Friday Policy Update – Week of June 27th

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Week of June 27, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of June 27th. 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: 6/27/2011-In Assembly. Ordered to Engrossing and Enrolling.
Location: 6/27/2011-A. ENROLLMENT
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: 6/29/2011-In committee: Set second hearing. Failed passage. Reconsideration granted.
Location: 6/29/2011-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: 6/27/2011-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: 6/27/2011-S. PUB. S.
Summary:
Current law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under current law, criminal profiteering activity is defined to include specified crimes, including human trafficking. This bill would include within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act. This bill contains other related provisions and other current laws.

AB 116 (Committee on Budget)   Public safety.
Status: 6/29/2011-Read second time. Ordered to third reading.
Location: 6/29/2011-S. THIRD READING
Summary:
Current law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would , effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. This bill contains other related provisions and other current laws.

AB 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 6/28/2011-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
Location: 6/28/2011-S. PUB. S.
Summary:
Would require a defendant who is being released prior to sentencing by county jail personnel, pursuant to a court order or policy mandating the release of inmates, to sign a release agreement with the same requirements as those pertaining to a defendant who is released under his or her own recognizance, including the defendant’s promise to appear at the time and place he or she is given in writing by the jail personnel at the time of release. This bill contains other related provisions and other current laws.

AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 6/28/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/28/2011-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 288 (Fong D)   Public postsecondary education: community colleges: expulsion hearing.
Status: 6/27/2011-In committee: Placed on APPR. suspense file.
Location: 6/27/2011-S. APPR. SUSPENSE FILE
Summary:
Current law establishes community college districts, administered by a governing board, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. This bill would authorize the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment to any individual who has been expelled from a community college within the preceding 5 years, or who is, at the time of the application, undergoing expulsion procedures, for certain offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require the board or a delegate to hold a hearing, before taking action to deny enrollment or permit conditional enrollment, before making the determination as to whether the person continues to pose a risk. The bill would authorize a governing board of a district to delegate its authority under these provisions to the superintendent or president of the district, or to his or her designee. This bill contains other related provisions and other current laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 6/28/2011-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: 6/28/2011-S. PUB. S.
Summary:
Would require local law enforcement agencies responsible for taking or collecting rape kit evidence to annually report to the Department of Justice statistical information pertaining to the testing and submission for DNA analysis of rape kits, as specified. The initial report would be due by July 1, 2013. The reports received by the department would be subject to inspection under the California Public Records Act. This bill contains other related provisions and other current laws.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 6/28/2011-Read second time. Ordered to third reading.
Location: 6/28/2011-S. THIRD READING
Summary:
Current law provides for enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, and further provides that assets or property may be preserved by the court, as specified, in order to pay restitution and fines imposed in connection with those enhanced penalties. This bill would, in addition, provide for the preservation of assets and property by the court in order to pay all restitution and fines, and would apply those preservation of assets provisions in the case of a person who commits a single felony, a material element of which is fraud or embezzlement, if that conduct involves the taking or loss of more than $100,000. This bill contains other related provisions and other current laws.

AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 6/28/2011-In committee: Set first hearing. Failed passage. Reconsideration granted.
Location: 6/28/2011-S. PUB. S.
Summary:
Would authorize a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require the restorative justice program to be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, public defender, and other interested groups. The bill would prohibit the use of General Fund moneys to fund the program. The bill would include related findings and declarations.

AB 454 (Silva R)   Protective orders: early termination.
Status: 6/27/2011-In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.
Location: 6/27/2011-A. CONCURRENCE
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 520 (Ammiano D)   Vehicles: reckless driving: suspension of licenses.
Status: 6/28/2011-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: 6/28/2011-S. PUB. S.
Summary:
Would terminate a driver’s license suspension, and make the person eligible for a restricted driver’s license, for a person convicted of reckless driving in satisfaction of, or substitute for, an original charge of driving-under-the-influence, if certain conditions are met, including that the person complete a 90-day suspension period and install an ignition interlock device. The bill would require the department to advise the person of the above conditions. The bill would require that the restricted driver’s license privilege be subject to certain restrictions, including that the privilege be limited to the hours necessary for driving from the person’s place of employment.

AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 6/28/2011-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
Location: 6/28/2011-S. PUB. S.
Summary:
Under current law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, is guilty of a felony, punishable as specified. This bill would make those provisions apply to the infliction of that type of injury on the fiancé or fiancée of that person or on someone with whom the person has, or previously had, a dating or engagement relationship. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 6/27/2011-In Assembly. Ordered to Engrossing and Enrolling.
Location: 6/27/2011-A. ENROLLMENT
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: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
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 764 (Swanson D)   Personal income taxes: voluntary contributions: Child Victims of Human Trafficking Fund.
Status: 6/29/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 6/29/2011-S. APPR.
Summary:
Current law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow an individual taxpayer to designate on the tax return, that a specified amount in excess of the tax liability be transferred to the Child Victims of Human Trafficking Fund established in the State Treasury . This bill contains other related provisions.

AB 765 (Achadjian R)   Crimes: rape.
Status: 6/28/2011-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
Location: 6/28/2011-S. PUB. S.
Summary:
Current law provides various circumstances that constitute rape including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would additionally provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim’s cohabitant, as provided. This bill contains other related provisions and other current laws.

AB 813 (Fletcher R)   Sex offenders: punishment: parole.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 4. Noes 0.) (June 28). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
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: 6/27/2011-In Assembly. Ordered to Engrossing and Enrolling.
Location: 6/27/2011-A. ENROLLMENT
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 898 (Alejo D)   Crime victims: restitution: fine.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
Summary:
Would make the minimum restitution fine not less than $300 , if the person is convicted of a felony, and not less than $150 , if the person is convicted of a misdemeanor, and make other conforming changes. By increasing the amounts deposited into the Restitution Fund, this bill would make an appropriation.

SB 92 (Committee on Budget and Fiscal Review)   Budget Act of 2011.
Status: 7/1/2011-Signed by the Governor
Location: 7/1/2011-S. CHAPTERED
Summary:
Current law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would, effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. This bill contains other related provisions and other current laws.

SB 119 (Lowenthal D)   Emergency youth shelter facilities.
Status: 6/30/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/30/2011-A. APPR.
Summary:
Would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified youth at least 12 years of age and 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 . 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 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. This bill contains other related provisions and other current laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 6/28/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Location: 6/28/2011-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 consulting 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 personnel acting within their scope of practice or licensure under the supervision of a physician and surgeon. The bill would authorize the treating physician and surgeon to request to communicate directly with the consulting physician and surgeon, and would require the consulting physician and surgeon to examine and treat the patient in person when it is determined to be medically necessary, as specified. 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 428 (Strickland R)   Lester’s Law of 2011.
Status: 6/27/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: 6/27/2011-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 490 (Hancock D)   Death penalty.
Status: 6/28/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 6/28/2011-A. PUB. S.
Summary:
Would abolish the death penalty, and provide instead for imprisonment in the state prison for life without the possibility of parole. The bill would halt executions unless the voters fail to approve this bill and would provide that where a defendant or inmate was sentenced to death prior to the date of the enactment of the bill, upon voter approval of this bill, the defendant’s or inmate’s sentence would automatically be converted to life imprisonment without the possibility of parole. The bill would state findings and declarations of the Legislature regarding the death penalty. The bill would provide that it would only become effective if certain of its provisions are submitted to and approved by the electors at the next statewide general election.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 6/28/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/28/2011-A. APPR.
Summary:
(1) Current law provides that no costs incurred by a qualified health care professional, hospital, or other emergency medical facility for the examination of the victim of a sexual assault for the purposes of gathering evidence for possible prosecution shall be charged directly or indirectly to the victim of the assault. Current law provides that the law enforcement agency in the jurisdiction in which the alleged sexual assault was committed which requests the examination has the option of determining whether or not the examination will be performed in the office of a physician and surgeon, and bills fo r those costs shall be submitted to that local jurisdiction and the local jurisdiction shall bear those costs. This bill would delete the provision requiring that the costs be treated as local costs and charged to the local government agency in whose jurisdiction the alleged offense was committed, and the provision that the bills for the costs shall be submitted to the local law enforcement agency. This bill would delete the provision giving the local law enforcement agency the option of whether or not the examination will be performed in the office of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 557 (Kehoe D)   Family justice centers.
Status: 6/28/2011-Do pass, as amended, to Consent Calendar.
Location: 6/28/2011-A. CONSENT CALENDAR
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: 6/28/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/28/2011-A. APPR.
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. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Current provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing, operative until January 1, 2012, generally specify that the appropriate term rests within the sound discretion of the court. Current law, operative on and after January 1, 2012, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2014 , 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: 6/28/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 6/28/2011-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 total budget, including actual expenditures, staff vacancies, overtime, sick leave; and the number of authorized staff positions, and the average length of lockdowns , on January 10, March 15, and a fiscal year-end report, and to post those reports on the department’s Internet Web site , as provided .

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on J., E.D. & E. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on J., E.D. & E.
Location: 6/28/2011-A. J., E.D. & E.
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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