2015 Legislative Review

Bills We Supported in 2015 that Were Successfully Enacted:

AB-0071 Criminal Justice Reporting Each law enforcement agency must annually report to DOJ when police are involved in: shooting of civilian and vice versa; or, use of force results in serious bodily injury or death and vice versa. Report to include gender, race, and age of each individual shot, injured, or killed; date, time, and location of incident; whether civilian was armed, and type of weapon; type of force used against the officer, the civilian, or both; number of officers/ civilians involved in the incident; brief description regarding circumstances. Summary in DOJ annual crime report.
AB-0080 Creates 21-member Interagency Taskforce on the Status of Men and Boys of Color consisting of members from Legislature and various state agencies including Employment Development Department, UC offices, and CSU offices, to focus on education, law enforcement, jobs, human services, among other fields. Will conduct a study, then propose recommendations, goals and policies.
AB-0258 Cannabis Patient Organ Transplants Prohibits hospitals from discriminating against medical cannabis patients for purposes of receiving organ transplants.
AB-0303 Strip Searches of Youth in Custody Allows juveniles to request that correctional officers of the opposite sex not “be in view” during strip searches.
AB-0592 Proof of Dependency Authorizes Department of Social Services to provide proof of wardship upon request of former ward.
AB-0610 Child Support in Custody Provides for automatic suspension of child support obligations for prisoner incarcerated more than 90 days; does not apply retroactively.
AB-0666 Auto-Sealing Juvenile Records Automatically seal juvenile records in the custody of law enforcement, probation, and any other public agency upon completing specified forms of probation.
AB-0672 Reentry Services for Wrongful Convictions Requires CDCR to assist a wrongfully convicted person by providing transitional services upon release from prison.
AB-0730 Transportation of Controlled Substances Restricts definition “transport” of controlled substances to mean “transport for sale.”
AB-0899 No Deportations for Juvenile Records Prohibits giving juvenile records to the federal government regardless of immigration status, strengthening prior law that only certain people (attorneys, judges, etc.) could view files.
AB-0900 Wardship to Prevent Deportation Allows guardianship to continue (or be started) after age 18 to 21, so youth can apply for lawful permanent residence.
AB-0953 Racial and Identity Profiling Act of 2015 Revises the definition of racial profiling to racial and identity profiling; expand prohibition to probation and parole officers; require officers against whom complaints are lodged to participate in continuous training; requires AG to have a Racial and Identity Profiling Advisory Board.
AB-1036 Identification for Notaries Makes jail identification an allowable form of identification for a notary to prove identity.
AB-1056 Second Chance Housing Program Requires the BSCC to administer a competitive grant program that focuses on community-based solutions for reducing recidivism, to steer savings from Proposition 47 (2014) to housing people recently released from prison.
AB-1140 Prohibits denial of victim compensation applications based on interactions with law enforcement at scene of the crime or failure to report for sexual assault victims. Expands eligibility to grandparents/grandchildren. Changes the compensation prohibition from “everyone under correctional custody” to only apply to violent/sex offenders under correctional custody/sex offender registry. Removes the statutory prioritization of nonfelons.
AB-1156 Record Remedy for Realignment Felonies Allows for recall of sentence for persons convicted of a felony and committed to county jail. Allows realignment jail prisoner to petition for a certificate of rehabilitation.
AB-1328 Prosecutorial Misconduct In situations where prosecutor “intentionally or knowingly failed to disclose relevant materials and information” (Brady violations), the court is required to inform the State Bar that the failure to disclose has occurred, and can also disqualify individual prosecuting attorney or their whole office from the case.
AB-1352 Expungement Post-DEJ Permits people who successfully completed a deferred entry of judgment to withdraw the guilty plea altogether, so they won’t be deported.
AB-1375 Imprisonment for Nonpayment of Fine Increases the amount of criminal fees paid by a day’s imprisonment from $30 to $125.
SB-0178 Electronic Communications Privacy Act Prohibits government entities from accessing electronic communication or devices without a warrant except in specific emergency situations.
SB-0230 Parole Abolishes the parole matrix. Allows the Governor to reverse a decision by the Board of Parole Hearings to release a prisoner, until the time of release.
SB-0261 Youth Offender Parole Hearings Requires Board of Parole Hearings to conduct a youth offender parole hearing for prisoners sentenced to state prison who committed specified crimes when they were under age 23 (as opposed to prior limit of age 18). Requires the Board to complete, by July 1, 2017, all youth offender parole hearings for those who were sentenced to indeterminate life terms.
SB-0343 Prisoner Literacy Adds librarians for prison literacy programs and credit incentives for completing educational degrees in prison.
SB-0382 Juvenile Sentencing Jurisdiction Clarifies the criteria used by courts to determine whether to transfer a youth to adult court.
SB-0405 Traffic Fines Amnesty Increases eligibility for the sliding-scale traffic court amnesty program for outstanding fines and fees, ensures that court fees do not preclude a defendant from scheduling a court hearing, and changes from 10 days to 20 days the deadline to contest civil assessment fees.
SB-0411 Recording Police Clarifies that recording police in public is legal and not grounds for arrest.
SB-0445 School for Homeless Youth Requires a local educational agency serving a homeless child to allow the child to continue his/her education in the school of origin while homeless, and sets related requirements governing the enrollment of homeless children.
SB-0484 Foster Youth Medication Sets reporting and standard-setting rules for foster homes and group homes regarding children taking psychotropic drugs.
SB-0504 Starting Over Strong Eliminates fee for sealing juvenile records, makes it free
SB-0517 Court Release of Probationer Allows a court to release from jail, on any terms it wants, a person who was arrested for violating probation conditions, unless the person is serving flash incarceration
SB-0519 Youth Offender Parole Hearings Requires that the Board of Parole Hearings must hold all Youth Offender Parole Hearings by January 1, 2018.
SB-0601 Requires CDCR to develop an online quarterly accountability report called a Data Dashboard, including total budget and actual expenditures, and number of days spent in lockdown. Also requires CDCR to submit a final report on the Case Management Reentry Pilot Program by 7/31/2017.
SB-0621 Mentally Ill Offender Crime Reduction Grants Authorizes funds from a grant program for counties that expands or establishes responsive programs for mentally ill offenders, including alternative custody programs, to be used for specialized diversion programs that offer appropriate mental health services.
SB-0635 Wrongful Conviction Increases the amount of compensation for a person who has been proven innocent from $100 to $140 per day of incarceration, or custody.

 

Bills We Opposed in 2015 that Became New Law:

AB-0266 Medical Marijuana Regulation “Oppose Unless Amended” to remove conviction-based licensing discrimination: Creates a bureau to license and regulate medical cannabis businesses; requires DOJ background checks of license applicants and submission of a signed statement, under penalty of perjury, that the information on his or her application is true, thereby creating a new crime; requires that license applicants with various past felonies be denied.
AB-0545 Domestic Violence Requires that people previously convicted of domestic battery, who are now facing charges of domestic violence or corporal injury resulting in traumatic condition, are incarcerated for at least 48 hours.
AB-0835 Vehicular Manslaughter Extends statute of limitations for fleeing the scene of an accident that caused injury to six years.
AB-0989 Juvenile Record Sealing Authorizes DAs and probation departments to access sealed juvenile records for the limited purpose of determining a minor’s eligibility for informal supervision, and authorizes probation departments to access records for the limited purpose of determining a minor’s prior program referrals and risk-needs assessments.
SB-0212 Aggravating Factors Requires court to consider, as an aggravating factor at sentencing for manufacturing a controlled substance by chemical extraction, that a person under sixteen years old was in the house, unless the sentencing enhancement is pled and proved. Allows court to consider, as an aggravating factor, that a violation involving methamphetamine occurred within 200 feet of an occupied residence, or that use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence.
SB-0413 Music on BART New infraction punishing making “unreasonably loud” noise in or on a BART facility or train.
SB-0507 “Sexually Violent Predators” When a DA is trying to return a person to civil commitment, if the psychological evaluator is unavailable to testify at the hearing, the DA can bring a new psych evaluator, and subpeona the person’s psych records, but no expert or third party can see it.
SB-0626 Authorizes SMART (Sonoma/Marin Area Rapid Transit) to establish a chief of police position and require contracting for additional police from local agencies (meaning, have police with guns instead of security without guns).
SB-0722 Removing GPS Monitor New felony punishing certain sex offenders who intentionally remove or disable a GPS monitoring device.