Friday Policy Update – Week of June 20th

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Week of June 20, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of June 20th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Help CALCASA push our legislative agenda by signing up and Taking Action!

 

AB 12 (Swanson D)   Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011.
Status: 6/22/2011-Ordered to special consent calendar.
Location: 6/22/2011-S. CONSENT CALENDAR
Summary:
Would enact the Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011, and would require that a person who is convicted of seeking to procure or procuring the sexual services of a prostitute, if the prostitute is under 18 years of age, be ordered to pay an additional fine not to exceed $25,000 to be available upon appropriation by the Legislature to fund programs and services for commercially sexually exploited minors in the counties where the underlying offenses are committed .

AB 13 (Knight R)   Public school volunteers.
Status: 6/20/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 6/8/2011-S. ED.
Summary:
Would specify that each of these provisions applies to charter schools. The bill would also authorize a school district, county office of education, or charter school to request a local law enforcement agency to conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether that person has been convicted of a felony controlled substance offense that involves a minor or a violent or serious felony, as specified. The bill would additionally prohibit persons who have been convicted of violent or serious felonies, specified sex offenses, or felony controlled substance offenses, as specified, from serving as nonteaching volunteer aides , but would provide that a person would not be prohibited from serving as a nonteaching volunteer aide solely because of a conviction of a controlled substance offense that involves a minor or a violent or serious felony 5 years after the date of that conviction . This bill contains other current laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 6/21/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 6/8/2011-S. PUB. S.
Summary:
Would provide that a person who deprives or violates another person’s liberty with the intent to effect or maintain the felony of making available to another person a person under 16 years of age for the purpose of any lewd or lascivious act, or the felony of the procurement of minors in the preparation of material depicting sexual conduct by a minor, is guilty of human trafficking. This bill contains other related provisions and other current laws.

AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 6/21/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 6/21/2011-S. APPR.
Summary:
Would require the Crime Laboratory Review Task Force force to be reconvened and to submit to the Legislature a supplemental report, on or before July 1, 2013, that includes a proposal regarding the composition of a statewide oversight body to perform tasks relating to crime laboratories, including overseeing investigations into acts of misconduct or negligence committed by any employee or contractor of a crime laboratory, as specified . The bill would include a statement of legislative findings and declarations .

AB 454 (Silva R)   Protective orders: early termination.
Status: 6/22/2011-Ordered to special consent calendar.
Location: 6/22/2011-S. CONSENT CALENDAR
Summary:
Would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice , as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.

AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 6/22/2011-Ordered to special consent calendar.
Location: 6/22/2011-S. CONSENT CALENDAR
Summary:
Current law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Current law permits the tenant to quit the premises after notification and limits the tenant’s obligation for payment of rent, as specified. Current law requires the notice to terminate the tenancy to be given within 60 days of the date the order was issued or the report was made, or as specified. This bill instead would require that the notice to terminate the tenancy be given within 180 days of the date the order was issued or the report was made, or as specified. The bill would also make nonsubstantive, technical corrections.

AB 648 (Block D)   Clemency.
Status: 6/20/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
Location: 6/20/2011-S. PUB. S.
Summary:
Would require that, at least 10 days before the Governor acts upon any application for a commutation, the application signed by the person applying be served upon the district attorney of the county where the conviction was had. The bill would authorize the district attorney to submit a written recommendation to the Governor for or against commutation of sentence. The bill would further require the district attorney to notify the victim or victims of the crime or crimes related to the application for commutation of sentence and those persons’ family members, and allow those persons to submit a recommendation to the Governor for or against commutation of sentence. By imposing additional duties on the district attorney, this bill would create a state-mandated local program. This bill contains other related provisions and other current laws.

AB 799 (Swanson D)   Commercially sexually exploited minors.
Status: 6/21/2011-Enrolled and presented to the Governor at 11:40 a.m.
Location: 6/21/2011-A. ENROLLED
Summary:
Current law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.

AB 813 (Fletcher R)   Sex offenders: punishment: parole.
Status: 6/22/2011-Read second time and amended. Re-referred to Com. on JUD.
Location: 6/22/2011-S. JUD.
Summary:
Current law creates the Sex Offender Management Board, within the jurisdiction of the Department of Corrections and Rehabilitation, empowered to address any issues, concerns, and problems related to the community management of adult sex offenders, including the main objective of the board to achieve safer communities by reducing victimization. The board is required, on or before July 1, 2011, to develop and update standards for certification of sex offender management professionals. This bill would give board members immunity from liability for their good faith conduct. The bill would provide that any person who knowingly provides false information in connection with an application for certification as a sex offender management professional would be subject to a civil penalty of up to $1,500, in addition to any other remed y available to the board, and would allow any public prosecutor to bring an action for a civil penalty in the name of the people of the State of California . This bill contains other related provisions and other current laws.

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 6/22/2011-Ordered to special consent calendar.
Location: 6/22/2011-S. CONSENT CALENDAR
Summary:
Current law establishes the rights of crime victims, witnesses, and other specified persons to appear, reasonably express his or her views, and to have the court consider his or her statements. This bill would prohibit the court from releasing the statements to the public prior to being heard in court.

AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea.
Status: 6/22/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 6/8/2011-S. PUB. S.
Summary:
Would establish special maritime jurisdiction for crimes against persons on board a ship outside of the state under specified circumstances , including when there is a suspect on board a ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state, when the master of the ship or an official of the flag state, as defined, commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state, when the state where the crime occurred requests the exercise of jurisdiction by this state, when the crime occurs during a voyage on which over 1/2 of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, or where the victim is a California law enforcement officer on board the ship in connection with his or her official duties. The bill would provide that a crime against the person or property of another that is punishable by law when committed in this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, as specified. Because this bill would expand the application of crimes to a new category of people, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 119 (Lowenthal D)   Emergency youth shelter facilities.
Status: 6/21/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on HUM. S.
Location: 6/21/2011-A. HUM. S.
Summary:
Would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified minors under 18 years of age, except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013, as specified, which , once adopted, would be the only licensing standards applicable to emergency youth shelters. Until the adoption of the regulations, the bill would require the department to grant facilities that satisfy the definition of an emergency youth shelter a waiver or exception for current licensing standards, under certain circumstances. This bill would allow an emergency youth shelter that is operating under a group home license to apply for an immediate transfer to an emergency youth shelter license, upon adoption of the regulations required under the bill. The bill would authorize a facility licensed as a group home to provide emergency youth shelter services to youth, including foster youth. This bill contains other related provisions and other current laws.

SB 139 (Alquist D)   Corrections: Inspector General.
Status: 6/23/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/23/2011-A. APPR.
Summary:
Would authorize the Inspector General, or its successor, to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature quarterly regarding those searches, as specified.

SB 233 (Pavley D)   Emergency services and care.
Status: 6/21/2011-Set, first hearing. Hearing canceled at the request of author.
Location: 6/9/2011-A. HEALTH
Summary:
Would recast the definition of emergency services and care to include other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of consultation to also mean the rendering of a decision regarding hospitalization or transfer and would provide that consultation includes review of the patient’s medical record, examination, and treatment of the patient in person by a specialty physician and surgeon when determined to be medically necessary jointly by the treating physician and surgeon and the consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of when stabilization of a patient has occurred to include the opinion of other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 6/22/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
Location: 6/22/2011-A. APPR.
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 428 (Strickland R)   Lester’s Law of 2011.
Status: 6/22/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
Location: 6/22/2011-A. APPR.
Summary:
Current law generally regulates governmental access to financial records. Current law provides that the dissemination of records pursuant to specified provisions shall not be prohibited. This bill would include within that category of records which the dissemination of shall not be prohibited, the dissemination of financial information and records pursuant to an order by a judge under specified authority relating to mortgage fraud. This bill contains other related provisions and other current laws.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 6/21/2011-Do pass as amended, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.
Location: 6/21/2011-A. CONSENT CALENDAR
Summary:
Would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand the provision of forensic medical examinations paid for by a local agency, it would impose a state-mandated local program. The bill would provide that specified funds in the annual Budget Act for the California Emergency Management Agency shall be used to reimburse any state-mandated reimbursable costs resulting from this act that would otherwise be claimable through the state mandates reimbursement process. The bill would make related conforming changes. This bill contains other related provisions and other current laws.

SB 557 (Kehoe D)   Family justice centers.
Status: 6/22/2011-From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on JUD.
Location: 6/22/2011-A. JUD.
Summary:
Would authorize the Cities of San Diego and Anaheim, and the Counties of Alameda and Sonoma, until January 1, 2014, to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, officer-involved domestic violence, sexual assault, elder or dependent adult abuse, stalking, cyberstalking, cyberbullying, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location and to enhance victim safety, increase offender accountability, and improve access to services for victims of crime, as provided. The bill would permit the family justice centers to be staffed by law enforcement, medical, social service, and child welfare personnel, among others. This bill contains other related provisions.

SB 576 (Calderon D)   Sentencing.
Status: 6/21/2011-Do pass as amended, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.
Location: 6/21/2011-A. CONSENT CALENDAR
Summary:
Current law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. This bill would extend to January 1, 2016, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

SB 601 (Hancock D)   Corrections: prisons: accountability report.
Status: 6/21/2011-Set, first hearing. Hearing canceled at the request of author.
Location: 6/13/2011-A. PUB. S.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a Corrections Accountability Report containing specified information regarding each institution, including, among other information, the number of inmates disciplined and the number of inmate appeals related to disciplinary actions, on a monthly basis and to post the report once a month on the department’s Internet Web site.

SB 622 (Corbett D)   Sex offenders: registration.
Status: 6/22/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 6/22/2011-A. PUB. S.
Summary:
Current law, the Sex Offender Registration Act, requires persons who have been convicted of specified crimes to register as sex offenders, including persons who have been convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as one or more specified sex crimes. This bill would instead require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the convicted offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other current laws.

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 6/20/2011-Referred to Coms. on B., P. & C.P. and J., E.D. & E.
Location: 6/20/2011-A. B.,P. & C.P.
Summary:
Current law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies. This bill would prohibit a scrutinized company, as defined, from entering into a contract with a state agency for goods or services, as provided. This bill contains other related provisions.

 

Phillip Ung has been the Public Policy for CALCASA since February 2010. He provides support, analysis, and outreach on media and policy related issues. Prior to arriving at CALCASA, Phillip served as a media aide for the Obama for America campaign, legislative aide to a state legislator, and most recently as an advocate for a political consulting firm. Phillip serves on the Judicial Council’s Violence Against Women Education Project, CDCR’s GPS Taskforce, Public Safety Realignment Working Group, and works closely with the CA Sex Offender Management Board.

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