2014 Legislative Review

Bills We Supported in 2014 that Were Successfully Enacted:

AB-2396 Prohibit a board within the Department of Consumer Affairs from denying a professional license to an applicant based solely on a conviction that has been dismissed by the court pursuant to Penal Code 1203.4, 1203.4a, or 1203.41. Must show proof of dismissal
AB-2634 Injunctive relief against nonparties to prohibit the underlying act, if a civil action is brought in response to an act under color of law, and it is established that the act under color of law is the result of a pattern or practice of activity. May seek appropriate equitable and declaratory relief to eliminate a pattern or practice of conduct
AB-2190 Will allow one who has been found not competent or NGI to be placed in outpatient or other suitable facility without first having to spend 180 days in state hospital or other treatment facility; streamlines procedures; makes conservatorship investigation report available to defendant or counsel, but keeps it otherwise confidential unless requested by defendant or counsel.
AB-2308 Requires the Department of Corrections to ensure that eligible inmates released from state prisons have valid identification cards, but they must have photo ID less than 10 years old with DMV already and be lawful residents.
AB-1579 When a family does not already include a needy child qualified for aid under CalWORKs, aid shall be paid to a pregnant woman for the month when her baby is due and 6 months before.
AB-1628 Allows a grandparent to petition for visitation of a child whose parents are married but one parent is incarcerated or involuntarily institutionalized
SB-1058 “Junk science”: Creates a new grounds to file a habeas petition: where the trial expert’s testimony was subsequently repudiated.
SB-0833 Allows people to stay at county jails for up to 16 hours after their release date, in order to be released during safe daytime hours, instead of the middle of the night.
SB-1135 Prohibits forced sterilization of inmates for birth control purposes; jails/prisons will write an annual report on sterilization.
AB-2060 Provides grant money to fund job training for people serving supervised release.
AB-2276 Ensure education for justice-involved youth returning home, and prevent school discrimination against system-involved youth that prevents return to school funds, subject to an appropriation in the annual Budget Act.
AB-2382 Eliminate the truancy double penalty for CalWORKs families
AB-2492 End the requirement that a person convicted of being under the influence of drugs serve at least 90 days in a county jail, and delete the requirement that, as a condition of granting probation, the person serve at least 90 days in a county jail. Authorize the court to grant probation for not more than 5 years in addition to any jail sentence imposed.
AB-2603 No drug prosecution for picking up a friend’s prescription and bringing it to them
SB-0980 Make post-conviction DNA testing easier. Burden on state to pay even if applicant is not indigent. Broadens and eases counsel’s access to evidence and broadens the scope of DNA to be tested (i.e. not just defendant’s)
SB-1391 Allows community colleges to collect funds for inmate programs within prisons. Provides a grant program for community college Innovative Career Education programs with sequences of courses leading to industry and state certification. Provides the direction and means for the Department of Corrections and Rehabilitation in collaboration with the Chancellor of the Community Colleges to develop metrics for the evaluation of career education programs and for the potential replication of programs most successful in enabling formerly incarcerated men and women to secure high skills jobs upon release.
AB-1271 Encourage school districts and county offices of education to include, in a school safety plan those guidelines for the roles and responsibilities of certain parties with school-related health and safety responsibilities, protocols to address the mental health care of pupils who have witnessed a violent act at school.
AB-1650 Ban The Box for state contractors’ on-site contruction jobs
AB-1702 Prior incarceration cannot be sole reason for disqualification when applying for a professional license, unless directly-related
SB-1054 Changes guidelines for the mentally ill offender crime reduction grant program.
SB-1161 federal Institutions for Mental Disease exclusion regulations only permit reimbursement for services in residential care facilities with 16 beds or fewer and medical detoxification services, only in general acute hospitals, functionally making both services inaccessible to MediCal/DMC beneficiaries; this ;aw will help remove the barrier to treatment created by the IMD exclusion.
AB-0336 Requires prosecutors to make written offer of proof to prove relevance before introducing condoms as evidence of prostitution
AB-0966 CDCR to establish 5 year plan to provide condoms in prisons
SB-1010 same penalty for cocaine base and cocaine powder
SB-1310 change misdemeanor sentence from “one year” to “364 days” (significantly reduces deportations)
SB-1038 Require juvenile court to dismiss minor’s petition if the minor satisfactorily completed probation; require the court to seal all records pertaining to dismissed petition, but would authorize a prosecuting attorney and the probation department of any county to have access to those records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. Deletes the restriction that the petition be dismissed before minor turns 21.
SB-1384 End the requirement that the Public Health department deny a training and examination application and deny, suspend, or revoke a CNA certificate if the applicant or certificate holder has been convicted of a violation or attempted violation of one or more specified crimes.
AB-1535 Allows pharmacists to distribute naloxone
AB-2124 Allow judge to order deferred entry of judgment over prosecution objection
AB-2309 Adds certain controlled substances to the list of drugs for which a prosecutor may offer deferred entry of judgment under PC1000
AB-2357 CDCR’s assessments of inmates must additionally include inmates’ military service when placing the inmate in programs that will aid in his or her reentry to society and that will most likely reduce the inmate’s chances of reoffending.
AB-2570 Require CA Rehabilitation Oversight Board (CROB) to examine & annually review CDCR’s efforts to help prisoners obtain postrelease healthcare coverage
AB-2646 Apply strict judicial scrutiny to any state law that restructures the political process in a manner that places unique burdens on a member of a minority group with regard to an issue of primary importance to that minority group. Help ensure that the majority cannot deny the minority an equal opportunity to impact the political process.
SB-1063 Require state and local juvenile detention facilities to identify individuals housed in those facilities who are of age to register to vote, to assist those individuals in determining their eligibility for registration, to provide affidavits of voter registration to eligible voters, and to assist with registration cards.
SB-1111 Limit school pushouts, not send students to schools that are full or educationally inappropriate
SB-1296 End incarceration for truancy

 

Bills We Opposed in 2014 that Became New Law:

AB-1438 Sex offenses with children (10 years of age or younger): sex offenders not eligible to get a certificate of rehabilitation and/or be relieved of their duty to register
AB-1498 Currently, the victim or witness of a sex crime has to ask the judge to get a restraining order. This law allows the judge to issue a restraining order on her own motion, and, sex offenses files would be clearly marked at Court so that the judge knows that she must consider issuing a restraining order even if the victim is not asking.
AB-2685 Allow a representative from the Victims Compensation and Government Claims Board to submit information directly to the court relevant to the Board’s losses pursuant to funds already paid, before the imposition of a sentence. The bill also amends inheritance notifications so that estate attorneys do not have to conduct research into whether a trustee has ever previously been in prison.
SB-0838 “Audrie’s Law” amends various sections of code to require sex offender treatment programs for sex offenses in which social media was used to threaten, intimidate, bully the victim (felony sex offenses:  up to $10,000 fine; misdemeanor: up to $5,000 fine; to allow members of the public to be admitted to otherwise closed trials; and to create a presumption of unfitness for juvenile court for any minor aged 14 or older who committed a sex offense in which social media was used.
SB-0910 Previously, criminal restraining orders for domestic violence were issued by the judge to protect the partner of the offender. This new law allows the judge to issue one towards the children of any of the partners.
SB-0926 Increases the statute of limitation for a felony sex offense on a minor (previously prosecution could be started anytime prior to the victim’s 28th birthday; now, 40th).
SB-1283 Makes the use or possession of synthetic cannabinoid compound or any synthetic cannabinoid derivative punishable as an infraction.
AB-1511 Require the Department of Justice and local criminal justice agencies to provide state and local summary criminal history information to an animal control officer for the purposes of performing his or her duties. It would also allow them to charge a ‘reasonable fee’ for this.
SB-1136 Allows child welfare agencies to request documentation from Department of Social Services of which licensed foster care providers have conviction histories, and rehabilitation information. Child welfare agencies must get updated CORIs directly from Department of Justice. This conviction history information will not include resolved arrests, but will include pending arrests. Foster parents can review the conviction history documentation that DOJ sends to child welfare agencies, and appeal decisions.
AB-1340 Solitary confinement in state hospitals, known as “enhanced treatment programs.”
AB-1512 Extend to 2018 existing law allowing transfer of post-trial jail inmates to other counties when current counties’ facilities are inadequate.
AB-2632 Prohibit Department of Social Services, with regard to community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and child day cares, from issuing a criminal record clearance to a person with a record of an arrest prior to the Department’s completion of an investigation of that arrest record.
SB-0702 Increase punishment for the misdemeanor of impersonation via false badge or the making/selling of false badges, to one year and $2,000 fine.
SB-1388 additional criminal penalties for prostitution clients
AB-2501 Provocation to support a finding of “sudden quarrel” or “heat of passion” for purposes may of voluntary manslaughter cannot be motivated, in part or in whole, by the defendant’s discovery of or knowledge about, or the potential disclosure of (1) one or more of specified characteristics, including gender, race, religion, and sexual orientation, as specified, or (2) the victim’s association with a person or group with one or more of those characteristics.