BILL NUMBER: SB 1461 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Committee on Public Safety (Senators Hancock (Chair),
Anderson, De León, Knight, Liu, Mitchell, and Steinberg)
MARCH 3, 2014
An act to amend Section 25401 of the Corporations Code, to amend
Section 6306 of the Family Code, to amend Section 12002 of the Fish
and Game Code, to amend Section 15155 of the Government Code, to
amend Section 655.7 of the Harbors and Navigation Code, to amend
Sections 1796.58, 11352, and 11379 of the Health and Safety Code, to
amend Sections 19.8, 273.75, 290.012, 311.11, 814, 4902, 11102.2, and
31000 of the Penal Code, and to amend Section
Sections 213.5, 602 , and 1401 of the Welfare
and Institutions Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1461, as amended, Committee on Public Safety. Public safety.
(1) Existing law makes it a misdemeanor, punishable by a fine of
not more than $2,000, imprisonment in the county jail for not more
than one year, or by both that fine and imprisonment, to fail to
visit and remove all animals from traps at least once daily. Existing
law makes it a misdemeanor, punishable by a fine of $1,000,
imprisonment in the county jail for not more than 6 months, or by
both that fine and imprisonment, to set or maintain traps that do not
bear a number or other identifying mark, as specified.
This bill would instead provide that setting or maintaining traps
that do not bear a number or other identifying mark, as specified, is
punishable by a fine of not more than $2,000, imprisonment in the
county jail for not more than one year, or by both that fine and
imprisonment, and that failing to visit and remove all animals from
traps at least once daily is punishable by a fine of $1,000,
imprisonment in the county jail for not more than 6 months, or by
both that fine and imprisonment.
(2) Existing law requires the Department of Justice to maintain a
statewide telecommunications system of communication for the use of
law enforcement agencies. The system is under the direction of the
Attorney General. Existing law requires the Attorney General to
appoint an advisory committee on the California Law Enforcement
Telecommunications System to advise and assist in the management of
the system. The committee serves at the pleasure of the Attorney
General, without compensation, except for reimbursement of necessary
travel expenses. Existing law requires the committee to consist of
representatives from specified organizations, including from the
Department of General Services.
This bill would change the membership of the committee by
substituting the representative from the Department of General
Services with a representative from the Office of Emergency Services.
(3) Existing law regulates the operation of personal watercraft,
as defined, and imposes various requirements for the manufacture and
safe operation of a personal watercraft. Existing law prohibits a
person from operating a personal watercraft at any time between the
hours from sunset to sunrise. A violation of this provision is an
infraction.
This bill would exempt marine patrols, harbor police, or emergency
personnel in the performance of their duties from that prohibition.
(4) Existing law categorizes controlled substances into 5
schedules. Existing law, subject to exceptions, makes it an offense
to, among other things, transport specified Schedule I and Schedule
II controlled substances, or any Schedule III, IV, or V controlled
substance which is a narcotic drug, unless upon written prescription,
as specified. Existing law, subject to exceptions, makes it an
offense to, among other things, transport specified Schedule III, IV,
or V controlled substances which are not a narcotic drug, unless
upon written prescription, as specified. Existing law provides that
these provisions do not preclude or limit the prosecution of an
individual for aiding and abetting the commission of, or conspiring
to commit, those prohibited acts.
This bill would additionally provide that those provisions do not
preclude or limit the prosecution of an individual for acting as an
accessory to those prohibited acts.
(5) Existing law requires, commencing January 1, 2011, the
Department of Justice to establish, implement, and maintain a
confirmation program to process fingerprint-based criminal record
background clearances on individuals designated by agencies as
custodians of records. Existing law requires agencies to designate
custodians of records, and to annually notify the department as to
the identity of the agencies' custodians of records.
This bill would delete that annual notification requirement.
(6) Under existing law and until January 1, 2016, California is a
party to an interstate compact for juveniles. That compact requires
California, among other things, to appoint a commissioner to the
Interstate Commission for Juveniles and to create a state council for
interstate juvenile supervision. Existing law makes the executive
director of the Correction Standards Authority the compact
administrator.
This bill, instead, would make the Secretary of the Department of
Corrections and Rehabilitation the compact administrator.
(6)
(7) This bill would make other technical, nonsubstantive
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25401 of the Corporations Code is amended to
read:
25401. It is unlawful for any person, in connection with the
offer, sale, or purchase of a security, directly or indirectly, to do
any of the following:
(a) Employ a device, scheme, or artifice to defraud.
(b) Make an untrue statement of material fact or omit to state a
material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
(c) Engage in an act, practice, or course of business that
operates or would operate as a fraud or deceit upon another person.
SEC. 2. Section 6306 of the Family Code is amended to read:
6306. (a) Prior to a hearing on the issuance or denial of an
order under this part, the court shall ensure that a search is or has
been conducted to determine if the subject of the proposed order has
any prior criminal conviction for a violent felony specified in
Section 667.5 of the Penal Code or a serious felony specified in
Section 1192.7 of the Penal Code; has any misdemeanor conviction
involving domestic violence, weapons, or other violence; has any
outstanding warrant; is currently on parole or probation; has a
registered firearm; or has any prior restraining order or any
violation of a prior restraining order. The search shall be conducted
of all records and databases readily available and reasonably
accessible to the court, including, but not limited to, the
following:
(1) The California Sex and Arson Registry (CSAR).
(2) The Supervised Release File.
(3) State summary criminal history information maintained by the
Department of Justice pursuant to Section 11105 of the Penal Code.
(4) The Federal Bureau of Investigation's nationwide database.
(5) Locally maintained criminal history records or databases.
However, a record or database need not be searched if the
information available in that record or database can be obtained as a
result of a search conducted in another record or database.
(b) (1) Prior to deciding whether to issue an order under this
part or when determining appropriate temporary custody and visitation
orders, the court shall consider the following information obtained
pursuant to a search conducted under subdivision (a): any conviction
for a violent felony specified in Section 667.5 of the Penal Code or
a serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
(2) Information obtained as a result of the search that does not
involve a conviction described in this subdivision shall not be
considered by the court in making a determination regarding the
issuance of an order pursuant to this part. That information shall be
destroyed and shall not become part of the public file in this or
any other civil proceeding.
(c) (1) After issuing its ruling, the court shall advise the
parties that they may request the information described in
subdivision (b) upon which the court relied. The court shall admonish
the party seeking the proposed order that it is unlawful, pursuant
to Sections 11142 and 13303 of the Penal Code, to willfully release
the information, except as authorized by law.
(2) Upon the request of either party to obtain the information
described in subdivision (b) upon which the court relied, the court
shall release the information to the parties or, upon either party's
request, to his or her attorney in that proceeding.
(3) The party seeking the proposed order may release the
information to his or her counsel, court personnel, and
court-appointed mediators for the purpose of seeking judicial review
of the court's order or for purposes of court proceedings under
Section 213.5 of the Welfare and Institutions Code.
(d) Any information obtained as a result of the search conducted
pursuant to subdivision (a) and relied upon by the court shall be
maintained in a confidential case file and shall not become part of
the public file in the proceeding or any other civil proceeding.
However, the contents of the confidential case file shall be
disclosed to the court-appointed mediator assigned to the case or to
a child custody evaluator appointed by the court pursuant to Section
3111 of the Family Code or Section 730 of the Evidence Code. All
court-appointed mediators and child custody evaluators appointed or
contracted by the court pursuant to Section 3111 of the Family Code
or Section 730 of the Evidence Code who may receive information from
the search conducted pursuant to subdivision (a) shall be subject to,
and shall comply with, the California Law Enforcement
Telecommunications System policies, practices, and procedures adopted
pursuant to Section 15160 of the Government Code.
(e) If the results of the search conducted pursuant to subdivision
(a) indicate that an outstanding warrant exists against the subject
of the order, the court shall order the clerk of the court to
immediately notify, by the most effective means available,
appropriate law enforcement officials of the issuance and contents of
any protective order and of any other information obtained through
the search that the court determines is appropriate. The law
enforcement officials so notified shall take all actions necessary to
execute any outstanding warrants or any other actions, with respect
to the restrained person, as appropriate and as soon as practicable.
(f) If the results of the search conducted pursuant to subdivision
(a) indicate that the subject of the order is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of the issuance and contents
of any protective order issued by the court and of any other
information obtained through the search that the court determines is
appropriate. That officer shall take all actions necessary to revoke
any parole or probation, or any other actions, with respect to the
restrained person, as appropriate and as soon as practicable.
(g) Nothing in this section shall delay the granting of an
application for an order that may otherwise be granted without the
information resulting from the database search. If the court finds
that a protective order under this part should be granted on the
basis of the affidavit presented with the petition, the court shall
issue the protective order and shall then ensure that a search is
conducted pursuant to subdivision (a) prior to the hearing.
SEC. 3. Section 12002 of the Fish and Game Code is amended to
read:
12002. (a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county jail
for not more than six months, or by both that fine and imprisonment.
(b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:
(1) Section 1059.
(2) Subdivision (c) of Section 4004.
(3) Section 4600.
(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
(5) A first violation of Section 8670.
(6) Section 10500.
(7) Unless a greater punishment is otherwise provided, a violation
subject to subdivision (a) of Section 12003.1.
(c) Except as specified in Sections 12001 and 12010, the
punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a
fine of not more than five thousand dollars ($5,000), imprisonment in
the county jail for not more than six months, or by both that fine
and imprisonment.
(d) (1) A license, tag, stamp, reservation, permit, or other
entitlement or privilege issued pursuant to this code to a defendant
who fails to appear at a court hearing for a violation of this code,
or who fails to pay a fine imposed pursuant to this code, shall be
immediately suspended or revoked. The license, tag, stamp,
reservation, permit, or other entitlement or privilege shall not be
reinstated or renewed, and no other license, tag, stamp, reservation,
permit, or other entitlement or privilege shall be issued to that
person pursuant to this code, until the court proceeding is completed
or the fine is paid.
(2) This subdivision does not apply to any violation of Section
1052, 1059, 1170, 5650, 5653.9, 6454, 6650, or 6653.5.
SEC. 4. Section 15155 of the Government Code is amended to read:
15155. The committee shall consist of representatives from the
following organizations:
(1) Two representatives from the Peace Officers' Association of
the State of California.
(2) One representative from the California State Sheriffs'
Association.
(3) One representative from the League of California Cities.
(4) One representative from the County Supervisors Association of
California.
(5) One representative from the Department of Justice.
(6) One representative from the Department of Motor Vehicles.
(7) One representative from the Office of Emergency Services.
(8) One representative from the California Highway Patrol.
(9) One representative from the California Police Chiefs
Association.
SEC. 5. Section 655.7 of the Harbors and Navigation Code is
amended to read:
655.7. (a) A person operating a personal watercraft equipped by
the manufacturer with a lanyard-type engine cutoff switch shall
attach the lanyard to his or her person, clothing, or personal
flotation device, as appropriate for the specific vessel.
(b) No person shall operate a personal watercraft equipped by the
manufacturer with a self-circling device if the self-circling device
or engine throttle has been altered in any way that would impede or
prevent the self-circling device from operating in its intended
manner.
(c) Every personal watercraft shall, at all times, be operated in
a reasonable and prudent manner. Maneuvers that unreasonably or
unnecessarily endanger life, limb, or property, including, but not
limited to, jumping or attempting to jump the wake of another vessel
within 100 feet of that other vessel, operating the personal
watercraft toward any person or vessel in the water and turning
sharply at close range so as to spray the vessel or person, or
operating at a rate of speed and proximity to another vessel so that
either operator is required to swerve at the last minute to avoid
collision, is unsafe or reckless operation of a vessel.
(d) A person shall not operate a personal watercraft at any time
between the hours from sunset to sunrise. This subdivision does not
apply to marine patrol, harbor police, or emergency personnel in the
performance of their duties.
(e) This section does not apply to a performer who is engaged in a
professional exhibition or to a person who is participating in a
regatta, race, marine parade, tournament, exhibition, or other event
sanctioned by the United States Coast Guard or authorized by a permit
issued by the local entity having jurisdiction over the area where
the event is held.
(f) Any violation of this section is an infraction.
SEC. 6. Section 1796.58 of the Health and Safety Code is amended
to read:
1796.58. Any person who violates this chapter, or who willfully
or repeatedly violates a rule or regulation promulgated under this
chapter, is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed one thousand dollars
($1,000) or by imprisonment in a county jail for a period not to
exceed 180 days, or by both that fine and imprisonment.
SEC. 7. Section 11352 of the Health and Safety Code is amended to
read:
11352. (a) Except as otherwise provided in this division, every
person who transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into this
state, sell, furnish, administer, or give away, or attempts to import
into this state or transport (1) any controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports any controlled substances specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for three, six, or
nine years.
(c) For purposes of this section, "transports" means to transport
for sale.
(d) This section does not preclude or limit the prosecution of an
individual for aiding and abetting the commission of, or conspiring
to commit, or acting as an accessory to, any act prohibited by this
section.
SEC. 8. Section 11379 of the Health and Safety Code is amended to
read:
11379. (a) Except as otherwise provided in subdivision (b) and in
Article 7 (commencing with Section 4211) of Chapter 9 of Division 2
of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport any controlled substance which is (1) classified in
Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d) of
Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),
and (23) of subdivision (d), (3) specified in paragraph (11) of
subdivision (c) of Section 11056, (4) specified in paragraph (2) or
(3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) of subdivision (f), of
Section 11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for a period of two, three, or four
years.
(b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports any controlled substances specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for three, six, or
nine years.
(c) For purposes of this section, "transports" means to transport
for sale.
(d) Nothing in this section is intended to preclude or limit
prosecution under an aiding and abetting theory, accessory theory, or
a conspiracy theory.
SEC. 9. Section 19.8 of the Penal Code is amended to read:
19.8. (a) The following offenses are subject to subdivision (d)
of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, and
853.7 of this code; subdivision (c) of Section 532b, and subdivision
(o) of Section 602 of this code; subdivision (b) of Section 25658
and Sections 21672, 25661, and 25662 of the Business and Professions
Code; Section 27204 of the Government Code; subdivision (c) of
Section 23109 and Sections 5201.1, 12500, 14601.1, 27150.1, 40508,
and 42005 of the Vehicle Code, and any other offense that the
Legislature makes subject to subdivision (d) of Section 17. Except
where a lesser maximum fine is expressly provided for a violation of
those sections, a violation that is an infraction is punishable by a
fine not exceeding two hundred fifty dollars ($250).
(b) Except in cases where a different punishment is prescribed,
every offense declared to be an infraction is punishable by a fine
not exceeding two hundred fifty dollars ($250)
(c) Except for the violations enumerated in subdivision (d) of
Section 13202.5 of the Vehicle Code, and Section 14601.1 of the
Vehicle Code based upon failure to appear, a conviction for an
offense made an infraction under subdivision (d) of Section 17 is not
grounds for the suspension, revocation, or denial of a license, or
for the revocation of probation or parole of the person convicted.
SEC. 10. Section 273.75 of the Penal Code is amended to read:
273.75. (a) On any charge involving acts of domestic violence as
defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and 6211 of the Family Code, the district
attorney or prosecuting city attorney shall perform or cause to be
performed, by accessing the electronic databases enumerated in
subdivision (b), a thorough investigation of the defendant's history,
including, but not limited to, prior convictions for domestic
violence, other forms of violence or weapons offenses and any current
protective or restraining order issued by any civil or criminal
court. This information shall be presented for consideration by the
court (1) when setting bond or when releasing a defendant on his or
her own recognizance at the arraignment, if the defendant is in
custody, (2) upon consideration of any plea agreement, and (3) when
issuing a protective order pursuant to Section 136.2 of the Penal
Code, in accordance with subdivision (h) of that section. In
determining bail or release upon a plea agreement, the court shall
consider the safety of the victim, the victim's children, and any
other person who may be in danger if the defendant is released.
(b) For purposes of this section, the district attorney or
prosecuting city attorney shall search or cause to be searched the
following databases, when readily available and reasonably
accessible:
(1) The California Sex and Arson Registry (CSAR).
(2) The Supervised Release File.
(3) State summary criminal history information maintained by the
Department of Justice pursuant to Section 11105 of the Penal Code.
(4) The Federal Bureau of Investigation's nationwide database.
(5) Locally maintained criminal history records or databases.
However, a record or database need not be searched if the
information available in that record or database can be obtained as a
result of a search conducted in another record or database.
(c) If the investigation required by this section reveals a
current civil protective or restraining order or a protective or
restraining order issued by another criminal court and involving the
same or related parties, and if a protective or restraining order is
issued in the current criminal proceeding, the district attorney or
prosecuting city attorney shall send relevant information regarding
the contents of the order issued in the current criminal proceeding,
and any information regarding a conviction of the defendant, to the
other court immediately after the order has been issued. When
requested, the information described in this subdivision may be sent
to the appropriate family, juvenile, or civil court. When requested,
and upon a showing of a compelling need, the information described in
this section may be sent to a court in another state.
SEC. 11. Section 290.012 of the Penal Code is amended to read:
290.012. (a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within five working days of his or her birthday,
to update his or her registration with the entities described in
subdivision (b) of Section 290. At the annual update, the person
shall provide current information as required on the Department of
Justice annual update form, including the information described in
paragraphs (1) to (5), inclusive of subdivision (a) of Section
290.015. The registering agency shall give the registrant a copy of
the registration requirements from the Department of Justice form.
(b) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice. Every person who, as
a sexually violent predator, is required to verify his or her
registration every 90 days, shall be notified wherever he or she next
registers of his or her increased registration obligations. This
notice shall be provided in writing by the registering agency or
agencies. Failure to receive this notice shall be a defense to the
penalties prescribed in subdivision (f) of Section 290.018.
(c) In addition, every person subject to the Act, while living as
a transient in California, shall update his or her registration at
least every 30 days, in accordance with Section 290.011.
(d) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice California Sex and Arson Registry (CSAR).
SEC. 12. Section 311.11 of the Penal Code is amended to read:
311.11. (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip,
the production of which involves the use of a person under 18 years
of age, knowing that the matter depicts a person under 18 years of
age personally engaging in or simulating sexual conduct, as defined
in subdivision (d) of Section 311.4, is guilty of a felony and shall
be punished by imprisonment in the state prison, or a county jail for
up to one year, or by a fine not exceeding two thousand five hundred
dollars ($2,500), or by both the fine and imprisonment.
(b) Every person who commits a violation of subdivision (a), and
who has been previously convicted of a violation of this section, an
offense requiring registration under the Sex Offender Registration
Act, or an attempt to commit any of the above-mentioned offenses, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, four, or six years.
(c) Each person who commits a violation of subdivision (a) shall
be punished by imprisonment in the state prison for 16 months, or two
or five years, or shall be punished by imprisonment in a county jail
for up to one year, or by a fine not exceeding two thousand five
hundred dollars ($2,500), or by both the fine and imprisonment, if
one of the following factors exists:
(1) The matter contains more than 600 images that violate
subdivision (a), and the matter contains 10 or more images involving
a prepubescent minor or a minor who has not attained 12 years of age.
(2) The matter portrays sexual sadism or sexual masochism
involving a person under 18 years of age. For purposes of this
section, "sexual sadism" means the intentional infliction of pain for
purposes of sexual gratification or stimulation. For purposes of
this section, "sexual masochism" means intentionally experiencing
pain for purposes of sexual gratification or stimulation.
(d) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
(e) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America, nor
does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.
(f) For purposes of determining the number of images under
paragraph (1) of subdivision (c), the following shall apply:
(1) Each photograph, picture, computer or computer-generated
image, or any similar visual depiction shall be considered to be one
image.
(2) Each video, video-clip, movie, or similar visual depiction
shall be considered to have 50 images.
SEC. 13. Section 814 of the Penal Code is amended to read:
814. A warrant of arrest issued under Section 813 may be in
substantially the following form:
County of ____
The people of the State of California to any peace officer of said
State:
Complaint on oath having this day been laid before me that the
crime of ____ (designating it generally) has been committed and
accusing ____ (naming defendant) thereof, you are therefore commanded
forthwith to arrest the above named defendant and bring him before
me at ____ (naming the place), or in case of my absence or inability
to act, before the nearest or most accessible magistrate in this
county.
Dated at _____________ (place) this day of ,
20__.
______________________________________
(Signature and full official title of
______________
magistrate.)
SEC. 14. Section 4902 of the Penal Code is amended to read:
4902. (a) If the provisions of Section 851.865 or 1485.55 apply
in any claim, the California Victim Compensation and Government
Claims Board shall, within 30 days of the presentation of the claim,
calculate the compensation for the claimant pursuant to Section 4904
and recommend to the Legislature payment of that sum. As to any claim
to which Section 851.865 or 1485.55 does not apply, the Attorney
General shall respond to the claim within 60 days or request an
extension of time, upon a showing of good cause.
(b) Upon receipt of a response from the Attorney General, the
board shall fix a time and place for the hearing of the claim, and
shall mail notice thereof to the claimant and to the Attorney General
at least 15 days prior to the time fixed for the hearing. The board
shall use reasonable diligence in setting the date for the hearing
and shall attempt to set the date for the hearing at the earliest
date convenient for the parties and the board.
(c) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to
subdivision (a), the board
shall fix a time and place for the hearing of the claim, mail
notice thereof to the claimant at least 15 days prior to the time
fixed for the hearing, and make a recommendation based on the
claimant's verified claim and any evidence presented by him or her.
SEC. 15. Section 11102.2 of the Penal Code is amended to read:
11102.2. (a) (1) As used in this section, "custodian of records"
means the individual designated by an agency as responsible for the
security, storage, dissemination, and destruction of the criminal
records furnished to the agency and who serves as the primary contact
for the Department of Justice for any related issues.
(2) As used in this section, "agency" means any public or private
entity that receives criminal history information from the Department
of Justice.
(3) As used in this section, "department" means the Department of
Justice.
(b) Commencing January 1, 2011, the department shall establish,
implement, and maintain a confirmation program to process
fingerprint-based criminal record background clearances on
individuals designated by agencies as custodians of records.
Commencing July 1, 2011, no person shall serve as an agency custodian
of records unless confirmed by the department. Criminal justice
agency personnel who have undergone a state and federal criminal
record background check are exempt from the requirements of this
section. The department shall charge a fee of thirty dollars ($30) to
cover the costs of the confirmation program in addition to a fee
sufficient to cover the cost of processing the appropriate state and
federal level criminal record background check.
(c) Every agency must designate at least one custodian of records.
(1) The agency shall submit to the department the fingerprint
images and related information of the individual or individuals
designated by the agency to serve as the custodian or custodians of
records, along with the appropriate fees and documentation. The
department shall retain one copy of the fingerprint impressions to
process a state level criminal record background check, and it shall
submit one copy of the fingerprint impressions of each individual to
the Federal Bureau of Investigation to process a federal level
criminal record background check.
(2) The department shall retain the fingerprint impressions for
subsequent arrest notification pursuant to Section 11105.2.
(d) Every individual confirmed as a custodian of records shall be
at least 18 years of age and shall have completed and submitted a
written application prescribed by the department.
(e) Prior to confirming an individual as a custodian of records,
the department shall determine that the applicant possesses the
required honesty, credibility, truthfulness, and integrity to fulfill
the responsibilities of the position.
(f) The department shall not confirm any individual who has been
convicted of a felony offense or any other offense that involves
moral turpitude, dishonesty, or fraud, or that impacts the applicant'
s ability to perform the duties or responsibilities of a custodian of
records. The confirmation shall be revoked if, at any time, the
individual is convicted of either a felony offense, or any other
offense that involves moral turpitude, dishonesty, or fraud, or that
impacts the applicant's ability to perform the duties or
responsibilities of a custodian of records.
(g) In addition to subdivision (f), the department may refuse to
confirm any individual as a custodian of records or revoke or suspend
the confirmation of any custodian of records if the individual has
done any of the following:
(1) Made a substantial and material misstatement or omission in
the application submitted to the department.
(2) Been convicted of an offense of a nature incompatible with the
duties of a custodian of records. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of this
subdivision.
(3) Failed to discharge fully and faithfully any of the duties or
responsibilities required of a custodian of records.
(4) Been adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties of a custodian of records.
(5) Committed any act involving dishonesty, fraud, or deceit.
(6) Failed to submit any remittance payable upon demand by the
department under this section or failed to satisfy any court ordered
money judgment, including restitution.
(h) The agency shall immediately notify the department when the
designated custodian of records no longer serves in that capacity.
SEC. 16. Section 31000 of the Penal Code is amended to read:
31000. (a) Any person who lawfully acquired an assault weapon
before June 1, 1989, or a .50 BMG rifle before January 1, 2005, and
wishes to use it in a manner different than specified in Section
30945 shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
(b) Any person who lawfully acquired an assault weapon between
June 1, 1989, and January 1, 1990, and wishes to keep it after
January 1, 1990, shall first obtain a permit from the Department of
Justice in the same manner as specified in Article 3 (commencing with
Section 32650) of Chapter 6.
(c) Any person who wishes to acquire an assault weapon after
January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
first obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(d) On and after January 1, 2014, no partnership, corporation,
limited liability company, association, or any other group or entity,
regardless of how the entity was created, may be issued a permit to
possess an assault weapon or a .50 BMG rifle.
SEC. 17. Section 213.5 of the Welfare
and Institutions Code is amended to read:
213.5. (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure or in the manner provided by Section
6300 of the Family Code, if related to domestic violence, the
juvenile court has exclusive jurisdiction to issue ex parte orders
(1) enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 653m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of the child or any other child in the
household; and (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child. A court may
also issue an ex parte order enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 635m
653m of the Penal Code, destroying the personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace of any parent, legal guardian, or current caretaker of the
child, regardless of whether the child resides with that parent,
legal guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure or, if related
to domestic violence, in the manner provided by Section 6300 of the
Family Code. A court may also issue an ex parte order enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 635m 653m of the Penal Code,
destroying the personal property, contacting, either directly or
indirectly, by mail or otherwise, coming within a specified distance
of, or disturbing the peace of the child's current or former social
worker or court appointed special advocate, upon application in the
manner provided by Section 527 of the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure or, if related to domestic violence, in the manner
provided by Section 6300 of the Family Code, the juvenile court may
issue ex parte orders (1) enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 653m of the
Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the child or any
other child in the household; (2) excluding any person from the
dwelling of the person who has care, custody, and control of the
child; or (3) enjoining the child from contacting, threatening,
stalking, or disturbing the peace of any person the court finds to be
at risk from the conduct of the child, or with whom association
would be detrimental to the child. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m 653m
of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of any
parent, legal guardian, or current caretaker of the child,
regardless of whether the child resides with that parent, legal
guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure or, if related
to domestic violence, in the manner provided by Section 6300 of the
Family Code. A court may also issue an ex parte order enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 635m 653m of the Penal Code,
destroying the personal property, contacting, either directly or
indirectly, by mail or otherwise, coming within a specified distance
of, or disturbing the peace of the child's current or former
probation officer or court appointed special advocate, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 21 days or,
if good cause appears to the court, 25 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of a declaration by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall remain in effect until the date set for the
hearing. The reissued order shall state on its face the date of
expiration of the order. Any hearing pursuant to this section may be
held simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) (1) The juvenile court may issue, upon notice and a hearing,
any of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(2) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party who
is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005 of the Code of Civil Procedure, of
the proceeding by personal service or, if the protected party has
satisfied the requirements of Chapter 3.1 (commencing with Section
6205) of Division 7 of Title 1 of the Government Code, by service on
the Secretary of State. If the party who is protected by the order
cannot be notified prior to the hearing for modification or
termination of the protective order, the juvenile court shall deny
the motion to modify or terminate the order without prejudice or
continue the hearing until the party who is protected can be properly
noticed and may, upon a showing of good cause, specify another
method for service of process that is reasonably designed to afford
actual notice to the protected party. The protected party may waive
his or her right to notice if he or she is physically present and
does not challenge the sufficiency of the notice.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (b), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) All data with respect to a juvenile court protective order, or
extension, modification, or termination thereof, granted pursuant to
subdivision (a), (b), (c), or (d), shall be transmitted by the court
or its designee, within one business day, to law enforcement
personnel by either one of the following methods:
(1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into the California Law Enforcement Telecommunications System
(CLETS).
(2) With the approval of the Department of Justice, entering the
order into CLETS directly.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306 of the Family Code.
(2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
(3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against the
subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The law
enforcement officials notified shall take all actions necessary to
execute any outstanding warrants or any other actions, as appropriate
and as soon as practicable.
(B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of any information obtained
through the search that the court determines is appropriate. The
parole or probation officer notified shall take all actions necessary
to revoke any parole or probation, or any other actions, with
respect to the subject person, as appropriate and as soon as
practicable.
(k) Upon making any order for custody or visitation pursuant to
this section, the court shall follow the procedures specified in
subdivisions (c) and (d) of Section 6323 of the Family Code.
SEC. 17. SEC. 18. Section 602 of the
Welfare and Institutions Code is amended to read:
602. (a) Except as provided in subdivision (b), any person who is
under 18 years of age when he or she violates any law of this state
or of the United States or any ordinance of any city or county of
this state defining crime other than an ordinance establishing a
curfew based solely on age, is within the jurisdiction of the
juvenile court, which may adjudge such person to be a ward of the
court.
(b) Any person who is alleged, when he or she was 14 years of age
or older, to have committed one of the following offenses shall be
prosecuted under the general law in a court of criminal jurisdiction:
(1) Murder, as described in Section 187 of the Penal Code, if one
of the circumstances enumerated in subdivision (a) of Section 190.2
of the Penal Code is alleged by the prosecutor, and the prosecutor
alleges that the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges that the
minor personally committed the offense, and if the prosecutor
alleges one of the circumstances enumerated in the One Strike law,
subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A) Rape, as described in paragraph (2) of subdivision (a) of
Section 261 of the Penal Code.
(B) Spousal rape, as described in paragraph (1) of subdivision (a)
of Section 262 of the Penal Code.
(C) Forcible sex offenses in concert with another, as described in
Section 264.1 of the Penal Code.
(D) Forcible lewd and lascivious acts on a child under 14 years of
age, as described in subdivision (b) of Section 288 of the Penal
Code.
(E) Forcible sexual penetration, as described in subdivision (a)
of Section 289 of the Penal Code.
(F) Sodomy or oral copulation in violation of Section 286 or 288a
of the Penal Code, by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.
(G) Lewd and lascivious acts on a child under 14 years of age, as
defined in subdivision (a) of Section 288, unless the defendant
qualifies for probation under subdivision (d) of Section 1203.066 of
the Penal Code.
SEC. 19. Section 1401 of the Welfare
and Institutions Code is amended to read:
1401. The compact administrator shall be the executive
director of the Corrections Standards Authority
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee .