Provides that, notwithstanding the fact that a ward, proposed ward, conservatee, or proposed conservatee may also be represented by other legal counsel, the court may appoint private legal counsel if the court determines that the ward, proposed ward, conservatee, or proposed conservatee has not competently retained independent counsel for the proceeding. Provides that the court's determination in this matter is not admissible for any other purposes in any other proceeding.
(Died in Assembly Judiciary Committee)

AB 1999 (Brownley-D) Family caregiver status protection

Amends employment provisions of the Fair Employment and Housing Act to prohibit discrimination based on the family caregiver status of an employee.
(Died in Senate Appropriations Committee)

AB 2021 (Wagner-R) Works of improvement: disputed amounts

Revises the amount that an owner can withhold from a contractor, and a contractor from a subcontractor, for disputed works of improvement.
(Died on Senate Third Reading File)

AB 2043 (Wagner-R) Appeals: representative actions

Adds an order granting or denying class action certification, allowing appeal from the order at the discretion of the court of appeal. Specifies various factors the court would be required to consider in determining whether to allow the appeal.
(Failed passage in Assembly Judiciary Committee)

AB 2044 (Wagner-R) Civil actions: motion for a new trial

Requires that, when filing the motion for a new trial before the entry of judgment, the filing shall be done after the decision is rendered.
(Died in Senate Judiciary Committee)

AB 2071 (Hagman-R) Civil damages: trees

Reduces damages for the negligent removal of timber, trees, or other wood from the land of another, including if the defendant had probable cause to believe that the land was his/her own, from two times actual damages to actual damages. Reduces damages for cutting down or carrying off any wood, underwood, tree, or timber or otherwise injuring any tree or timber, as specified, from treble damages to actual damages.
(Died in Assembly Judiciary Committee)

AB 2073 (Silva-R) Civil actions: courts: electronic filing

Authorizes the Superior Court of Orange County, until 7/1/14, to establish a pilot project by local rule to require parties to specified civil actions to electronically file and serve documents, as specified. Requires the Judicial Council to evaluate and report to the Legislature on the results of that evaluation, as specified, or before 12/31/13. Requires the Judicial Council, by 7/1/14, to adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, as specified.
Chapter 320, Statutes of 2012

AB 2106 (Wagner-R) Motion to set aside and vacate a judgment

Clarifies that the earliest notice of a new trial can be filed and served is after the decision is rendered and before entry of judgment. Incorporates the timeframe under which a court must rule on a motion for a new trial into the timeframe provided for motions to set aside and vacate a judgment.
Chapter 83, Statutes of 2012

AB 2149 (Butler-D) Civil actions: elder and dependent adult abuse

Prohibits, and makes void as against public policy, the inclusion of any of the following provisions in a settlement agreement of claims related to the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), whether made before or after the filing of an EADACPA action (1) a provision prohibiting any party from contacting or cooperating with the state or local government agencies, as specified, (2) a provision prohibiting any party from filing a complaint with, or reporting any violation of law to, state or local government agencies, as specified, and (3) a provision that requires any party to withdraw a complaint he or she has filed with, or a violation he/she has reported to, state or local government agencies, as specified. Specifies that the provisions apply only to an agreement entered into on or after 1/1/13.
Chapter 644, Statutes of 2012

AB 2243 (Knight-R) Space Flight Liability and Immunity Act

Provides a limited civil immunity to space flight entities for injuries sustained by a space flight participant if the entities meet certain requirements; including warning the voluntary participant of the inherent risks of space flight and obtaining the participant's informed signed consent. Does not provide immunity for injuries proximately caused by a space flight entity that is grossly negligent, willfully or wantonly disregards the safety of the participant, intentionally causes injury, or has actual knowledge or reasonably should have known of a dangerous condition, as specified.
Chapter 416, Statutes of 2012

AB 2255 (Donnelly-R) Civil cases: expedited jury trial

Removes the five-year sunset provision of the Expedited Jury Trial Act that was passed by the Legislature in AB 2284 (Evans-D), Chapter 674, Statutes of 2010.
(Failed passage in Assembly Judiciary Committee)

AB 2257 (Achadjian-R) Nuisance: landfills

Provides that a commercial waste management facility that has been in operation for more than three years and has otherwise been in compliance with applicable rules and standards may not be deemed a nuisance if it was not a nuisance when operation began.
(Died in Assembly Local Government Committee)

AB 2264 (Knight-R) Civil immunity: insurance fraud investigators

Provides civil immunity for private insurance fraud investigators when they report unlawful activity not related to insurance fraud in the course of an investigation.
(Died in Assembly Insurance Committee)

AB 2274 (Lara-D) Vexatious litigants

Provides that a court shall dismiss an action brought by a vexatious litigant when all of the following are true: (1) the court determines, after hearing evidence, that the litigation has no merit and has been filed for the purposes of harassment or delay; (2) the vexatious litigant is subject to a prefiling order; and (3) the vexatious litigant was represented by counsel at the time the litigation was filed and became pro per after his/her attorney withdrew from the case.
Chapter 417, Statutes of 2012

AB 2282 (Bill Berryhill-R) Disability access: injunctive relief

Requires the California Commission on Disability Access (CCDA) to analyze and make recommendations to the Legislature regarding whether compliance with state and federal construction-related disability accessibility laws would be improved or potentially deterred by changes to the state rules regarding legal standing for actions seeking injunctive relief, as specified. Provides that the study and recommendations shall be undertaken promptly in light of urgent concerns among businesses regarding alleged misuse of existing law, consistent with other pending projects of the CCDA.
(Died in Senate Appropriations Committee)

AB 2314 (Carter-D) Maintenance of foreclosed properties

Provides certain purchases of foreclosed residential properties 60 days to remedy code violations before being subject to enforcement actions and eliminates the sunset on existing provisions requiring an owner of a foreclosed, vacant, residential property to maintain the property.
Chapter 201, Statutes of 2012

AB 2325* (Norby-R) Liability: special access

Establishes notice requirements for an alleged aggrieved party to follow before bringing an action against a business for an alleged violation of existing special access.
(Died in Assembly Judiciary Committee)

AB 2326 (Wagner-R) Execution of documents

Expands the type of notarized documents that require a party signing a document to place his/her fingerprint in the notary's journal to include all documents pertaining to real property.
Chapter 202, Statutes of 2012

AB 2328 (Olsen-R) California Law Revision Commission

Eliminates the California Law Revision Commission.
(Failed passage in Assembly Judiciary Committee)

AB 2335 (Nielsen-R) Decedents' estates: family allowance

Requires that the highest priority for a family allowance relative to dealing with a decedents' estate is to provide for minor children of the decedent.
(Died in Assembly Judiciary Committee)

AB 2337 (Dickinson-D) Civil procedure: electronic personal records

Provides that a subpoena duces tecum for personal records pertaining to a consumer that are maintained by an interactive computer service or access software provider shall not be valid if the court makes any specified finding.
(Died in Assembly Judiciary Committee)

AB 2364 (Wagner-R) Civil procedure: attachment

Authorizes depository institutions with fewer than ten California branches and require depository institutions with 10 or more California branches to designate a central location for service of process for attachments and enforcement of judgments against deposit accounts and the contents of safe deposit accounts held by those institutions, requires that service of such process be made at the central location in all cases where there is such a designation, and restricts the reach of levies served at the central location to deposit accounts and safe deposit boxes maintained at those financial institutions' California locations. Establishes mechanisms for use by judgment creditors, in cases where a financial institution has not designated a central location for service of process.
Chapter 484, Statutes of 2012

AB 2372 (Hill-D) Deposition transcripts: costs

Requires that the requesting attorney or party appearing in propria persons, upon the written request of a deposition officer who has obtained a final judgment for payment of services, provide to the deposition officer an address that can be used to effectuate personal service for the purpose of an order of examination.
Chapter 125, Statutes of 2012

AB 2374 (Roger Hernández-D) Consumer credit reports

Prohibits a credit reporting agency from charging specified consumers any fee for the initial placement of a security freeze. Authorizes a credit reporting agency, however to still charge a fee (capped at $5) for lifting, removing, or replacing a security freeze.
Chapter 645, Statutes of 2012

AB 2377 (Huber-D) Enforcement of judgments: appeals

Provides that unless an undertaking (bond) is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for specified conditions and/or situations.
(Failed passage in Assembly Judiciary Committee)

AB 2386 (Allen-D) Employment and housing discrimination: breastfeeding

Clarifies, under the Fair Employment and Housing Act, protection from employment discrimination for breastfeeding or medical conditions related thereto. Double-jointed with AB 1964 (Yamada-D), Chapter 287, Statutes of 2012.
Chapter 701, Statutes of 2012

AB 2389 (Bonnie Lowenthal-D) Contractor disclosure requirements

Prohibits a contractor that provides services that require entering the residence or place of lodging of a member of the public from utilizing a uniform that bears the name or a logo of the contracting entity, unless each uniform meets certain disclosure requirements.
Vetoed
An identical bill was AB 2395 (Davis-D) which was vetoed.

AB 2395 (Davis-D) Civil actions: pro per litigants

Requires, in civil proceedings in which a pro per litigant is the prevailing party, that the court, upon motion, award reasonable compensation to the prevailing party for the time and effort required to litigate the matter. Requires the court to base the reasonable compensation on the standard rate of compensation for a paralegal assistant in the local market and any economic hardship suffered by the prevailing party in litigating the matter.
(Died in Assembly Judiciary Committee)

AB 2517 (Eng-D) Wage liens

Permits a car washing and polishing employee to record and enforce a wage lien upon specified real and personal property for wages and other compensation and related penalties and damages owed the employee. Prescribes requirements relating to the recording and enforcement of the wage lien.
(Failed passage on Assembly Floor)

AB 2521 (Blumenfield-D) Landlord and tenant: personal property

Increases from $300 to $700, the threshold amount of determining whether the landlord must dispose of the departed tenant's unclaimed property via a public sale, with the proceeds of the sale (less storage and sale costs) held for the tenant, or whether the landlord may dispose of the property in any manner or retain it for his/her own use.
Chapter 560, Statutes of 2012

AB 2536 (Butler-D) Stray animals

Provides that when a person or private entity finds a stray live animal, the finder must immediately notify the owner if the owner's identity is reasonably ascertainable. Requires a finder to microchip, vaccinate, and spay or neuter the animal within 14 days of receiving legal title, with certain exceptions, and makes a finder’s failure to comply with this provision an infraction punishable by a fine of $250.
(Died in Assembly Agriculture Committee)

AB 2557 (Feuer-D) Real property: maintenance and abatement

Provides, in the County of Los Angeles, for a period of three years, injunctive relief to a person whose property is injuriously affected by a neighboring owner's failure to maintain a vacant foreclosed residential property and permits the city attorney, county counsel, or district attorney to seek the appointment of a receiver for a substandard building.
(Failed passage on Assembly Third Reading)

AB 2654* (Morrell-R) Mining liens: definitions

Revises the definition of a "mine" as a mining claim or real property worked on as a mine, including, but not limited to, any quarry or pit, from which rock, gravel, sand, or other mineral-containing property is extracted by any mining or surface mining operation. States the legislative intent to supersede the holding of a California Appellate Court decision in Sukut Const. Inc. v. Rimrock CA, LLC (2011) 199 Cal.App.4th. 817.
Chapter 263, Statutes of 2012

AB 2667 (Assembly Banking And Finance Committee) Personal property: fraudulent transfers

Allows a transferor of personal property to file a financing statement, authorized in an authenticated record, with respect to the property transferred and does not void such a transfer as against the transferor's creditors.
Chapter 60, Statutes of 2012

AB 2683 (Assembly Judiciary Committee) Probate matters: omnibus bill: guardianship

Corrects a cross-reference relating to inter-court communications regarding guardianship venue. Conforms creditor notices contained in a notice of hearing on a petition to administer a decedent's estate and the notice of administration of the estate to the statutory estate creditor claim period.
Chapter 207, Statutes of 2012

AB 2684 (Assembly Judiciary Committee) Civil actions: interpreter costs: indigent

Provides that court interpreter fees may be recovered when the court has authorized a court interpreter for an indigent person who is represented by a pro bono attorney, as defined. Provides that the certification of pro bono legal services for a legal services contract with the state exceeding $50,000 could be fulfilled by a certification to make either a good faith effort to provide the specified minimum number of hours of pro bono legal services or an equivalent amount of financial contributions to qualified legal services and support centers, as defined.
Chapter 758, Statutes of 2012

AB 2690 (Assembly Judiciary Committee) Civil law: tort claims

Adopts "Government Claims Act" as the short title for Title 1, Division 3.6 (commencing with Section 810) of the Government Code, and replaces the reference "Tort Claims Act" with "Government Claims Act" throughout the codes.
Chapter 759, Statutes of 2012

ACR 98 (Wagner-R) California Law Revision Commission: studies

Authorizes the California Law Revision Commission (CLRC) to study whether specified laws should be revised, authorizes the CLRC to study the new topic of the Fish and Game Code and related statutory laws, and authorizes removal of one topic from the calendar of the CLRC. Provides that before commencing work on any project within the list of topics authorized for study by the Legislature, the CLRC shall submit a detailed description of the scope of work to the Senate and Assembly Judiciary Committees and any policy committee with jurisdiction over the study's subject matter.
Resolution Chapter 108, Statutes of 2012

AJR 34 (Achadjian-R) Human rights

Calls on the President and the Congress of the United States to urge the government of the Republic of Turkey to honor its obligations under international treaties and human rights law.
(Died in Assembly being unassigned to a committee)

AJR 43 (Lara-D) Sexual orientation and gender identity

Calls upon the President and the Congress of the United States to pass legislation that would expressly include sexual orientation and gender identity in all laws of the United States created to end discrimination.
Resolution Chapter 141, Statutes of 2012

Index (in Measure Order)

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Note: * Denotes Urgency or Tax Levy Legislation.