Criminal Justice and Judiciary

Criminal Justice and Judiciary

Terrorism and other Related Legislation

SB 431* (Ortiz-D) Federal bioterrorism preparedness funds

Appropriates $2.3 million from the Federal Trust Fund to the State Department of Health Services for the purposes of implementing bioterrorism preparedness activities by state and local jurisdictions and hospitals.

Chapter 462, Statutes of 2004

SB 678* (Ortiz-D) Bioterrorism: smallpox

Appropriates $18,145,889 in federal funds to the State Department of Health Services for implementing bioterrrorism and smallpox preparedness measures by the state and local jurisdictions.

Chapter 35, Statutes of 2004

SB 1103* (Senate Budget And Fiscal Review Committee) Budget items: bioterrorism

Specifies, for budgetary purposes, that local health jurisdictions, hospitals, clinics, emergency medical systems and poison control centers are eligible to receive federal funding from the State Department of Health Services for bioterrorism preparedness and emergency response. Specifies that due to the need for rapid implementation of the provisions and the need to provide these entities with funding, the agreements between the entities and the state are exempt from selected provisions of the public contract code. Sunsets September 1, 2007.

Chapter 228, Statutes of 2004

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

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

(Failed passage in Assembly Public Safety)

AB 940 (Yee-D) Mental health center for terrorism and disaster

Authorizes the University of California at San Francisco to establish the UCSF Western Regional Mental Health Center for Terrorism and Disaster in order to address the issue of posttraumatic stress disorder following terrorist events or disasters.

(Died in Assembly Health Committee)

Identical to AB 3038 (Yee-D) which died in Assembly Health Committee.

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

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

Chapter 8, Statutes of 2004

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

Expands those items that may be discussed in closed session relating to terrorism to include the deployment of law enforcement personnel to protect against specified threats.

(Died in Assembly Local Government Committee)

AB 1831 (Bermudez-D) Homeland security: federal funding

Requires the Governors Office of Homeland Security, in consultation with the California Statewide Interoperability Executive Committee in the Office of Emergency Services and the Public Safety Radio Strategic Planning Committee to adopt a plan for the funding of a statewide integrated, interoperable public safety communication network. Requires any local agency that purchases digital public radio communication equipment with state or federal funds to ensure that it meets prescribed standards.

(Died in Conference Committee)

Identical to AB 3038 (Yee-D) which died in Assembly Health Committee.

ACR 247 (Bermudez-D) Homeland security funds

Requests the State Office of Homeland Security to develop a funding plan for the disbursement of federal antiterrorism and other funds including for the purchase of equipment and training related to interoperable communications between state and local public safety agencies.

(Died in Assembly Appropriations Committee)

AJR 80 (Haynes-R) War in Iraq: weapons of mass destruction

Requests the Representatives and Senators from California to support President Bush and his efforts to keep the United States and its allies safe from terrorists, dangerous authoritarian regimes, and weapons of mass destruction.

(Died in Assembly, never assigned to a committee)

Domestic Violence

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

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

(Died in Senate Appropriations Committee)

SB 914* (Bowen-D) Domestic violence: shelter grant program

Reforms the application, administration, and program monitoring process for grants awarded to domestic violence and sexual assault/rape victim services providers.

Chapter 840, Statutes of 2004

SB 1391 (Romero-D) Domestic violence

Requires a person subject to a domestic violence protective order to relinquish any gun in his/her possession or control within 24 hours of the service of the order, rather than within 48 hours, if the subject was not present at the hearing.

Authorizes the City of Los Angeles Department of General Services peace officers to seek and enforce domestic violence restraining orders and adds them to the category of peace officers subject to policies and standards relating to law enforcement responses to domestic violence.

Chapter 250, Statutes of 2004

SB 1441 (Kuehl-D) Domestic violence: victims

Grants victims of domestic violence or abuse the right, similar to that granted victims of sexual abuse, to have a domestic violence counselor and a support person of the victim's choosing present at an interview by law enforcement authorities, district attorneys, or defense attorneys. Provides that the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or the district attorney believes the presence of that individual would be detrimental to the purpose of the interview.

Chapter 159, Statutes of 2004

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

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

(Died in Assembly Judiciary Committee)

AB 141 (Cohn-D) Domestic violence: evidence

Amends the definition of "domestic violence" in Section 1109 of the Evidence Code to allow propensity evidence of other violence committed by a domestic violence defendant against his/her child or relative, as specified, in a domestic violence case if the court does not exclude the evidence pursuant to a hearing under Section 352, after consideration of any corroboration and remoteness in time, as specified.

Chapter 116, Statutes of 2004

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

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 1813 (Cohn-D) Domestic violence: presence of minors: enhancements

Provides that a person convicted of the commission of felony domestic violence in the presence of any child under 18 years of age shall receive an enhancement of one year in the state prison. Provides that a person convicted of the commission of misdemeanor domestic violence in the presence of any child under 18 years of age shall receive a mandatory jail term of at least 90 days for the offense.

(Died in Assembly Public Safety Committee)

AB 2010 (Hancock-D) Alameda and Solano Counties: domestic violence

Allows Alameda and Solano Counties to increase marriage license fees, and the fee for issuance of certified copies of a birth certificate, fetal death or death certificate by $2.00, for the purpose of funding governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the counties.

Chapter 830, Statutes of 2004

AB 2018 (Chu-D) Domestic violence: civil damages

Adds to the Family Code a section expressly stating that if one spouse has obtained against the other spouse a judgement for civil damages for an act of domestic violence perpetrated by the other spouse, the court may enforce that judgment against the abusive spouse's share of the community property if a proceeding for dissolution of the marriage or legal separation is pending prior to the entry of final judgment.

Chapter 299, Statutes of 2004

ACR 148 (Cohn-D) Domestic Violence Awareness Month

Proclaims the month of October 2004 as Domestic Violence Awareness Month.

Resolution Chapter 173, Statutes of 2004

ACR 149 (Cohn-D) Health Cares About Domestic Violence Day

Proclaims October 6, 2004 as Health Cares About Domestic Violence Day to raise awareness about the importance of health care settings for assessing domestic violence risk, promoting safety planning, and providing information and referral as part of the routine health care that is provided.

Resolution Chapter 174, Statutes of 2004

AJR 97 (Lieber-D) Gender-based violence

Memorializes the federal United States Department of Justice and the United States Department of Homeland Security to recognize gender-based violence as a basis for granting asylum in the United States.

(Not assigned to a committee)

Child Abuse

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

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

(Died in Senate Public Safety Committee)

SB 878 (Knight-R) Child pornography

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

(Failed passage in Senate Public Safety Committee)

SB 880 (Ashburn-R) Murder of a child

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

(Died in Senate Public Safety Committee)

SB 882 (Denham-R) Criminal communication with minors

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

(Died in Senate Public Safety Committee)

SB 1313 (Kuehl-D) Child abuse reporting

Enacts numerous (14) reforms recommended in a March 2004 report by the Child Abuse and Neglect Reporting Act Task Force.

Chapter 842, Statutes of 2004

SCR 60 (Battin-R) Child Abuse Prevention Month

Acknowledges the month of April 2004, as Child Abuse Prevention Month and encourages the people of the State of California to work together to support youth-serving child abuse prevention activities in their communities and schools.

Resolution Chapter 61, Statutes of 2004

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

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

(Died in Senate Public Safety Committee)

AB 930 (Mountjoy-R) Sexual abuse

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

(Died in Assembly Public Safety Committee)

AB 1441 (Garcia-R) SAFE teams

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

(Died in Assembly Appropriations Committee)

AB 1443 (La Suer-R) Offenses against minors

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

(Died in Assembly Public Safety Committee)

AB 2294 (Wolk-D) Local multidisciplinary teams

Authorizes counties to establish Multi-Disciplinary Interview Centers to coordinate the activities of agencies investigating and prosecuting child abuse and to submit claims to the California Victim Compensation and Government Claims Board for associated costs.

(Died in Assembly Appropriations Committee)

AB 2417 (Jackson-D) Continuous child abuse

Creates a new alternate felony/misdemeanor punishment applicable to any person who is convicted of specified child abuse, otherwise punishable as a misdemeanor, within seven years of a previous conviction of child abuse or the infliction of a traumatic injury on a child. Enacts a new crime of "continuous physical abuse of a child," punishable as a wobbler by 16 months, two or three years in the state prison or by up to one year in the county jail, applicable to a person who lives with or has recurring access to a child and engages in three or more acts of willfully causing or permitting a child to suffer, inflicts unjustifiable pain or suffering, or causes the health of the child to be injured over a period of at least three months, as specified.

Makes the new "wobbler" crimes in this bill operative only if the Three Strikes and Child Protection Act of 2004 is approved by the voters at the November 2, 2004, General Election.

(Died in Senate Rules Committee)

AB 2531 (Bates-R) Child abuse reporting

Makes in-home support services providers for minor children mandatory child abuse and neglect reporters.

Chapter 762, Statutes of 2004

Similar to SB 1313 (Kuehl-D), Chapter 842, Statutes of 2004.

AB 2749 (Dutton-R) Child abuse and neglect investigations: child welfare

Establishes a new training requirement for persons who investigate child abuse or neglect and specifies that individuals who are being investigated be informed of the complaints or allegations against them.

Chapter 292, Statutes of 2004

AB 2873 (Garcia-R) Child abuse prevention: citizen review panels

Conforms state law to federal law regarding the establishment and duties of child abuse citizen review panels by specifying their purpose, composition and duty of confidentiality and imposing a criminal penalty for violating confidentiality requirements.

Chapter 350, Statutes of 2004

Sex Offenders

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

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

(Died in Senate Public Safety Committee)

SB 327 (Battin-R) Sex offender registration

Provides Internet access to the sex offender registry.

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

SB 422 (Florez-D) Sex offenders

Deletes the requirement that the State Department of Justice (DOJ) provide a CD-ROM containing compiled sex offender information for public viewing until July 1, 2004 and, instead, requires the DOJ to provide the information until January 1, 2007, via an electronic medium.

(Died in Senate Appropriations Committee)

SB 423 (Florez-D) Sex offenders

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

(Died in Senate Public Safety Committee)

SB 424 (Florez-D) Sex offenders

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

(Died in Senate Public Safety Committee)

SB 650 (Battin-R) Megan's Law

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

SB 876 (Morrow-R) Sexually violent predators

Allows the commitment of a person as a sexually violent predator if he/she was previously convicted of a sex crime against a single victim under the age of 14, if the crime involved "substantial sexual conduct" or was accomplished by force or duress, although if the victims of prior crimes were adults, the bill does not change the requirement in existing law that prior sex crimes must have been committed against at least two victims by force or duress.

(Died in Senate Public Safety Committee)

SB 884 (Poochigian-R) Crimes

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

(Died in Senate Appropriations Committee)

SB 885 (Knight-R) Megan's Law

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

(Died in Senate Public Safety Committee)

SB 929 (Speier-D) Sex offenses: statute of limitations

Adds specified sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, forcible acts of sexual penetration, and flight of a sex offender to avoid prosecution, to the list of crimes for which there is no statute of limitation for prosecution.

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

SB 1289 (Machado-D) Sex offender registration

Makes a number of cleanup changes to the sex offender registration statute.

Chapter 731, Statutes of 2004

SB 1366 (Denham-R) Sexually violent predators: conditional release

Makes numerous changes to existing law relative to providing notice to law enforcement of the conditional release of a sexually violent predator.

(Died in Senate Public Safety Committee)

SB 1550 (Battin-R) Sex offender registration: Internet

Requires the State Department of Justice to establish an Internet site disclosing information pertaining to registered sex offenders by January 1, 2006.

(Failed passage in Senate Public Safety Committee)

SB 1678 (Dunn-D) Child sexual abuse: statute of limitations

Applies retroactively to revive for a one-year period, beginning January 1, 2005, civil claims for childhood sexual abuse against a perpetrator who was being criminally prosecuted under the terms of AB 290 and whose case was dismissed or overturned as a result of Stogner v. California.

Chapter 741, Statutes of 2004

SB 1737 (Speier-D) DNA collection

Requires a person convicted of any felony, or a misdemeanor which requires the person to register as a convicted sex offender, to provide a DNA sample for inclusion in the State Department of Justice databank.

(Died in Assembly Public Safety Committee)

SB 1780 (Hollingsworth-R) Sex offenders

Makes multiple, complex changes to several sections of the Health and Safety, Penal, Vehicle and Welfare and Institutions Codes pertaining to sex offenses.

(Failed passage in Senate Public Safety Committee)

SB 1803 (Battin-R) Sexual offenses against children: deferred entry of judgment

Eliminates the limited probation eligibility for persons convicted of non-coerced, non-forced intra-family lewd conduct involving substantial sexual conduct (a defined sex act or masturbation), multiple victims or pornography. Eliminates the existing exception to one-strike sex crime (life term) sentencing for persons convicted of non-forced, non-coerced intra-family lewd conduct who are eligible for probation. Eliminates deferred entry of judgment programs for persons convicted of non-forced, non-coerced lewd conduct. Defines incest as a crime between adults, thus apparently eliminating the use of a guilty plea to incest (for which probation may be granted and one-strike sentences are not imposed) as an alternative to lewd conduct.

(Failed passage in Senate Public Safety Committee)

SB 1806 (Johnson-R) Sex offender registration

Authorizes police and sheriffs' departments that are required to register sex offenders to contract with private investigators to locate individuals who have failed to register, whose registration has expired, or who cannot be located at the residence or place of employment listed in their registration.

(Died in Senate Public Safety Committee)

AB 26 (Pacheco-R) Megan's Law

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

(Failed passage in Assembly Public Safety Committee)

AB 27 (Parra-D) Megan's Law

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Senate Public Safety Committee)

AB 181 (Shirley Horton-R) Sex offender registration

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Transportation Committee)

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

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

(Died in Senate Judiciary Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 488* (Parra-D) Sex offender registration: Megan's Law: Internet

Requires the State Department of Justice (DOJ) to establish an Internet site disclosing information pertaining to registered sex offenders beginning on or before July 1, 2005, as specified. Appropriates $650,000 from the General Fund to the DOJ to implement the provisions of the bill.

Chapter 745, Statutes of 2004

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

Requires that a person conditionally released from the Sexually Violent Predator program shall be released into the county of domicile unless extraordinary circumstances are shown.

Chapter 222, Statutes of 2004

AB 726 (Leslie-R) Megan's Law

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

(Died in Assembly Public Safety Committee)

AB 727 (Leslie-R) Sexual assault

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

(Died in Assembly Public Safety Committee)

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

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

(Failed passage in Assembly Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

AB 876 (Campbell-R) Megan's Law

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

(Failed passage in Assembly Public Safety Committee)

AB 891 (Runner-R) Sex offenses: educators

Expands the definition of sex offense that applies to statutory limits on persons who can work at schools to include continuing sexual abuse of a child.

Chapter 124, Statutes of 2004

AB 930 (Mountjoy-R) Sexual abuse

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

(Failed passage in Assembly Public Safety Committee)

AB 966 (Shirley Horton-R) Sexual habitual offenders

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

(Failed passage in Assembly Public Safety Committee)

AB 1184 (Spitzer-R) Sex offenders: registration

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

(Failed passage in Assembly Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

AB 1224 (Diaz-D) Registered sex offenders: grants to local law enforcement

Requires an unspecified appropriation from the General Fund to the State Department of Justice "for the purpose of providing matching grants to local law enforcement agencies for the operation of programs to implement the registration and public notification provisions" of current law pertaining to registered sex offenders.

(Died in Senate Public Safety Committee)

AB 1285* (Salinas-D) Sexually violent predators

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

(Died in Senate Public Safety Committee)

AB 1441 (Garcia-R) SAFE teams

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Senate Public Safety Committee)

AB 1444 (Bates-R) Forensic identification

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

(Failed passage in Assembly Pubic Safety Committee)

AB 1513 (Nakanishi-R) Sex offenders

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

(Died in Assembly Public Safety Committee)

AB 1617 (Montanez-D) Harassment: investigations

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

(Died in Assembly Judiciary Committee)

AB 1844 (Cohn-D) Sex offenders: parole

Requires "high-risk" sex offenders, as defined, be placed on parole for a period not exceeding 10 years (rather than up to five years, per current law) unless the parole authority for good cause waives parole and discharges the inmate.

(Died in Assembly Appropriations Committee)

AB 1937 (Corbett-D) Registered sex offenders

Requires any state or local governmental agency to provide to the State Department of Justice (DOJ), upon written request, the address of any person represented by the DOJ to be a person who is in violation of his/her duty to register under Section 290 of the Penal Code.

Chapter 127, Statutes of 2004

AB 2068 (Bogh-R) Sex offenders

Creates a new misdemeanor offense if a person required to register as a sex offender resides within one-quarter mile of a school.

(Died in Assembly Public Safety Committee)

AB 2395 (Correa-D) Sex offender registration: out-of-state offenses

Clarifies and streamlines the standards for determining whether an out-of-state conviction for a sex offense requires sex offender registration in California, as specified. Double-jointed with AB 2527 (Frommer-D) and SB 1289 (Machado-D).

Chapter 761, Statutes of 2004

AB 2450 (Canciamilla-D) Sexually violent predator patients: notice

Provides greater notice to communities into which a patient may be released from the sexually violent predator program, particularly in cases where the patient is conditionally released with strict supervision.

Chapter 425, Statutes of 2004

AB 2527 (Frommer-D) Sex offender registration: residence address

Responds to a Court of Appeals decision, which held that portions of the sex offender registration statute applicable to registrants with no fixed residence addresses are unconstitutionally vague, by condensing, simplifying and clarifying the registration requirements applicable to transient registrants.

Chapter 429, Statutes of 2004

AB 3042 (Yee-D) Sex offenses for money

Imposes enhanced prison penalties for specified sex offenses involving a minor if the act was committed for money or other consideration.

Chapter 769, Statutes of 2004

AB 3097 (Runner-R) Sex offenders

Provides that registered sex offenders may not reside within 10 miles of any school, child care facility, park, playground, or other location where children are likely to gather. Imposes specified requirements on group homes that receive state funding.

(Died in Assembly Public Safety Committee)

ACA 18 (Spitzer-R) Sex offender information

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

(Failed passage in Assembly Public Safety Committee)

ACR 194 (Chu-D) Sexual Assault Awareness Month

Designates the month of April as Sexual Assault Awareness Month.

Resolution Chapter 34, Statutes of 2004

Controlled Substances

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

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

(Failed passage in Senate Public Safety Committee)

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

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

(Died on Assembly Inactive File)

SB 519 (Vasconcellos-D) Nonviolent drug possession

Provides, commencing July 1, 2005, that when a State Department of the Youth Authority (DYA) parolee commits a non-violent drug possession offense, he or she shall be given drug treatment in his or her community of residence, rather than being returned to confinement in the DYA. Provides that funding for this program will be provided through the annual Budget Act.

Vetoed by the Governor

SB 1494 (Vasconcellos-D) Medical marijuana

Amends the state program of providing voluntary identification cards to those who are allowed to possess marijuana for medical needs.

Vetoed by the Governor

SB 1570 (Bowen-D) Controlled substances: removal actions

Requires the State Department of Toxic Substances Control, by January 1, 2006, in consultation with the Office of Environmental Health Hazard Assessment, to provide state and local agencies with standards and procedures for taking a remedial action following the release of an illegal controlled substance, a precursor of a controlled substance, or related materials. Stipulates that the standards and procedures must be such that cleanup levels protect the health and safety of all future occupants of a site. Clarifies that the procedures for notifying the local environmental health officer may alternatively include a local response agency.

(Died in Senate Appropriations Committee)

SB 1598 (Vasconcellos-D) Marijuana: fine decrease

Decreases from $100 to $50 the maximum fine for possession of not more than 28.5 grams of marijuana.

(Died in Senate Public Safety Committee)

AB 30* (Richman-R) Controlled substances

Provides cleanup legislation to SB 151 (Burton-D) of 2003, that replaces the existing triplicate prescription pads used to dispense Schedule II narcotics with new forgery resistant pads that will be used for all controlled medications. Extends the use of triplicate prescription forms for dangerous drugs, until the alternative system can be implemented.

Chapter 573, Statutes of 2004

AB 57 (Bates-R) Ecstasy: punishment

Classifies the drug 3,4-methylenedioxymethamphetamine (Ecstasy) as a Schedule I controlled substance, unless it is contained in a drug product approved pursuant to federal law, as specified, in which case the substance would be classified as a Schedule II controlled substance.

(Died in Senate Public Safety Committee)

AB 125 (Cogdill-R) Unlawful manufacture and possession

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 1899 (Runner-R) Ephedrine: transport

Provides that any person who transports, offers to transport, or attempts to transport into California an amount in excess of one-half pound or 227 grams of ephedrine, pseudoephedrine, or the salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, is guilty of a felony, punishable by two, four, or six years in state prison.

(Died in Assembly Public Safety Committee)

AB 1900 (Runner-R) Iodine

Provides that it a crime for any manufacturer, wholesaler, retailer, or other person or entity to sell to any individual, and for any individual to buy, more than eight ounces of iodine crystals, or a total of 64 ounces or more of tincture of iodine in any 30-day period.

(Died in Assembly Public Safety Committee)

AB 1992 (Mullin-D) Controlled substances: drug analysis funding

Authorizes a county board of supervisors to assess an additional laboratory analysis fee, not to exceed $25, for persons convicted of specified controlled substance-related offenses.

(Died on Senate Inactive File)

AB 2078 (Cogdill-R) Controlled substances: iodine

Specifies storage requirements for restricted chemicals, such as iodine, that can be used in the manufacturing of controlled substances (methamphetamine).

(Died in Senate Appropriations Committee)

AB 2136 (Goldberg-D) Controlled substances: treatment

Provides a mechanism for narcotic treatment providers to bill indigent clients on a sliding scale so that any reduced charges do not lower the usual and customary charge determinations under Medi-Cal. Adds various legislative intent and findings regarding narcotic treatment.

Vetoed by the Governor

AB 2223 (Longville-D) Marijuana: cultivation: personal use

Provides that any person who, solely for his or her own personal use, cultivates six or fewer marijuana plants grown in an area not larger than 16 square feet on private property with respect to which he or she has ownership or control shall, instead, be guilty of a misdemeanor for which the punishment would be a maximum fine of $250 for each plant, community service, or both a fine and community service.

(Died in Senate Public Safety Committee)

AB 2274 (Dymally-D) Controlled substances

Provides identical punishments for violations of laws related to cocaine powder and crack cocaine by reducing the punishment of possession or purchase for sale of cocaine base (crack cocaine) from imprisonment in the state prison for three, four, or five years to imprisonment in the state prison for two, three or four years.

(Died in Assembly Public Safety Committee)

AB 2400 (Keene-R) Controlled substances

Requires the State Department of Health Services to develop a form that may be recorded as a lis pendens against a property contaminated by illegal methamphetamine manufacture to ensure that notice is given that cleanup has been performed.

(Died on Senate Inactive File)

AB 2523 (Frommer-D) Eviction of drug dealing tenants and users

Reauthorizes for five more years a limited Los Angeles courts pilot project that allows city prosecutors or city attorneys to file unlawful detainer actions to evict drug dealers and users from a rental property, while allowing a law-abiding tenant to remain under a "partial eviction." Makes several modifications to the program, extends the modified program to the cities of San Diego and Oakland, and requires a new Judicial Council report and evaluation of the pilot programs.

Chapter 304, Statutes of 2004

AB 2542 (McCarthy-R) Methamphetamine: child: death or injury

Increases the additional term of punishment a person convicted of manufacturing methamphetamine or possessing specified precursor chemicals with the intent to manufacture methamphetamine where the commission the offense causes great bodily injury to a child under the age of 16, from five years to 15 years in state prison. Establishes a new additional term of punishment for any person convicted of manufacturing methamphetamine or possessing specified precursor chemicals with the intent to manufacture methamphetamine where the commission the offense causes the death of a child under the age of 16 to an additional term of life in state prison.

(Died in Assembly Public Safety Committee)

AB 2699 (McCarthy-R) Methamphetamine

Increases the penalty for the possession of specified precursor drugs with intent to manufacture methamphetamine from two, four, or six years to 16, 18, or 20 years in state prison.

(Died in Assembly Public Safety Committee)

Drunk Driving/Other Vehicle Code Offenses

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

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

(Died in Assembly Appropriations Committee)

SB 161 (Knight-R) Pursued vehicles: punishment

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Appropriations Committee)

SB 213 (Battin-R) Pursued vehicles: punishment

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

(Died in Senate Public Safety Committee)

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

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

(Died on Assembly Inactive File)

SB 717 (Battin-R) Child endangerment: penalties

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

(Died in Senate Public Safety Committee)

SB 780 (Torlakson-D) Automated enforcement systems

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

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

SB 1084 (Torlakson-D) Highways: Safety Enhancement-Double Fine Zones

Designates specified portions of state highways and county roads as Safety Enhancement-Double Fine Zones.

(Died in Senate Rules Committee pursuant to Senate Rule 29)

SB 1085 (Murray-D) Traffic control signals: interruptive devices

Prohibits the purchase, possession, manufacture, installation and distribution of electronic devices for vehicles which are designed to interrupt, pre-empt or override traffic signal lights. Police, fire, and other emergency and transit agencies and their vehicles will be exempt from the prohibition.

This bill is double-jointed with AB 340 (Frommer-D).

Chapter 391, Statutes of 2004

SB 1127 (Scott-D) Motor vehicles: impoundment: forfeiture

Requires, rather than authorizes, a court to impound a motor vehicle whenever a person is convicted of specified serious vehicle offenses.

(Died in Senate Public Safety Committee)

SB 1269 (Morrow-R) Traffic violators: Judicial Council report

Requires the Judicial Council, by June 1, 2005, to collect and compile specified data and information in a report that provides a clear understanding of the current system involving the collection and expenditure of traffic violator fees and to recommend one or more approaches to setting a fiscal policy for the fees charged to those traffic violators.

Chapter 665, Statutes of 2004

SB 1320 (Alarcon-D) Vehicles: cellular telephones

Prohibits the use of a hand-held cellular telephone by a motorist while operating a motor vehicle in a school zone.

(Died in Senate Transportation Committee)

SB 1429 (Denham-R) Traffic collision: fatality: testing

Authorizes non-consensual blood alcohol testing of persons, without arrest or probable cause, by extending existing implied consent for the blood alcohol testing of drivers arrested for driving under the influence to those drivers who cause fatal automobile accidents. Specifies that if the driver refuses to take the test his or her driver's license will be suspended or revoked.

(Died in Assembly Appropriations Committee)

SB 1461 (Machado-D) Driving under the influence

Increases the jail time for a person convicted of driving under the influence in a school zone.

(Failed passage in Senate Public Safety Committee)

SB 1541 (Margett-R) Vehicles: motor vehicle speed contest: punishment

Requires the State Department of Motor Vehicles to immediately suspend the privilege of a person to operate a motor vehicle upon the receipt of an abstract of a court allowing that the person has been convicted and adds community service to the existing sanctions for speed contest violators.

This bill is double-jointed with SB 1694 (Torlakson-D) and SB 1697 (Torlakson-D).

Chapter 595, Statutes of 2004

SB 1582 (Bowen-D) Provisional driver's license: wireless telephones

Prohibits a driver under the age of 18 from using a wireless telephone while operating a motor vehicle.

(Failed passage in Assembly Transportation Committee)

SB 1623 (Johnson-R) Laboratories: licensing and accreditation

Eliminates the licensing and regulatory authority of the State Department of Health Services over laboratories that perform blood, urine, tissue or breath testing by or for law enforcement agencies for determining the concentration of ethyl alcohol in the blood of individuals involved in traffic accidents (forensic alcohol analysis).

Chapter 337, Statutes of 2004

SB 1694 (Torlakson-D) Driving under the influence: sanction

Increases, from seven to 10 years, the "washout" period in which a person convicted of driving under the influence (DUI) will no longer be subject to increased penalties for having suffered one or more prior convictions for DUI or other related offenses.

Double-jointed with AB 3049 (Assembly Transportation Committee), SB 1429 (Denham-R), SB 1541 (Margett-R), SB 1696 (Torlakson-D), and SB 1697 (Torlakson-D).

Chapter 550, Statutes of 2004

SB 1695 (Torlakson-D) Alcohol and drug problem assessment program

Expands required participation in a county alcohol and drug problem assessment program to all persons convicted of a second or subsequent driving under the influence (DUI) offense within seven years of a separate DUI conviction.

Double-jointed with SB 1697 (Torlakson-D) and SB 1694 (Torlakson-D).

Chapter 403, Statutes of 2004

SB 1696 (Torlakson-D) Vehicles: driving under the influence: license restriction

Requires the State Department of Motor Vehicles to receive proof of attendance at a driving under the influence program directly from the program instead of from the individual.

Double-jointed with SB 1697 (Torlakson-D) and SB 1694 (Torlakson-D).

Chapter 403, Statutes of 2004

SB 1697 (Torlakson-D) Driving under the influence: driver's license sanctions

Consolidates, effective September 20, 2005, the driver's license sanctions with the State Department of Motor Vehicles and removes them from the jurisdiction of the court.

Double-jointed with SB 1694 (Torlakson-D), SB 1541 (Margett-R), SB 1969 (Torlakson-D), AB 3049 (Assembly Transportation Committee), and AB 2666 (Maldonado-R).

Chapter 551, Statutes of 2004

SB 1725 (Knight-R) Parking privileges for disabled persons

Updates and makes clarifying and conforming changes to the provisions relating to parking placards and license plates for the disabled. Extends the authorization for the State Department of Motor Vehicles to issue specified disabled persons or disabled veterans parking privileges.

Chapter 404, Statutes of 2004

SB 1800 (Murray-D) Vehicles: distracting activities

Authorizes the imposition of an infraction penalty on a motorist that engages in a "distracting activity" while operating a motor vehicle.

(Failed passage in Assembly Transportation Committee)

SB 1830 (Aanestad-R) Emergency response costs

Requires a person who is convicted of violating specified Vehicle Code sections and who is in an accident which requires emergency response to pay the reasonable costs of the emergency response up to $12,000.

(Failed passage in Senate Public Safety Committee)

SB 1866 (Aanestad-R) Peace officer motor vehicle pursuit

Repeals the current broad immunity from liability for public agencies and their law enforcement officers when a suspect fleeing a police vehicle pursuit causes injury or death to an innocent third party. Enacts "Kristie's Law" by establishing minimum guidelines and procedures for police vehicle pursuits, as specified, that a public agency must adopt and implement, and its peace officers must adhere to, as a condition of obtaining the liability immunity.

(Died in Senate Judiciary Committee)

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

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

(Died in Assembly Public Safety Committee)

AB 140 (Levine-D) Fleeing a peace officer

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

(Died in Assembly Appropriations Committee)

AB 340 (Frommer-D) Traffic control signal interruptive devices

Prohibits electronic devices for vehicles which are designed to interrupt, pre-empt or override traffic signal lights. Identical to and double-jointed with SB 1085 (Murray-D).

Chapter 338, Statutes of 2004

AB 371* (La Suer-R) Blood test

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

Chapter 14, Statutes of 2004

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

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Senate Transportation Committee)

AB 638 (Longville-D) Vehicles: impoundment

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

(Died in Assembly Public Safety Committee pursuant to Assembly Rule 77.2)

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

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 985 (Vargas-D) Motor vehicle speed contests

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

(Died in Senate Public Safety Committee)

AB 1026 (Levine-D) Driving under the influence

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

(Died in Senate Public Safety Committee)

AB 1314 (Parra-D) Driving offenses

Increases the maximum jail time for a repeat speed contest violation to make a repeat violation causing death or great bodily injury a wobblier.

(Failed passage in Senate Public Safety Committee)

AB 1526 (Dutra-D) Vehicle impoundment

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

(Died in Assembly Transportation Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 1828 (Simitian-D) Vehicles: wireless phones

Prohibits a driver from using a wireless phone while operating a vehicle, unless the phone is specifically designed and configured to allow hands-free operation and is used in that manner.

(Died in Assembly Transportation Committee)

AB 1837 (Maze-R) Vehicles: seizures: exemptions

Requires that vehicles seized for forfeiture because of use in the commission of specified crimes shall be released to the legal owner if the vehicle has been reported stolen or if the registered or legal owner of the vehicle is a rental car agency.

(Failed passage in Assembly Public Safety Committee)

AB 1847 (Koretz-D) Vehicles: removal

Allows trained law enforcement volunteers to remove illegally parked vehicles. Provides for the owners of vehicles removed by volunteers, the same consumer protections that exist under existing law for the owners of vehicles removed by peace officers.

Chapter 371, Statutes of 2004

AB 1938 (Maze-R) Driving under the influence: sanctions

Mandates a sentencing court to require a person convicted of specified driving under the influence of alcohol offenses, with a concentration of alcohol in the person's blood of 0.20 percent or higher to attend a victim impact panel presentation.

(Failed passage in Assembly Public Safety Committee)

AB 1947 (Strickland-R) Vehicles: parking privileges: disabled persons

Authorizes a person who is in the third trimester of pregnancy to apply to the State Department of Motor Vehicles for the issuance of a temporary distinguishing placard for the purpose of obtaining the specified parking privileges.

(Died in Assembly Transportation Committee)

AB 1951 (Benoit-R) Traffic signs or signals

Clarifies the legal status of some regulatory highway signs or signals.

Chapter 203, Statutes of 2004

AB 2001 (Nation-D) Vehicles: school zone fines

Adds Marin County to the list of counties that may adopt the double fine zone for school zone provisions.

(Died in Senate Public Safety Committee)

AB 2139 (Maze-R) Vehicles: child restraint systems

Revises, recasts and conforms current provisions on the use of child passenger restraints and revises provisions governing education programs established for those who violate child restraint requirements.

Chapter 420, Statutes of 2004

AB 2237 (Parra-D) Excessive speed: enhancements: provisions

Increases the penalty for a second conviction for driving at a speed greater than 100 miles per hour within three years to $750. Increases the penalty for a second conviction for driving at a speed greater than 100 miles per hour within five years to $1,500.

Chapter 300, Statutes of 2004

AB 2377 (Longville-D) Vehicles: home study traffic violator schools

Requires the State Department of Motor Vehicles to license home study traffic violator schools (Internet, video, and correspondence).

Vetoed by the Governor

AB 2440 (Shirley Horton-R) Vehicles: speed contests

Increases penalties for repeat violations of engaging in a motor vehicle speed contest on a highway.

(Died in Assembly Appropriations Committee)

AB 2458 (Benoit-R) Traffic violator schools: lesson plans

Reduces the number of instructional minutes required to meet the lesson plan requirements for traffic violator schools.

(Died on Assembly Unfinished Business File)

AB 2568 (Yee-D) Vehicles: traffic violations: fines

Creates a double-fine zone on Route 1 in San Francisco from the intersection of 19th Avenue and Juniper/Sierra Boulevard and ending at the intersection of State Highway Route 1 and Lake Street.

(Failed passage in Assembly Public Safety Committee)

AB 2721 (Laird-D) Highways: Safety Enhancement-Double Fine Zones

Creates three Safety Enhancement-Double Fine Zones in Monterey County.

(Failed passage in Senate Public Safety Committee)

AB 2961 (Benoit-R) Police vehicle pursuit: punishment

Establishes mandatory minimum sentences for persons convicted of evading or fleeing a pursuing peace officer's vehicle.

(Failed passage in Assembly Public Safety Committee)

AB 2997 (Firebaugh-D) Vehicles: smoking: passengers: minors

Makes it an infraction for a person to smoke a pipe, cigar, or cigarette in a vehicle, whether in motion or at rest, in which there is a child passenger who is required to be secured in a child passenger restraining system.

(Refused passage on Assembly Floor)

Other Crimes and Sentencing

SB 195 (Margett-R) Graffiti: punishment

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Natural Resources and Wildlife Committee)

SB 425 (Poochigian-R) Identity theft: penalties

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

(Died at Assembly Desk)

SB 514 (Dunn-D) Crime

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

(Died in Senate Public Safety Committee)

SB 703 (Florez-D) Grand theft: diesel fuel

Specifies that grand theft is committed when diesel fuel of a value exceeding $100 is taken from agricultural property.

(Died in Senate Public Safety Committee pursuant to Senate Rule 29.10)

SB 717 (Battin-R) Child endangerment: penalties

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

(Died in Senate Public Safety Committee)

SB 761 (McPherson-R) Bail services

Requires that an undertaking of bail include the bail agent license number of the owner of the issuing bail agency and other specified information.

Chapter 104, Statutes of 2004

SB 878 (Knight-R) Child pornography

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

(Failed passage in Senate Public Safety Committee)

SB 880 (Ashburn-R) Murder: special circumstances

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

(Died in Senate Public Safety Committee)

SB 884 (Poochigian-R) Crimes: kidnapping

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

(Died in Senate Appropriations Committee)

SB 900 (Florez-D) Harmful matter

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

SB 1203 (Margett-R) Petty theft: crimes against the elderly

Defines a conviction under Section 368, subdivisions (d) or (e) of the Penal Code - any form of theft, embezzlement, fraud or identity theft committed against an elder - as a qualifying prior or current conviction for the alternate felony/misdemeanor of petty theft with a prior theft conviction.

(Failed passage in Senate Public Safety Committee)

SB 1205 (Margett-R) Automatic external defibrillator: vandalism

Prohibits the vandalism of automated or automatic external defibrillators and provides that a violation of the prohibition would be a misdemeanor, except if a person sustains great bodily injury or death as a result of the violation, in which case the violation would be a felony.

(Died in Senate Public Safety Committee)

SB 1207 (Hollingsworth-R) Protected animals

Removes the protection afforded to several of the species listed in Section 653(o) of the Penal Code by stating only products made from species that are "endangered" may be prohibited from importation into the state.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1234 (Kuehl-D) Hate crimes

Redrafts, reorganizes and expands laws relating to hate crimes.

Double-jointed with AB 1920 (La Malfa-R) and AB 2428 (Chu-D).

Chapter 700, Statutes of 2004

SB 1279 (Bowen-D) Identity theft

Generally expands existing requirements regarding consumer notification of data security breaches to include non-electronic data, so that all data containing personal information are covered.

(Died in Assembly Business and Professions Committee)

SB 1305 (Vasconcellos-D) Elder and dependent adult abuse

Requires the Judicial Council of California to establish an elder and dependent adult abuse unit within the Administrative Office of the Courts. Requires the Judicial Council to pursue private funds to support the workload and specifies that the provisions of the bill are to be implemented only if sufficient private funds are available to support the unit.

(Died in Assembly Appropriations Committee)

SB 1330 (Murray-D) Privacy: interception of communications

Prohibits bugging by means of an embedded automotive telematic device.

(Died in Assembly Judiciary pursuant to Assembly Rule 77.2)

SB 1344 (Margett-R) Workers' compensation fraud: State Department of Corrections

Includes the State Department of Corrections among the agencies authorized to request and receive insurance and medical information regarding workers' compensation fraud.

Chapter 490, Statutes of 2004

SB 1361 (Brulte-R) Medi-Cal crimes

Creates a new two-year felony enhancement and a fine of up to $10,000 for any person who falsifies, conceals or covers up a material fact in the investigation of Medi-Cal fraud in the administration of the program.

(Died in Assembly Public Safety Committee)

SB 1385 (Burton-D) Battering and its effects

Allows a writ of habeas corpus in specified domestic violence cases to be brought on offenses that occurred prior to August 26, 1996, rather than January 1, 1992. Replaces the phrase "battered women's syndrome" with "intimate partner battering and its effects."

Chapter 609, Statutes of 2004

SB 1427 (Ackerman-R) Counterfeit drugs

Provides, notwithstanding existing penalties, that any person who initially introduces into commerce a drug that is counterfeit is guilty of a felony, punishable by imprisonment in the state prison, if that action results in the death of a human being. Provides that a person found guilty under the bill shall be subject to economic penalties, including restitution and disgorgement of the proceeds of the violation.

(Died in Senate Public Safety Committee)

SB 1475 (Vasconcellos-D) Elder and dependent adult abuse prevention

Requires the State Attorney General to convene the Elder and Dependent Adult Abuse Prevention and Prosecution Coordinating Council, composed of representatives of various public entities responsible for reporting, investigating, and prosecuting elder and dependent adult abuse cases.

Vetoed by the Governor

SB 1484 (Ackerman-R) Invasion of privacy: surreptitious filming of others

Creates a new disorderly conduct misdemeanor, related to existing crimes, for concealed filming or photographing of a person for the purpose of recording the person in a state of undress, including where a roommate or cohabitant filmed, photographed or recorded the victim. Double-jointed with AB 2403 (Jackson-D).

Chapter 666, Statutes of 2004

SB 1506 (Murray-D) Internet piracy: true e-mail address law: audiovisual

Requires a person who electronically disseminates (e.g., through the Internet) a commercial recording or audiovisual work to include his/her true e-mail address. Defines a misdemeanor crime, with a maximum jail term and fine of one year and $2,500 respectively, where a person fails to make such a disclosure. Defines certain exceptions from the disclosure requirements. Provides that an Internet Service Provider (ISP) does not violate the provisions of the bill. Defines ISP. Contains a severability clause. Sunsets in 2010.

Chapter 617, Statutes of 2004

SB 1516 (Machado-D) State Board of Prison Terms: victim representation

Adds two representatives designated for a particular hearing by the victim or if the victim is deceased or incapacitated, by the next of kin, in writing prior to the hearing, to the list of persons now limited to the victim, next of kin, and two immediate family members of the victim who may provide testimony at or submit statements to the State Board of Prison Terms as it considers parole suitability or the setting of a parole date, as specified. Requires that designated representatives shall be either that person's legal counsel or a family or household member of the victim. Makes related changes in law.

Chapter 289, Statutes of 2004

SB 1522 (Vasconcellos-D) Parole

Requires the State Board of Prison Terms (BPT) to set a parole date for an inmate serving a life term who is eligible for parole unless clear and convincing evidence indicates the inmate presents an unreasonable public safety risk. Requires the BPT to set a release date unless it determines, based upon a comparison of the same crime(s), that the underlying offense(s) are so egregious that public safety demands a more lengthy period of incarceration.

(Died in Assembly Appropriations Committee)

SB 1553 (Perata-D) Exonerated persons

Provides compensation, for goods and services necessary to meet basic needs and successful reintegration into society, to persons who are eligible to present claims after having been pardoned for crimes they did not commit.

(Died in Senate Public Safety Committee)

SB 1640 (Romero-D) Parole

Codifies the terms of the settlement in the case Valdivia v. Schwarzenegger, which requires the state to reform parole revocation processes, including providing parolees with the right to a prompt probable cause hearing and the right to counsel. States legislative intent that California's parole revocation hearing system provide fair and prompt dispositions and encourage the use of alternative remedial sanctions by assuring that revocation procedures are not so delayed and perfunctory as to make revocation easier to impose than remedial sanctions.

(Died in Assembly Appropriations Committee)

SB 1669 (Karnette-D) Sentencing enhancements

Imposes enhanced prison penalties for use of, or being armed with, a deadly weapon or causing great bodily injury during the attempt or commission of certain sex offenses.

(Died in Senate Appropriations Committee)

SB 1710 (Knight-R) Police vehicle pursuits: punishment

Prohibits plea-bargaining in cases where the charge is evading a peace officer.

(Died in Senate Public Safety Committee)

SB 1744 (Dunn-D) Bail: payment of summary judgment

Establishes a new procedure by which a surety or depositor or bail may obtain an additional 180 days following expiration of the original 180-day period following forfeiture. Establishes new requirements for an appeal of an order of forfeiture or summary judgement.

Vetoed by the Governor

SB 1782 (Aanestad-R) Medical crimes

Makes findings and declarations regarding review of cases involving the prescription of pain medication. States the intent of the Legislature that the California District Attorneys Association, on or before January 1, 2006, collaborate with interested parties to develop protocols for the development and implementation of interagency investigations in connection with a physician's prescription of medication to patients. Specifies that the investigation protocol shall be designed to facilitate the timely return of medical records to a physician, as specified.

Chapter 864, Statutes of 2004

SB 1796 (Senate Public Safety Committee) Omnibus Bill

Makes technical changes and corrections to specified Evidence, Government, Health and Safety, Penal, and Welfare Institutions Code provisions.

Chapter 405, Statutes of 2004

SR 44 (Burton-D) California Commission on the Fair Administration of Justice

Establishes the California Commission on the Fair Administration of Justice and sets forth the duties and the members who would constitute the commission.

Adopted by the Senate

AB 46 (Simitian-D) Identity theft

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

(Died in Senate Judiciary Committee)

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

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

(Died in Senate Public Safety Committee)

AB 112 (Goldberg-D) Sentencing: three strikes

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

(Died on Assembly Inactive File)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Assembly Governmental Organization Committee)

AB 239 (Bates-R) Identity theft: minors

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

AB 325 (Cogdill-R) Shoplifting: booster bags

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

AB 549 (Cohn-D) Crime

Makes existing fines, for intentionally throwing an object onto, or entering, a playing field during a professional sporting event, subject to statutory penalty assessments.

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

AB 725 (Bogh-R) Crime

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Agriculture Committee)

AB 854 (Koretz-D) Corrections

Encourages the State Department of Corrections to give program priority to inmates "with a short remaining term of commitment and a release date that would allow hi or her adequate time to complete the program." Double-jointed with AB 1941 (Chan-D) and AB 1946 (Steinberg-D).

Chapter 747, Statutes of 2004

AB 863 (Shirley Horton-R) Violent felonies

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

(Failed passage in Assembly Public Safety Committee)

AB 874 (Wyland-R) Murder: special circumstances

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

(Died in Assembly Public Safety Committee)

AB 904 (Lowenthal-D) Arson: registration

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

(Died in Assembly Public Safety Committee)

AB 911 (Longville-D) Misuse of emergency 911

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

Chapter 295, Statutes of 2004

AB 916 (Samuelian-R) Kidnapping

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Judiciary Committee)

AB 958 (La Suer-R) Kidnapping

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

(Died in Assembly Public Safety Committee)

AB 1046 (Firebaugh-D) Assault on jail employees

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

(Died in Senate Public Safety Committee)

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

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

(Failed passage in Assembly Judiciary Committee)

AB 1153* (Bermudez-D) Crime

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

Chapter 22, Statutes of 2004

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

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

(Died in Assembly Appropriations Committee)

AB 1331 (Wesson-D) Endangered animals: crimes

Provides that prohibition on the importation of products made from kangaroos shall no longer be in effect once the Director of the State Department of Fish and Game receives satisfactory proof that certain measures have been adopted by the appropriate authorities of the Australian government.

(Died in Senate Natural Resources and Wildlife Committee pursuant to Senate Rule 29.10)

AB 1432 (Firebaugh-D) Former jeopardy

Allows a person who has been tried in another country for a crime in California to be tried in California if he/she returns to the state.

Chapter 511, Statutes of 2004

AB 1433 (Spitzer-R) Threats against public officials

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

Chapter 512, Statutes of 2004

AB 1440 (Houston-R) Murder: special circumstances

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

(Failed passage in Assembly Public Safety Committee)

AB 1474 (Runner-R) Loitering: transit facilities

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

(Died in Assembly Public Safety Committee)

AB 1493 (Runner-R) Sex offenses: human remains

Amends the existing felony contained in the Health and Safety Code pertaining to unlawful mutilation, disinterment or removal of remains known to be human, to expressly include within its scope sexual penetration or contract.

Chapter 413, Statutes of 2004

AB 1499 (Liu-D) Child pornography

Provides that computers used for obscenity and child pornography, and computers used to commit lewd conduct with a child and exhibition of harmful mater to a minor with the intent to seduce him/her, are subject to forfeiture, as specified.

Chapter 751, Statutes of 2004

AB 1569 (Firebaugh-D) Smoking in vehicles with minor passengers

Makes it an infraction, commencing January 1, 2006, punishable by a fine of up to $25 for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a child passenger who is required to be secured in a child passenger restrain system. Makes the first violation an infraction that would not be subject to a fine.

(Died in Senate Appropriations Committee)

AB 1692 (Shirley Horton-R) Crime

Expands the scope of the crime of misdemeanor sexual battery.

(Died in Assembly Public Safety Committee)

AB 1792 (Yee-D) Violent video games

Prohibits the sale, rental, distribution, mailing, and exhibition of violent video games to minors.

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

AB 1801 (Pavley-D) Guide dogs

Increases the penalties for interference with, or injury or death to, a guide, signal or service dog or mobility aid.

Chapter 322, Statutes of 2004

AB 1802 (Bogh-R) Illegal dumping: penalties

Increases mandatory fines for unlawful commercial dumping of waste material to $1,000-$3,000 upon a first conviction (currently $500-$1,500), $3,000-$6,000 upon a second conviction (currently $1,500-$3,000), and $6,000-$10,000 upon a third or subsequent conviction (currently $2,750-$4,000).

Chapter 137, Statutes of 2004

AB 1814 (Oropeza-D) Theft: special Penal Code section for cargo theft

Provides, until January 1, 2010, that every person who feloniously steals, takes, or carries away cargo of another, as defined, when the cargo taken is of a value exceeding $400, is guilty of grand theft.

Chapter 515, Statutes of 2004

AB 1826 (Bogh-R) Identity theft

Includes a professional or trade license number in the definition of "personal identifying information" for purposes of the crime of identity theft.

(Died in Assembly Public Safety Committee)

AB 1853 (Simitian-D) Dextromethorphan: minors

Prohibits the sale, without a prescription, of a nonprescription drug containing dextromethorphan to a minor.

(Died on Assembly Inactive File)

AB 1857 (Koretz-D) Animal cruelty: exotic or native wild cat declawing

Makes it a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine of $10,000, or by both, to declaw any cat that is a member of an exotic or native wild cat species.

Chapter 876, Statutes of 2004

AB 1882 (Jerome Horton-D) Criminal gangs

Provides that any person who threatens another person with physical violence on two or more separate occasions within any 30-day period with the intent to coerce, prohibit or otherwise prevent a person from leaving a criminal street is guilty of felony, punishable by imprisonment in the state prison for two, three, or four years.

(Died in Senate Public Safety Committee)

AB 1884 (Spitzer-R) Privacy offenses: immunity

Provides that city attorneys prosecuting on behalf of the people of the State of California under Section 41803.5 have the same authority to record and use communications as any district attorney when they are investigating violations of laws and protect consumers in their interactions in their investigations in the marketplace for the furnishing of goods and services.

Vetoed by the Governor

AB 1907 (Pacheco-R) Aggravated arson

Extends the existing January 1, 2005 sunset for the crime of "aggravated arson" and increases the threshold to $5,650,000 in damages, including the cost of fire suppression.

Chapter 135, Statutes of 2004

AB 1920 (La Malfa-R) Hate crimes: civil rights

Places a reference in Section 442.76 of the Penal Code, defining a misdemeanor for the use of threats or property destruction to intimate another person who is a member of a specified class as to the "free exercise" of the person's rights, to Section 11411 of the Penal Code, defining an alternate felony-misdemeanor for burning a cross or desecrating a religious symbol on the private property of another person in order to terrorize the victim.

Chapter 115, Statutes of 2004

AB 1946 (Steinberg-D) Sentencing

Provides that the court shall have the discretion to re-sentence or recall a prisoners sentence when the prisoner is medically incapacitated by a medical condition that renders him/her permanently unable to move without assistance, permanently unable to perform activities of daily living such as dressing, eating, ambulating, or maintaining personal hygiene without assistance, or permanently ventilator-dependent if the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Makes additions to the procedures required to be completed prior to the recall of a prisoner's sentence for compassionate release.

Vetoed by the Governor

AB 1956 (Wolk-D) Diversion: developmentally disabled defendants

Broadens the application of the current statute authorizing diversion for mentally ill defendants in certain misdemeanor cases to apply to persons with a cognitive developmental disability.

Chapter 290, Statutes of 2004

AB 2016 (Maze-R) Three Strikes: vehicular manslaughter

Adds the offense of vehicular manslaughter to the list of serious and violent felonies and makes it a "strike" for purposes of the "Three Strikes" Law.

(Died in Assembly Public Safety Committee)

AB 2037 (La Suer-R) Alcoholic beverages and controlled substances: minors

Provides the same liability for furnishing or giving alcohol to a person under 21 years of age as there currently is for purchasing alcohol for a person under 21 years of age when the person under 21 drinks the alcohol and proximately causes injury or death.

Chapter 291, Statutes of 2004

AB 2046 (Garcia-R) State computers: obscene matter

Makes it unlawful for any person to use a state-owned or state-leased computer to access, view, download, or otherwise obtain obscene matter, as defined. Does not apply to computers which, consistent with the legitimate needs of law enforcement, contain evidence to be used in a criminal case.

(From printer, never assigned to a committee)

AB 2085 (Montanez-D) Traffic violations at railroad crossings

Adds additional rail-related violations to the list of rail transit-related violations in existing law.

Vetoed by the Governor

AB 2140 (Runner-R) Desert native plants: penalties

Increases the fine for unlawful harvesting of California desert native plants to not less than $1,500 and not more than $2,500, for each violation.

Chapter 421, Statutes of 2004

AB 2191 (Chu-D) Persons found not guilty by reason of insanity

Allows the victim of specified violent acts of a person who was found not guilty by reason of insanity, or the next of kin of a deceased victim, to make a written statement to the director of the treating facility or the court as to whether or not the patient would no longer be a danger to self or others if released on outpatient status.

Vetoed by the Governor

AB 2219 (La Suer-R) Firearms: involuntary manslaughter

Provides that a firearm use enhancement shall not be imposed where the defendant is convicted of the form of involuntary manslaughter in which the defendant killed the victim in the commission of a lawful act that might produce death and that was done in an unlawful manner or without due caution or circumspection, thus creating an exception to the mandatory imposition of a firearm enhancement where the defendant used a firearm in the commission of any felony.

(Died in Senate Public Safety Committee)

AB 2250 (Samuelian-R) Crime

Provides that any person who has been convicted of a felony violation of provisions prohibiting inflicting suffering or pain upon, endangering, assaulting, or inflicting inhumane corporal punishment or injury on a child, who violates of any condition of probation or parole relative to restrictions on physical contact with a child shall be punished by imprisonment in the state prison for two, four, or six years.

(Died in Assembly Public Safety Committee)

AB 2288 (Pacheco-R) Hate crimes

Reduces the amount of damage caused by hate-motivated vandalism to $400 in order for the offense to be a wobbler.

Chapter 780, Statutes of 2004

AB 2321 (Dutton-R) Crime

Expands the existing felony provision for conduct attempting to corruptly influence a juror, as specified, to also include judges.

(Died in Assembly Public Safety Committee)

AB 2383 (Cox-R) Crimes

Provides that any request to a person who is interfering with, or obstructing, any unlawful business establishment open to the public to leave the premises of a business establishment made by the owner or by a peace officer acting at the owner's request shall be effective for 30 days.

(Failed passage in Assembly Public Safety Committee)

AB 2403 (Jackson-D) Crime

Defines a misdemeanor for installation or use of an imaging device in a residence, or allowing such installation or use, in order to surreptitiously view, record or broadcast another person, when this is done without consent or knowledge of the owner or resident and with the intent to violate the person's privacy. Defines a misdemeanor for dissemination of images captured through surreptitious installation or use of an imaging device in a resident. Allows a fine of up to $2,000 for these new crimes.

Vetoed by the Governor

AB 2428 (Chu-D) Hate crimes: release conditions

Requires the court, except where compelling circumstances exist, to issue a protective order for the victim of a hate crime where the defendant is granted probation. Requires a protective order for the victim as a condition of parole for an inmate convicted of a hate crime, except where compelling circumstances exist. Provides specific authority for racial or ethnic sensitivity training, or other related counseling, for probationers and parolees who were convicted of hate crimes. Requires the court in a case where the defendant, charged with a hate crime, is found not guilty by reason of insanity (NGI), to issue a protective order for the victim when the NGI patient is released on outpatient status. Authorizes a court to order a person who was found not guilty of a specified hate crime by reason of insanity to undergo racial sensitivity training or related counseling as a condition of outpatient release.

Chapter 809, Statutes of 2004

AB 2474 (Wolk-D) Elder and dependent abuse

States legislative intent to establish an elder financial abuse reporting and rewards program to assist financial institutions to increase the voluntary reporting of elder and dependent adult financial abuse.

(Died in Senate Judiciary Committee)

AB 2553 (Garcia-R) Invasion of privacy

Increases the penalty from a misdemeanor to an alternate misdemeanor/felony for a first offense of secret videotaping or recording a person under the age of 18. Makes a second offense a felony.

(Died in Assembly Public Safety Committee)

AB 2557 (Koretz-D) Insurance: crime

Increases the misdemeanor penalty for individuals who transact insurance without a license to up to one year in jail or a maximum of $50,000 (or both), requires licensees to report changes in their background information during the time that they are licensed and before renewal, and gives the Commissioner of the State Department of Insurance authority to levy penalties on a provider of continuing education courses found to be out of compliance with regulations, in addition to suspending the certification of the courses.

Chapter 279, Statutes of 2004

AB 2563 (Bogh-R) Crime

Creates a new alternative misdemeanor/felony for a woman to be under the influence of a controlled substance while knowing that she is pregnant. Creates a new crime for child endangerment resulting in the child's death, punishable by imprisonment for life in the state prison and adds this crime to the list of violent felonies.

(Failed passage in Assembly Public Safety Committee)

AB 2611 (Simitian-D) Elder and dependent adult abuse

Increases criminal penalties relating to elder and dependent adult abuse and make them applicable to a person who knows or reasonably should know that the potential victim was an elder or dependent adult. Separates financial abuse from the current statute providing enhanced civil remedies to victims of elder or dependent adult abuse, and applies a preponderance of evidence standard of proof for showing financial abuse, instead of the current "clear and convincing evidence" standard.

Chapter 886, Statutes of 2004

AB 2640 (Cox-R) Disorderly conduct

Creates a new felony for loitering and peeking into inhabited dwellings.

(Failed passage in Assembly Public Safety Committee)

AB 2692 (Dutton-R) Elected public officers: felony conviction

Requires an elected official who is convicted of a felony arising out of his/her official duties to forfeit retirement benefits.

(Died in Assembly Rules Committee)

AB 2694 (Bogh-R) Litter: cigarettes: fines

Increases the fine for littering cigarettes and related items.

(Died in Assembly Public Safety Committee)

AB 2705 (Goldberg-D) Crimes: grand theft

Raises the threshold amounts for grand theft to reflect inflation since these amounts were set in 1982.

Vetoed by the Governor

AB 2735 (McCarthy-R) Internet piracy

Provides that it is a crime, punishable by a fine not exceeding $2,500, imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment for a person who is not the copyright owner to knowingly electronically disseminate a commercial recording or audiovisual work without disclosing his/her true name and address, and the title of the recording or audiovisual work.

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

AB 2914 (Bogh-R) Parole

Provides that the term "last legal residence" would not include the county where an inmate was staying in a homeless shelter or any transitional housing operated for the purpose of temporarily housing the homeless for purposes of parole.

(Died in Assembly Public Safety Committee)

AB 2915 (Firebaugh-D) Endangered species: crimes

Removes the protection afforded to kangaroos under Section 653(o) of the Penal Code by stating that only products made from kangaroo that are listed under the California or federal Endangered Special Act, or the Convention on International Trade in Endangered Species of Wild Fauna and Flora, may be prohibited from importation into the state.

(Failed passage in Senate Natural Resources and Wildlife Committee)

AB 3092* (Jerome Horton-D) Cigarettes

Increase sthe amounts of fines on retailers who fail to post the required notice relative to the appropriate age to purchase tobacco products.

Chapter 822, Statutes of 2004

AB 3095 (Assembly Aging And Long Term Care Committee) Crime

Provides that sentencing courts have discretion to order a person convicted of elder abuse engage in counseling as a condition of probation. Requires financially able defendants to pay for counseling. Double-jointed with AB 2611 (Simitian-D).

Chapter 893, Statutes of 2004

ACR 167 (Richman-R) Condemning hateful acts and beliefs

Condemns various anti-Semitic acts and statements that have occurred outside the United States over the past two years, calls upon the international community to condemn hateful and discretionary remarks, and reaffirms the Legislature's commitment to fighting all forms of hatred and intolerance.

Resolution Chapter 158, Statutes of 2004

AJR 64 (Chu-D) Bias-motivated crimes

Calls upon local, state, and federal law enforcement authorities to work to prevent bias-motivated crimes and to vigorously prosecute all crimes committed against Arab-Americans, Muslim-Americans, South Asian-Americans, and Sikh-Americans. Makes findings and resolutions regarding the contributions of Arab-American, Muslim-American, South Asian-American, and Sikh-American communities to American society.

Resolution Chapter 93, Statutes of 2004

Procedural

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

SB 1473 (Soto-D) Evidentiary privilege: employee assistance professionals

Creates an evidentiary privilege with respect to communications made in the course of an employee assistance professional-client relationship.

(Died in Senate Judiciary Committee)

SB 1794 (Perata-D) Competency to stand trial

Sets standards for the administration of antipsychotic medication to persons found incompetent to stand trial.

Chapter 486, Statutes of 2004

AB 99 (La Suer-R) State Department of Corrections: criminal procedure

Authorizes the State Department of Corrections to arrange for all court appearances that they determine to conduct by two-way electronic audio/video communication, to be conducted in that manner.

Chapter 293, Statutes of 2004

AB 155 (Kehoe-D) Criminal procedure

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

(Died in Senate Public Safety Committee)

AB 543 (Bogh-R) Jurisdiction

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

AB 883 (Runner-R) Records: admissible hearsay

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

Chapter 65, Statutes of 2004

AB 957 (La Suer-R) Obscenity: evidence

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

(Died in Assembly Public Safety Committee)

AB 963 (Bogh-R) Criminal street gangs

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

(Died in Assembly Public Safety Committee)

AB 1050 (Pacheco-R) Criminal proceedings

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

(Died in Assembly Public Safety Committee)

AB 1249 (Pacheco-R) Criminal procedure: subpoenas

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

Chapter 162, Statutes of 2004

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

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

AB 1667 (Kehoe-D) Criminal procedure

Repeals provisions in existing law relative to statutes of limitations on various sex offenses that have been held to be unconstitutional and makes other technical, non-substantive cleanup changes to existing laws.

Chapter 368, Statutes of 2004

AB 1806 (Spitzer-R) Criminal procedure: insanity

Allows a court to summarily deny, without hearing, an application by a person found not guilty by reason of insanity for release on out-patient status unless the director of the state hospital where the person was confined is recommending release.

(Failed passage in Assembly Public Safety Committee)

AB 1894 (Longville-D) Seizure of business records

Establishes a procedure for an entity whose business records have been seized by a government agency, to demand that the agency provide to it within 10 court days, copies of the documents seized.

Chapter 372, Statutes of 2004

AB 1941 (Chan-D) Criminal procedures

Permits arrested persons who are custodial parents to place three phone calls during the booking process in order to make arrangements for the care of their minor children. States legislative intent for law enforcement and county child welfare agencies to develop protocols with local educational, judicial, correctional and community-based organizations for their response to the arrest of a caretaker parent with a minor child.

(Died in Senate Appropriations Committee)

AB 1989 (Mullin-D) Homicide trial costs

Authorizes a county to be reimbursed by the state for 100 percent of its costs associated with a homicide trial if the trial is moved to a location more than 60 miles away from the county seat of that county. (Current law contains a similar provision, effective only for homicide cases in which a final judgment was entered into prior to January 1, 1990.) Delays, for five years, from January 1, 2005 until January 1, 2010, the implementation of the new statutory formula for determining state reimbursement of county homicide trial costs, and the repeal of the current formula.

(Died in Assembly Appropriations Committee)

AB 2011 (Firebaugh-D) Criminal procedure: release on bail

Requires a court to consider the same circumstances that a court must consider after a verdict against a defendant in determining whether to allow a defendant who is not punishable by death and who is not applying for probation or pending appeal to be admitted to or to remain out on bail after a plea of guilty or nolo contendres.

(Died in Assembly Public Safety Committee)

AB 2038 (La Suer-R) Civil bench warrants

Establishes provisions for the execution of civil bench warrants.

(Died in Senate Judiciary Committee)

AB 2143 (Maldonado-R) Closed circuit testimony

Expands the use of testimony taken in another place out of the presence of the judge, jury, defendant, and attorneys and communicated to the courtroom by means of closed circuit television.

(Failed passage in Assembly Public Safety Committee)

AB 2443 (Daucher-R) Tobacco products: minors

Makes changes to the Stop Tobacco Access to Kids Enforcement (STAKE) Act, including the expansion of enforcement authority and increases penalties for the sale of tobacco to minors and for not properly posting STAKE Act warning signs.

(Died in Assembly Governmental Organization Committee)

AB 2819 (Nation-D) Expert witnesses: medical malpractice

Provides that in an action for injury or death against a health care provider based upon alleged professional negligence, the court shall admit expert medical testimony on issues pertaining to the standard of care or practice only from a health care provider who is similarly situated in the same general line of practice or specialty to that of the person about whom the testimony is given.

(Died in Assembly Judiciary Committee)

AB 2829 (Bogh-R) Evidence

Requires that an affidavit in support of a motion to introduce evidence of sexual conduct of the complaining witness be filed under seal.

Chapter 61, Statutes of 2004

AB 2986 (Benoit-R) Search warrants: confidentiality

Provides that if at the time of applying for issuance of a search warrant or any time thereafter, an affiant submits a separate affidavit setting forth facts demonstrating that opening to the public the documents and records of the court relating to the warrant will interfere with or prejudice an ongoing investigation, and the magistrate so finds by clear and convincing evidence, the court shall order that all such documents and records relating to the warrant remain closed to inspection by the public until specified steps have been taken.

(Failed passage in Assembly Public Safety Committee)

AB 3078 (Assembly Judiciary Committee) Procedure: civil actions

Revises the timelines for filing motions in a civil action by requiring a party to serve and file before the time appointed for the hearing, as follows: (1) moving and supporting papers at least 16 court days, instead of the current 21 calendar days, (2) opposing papers at least nine court days, instead of 10 calendar days, and (3) reply papers at least five court days, instead of five calendar days before the hearing.

Clarifies the cutoff date for discovery in civil actions, clarifies the standing of emancipated minors in small claims court, and improves the notice of return for nonpayment or underpayment of filing fees.

Double-jointed with AB 3081 (Assembly Judiciary Committee).

Chapter 171, Statutes of 2004

Juries

SB 307 (Ackerman-R) Grand juries

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

(Died in Senate Judiciary Committee)

SB 1102* (Senate Budget And Fiscal Review Committee) Jurors pay

Prohibits payment of the $15 juror fee to a juror who is employed by a federal, state, or local government entity who continues to receive regular compensation and benefits while on jury duty. (The budget assumes $2.3 million in General Fund savings resulting from the elimination of juror pay for government employees.

Chapter 227, Statutes of 2004

SB 1673 (Romero-D) Grand juries: selection

Provides that if a judge rejects a person from serving on a grand jury, the judge shall issue a written explanation of the reason for the rejection. Deletes the provisions of law giving a judge the authority not to select names from the list prepared by the jury commissioner.

(Died in Senate Judiciary Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Failed passage in Assembly Local Government Committee)

AB 473* (Correa-D) Jurors

Provides for the new crime of unlawful juror conduct, a misdemeanor that proscribes, without time limitation, (1) the conferring by a party in a criminal case, or the acceptance by a former juror in that criminal case, of a payment or benefit to the former juror in consideration for specified services to the party relating to the case, and (2) the entry into an agreement between a former juror and a party to the proceeding in which the juror served that precludes the former juror from discussing the case with any other party to that proceeding, or with any agent of another party to the proceeding.

(Died in Senate Rules Committee)

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

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Judiciary Committee)

AB 1978 (Haynes-R) Jurors: exemptions

Exempts all single parents and guardians with "sole custody" of one or more children under the age of 6, and parents in two parent families who stay home to care for one or more children under the age of 6, from having to complete their civic duty of jury service, regardless of the particular demonstrated needs or hardships facing them.

(Died in Assembly Judiciary Committee)

AB 2253 (Mountjoy-R) Jurors: exemptions

Exempts all Californians who reach the age of 75 from having to complete their civic duty of jury service, regardless of the specific needs or hardships facing a particular juror.

(Died in Assembly Judiciary Committee)

AB 2271 (Parra-D) Correctional officers: jury exemption

Exempts correctional officers employed by the State Department of Corrections from jury service in criminal and civil matters.

(Died in Senate Public Safety Committee)

Juvenile Justice

SB 222 (Margett-R) Juvenile justice: punishment

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Health and Human Services Committee)

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

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

(Failed passage in Senate Public Safety Committee)

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

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

Chapter 120, Statutes of 2004

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

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

(Died in Senate Public Safety Committee)

SB 449 (Escutia-D) Wards: education

Requires the court to take the educational needs of a minor into consideration when determining the disposition of the minor or when making any other orders related to the care of the minor, and requires probation officers to consider educational needs in placement as well as taking care of the work associated with either ensuring the individual remains in the current school program or is transferred to another program with the associated terms of transferring the individual.

Vetoed by the Governor

SB 519 (Vasconcellos-D) Nonviolent drug possession

Provides, commencing July 1, 2005, that when a State Department of the Youth Authority (DYA) parolee commits a nonviolent drug possession offense, he or she shall be given drug treatment in his or her community of residence, rather than being returned to confinement in the DYA. Directs the DYA to fund drug treatment by redirecting savings realized from not returning individuals to DYA facilities. Provides that subsequent funding will be provided through the annual Budget Act.

Vetoed by the Governor

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

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

(Died in Senate Judiciary Committee)

SB 815* (Alpert-D) Claims against the state

Appropriates $1 million from the General Fund to the State Department of the Youth Authority to settle the Baker v. Armstrong lawsuit. The plaintiffs were the husband and adult daughter of a youth correctional counselor who was killed by an inmate.

Chapter 541, Statutes of 2004

SB 1151 (Kuehl-D) Juvenile crime

Clarifies the definition of the "circumstances and gravity of the offense" for purposes of evaluating the fitness of a minor for juvenile court jurisdiction.

Vetoed by the Governor

SB 1178 (Kuehl-D) Dependent children: parenting

Requires county child welfare agencies, to the greatest extent possible, to support whole family placements in foster care for dependent minor parents and their children. Encourages the State Department of Social Services and local child welfare agencies, in consultation with other interested stakeholders, to collect information to be used to develop a more cost-effective infant supplemental payment rate structure that more adequately reimburses caregivers for the costs of infant care and teen parent mentoring.

Chapter 841, Statutes of 2004

SB 1223 (Kuehl-D) Criminal law: juveniles

Authorizes a court to review, and suspend or reduce, the sentence of a person convicted as a minor in adult criminal court and sentenced to state prison after the person has either served 10 years or attained the age of 25.

(Died in Assembly Appropriations Committee)

SB 1285 (Margett-R) Juvenile court: criminal history reporting

Expands existing law to include "criminal history" as a use for the juvenile justice system data collected by the State Department of Justice (DOJ), and allows this data to be used by the DOJ to comply with the requirements of Section 602.5 of the Welfare and Institutions Code, which requires the DOJ to retain and make available juvenile court-reported criminal history information.

Chapter 154, Statutes of 2004

SB 1373 (Oller-R) Placement of minors

Requires that if a minor who has been adjudged a ward of the juvenile court is placed in a licensed group home, the minor shall be placed in a group home located in the county of the court which authorized the probation officer or other county employee to make that placement, unless a specified exception applies. Authorizes specified persons to seek injunctive relief if a minor is placed in a group home in violation of that provision.

(Died in Senate Public Safety Committee)

SB 1642 (Romero-D) State Department of the Youth Authority: education

Requires the State Department of the Authority (DYA) to develop the Transitional Treatment and Reintegration Placement (TTRP) program to provide services to wards, including drug training, community service, and restitution. Provides that absent a determination that a TTRP placement is contrary to the best interests of a ward or public safety, a ward would be place in a public or private, unlocked group home, or another appropriate placement option, consistent with the ward's individual TTRP plan, 180 days prior to release from the DYA.

(Died in Assembly Appropriations Committee)

SB 1649* (Denham-R) Restitution: juvenile offenders

Requires the Director of the State Department of Corrections (DOD) to collect restitution ordered on former wards of the State Department of the Youth Authority. Provides that payment of these restitution fines are a condition of parole. Requires the Director of DOC to collect from the parolee any monies owing on the restitution fine amount, unless prohibited by federal law, and to transfer that amount to the California Victim Compensation and Government Claims Board for deposit in the Restitution Fund in the State Treasury.

(Died in Senate Public Safety Committee)

SB 1752 (Battin-R) State Department of the Youth Authority: closures

Authorizes the Director of the State Department of General Services to sell, exchange, lease, or transfer two specified parcels of state property: the Northern California Youth Reception Center and Clinic in Sacramento and the Fred C. Nelles Correctional Facility in Whittier.

Chapter 925, Statutes of 2004

Similar legislation was AB 1842 (Calderon-D) and AB 2508 (Bermudez-D), which died in Assembly Appropriations Committee.

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

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

Chapter 20, Statutes of 2004

AB 129 (Cohn-D) Juvenile court: dual status children

Authorizes a county's probation department and child welfare department to create a dual status protocol for a minor who is both a dependent child and a ward of the juvenile court.

Chapter 468, Statutes of 2004

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

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

(Died in Assembly Health Committee)

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

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

(Died in Assembly Judiciary Committee)

AB 1817 (Maze-R) Juvenile records: access

Allows current members of the Legislature to be automatically authorized without a court order to inspect a juvenile case file that pertains to a deceased dependent child.

(Died in Assembly Judiciary Committee)

AB 1948 (Aghazarian-R) Placement of minors: group homes

Authorizes probation offices to share information with other law enforcement officers in their jurisdiction about delinquent wards from other counties who are place in local group homes.

Chapter 375, Statutes of 2004

AB 2005 (Aghazarian-R) Community care facilities: group home programs

Ensures that a host county receives notice from a placing county, and has the opportunity to respond, when a placing county recommends to the State Department of Social Services (DSS) that DSS establish a rate for a new group home program or a new location for an existing group home.

Double-jointed with SB 1104 (Senate Budget and Fiscal Review Committee) regarding the Budget Act of 2004.

Chapter 656, Statutes of 2004

AB 2019 (Steinberg-D) Mentally and developmentally disabled minors

Creates a procedure in certain counties for a minor who is within the jurisdiction of the juvenile court to be evaluated for a mental or emotional disturbance or a developmental disability.

(Died on Senate Inactive File)

AB 2083 (Ridley-Thomas-D) Juvenile offenders

Authorizes Los Angeles County to establish a three-year pilot project, "implemented" by the Los Angeles County Probation Department, and overseen and funded by the State Department of the Youth Authority, focusing on reintegrating youthful offenders into Los Angeles County.

(Died in Assembly Appropriations Committee)

AB 2228 (Garcia-R) Minors: release of information

Facilitates the sharing of information between the family law and probate law courts in guardianship proceedings, and the sharing of information between the family law and probate law courts and juvenile court in the latter court's proceedings, with regard to a child who is the subject of those proceedings and in order to assist the court in making a determination that is in that child's best interest. Exempts specified confidential information from this requirement to share information and provides that the records shared may not be disclosed unless the agency that originated the records or the court grants a request for the release of those records. Requires certain information to be released by specified courts to a court-connected or court-appointed evaluator, a court-appointed investigator in a guardianship proceeding, or to a child protective services worker or juvenile probation officer in a juvenile court proceeding. Double-jointed with AB 1704 (Assembly Judiciary Committee).

Chapter 574, Statutes of 2004

AB 2319 (Mullin-D) Juvenile court records

Authorizes the San Mateo County Board of Supervisors to establish, by resolution, a demonstration project permitting the exchange of information concerning a juvenile, as specified. The project includes an evaluation of the impact of the demonstration project, as specified, and will not exceed three years, except as specified.

(Died in Senate Judiciary Committee)

AB 2502 (Keene-R) Dependent children: psychotropic medications

Establishes a timeline for submission to the court of requests for authorization to administer psychotropic medication to a dependent child, and within which the court must grant, deny or set for hearing such a request.

Chapter 329, Statutes of 2004

AB 2627 (Steinberg-D) Dependency proceedings: open court and public access

Requires the Judicial Council of California to establish a pilot project in each of three counties (rural, midsize, large) to gather statistical data on open hearings and measure specified effects of the opening of juvenile dependency court proceedings.

(Died in Senate Judiciary Committee)

AB 2807 (Steinberg-D) Minors

Makes corrections to AB 408 (Steinberg-D), Chapter 813, Statutes of 2003, that were inadvertent errors made in drafting last-minute amendments. Conforms amendments that were made in some sections but not in other related sections, clarifying that certain requirements of AB 408 apply only to a child who is 10 years of age or older and has been in out-of-home placement in a group home (and not all non-relative care) for six months or longer from the date the child entered foster care. Clarifies that the mandate for a visitation order or finding of detriment applies when the juvenile court establishes a permanent plan of either a guardianship or long-term foster care.

Chapter 810, Statutes of 2004

ACR 191 (Leno-D) Firefighters

Honors the firefighters of the State Department of Corrections, the State Department of the Youth Authority and the staff of the State Department of Forestry and Fire Protection for their efforts during the "Fire Sieges of 2003."

Resolution Chapter 56, Statutes of 2004

Corrections

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

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

(Failed passage in Senate Health and Human Services Committee)

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

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

(Died in Senate Public Safety Committee)

SB 48 (McPherson-R) Prisons

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

(Died in Assembly Public Safety Committee)

SB 84* (Vasconcellos-D) Drug treatment

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

(Died on Assembly Inactive File)

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

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

(Died in Senate Public Safety Committee)

SB 260 (Romero-D) Inmates: health care

Creates the California Prison Inmate Health Service Reform Act and authorizes the State Department of Correction to enter into joint powers agreements with one or more health care districts in order to establish regional inmate health service joint powers agencies. Establishes the purposes for which inmate health service joint powers authorities may be utilized.

Chapter 310, Statutes of 2004

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

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

(Died in Senate Public Safety Committee)

SB 404 (Florez-D) Inmate medical records

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

(Died in Senate Appropriations Committee)

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

Requires, commencing January 1, 2007, that any person convicted of any offense that makes him/her a sex offender or any offense that imposes upon a person the duty to register in California as a sex offender, or any person who is found not guilty by reason of insanity of any of those offenses, regardless of sentence imposed or disposition rendered, provide two specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of each hand for law enforcement identification analysis.

(Died in Assembly Public Safety Committee)

SB 941 (Bowen-D) Punishment: narcotic addicts

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

(Died in Senate Public Safety Committee)

SB 1102* (Senate Budget And Fiscal Review Committee) Corrections

Requires that hospitals that do not contract with State Department of Corrections (DOC) or the State Department of the Youth Authority (DYA) for emergency health care services shall be reimbursed only for reasonable and allowable costs, defined as Medicare costs. Requires that ambulance services to the DOC or DYA that do not contract shall be reimbursed at Medicare rates. (The budget assumes $3.4 million in savings related to these changes.) Requires DOC, where feasible, to enter into separate procurement contracts for the purchase and development of the hardware and the software for the Business Information System (BIS) project, and requires that the BIS project be developed to allow integration with other statewide financial and personnel systems.

Chapter 227, Statutes of 2004

SB 1164 (Romero-D) Media access to prisoners

Overrides by statute, the 1996-97 regulations adopted by the State Department of Corrections (DOC) which deletes media from inmate confidential communications authorization which had previously been allowed by regulation, and limits new media personal prisoner interviews to random only (while otherwise touring an institution), unless the media person visits or contracts the inmate using the same means as any member of the public (through monitored phone calls, non-confidential correspondence, or visits with restrictions on use of writing materials and a prohibition on recording devices and cameras). Provides that it is forbidden for the DOC to retaliate against an inmate for participating in a visit by a representative of the news media.

Vetoed by the Governor

SB 1223 (Kuehl-D) Criminal law: juveniles

Authorizes a court to review, and suspend or reduce, the sentence of a person convicted as a minor in adult criminal court and sentenced to state prison after the person has either served 10 years or attained the age of 25.

(Died in Assembly Appropriations Committee)

SB 1287 (Kuehl-D) Families and Children of the Incarcerated Act

Enacts the Families and Children of the Incarcerated Act.

Vetoed by the Governor

SB 1342 (Speier-D) State Inspector General

Fixes the State Inspector General's (IG) term at six years and subject his/her appointment to Senate confirmation. Deletes provisions regarding investigations of employees of the Youthful Offender Parole Board. Establishes basic requirements and protocols for Office of the Inspector General investigations. Requires, rather than authorizes, the IG to investigate a case of retaliation. Requires the IG to develop a methodology for producing a workload budget.

Chapter 733, Statutes of 2004

SB 1352 (Romero-D) Inspector General: Youth and Adult Correctional Agency

Expands the access of the Office of the Inspector General (OIG) to documents and materials pertaining to Youth and Adult Correctional Agency personnel and internal investigations. Authorizes the OIG to redact certain personal or identifying information in those investigations and audits available to the public. Requires written reports of an audit by the OIG to be posted on their web site within 10 days, rather than 30 days. Provides that reports in cases of possible criminal prosecution be made public when discovery has been provided to the defendant, rather than within 30 days of a verdict being rendered. Requires the State Inspector General to post reports summarizing disciplinary costs on its web site.

Chapter 734, Statutes of 2004

SB 1399 (Vasconcellos-D) Inmate evaluation and rehabilitation

Requires that the State Department of Corrections evaluate each inmate and implement a program that addresses the psychosocial, educational, and vocational needs of the inmate in order to prepare him/her to lead a constructive life upon release.

Vetoed by the Governor

A companion measure was SCA 8 (Vasconcellos-D) which died in the Assembly Appropriations Committee.

SB 1400 (Romero-D) State Department of Corrections: employee discipline

Creates the Bureau of Independent Review within the Office of the Inspector General and specifies reporting requirements on matters pertaining to internal affairs investigations conducted by the State Department of Corrections and the State Department of the Youth Authority.

Chapter 736, Statutes of 2004

SB 1426 (Ducheny-D) State Department of Corrections: drug utilization

Requires the State Department of Corrections to adopt policies and procedures regarding medication utilization protocols based on best practices and the use of generic and therapeutic substitutes.

Chapter 383, Statutes of 2004

SB 1431 (Speier-D) State Department of Corrections: code of conduct

Requires the Director of the State Department of Corrections and the Director of the State Department of the Youth Authority to (1) adopt a code of conduct for all employees of the department, (2) ensure all employees are informed of services available to them who have reported improper activities, and (3) provide for the development and implementation of a disciplinary matrix with offenses and associated punishments. Provides that the disciplinary matrix would apply to all employees of the respective department and would be consistent statewide.

Chapter 738, Statutes of 2004

A companion measure was SCA 8 (Vasconcellos-D) which died in the Assembly Appropriations Committee.

SB 1468 (Speier-D) Correctional facilities

Establishes a Recidivism Reduction Commission (commission) until Jan. 1, 2015, to set goals to reduce recidivism and to implement a recidivism reduction facilities program to be administered by the State Department of Corrections (DOC). Requires the commission to create a task force with the State Department of Housing and Community Development and willing local governments to address homelessness and recidivism. Requires annual audits of recidivism reduction efforts by the Bureau of State Audits and various reports to the Legislature by the commission and DOC.

(Died in Senate Appropriations Committee)

SB 1608 (Karnette-D) Foreign prisoner transfers

Makes changes and additions to the requirements for the State Department of Corrections pertaining to the foreign prisoner transfer program.

Chapter 924, Statutes of 2004

SB 1660* (Poochigian-R) Prisons: worktime credit

Requires the State Department of Corrections, in collaboration with specified organizations, to determine how to best encourage inmates to complete educational, vocational, and substance abuse programs.

(Died in Assembly Appropriations Committee)

SB 1676 (Romero-D) Prisoners

Requires the State Department of Corrections (DOC) and the State Department of the Youth Authority (DYA) to collect specified data regarding lockdowns and requires the DOC and the DYA to post the information to the respective department's web site.

Vetoed by the Governor

SB 1708 (Margett-R) Prisoners: medical testing

Deletes the sunset for the provisions governing medical testing of prison inmates for HIV and AIDS when requested by specified persons who have been exposed to bodily fluids of inmates.

(Died on Assembly Third Reading File)

SB 1715 (Poochigian-R) Recidivism risk assessment

Requires the State Department of Corrections (DOC) to adopt science-based public safety/recidivism risk assessment tools for prison inmates and parolees, phasing in their use with inmates who are slated for release on parole within two years of the bill's effective date. Requires DOC to adopt regulations to implement the bill's provisions and to report to the Legislature and the Governor within 60 days on any statutory changes needed to improve the effectiveness and efficiency of the state's prison and parole system.

(Died in Senate Appropriations Committee)

SB 1731 (Romero-D) Corrections: investigations: disclosure

Prohibits specified correctional agencies from disclosing or entering into a correctional officer's personnel file any official information gathered during an investigative process deemed to be confidential or privileged under any other provision of law.

(Failed passage on Assembly Floor)

SCA 8 (Vasconcellos-D) Prisoners: rehabilitation

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

(Died in Assembly Appropriations Committee)

A companion measure was SB 1399 (Vasconcellos-D) which was vetoed by the Governor.

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

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

Chapter 1, Statutes of 2004

AB 6 (Cohn-D) Public contracts: medical care services

Prohibits the State Department of Corrections from entering into a contract for medical care services without seeking competitive bids pursuant to the contract for services law under the state acquisition of goods and service law.

Vetoed by the Governor

AB 84 (Levine-D) Candidates for President: felons

Prohibits felons in prison or on parole from being recognized as candidates for the presidency or from being included by the Secretary of State as candidates upon the presidential primary ballot for any party.

(Died in Senate Elections and Reapportionment Committee)

AB 168 (Maze-R) Imprisonment

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

(Died in Assembly Public Safety Committee)

AB 191* (Cogdill-R) Conservation camps

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

(Died in Assembly Appropriations Committee)

AB 230 (Leno-D) State Department of Corrections: telephone service contracts

Requires any contracts to provide phone service to state prison inmates and State Department of the Youth Authority wards to be negotiated to provide the lowest possible costs to wards and inmates, with a proviso that service contracts cover state expenses and provide a reasonable profit margin for the vendor. Specifies that state profits must not be a basis for awarding a contract.

(Died in Assembly Appropriations Committee)

AB 280 (Maldonado-R) Imprisonment: parole hearings

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Health Committee)

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

Requires, commencing July 1, 2005, that the Directors of the State Department of Corrections (DOC) and the State Department of the Youth Authority (DYA) adopt regulations prohibiting the possession of tobacco products in all DOC and DYA institutions. Makes related changes in law.

Chapter 798, Statutes of 2004

AB 440 (Maldonado-R) Parole hearings

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

AB 912 (Reyes-D) Prisoners: restitution

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

(Died in Assembly Public Safety Committee)

AB 994 (Cox-R) Prison beds

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

(Died in Assembly Local Government Committee)

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

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

Vetoed by the Governor

AB 1146 (Runner-R) Parole

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

(Failed passage in Assembly Public Safety Committee)

AB 1306* (Leno-D) Drug treatment under Proposition 36 (November 2000)

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

Chapter 30, Statutes of 2004

AB 1341 (Bermudez-D) Corrections: health care

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

(Died in Assembly Public Safety Committee)

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

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

(Failed passage in Senate Public Safety Committee)

AB 1504 (Spitzer-R) Release

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

Chapter 628, Statutes of 2004

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

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

Chapter 297, Statutes of 2004

AB 1533 (Bermudez-D) Drug treatment furlough program

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

(Died in Assembly Appropriations Committee)

AB 1803 (Bermudez-D) Pregnant inmates: children

Declares the findings and intent of the Legislature, and provides a procedure for the placement of infants born to women incarcerated in state prison or State Department of the Youth Authority facilities, as specified, including the evaluation of certain potential caretakers by county social welfare departments.

(Died in Assembly Human Services Committee)

AB 1865 (Spitzer-R) Parole: employment of parolees

Prohibits the State Department of Corrections (DOC) and any employee or contractor providing job placement services on behalf of the DOC from referring a parolee to any place of employment inconsistent with an employment restriction attached to the parolee to any place of employment inconsistent with an employment restriction attached to the parolee by reason of the nature of his/her criminal history and to provide that a violation by the DOC shall result in the forfeiture of $1,000 of the moneys appropriated for the support of the DOC in the state budget for that year.

Vetoed by the Governor

AB 1866 (Leno-D) State prisons: news media

Requires that the State Department of Corrections permit representatives of the news media, as specified, to visit prisoners in person during a prisoner's regular visitation hours, subject to the normal friends' and relatives' visiting approval process, except as provided. Provides that no prisoner or parolee may have his/her visitation limited or revoked because of a visit or potential visit from a representative of the news media, nor may a prisoner or parolee be punished, reclassified, disciplined, or transferred to another prison against his/her wishes, for participating in a visit by a representative of the news media.

(Died in Senate Public Safety Committee)

AB 1901 (Ridley-Thomas-D) Ex-Offender Literacy Act

Expands the definition of success in an existing probation education pilot program to include improvement of academic performance by three grade levels. Names Section 1203.1abc of the Penal Code the "Ex-Offender Literacy Act."

Chapter 74, Statutes of 2004

AB 1914 (Montanez-D) Prison Education Reform Act

Enacts the Prison Education Reform Act, creating the 15-member Robert E. Burton Correctional Education Committee and requires it, in conjunction with the State Department of Corrections' Deputy Director of Correctional Education, to develop and implement a plan to provide prison inmates with reasonable expectations of release with access to enhanced educational and vocational programs.

Vetoed by the Governor

AB 2058 (La Suer-R) Corrections Training Fund

Specifies that funds in the Corrections Training Fund (CTF), upon appropriation by the Legislature (rather than by continuous appropriation) may be used for grants to local governments, in addition to the currently allowable use for correctional officer and probation officer standards, training and program evaluation. Requires the State Board of Corrections (BOC) to annually allocate funds from the CTF to eligible local government applicants for officer selection and training. Requires that any city or county shall, rather than may, adhere to BOC standards for selection and training of correctional and probation officers if it receives state aid.

(Died in Assembly Appropriations Committee)

AB 2105* (Assembly Budget Committee) Corrections

Directs the Bureau of State Audits to perform a multi-year audit of the State Department of Corrections and the State Department of the Youth Authority.

(Died on Senate Third Reading File)

AB 2329 (Corbett-D) Prisoners: local costs

Revises the formula for reimbursing counties for housing state prisoners in city or county detention facilities.

(Died in Assembly Appropriations Committee)

AB 2475 (Wolk-D) Emergency health care

Requires the State Department of Corrections (DOC) and the State Department of the Youth Authority (DYA) to pay hospitals, which have not contracted to provide emergency medical services to inmates, for the reasonable and allowable costs of such services when they are required to provide them under federal law. Authorizes DOC and DYA to contract with providers of emergency health care services if they choose to do so.

(Died in Senate Appropriations Committee)

AB 2586 (Houston-R) Contra Costa County Prisoner Education Program

Establishes a program in Contra Costa County whereby specified persons shall have their sentences reduced for successfully participating in basic education and vocational training programs.

(Died on Senate Inactive File)

AB 2641 (Cox-R) Prisoners: local cost reimbursements

Requires the State Controller to pay interest upon reimbursement claims filed by cities and counties for costs incurred in connection with state prisons and prisoners, if the payment is made more than 60 days after receipt of a reimbursement claim.

(Died in Assembly Appropriations Committee)

AB 2742 (Mountjoy-R) Prisons: medical treatment

Provides that if an individual housed by the State Department of Corrections (DOC) or the State Department of the Youth Authority (DYA) is given a diagnosis and recommendation for treatment by a physician outside a DOC or DYA facility, as specified, and if a decision is made to deny or modify the recommended treatment, that decision shall be communicated in writing to the physician recommending the treatment and to the patient. Prohibits non-physician prison staff from interfering with the delivery of treatment unless imminent risks require alternate or modified procedures.

Vetoed by the Governor

AB 2796 (Mountjoy-R) Prisons: administration

Forbids the State Department of Corrections to authorize any schedule that provides for overtime compensation for a state correctional officer, except when the Governor, by proclamation that has been issued or extended within the prior three days, declares a temporary state of emergency due to institutional disruption or other urgent institutional prerogatives. States that this provision does not limit the extension of a shift after it commences due to unforeseeable, incident specific staffing requirements that arise during that shift.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 2815 (Hancock-D) Prisoners

Requires the State Department of Corrections (DOC) to establish three pilot programs to help parolees reintegrate into society in three unspecified counties. (Specifies that Alameda County be considered by the DOC.) Specifies only that the pilot programs provide copies of a parolee's pre-release parole plan to local law enforcement 90 days prior to release, and that DOC report to the Legislature on the usefulness of providing such information, in addition to the value of whatever services are utilized by the pilot program parolees.

(Died in Assembly Appropriations Committee)

AB 2897* (Bogh-R) Prisoners: medical testing

Expedites the process by which an inmate be required to test for HIV by reducing existing statutory procedural timelines as they relate to the appeals process. Repeals the legislative sunset of January 1, 2005 for this program that is contained in current law.

Chapter 953, Statutes of 2004

AB 2946 (Goldberg-D) Clergy access to correctional facilities

Prohibits correctional facilities from denying clergy members access to a facility because the clergy member lodges a complaint about the behavior of the staff or the operation of the facility, assists in efforts to modify the functions of the facility, or provides information to the public, including the media, on any aspect of the operation of the facility, provided the information does not create a clear and present danger to the safety and security of the facility, staff, inmates, or the public through a violation of facility rules, or violates state or federal law.

Vetoed by the Governor

ACR 191 (Leno-D) Firefighters: State Department of Corrections

Honors the firefighters of the State Department of Corrections, the State Department of the Youth Authority and the staff of the State Department of Forestry and Fire Protection for their efforts during the "Fire Sieges of 2003."

Resolution Chapter 56, Statutes of 2004

Victims' Rights

SB 37* (Dunn-D) Victims of wrongful or coerced repatriation

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

Vetoed by the Governor

Identical to SB 1714 (Dunn-R), which died in Senate Judiciary Committee.

SB 427 (Dunn-D) Mexican repatriation: commission

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

Vetoed by the Governor

SB 631* (McPherson-R) Victims of Crime Program

Makes a number of specified changes to the Penal Code relating to the Victim Compensation Program in order to recoup more restitution fines for the Restitution Fund.

Chapter 223, Statutes of 2004

SB 1516 (Machado-D) State Board of Prison Terms: victim representation

Adds two representatives designated for a particular hearing by the victim or if the victim is deceased or incapacitated, by the next of kin, in writing prior to the hearing, to the list of persons now limited to the victim, next of kin, and two immediate family members of the victim who may provide testimony at or submit statements to the State Board of Prison Terms as it considers parole suitability or the setting of a parole date, as specified. Requires that designated representatives shall be either that person's legal counsel or a family or household member of the victim. Makes related changes in law.

Chapter 289, Statutes of 2004

SB 1533 (Bowen-D) Domestic violence: Office of Victim Services

Establishes the Office of Victim Services, consolidates and regulates programs currently administered by the State Department of Health Services relating to victims of domestic violence, and establishes regulatory guidelines for the administration of those programs.

(Died in Assembly Public Safety Committee)

SB 1613 (Battin-R) Victim notification: correctional employees

Provides that, with respect to a defendant convicted of a felony assault on a correctional employee, whether that assault took place while the correctional employee was on or off duty, the incarcerating agency shall notify the victim prior to moving the defendant to or from a correction facility at which the victim may be assigned or in attendance in the course of his or her correctional employment, and prior to releasing the defendant.

(Died in Senate Public Safety Committee)

SB 1649* (Denham-R) Restitution: juvenile offenders

Requires the Director of the State Department of Corrections to collect restitution ordered on former wards of the State Department of Youth Authority. Makes payment of these restitution fines a condition of parole. Requires the director to collect from the parolee any monies owing on the restitution fine amount, unless prohibited by federal law, to transfer that amount to the California Victim Compensation and Government Claims Board for deposit in the Restitution Fund in the State Treasury. Provides that if the restitution is owed to a person who has filed an application with the Victims of Crime Program, the director shall transfer that amount to the California Victim Compensation and Government Claims Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program.

(Died in Senate Public Safety Committee)

SB 1714 (Dunn-D) Victims of wrongful or coerced repatriation

Authorizes a victim of unconstitutional, wrongful, or coerced repatriation, defined as any United States citizen or legal resident of Mexican descent who was coerced, forced, or falsely induced to emigrate from California during the period from 1929 to 1944, inclusive, or the victim's heir or beneficiary, to bring a legal action to recover damages in any court of competent jurisdiction in this state.

(Died in Senate Judiciary Committee)

Identical to SB 37 (Dunn-R), which was vetoed by the Governor.

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

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

Chapter 1, Statutes of 2004

AB 20 (Lieber-D) Victims of crime

Provides protections to dependent persons in court, makes failure to report abuse a continuing offense if the reporter conceals his/her failure to report, and creates a jury instruction to be used when a dependent person is a witness. Reframes an existing felony crime prohibiting lewd and lascivious acts against dependent adults to prohibit these acts against dependent persons.

Chapter 823, Statutes of 2004

AB 101 (La Suer-R) Restitution

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

(Died on Assembly Inactive File)

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

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

Chapter 3, Statutes of 2004

AB 1760 (Jackson-D) Victims of crimes

Specifies attorneys fees that may be awarded in specified cases of victim compensation.

(Died in Assembly Public Safety Committee)

HR 47 (Spitzer-R) National Crime Victims' Rights Week

Designates April 18 to April 24, 2004 as National Crime Victims' Rights Week.

Adopted

Weapons

SB 35 (Scott-D) Firearms: ballistic identification

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

(Died in Senate Public Safety Committee)

SB 166* (Scott-D) Firearms

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

(Died in Senate Judiciary Committee)

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

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

(Died in Senate Public Safety Committee)

SB 231* (Scott-D) Firearms

Establishes an entertainment firearms permit, to be issued by the State Department of Justice, authorizing the holder to possess firearms for use as props in motion picture, television, video, theatrical, or other entertainment productions. Establishes fees for application and renewal of the permit and makes certain false statements on this permit application a misdemeanor.

Chapter 606, Statutes of 2004

SB 357 (Perata-D) Firearms

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

(Died in Senate Public Safety Committee)

SB 435 (Knight-R) Concealed handgun licenses

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

(Died in Assembly Public Safety Committee)

SB 601 (Perata-D) .50 caliber handguns

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

(Died in Senate Appropriations Committee)

SB 1140 (Scott-D) Firearms: minors

Amends criminal storage of firearm laws to add a new misdemeanor crime for keeping a handgun where a person knows or reasonably should have known a child is likely to gain access to it, and does. Creates a new alternate misdemeanor/felony in Penal Code Section 12035 for a storage of a firearm in proximity to ammunition.

Vetoed by the Governor

SB 1152 (Scott-D) Handgun ammunition

Changes the law regarding prohibited ammunition sales to persons under 18 and 21 years of age by deleting "knowing that person to be" under the minimum age for rifle and handgun ammunition and adding "reasonable" as a modifier to the existing defense for prohibited sales of "reliance" on "bona fide evidence of majority and identity," as specified. Requires that all vendors of ammunition maintain specified information pertaining to purchasers on a form prescribed by the State Department of Justice (DOJ), with such information maintained for two years and available during regular business hours to law enforcement with violations by vendors punishable as a misdemeanor. Defines "vendors" and provides that specified employees of DOJ and district attorneys have access to a vendors records during normal business hours. Double-jointed with SB 1140 (Scott-D).

Vetoed by the Governor

SB 1733 (Speier-D) Firearms: sales at the Cow Palace

Prohibits firearms or ammunition sales on the state property known as the "Cow Palace." Provides that no officer, employee, operator, or any lessee of "District 1-A" as defined in Food and Agricultural Code Section 3853 may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.

(Died on Assembly Inactive File)

SB 1781 (Knight-R) Pyrotechnic operators: flamethrowers

Requires the State Fire Marshall (SFM) to adopt regulations governing the possession and use of a flamethrower. Provides that the SFM's office may impose fees to cover the costs incurred by that office in implementing the provisions of this bill. Adds definitions of "flamethrowing device" and "flammable liquid." Provides that a violation of the provisions of this bill is guilty of public offense and the violator shall be imprisoned not to exceed one year or by a fine of up to $10,000.

Chapter 496, Statutes of 2004

SB 1797 (Senate Public Safety Committee) Firearms cleanup bill

Makes technical changes and corrections to specified Penal Code provisions.

Chapter 593, Statutes of 2004

SB 1858* (Dunn-D) Imitation firearms

Establishes a new definition for imitation firearms, generally prohibits the open display or exposure of imitation firearms in public places, and make numerous other changes related to imitation firearms including creating a misdemeanor for any manufacturer, importer, or distributor of imitation firearms that fails to comply with federal marking requirements.

Chapter 607, Statutes of 2004

AB 50 (Koretz-D) .50 caliber BMG rifles

Prohibits, effective January 1, 2005, the sale of .50 caliber BMG rifles. Authorizes the State Department of Justice to register legally-possessed BMG rifles until April 30, 2006, to assess a $25 registration fee, and to issue dangerous weapons permits for their possession, sale, manufacture and transportation. Makes it a misdemeanor to possess a BMG rifle that is not registered after April 30, 2007. Expands existing law to make assault with a BMG rifle a felony punishable by four, eight or 12 years in state prison.

Chapter 494, Statutes of 2004

AB 462 (Haynes-R) Concealed firearms licenses

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Assembly Public Safety Committee)

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

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

(Died on Assembly Inactive File)

AB 1232* (Lowenthal-D) Firearms: Federal Code of Regulations

Conforms existing cross-references to the Federal Code of Regulations in those provisions to reflect the recent renumbering of certain sections of those federal regulations.

Chapter 247, Statutes of 2004

AB 1315 (Parra-D) Juvenile offenders: firearms

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

(Died in Senate Public Safety Committee)

AB 1864 (Negrete McLeod-D) BB guns: prohibition

Expands existing prohibitions against carrying specified weapons into public places, into airports and onto school grounds to include instruments that expel metallic projectiles. Provides that violations are punishable as an alternate misdemeanor/felony. Deletes an existing restriction on the purchase, sale and manufacture of 6mm caliber imitation firearms.

(Died in Senate Appropriations Committee)

AB 2060 (Maddox-R) National guard

Provides a $2,000 bonus for each year of service for each member of the National Guard Weapons of Mass Destruction Civil Support Team certified as a hazardous materials specialist or technician.

(Failed passage in Assembly Appropriations Committee)

AB 2218 (La Suer-R) Deadly weapons: definition

Recasts existing definition of "assault weapons" to include that the firearms are equipped with a magazine with the capacity to accept more than ten rounds or when both the firearm and large capacity magazine are in the immediate possession of the same person.

(Died in Assembly Public Safety Committee)

AB 2308 (Richman-R) Firearms

Increases the punishment for attempting to purchase a firearm by any person who is prohibited from owning, possessing, receiving, or purchasing a firearm.

(Died in Assembly Public Safety Committee)

AB 2431 (Steinberg-D) Return of seized firearms

Enacts a procedure into law to specify how firearms seized or held as evidence shall be returned to lawful owners, including the requirement for a background check by the State Department of Justice to ensure that the person who claims title is not otherwise prohibited from possessing a firearm.

Chapter 602, Statutes of 2004

AB 2501 (Jerome Horton-D) Firearms

Revises the definition of "loaded handgun." Creates the offense of illegally carrying a handgun when he or she carries a handgun on his or her person or in a vehicle, but not in a locked container, while in any public place while the unexpended ammunition capable of being discharged from that handgun is in the immediate possession of that person or is readily accessible to that person.

(Died in Assembly Public Safety Committee)

AB 2828 (Cohn-D) Firearms

Expands existing weapons law by creating a presumptive prohibition on carrying an unloaded, exposed handgun on public streets of cities. Expands the presumptive prohibition on carrying weapon in a concealed manner in a vehicle to include both concealed and exposed carrying. Provides exemptions to these prohibitions.

(Died in Assembly Public Safety Committee)

AJR 56 (Frommer-D) Extension of the 1994 federal ban on assault weapons

Urges the President of the United States and Congress to renew and strengthen the federal assault weapons ban.

Resolution Chapter 188, Statutes of 2004

Legal Professions

SB 1490 (Senate Judiciary Committee) State Bar of California: annual dues

Authorizes the State Bar of California (State Bar) to collect up to $390 as total State Bar active membership dues for 2005, which is the same as previous years. Provides that the dues will fund only mandatory programs of the State Bar. Provides that members could deduct $5 if they did not wish to support non-Keller activities.

Chapter 384, Statutes of 2004

SB 1809 (Dunn-D) Labor Code Private Attorneys General Act of 2004

Significantly amends the Labor Code Private Attorneys General Act of 2004, created by SB 796 (Dunn-D), Chapter 906, Statutes of 2003, by enacting specified procedural and administrative requirements that must be met prior to bringing a private action to recover civil penalties for Labor Code violations.

Chapter 221, Statutes of 2004

SB 1811 (Morrow-R) Attorney's fees: senior citizens and minors

Revises rules for attorney fees in litigation cases involving seniors and minors.

(Died in Senate Judiciary Committee)

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

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

(Died in Senate Judiciary Committee)

AB 1711 (Assembly Judiciary Committee) Regulation of legal proceedings

Requires each person filing any brief or petition in an unfair competition or unfair advertising claim before an appellate body to serve a copy of that paper, including all petitions and briefs, on the State Attorney General and on the district attorney of the county in which the case was first brought. Requires service to within three days of the court filing. Deletes obsolete provisions in the State Bar Act.

Chapter 529, Statutes of 2004

AB 2336 (Pacheco-R) Attorney's liens

Establishes a lien on behalf of an attorney, for his or her compensation, upon property of the client in the attorney's possession. Establishes a lien on behalf of an attorney upon an action, suit, or proceeding and any judgments, decrees, orders, and awards entered therein in his or her client's favor and the proceeds thereof. Provides for the enforcement of the lien and provides that the lien has priority over all other liens except tax liens, prior encumbrances, and prior liens of record on real or personal property subject to the attorney's lien.

(Died in Assembly Judiciary Committee)

Identical to AB 3103 (Assembly Judiciary Committee), which died in Assembly Judiciary Committee.

AB 2347 (Maddox-R) Collection actions: statutory attorneys fees

Increases the amount of attorneys fees awardable pursuant to statute (rather than pursuant to agreement of the parties) to a prevailing party in a collection action on an open book account from a maximum of $600 to a maximum of $800 for consumer debt, and to $1,000 for a business debt. Adopts the general rule determining the prevailing party as the party who recovered the greater relief in the action on the contract, and provides that a court may determine that there is no party prevailing on the contract for purposes of an attorney's fee award.

Chapter 328, Statutes of 2004

AB 2371 (Bates-R) Attorneys: contingent fee agreements

Enacts the Legal Consumers' Protection act, requiring contingent fee attorneys to make specified disclosures and reports.

(Died in Assembly Judiciary Committee)

AB 2650 (Bates-R) Private Attorneys General Act of 2004

Limits application of the "Labor Code Private Attorneys General Act of 2004," enacted pursuant to SB 796 (Dunn-D), Chapter 906, Statutes of 2003. Exempts employers with fewer than 100 employees within a 75-mile radius from the provisions of SB 796 relating to private civil actions. Provides that only the Labor and Workforce Development Agency, or its subdivisions, may investigate, cite, or prosecute a violation of the Labor Code against employers with fewer than 100 employees.

(Died in Assembly Labor and Employment Committee)

AB 2689 (Houston-R) Attorneys: advertising: residential construction defects

Regulates advertising by plaintiffs' attorneys regarding construction defect issues.

(Died in Assembly Judiciary Committee)

AB 2713 (Pavley-D) Representation of governmental organizations

Authorizes an attorney who, in the course of representing a governmental organization, learns of improper governmental activity, as defined, to urge reconsideration of the matter and to refer it to a higher authority in the organization. Authorizes the attorney, in specified circumstances, to refer the matter to a law enforcement agency or to another governmental agency and exempts the attorney from disciplinary action by making a referral of the matter.

Vetoed by the Governor

AB 3080 (Assembly Judiciary Committee) State Bar of California

Requires the State Bar to conspicuously publicize to its members in the annual dues statement the fact that members have a right to limit the sale or disclosure of membership information not reasonably related to regulatory purposes. Requires the State Bar to disclose in its privacy policy the simple procedure by which a member may exercise his or her right to prohibit or restrict the sale or disclosure of membership information not reasonably related to regulatory purposes.

Chapter 356, Statutes of 2004

Courts and Judges

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

Makes several changes to legislation enacted last year regarding the collection of court fines and penalties and eliminates the sunset on a State Franchise Tax Board (FTB) collection program. Specifically, this bill:

1. Removes the January 2, 2006 sunset of FTB's Court-Ordered Debt Collection program.
2. Permits the use of debit cards and electronic payments for specified court payments.
3. Requires the FTB, in conjunction with the Judicial Council, to seek additional resources as needed to accept court collection referrals from all 58 counties or superior courts.
4. Adds the superior courts to those entities that may refer uncollected fines of at least $250 to the FTB for purposes of intercepting state income tax refunds.

Chapter 380, Statutes of 2004

SB 254 (Dunn-D) Court attendants

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

(Died in Senate Appropriations Committee)

SB 592* (Denham-R) Local government finance

Provides that the funds appropriated by the Budget Act of 2004 shall be available for reimbursement of 100 percent of costs incurred by the County of Stanislaus for the homicide prosecution of Scott Peterson. Provides that requests for reimbursement of local agency costs for homicide trials must be reviewed by the State Controller prior to payment. Specifies standards for reimbursement by the State Controller.

(Died on Senate Unfinished Business File)

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

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

(Died in Senate Appropriations Committee)

SB 749* (Escutia-D) Court facilities: utilities: Judicial Council of California

Makes technical corrections to provisions related to the Trial Court Facilities Act of 2002 by amending the process for calculating the County Facilities Payment and authorizing the creation of a Court Facilities Architectural Revolving Fund for court construction projects.

Extends the July 1, 2004 deadline for the courts to adopt a rule of law regarding dependent children.

Chapter 249, Statutes of 2004

SB 1102* (Senate Budget And Fiscal Review Committee) Omnibus general government trailer bill

Provides the necessary statutory changes in the area of general government in order to enact the 2004 Budget Act. Specifically, this bill:

1. Specifies that costs paid by state trial courts for which the state trial court is responsible are not included as reimbursable costs.
2. Extends the filing fee surcharge on civil cases until June 30, 2005, to help make up for an estimated filing fee shortfall in the budget year.
3. Makes the filing fee surcharge provisions inoperative on July 1, 2005, or upon enactment of a uniform filing fee, whichever is earlier. (The budget assumes revenues of $12.4 million going into the Trial Court Trust Fund from this extension.)
4. Prohibits courts from expending funds for electronic recording technology to make an unofficial record of an action or proceeding or to make an official record of action or proceeding in circumstances not authorized in current law.
5. Requires each superior court to report to the Judicial Council semi-annually and the Judicial Council to report to the Legislature semi-annually on all purchases and leases of electronic recording equipment.
6. Provides that any violation of specified labor acts or of any rules and regulations relating to trial court employees shall be processed as an unfair practice charge by the State Public Employment Relations Board.
7. Provides that a base funding adjustment for operating costs of the trial courts is included as part of the annual budget request. Specifies (a) that the funding adjustment is computed based on the change in the annual state appropriations limit, and (b) that the courts can submit requests for funding on top of the base funding adjustment for specified non-discretionary costs that the courts face for programmatic changes.

Chapter 227, Statutes of 2004

SB 1225 (Morrow-R) Court commissioners

Makes various non-controversial changes relating to court commissioners consistent with the California Law Revision Commission's responsibility to modernize statutes dealing with unification of the state's trial courts.

Chapter 49, Statutes of 2004

SB 1246 (Burton-D) Former judges

Requires the Supreme Court and the State Bar to develop standards and rules of professional conduct governing the propriety of an attorney appearing before a court where that individual previously served as a judicial officer.

Vetoed by the Governor

SB 1440 (Burton-D) Court files: marital status

Establishes procedures for keeping the location or identifying information about the assets and liabilities of the parties in a dissolution matter sealed. Requires a related Judicial Council form to be revised in accordance with procedures and makes other related changes.

(Died in Senate Judiciary Committee)

SB 1655 (Kuehl-D) Judicial opinions

Provides that all opinions of the Supreme Court, a court of appeal, or an appellate department of a superior court may be cited by any court for any persuasive value they may have.

(Died in Senate Judiciary Committee)

SB 1914 (Senate Business And Professions Committee) Omnibus cleanup bill

Makes several noncontroversial, minor, nonsubstantive or technical changes to various miscellaneous provisions pertaining to several regulatory boards of the State Department of Consumer Affairs including the Court Reporters Board.

Chapter 865, Statutes of 2004

AB 292 (Yee-D) Interpreters: prohibition on use of children

Prohibits specified state or local governmental agencies, or public or private agencies, organizations, entities, or programs that receive state funding, from using any child, or permitting any child to be used, as an interpreter, as defined, in any matter involving the business or function of that agency, organization, entity, or program, except as specified, and requires each such agency, organization, entity, or program that receives state funding to have in place, and available for inspection, an established procedure for providing competent interpretation services that does not involve the use of children, as defined.

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Judiciary Committee)

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

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

(Died in Assembly Judiciary Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 782* (Kehoe-D) Court records: family law

Establishes procedures for keeping the location or identifying information about the assets and liabilities of the parties in a dissolution matter sealed.

Chapter 45, Statutes of 2004

AB 1075* (Matthews-D) Local law enforcement expenses

Provides that funds appropriated by the Budget Act of 2004 shall be available for reimbursement of 100 percent of costs incurred by the County of Stanislaus for the homicide prosecution of Scott Peterson, provides that requests for reimbursement of local agency costs for homicide trials must be reviewed by the State Controller prior to payment, and specifies standards for reimbursement by the State Controller.

Vetoed by the Governor

Contingent upon the enactment of SB 592 (Denham-R).

AB 1346 (Bermudez-D) Court records: confidentiality

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

(Died in Assembly Public Safety Committee)

AB 2057 (Harman-R) Shorthand reporters

Prohibits the parties in a civil action from waiving the licensing requirements for shorthand reporters by stipulating to the use of an unlicensed reporter.

(Died in Senate Judiciary Committee)

AB 2729 (Leno-D) Commission on Judicial Performance

Seeks to allow judges facing investigations by the Commission on Judicial Performance (CJP) the same ability to issue subpoenas and depose witnesses as CJP itself currently has.

(Died in Senate Judiciary Committee)

AB 3078 (Assembly Judiciary Committee) Small claims court

Among other provisions, clarifies that an emancipated minor may be a party to a small claims action.

Chapter 171, Statutes of 2004

AB 3079 (Assembly Judiciary Committee) Courts

1. Allows retired subordinate judicial officers to work after retiring in the same manner that retired county employees are permitted to work as retired annuitants.
2. Waives specified appellate filing fees in mental health and juvenile cases.
3. Allows the extension of temporary restraining orders where necessary (as when there are court emergencies) to permit rescheduling of hearings.
4. Requires that court appointed special advocates be provided a complete copy (rather than just a summary) of the social workers' supplemental report in juvenile dependency cases.
5. Clarifies that the requirement that a court-appointed attorney for a dependent child give their information to the child's caregiver applies to a court-appointed attorney for a child for whom a dependency petition has been filed.
6. Makes other technical amendments to eliminate obsolete references to Judicial Council rules, and other obsolete provisions related to the Trial Court Budget Commission.

Chapter 811, Statutes of 2004

Law Enforcement

SB 32* (McPherson-R) Wire taps

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

(Died in Senate Public Safety Committee)

SB 58* (Johnson-R) Police reports: confidentiality

Requires the district attorney and the courts in each county to establish a mutually agreeable procedure, as specified, to protect confidential personal information, as defined, regarding any witness or victim contained in a police report, arrest report, or investigative report that is submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant.

Chapter 507, Statutes of 2004

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Appropriations Committee)

SB 213 (Battin-R) Pursued vehicles: punishment

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

(Died in Senate Public Safety Committee)

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

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

(Died on Assembly Inactive File)

SB 275 (Battin-R) Private school employees

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

(Died in Assembly Public Safety Committee)

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

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

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Senate Health and Human Services Committee)

SB 592* (Denham-R) Local government finance

Provides that funds appropriated by the Budget Act of 2004 shall be available for reimbursement of 100 percent of costs incurred by the County of Stanislaus for the homicide prosecution of Scott Peterson; provides that requests for reimbursement of local agency costs for homicide trials must be reviewed by the State Controller prior to payment; and specifies standards for reimbursement by the State Controller.

(Died on Senate Unfinished Business File)

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

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

(Died in Senate Health and Human Services Committee)

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

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

(Died in Senate Public Safety Committee)

SB 1083 (Ortiz-D) Health officers: enforcement

Makes an order of a local health officer enforceable immediately by certain state or local peace officers.

(Died in Senate Public Safety Committee)

SB 1102* (Senate Budget And Fiscal Review Committee) Budget trailer bill

Provides actions to enforce laws related to public nuisances, corporate securities, air resources, forest practices, tobacco sales, and waste management. Makes optional existing statutory requirements that any traffic signal controller that is newly installed or upgraded by a local authority shall be of a standard traffic signal communication protocol capable of two-way communications. Provides $38.2 million (General Fund) for booking fee subventions to cities and certain special districts in 2004-05, and limits county charges for booking fees in 2004-05 to the fees in effect on January 1, 2004. Eliminates booking fee subventions after 2004-05 and limits county booking fees charged to public agencies to no more than half of actual cost. Restores funding for the Rural County Sheriff Subvention Program.

Chapter 227, Statutes of 2004

SB 1128 (Ortiz-D) Criminal history information

Expands the definition of an employer who may request a criminal record investigation and receive subsequent arrest notification under the above provisions to include a client of, or parent of a minor client of, a regional center that provides services to persons with developmental disabilities. Also expands the scope of persons whose criminal records are subject to investigation and subsequent arrest notification under the above provisions to include a person who is unlicensed and provides tutoring or educational support to a minor.

(Died in Senate Public Safety Committee)

SB 1167 (Scott-D) Peace officers

Requires that a peace officer who is convicted of, pleads guilty to, or pleads no contest to a felony committed on or after January 1, 2005, to forfeit all money, compensation, wages, allowances, and bonuses paid to that officer by his or her employing agency from the date of the commission of the crime.

(Failed passage in Senate Public Safety Committee)

SB 1314* (Ortiz-D) Criminal history information

Makes a number of cleanup and conforming changes to the provisions dealing with the dissemination of criminal history information.

Chapter 184, Statutes of 2004

SB 1345 (Margett-R) Vehicles: safe driving video

Requires traffic violator schools (classroom schools) to include in the instructional curriculum a videotape on safe driving techniques produced by the State Department of the California Highway Patrol.

(Died in Senate Transportation Committee)

SB 1388 (Ortiz-D) Cable corporations

Allows, commencing July 1, 2005, cable corporations access to state and federal criminal history information for their employees and contract employees who may be seeking entrance to private residences and/or adjacent grounds.

Chapter 570, Statutes of 2004

SB 1613 (Battin-R) Correctional employees

Provides that, with respect to a defendant convicted of a felony assault on a correctional employee, whether that assault took place while the correctional employee was on or off duty, the incarcerating agency shall notify the victim prior to moving the defendant to or from a correctional facility at which the victim may be assigned or in attendance in the course of his or her correctional employment, and prior to releasing the defendant.

(Died in Senate Public Safety Committee)

SB 1654 (McPherson-R) Public safety: communication equipment

Stipulates that any state agency that purchases public safety radio communication equipment must comply with the recommendations of the Public Safety Radio Strategic Planning Committee (PSRSPC). Adds the Governor's Office of Homeland Security to the PSRSPC. Adds the Military Department to the list that the PSRSPC must consult with.

Chapter 669, Statutes of 2004

SB 1768 (Romero-D) Railroad peace officers

Authorizes railroad police officers, as defined, who have met specified Commission on Peace Officer Standards and Training requirements, to apply for access to the California Law Enforcement Telecommunications System (CLETS) through a local law enforcement agency granted direct access to CLETS, pursuant to specified State Department of Justice review and eligibility standards.

Chapter 510, Statutes of 2004

SB 1796 (Senate Public Safety Committee) Public safety: omnibus bill

Makes technical changes and corrections to specified Evidence, Government, Health and Safety, Penal, and Welfare and Institutions Code provisions.

Chapter 405, Statutes of 2004

SB 1797 (Senate Public Safety Committee) Public safety: omnibus bill: firearms

Adds "custodial officer," or "transportation officer" to positions for which the State Department of Justice must notify a state or local agency as to whether an individual is prohibited from possessing, receiving, owning, or purchasing a firearm. Adds protective orders as defined in Family Code Section 6218 to the list, in Penal Code Section 12021(g), of persons for whom it is a crime to purchase or receive, or attempt to purchase or receive, a firearm. Makes technical and cross-referencing changes to a number of other code sections.

Chapter 593, Statutes of 2004

SB 1808* (Senate Local Government Committee) Booking fees

Reduces the statutory continuous appropriation for state reimbursement of booking fees levied by counties and paid by cities and qualified special districts from $50 million annually to $38.2 million annually, and bases reimbursement for booking fees on 2002-03 costs to cities and special districts rather than 1997-98 costs.

(Died in Senate Appropriations Committee)

SB 1866 (Aanestad-R) Kristie's law: police pursuits

Repeals the current broad immunity from liability for public agencies and their law enforcement officers when a suspect fleeing a police vehicle pursuit causes injury or death to an innocent third party, and would instead require each agency to adopt and implement minimum guidelines and procedures for police reports.

(Died in Senate Judiciary Committee)

SB 1900 (Burton-D) Forensic DNA

Imposes an additional $1.50 surcharge for every $10 of any fine, penalty, or forfeiture imposed for criminal offenses to fund specified DNA-related activities.

(Died in Assembly Public Safety Committee)

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

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

Resolution Chapter 53, Statutes of 2004

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

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

Resolution Chapter 117, Statutes of 2004

SCR 89 (Soto-D) CHP Officer Thomas J. Steiner Memorial Highway

Designates the section of State Highway Route 60 in the City of Pomona as the CHP Officer Thomas J. Steiner Memorial Highway, who was killed in the line of duty by an armed assailant while leaving the Los Angeles Superior Court in Pomona in the afternoon of April 21, 2004.

(Died in Senate Transportation Committee)

SCR 90 (Battin-R) Highway designations

Designates the portion of Interstate Highway 10 located in California as the Pearl Harbor Memorial Highway. Designates the portion of State Highway Route 111 from its starting point at Washington Street in the City of La Quinta to its terminus at Jefferson Street in the City of La Quinta as the Deputy Bruce Lee Memorial Highway in memory of Deputy Lee, who died while responding to a domestic violence disturbance.

(Died at Assembly Desk)

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

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

(Died in Assembly Human Services Committee)

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

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

(Died in Senate Public Safety Committee)

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

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

(Died at Assembly Desk. Never assigned to a committee)

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

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Assembly Transportation Committee)

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

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

(Died in Senate Public Safety Committee)

AB 472* (Correa-D) Bioterrorism

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

(Died in Assembly Appropriations Committee)

AB 517 (Oropeza-D) Red light camera enforcement

Extends, from six months to 13 months, the period of time that confidential information and photographic records from red light camera enforcement operations may be retained. Provides that such information is available for judicial purposes and that law enforcement agencies may audit records for contract compliance.

Vetoed by the Governor

AB 619 (Garcia-R) Booking fees

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

(Died in Assembly Local Government Committee)

AB 696 (Maddox-R) Probation officers: training

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

(Died in Assembly Appropriations Committee)

AB 834 (La Suer-R) Peace officers records

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

(Died in Assembly Public Safety Committee)

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

Establishes, as a pilot program until January 1, 2008, a public safety officer-peer supporter privilege that applies to information transmitted between a public safety officer and his/her peer supporter.

(Died in Senate Judiciary Committee)

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

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

(Died in Assembly Appropriations Committee)

AB 1046 (Firebaugh-D) Assault on jail employees

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

(Died in Senate Public Safety Committee)

AB 1075* (Matthews-D) Local law enforcement expenses

Provides that funds appropriated by the Budget Act of 2004 shall be available for reimbursement of 100 percent of costs incurred by the County of Stanislaus for the homicide prosecution of Scott Peterson; provides that requests for reimbursement of local agency costs for homicide trials must be reviewed by the State Controller prior to payment; and specifies standards for reimbursement by the State Controller.

Vetoed by the Governor

Contingent upon the enactment of SB 592 (Denham-R), which died on the Senate Unfinished Business File.

AB 1081 (Maddox-R) Police personnel records

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

(Died in Senate Public Safety Committee)

AB 1119* (Nation-D) Water districts: park rangers

Authorizes municipal water districts to employ Penal Code Section 830.34 park rangers, if the primary duty of the park ranger is the protection of the properties of the Municipal Water district of the protection of the persons thereon.

Chapter 799, Statutes of 2004

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

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

(Died in Senate Public Safety Committee)

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

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

(Died in Assembly Transportation Committee)

AB 1383 (Wesson-D) Antiterrorism fund

Appropriates $1,025,000 to specified sheriffs and city police departments, and other local entities, from the Antiterrorism Fund established by Vehicle Code Section 5066 which creates several special license plate programs. Specifies that on July 1, 2005 monies in the Antiterrorism Fund is to be used to fund competitive grants for antiterrorism activities.

Vetoed by the Governor

AB 1515 (Lowenthal-D) Rewards

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

(Died in Senate Appropriations Committee)

AB 1561 (Cox-R) Bail

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

(Died in Assembly Public Safety Committee)

AB 1565 (Benoit-R) Forensic identification

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

(Died in Assembly Public Safety Committee)

AB 1567 (Correa-D) Peace officers

Deletes existing prohibitions on certain limited authority categories of peace officer employed by state agencies carrying firearms, permitting them instead to carry firearms if they have been authorized to do so by their employing agencies and if the agencies have adopted and trained them in a policy on the use of deadly force.

(Died in Senate Appropriations Committee)

AB 1642 (Ridley-Thomas-D) Background checks

Requires the State Public Utilities Commission to adopt regulations establishing standards and procedures to investigate the criminal background of candidates seeking certificates for employment as drivers or key employees, as defined, with passenger stage corporations and charter-party carriers of passengers that provide passenger transportation to and from any airport regularly serving an air carrier holding a certificate issued by the United States Secretary of Transportation, or to and from any railroad terminal serving passenger trains.

(Died in Senate Energy, Utilities and Communications Committee)

AB 1694 (Wiggins-D) Bail services: solicitation

Creates a new misdemeanor that is committed where a bail licensee employs, engages, solicits, pays, or promises to pay, any compensation or thing of value to any incarcerated person in jail for the purpose of soliciting bail on behalf of the licensee.

Chapter 165, Statutes of 2004

AB 1786* (Cogdill-R) Calaveras County sheriff

Authorizes the Calaveras County Board of Supervisors to grant the county sheriff a leave of absence without salary, not to exceed one year, to participate in the United States Department of State International Police Mission in Iraq.

Chapter 31, Statutes of 2004

AB 1840 (Frommer-D) Workers' compensation: death benefits: police officers

Provides payment of a $250,000 death benefit to police officers who have no total or partial dependents, retroactive to January 1, 2003.

Chapter 92, Statutes of 2004

Related legislation is ACR 156 (Frommer-D).

AB 1913 (Cohn-D) Foster care providers: emergency placement

Allows counties to grant a temporary exemption so that a relative who has a criminal record, as reported by the California Law Enforcement Telecommunications Check System, can provide emergency foster care to a child who is a relative, while the county awaits confirmation of a relative's criminal record via a fingerprint check.

Chapter 373, Statutes of 2004

AB 1931 (La Malfa-R) Peace officers: Butte County

Adds Butte County deputy sheriffs and correctional deputy sheriffs of Tuolumne County to the existing authority currently granted to Los Angeles, Riverside and San Diego Counties and twelve other counties to employ deputy sheriffs who are "employed to perform duties exclusively or initially relating to custodial assignments" who are peace officers pursuant to Penal Code Section 830.1(c).

Chapter 516, Statutes of 2004

AB 1986 (Wolk-D) Placement of children: background checks

Extends, from January 1, 2005 to January 1, 2010, a sunset provision governing counties authority to issue a criminal records exemption during the emergency placement of children, if the counties have the general permission of the State Department of Social Services.

Chapter 298, Statutes of 2004

AB 1996 (Bogh-R) Arson registry: Internet

States that any firefighter whose rank is captain or above who is incident commander on a particular fire and who is charged with the authority to investigate that fire may access the arson registry for that purpose.

(Failed passage in Assembly Public Safety Committee)

AB 2013 (Steinberg-D) Statewide fingerprint imaging system

Eliminates authority to operate a statewide fingerprint imaging system for the California Work Opportunity and Responsibility to Kids (CalWORKs) program and the Food Stamp Program.

(Died in Senate Health and Human Services Committee)

AB 2126 (Dutton-R) Remote Access Network

Eliminates the Remote Access Network (RAN) board position for the chief of police of the department having the largest number of sworn personnel within the county. Creates a RAN board position for the chief of police of the California Identification System (Cal-ID) member department having the largest number of sworn personnel within the county. Eliminates, in counties with a population of 5,000,000 or more, the RAN board position for the mayor of the city with the greatest population within the county. Creates, in counties with a population of 5,000,000 or more, a RAN board position for the mayor of the city with the greatest population within the county that has a Cal-ID member police department.

Chapter 73, Statutes of 2004

AB 2137 (Steinberg-D) Law enforcement fees

Increases the fee for keeping of property for up to an eight-hour period, from $110 to $120. Increases the maximum charge for the keeping of property from $185 to $240 for any 24-hour period. Increases the fee for a keeper when a levying officer prepares a not-found return, from $30 to $40. Increases the portion of fees collected by the sheriff that is deposited into a special fund in the county treasury for use by the Sheriffs' Civil Division, from $5 to $10. Increases the fee for serving a writ of possession of real property on an occupant(s) and performing an eviction, from $75 to $125. Adds a $50 fee for removing an occupant from a premise when also enforcing the $75 fee for serving a writ of possession.

Chapter 327, Statutes of 2004

AB 2157 (Reyes-D) Commissioner of the California Highway Patrol

Transfers the Commissioner of the State Department of the California Highway Patrol from the jurisdiction of the State Business, Transportation and Housing Agency to an independent, cabinet level position.

(Died in Assembly Appropriations Committee)

AB 2160 (Reyes-D) Foreign prosecution

Codifies the existing Foreign Prosecution and Law Enforcement Unit within the State Department of Justice.

Chapter 517, Statutes of 2004

AB 2215 (Nakanishi-R) Vehicles: blue warning lights

Adds certain peace officers to the list of peace officers authorized to operate a vehicle displaying the blue warning lights.

(Died in Senate Transportation Committee)

AB 2217 (Shirley Horton-R) Child Identification System

Requires an application for an identification card to be signed by the parent or guardian and verified before a person authorized to administer oaths and to be supported by bona fide documentary evidence of the age and identity of the child as the department may require, and shall include a legible print of the thumb or finger of the child and a picture of the child. Allows a person to apply for a new identification card following two years of the issuance of the most recent issued card or prior to the two years if a card is lost, destroyed, or mutilated.

(Died in Assembly Transportation Committee)

AB 2238 (Spitzer-R) Bail recovery persons (bounty hunters)

Extends the sunset on the Bail Fugitive Recovery Persons Act from January 1, 2005 until January 1, 2010, and requires a study on the implementation of the Act to be submitted to the Legislature no later than January 1, 2009.

Chapter 166, Statutes of 2004

AB 2271 (Parra-D) Jury selection: correctional officers

Exempts correctional officers employed by the State Department of Corrections from jury service in criminal and civil matters.

(Died in Senate Public Safety Committee)

AB 2334* (Samuelian-R) Peace officers

Requires that the state grant certain state supervisors salary and benefit increases.

(Died in Assembly Appropriations Committee)

AB 2338 (Samuelian-R) Peace officers

Allows welfare fraud investigators to carry firearms without the authorization of their employing agency.

(Died in Assembly Public Safety Committee)

AB 2346 (Corbett-D) California Police Activities League

Authorizes the addition of the Police Activities League Fund income tax checkoff to the personal income tax form upon the removal of another income tax checkoff from the form.

(Failed passage in Senate Revenue and Taxation Committee)

AB 2467 (Garcia-R) Booking fees

Requires the State Auditor, in conjunction with the Judicial Council, to study booking fees, including, but not be limited to, an evaluation of the fiscal concerns of local law enforcement.

(Died in Assembly Appropriations Committee)

AB 2468 (Garcia-R) Criminal justice administrative fees

Collects criminal justice administrative fees from specified criminal defendants prior to conviction. Authorizes counties to collect pre-conviction fees from bail agencies and bail agents.

(Failed passage in Assembly Public Safety Committee)

AB 2534 (Bates-R) IHSS providers: background checks

Authorizes in-home supportive services (IHSS) non-profit consortia and public authorities to include criminal background checks, conducted by the State Department of Justice, in processing potential IHSS caregivers.

(Died in Senate Appropriations Committee)

AB 2648 (Jerome Horton-D) Law enforcement apprenticeships

Establishes the law enforcement apprenticeship program and requires the State Department of Education (SDE) to award grants to nonprofit education foundations to provide at-risk minority youth with the skills necessary to successfully pursue occupations in law enforcement and criminal justice. Specifies that SDE shall only award grants on the receipt of funding from a private source.

(Died in Assembly Appropriations Committee)

AB 2852* (Laird-D) Public safety

Deletes various state-mandated local programs, making them optional. Those programs include: (1) guidelines for booking and fingerprinting misdemeanors; (2) elder and dependent care abuse detection training for supervisory law enforcement personnel; (3) first aid and cardiopulmonary resuscitation (CPR) training standards for law enforcement; (4) providing CPR equipment to law enforcement to prevent communicable diseases; (5) sexual harassment training for law enforcement; (6) written reports in domestic violence cases; (7) two-way communication devices for new traffic signal controllers; and (8) notifying victims of their rights when a minor commits an adult felony.

(Died in Assembly Appropriations Committee)

AB 2893 (Montanez-D) Public safety officers

Adds coroners and deputy coroners who are peace officers, but not part of a sheriff's department, to coverage under the Public Safety Officers Procedural Bill of Rights Act.

Vetoed by the Governor

AB 2905 (Spitzer-R) Public safety officials: threats: moving expenses

Adds judges, court commissioners, attorneys employed by the State Department of Justice, the State Public Defender, or a county office of a district attorney or public defender to the types of employees for whom a governmental employer shall pay the moving and relocation expenses when it is necessary to move because of an employment-related credible threat against his or her life, or the life of an immediate family member. Makes clarifications regarding the implementation of this provision as it applies to judges and court commissioners.

Chapter 248, Statutes of 2004

AB 2930 (Koretz-D) Public safety officers: discipline

Specifies rights and conditions for an employee representative pursuant to the Public Safety Officers Procedural Bill of Rights Act. Provides that an employee representative may not be required to disclose, nor be subject to punitive action for refusing to disclose, any information not related to criminal activity received in a representational capacity from the officer under investigation, except in criminal investigations or proceedings, and prohibit this information from being used in any subsequent punitive action. Makes related changes in the Act.

Vetoed by the Governor

AB 2986 (Benoit-R) Search warrants: confidentiality

Creates procedures for restricting public access to information in search warrants.

(Failed passage in Assembly Public Safety Committee)

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

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

Resolution Chapter 39, Statutes of 2004

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

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

Resolution Chapter 137, Statutes of 2004

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

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

Resolution Chapter 42, Statutes of 2004

ACR 142 (Chavez-D) Deputy Sheriff David W. March Memorial Interchange

Designates the interchange of State Highway Route 605 and State Highway Route 210 as the Los Angeles County Deputy Sheriff David W. March Memorial Interchange in memory of Deputy David W. March, who, at the age of 33, was killed in the line of duty on April 29, 2002, in Irwindale while conducting a "routine" traffic stop.

Resolution Chapter 122, Statutes of 2004

ACR 156 (Frommer-D) Officer Matthew Pavelka Memorial Freeway

Designates the section of Interstate Route 5 between West Burbank Boulevard in Burbank and Hollywood Way in Los Angeles as the Burbank Police Officer Matthew Pavelka Memorial Freeway in memory of Officer Pavelka who, at the age of 26, answered a call to assist veteran Officer Gregory Campbell with a "routine" traffic stop at the Ramada Inn on North San Fernando Road on the night of November 15, 2003. Tragically, the two men Officer Campbell had pulled over opened fire, critically injuring Officer Campbell and killing Officer Pavelka.

Resolution Chapter 150, Statutes of 2004

Related legislation is AB 1840 (Frommer-D).

ACR 162 (Kehoe-D) Officer Dean E. Beattie Memorial Highway

Designates the portion of State Highway Route 163 between Interstate Route 8 and Interstate Route 805 in San Diego as the State Department of the California Highway Patrol (CHP) Officer Dean E. Beattie Memorial Highway in memory of Officer Beattie who was killed in the line of duty on November 19, 2003, when his motorcycle collided with the rear of a truck on State Highway Route 163 north of Mission Valley, thereby becoming the 199th CHP officer killed in the line of duty and the first CHP officer killed in San Diego County since 2001. On the date of his death, Officer Beattie was 46 years of age and had just completed his 24th anniversary with the CHP.

Resolution Chapter 123, Statutes of 2004

ACR 163 (Spitzer-R) CHP Officer Shannon Distel Memorial Interchange

Designates the interchange at State Highway Route 15 and State Highway Route 91 within the City of Corona in the County of Riverside, as the California Highway Patrol Officer Shannon Distel Memorial Interchange, in memory of Officer Distel who was killed in the line of duty on August 27, 2003, at the age of 31 when his motorcycle collided with a pickup truck pulling a trailer.

Resolution Chapter 151, Statutes of 2004

ACR 179 (Leslie-R) Officer Mark A. White Memorial Highway

Designates a specified portion of State Highway Route 65 as the Officer Mark A. White Memorial Highway, in memory of Officer White who was killed in the line of duty on Friday, February 10, 1995, when he was fatally shot during a hostage situation.

Resolution Chapter 126, Statutes of 2004

ACR 183 (Dymally-D) Elder and Dependent Adult Abuse

Encourages all Californians to become aware of elder and dependent adult abuse, to learn the ways to recognize and report incidents of elder abuse, and to educate themselves on ways to prevent the mistreatment of elderly and dependent adults, and proclaims the month of May of every year as Elder and Dependent Adult Abuse Prevention Month.

(Died in Assembly Rules Committee)

ACR 212 (Parra-D) California Peace Officers' Memorial Day

Proclaims Friday, May 7, 2004, as California Peace Officers' Memorial Day, and urge all Californians to remember those individuals who gave their lives for our safety and express appreciation to those who continue to dedicate themselves to making California a safer place in which to live and raise our families.

Resolution Chapter 57, Statutes of 2004

ACR 249 (Mountjoy-R) Abiel Barron Memorial Highway

Designates a portion of State Highway Route 138 as the Abiel Barron Memorial Highway, in memory of Los Angeles Police Department Detective Abiel Barron, who was killed in the line of duty on June 25, 2003, when his police vehicle was struck head-on by a driver attempting to pass a slower vehicle.

(Died in Assembly Transportation Committee)

ACR 258 (Negrete McLeod-D) Red Ribbon Week

Proclaims October 25 through October 31, 2004, as Red Ribbon Week, and encourages all Californians to help build drug-free communities and participate in drug prevention activities.

Resolution Chapter 181, Statutes of 2004

AJR 55 (Reyes-D) Violence Against Children Act of 2003

Requests the Congress to pass, and the President to sign, as soon as possible, the Violence Against Children Act of 2003 which, among other things, toughens federal criminal penalties for crimes against children, provide assistance to local police and prosecutors to combat crimes against children, provide emergency medical treatment and counseling to child victims and their families, and establish a National Amber Alert System.

Resolution Chapter 136, Statutes of 2004

Family Law

SB 7* (Brulte-R) Marriage: solemnization: Armed Forces

Authorizes a member of the Armed Forces who is stationed overseas serving in a conflict of war and is unable to appear for his/her marriage ceremony to enter into that marriage by the appearance of an attorney-in-fact, as specified. Makes conforming changes and requirements with regard to marriage applications and the issuance of marriage licenses.

Chapter 476, Statutes of 2004

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

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

(Failed passage in Senate Judiciary Committee)

SB 339 (Alpert-D) Private child support collectors

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

Vetoed by the Governor

SB 488 (Speier-D) Child support enforcement

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

(Died in Senate Judiciary Committee)

SB 730 (Burton-D) Child custody: change of residence

States that a parent entitled to the custody of a child has a presumptive right affecting the burden or proof to change the residence of the child. States that the Legislature recognizes specified public policy considerations. Requires a court to preserve the established mode of custody, whether by temporary, contingent, or permanent order, or by de facto showing. Authorizes a court to order a change in custody only if the presumption in favor of stability and continuity in the child's primary custodial relationship and the detriment to the child of leaving the current custodial household are outweighed by the benefits to the child of not relocating with the custodial parent, as specified. Prohibits a court from issuing a conditional order, as specified.

(Died in Assembly Judiciary Committee)

SB 734 (Ortiz-D) Child custody and visitation

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

(Died in Assembly Judiciary Committee)

SB 946 (Denham-R) Child support enforcement

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

(Died in Senate Judiciary Committee)

SB 1030 (Ashburn-R) Paternity testing

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

(Died in Assembly Judiciary Committee)

SB 1178 (Kuehl-D) Dependent children: parenting

Requires county child welfare agencies, to the greatest extent possible, to support whole family placement in foster care for dependent minor parents and their children. Encourages the State Department of Social Services and local child welfare agencies, in consultation with other interested stakeholders, to collect information to be used to develop a more cost-effective infant supplemental payment rate structure that more adequately reimburses caregivers for the costs of infant care and teen parent mentoring.

Chapter 841, Statutes of 2004

SB 1284 (Morrow-R) Court files: confidentiality

Clarifies procedures for ensuring that already-confidential reports containing psychological evaluations of a child, recommendations regarding custody of and visitation with a child, and written statements of issues and contentions submitted by the child's court-appointed attorney, is placed in the confidential portion of the court's files.

Chapter 102, Statutes of 2004

SB 1367 (Burton-D) Child custody: residency

Requires that the right to make a change in residency of a parent who is entitled to the custody of a child not be frustrated by undue delay.

(Died in Senate Judiciary Committee)

SB 1407 (Kuehl-D) Community property: separate property

Allows reimbursement for a person's separate property contributions of one spouse to the other spouse's separate property estate, unless there is a written waiver of the right to reimbursement, therefore, making the contribution a gift. Provides that the proposed right to reimbursement will be without interest or adjustment for change in monetary values.

Chapter 119, Statutes of 2004

SB 1616 (Knight-R) Spousal support

Requires that in determining an amount of permanent spousal support, a party who currently has an annual income that equals or exceeds 50 percent of the highest total annual income of the parties during marriage shall be deemed to be self-supporting. Requires judges to state in writing and on the record the reasons for making the permanent spousal support order and specifically how the order complies with the bill's proposed mandate regarding self-supporting status.

(Died in Senate Judiciary Committee)

SB 1769 (Aanestad-R) Independent adoptions

Provides specified procedures for the contesting of independent adoptions by a birth parent who did not place his/her child for adoption, as specified.

(Died in Senate Judiciary Committee)

SCR 52 (Alpert-D) Family Empowerment Month

Designates the month of March of every year as Family Empowerment Month.

Resolution Chapter 18, Statutes of 2004

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

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

Chapter 20, Statutes of 2004

AB 252 (Jackson-D) Paternity judgments

Creates new procedures for challenging paternity.

Chapter 849, Statutes of 2004

AB 295 (Steinberg-D) Child support

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Assembly Judiciary Committee)

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

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

(Died in Assembly Judiciary Committee)

AB 782* (Kehoe-D) Court records: family law

Establishes procedures for keeping the location or identifying information about the assets and liabilities of the parties in a dissolution matter sealed.

Chapter 45, Statutes of 2004

AB 961 (La Suer-R) Nonresident petitioners: adoption

Specifies that the nonresident provisions of existing law apply to petitioners who are not residents of the United States.

(Died in Senate Judiciary Committee)

AB 1108* (Bermudez-D) Child custody: drug testing

Permits, until January 1, 2007, a court, under specified guidelines, to order a parent seeking child custody or visitation to undergo testing for drug or alcohol use when a "preponderance of evidence" indicates that the parent engages in frequent or habitual use of controlled substances, or abuse of alcohol.

Chapter 19, Statutes of 2004

AB 1635 (Keene-R) Emancipated minors

Provides that a person who is under the age of 18 years is an emancipated minor if he/she has been issued a high school diploma or has been formally recognized as an emancipated minor or the equivalent in another state.

(Died in Assembly Judiciary Committee)

AB 1704 (Assembly Judiciary Committee) Family law: local child support agencies

Enacts amendments conforming the Government Code and Family Code provisions concerning a notice of support judgement recorded by a local child support agency in lieu of a certified abstract of judgment. Makes several minor and technical changes to the language in the laws affecting child support enforcement activities by local child support agencies. Double-jointed with AB 2228 (Garcia-R).

Chapter 339, Statutes of 2004

AB 1706 (Assembly Judiciary Committee) Assignment orders

Prohibits an employer from "taking any action adversely affecting the terms and conditions of employment of an employee" on the basis that the employee is subject to an earnings agreement order for a child/spousal/family support obligation.

Chapter 369, Statutes of 2004

AB 1910 (Harman-R) Decedents' estates: posthumously conceived children

Establishes a procedure for determining the rights of a posthumously conceived child with respect to distribution of property after the decedent's death.

Chapter 775, Statutes of 2004

AB 1967 (Leno-D) Gender-neutral marriage

Allows two persons of the same sex to enter into the civil contract of marriage in California.

(Died in Assembly Appropriations Committee)

AB 2018 (Chu-D) Domestic violence: civil damages

Adds to the Family Code a section expressly stating that if one spouse has obtained against the other spouse a judgment for civil damages for an act of domestic violence perpetrated by the other spouse, the court may enforce that judgment against the abusive spouse's share of the community property if a proceeding for dissolution of the marriage or legal separation is pending prior to the entry of final judgment.

Chapter 299, Statutes of 2004

AB 2084 (Montanez-D) Support orders: vocational training

Authorizes a court in an action for child support to order a party to submit to an examination by a vocational training counselor to assess an individual's ability to obtain certain employment. Clarifies that the examination may be ordered in an action for spousal support.

(Died in Assembly Judiciary Committee)

AB 2089 (Jackson-D) Marriage: factsheet

Requires the Judicial Council of California to develop, post on its web site, and distribute a marriage factsheet containing specified information regarding marital rights and obligation in English, Spanish and other foreign languages.

(Failed passage in Senate Appropriations Committee)

AB 2148 (Diaz-D) Family law proceedings

Enacts numerous changes to the Family Code sections concerning awards of attorney's fees in specified child custody and visitation proceedings.

Chapter 472, Statutes of 2004

AB 2174 (Haynes-R) Spousal support

Amends the spousal support law to expressly authorize a court to terminate spousal support when the supported party has failed, for at least three consecutive months, to pay court-ordered child support for the support of one or more children who are in the physical custody of the other party.

(Died in Assembly Judiciary Committee)

AB 2182 (Koretz-D) Minors: consent to counseling

Adds the following to the list of professional persons who may provide to minors medical treatment and counseling for drug and alcohol-related problems: a marriage and family therapist registered intern, a psychological assistant, and an associate clinical social worker.

Chapter 59, Statutes of 2004

AB 2228 (Garcia-R) Minors: release of information

Facilitates the sharing of information between the family law and probate law courts in guardianship proceedings, and the sharing of information between the family law and probate law courts and juvenile court in the latter court's proceedings with regard to a child who is the subject of those proceedings and in order to assist the court in making a determination that is in that child's best interest.

Chapter 574, Statutes of 2004

AB 2292 (Wolk-D) Visitation: former legal guardians

Provides courts with discretion to protect the best interests of children in having reasonable visitation with former long-term guardians.

Chapter 301, Statutes of 2004

AB 2358 (Steinberg-D) Enforcement of support orders

Contains provisions to assist with implementation of the California Child Support Automation System and to transfer various child support responsibilities from the State Franchise Tax Board to the State Department of Child Support Services.

Chapter 806, Statutes of 2004

AB 2380 (Harman-R) Parent and child relationships

Enacts the Uniform Parentage Act of 2004. Provides, among other things, for a voluntary acknowledgement or denial of paternity filed with the State Department of Child Support Services (DCSS), establishes a registry of paternity in the DCSS, and imposes related duties upon the DCSS and local child support agencies.

(Died in Assembly Judiciary Committee)

AB 2486 (Mountjoy-R) Custody and visitation rights: sexual abuse

Prohibits the court from granting custody of, or unsupervised visitation with, a child to a parent if the child has been authorized to receive benefits from the California Victim Compensation and Government Claims Board for the crime of child sexual abuse, incest, or child molestation, and the child has identified that parent as the perpetrator of the crime.

(Died in Assembly Judiciary Committee)

AB 2492 (La Suer-R) Adoption: preplacement evaluations

Authorizes the use of an out-of-state licensed private or public adoption agency to certify through a preplacement evaluation that the petitioning out-of-state prospective adoptive parents are suited to be adoptive parents.

Chapter 128, Statutes of 2004

AB 2537 (Mountjoy-R) Children's privacy protection

Prohibits the sale or purchase of personal information concerning a child without parental consent except that the consent of the parent (or legal guardian) is presumed, unless the parent or legal guardian withdraws his/her consent pursuant to the bill.

(Died in Assembly Judiciary Committee)

AB 2580 (Goldberg-D) Domestic partnerships

Provides that domestic partners who registered their partnership prior to January 1, 2005 may enter an agreement intended to be covered by the Uniform Premarital Agreement Act (UPAA), and the agreement will be enforceable provided the agreement is compliant with the UPAA, fully executed, and in force as of June 30, 2005.

Chapter 947, Statutes of 2004

AB 2669 (Garcia-R) Enforcement of child support orders

Implements suggestions from The Collectibility Study (procured by the State Department of Child Support Services and published in 2003) undertaken on the subject of the staggering amount of child support arrears in California, and makes related changes.

Chapter 305, Statutes of 2004

AB 2674 (Leno-D) Adoption: relinquishment

Provides that an adoption relinquishment that has been sent and filed with State Department of Social Services by certified mail, return receipt requested or by overnight courier with proof of delivery no later than the end of the business day following its execution shall be deemed final ten business days after receipt of the filing by the department.

Chapter 306, Statutes of 2004

ACR 204 (La Suer-R) Traditional Family Month

Declares the month of July as "Traditional Family Month" and encourages the celebration of this month to occur with family festivities, reunions, and traditions.

(Died in Assembly Rules Committee)

ACR 253 (Steinberg-D) Court Adoption and Permanency Month

Proclaims November 2004 as Court Adoption and Permanency Month in which the courts and their local communities are encouraged to join together in activities to expedite permanency.

Resolution Chapter 179, Statutes of 2004

AJR 67 (Mountjoy-R) Same-sex marriage

Requests that Congress act on President Bush's call for an amendment to the United States Constitution seeking to prevent same-gender couples from having the right to marry.

(Refused passage in Assembly Judiciary Committee)

AJR 85 (Leno-D) Same-sex couples

Declares the Legislature's respectful opposition to any federal enactment designed to prohibit or restrict the provision of rights and obligations under the law for same-sex couples and their families.

Resolution Chapter 172, Statutes of 2004

Civil Law

SB 30 (Figueroa-D) Home improvement contracts

Revises and refines, commencing July 1, 2005, the elements of the current home improvement contracts.

Chapter 566, Statutes of 2004

SB 37* (Dunn-D) Victims of wrongful or coerced repatriation

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

Vetoed by the Governor

Identical to SB 1714 (Dunn-D), which died in Senate Judiciary Committee.

SB 69 (Oller-R) Disability: access

Sets forth the duty of an individual with a disability, who in good faith, believes that a public accommodation or housing accommodation does not provide full and equal access, to notify the owner or manager of that accommodation. Sets forth the duty of the owner or manager, or other responsible party, to notify the individual of planned access improvements, as defined, and to make those improvements within a specified period.

(Failed passage in Senate Judiciary Committee)

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

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

(Died on Assembly Inactive File)

SB 225 (Vincent-D) Civil liability: pet death

Provides, except as specified, that any person who causes the intentional or negligent death of another person's pet, or the owner of another animal that causes the death of another person's pet, is liable in a civil action for up to $4,000 in noneconomic damages.

(Died in Senate Judiciary Committee)

SB 307 (Ackerman-R) Grand juries

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

(Died in Senate Judiciary Committee)

SB 325 (Florez-D) Securities fraud: statute of limitations

Extends the statute of limitations for fraud actions relating to corporate securities from three to five years.

(Died in Senate Judiciary Committee)

SB 335 (Romero-D) Corporate Three Strikes Act

Enacts the Corporate Three Strikes Act to require all corporations or partnerships (except religious nonprofits) formed in California or qualified to transact intrastate business to file electronically with the Secretary of State an annual statement of any criminal convictions against the entity during the previous year.

(Failed passage in Senate Appropriations Committee)

SB 458 (Burton-D) Construction defects: affirmative defenses

Clarifies the law related to affirmative defenses in construction defect litigation. Specifies that effected parties other than builders have the same affirmative defenses specified in the construction defect statute.

(Died on Assembly Inactive File)

Other similar legislation were SB 1146 (Dunn-R), SB 1833 (Dunn-R), SB 1839 (Figueroa-D), SB 1915 (Figueroa-D), AB 2333 (Dutra-D), AB 2804 (Calderon-D), and AB 2812 (Dutra-D).

SB 466 (Escutia-D) Civil procedure: permissive joinder

States the Legislature's intent to examine the law permitting permissive joinder of multiple defendants in a single cause of action to determine whether that law has been misused and whether corrective changes are needed.

(Died at Assembly Desk)

SB 658 (Florez-D) Producer's liens

Removes the restriction requiring a farm product or processed form thereof to be in the possession of the processor in order for a lien to attach.

(Died in Senate Agriculture and Water Committee)

SB 835 (Escutia-D) Health care liens

Clarifies the determinations of a charge relative to liens asserted by specified entities for the recovery of money paid or payable to an insured for medical services in the charge appearing on the statement or accounting of services.

(Died in Senate Judiciary Committee)

SB 872 (Alarcon-D) Civil rights: hate crimes

Provides that in any action by an individual seeking relief for discrimination, proof of a hate crime conviction arising under the same incident alleged in the cause of action under these provisions creates a conclusive presumption that a violation of these provisions has been committed.

(Died in Senate Judiciary Committee)

SB 1013 (Ackerman-R) Civil actions: statute of limitations

Repeals several provisions enacted last year by SB 688 (Burton-D). Returns the statute of limitations for personal injury and wrongful death actions to one year, except for victims of the September 11, 2001 terrorist aircraft-related attacks. Restores the summary judgment statute to its pre-SB 688 provisions, which allows a summary judgment motion to be filed and served 28 days (instead of 75 days) before the time set for hearing the motion, and did not provide provisions for an ex parte application or court order for a continuance to allow a party to complete discovery, or require an appellate court to give the parties an opportunity to brief the court on new issues if the court is considering those new issues on appeal.

(Died in Senate Judiciary Committee)

SB 1021 (Poochigian-R) Trusts

Revises and recasts the provisions under the Uniform Principal and Income Act by which a trustee may give a notice of proposed action. Enlarges the circumstances under which a notice of proposed action could be used, specifies the form of the notice, to whom it is to be given, the circumstances under which it is not to be used, and the methods by which a beneficiary may object to a proposed action.

Chapter 54, Statutes of 2004

SB 1146 (Dunn-D) Construction defects

Makes changes in the notice of provisions for mobilehome park rule changes.

(Died in Assembly Judiciary Committee pursuant to Assembly Rule 77.2)

SB 1248 (Bowen-D) Statewide Registry: trustees

Requires the State Department of Justice to make specified information it keeps in the Statewide Registry available to any member of the public upon request. Deletes the registration exemption given trustees who administer less than six trusts at the same time, thus making the Statewide Registry law applicable to all trustees. Creates a new exemption for a trustee who is serving for the benefit of not more than three people or not more than three families, or a combination thereof. Double-jointed with AB 1155 (Liu-D), Chapter 625, Statutes of 2004.

Chapter 548, Statutes of 2004

SB 1249 (Morrow-R) Civil procedure: hearings

Adds to the list of defined terms in the Code of Civil Procedure Section 17 the word "hearing" and states that "hearing," when applied to any demurrer, motion, or order to show cause, signifies oral argument by moving and opposing parties on a record amenable to written transcription which shall be had less affirmatively waived by the parties.

(Died in Senate Judiciary Committee)

SB 1277 (Ackerman-R) Mortgages: foreclosure

Enacts consumer-oriented restrictions on the growing practice of companies who charge a substantial fee (25 to 50 percent of the recovery) for assisting homeowners in obtaining surplus funds after a foreclosure sale.

Chapter 177, Statutes of 2004

SB 1368 (Ortiz-D) Substitute service of process: insurers

Authorizes substitute service on a party's insurer if the party consents.

(Died on Assembly Third Reading File)

SB 1403 (Aanestad-R) Kristie's Law

Repeals the current broad immunity from liability for public agencies and their peace officers when a suspect fleeing a police vehicle pursuit causes injury or death to an innocent third party.

(Died in Senate Judiciary Committee)

SB 1408 (Poochigian-R) Fraudulent transfers

Provides courts with factors that judges may consider in determining whether a debtor's transfer of property is made with fraudulent intent to defraud a creditor. Codifies the factors as a non-exclusive list for consideration and explicitly states the consideration may be given to other factors as well.

Chapter 50, Statutes of 2004

SB 1413 (Brulte-R) Abandoned newborns: safe surrender

Immunizes from civil damages a person who assists another in the voluntary surrender of a newborn child under the "safe surrender law," provided that person is not compensated, believes in good faith that the person he or she is assisting is a parent or individual having lawful custody of the newborn child, and in good faith renders the assistance.

Chapter 103, Statutes of 2004

SB 1465 (Kuehl-D) Subpoenas: labor unions

Treats employment records held by labor organizations the same as employment records held by employers.

Chapter 101, Statutes of 2004

SB 1605 (Murray-D) Genetic information: privacy

Provides that genetic information is the personal property of the individual to whom the information pertains, and is protected by the right to privacy.

(Died in Senate Judiciary Committee)

SB 1659 (Poochigian-R) Eminent domain

Requires that with respect to property taken by eminent domain pursuant to the Community Redevelopment Law, if the property owner intends to replace the property taken in order to continue his or her residency in the "same area," the measure of compensation is the cost to replace the residence or business on the property taken, upon the property within the "same area." Defines "same area" as within either the same city or unincorporated area, or within a radius of 15 miles.

(Died in Senate Judiciary Committee)

SB 1678 (Dunn-D) Statutes of limitation: sexual abuse of a minor

Revises, for a one-year period commencing on January 1, 2005, a civil cause of action for child sexual abuse against the perpetrator if a criminal case filed against the perpetrator for that abuse was dismissed or overturned pursuant to a specified United States Supreme Court decision which held that the underlying statute was an unconstitutional Ex Post Facto law in authorizing a criminal prosecution after the original statute of limitations for the offense had run.

Chapter 741, Statutes of 2004

SB 1810 (Johnson-R) Property: life estates

Provides that a transfer of real property that provides that the title returns to the seller upon death of another party, including, but not limited to, the buyer, constitutes an estate for life.

(Died in Senate Judiciary Committee)

SB 1822* (Figueroa-D) Privacy: online communications

Prohibits, under specified circumstances, a provider of an electronic mail or instant messaging service from knowingly divulging or deriving personally identifiable information, user characteristics, or consent of an electronic mail or instant message while the electronic mail or instant message is being electronically stored by the provider.

(Died in Assembly Judiciary Committee)

SB 1833 (Dunn-D) Construction defects: litigation: insurance

Expresses the Legislature's intent to enact legislation to provide for the equitable resolution of construction defect claims and litigation and to address the costs of liability insurance for builders, contractors and subcontractors.

(Died at Assembly Desk)

Similar legislation is SB 1839 (Figueroa-D), which died at the Assembly Desk.

SB 1915 (Figueroa-D) Construction contracts

Revises and recasts existing law regarding construction contracts to, among other things, apply to indemnitees rather than promisees. Provides that those provisions do not affect the validity of any workers' compensation insurance. Specifies that if a trier of fact determines that the damages are attributable to the indemnitee's sole negligence or willful misconduct, the indemnitor is entitled to full reimbursement of actual costs and attorney's fees in the course of providing a defense to the indemnitee. Requires an indemnitee who has been afforded a defense by an indemnitor to reimburse the indemnitor a percentage of costs and fees actually incurred by the indemnitor in that defense, equal to the indemnitee's percentage of negligence or willful misconduct.

(Died in Assembly Judiciary Committee)

SR 25 (Burton-D) U.S.A. PATRIOT Act

Urges the California congressional delegation to work to repeal any provisions of the U.S.A. PATRIOT Act that limits or impinges on the rights and liberties protected by the Constitution and to oppose any pending or future federal legislation to the extent that it infringes on Americans civil rights and liberties.

(Died in Senate Rules Committee)

This resolution is identical to SJR 22 (Burton-D), which died in the Senate Rules Committee.

AB 18 (Leno-D) Public employment: discrimination

Removes disability from the basis of discrimination as defined in the State Civil Services Act. Includes gender, sexual orientation, physical disability, medical condition, and mental disability. Includes gender, sexual orientation, age, and medical condition within the grounds of discriminatory conduct to which the State Civil Services Act applies.

(Died in Assembly Judiciary Committee)

AB 209 (Leslie-R) Disabled persons: liability

Establishes new procedural hurdles to seeking redress under state law for violations of federal law, an affirmative defense and a cap on damages for unlawful disability discrimination by places of public accommodation.

(Died in Assembly Judiciary Committee)

AB 262 (Chan-D) Pharmacies: physician prescribing data

Prohibits pharmacists and other entities, which have access to physician prescribing data, from selling such data except to a data vendor. Defines "data vendor" as any California or out-of-state entity that acquires physician prescription data from pharmacies or other sources and sells or transfers that data directly, or through intermediaries, to pharmaceutical companies or pharmaceutical benefit managers for any commercial purpose and whose primary purpose is the collection of this data.

(Died in Conference Committee)

AB 286 (Dutra-D) Mechanics' liens

Provides that for home improvement contracts executed in an amount of $15,000 or less, the homeowner may set-off the amount of good faith payments made to the original contractor against the aggregate amount of mechanics' lien claims made against the property.

(Died in Senate Judiciary Committee)

AB 537 (Correa-D) Statutes of limitations: revival of causes of action

Allows Californians to be able to sue to retrieve unpaid wages lost in Vietnam at the end of the war in 1975 by extending the applicable statute of limitations provided that the actions are filed before December 31, 2009.

(Died in Senate Judiciary Committee)

AB 588 (Koretz-D) Animals: research

Bars animal shelters from selling or otherwise transferring live or dead animals for purposes of education, testing, research or biological supply, to animal research facilities or biological supply facilities.

(Died in Assembly Judiciary Committee)

AB 656 (Corbett-D) Gift certificates

Clarifies that gift certificates purchased for another are subject to the existing prohibitions on expiration dates for gift certificates.

Chapter 319, Statutes of 2004

AB 831 (Goldberg-D) Unlawful detainer

Seeks to provide tenants additional time to respond to a summons issued in an unlawful detainer action and to a writ of possession.

(Died on Assembly Inactive File)

AB 842 (Vargas-D) Time-share estates

Provides that a person has the right to rescind a time-share estate, time-share use, incidental benefit, or any right under an exchange program, until midnight of the seventh calendar day, and make related rescission and notice provisions applicable thereto.

(Died in Senate Judiciary Committee)

AB 972 (Correa-D) Contractors: mechanic's lien

Revises the contents of the notice to a property owner relative to a mechanic's lien.

(Died in Assembly Judiciary Committee)

AB 1155 (Liu-D) Conservators and guardians

Requires private professional conservators and private professional guardians to meet educational requirements generally established by the Judicial Council of California. Double-jointed with SB 1248 (Bowen-D), Chapter 548, Statutes of 2004.

Chapter 625, Statutes of 2004

AB 1231 (Simitian-D) Arbitration agreements

Creates an exemption from specified ethics standards for arbitrations for a real estate licensee assisting in a dispute resolution solely for real estate licensees administered by a trade association or multiple listing service, as defined, for disputes between members and not consumer disputes.

(Died in Assembly Judiciary Committee)

AB 1333 (Spitzer-R) Mechanics' liens: design professionals

Provides that a pay-if-paid provision in a contract between a design professional and a consultant to perform services in anticipation of a work of improvement is enforceable if the services are performed prior to the commencement of the site improvement, as specified, and site improvement has not commenced or the work of improvement is a public work of improvement.

(Died in Assembly Judiciary Committee)

AB 1448 (Liu-D) Elder and dependent adult abuse: civil actions

Contains findings and declarations that it is the public policy of the State of California to ensure that applicants and residents of long-term care facilities have the full benefit of the rights and procedures contained in the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). Precludes a long-term care facility from requesting in its contract of admission, or otherwise prior to a dispute, that a resident or applicant agree to arbitrate or otherwise waive any rights or procedures provided under EADACPA, including but not limited to the right to file a civil action against the facility for violation of EADACPA. Precludes a long-term care facility from retaliating against an applicant or resident because he or she refuses to waive rights or procedures provided for in this chapter or to sign or comply with an arbitration agreement in violation of this bill.

(Died on Assembly Inactive File)

AB 1707 (Assembly Judiciary Committee) Disability discrimination

Increases the minimum civil penalty for violations of the Disabled Persons Act to $4,000.

Vetoed by the Governor

AB 1714 (Assembly Judiciary Committee) Arbitration

Makes a corrective wording change in the law relating to consumer arbitration agreements.

(Died at Senate Desk)

AB 1811 (Bogh-R) Privacy: social security numbers

Prohibits the public posting or displaying of any portion of an individual's social security number.

(Died in Assembly Judiciary Committee)

AB 1848 (Harman-R) Certification of trusts

Allows the recordation of a certification of a trust that relates to an interest in real property and permits a successor trustee to execute and record an affidavit of change of trustee if title to an interest in property is affected by the change of trustee. Requires the county recorder to index this document and to charge a fee as prescribed by law for the recordation, as specified.

Chapter 136, Statutes of 2004

AB 1851 (Harman-R) Incapacity: protective proceedings

Allows the court to establish a special needs trust for a disabled minor that will continue until after the minor reaches the age of 18. Permits a parent, guardian or conservator or other interested person to petition the court to establish a "special needs trust" under specified conditions. Changes the reference in provisions related to special needs trusts, from an "incompetent person" to a "person with a disability," thereby conforming to federal law, and expands the definition to include a person with physical disability who lacks capacity to give consent.

Chapter 67, Statutes of 2004

AB 1863 (Harman-R) Corporate liability

Extends the time that a plaintiff has to file a civil action, under the Corporate Securities Act of 1968, to within five years after the violation or within two years of the plaintiff's discovery of the violation, whichever occurs first.

(Died in Assembly Judiciary Committee)

AB 1883 (Harman-R) Trustees: bonds

Permits a court to require a bond when it is necessary to protect the interests of persons (other than beneficiaries) who have an interest in a trust estate. Permits the court to excuse the bond requirement, reduce or increase bond, release a surety, or permit substitution of a bond with the same or different sureties, of a person not named in the trust who was appointed by the court. Prohibits the court from excusing from the bond requirement a person who is not named in a trust when appointed trustee by the court, except under compelling circumstances.

Chapter 75, Statutes of 2004

AB 1909 (Dutra-D) Product liability: obesity health claims

Provides manufacturers, distributors and sellers of food or nonalcoholic beverages with immunity from liability for obesity-related health claims.

(Died in Assembly Judiciary Committee)

AB 1910 (Harman-R) Decedents' estates: posthumously conceived children

Establishes the procedure for determining the rights of a posthumously conceived child with respect to distribution of property after a decedent's death.

Chapter 775, Statutes of 2004

A similar bill was AB 695 (Harmon-R), which died in Assembly Judiciary Committee.

AB 1912 (Richman-R) Privileged communications

Adds to existing law the express statement that it is the policy of the State of California to encourage employers to provide accurate, truthful and substantive information based upon credible evidence concerning the performance and qualifications of current and former employees to prospective employers when requested to do so.

(Died in Senate Judiciary Committee)

AB 1917 (Maze-R) Immunity from liability: anhydrous ammonia

Provides immunity from liability by providing that a person who is injured while stealing or attempting to steal anhydrous ammonia may not recover damages from a person who lawfully owns, applies, sells or manufactures the anhydrous ammonia.

(Died in Assembly Judiciary Committee)

AB 1950 (Wiggins-D) Privacy: personal information

Requires a business that owns or licenses information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect it from unauthorized access, destruction, use, modification, or disclosure.

Chapter 877, Statutes of 2004

AB 1964 (Leslie-R) Evictions: special occupancy parks

Permits the park management of a special occupancy park to evict a guest if the guest refuses or fails to depart by the checkout time, if the park has a contractual obligation to provide the guest's rental unit to another customer. Provides guidelines to be followed if park management wants to tow a vehicle.

Chapter 530, Statutes of 2004

AB 1990 (Campbell-R) Trusts: trustee liability

Clarifies that a clause in a trust instrument that relieves a trustee of liability for breach of trust is enforceable if a beneficiary fails to object to an item in a report or accounting within 180 days of the beneficiary's receipt of the report or accounting, providing certain conditions are met, including a prescribed notice.

Chapter 538, Statutes of 2004

AB 2071 (Houston-R) Construction defects

Bars any action to recover damages for or arising from a latent deficiency against any person who develops real property, if that action is brought more than six years after the substantial completion of the development or improvement. Provides, however, that these actions based on soil subsidence or similar specified conditions will be barred if the action is brought more than ten years after the substantial completion of the development or improvement.

(Died in Assembly Judiciary Committee)

AB 2081 (Nakano-D) Settlement offers

Provides that any party may serve an offer in writing, not less than ten days prior to the commencement of trial or arbitration, upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions started at that time, as long as that offer includes an offer to enter in a settlement.

(Died in Assembly Judiciary Committee)

AB 2202 (Pacheco-R) Summary judgment: time periods

Allows parties moving for summary judgment additional time in which to file the motion if the court decides there is good cause or the parties so agree.

(Died in Assembly Judiciary Committee)

AB 2211 (Plescia-R) Summary judgment: time periods

Allows judges and their clerks more time to review summary judgment motion papers prior to a hearing on the motion. In so doing, it both shortens the time by which parties opposing such motions (usually plaintiffs) may argue their case, and extends the time by which parties moving for summary judgment (usually defendants) may argue their side.

(Died in Assembly Judiciary Committee)

AB 2221 (Campbell-R) Contracts: translation

Deletes the requirement in existing law that contracts be translated into the language of Chinese, Tagalog, Vietnamese, or Korean, and requires only unexecuted translations of those contracts or arguments.

(Died in Assembly Judiciary Committee)

AB 2333 (Dutra-D) Construction defect actions

Declares that it is the intent of the Legislature to protect the interests of all involved parties in the resolution of construction defect claims and litigation.

(Died in Senate Rules Committee)

AB 2347 (Maddox-R) Collection actions: attorneys fees

Increases the amount of attorneys fees awardable pursuant to statute (rather than pursuant to agreement of the parties) to a prevailing party in a collection action on an open book account from a maximum of $660 to a maximum of $800 for a consumer debt, and to $1,000 for a business debt.

Chapter 328, Statutes of 2004

AB 2489 (Maddox-R) Animal shelters: immunity from liability

Provides an exemption from liability to any public or private animal shelter that provides an animal for adoption or sale that subsequently attacks another animal or person.

(Died in Assembly Judiciary Committee)

AB 2503 (Liu-D) Rental of 15-passenger vans: disclosure of hazards

Requires a rental car company to provide a renter of a 15-passenger van with a copy of the State Department of Transportation, National Highway Traffic Safety Administration's warning and safety recommendations for 15-passenger vans titled, "Reducing The Risk of Rollover Crashes in 15-Passenger Vans."

Chapter 883, Statutes of 2004

AB 2537 (Mountjoy-R) Children's privacy protection

Prohibits the sale or purchase of personal information concerning a child without parental consent except that the consent of the parent (or legal guardian) is presumed, unless the parent or legal guardian withdraws his or her consent.

(Died in Assembly Judiciary Committee)

AB 2549 (Pacheco-R) Works of improvement: disputed amounts

Revises existing statutes authorizing the withholding of disputed amounts owed to a contractor to provide for greater specificity and clarity in the amounts that may be withheld in a pending dispute.

Vetoed by the Governor

AB 2594 (Leslie-R) Disability discrimination

Imposes additional procedural requirements and limitations on persons with disabilities who seek to redress violations of state law regarding disability discrimination by businesses, housing accommodations and public facilities.

(Died in Assembly Judiciary Committee)

AB 2599 (Calderon-D) Mediation proceedings: videotaping

Requires mediation proceedings to be videotaped for the sole purpose of review by the mediator.

(Died in Assembly Judiciary Committee)

AB 2656 (Jackson-D) Motor vehicles: civil actions

Regulates the circumstances under which consumers may waive their legal rights in contracts with specified automobile dealers.

(Died on Assembly Inactive File)

AB 2687 (Canciamilla-D) Public administrators

Revises and recasts current provisions in the Probate Code related to public administrations. Expands the authority of the public administrator to take control of a decedent's property that is subject to loss, waste, injury or misappropriations. Authorizes the public administrator to conduct a summary administration, as specified and without court order, of a decedent's estate that does not exceed $30,000 in value, and summary administration, with court order, of a decedent's estate that does not exceed $100,000. Increases the public administrator's minimum fee for the performance of his/her duties from $750 to $1,000. Authorizes a tax sale of real property to proceed if the public administrator determines that the anticipated equity in the real property, after payment of liens and taxes, does not warrant probate administration.

Chapter 888, Statutes of 2004

AB 2761 (Leno-D) Car rental contracts: unbundling of rates

Permits rental car companies to separately quote and charge additional rental fees and charges in addition to the contract base rental to qualified business renters renting under a business program, so long as a good faith estimate of the total charge is provided to the renter at the time the reservation is made or when the car is picked up for rental. Provides that this exception to current law's requirement to quote or charge a "bundled" rental rate applies only in cases of a "qualified business rental" where the business renter has produced more than $25,000 in gross rental revenue in the past year or is expected to produce that amount of rental revenue in the upcoming year.

Chapter 536, Statutes of 2004

AB 2804 (Calderon-D) Construction defect litigation

Declares that is the intent of the Legislature to protect the interests of all involved parties in the resolution of construction defect claims and litigation.

(Died in Senate Rules Committee)

AB 2806 (Wyland-R) Payment bonds: notices

Extends the time for giving written notice to a surety to 75 days after completion of the work relative to public work and payment for labor or materials has not been made.

(Died in Assembly Judiciary Committee)

AB 2812 (Dutra-D) Construction defects

Declares that it is the intent of the Legislature to consider whether the existing process for resolution of residential construction defect claims pursuant to Title 7 of Part 2 of Division 2 of the Civil Code could be revised for the mutual benefit of consumers, builders, contractors, building trades, subcontractors, insurers, and others who may be interested in the equitable and expeditious resolution of these controversies.

(Died in Senate Rules Committee)

AB 2840 (Corbett-D) Rental vehicles: electronic surveillance

Prohibits rental companies from using, accessing, or obtaining any information relating to a renter's use of a rental vehicle obtained using electronic surveillance technology, except in certain limited circumstances.

Chapter 317, Statutes of 2004

AB 2872 (Maddox-R) Trusts: notices

Permits an interested person, as defined, to request notice of proceedings concerning a trust in the same manner that a beneficiary may request notice. Defines "interested person" as a creditor of a trust or a creditor of a deceased trustor.

Chapter 334, Statutes of 2004

AB 2932 (Harman-R) Commercial law: secured transactions

Makes changes to provisions of the Civil Code governing fraudulent transfers and to provisions of the Vehicle Code governing transfers of title or interest, to conform to changes recently made to the Uniform Commercial Code provisions governing secured transactions.

(Died in Assembly Judiciary Committee pursuant to Assembly Rule 77.2)

AB 3016 (Pavley-D) Privacy: social security numbers

Deletes an exception in existing law that allows a person or business to use a consumer's social security number (SSN) as an identification or account number when the SSN has been in continuous use since July of 2002. Becomes effective on July 1, 2006.

Chapter 282, Statutes of 2004

AB 3078 (Assembly Judiciary Committee) Procedure: civil actions

Revises the timelines for filing motions in a civil action by requiring a party to serve and file before the time appointed for hearing (1) moving and supporting papers at least 16 court days, instead of the current 21 calendar days, (2) opposing papers at least nine court days, instead of 10 calendar days, and (3) replay papers at least five court days, instead of five calendar days before the hearing. Clarifies the cutoff date for discover in civil actions, clarifies the standing of emancipated minors in small claims court, and improves the notice of return for nonpayment of underpayment of filing fees.

Double-jointed with AB 3081 (Assembly Judiciary Committee), Chapter 182, Statutes of 2004.

Chapter 171, Statutes of 2004

AB 3081 (Assembly Judiciary Committee) Civil discovery

Reorganizes the statutes governing civil discovery into short sections closely tracking the existing language and sequencing.

Double-jointed with AB 3078 (Assembly Judiciary Committee), Chapter 171, Statutes of 2004.

Chapter 182, Statutes of 2004

AB 3082 (Assembly Judiciary Committee) Maintenance of the codes

Makes numerous technical changes in the California codes that have been recommended by the Legislative Counsel's Office.

Chapter 183, Statutes of 2004

Index (in Bill Order)