This morning the Senate Judiciary Committee passed the reauthorization of the Violence Against Women Act, a major step forward in the process towards renewing a piece of legislation which has transformed the work of victim advocates as well as the lives of sexual and domestic violence survivors. First passed in 1994 (and later reauthorized in 2006), this ground breaking piece of legislation,

“…recognizes the insidious and pervasive nature of domestic violence, dating violence, sexual assault, and stalking and supports comprehensive, effective and cost saving responses to these crimes. VAWA programs, administered by the Departments of Justice and Health and Human Services, give law enforcement, prosecutors and judges the tools they need to hold offenders accountable and keep communities safe while supporting victims.” (Quote from the National Alliance to End Sexual and Domestic Violence Against Women website)

The next step for this bill will be to move forward into a full Senate vote and then on to the House of Representatives. CALCASA has been working closely with the National Alliance to advance this legislation and would like to thank Senator Diane Feinstein (D-CA) for her support of sexual and domestic violence survivors and for co-sponsoring the bill. We will continue to provide updates as this piece of legislation moves through the Senate.

To learn more, please visit the National Alliance website by clicking here.

If you are interested in working more closely with CALCASA on the reauthorization of the Violence Against Women Act, please contact Alexis Marbach, CALCASA’s Public Policy Advocate at alexis.marbach@calcasa.org

The recently released findings from the Center for Disease Control & Prevention’s (CDC) National Intimate Partner & Sexual Violence Survey (NISVS) recognized that almost 1 in 5 American women have been raped in their lifetime. This is a wake up call to recognize how sexual violence is widespread. However, last week, in a Washington Post opinion column, Christina Hoff Sommers claims this report is comprised of “inflated statistics and sensationalism.”

Sommers, a resident scholar at the American Enterprise Institute, has a long history of criticizing information about violence against women in her articles and books such as “Who Stole Feminism?” In the Washington Post article, she argues the validity of the CDC’s research in comparison to the number rapes reported to the F.B.I. (which used a definition that recently changed because it was too restrictive) and those reported on the Bureau of Justice Statistics’ National Crime Victimization Survey. Sommers writes,

The [CDC's] figures are wildly at odds with official crime statistics. The FBI found that 84,767 rapes were reported to law enforcement authorities in 2010. The Bureau of Justice Statistics’ National Crime Victimization Survey, the gold standard in crime research, reports 188,380 rapes and sexual assaults on females and males in 2010. Granted, not all assaults are reported to authorities. But where did the CDC find 13.7 million victims of sexual crimes that the professional criminologists had overlooked?

The CDC survey finds so many more victims than the criminal justice-based statistics because it asks about people’s actual experiences. It is a strength of this survey that it asks behavior-specific questions and includes many types of unwanted sexual violence experiences, in addition to rape. The FBI — until this month — only recorded statistics of vaginal rape that are voluntarily reported by the police departments. The National Crime Victimization Survey asks only about rape as part of series of questions regarding various crimes. The CDC has developed a survey that recognizes sexual violence is not only a crime, but it is also a public health problem.

At the same time as these crimes are continuing to occur, funding is in jeopardy for rape crisis centers across the nation. There are already more survivors than social service agencies have the ability to serve. In order to provide services to more survivors — and also to do the primary prevention work to stop violence before it occurs — the rape crisis centers need to increase funding.

Whether your rape statistic is 84,767 or 188,380, sexual violence is still happening, which should make this a priority issue for rape crisis centers, media, funders and other social service agencies. This survey suggests that the problem is even bigger and requires more attention.

Instead using energy that minimizes the prevalence of sexual violence, let’s put our energy toward creating more programs to prevent sexual violence and opportunities to support survivors in their healing.

Posted by Lynn Rosenthal, White House Advisor on Violence Against Women, on The White House Blog.

January is Stalking Awareness Month, and it’s an important to highlight a crime that is often invisible. According to the latest data from the Centers for Disease Control (CDC), 1 in 6 women and 1 in 19 men will be stalked in their lifetimes. Young women ages 18-19 experience the highest rates of stalking. The fears, threats and intimidation endured by victims is often felt by family members as well.

To mark this important month, this week we hosted the first ever White House stalking roundtable with survivors, law enforcement officers, victim advocates, and researchers. We learned from law enforcement experts that while many victims are stalked by ex-partners, others can be stalked by acquaintances and even strangers. Stalkers often track their victims’ daily lives and make themselves known in ways that are scary and unpredictable. Stalking can force victims to change everything about their lives in order to be safe.

I commend the bravery of two survivors who shared their stories. One woman was stalked by an ex-husband while another was stalked over a long period of time by someone she barely knew. Both were terrorized through cyber stalking and a range of strategies designed to keep them on constant edge and make them feel afraid every day. The stalking extended to family members and children, making it even more terrifying. Their stories put a human face on the statistics and helped us understand the true personal cost of stalking.

We are taking steps across the federal government to combat stalking as well as dating violence and sexual assault. The Apps Against Abuse challenge sponsored by the Department of Health and Human Services resulted in two mobile apps that can help protect against dating violence, sexual assault, and stalking. These Apps can be used to stay in touch with your friends and call for help if you need it. The next step is to improve research on stalking and learn more about what victims need to be safe. Most importantly, we need to raise awareness about this hidden crime.

See the National Stalking Awareness Month Proclamation here.

Attorney General Kamala Harris

On Wed., California Attorney General Kamala D. Harris announced the end to the rape kit backlog that had previously delayed the analysis of evidence collected through forensic examinations. AG Harris has made the issue of the rape kit backlog one of her priorities. In her statement, Harris stated that the California Department of Justice will now be able to analyze routine DNA evidence in 30 days, which is up to four times faster than before the backlog had been eliminated.

CALCASA would like to thank the Attorney General for her continued dedication to working to get justice for survivors of sexual assault, as well as everyone who worked to bring these important issues to the attention of state officials.

To read AG Harris’ press release, visit the Office of the Attorney General.

By Flickr stream: kalavinka

On Friday, Attorney General Eric Holder announced revisions to the Uniform Crime Report’s (UCR) definition of rape, which will lead to a more comprehensive statistical reporting of rape nationwide. In December, F.B.I. Director Robert S. Mueller III told Congress that he has approved the updated definition for the way in which the agency defines rape.

“That [former] definition was in some ways unworkable, certainly not applicable–fully applicable to the types of crimes that…it should cover,” Mueller told the Senate Judiciary Committee.

In early December, an F.B.I. advisory board voted to update the way the agency defines rape. The new terminology says rape is “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

In October, an F.B.I. subcommittee made recommendations to create a new federal definition of rape, moving the agency a step closer to updating the way it counts sex crimes for the first time since 1927. Currently, the F.B.I. considers rape to be “the carnal knowledge of a female, forcibly and against her will,” which excludes anal and oral rape, male rape and rape committed without physical force but also without consent.

This underreporting misleads the public about the prevalence of rape. Additionally, federal, state and local agencies use the F.B.I.’s UCR statistics to apply for funding. Law enforcement agencies have to determine what counts as rape based on the FBI definition, which ends up affecting the resources allocated for services rape crisis centers are able to offer their community. This makes the F.B.I.’s definition of rape more essential than mere statistics.

“The data that are reported to the public come from this definition, and sadly, it portrays a very, very distorted picture,” said Susan B. Carbon, director of the Office on Violence Against Women, part of the Department of Justice, to the New York Times. “It’s the message that we’re sending to victims, and if you don’t fit that very narrow definition, you weren’t a victim and your rape didn’t count.”

According to the F.B.I.’s 2010 UCR, there were 84,767 sexual assaults in the United States last year. If the F.B.I. adopts a broader definition, law enforcement agencies will be explaining a sudden increase in reported rapes.

——————–

Click here to read a blog post from Director Carbon on the importance of the new definition of rape to our nation’s law enforcement, and for survivors of rape and their advocates. Click here to listen to the F.B.I.’s podcast.

President Obama recently proclaimed January 2012 to be National Slavery and Human Trafficking Prevention Month. In Obama’s proclamation, he stated:

“Our Nation was founded on the enduring principles of equality and freedom for all.  As Americans, it is our solemn responsibility to honor and uphold this legacy.  Yet, around the world and even within the United States, victims of modern slavery are deprived of the most basic right of freedom.  During National Slavery and Human Trafficking Prevention Month, we rededicate ourselves to preventing and ending human trafficking, and we recognize all who continue to fight this serious human rights violation.”

To learn more about Human Trafficking in the United States and abroad, visit the U.S. Department of State’s “Trafficking in Person’s 2010″ site. Please share human trafficking resources that you utilize in the comments section!

Click here to be directed to CALCASA’s NISVS Page.

On Wednesday, Dec. 14, the Centers for Disease Control and Prevention (CDC) released the 2010 National Intimate Partner and Sexual Violence Survey (NISVS). This is an ongoing, nationally representative survey that assesses experiences of sexual violence, stalking, and intimate partner violence among adult women and men in the United States. This large-scale ongoing study confirms many realities that advocates and educators already know about sexual violence, intimate partner violence, and stalking: These forms of violence continue to be pervasive and deserve more attention and funding. It also sheds new light on the scope and context of these forms of violence.

Click here to be directed to CALCASA’s NISVS Page.

On No. 1, Congress passed a bill intended to protect whistleblowers and improve the treatment of survivors of violence and sexual assault. The House passed the Kate Puzey Volunteer Protection Act of 2011 unanimously, following unanimous passage by the Senate on Sept. 26. Yesterday, President Obama signed the bill into law.

The Peace Corps would have to: improve the training of volunteers to reduce the risk of sexual assault; protect whistleblowers; and require the Peace Corps to hire victims’ advocates for each region the agency serves. The bill requires the establishment of sexual assault response teams comprised of safety and security officers, medical staff and an advocate to respond to reports of sexual assault against a volunteer. It also would create an Office of Victim Advocacy within the Peace Corps to help victims get appropriate services, as well as require that volunteers be provided with information on crimes and risks, clear written guidelines on whom to contact in the event of a sexual assault and protections to ensure confidentiality.

The push for these sweeping reforms began with an outcry this spring, when dozens of former Peace Corps Volunteers — led by non-profit organization First Response Action — came forward and revealed that they had been raped during their overseas service and subsequently ignored or mistreated by the Peace Corps when they reported their attacks.

The bill is named for 24-year-old Kate Puzey of Georgia, who was murdered in Benin in 2009 after telling superiors she believed a fellow Beninese Peace Corps employee was molesting female students. The suspect’s brother worked as a manager in the Peace Corps office. She was found with her throat slit shortly after the suspect received word from Peace Corps officials that he would be dismissed from his contractor position.

“Kate was a remarkable young woman who unselfishly went to Africa as a Peace Corps volunteer and was tragically murdered while helping others,” said Georgia Sen. Johnny Isakson, who sponsored the bill, in a release. “Through the Kate Puzey Volunteer Protection Act, Kate’s life will be memorialized by this new law to provide added protections, victims’ rights and whistleblower status for Peace Corps volunteers.”

The Peace Corps has sent more than 200,000 Americans to serve in 139 countries since its founding in 1961 by President John F. Kennedy. Currently, more than 9,000 volunteers are serving in 76 nations. On average, 22 rapes and 267 assaults to Peace Corps volunteers are reported every year. Peace Corps data also suggest that twice as many assaults occur than are reported.

CALCASA meets with Congresswoman Judy Chu

Today and tomorrow, CALCASA’s Executive Director Sandra Henriquez and Director of Advocacy Services Denice Labertew, are in Washington D.C. asking members of congress to reinstate the rape set-aside money that is a part of the Preventative Health and Health Services Block Grant. We need you to take action immediately to protect your rape prevention education monies!

For all of us advocates in California, the rape set-aside is vital to prevention efforts against sexual assault. The importance of this funding to local programs as they seek to achieve healthy communities by addressing sexual assault cannot be overstated. In California, the rape set-aside is used to support local rape crisis centers to provide prevention services and statewide training and technical assistance to California’s rape crisis centers to increase their capacity for primary prevention.

The California Coalition Against Sexual Assault, California Department of Public Health, and 84 rape crisis centers throughout California recently received word from the Centers for Disease Control and Prevention (CDC) that the CDC is withholding all of the PHHSBG (including the rape offense set-aside) until the FY 2012 appropriation’s process has been completed. Essentially, this results in an immediate stop in funding nation-wide to all rape set-aside grantees. Sexual assault service providers in California are slated to lose over $800,000 as a result of the loss of the Preventative Health and Health Services Block Grant and its $7.5 million rape offense set-aside funding.

Additionally, due to the uncertainty of the federal budget at this time, the CDC is withholding 20% of the National RPE Program funding allocated to each state for the 2011/2012 year. Currently, the CDC is only distributing 80% of the FY 2012 RPE funds, which has forced all rape crisis centers in the state to reduce services available to prevent and intervene in sexual assault. Centers have had to cut already bare-bones staff, decreasing the level of impact and quantity of services available to communities.

Both Preventive Health and Health Services Block Grant (PHHSBG) and Rape Prevention Education (RPE) monies support activities that focus on preventive measures that improve health outcomes and are a part of a cost-effective fiscal philosophy.

We are asking you to contact your Congressional Senator and House member to urge them to prioritize $7.5 million from PHHSBG funding nationwide to be used for sexual assault prevention. The request should be made in their 2012 Appropriations Request. It’s important for you to reach out to them as soon as possible.

There are two links below. The first link is the contact your Senator, the second is to contact your representative in the House. It is vital that you complete both letters for this effort to be successful!

SENATE: http://takeaction.calcasa.org/Groups/CALCASA/Advocacy/?IssueID=26699&SiteID=-1
HOUSE: http://www.votervoice.net/groups/calcasa/advocacy/?issueid=26578

Additionally, you can call your senator! Call now to make your voice heard. You can also forward this email to a board member, people in the community, colleagues and friends.

To find out how to contact your Member of Congress, go to www.senate.gov or call Capitol Hill switchboard at 202.224.3121 and they will connect you to your Member of Congress.

When you call your Senator, your call will be answered by a receptionist. Tell him or her that you want to leave a message for the Senator. The receptionist will take down your message. Tell them:

My name is YOUR NAME. Thank you for your continued dedication to ending sexual violence and supporting survivors. AGENCY NAME from CITY, California is asking that you help to reinstate the $7.5 million rape set-aside from the CDC Preventive Health and Health Services Block Grant funding to be used for sexual assault prevention and intervention. The importance of this funding to local programs as they seek to achieve healthy communities by addressing sexual assault cannot be overstated.

Thank you for your support and advocacy on this important issue. If you need any support in writing your letter, please do not hesitate to contact CALCASA.

In light of the criminal charges have been filed against former Penn State football coach Jerry Sandusky as the result of a grand jury investigation into multiple reports of the child sexual abuse, CALCASA is sharing media talking points that were developed by the Pennsylvania Coalition Against Rape.

This case also includes perjury charges facing recently resigned Athletic Director Timothy Curley and Senior Vice President for Finance and Business Gary C. Schultz. A grand jury indicted Sandusky, who had coached under Joe Paterno, with 40 counts of child molestation. The indictment states that current assistant coach and then-graduate student Mike McQueary in 2002 witnessed Sandusky assaulting a 10-year-old boy in the Penn State shower. He reported the incident to Paterno, who reportedly told Curley. Allegedly, Curley and Schultz failed to tell the police and also lied to the grand jury that McQueary hadn’t told them about the incident.

The Penn State University Board of Trustees have formed a committee of faculty, students, board members and community members who will continue to deal with the issue.

Click here to download the talking points.

Click here for the Spanish version.

Lately there has been a great deal of news coverage surrounding California’s Public Safety Realignment Act and how it will affect crime and victim’s rights in local communities. Realignment is a relatively new policy, so the full impact is still unclear. Below are some resources that provide background on Realignment, demographic information and ways to connect to your local Community Corrections Partnership.

The purpose of the Realignment is to shift public safety responsibilities away from the state government and increase local jurisdictions ability to manage a large number of low-level offenders. Realignment went into effect Oct. 1, 2011, and the impact on local communities is unclear as of the end of October. Erin Sasse at the California Department of Corrections and Rehabilitation has been in constant contact to alert CALCASA of any potential ramifications for member centers and local communities. Public Safety Realignment provides members with an opportunity to partner with local law enforcement as there is a great deal of local autonomy in terms of how Realignment will be enforced in each county. Each county has been tasked with creating a Community Corrections Partnership (CCP) to develop and recommend to their Count Board of Supervisors an implementation plan for Realignment. CALCASA encourages you actively engage with the CCP in the area to advocate for advocates and for the best interest of their communities while the county-level realignment regulations and policies are in their nascent stages.

For more information on Public Safety Realignment, please visit the following sites (all sites provided courtesy of Erin Sasse, Chief of External Affairs at the California Department of Corrections and Rehabilitation and her communications team).

CDCR Public Safety Realignment Information

Public Safety Realignment (main page)

http://www.cdcr.ca.gov/realignment/index.html

Video Presentations by CDCR Providing General Overviews

http://www.cdcr.ca.gov/realignment/video-realignment.html

Summary of Presentations and Information Made Available to Counties, including County Projections, Post-Release Community Supervision Information, etc.

http://www.cdcr.ca.gov/realignment/local_resources.html

CDCR County Handbook, “Public Safety Realignment: Helpful Resources for California’s Counties in Implementing 2011’s Public Safety Realignment Legislation”

http://www.cdcr.ca.gov/realignment/docs/County-Handbook-9-29-11.pdf

Three-Judge Panel Court Information and Updates

http://www.cdcr.ca.gov/News/3_judge_panel_decision.html

External Sources of Information on Public Safety Realignment

California Realignment Page (not sure who exactly maintains this site, but it is a very good source for information)

http://calrealignment.org/

Videos from the Innovations in Public Safety and Justice in California Conference held in Sacramento on September 21, 2011

http://vimeo.com/album/1710666

California District Attorneys’ Association’s (CDAA) Realignment Home Page

http://www.cdaa.org/Realignment2011/index.htm

CDAA’s Sentencing Samples Under Public Safety Realignment

http://www.cdaa.org/Realignment2011/Realignment_Sentencing_Samples.pdf

California State Sheriffs’ Association (CSAA) Realignment Home Page

http://www.calsheriffs.org/

California State Association of Counties (CSAC) Realignment Home Page

http://www.csac.counties.org/default.asp?id=3202

Chief Probation Officers of California (CPOC) Realignment Home Page

http://www.cpoc.org/php/realign/ab109home.php

County Criminal Justice Realignment Plans (page maintained by CPOC)

http://www.cpoc.org/php/realign/countyplans.php

This month, CALCASA is celebrating two state-level policy wins with SB 534 and AB 898, both of which will have a positive impact on the work of our members. In addition to these state-level issues, we are working to support several federal policy issues such as the Public Health Block Grant, Sexual Assault Service Program funding and the reauthorization of VAWA. Continue reading to get the complete CALCASA Public Policy Update.

Bills that CALCASA has sponsored:

SB 534 (Corbett D) Victims of sexual assault

SB 534 — Corbett was chaptered on Sept. 29, 2011, bringing California into compliance with the Violence Against Women (VAWA) Services*Training*Officers*Prosecution (STOP) State Formula Grant Program. Effective Jan. 1, 2012, SB 534 clarifies that all victims are entitled to a forensic exam regardless of whether or not they choose to cooperate with the criminal justice system. SB 534 stipulates that the forensic exam, colloquially referred to as a “Jane Doe Exam,” must be offered at no cost to the survivor. The cost will be incurred by local law enforcement and local law enforcement can seek reimbursement from Cal EMA for the cost of the examinations where a victim does not participate in the criminal justice system. The bill does not provide language about who will store the evidence and for how long the evidence will be stored. The VAWA Implementation Committee and Forensic Exam Workgroup, of which CALCASA participates, are working to create clarifying guidelines and language that will address the logistics of how SB 534 will be implemented. Rape crisis centers, SART teams and local law enforcement will need training and guidelines for how SB 534 will work in their communities. Once the Committee and Workgroup publish their FAQ sheets and guidelines, CALCASA will provide all of the information that it has available to members through emails and trainings.

AB 898 (Alejo D) Crime victims: restitution: fine

AB 898 — Alejo was chaptered on Sept. 29, 2011. This bill makes 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. This bill marks the first time that restitution fines have been increased in nearly two decades and will generate money for the California Victim Compensation Program (CalVCP).

AB 322  (Portantino D) Forensic evidence: rape kits

AB 322 — Portantio was vetoed by the Governor. AB 322 would have required the Department of Justice to establish a ten-county pilot project to open and test all rape kits collected in those counties during the period of the pilot project. In his veto message, the Governor wrote that the ten counties did not want to participate and that he didn’t understand why the state should mandate participation and spend the money on a program that the counties didn’t want, in light of all of the programs that the counties do want that are being cut. The Governor believes that local officials are in the best position to determine whether to participate in such a program.

Additional federal level policy issues that may impact members:

Public Health Block Grant: The Preventative Health and Health Services Block Grant (PHHSBG) allows states, tribes and territories to address public health needs and challenges with innovative and community driven methods. Out of FY 2010’s $100 million budget for PHHSBG, approximately $7.5 million was used to support sexual assault services and prevention efforts. The $7.5 million is referred to as the “rape set aside.” The rape set aside funding directly responds to the goal of the Centers for Disease Control to reduce chronic disease and its impact. In addition to the immediate trauma caused by sexual abuse, the violence contributes to a number of chronic health problems, including depression, chronic pain, alcohol and substance abuse, sexually transmitted diseases, such as HIV/AIDS, and often limits the ability of women to manage other chronic illnesses such as diabetes and hypertension. California receives $800,000 of the $7.5 million dollars. This portion of the $800,000 is essential to prevention programming such as technical assistance, capacity building, program development, and program implementation.

Currently, the House budget preserves funding for the PHHSBG and subsequently the $7 million set aside funding. The Senate has eliminated the PHHSBG funding and set aside mirroring the President’s FY 2012 budget, which proposes to eliminate PHHSBG and consolidate chronic disease block grant programs. The Senate Committee has included additional funding for this purpose in the National Center for Injury Prevention and Control, although the specific amount of funding remains unclear. The elimination of the rape set aside funding would be extremely detrimental to the prevention against sexual assault and would put a multitude of prevention programs in California in jeopardy of discontinuing services. CALCASA is closely following this issue and is advocating for the government to keep the rape set aside funds. CALCASA will connect with members when new information develops or if there are any action steps that can be taken on a local level.

Sexual Assault Service Program Funding: Sexual Assault Services Program (SASP) is a program that was created through the 2005 reauthorization of the Violence Against Women Act (VAWA). SASP creates a federal funding stream dedicated explicitly to the provision of direct services for sexual violence victims. The Senate is currently debating on increasing SASP funding to $25 million (a $10 million increase over 2011 and a $5 million increase from the budget proposed by the House). Money allocated to SASP is funneled through Cal EMA and then distributed to rape crisis centers throughout California. An increase in national SASP funding translates into an increase in the funding available through Cal EMA for the direct services you provide at your agency. CALCASA partnered with the National Alliance to End Sexual Violence by asking member agencies to sign a joint letter, along with agencies from across the country. CALCASA is deeply appreciative of the more than 45 member agencies that quickly responded to the email regarding SASP and signed on to this letter.

VAWA reauthorization:  CALCASA is working closely with the National Alliance to End Sexual Violence to support VAWA reauthorization. The NAESV is focused on looking to garner bi-partisan support for the bill. Terri Poore of the National Alliance summarized this focus by stating, “Senator Patrick Leahy (D-VT), Chair of the Senate Judiciary Committee and the prime sponsor, has released a pre-introduction draft bill. We are now looking for Republican co-sponsors. As you know, VAWA has always enjoyed broad bipartisan support. Vice-President Joseph Biden (formerly a Senator from Delaware) and Senator Orrin Hatch (R-UT) were the original co-sponsors. This iteration of VAWA streamlines programs, reduces funding authorizations, and increases accountability so it meets the new fiscal requirements of Congress and includes provisions that everyone should be able to support.” CALCASA will connect with members when new information develops or if there are any action steps that can be taken on a local level.

On September 21, 2011, the Senate Appropriations Committee approved a bill that eliminated $19.7 million in funding for the CDC’s Youth Violence Prevention Activities. If actualized, this elimination will be extremely detrimental to the years of work the CDC and its community partners throughout the country have done to create safe and healthy communities where youth can live and thrive. The CDC utilizes a public health framework to address the root causes of violence as well as to engage communities in primary prevention activities. As our colleagues at the Prevention Institute have stated, “A prevention approach is grounded in the knowledge that violence is preventable, not inevitable”. Contrary to criminal justice based approaches which are often punitive, this public health approach is proactive and is aligned with the various primary prevention efforts being utilized in California such as Green Dot initiatives, MyStrength campaigns, and a number of other programs.

While the loss of this funding will not impact RPE funding streams or programs directly, many of our community partners will experience direct cuts if this money disappears. CDC Youth Violence Prevention Activities include Academic Centers for Excellence on Youth Prevention, UNITY (Urban Networks Increasing Thriving Youth) Initiative and Striving to Reduce Violence Everywhere (STRIVE). Each one of these programs has a local chapter within California. Our community partners are our allies in violence prevention, working alongside us to help us achieve our specific goal of ending sexual violence. Our work depends on recognizing that when we act alone we can only achieve limited success. We must recognize the intersections between our movement’s goal of ending sexual violence and the efforts of our partners to prevent violence among youth.

It is critical that we stand alongside our partners in preserving the work of youth violence prevention advocates. At the 2011 Ending Violence Against Women and Teen Dating Violence Forum, Cristy Chung and Aimee Thompson talked about building beloved communities. Chung and Thompson stated that Dr. Martin Luther King Jr. worked to build these beloved communities through realistic, attainable, and achievable methods, and that this work had to happen with a critical mass of people. Without Youth Violence Prevention Activities funding, we stand to lose the means to make building safe and thriving communities through realistic, attainable, and achievable methods. We stand to lose a critical mass of advocates, supporters, and direct service providers that create community cohesion.  It is vital that we take action to restore and maintain the CDC Youth Violence Prevention Activities for both fiscal year 2012 and 2013. CALCASA has offered its support to these efforts. Please join us in supporting this important work by having your organization sign on to a joint letter.

Please sign-on to a letter to Congress that asks members to protect federal youth violence prevention funding at CDC. You will be joining national partners such as National Association of City and County Health Officials (NACCHO) and the Safe States Alliance and local efforts such as the Violence Prevention Coalition of Greater Los Angeles when you sign on. Over 2,000 letters have already been sent; send yours today and tell your senators that a budget without youth violence prevention funding is unacceptable.

On Tuesday, the Office of the Vice President and the White House Office of Science and Technology Policy launched the “Apps Against Abuse” technology challenge – a national competition to develop an innovative software application that provides young adults with tools to help prevent sexual assault and dating violence.

Below is a detailed description of the challenge:
Vice President Biden and Secretary Sebelius are honored to announce a challenge that encourages the development of applications that provide college students and young adults with the tools to help prevent dating violence and sexual assault. The application envisioned will offer individuals a way to connect with trusted friends in real-time to prevent abuse or violence from occurring. While the application will serve a social function of helping people stay in touch with their friends, it will also allow friends to keep track of each other’s whereabouts and check in frequently to avoid being isolated in vulnerable circumstances.

The primary users of the application may include (but are not limited to) college/university students, residential advisors, sorority or fraternity members, and young men and women who would like to be role models and promote prevention in our communities.  Everyone has a role to play in the prevention of violence and abuse, and while no one can do everything, everyone can do something. This application is envisioned to empower young people, in real time, to look out for their friends in order to prevent violence or assault before it occurs. The application should also be designed to provide potential bystanders with real-time support from friends and access to resources that will encourage them to intervene before abusive behavior happens and educate them about how to do so safely and effectively. This application is a step in enabling young women and men to take an active role in the prevention of dating violence and sexual assault.

How to enter:
Interested persons should read these Official Rules and register at the Challenge.gov portal: ?challenge.gov?. Registration is free and can be completed anytime during the Application Submission Period, July 13, 2011, to October 17, 2011.  Submissions should include a title, text description of the submission, a link to the application/prototype, and a list of data sources and/or datasets used.  Pictures and video are optional but helpful.

Webinars will be held in August and September 2011 with domestic violence/sexual abuse prevention experts, White House representatives, and HHS staff members to highlight the significance of this topic, provide additional information and answer questions from potential applicants about the developer’s challenge, and offer opportunities for potential applicants to talk with others about forming collaborative teams.

Prizes:
The winner of this challenge will be publicly recognized and celebrated by HHS, and all finalist applications will be featured on an HHS website. Representatives from HHS, (e.g., Todd Park), OSTP (e.g., Aneesh Chopra) and OVP will be present for the announcement of the Challenge Winner (Date TBD) to celebrate innovations toward ending domestic violence and sexual assault, including the winning applications and teams from this challenge.

Week of July 4, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of July 4th. 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: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
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 44 (Logue R)   Inmates: release: notification.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Current law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. This bill would require that notification be sent 60 days prior to the scheduled release date of an inmate . The bill would conform the timeline for local comments to the longer notification period, as specified. This bill contains other related provisions and other current laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 7/5/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 7/5/2011-S. APPR.
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)   Criminal justice realignment.
Status: 7/7/2011-In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 9 pursuant to Assembly Rule 77.
Location: 7/7/2011-A. CONCURRENCE
Summary:
Current law creates the California Council on Criminal Justice with certain powers and duties. SB 92 of the 2011-12 Regular Session would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections. This bill would restore the California Council on Criminal Justice and delay the elimination and assignment of its powers and duties to the Board of State and Community Corrections until July 1, 2012. The bill would also make other specified provisions amended by SB 92 related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. This bill contains other related provisions and other current laws.

AB 220 (Solorio D)   Interstate Compact for Juveniles.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
The Interstate Compact for Juveniles, among other things, provides for the establishment of rules and procedures for the tracking and supervision or return of juveniles and juvenile offender among compacting states. Current law makes the Interstate Compact for Juveniles operative in this state, and designates the executive director of the Correction Standards Authority as the compact administrator, until January 1, 2014. This bill would extend the operation of those provisions in this state until January 1, 2014.

AB 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Current law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill contains other related provisions and other current laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
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: 7/6/2011-Ordered to special consent calendar.
Location: 7/6/2011-S. CONSENT CALENDAR
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 434 (Logue R)   County penalties: forensic laboratories.
Status: 7/7/2011-Read second time. Ordered to third reading.
Location: 7/7/2011-S. THIRD READING
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.

AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
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: 7/1/2011-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0.).
Location: 7/1/2011-A. ENROLLMENT
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: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
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 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
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: 7/6/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Location: 7/6/2011-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 make reasonable efforts 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: 7/5/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/5/2011-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 799 (Swanson D)   Commercially sexually exploited minors.
Status: 7/5/2011-Chaptered by the Secretary of State, Chapter Number 51, Statutes of 2011
Location: 7/5/2011-A. CHAPTERED
Summary:
Current law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
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 28). 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 26 (Padilla D)   Prisons: wireless communication devices.
Status: 7/5/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other current laws.

SB 57 (Runner R)   Sex offenders: social networking and online address notification requirement.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would, commencing January 1, 2013, require a person who is required to register as a sex offender to provide to the law enforcement agency with which he or she last registered all of his or her online names, addresses, e-mail addresses, and instant messaging user names for all of his or her accounts on social networking Internet Web sites, as defined, at the time of original registration or any subsequent registration and within 30 days of establishing a new online name, address , or account, as specified, and would make it a misdemeanor to fail to do so. This bill would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime , this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 92 (Committee on Budget and Fiscal Review)   Budget Act of 2011.
Status: 6/30/2011-Chaptered by Secretary of State – Chapter 36, Statutes of 2011.
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 139 (Alquist D)   Corrections: Inspector General.
Status: 7/7/2011-Set, first hearing. Referred to APPR. suspense file.
Location: 7/7/2011-A. APPR. SUSPENSE FILE
Summary:
Would authorize the Inspector General, or its successor, to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature quarterly regarding those searches, as specified.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 7/5/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would provide that for any person subject to a sexually violent predator proceeding, as specified, an order issued by a judge pursuant to specified provisions, finding that the petition supports a finding of probable cause to believe that the person is likely to engage in sexually violent criminal behavior upon his or her release, shall toll the period of parole of that person, from the date that person is released until a specified court order is entered. This bill contains other related provisions and other current laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 7/7/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (July 5).
Location: 7/7/2011-A. APPR.
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 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 7/7/2011-Read second time. Ordered to consent calendar.
Location: 7/7/2011-A. CONSENT CALENDAR
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 428 (Strickland R)   Lester’s Law of 2011.
Status: 7/7/2011-Read second time. Ordered to consent calendar.
Location: 7/7/2011-A. CONSENT CALENDAR
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: 7/7/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/7/2011-A. APPR.
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 557 (Kehoe D)   Family justice centers.
Status: 7/7/2011-Read second time and amended. Ordered to second reading.
Location: 7/7/2011-A. SECOND READING
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 would require each family justice center to consult with community-based crime victim agencies, survivors of violence and abuse, and their advocates in the operation of the family justice center and to develop a procedure for input, feedback, and evaluation of the family justice center. This bill contains other related provisions.

SB 576 (Calderon D)   Sentencing.
Status: 7/7/2011-Set, first hearing. Referred to APPR. suspense file.
Location: 7/7/2011-A. APPR. SUSPENSE FILE
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: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
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 622 (Corbett D)   Sex offenders: registration.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Current law, the Sex Offender Registration Act, requires persons who have been convicted of specified crimes to register as sex offenders, including persons who have been convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as one or more specified sex crimes. This bill would instead require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the convicted offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other current laws.

SB 756 (Price D)   Sex offender registration.
Status: 7/7/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/7/2011-A. APPR.
Summary:
Current law requires persons who are subject to the Sex Offender Registration Act to, upon release from incarceration, placement, commitment, or release on probation, register or reregister with the chief of police of the city in which he or she is residing, or in which he or she is present if a transient, or the sheriff of the county if he or she is residing or is present in an unincorporated area or city that has no police department, as specified. A violation of the registration requirement is an offense that may be punished as a misdemeanor, or as a felony if additional circumstances exist. The bill would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person’s arrest and shall have authority to prosecute that person as specified.

SB 852 (Harman R)   Corrections: victim notification.
Status: 7/5/2011-Do pass, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.
Location: 7/5/2011-A. CONSENT CALENDAR
Summary:
Current law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Current law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. This bill contains other related provisions and other current laws.

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 7/6/2011-Action From J., E.D. & E.: Do pass.To APPR..
Location: 7/7/2011-A. APPR.
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.

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.

Week of June 20, 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week of June 6, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of June 6th. 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 13 (Knight R)   Public school volunteers.
Status: 6/8/2011-Referred to Coms. on ED. and PUB. S.
Location: 6/8/2011-S. ED.
Summary:
Would specify that each of these provisions applies to charter schools. The bill would also authorize a school district, county office of education, or charter school to request a local law enforcement agency to conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether that person has been convicted of a felony controlled substance offense that involves a minor or a violent or serious felony, as specified. The bill would additionally prohibit persons who have been convicted of violent or serious felonies, specified sex offenses, or felony controlled substance offenses, as specified, from serving as nonteaching volunteer aides , but would provide that a person would not be prohibited from serving as a nonteaching volunteer aide solely because of a conviction of a controlled substance offense that involves a minor or a violent or serious felony 5 years after the date of that conviction . This bill contains other current laws.

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

AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 6/8/2011-Read second time. Ordered to third reading.
Location: 6/8/2011-S. THIRD READING
Summary:
Current law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if he or she is not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. This bill would additionally require the court to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with a separate federal offense. The bill would make other conforming changes.

AB 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-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: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
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: 6/8/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 6/8/2011-S. APPR.
Summary:
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 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was APPR. on 5/27/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Current law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study. This bill would authorize a school district to provide instruction regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media. This bill contains other related provisions and other current laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-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: 6/7/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 7). Re-referred to Com. on APPR.
Location: 6/7/2011-S. APPR.
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: 6/7/2011-In committee: Hearing postponed by committee. (Refers to 6/7/2011 hearing)
Location: 5/26/2011-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: 6/8/2011-Read second time. Ordered to third reading.
Location: 6/8/2011-S. THIRD READING
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 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-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 593 (Ma D)   Domestic violence: battering: writ of habeas corpus.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was PUB. S. on 4/26/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Current law, operative until January 1, 2020, establishes circumstances under which a writ of habeas corpus may be prosecuted for certain violent felonies on the basis of expert testimony regarding intimate partner battering that was not received in evidence at trial and may be sufficient to undermine confidence in the conviction, as specified. This bill would delete the repeal clause for those provisions and thus extend the operation of those provisions indefinitely.

AB 625 (Ammiano D)   Sex offender registration.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 6/2/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Would establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified. The bill would require that by January 1, 2017, as specified, a tier level be assigned to every person registered as a sex offender, except a person who has not registered after January 1, 1996, unless that person registers again.

AB 630 (Hueso D)   Pupil safety: bullying.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was ED. on 4/27/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Would express the intent of the Legislature to encourage school districts , at their discretion, to establish programs, to be integrated into the regular curriculum during National Bullying Prevention Month and throughout the year , to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils and school staff. This bill contains other related provisions.

AB 648 (Block D)   Clemency.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
Summary:
Would require that, at least 30 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: 6/8/2011-Referred to Com. on GOV. & F.
Location: 6/8/2011-S. G. & F.
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 799 (Swanson D)   Commercially sexually exploited minors.
Status: 6/8/2011-Read second time. Ordered to third reading.
Location: 6/8/2011-S. THIRD READING
Summary:
Current law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.

AB 898 (Alejo D)   Crime victims: restitution: fine.
Status: 6/8/2011-Referred to Com. on PUB. S.
Location: 6/8/2011-S. PUB. S.
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.

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

AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was PUB. S. on 4/4/2011)
Location: 6/3/2011-A. 2 YEAR
Summary:
Current law requires that for a person granted probation for a conviction of domestic violence, the terms of the probation are required to include, among other things, a minimum period of probation of 36 months, notice to the victim of the disposition of the case, and successful completion of a batterer’s program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period not less than one year. This bill would provide that the probation department shall be immune from liability for good faith conduct taken under these provisions. This bill contains other current laws.

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

SB 242 (Corbett D)   Social networking Internet Web sites: privacy: minors.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was THIRD READING on 6/2/2011)
Location: 6/3/2011-S. 2 YEAR
Summary:
Would prohibit a social networking Internet Web site, as defined, from displaying to the public or other registered users any information about a registered user of that Internet Web site, other than the user’s name and city of residence, without the express agreement of the user. The bill would require a social networking Internet Web site to establish a process for new users to set their privacy settings as part of the registration process that explains privacy options in plain language, and to make privacy settings available in an easy-to-use format. The bill would require a social networking Internet Web site to remove the personal identifying information, as defined, of any registered user, and would require removal of that information regarding a user under 18 years of age upon request by the user’s parent, within 96 hours upon his or her request. This bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.

SB 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 6/9/2011-Referred to Com. on PUB. S.
Location: 6/9/2011-A. PUB. S.
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 453 (Correa D)   Pupil rights: bullying: school safety plans: suspension and expulsion.
Status: 6/3/2011-Failed Deadline pursuant to Rule 61(a)(8). (Last location was APPR. SUSPENSE FILE on 5/24/2011)
Location: 6/3/2011-S. 2 YEAR
Summary:
Would encourage, as comprehensive school safety plans are reviewed and updated, all plans, to the extent that resources are available, to include policies and procedures to ensure that appropriate strategies, resources, training, and other prevention or intervention efforts are in place to deal with the remediation and termination of bullying, as specified. This bill contains other related provisions and other current laws.

SB 557 (Kehoe D)   Family justice centers.
Status: 6/9/2011-Referred to Coms. on PUB. S. and JUD.
Location: 6/9/2011-A. PUB. S.
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 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: 6/9/2011-Referred to Com. on PUB. S.
Location: 6/9/2011-A. PUB. S.
Summary:
Current law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. This bill would extend to January 1, 2016, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

Photostream by eggrole

A newly released National Institute of Justice sponsored-study from San Diego State University attempts to shine light on the ongoing issue of international sex trafficking. The study focuses on the major border crossing between California and Tijuana, Mexico. The author chose this location because it’s considered a “major tourism and weekend destination for Southern Californians…It’s red light district draws a large number of visitors from both sides of the border…[and] there is no shortage of demand for fringe services.”

This study included “interviews with 220 women from Tijuana’s sex industry, 92 pimps and sex trade facilitators, 30 government and law enforcement officials, and 20 community based-service providers.”

[Access the study]

The inclusion of community based-service providers and victim advocacy organizations in this study demonstrates how important rape crisis centers and other non-profits have been in providing services to those in need and exposing and disrupting trafficking markets. Victim advocacy organizations should continue to partner with their local officials and law enforcement to find innovative and effective ways at raising public awareness about the growing problem of sex trafficking. From the study:

“…among the most effective ways to reduce sex trafficking is perhaps through a public awareness campaign…The idea is to create and maintain a hostile socio-legal environment for sex traffickers and increase victims awareness of available services.”

The report offers several other suggestions on how non-profits, victim advocates, and public officials can do to further prevent the growth of trafficking. You can download the report by visiting this link, Sex Trafficking in a Border Community: A Field Study of Sex Trafficking in Tijuana, Mexico.

Let us know how you’re fighting to end sex trafficking in your community!

Anna Caballero

Yesterday, the CA State Senate confirmed Gov. Jerry Brown’s nominee to a key cabinet position. Senators voted 34-0 to confirm Anna Caballero as head of the State and Consumer Services Agency. The agency oversees a wide range of government functions, including tax collection, state hiring and contracting, professional licensing and managing state property.

As secretary, she will be the chair of the Victim Compensation and Government Claims Board. CALCASA has worked collaboratively with this Board in order to provide essential services to victims of crime in California. Executive Director Sandra Henriquez said she is looking forward to continuing this relationship under Ms. Caballero’s leadership.

“CALCASA would like to congratulate Ms. Caballero on her new position,” Henriquez said. “It is exciting to see another person confirmed for this position who has the experience and passion to support victims of crime.”

CALCASA is currently working with CalVCP to secure the long-term stability of the Restitution Fund, which supports survivors’ recovery needs. The state restitution fund is the payer of last resort for crime victims.

Week of May 30, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of May 30th. 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: 6/2/2011-Referred to Com. on PUB. S.
Location: 6/2/2011-S. PUB. S.
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: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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 44 (Logue R)   Inmates: release: notification.
Status: 5/12/2011-Referred to Com. on PUB. S.
Location: 5/12/2011-S. PUB. S.
Summary:
Current law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. This bill would require that notification be sent 60 days prior to the scheduled release date of an inmate . The bill would conform the timeline for local comments to the longer notification period, as specified. This bill contains other related provisions and other current laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
Summary:
Would provide that a person who deprives or violates another person’s liberty with the intent to effect or maintain the felony of making available to another person a person under 16 years of age for the purpose of any lewd or lascivious act, or the felony of the procurement of minors in the preparation of material depicting sexual conduct by a minor, is guilty of human trafficking. This bill contains other related provisions and other current laws.

AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-S. PUB. S.
Summary:
Current law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if he or she is not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. This bill would additionally require the court to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with a separate federal offense. The bill would make other conforming changes.

AB 168 (Gorell R)   Local Safety and Protection Account: appropriation.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was PUB. S. on 5/5/2011)
Location: 5/28/2011-A. 2 YEAR
Summary:
Would appropriate $506,400,000 from the General Fund to be deposited in the Local Safety and Protection Account, as specified. This bill contains other related provisions.

AB 175 (Donnelly R)   Inmates: transfers.
Status: 5/26/2011-From committee without further action pursuant to Joint Rule 62(a).
Location: 2/3/2011-A. PUB. S.
Summary:
Current law, operative until July 1, 2011, or until the Department of Corrections and Rehabilitation has replaced temporary beds, as defined, authorizes any court, agency, or officer having power to commit or transfer an inmate, to any institution for confinement, to commit or transfer that inmate to any institution within or without this state if this state has contracted for the confinement of inmates in that institution pursuant to one of 2 specified compacts. Current law provides that at any time more than 5 years after the transfer, the inmate shall be entitled to revoke consent and to transfer to an institution in this state. Current law prohibits the transfer or commitment of an inmate with serious medical or mental health conditions, as determined by the Plata Receiver, or an inmate in the mental health delivery system, as specified, to an institution outside of this state unless he or she has executed a written consent to the transfer. This bill would remove the inmate’s right to revoke his or her consent and make other conforming changes. The bill would delete the sunset date on current law and make the above provision operative indefinitely. This bill contains other related provisions and other current laws.

AB 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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 219 (Portantino D)   California Recidivism Goals Development and Achievement Act.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. on 5/11/2011)
Location: 5/28/2011-A. 2 YEAR
Summary:
Would declare the Legislature’s intent regarding the Department of Corrections and Rehabilitation’s role in reducing criminal recidivism. The bill would require the department to develop targets approved by the California Rehabilitation Oversight Board and to implement a plan based on those targets to achieve the goal of a reduction in the statewide criminal recidivism rate from 2010 of 20% by 2015 and 40% by 2020. The bill would provide that success towards meeting that goal would be reviewed as part of the annual budget process for the department’s budget. The bill would require the department to adopt regulations to require the reporting and verification of the statewide recidivism rate, as specified. This bill contains other related provisions and other current laws.

AB 220 (Solorio D)   Gang and youth violence: prevention.
Status: 6/1/2011-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: 6/1/2011-S. PUB. S.
Summary:
Would require the Director of the Office of Gang and Youth Violence Policy, subject to statutory limits and directives, to make recommendations to streamline current state agency gang and youth violence grant programs with a goal toward giving priority to grant programs that employ evidence-based practices. It would require the director to create a working group consisting of representatives of state offices and representatives of other specified stakeholders to assist in this effort, with the director serving as the chairperson. The bill would require the working group to advise the office on the task of streamlining grant programs that address gang and youth violence, in accordance with certain procedures. This bill contains other related provisions.

AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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 257 (Galgiani D)   Inmate release: notification.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/5/2011)
Location: 5/28/2011-A. 2 YEAR
Summary:
Current law requires the Board of Parole Hearings or the Department of Corrections and Rehabilitation, as specified, to notify certain persons who have requested notification when an inmate who has committed a violent felony is scheduled to be released. This bill would require the department to develop a unified statewide electronic mail victim notification system for notifying victims who request that notification of parole hearings or release dates for their offenders be sent to them by e-mail.

AB 288 (Fong D)   Public postsecondary education: community colleges: expulsion hearing.
Status: 5/12/2011-Referred to Com. on ED.
Location: 5/12/2011-S. ED.
Summary:
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 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 6/2/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/2/2011-S. RLS.
Summary:
Current law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill contains other related provisions and other current laws.

AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 5/27/2011-In committee: Set, second hearing. Held under submission.
Location: 5/27/2011-A. APPR.
Summary:
Current law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study. This bill would authorize a school district to provide instruction regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media. This bill contains other related provisions and other current laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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: 5/12/2011-Referred to Com. on PUB. S.
Location: 5/12/2011-S. PUB. S.
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 434 (Logue R)   County penalties: forensic laboratories.
Status: 4/25/2011-Referred to Com. on PUB. S.
Location: 4/25/2011-S. PUB. S.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.

AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 5/26/2011-Referred to Com. on PUB. S.
Location: 5/26/2011-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: 5/27/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Location: 5/27/2011-S. JUD.
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)   Sentencing.
Status: 6/2/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/2/2011-S. RLS.
Summary:
Current law, operative until January 1, 2012, provides that when a judgment of imprisonment is to be imposed and the statute specifies 3 possible terms, the choice of the appropriate term shall rest within the sound discretion of the court. Current law, operative January 1, 2012, provides that the court shall order imposition of the middle term, unless there are circumstances in aggravation or mitigation of the crime . This bill would extend the operative date of the current provision allowing the choice of the appropriate term to rest within the sound discretion of the court until January 1, 2013. This bill contains other related provisions.

AB 543 (Torres D)   Sex offenders: social networking prohibition.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. on 5/27/2011)
Location: 5/28/2011-A. 2 YEAR
Summary:
Would, in addition, make it a misdemeanor for any person who is granted probation or placed on parole for the conviction of a crime that requires him or her to register as a sex offender to use any Internet social networking Web site, as defined, during that period of probation or parole if the victim of the offense was under 18 years of age at the time of the offense and the Internet was used in the commission of the crime. The bill would authorize the person to seek an exception to the prohibition for legitimate professional purposes by applying through the appropriate parole or probation supervising agency. Approval would be valid for one year, unless revoked. The bill would authorize an annual application for renewal. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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: 6/1/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 4/14/2011-S. JUD.
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 593 (Ma D)   Domestic violence: battering: writ of habeas corpus.
Status: 4/26/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 4/26/2011-A. PUB. S.
Summary:
Current law, operative until January 1, 2020, establishes circumstances under which a writ of habeas corpus may be prosecuted for certain violent felonies on the basis of expert testimony regarding intimate partner battering that was not received in evidence at trial and may be sufficient to undermine confidence in the conviction, as specified. This bill would delete the repeal clause for those provisions and thus extend the operation of those provisions indefinitely.

AB 625 (Ammiano D)   Sex offender registration.
Status: 6/2/2011-Ordered to inactive file at the request of Assembly Member Charles Calderon.
Location: 6/2/2011-A. INACTIVE FILE
Summary:
Would establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified. The bill would require that by January 1, 2017, as specified, a tier level be assigned to every person registered as a sex offender, except a person who has not registered after January 1, 1996, unless that person registers again.

AB 630 (Hueso D)   Pupil safety: bullying.
Status: 5/4/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 4/27/2011-A. ED.
Summary:
Would express the intent of the Legislature to encourage school districts , at their discretion, to establish programs, to be integrated into the regular curriculum during National Bullying Prevention Month and throughout the year , to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils and school staff. This bill contains other related provisions.

AB 648 (Block D)   Clemency.
Status: 4/25/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/25/2011-S. RLS.
Summary:
Would require that, at least 30 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 653 (Galgiani D)   Sex offenders: registration of Internet accounts and identifiers.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/7/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would require a person required to register under the act to register his or her Internet accounts and Internet identifiers, defined to include e-mail addresses and designations used for the purposes of chatting, instant messaging, social networking, or other similar Internet communication. The bill would also require the person to update this information within 5 days of establishing an Internet account or creating or using an Internet identifier not previously disclosed, and would require that information to be forwarded by local law enforcement agencies to the Department of Justice. By expanding the scope of a crime and by increasing the duties of local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 694 (Gorell R)   Juvenile offenders.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 4/5/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would expand the class of persons who may be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to include a person described above if he or she was previously the subject of a petition in which it was alleged and was subsequently admitted or found to be true by the court that the ward committed a specified serious or violent offense, or a specified sex offense.

AB 701 (Wagner R)   Missing persons: mobile telephone location.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/7/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would authorize a peace officer to require a mobile telephony service carrier to provide the location of a mobile communication device, with a global positioning system, where the subscriber for the mobile telephony service has authorized the carrier to provide the requested information to a peace officer, where a missing person report has been filed for an at risk child or elder. This bill contains other related provisions and other current laws.

AB 755 (Galgiani D)   Sex offenders: CAL E-STOP.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 4/26/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would require that the registration include a list of all Internet identifiers and service providers, as defined, used by the person. The bill would require the registrant to update this information, as specified. By increasing the scope of a crime, this bill would create a state-mandated local program. This bill contains other related provisions and other current laws.

AB 757 (Blumenfield D)   Sex offenders: public information.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/7/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would provide that with respect to those persons whose application for exclusion was granted by the department pursuant to the provisions specified above, if at any time after exclusion, any law enforcement agency notifies the department that, based on facts known to the agency about the offender, the agency believes that public safety may be compromised by the continued exclusion of the offender from public posting on the Internet Web site, the department shall, 30 days after notifying the offender, make information about the offender available to the public on the Internet Web site, as specified.

AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Child Victims of Human Trafficking Fund.
Status: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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: 5/19/2011-Referred to Com. on PUB. S.
Location: 5/19/2011-S. PUB. S.
Summary:
Would 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 799 (Swanson D)   Commercially sexually exploited minors.
Status: 5/12/2011-Referred to Com. on PUB. S.
Location: 5/12/2011-S. PUB. S.
Summary:
Current law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.

AB 813 (Fletcher R)   Sex offenders: punishment: parole.
Status: 6/2/2011-Referred to Coms. on PUB. S. and JUD.
Location: 6/2/2011-S. PUB. S.
Summary:
Would give board members immunity from liability for their good faith conduct. The bill would require that information submitted by a person applying for certification as a sex offender management professional do so under the penalty of perjury. Because the bill would expand the scope of the crime of perjury, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 855 (Ma D)   County penalties: forensic laboratories.
Status: 5/19/2011-Referred to Com. on PUB. S.
Location: 5/19/2011-S. PUB. S.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, funds remaining in the county’s DNA Identification Fund may be used to reimburse a local sheriff, police, district attorney, or regional state crime laboratory for expenditures and administrative costs made or incurred for utilizing an authorized laboratory for the processing and analysis of forensic identification samples and testimony related to that analysis, as specified. This bill contains other related provisions.

AB 874 (Donnelly R)   Prisoners.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PRINT on 2/17/2011)
Location: 5/13/2011-A. 2 YEAR
Summary:
Current law establishes the Department of Corrections and Rehabilitation and charges it with various duties and responsibilities. Current law generally regulates the conditions of incarceration and release for prisoners confined in state prisons. This bill would express the intent of the Legislature to enact legislation relating to prisoners.

AB 881 (Cook R)   Mental health: involuntary commitment: transportation.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was HEALTH on 3/17/2011)
Location: 5/13/2011-A. 2 YEAR
Summary:
Would authorize a provider of ambulance services, as defined, and the employees of those providers to further detain a person in custody for the purpose of transporting him or her to a county-designated facility, whether or not accompanied by a person otherwise authorized. The bill would also exempt from criminal and civil liability individuals transporting a person for 72-hour treatment and evaluation pursuant to this provision.

AB 883 (Cook R)   Sex offenders: registration.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/14/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other current laws.

AB 884 (Cook R)   Sexually violent offenders: notification of offender registration by law enforcement.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/14/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would provide, in addition, that any law enforcement entity that is notified of the registration of a sex offender who was convicted of a sexually violent offense or a sex crime against a child under 14 years of age shall, within 5 days of the offender’s registration, be required to provide, in writing, notice and information, as specified, to all persons living within 1,000 feet of the residence of the convicted sex offender and all schools and day care centers, the services of which are available to the residents of the area where the convicted sex offender resides. By requiring local law enforcement to provide specified notice regarding specified sex offenders to specified persons and entities, this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 885 (Cook R)   Vehicles: driver’s licenses and identification cards: issuance and renewal: registered sex offenders.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was TRANS. on 4/11/2011)
Location: 5/10/2011-A. 2 YEAR
Summary:
Would require the Department of Motor Vehicles to comply with certain requirements when issuing an original driver’s license or identification card, or a renewal of that driver’s license or identification card, to a person required to be registered as a sex offender, if the person was adjudicated to be a sexually violent predator or was convicted of a sex offense against a minor. The bill would require the metallic strip of the license or identification card to contain that information. In addition to any other requirement, the bill would require the applicant to provide a current photograph and address verification to the department for the original license, identification card, and each renewal. This bill contains other related provisions and other current laws.

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 5/12/2011-Referred to Com. on PUB. S.
Location: 5/12/2011-S. PUB. S.
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: 6/1/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/1/2011-S. RLS.
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.

AB 918 (Block D)   Crimes: felonies.
Status: 5/27/2011-In committee: Set, second hearing. Held under submission.
Location: 5/27/2011-A. APPR.
Summary:
Would add pimping, pandering, and human trafficking as offenses that may be used to establish a pattern of criminal activity for those purposes. Because this bill would amend Proposition 21 it therefore requires a 2/3 vote. This bill contains other related provisions and other current laws.

AB 996 (Donnelly R)   Sex offenders: human trafficking.
Status: 5/26/2011-From committee without further action pursuant to Joint Rule 62(a).
Location: 5/10/2011-A. 2 YEAR
Summary:
Would add human trafficking for the purposes of sexual slavery to the list of offenses requiring registration as a sex offender under the Sex Offender Registration Act. Because this bill would create a new crime, and because additional persons have to be registered as sex offenders by local officials, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 1022 (Fletcher R)   Sex offenders: registration.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. on 5/27/2011)
Location: 5/28/2011-A. 2 YEAR
Summary:
Would expand the provisions described above relating to community notification regarding a registered sex offender by way of an Internet Web site to include, upon request, e-mail or other electronic notification. This bill contains other related provisions and other current laws.

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

AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 4/26/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 4/4/2011-A. PUB. S.
Summary:
Would provide that the probation department shall be immune from liability for good faith conduct taken under these provisions. This bill contains other current laws.

AB 1243 (Fletcher R)   Sexually violent predators.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT
Summary:
Would make a technical, nonsubstantive change to these provisions. This bill contains other related provisions.

AB 1373 (Fong D)   Pupils: healthy relationships promotion and teen dating violence prevention.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. on 5/27/2011)
Location: 5/28/2011-A. 2 YEAR
Summary:
Would authorize school districts to provide education programs that promote healthy relationships and prevent teen dating violence to pupils in grades 7 to 12, inclusive, through curricular, extracurricular, and school climate improvement activities. The bill would authorize school districts to work in partnership with parents, caregivers, and youth, domestic violence, sexual assault, and other appropriate community-based organizations to provide these education programs. The bill would require school districts that choose to provide education programs that promote healthy relationships and prevent teen dating violence to use research-based materials that are appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds, and for pupils with disabilities. The bill would require the Superintendent of Public Instruction to provide information about model education programs that are designed to promote healthy relationships and prevent teen dating violence on the department’s Internet Web site, as specified.

ACA 14 (Silva R)   Governor: pardons and commutations.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-A. PUB. S.
Summary:
The California Constitution authorizes the Governor to grant pardons or commutations after sentence has been entered, but prohibits the Governor from granting a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring. This measure would further prohibit the Governor from granting a pardon or commutation during the 30-day period immediately preceding the end of his or her term of office. The measure would provide that any pardon or commutation issued in violation of these provisions is void.

ACA 15 (Mansoor R)   Governor: pardons and commutations.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-A. PUB. S.
Summary:
Would require the Governor, at least 30 days prior to granting a pardon or commutation, to provide written notice of the pardon or commutation to the agency that prosecuted the case in which the person was convicted, and to each victim of the crime or crimes for which that person was convicted. The measure would provide that any pardon or commutation issued in violation of these provisions is void.

ACR 32 (Harkey R)   Child sexual abuse awareness.
Status: 5/2/2011-In Senate. To Com. on RLS.
Location: 5/2/2011-S. RLS.
Summary:
This measure would declare April 29, 2011, as the day of the annual TAALK-a-Thon sponsored by Talk About Abuse to Liberate Kids (TAALK), and would encourage all adults in California to be knowledgeable and outspoken about the prevention of child sexual abuse.

SB 13 (Correa D)   Pupils: teen dating violence prevention.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was ED. on 5/4/2011)
Location: 5/10/2011-S. 2 YEAR
Summary:
Would authorize a school district to provide teen dating violence prevention education consisting of age-appropriate instruction, as developed by the state board pursuant to the bill, as part of the sexual health and health education program it provides to pupils in grades 7 to 12, inclusive. The bill would authorize a school district to use school district personnel or outside consultants who are trained in the appropriate courses to provide this additional instruction. The bill would specify the required content and criteria for this additional instruction and any associated materials if a school district elects to provide it. The bill would provide that a parent or guardian of a pupil has the right to excuse his or her child from all or part of the teen dating violence prevention education and any assessments related to it, and would prescribe the procedure for a parent or guardian to exercise that right. This bill contains other related provisions.

SB 25 (Padilla D)   Correctional facilities: wireless communication devices.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/20/2011)
Location: 5/10/2011-S. 2 YEAR
Summary:
Would provide, subject to exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the Department of Corrections and Rehabilitation any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module (SIM card) or memory storage device, is guilty of a misdemeanor, punishable by a fine not exceeding $5,000 for each device. The bill would also provide that if a person visiting an inmate or ward in the custody of the department, when searched or subjected to a metal detector, is found to be in possession of a cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a SIM card or memory storage device, that cellular telephone or wireless communication device or component shall be subject to confiscation, but shall be returned on the same day the person visits the inmate or ward, except as provided. The bill would require posted notices regarding those search and confiscation provisions, as specified. This bill contains other related provisions and other current laws.

SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other current laws.

SB 54 (Runner R)   Sex offenders: residency restrictions: petition for relief.
Status: 4/26/2011-Set, first hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 741.) Reconsideration granted.
Location: 4/12/2011-S. PUB. S.
Summary:
Would provide that the 2,000 feet shall be measured by the shortest practical pedestrian or vehicle path. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a substantial percentage of sex offenders are unable to comply despite good faith efforts. The bill would require that, if relief is granted, it shall be narrowly crafted in order to substantially comply with the intent of the people in approving the residency requirements. This bill contains other related provisions and other current laws.

SB 55 (Runner R)   Parole: placement at release: registration.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/16/2011)
Location: 5/28/2011-S. 2 YEAR
Summary:
Would require these inmates, if they reside in this state, to register a residential address with the sheriff of the county in which they reside within 10 days of establishing residence or changing residence, including changes of residence within the same county. The bill would make failure to register a misdemeanor. Because this bill would impose additional duties on local sheriff departments and create a new crime, it would create a state-mandated local program. This bill contains other related provisions and other current laws.

SB 57 (Runner R)   Sex offenders: social networking and online address notification requirement.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime , this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 59 (Runner R)   Parole: release.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was RLS. on 1/20/2011)
Location: 5/10/2011-S. 2 YEAR
Summary:
Would exempt persons placed on parole, to whom the above-referenced criteria apply, from the provision that requires inmates released on parole to be returned to the county of last legal residence.

SB 119 (Lowenthal D)   Emergency youth shelter facilities.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified minors under 18 years of age , except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013 , as specified, which would be the only licensing standards applicable to emergency youth shelters. 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 123 (Liu D)   California Runaway, Homeless, and Exploited Youth Act.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/3/2011)
Location: 5/28/2011-S. 2 YEAR
Summary:
Would enact the California Runaway, Homeless, and Exploited Youth Act, and would require, subject to the availability of adequate resources, the California Emergency Management Agency to develop, in collaboration with the Senate Office of Research and various interested parties, a statewide plan for runaway, homeless, and exploited youth, as specified. The bill would make related findings and declarations.

SB 139 (Alquist D)   Corrections: Inspector General.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would authorize the Inspector General, or its successor, to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature quarterly regarding those searches, as specified.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would provide that for any person subject to a sexually violent predator proceeding, as specified, an order issued by a judge pursuant to specified provisions, finding that the petition supports a finding of probable cause to believe that the person is likely to engage in sexually violent criminal behavior upon his or her release, shall toll the period of parole of that person, from the date that person is released until a specified court order is entered. This bill contains other related provisions and other current laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 6/1/2011-In Assembly. Read first time. Held at Desk.
Location: 6/1/2011-A. DESK
Summary:
Would recast the definition of emergency services and care to include other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of consultation to also mean the rendering of a decision regarding hospitalization or transfer and would provide that consultation includes review of the patient’s medical record, examination, and treatment of the patient in person by a specialty physician and surgeon when determined to be medically necessary jointly by the treating physician and surgeon and the consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of when stabilization of a patient has occurred to include the opinion of other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 242 (Corbett D)   Social networking Internet Web sites: privacy: minors.
Status: 6/2/2011-Read third time. Refused passage. (Ayes 19. Noes 17.)
Location: 6/2/2011-S. THIRD READING
Summary:
Would prohibit a social networking Internet Web site, as defined, from displaying to the public or other registered users any information about a registered user of that Internet Web site, other than the user’s name and city of residence, without the express agreement of the user. The bill would require a social networking Internet Web site to establish a process for new users to set their privacy settings as part of the registration process that explains privacy options in plain language, and to make privacy settings available in an easy-to-use format. The bill would require a social networking Internet Web site to remove the personal identifying information, as defined, of any registered user, and would require removal of that information regarding a user under 18 years of age upon request by the user’s parent, within 96 hours upon his or her request. This bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.

SB 248 (Wyland R)   Forensic specimens: offenders.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was SENATE on 4/6/2011)
Location: 5/28/2011-S. 2 YEAR
Summary:
Would add to the list of persons required to provide forensic identifying samples, persons, including juveniles, who pled guilty, or no contest to, or were convicted of, or adjudicated for committing, certain offenses punishable as misdemeanors or felonies or both, pertaining to poisoning animals, cruelty to animals, stalking, specified species of disorderly conduct, installing a 2-way mirror in specified locations, and loitering in a public place with the intent to commit prostitution. The bill would also make nonsubstantive, technical corrections. This bill contains other related provisions and other current laws.

SB 271 (Wyland R)   Evidence: rape kits: expedited processing.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/31/2011)
Location: 5/10/2011-S. 2 YEAR
Summary:
Would specifically provide that a county’s remaining share of funds attributable to the increase in penalties as required by the act may be used by a local sheriff, police department, district attorney, or other law enforcement agency for expenditures and administrative costs made or incurred for utilizing a laboratory, other than the Department of Justice Laboratory, as specified, to expedite the analysis and processing of rape kits and uploading rape kit information to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. This bill contains other related provisions and other current laws.

SB 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 6/1/2011-In Assembly. Read first time. Held at Desk.
Location: 6/1/2011-A. DESK
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 329 (Correa D)   County penalties: forensic laboratories.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PUB. S. on 2/24/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Would require, for the purposes of providing supplemental funding for the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, as specified, an additional penalty to be levied in an unspecified amount in each county for the late payment of any fine, penalty, or forfeiture imposed by the courts for any violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, that is committed by the driver of a vehicle while it is in motion. Pursuant to the provisions described above, the penalty proceeds would be deposited into each county’s and the state’s DNA Identification Fund for the purposes specified above. This bill contains other related provisions.

SB 428 (Strickland R)   Lester’s Law of 2011.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
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 453 (Correa D)   Pupil rights: bullying: school safety plans: suspension and expulsion.
Status: 5/26/2011-Held in committee and under submission.
Location: 5/24/2011-S. APPR. SUSPENSE FILE
Summary:
Would encourage, as comprehensive school safety plans are reviewed and updated, all plans, to the extent that resources are available, to include policies and procedures to ensure that appropriate strategies, resources, training, and other prevention or intervention efforts are in place to deal with the remediation and termination of bullying, as specified. This bill contains other related provisions and other current laws.

SB 480 (Vargas D)   Public social services: domestic violence.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/16/2011)
Location: 5/28/2011-S. 2 YEAR
Summary:
Would provide that in determining whether a county has failed to meet the federal work requirements, the number of cases subject to the federal work participation requirements is not to include specified cases granted a federally recognized good cause domestic violence waiver. This bill contains other related provisions and other current laws.

SB 490 (Hancock D)   Corrections: Office of the Inspector General.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would remove the Inspector General and the other employees from peace officer status. The bill would authorize the Inspector General and certain other employees to exercise the powers of arrest and serving warrants, as provided. This bill contains other related provisions and other current laws.

SB 492 (Correa D)   Sexually violent predators: civil commitment.
Status: 5/10/2011-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 4/12/2011)
Location: 5/10/2011-S. 2 YEAR
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation instead to refer to the State Department of Mental Health (DMH) for assessment any person in the custody of the CDCR, including the Division of Juvenile Facilities and persons on parole or for whom a warrant of arrest is outstanding, who has committed a sexually violent offense, as defined. The bill would also require the Director of Mental Health to identify and evaluate individuals who are in custody under the jurisdiction of the DMH and who have convictions for sexually violent offenses at least 6 months prior to their release. By increasing the responsibilities of local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 531 (Rubio D)   Search warrants: HIV testing.
Status: 5/28/2011-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/16/2011)
Location: 5/28/2011-S. 2 YEAR
Summary:
Would require, if a victim requests an HIV test of a defendant against whom an information or indictment has been presented for a crime in which, by force or threat of force, the defendant is alleged to have compelled the victim to engage in sexual activity, the HIV test to be administered not later than 48 hours after the date on which the search warrant is issued . The bill would require the local health officer to disclose the HIV test results as soon as practicable. Because the bill would impose additional duties on local governmental entities, it would create a state-mandated local program. This bill contains other related provisions and other current laws.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand the provision of forensic medical examinations paid for by a local agency, it would impose a state-mandated local program. The bill would provide that specified funds in the annual Budget Act for the California Emergency Management Agency shall be used to reimburse any state-mandated reimbursable costs resulting from this act that would otherwise be claimable through the state mandates reimbursement process. The bill would make related conforming changes. This bill contains other related provisions and other current laws.

SB 557 (Kehoe D)   Family justice centers.
Status: 6/1/2011-Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly.
Location: 5/27/2011-S. THIRD READING
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 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: 6/1/2011-Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly.
Location: 5/27/2011-S. THIRD READING
Summary:
Would extend to January 1, 2016, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

SB 601 (Hancock D)   Corrections: prisons: accountability report.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a Corrections Accountability Report containing specified information regarding each institution, including, among other information, the number of inmates disciplined and the number of inmate appeals related to disciplinary actions, on a monthly basis and to post the report once a month on the department’s Internet Web site.

SB 604 (Berryhill R)   Probation.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/3/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Current law authorizes the court to grant probation to certain persons convicted of a crime. Current law provides that “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. This bill would make technical, nonsubstantive changes to the provision defining the term “probation.”

SB 622 (Corbett D)   Sex offenders: registration.
Status: 5/19/2011-Referred to Com. on PUB. S.
Location: 5/19/2011-A. PUB. S.
Summary:
Would require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other current laws.

SB 756 (Price D)   Sex offender registration.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person’s arrest and shall have authority to prosecute that person as specified. This bill contains other related provisions and other current laws.

SB 852 (Harman R)   Corrections: victim notification.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
Summary:
Current law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Current law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. This bill contains other related provisions and other current laws.

SB 856 (Walters R)   Parole: domestic violence: sexual abuse: victim’s rights.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/10/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Current law requires, upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings to impose as a condition of parole for a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a spouse, farmer spouse, or other victim of domestic violence, that the parolee comply with any protective orders related to the victim, as specified. This bill would make technical, nonsubstantive changes to that provision.

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 6/2/2011-In Assembly. Read first time. Held at Desk.
Location: 6/2/2011-A. DESK
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.

SB 916 (Negrete McLeod D)   Sex offenses: sexting.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/10/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Under current law, it is a felony for a person to knowingly possess or control any matter, representation of information, data, or image that involves the use of a person under 18 years of age personally engaging in or simulating sexual conduct, as defined. This bill would express the intent of the Legislature to enact legislation to address the activity commonly referred to as “sexting” as it pertains to minors.

Photostream by jimmywayne

In March, CALCASA and the CA Partnership to End Domestic Violence invited advocates from across California to come to the Capitol and urge legislators to support our statewide policy priorities.

As a reminder, here is the list of our priority legislation:

AB 322 (Portantino) Rape Kit Backlog: This bill originally would have set hard deadlines for local law enforcement and crime labs to process backlogged rape kits. However because of budgetary restrictions it was amended to require local jurisdictions to annually report to the CA Department of Justice the number of rape kits backlogged. We believe these reports will bring transparency to backlogs across the state and allow local advocates to hold law enforcement accountable for inaction.

AB 898 (Alejo) Increase Restitution Fines to match inflationary changes: This bill would increase restitution fines for the first time in twenty years. AB 898 proposes to increase the fine by 50%. This increase will assist in the long term solvency of the Restitution Fund, the main source of funding for the Victim Compensation Program.

SB 534 (Corbett) Violence Against Women Act of 2005 Compliance: This bill would codify in CA law that a survivor of sexual assault is not required to participate in the criminal justice system or cooperate with law enforcement in order to receive a forensic medical exam.

We are happy to report that because of your advocacy this year, the relationships you continue to build at the local level, and the Capitol networks established by CALCASA, we were able to achieve significant milestones to protect important survivor services, secure federal funds, and bring transparency to rape kit backlogs! Our ongoing policy strategy and political outreach was able to garner wide bipartisan support for each of our priority bills. In fact, AB 898 and SB 534 were approved unanimously!

However our work is not done! AB 322 and AB 898 will now head over to the State Senate and SB 534 will move to the State Assembly for further review. We will need your help to ensure this essential legislation makes its way to the Governor’s desk. Sign up for Action Alerts at our CALCASA Take Action Center to stay updated on our latest campaigns to protect important survivor services.

Please contact Phillip Ung at phillip@calcasa.org if you have any questions about our policy agenda.

Week of May 16, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of May 16th. 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 446 (Carter D)   Juveniles: restorative justice program.
Status: 5/16/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 5/16/2011-S. RLS.
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 520 (Ammiano D)   Sentencing.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Would provide that the court may not impose an upper term based on aggravating facts unless the facts were first presented to the factfinder and the factfinder found the facts to be true. The bill would require the court to state the reasons for its sentence choice on the record at the time of sentencing, including the specific facts in aggravation, if any, the court relied upon to impose an upper term. This bill contains other related provisions.

AB 625 (Ammiano D)   Sex offender registration.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Current law, the Sex Offender Registration Act, requires a person convicted of certain crimes, as specified, for the rest of his or her life while residing in California, or while attending school or working in California, as specified, to register with law enforcement as a sex offender. This bill would instead establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified.

AB 813 (Fletcher R)   Sex offenders: punishment: parole.
Status: 5/19/2011-Action From CONSENT CALENDAR: Read second time.To CONSENT CALENDAR.
Location: 5/19/2011-A. CONSENT CALENDAR
Summary:
Would give board members immunity from liability for their good faith conduct. The bill would require that information submitted by a person applying for certification as a sex offender management professional do so under the penalty of perjury. Because the bill would expand the scope of the crime of perjury, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 874 (Donnelly R)   Prisoners.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PRINT on 2/17/2011)
Location: 5/13/2011-A. 2 YEAR
Summary:
Current law establishes the Department of Corrections and Rehabilitation and charges it with various duties and responsibilities. Current law generally regulates the conditions of incarceration and release for prisoners confined in state prisons. This bill would express the intent of the Legislature to enact legislation relating to prisoners.

AB 881 (Cook R)   Mental health: involuntary commitment: transportation.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was HEALTH on 3/17/2011)
Location: 5/13/2011-A. 2 YEAR
Summary:
Would authorize a provider of ambulance services, as defined, and the employees of those providers to further detain a person in custody for the purpose of transporting him or her to a county-designated facility, whether or not accompanied by a person otherwise authorized. The bill would also exempt from criminal and civil liability individuals transporting a person for 72-hour treatment and evaluation pursuant to this provision.

AB 898 (Alejo D)   Crime victims: restitution: fine.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Would make the minimum restitution fine not less than $400 , if the person is convicted of a felony, and not less than $200 , 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.

AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea.
Status: 5/18/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/18/2011-A. APPR. SUSPENSE FILE
Summary:
Would establish special maritime jurisdiction for crimes against persons on board a ship outside of the state under specified circumstances , including when there is a suspect on board a ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state, when the master of the ship or an official of the flag state, as defined, commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state, when the state where the crime occurred requests the exercise of jurisdiction by this state, when the crime occurs during a voyage on which over 1/2 of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, or where the victim is a California law enforcement officer on board the ship in connection with his or her official duties. The bill would provide that a crime against the person or property of another that is punishable by law when committed in this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, as specified. Because this bill would expand the application of crimes to a new category of people, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 55 (Runner R)   Parole: placement at release: registration.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would require these inmates, if they reside in this state, to register a residential address with the sheriff of the county in which they reside within 10 days of establishing residence or changing residence, including changes of residence within the same county. The bill would make failure to register a misdemeanor. Because this bill would impose additional duties on local sheriff departments and create a new crime, it would create a state-mandated local program. This bill contains other related provisions and other current laws.

SB 57 (Runner R)   Sex offenders: social networking and online address notification requirement.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime , this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 139 (Alquist D)   Corrections: Inspector General.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would authorize the Inspector General , or its successor, to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature monthly regarding those searches, as specified.

SB 233 (Pavley D)   Emergency services and care.
Status: 5/18/2011-Read second time and amended. Ordered to third reading.
Location: 5/18/2011-S. THIRD READING
Summary:
Would recast the definition of emergency services and care to include other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of consultation to also mean the rendering of a decision regarding hospitalization or transfer and would provide that consultation includes review of the patient’s medical record, examination, and treatment of the patient in person by a specialty physician and surgeon when determined to be medically necessary jointly by the treating physician and surgeon and the consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of when stabilization of a patient has occurred to include the opinion of other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 242 (Corbett D)   Social networking Internet Web sites: privacy: minors.
Status: 5/17/2011-Read second time and amended. Ordered to third reading.
Location: 5/17/2011-S. THIRD READING
Summary:
Would prohibit a social networking Internet Web site, as defined, from displaying to the public or other registered users any information about a registered user of that Internet Web site , other than the user’s name and city of residence, without the express agreement of the user . The bill would require a social networking Internet Web site to establish a process for new users to set their privacy settings as part of the registration process that explains privacy options in plain language, and to make privacy settings available in an easy-to-use format. The bill would require a social networking Internet Web site to remove the personal identifying information, as defined, of any registered user, and would require removal of that information regarding a user under 18 years of age upon request by the user’s parent, within 48 hours upon his or her request. This bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.

SB 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 329 (Correa D)   County penalties: forensic laboratories.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PUB. S. on 2/24/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Would require, for the purposes of providing supplemental funding for the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, as specified, an additional penalty to be levied in an unspecified amount in each county for the late payment of any fine, penalty, or forfeiture imposed by the courts for any violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, that is committed by the driver of a vehicle while it is in motion. Pursuant to the provisions described above, the penalty proceeds would be deposited into each county’s and the state’s DNA Identification Fund for the purposes specified above. This bill contains other related provisions.

SB 428 (Strickland R)   Public safety omnibus bill.
Status: 5/17/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: 5/17/2011-S. 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 453 (Correa D)   Pupil rights: bullying: school safety plans: suspension and expulsion.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would encourage , as comprehensive school safety plans are reviewed and updated, all plans, to the extent that resources are available, to include policies and procedures to ensure that appropriate strategies, resources, training, and other prevention or intervention efforts are in place to deal with the remediation and termination of bullying, as specified. This bill contains other related provisions and other current laws.

SB 480 (Vargas D)   Public social services: domestic violence.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would provide that in determining whether a county has failed to meet the federal work requirements, the number of cases subject to the federal work participation requirements is not to include specified cases granted a federally recognized good cause domestic violence waiver. This bill contains other related provisions and other current laws.

SB 490 (Hancock D)   Corrections: Office of theIndependent Correctional Oversight.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would remove the Inspector General and the other employees from peace officer status. The bill would eliminate the Office of the Inspector General and replace it with its successor the Office of Independent Correctional Oversight and make conforming changes. The bill would require the Governor to appoint a director for the office, as specified, and would authorize the director and certain other employees to exercise the powers of arrest and serving warrants, as provided. This bill contains other related provisions and other current laws.

SB 531 (Rubio D)   Search warrants: HIV testing.
Status: 5/16/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: 5/16/2011-S. APPR.
Summary:
Would require, if a victim requests an HIV test of a defendant against whom an information or indictment has been presented for a crime in which, by force or threat of force, the defendant is alleged to have compelled the victim to engage in sexual activity, the HIV test to be administered not later than 48 hours after the date on which the search warrant is issued . The bill would require the local health officer to disclose the HIV test results as soon as practicable. Because the bill would impose additional duties on local governmental entities, it would create a state-mandated local program. This bill contains other related provisions and other current laws.

SB 557 (Kehoe D)   Family justice centers.
Status: 5/17/2011-Read second time and amended. Ordered to third reading.
Location: 5/17/2011-S. THIRD READING
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 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 604 (Berryhill R)   Probation.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/3/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Current law authorizes the court to grant probation to certain persons convicted of a crime. Current law provides that “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. This bill would make technical, nonsubstantive changes to the provision defining the term “probation.”

SB 756 (Price D)   Sex offender registration.
Status: 5/13/2011-Set for hearing May 23.
Location: 5/10/2011-S. APPR.
Summary:
Would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person’s arrest and shall have authority to prosecute that person as specified. This bill contains other related provisions and other current laws.

SB 852 (Harman R)   Corrections: victim notification.
Status: 5/16/2011-Placed on APPR. suspense file.
Location: 5/16/2011-S. APPR. SUSPENSE FILE
Summary:
Would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available . This bill contains other related provisions and other current laws.

SB 856 (Walters R)   Parole: domestic violence: sexual abuse: victim’s rights.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/10/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Current law requires, upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings to impose as a condition of parole for a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a spouse, farmer spouse, or other victim of domestic violence, that the parolee comply with any protective orders related to the victim, as specified. This bill would make technical, nonsubstantive changes to that provision.

SB 916 (Negrete McLeod D)   Sex offenses: sexting.
Status: 5/13/2011-Failed Deadline pursuant to Rule 61(a)(3). (Last location was RLS. on 3/10/2011)
Location: 5/13/2011-S. 2 YEAR
Summary:
Under current law, it is a felony for a person to knowingly possess or control any matter, representation of information, data, or image that involves the use of a person under 18 years of age personally engaging in or simulating sexual conduct, as defined. This bill would express the intent of the Legislature to enact legislation to address the activity commonly referred to as “sexting” as it pertains to minors.

SCR 15 (Evans D)   Sexual Assault Awareness Month: Denim Day California.
Status: 5/18/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on RLS.
Location: 5/18/2011-A. RLS.
Summary:
This measure would resolve that the month of April be designated as Sexual Assault Awareness Month, would recognize April 27, 2011, as Denim Day California, and would encourage everyone to wear jeans on that day to help communicate the message that there is no excuse for, and never an invitation to, rape or sexual assault.

© International Monetary Fund's photostream

The story of Dominique Strauss-Kahn, the IMF chief who faces charges of sexually assaulting and attempting to rape a maid at a Manhattan hotel, is making headline news at a rapid rate. Major media outlets, such as CNN, The Wall Street Journal and The Washington Post, have feverishly followed this story. This is, of course, a serious matter; but these incidents unfortunately occur everyday — and they don’t make international headlines.

This case becomes “a story” because  of stereotypes which re-enforce that this is not to be expected of a world leader. People don’t want to believe — or don’t believe — that an individual in a high-ranking position who works for an organization that sets economic policies for countries all over the world, is capable of such a crime. The media’s response to this case has highlighted Strauss-Kahn’s career, power and political involvement.

CNN, for example, ran the headline, “Dominique Strauss-Kahn: A brilliant career, a stunning accusation.” For many, this accusation is “stunning” because its insidious to believe that people with “brilliant careers” could sexually assault. However, the reality is that people of any class, status, race and gender can, and do, sexually assault.

In another headline, the BBC wrote, “IMF chief sent to tough NY jail.” Most people do not consider that someone in a position of power — the “IMF chief” no less — would end up in a “tough NY jail.” The unfortunate truth is that no one type of person is exempt.

When these stories make headline news, its the duty of advocates to educate communities, so citizens know that these types of offenses can happen anywhere. Class, status, position and power do not make individuals incapable of committing terrible crimes. Bottomline: It’s unacceptable for anyone — regardless of her/his status in society — to behave in this way. Still, it’s an unfortunate reality that people all over the world do commit sexual crimes.

As this case continues to unfold, let’s use the media’s response as a teachable moment to highlight that power, class and income do not exclude one from potentially perpetrating. The work to end sexual violence is far from finished, but the awareness that sexual violence is committed by and against every group of people is a step toward change.

On Sunday May 1, 2011 CBS chief foreign correspondent Lara Logan, a renowned and prize winning journalists known for her embedded reporting in international warzones, spoke publicly for the first time about her sexual assault to CBS 60 Minutes.

If you are seeking or know someone who is in need of assistance, please contact your local rape crisis center or 24-hour hotline to get in touch with a victim-advocate.

The Association for the Treatment of Sexual Abusers (ATSA), with support from the Ms. Foundation, has released a new report titled A Reasoned Approach: Reshaping Sex Offender Policy to Prevent Child Sexual Abuse.  In the executive summary authors Joan Tabachnick and Alisa Klein note the increasing number of policies passed by legislators about sexual abused. They state that “research from the last decade has highlighted some of the unintended negative impacts these laws may be having on our ability to prevent sexual abuse before it is perpetrated and to prevent re-offense by individuals returning to communities.”

Click here to check out this report.

The California Coalition Against Sexual Assault continues our strong tradition of reaching out to policymakers and the Administration to raise awareness about sexual violence throughout our state. Each year legislators and Capitol staff, agency secretaries, department directors, the Governor, and citizens from all over California decide to put on a pair of jeans and to show their support for Denim Day CA. By wearing denim they show there is never an excuse or reason for sexual violence. Below you’ll see two videos from some of our most ardent supporters, Assembly Members Paul Fong and Fiona Ma.

We are also excited to announce our 2011 Denim Day CA speakers who will join CALCASA on the West Steps of the Capitol on Wednesday April 27th at 10:00am:

• Mike Dayton, Acting Secretary of the CA Emergency Management Agency
• Matthew Cate, Secretary of the CA Dept. of Corrections and Rehabilitation
• Senator Darrell Steinberg, Pro Tempore of the State Senate
• Assembly Member Tom Ammiano, Chair of the Assembly Public Safety Committee
• Senator Mark Leno, Chair of the Senate Budget Committee
• Assembly Member Bonnie Lowenthal, Vice-Chair of the Legislative Women’s Caucus
• Assembly Member Fiona Ma, Pro Tempore of the State Assembly
• Assembly Member Nancy Skinner, Chair of the Assembly Rules Committee
• Senator Kevin de Leon, Chair  of the Senate Democratic Caucus
• and much more…

These outstanding supporters are setting an example to all Californians that the simple act of wearing denim and speaking out against sexual violence can help raise awareness and prevent these heinous crimes. Call your legislators today and ask them toattend the Denim Day CA Rally on April 27th on the West Steps and sign the Pledge to End Sexual Violence.

If you have questions about Denim Day CA, please contact Phillip@calcasa.org.

Week of April 11, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of April 11th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Visit our Legislation Agenda page to view all bills being followed at this time. Help CALCASA push our legislative agenda by signing up and Taking Action!

AB 13 (Knight R)   Public school volunteers.
Status: 4/13/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 3/25/2011-A. 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 agen cy 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 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 . This bill contains other existing laws.

AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-S. PUB. S.
Summary:
Would additionally require the court to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with a separate federal offense. The bill would make other conforming changes.

AB 179 (Gorell R)   Electronic monitoring: removing or disabling: offense.
Status: 4/13/2011-In committee: Hearing postponed by committee. (Refers to 4/12/2011 hearing)
Location: 2/3/2011-A. PUB. S.
Summary:
Would provide that unauthorized removal, as specified, of an electronic, GPS, or other monitoring device affixed for purposes of a criminal sentence, juvenile court disposition, parole, or probation is an offense punishable by imprisonment in a county jail for one year, or a $1,000 fine, or both, if the underlying offense was a misdemeanor, or by imprisonment in the state prison for 16 months, 2 year, or 3 years if the underlying offense is a felony. This bill contains other related provisions and other existing laws.

AB 219 (Portantino D)   California Recidivism Goals Development and Achievement Act.
Status: 4/13/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 12). Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
Summary:
Would declare the Legislature’s intent regarding the Department of Corrections and Rehabilitation’s role in reducing criminal recidivism. The bill would require the department to develop targets approved by the California Rehabilitation Oversight Board and to implement a plan based on those targets to achieve the goal of a reduction in the statewide criminal recidivism rate from 2010 of 20% by 2015 and 40% by 2020. The bill would provide that success towards meeting that goal would be reviewed as part of the annual budget process for the department’s budget. The bill would require the department to adopt regulations to require the reporting and verification of the statewide recidivism rate, as specified. This bill contains other related provisions and other existing laws.

AB 288 (Fong D)   Public postsecondary education: community colleges: expulsion hearing.
Status: 4/14/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/14/2011-S. RLS.
Summary:
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 existing laws.

AB 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 4/13/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
Summary:
Would declare the legislative intent that law enforcement officials adopt and implement the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill contains other related provisions and other existing laws.

AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/13/2011-A. APPR. SUSPENSE FILE
Summary:
Would authorize a school district to provide instruction regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media. This bill contains other related provisions and other existing laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 4/12/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/12/2011-A. APPR.
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 existing laws.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 4/14/2011-Read second time. Ordered to consent calendar.
Location: 4/14/2011-A. CONSENT CALENDAR
Summary:
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 existing laws.

AB 420 (Davis D)   Inmates: electronic monitoring.
Status: 4/12/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/3/2011-A. PUB. S.
Summary:
Would provide that, until January 1, 2016, upon determination of the correctional administrator that conditions in a jail facility warrant the necessity of releasing inmates being held in lieu of bail, the board of supervisors of any county may authorize the correctional administrator to offer a program under which these inmates may be placed in an electronic monitoring program, as specified. The bill would provide separate authority for voluntary and involuntary electronic monitoring programs. The bill would establish criteria for inmates to be eligible for programs established pursuant to its provisions and would specify circumstances under which inmates may be placed in these programs. The bill would also provide that defendants arrested for a bailable offense who are without any other warrant and who meet certain criteria may apply, after 10 court days from the date of arraignment, for release on reduced bail if the defendant agrees to be placed in the voluntary electronic monitoring program and the court and correctional administrator determine that the defendant is eligible to participate in the electronic monitoring program. The bill would make it a misdemeanor for any inmate who is a participant in an electronic monitoring program to fail to comply with the prescribed rules and regulations. By creating a new crime, this bill would impose a state-mandated local program. The bill would specify, for persons pending disposition of charges, that electronic monitoring programs authorized pursuant to this bill include, but are not limited to, home detention programs, work furlough programs, and work release programs. The bill would make other conforming changes. This bill contains other related provisions and other existing laws.

AB 434 (Logue R)   County penalties: forensic laboratories.
Status: 4/11/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/11/2011-S. RLS.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.

AB 520 (Ammiano D)   Sentencing.
Status: 4/14/2011-In committee: Hearing postponed by committee. (Refers to 4/12/2011 hearing)
Location: 3/3/2011-A. PUB. S.
Summary:
Would additionally provide that the court may not impose an upper term based on aggravating facts unless the facts were first presented to the factfinder and the factfinder found the facts to be true. The bill would require the court to state the reasons for its sentence choice on the record at the time of sentencing, including the specific facts in aggravation, if any, the court relied upon to impose an upper term. This bill contains other related provisions.

AB 543 (Torres D)   Sex offenders: social networking prohibition.
Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/13/2011-A. APPR. SUSPENSE FILE
Summary:
Would in addition, make it a misdemeanor for any person who is granted probation or placed on parole for the conviction of a crime that requires him or her to register as a sex offender to use any Internet social networking Web site, as defined, during that period of probation or parole if the victim of the offense was under 18 years of age at the time of the offense and the Internet was used in the commission of the crime. The bill would authorize the person to seek an exception to the prohibition for legitimate professional purposes by applying through the appropriate parole or probation supervising agency. Approval would be valid for one year, unless revoked. The bill would authorize an annual application for renewal. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/13/2011-A. APPR. SUSPENSE FILE
Summary:
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 existing laws.

AB 648 (Block D)   Clemency.
Status: 4/14/2011-Read second time. Ordered to third reading.
Location: 4/14/2011-A. THIRD READING
Summary:
Would require that, at least 30 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 existing laws.

AB 757 (Blumenfield D)   Sex offenders: public information.
Status: 4/12/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 3/7/2011-A. PUB. S.
Summary:
Would provide that with respect to those persons whose application for exclusion was granted by the department pursuant to the provisions specified above, if at any time after exclusion, any law enforcement agency notifies the department that, based on facts known to the agency about the offender, the agency believes that public safety may be compromised by the continued exclusion of the offender from public posting on the Internet Web site, the department shall, 30 days after notifying the offender, make information about the offender available to the public on the Internet Web site, as specified.

AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Victim-Witness Assistance Fund.
Status: 4/13/2011-Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
Summary:
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 Victim-Witness Assistance Fund. This bill contains other related provisions.

AB 765 (Achadjian R)   Crimes: rape.
Status: 4/14/2011-Read second time. Ordered to third reading.
Location: 4/14/2011-A. THIRD READING
Summary:
Would instead provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim’s spouse or cohabitant , as provided. This bill contains other related provisions and other existing laws.

AB 799 (Swanson D)   Commercially sexually exploited minors.
Status: 4/14/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 4/14/2011-S. RLS.
Summary:
Existing law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.

AB 855 (Ma D)   County penalties: forensic laboratories.
Status: 4/12/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/22/2011-A. PUB. S.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, funds remaining in the county’s DNA Identification Fund may be used to reimburse a local sheriff, police, district attorney, or regional state crime laboratory for expenditures and administrative costs made or incurred for utilizing an authorized laboratory for the processing and analysis of forensic identification samples and testimony related to that analysis, as specified. This bill contains other related provisions.

AB 884 (Cook R)   Sexually violent offenders: notification of offender registration by law enforcement.
Status: 4/12/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/14/2011-A. PUB. S.
Summary:
Would provide, in addition, that any law enforcement entity that is notified of the registration of a sex offender who was convicted of a sexually violent offense or a sex crime against a child under 14 years of age shall, within 5 days of the offender’s registration, be required to provide, in writing, notice and information, as specified, to all persons living within 1,000 feet of the residence of the convicted sex offender and all schools and day care centers, the services of which are available to the residents of the area where the convicted sex offender resides. By requiring local law enforcement to provide specified notice regarding specified sex offenders to specified persons and entities, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 885 (Cook R)   Vehicles: driver’s licenses and identification cards: issuance and renewal: registered sex offenders.
Status: 4/11/2011-Action From TRANS.: Failed passage.
Location: 4/11/2011-A. TRANS.
Summary:
Would require the Department of Motor Vehicles to comply with certain requirements when issuing an original driver’s license or identification card, or a renewal of that driver’s license or identification card, to a person required to be registered as a sex offender, if the person was adjudicated to be a sexually violent predator or was convicted of a sex offense against a minor. The bill would require the metallic strip of the license or identification card to contain that information. In addition to any other requirement, the bill would require the applicant to provide a current photograph and address verification to the department for the original license, identification card, and each renewal. This bill contains other related provisions and other existing laws.

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 4/14/2011-Read second time. Ordered to consent calendar.
Location: 4/14/2011-A. CONSENT CALENDAR
Summary:
Would prohibit the court from releasing the statements to the public prior to being heard in court.

AB 918 (Block D)   Crimes: felonies.
Status: 4/13/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 12). Re-referred to Com. on APPR.
Location: 4/13/2011-A. APPR.
Summary:
Would add pimping, pandering, and human trafficking as offenses that may be used to establish a pattern of criminal activity for those purposes. Because this bill would amend Proposition 21 it therefore requires a 2/3 vote. This bill contains other related provisions and other existing laws.

AB 1022 (Fletcher R)   Sex offenders: registration.
Status: 4/12/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/12/2011-A. APPR.
Summary:
Would expand the provisions described above relating to community notification regarding a registered sex offender by way of an Internet Web site to include, upon request, e-mail or other electronic notification. This bill contains other related provisions and other existing laws.

AB 1087 (Brownley D)   Cities and counties: public safety services: contracts.
Status: 4/11/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 4/5/2011-A. L. GOV.
Summary:
Would commencing January 1, 2012, require a city that contracts with a county for public safety services through the county sheriff’s department to notify the county at least 6 months prior to the date the contract is to terminate , unless otherwise stipulated, of the city’s intent to terminate the contract, and would authorize the county to require the city to provide a comprehensive fiscal analysis relating to the ability of the city to provide public safety services, as specified. The bill would provide that if the city’s plan is not feasible, the contract may not be terminated until the city can provide a feasible plan.

AB 1373 (Fong D)   Pupils: healthy relationships promotion and teen dating violence prevention.
Status: 4/13/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/13/2011-A. APPR.
Summary:
Would authorize school districts to provide education programs that promote healthy relationships and prevent teen dating violence to pupils in grades 7 to 12, inclusive, through curricular, extracurricular, and school climate improvement activities. The bill would authorize school districts to work in partnership with parents , caregivers , and youth , domestic violence, sexual assault, and other appropriate community-based organizations to provide these education programs. The bill would require school districts that choose to provide education programs that promote healthy relationships and prevent teen dating violence to use research-based materials that are appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds, and for pupils with disabilities. The bill would require the Superintendent of Public Instruction to provide information about model education programs that are designed to promote healthy relationships and prevent teen dating violence on the department’s Internet Web site, as specified.

ACA 14 (Silva R)   Governor: pardons and commutations.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-A. PUB. S.
Summary:
Would further prohibit the Governor from granting a pardon or commutation during the 30-day period immediately preceding the end of his or her term of office. The measure would provide that any pardon or commutation issued in violation of these provisions is void.

ACA 15 (Mansoor R)   Governor: pardons and commutations.
Status: 4/14/2011-Referred to Com. on PUB. S.
Location: 4/14/2011-A. PUB. S.
Summary:
Would require the Governor, at least 30 days prior to granting a pardon or commutation, to provide written notice of the pardon or commutation to the agency that prosecuted the case in which the person was convicted, and to each victim of the crime or crimes for which that person was convicted. The measure would provide that any pardon or commutation issued in violation of these provisions is void.

ACR 32 (Harkey R)   Child sexual abuse awareness.
Status: 4/14/2011-Be adopted, to Consent Calendar.
Location: 4/14/2011-A. CONSENT CALENDAR
Summary:
This measure would declare April 29, 2011, as the day of the annual TAALK-a-Thon sponsored by Talk About Abuse to Liberate Kids (TAALK), and would encourage all adults in California to be knowledgeable and outspoken about the prevention of child sexual abuse.

SB 13 (Correa D)   Pupils: teen dating violence prevention.
Status: 4/8/2011-Set for hearing April 27.
Location: 1/20/2011-S. ED.
Summary:
Would authorize a school district to provide teen dating violence prevention education consisting of age-appropriate instruction, as developed by the state board pursuant to the bill, as part of the sexual health and health education program it provides to pupils in grades 7 to 12, inclusive. The bill would authorize a school district to use school district personnel or outside consultants who are trained in the appropriate courses to provide this additional instruction. The bill would specify the required content and criteria for this additional instruction and any associated materials if a school district elects to provide it. The bill would provide that a parent or guardian of a pupil has the right to excuse his or her child from all or part of the teen dating violence prevention education and any assessments related to it, and would prescribe the procedure for a parent or guardian to exercise that right. This bill contains other related provisions.

SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 4/11/2011-Placed on APPR. suspense file.
Location: 4/11/2011-S. APPR. SUSPENSE FILE
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other existing laws.

SB 54 (Runner R)   Sex offenders: residency restrictions: petition for relief.
Status: 4/12/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 4/12/2011-S. PUB. S.
Summary:
Would provide that the 2,000 feet shall be measured by the shortest practical pedestrian or vehicle path. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a substantial percentage of sex offenders are unable to comply despite good faith efforts. The bill would require that, if relief is granted, it shall be narrowly crafted in order to substantially comply with the intent of the people in approving the residency requirements. This bill contains other related provisions and other existing laws.

SB 57 (Runner R)   Sex offenders: social networking and online address notification requirement.
Status: 4/12/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 4/12/2011-S. PUB. S.
Summary:
Would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime , this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 119 (Lowenthal D)   Emergency youth shelter facilities.
Status: 4/14/2011-Set for hearing May 2.
Location: 4/12/2011-S. APPR.
Summary:
Would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified minors under 18 years of age , except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013 , as specified, which would be the only licensing standards applicable to emergency youth shelters. 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 existing laws.

SB 123 (Liu D)   California Runaway, Homeless, and Exploited Youth Act.
Status: 4/13/2011-Set for hearing May 2.
Location: 4/12/2011-S. APPR.
Summary:
Would enact the California Runaway, Homeless, and Exploited Youth Act, and would require, subject to the availability of adequate resources, the California Emergency Management Agency to develop , in collaboration with the Senate Office of Research and various interested parties, a statewide plan for runaway, homeless, and exploited youth, as specified. The bill would make related findings and declarations.

SB 139 (Alquist D)   Corrections: Inspector General.
Status: 4/14/2011-Set for hearing May 3.
Location: 2/10/2011-S. PUB. S.
Summary:
Would require the Inspector General to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature monthly regarding those searches, as specified.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 4/11/2011-Placed on APPR. suspense file.
Location: 4/11/2011-S. APPR. SUSPENSE FILE
Summary:
Provides that for any person subject to a sexually violent predator proceeding, as specified, an order issued by a judge pursuant to specified provisions, finding that the petition supports a finding of probable cause to believe that the person is likely to engage in sexually violent criminal behavior upon his or her release, shall toll the period of parole of that person, from the date that person is released until a specified court order is entered. This bill contains other related provisions and other existing laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 4/14/2011-Hearing postponed by committee. (Refers to 4/13/2011 hearing)
Location: 3/31/2011-S. HEALTH
Summary:
Would expand the definition of emergency services and care to include care, treatment, and surgery by a physician assistant in compliance with prescribed provisions. This bill would also expand the definition of consultation to authorize physician assistants to provide a consultation. This bill contains other related provisions and other existing laws.

SB 291 (Vargas D)   Bail.
Status: 4/14/2011-Set for hearing April 26.
Location: 4/12/2011-S. PUB. S.
Summary:
Would provide that after a person has been brought back to this state by extradition proceedings, the person shall be committed to a county jail with bail set in the amount of $100,000 in addition to the amount of bail appearing on the warrant. A 48-hour noticed bail hearing, excluding weekends and holidays, would be required to deviate from this prescribed bail amount. The bill would not preclude the application of other provisions of law that authorize enhancing the bail amount for felony charges appearing on the warrant.

SB 453 (Correa D)   Pupil rights: bullying: suspension and expulsion.
Status: 4/8/2011-Set for hearing April 27.
Location: 3/31/2011-S. ED.
Summary:
Would also define bullying to include acts motivated by specified actual or perceived characteristics of the victim. This bill contains other related provisions and other existing laws.

SB 480 (Vargas D)   Public social services: domestic violence.
Status: 4/12/2011-Set for hearing April 26.
Location: 3/3/2011-S. HUM. S.
Summary:
Would provide that in determining whether a county has failed to meet the federal work requirements, the number of cases subject to the federal work participation requirements is not to include specified cases granted a federally recognized good cause domestic violence waiver. This bill contains other related provisions and other existing laws.

SB 490 (Hancock D)   Corrections: Office of the Inspector General.
Status: 4/12/2011-Set for hearing May 3.
Location: 3/3/2011-S. PUB. S.
Summary:
Would remove the Inspector General and the other employees from peace officer status, and authorize the Inspector General and certain other employees to exercise the powers of arrest and serving warrants, as provided. This bill contains other related provisions and other existing laws.

SB 492 (Correa D)   Sexually violent predators: civil commitment.
Status: 4/12/2011-Withdrawn from committee. Re-referred to Com. on PUB. S.
Location: 4/12/2011-S. PUB. S.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation instead to refer to the State Department of Mental Health (DMH) for assessment any person in the custody of the CDCR, including the Division of Juvenile Facilities and persons on parole or for whom a warrant of arrest is outstanding, who has committed a sexually violent offense, as defined. The bill would also require the Director of Mental Health to identify and evaluate individuals who are in custody under the jurisdiction of the DMH and who have convictions for sexually violent offenses at least 6 months prior to their release. By increasing the responsibilities of local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 531 (Rubio D)   Search warrants: HIV testing.
Status: 4/8/2011-Set for hearing April 26.
Location: 3/24/2011-S. PUB. S.
Summary:
Would require, if a victim requests an HIV test of a defendant against whom an information or indictment has been presented for a crime in which, by force or threat of force, the defendant is alleged to have compelled the victim to engage in sexual activity, the HIV test to be administered not later than 48 hours after the date on which the information or indictment is presented. The bill would require the victim or, if the victim is a minor, his or her parents, to be notified of the testing results as soon as practicable. The bill would require followup HIV tests to be administered as may be medically appropriate. Because the bill would impose additional duties on local governmental entities, it would create a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 4/13/2011-Set for hearing May 2.
Location: 3/29/2011-S. APPR.
Summary:
Would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand a victim’s right to a medical exam paid for by a local agency, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 576 (Calderon D)   Sentencing.
Status: 4/13/2011-Set for hearing May 2.
Location: 4/5/2011-S. APPR.
Summary:
Existing 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. Existing 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. Existing 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, 2016, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

SB 601 (Hancock D)   Corrections: prisons: warden report card.
Status: 4/12/2011-Do pass as amended, and re-refer to the Committee on Appropriations
Location: 4/12/2011-S. APPR.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a warden report card containing specified information regarding each warden and the warden’ s prison, including, among other information, the number of inmates disciplined and the number of inmate appeals related to disciplinary actions, on a monthly basis and to post the warden report card once a month on the department’s Internet Web site.

SB 622 (Corbett D)   Sex offenders: registration.
Status: 4/13/2011-Set for hearing May 2.
Location: 4/7/2011-S. APPR.
Summary:
Would instead require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other existing laws.

SB 852 (Harman R)   Corrections: victim notification.
Status: 4/14/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 544.) (April 5).
Location: 4/14/2011-S. APPR.
Summary:
Would authorize providing that notice by telephone, certified mail, or electronic mail, as specified. This bill contains other related provisions and other existing laws.

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 4/14/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 618.) (April 12).
Location: 4/14/2011-S. APPR.
Summary:
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.

SCR 15 (Evans D)   Sexual Assault Awareness Month: Denim Day California.
Status: 4/13/2011-Withdrawn from committee. Ordered to third reading.
Location: 4/13/2011-S. THIRD READING
Summary:
Would resolve that the month of April be designated as Sexual Assault Awareness Month, would recognize April 27, 2011, as Denim Day California, and would encourage everyone to wear jeans on that day to help communicate the message that there is no excuse for, and never an invitation to, rape or sexual assault.

Week of April 4, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of April 4th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Visit our Legislation Agenda page to view all bills being followed at this time. Help CALCASA push our legislative agenda by signing up and Taking Action!

AB 44 (Logue R)   Inmates: release: notification.
Status: 4/7/2011-Read second time. Ordered to third reading.
Location: 4/7/2011-A. THIRD READING
Summary:
Would require that notification be sent 60 days prior to the scheduled release date of an inmate . The bill would conform the timeline for local comments to the longer notification period, as specified. This bill contains other related provisions and other existing laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 4/5/2011-Re-referred to Com. on PUB. S.
Location: 4/5/2011-A. PUB. S.
Summary:
Would additionally provide that a person who deprives or violates another person’s liberty with the intent to effect or maintain the felony of making available to another person a person under 16 years of age for the purpose of any lewd or lascivious act, or the felony of the procurement of minors in the preparation of material depicting sexual conduct by a minor, is guilty of human trafficking. This bill contains other related provisions and other existing laws.

AB 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 4/6/2011-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 4/6/2011-A. APPR. SUSPENSE FILE
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 existing laws.

AB 179 (Gorell R)   Electronic monitoring: removing or disabling: offense.
Status: 4/5/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 2/3/2011-A. PUB. S.
Summary:
Would provide that unauthorized removal, as specified, of an electronic, GPS, or other monitoring device affixed for purposes of a criminal sentence, juvenile court disposition, parole, or probation is an offense punishable by imprisonment in a county jail for one year, or a $1,000 fine, or both, if the underlying offense was a misdemeanor, or by imprisonment in the state prison for 16 months, 2 year, or 3 years if the underlying offense is a felony. This bill contains other related provisions and other existing laws.

AB 219 (Portantino D)   California Recidivism Goals Development and Achievement Act.
Status: 4/7/2011-Re-referred to Com. on PUB. S.
Location: 4/7/2011-A. PUB. S.
Summary:
Would declare the Legislature’s intent regarding the Department of Corrections and Rehabilitation’s role in reducing criminal recidivism. The bill would require the department to develop targets approved by the California Rehabilitation Oversight Board and to implement a plan based on those targets to achieve the goal of a reduction in the statewide criminal recidivism rate from 2010 of 20% by 2015 and 40% by 2020. The bill would provide that success towards meeting that goal would be reviewed as part of the annual budget process for the department’s budget. The bill would require the department to adopt regulations to require the reporting and verification of the statewide recidivism rate, as specified. This bill contains other related provisions and other existing laws.

AB 220 (Solorio D)   Gang and youth violence: prevention.
Status: 4/7/2011-Read second time. Ordered to consent calendar.
Location: 4/7/2011-A. CONSENT CALENDAR
Summary:
Would require the director, subject to statutory limits and directives, to make recommendations to streamline existing state agency gang and youth violence grant programs with a goal toward giving priority to grant programs that employ evidence-based practices. It would require the director to create a working group consisting of representatives of state offices and representatives of other specified stakeholders to assist in this effort, with the director serving as the chairperson. The bill would require the working group to advise the office on the task of streamlining grant programs that address gang and youth violence, in accordance with certain procedures. This bill contains other related provisions.

AB 257 (Galgiani D)   Inmate release: notification.
Status: 4/4/2011-Re-referred to Com. on PUB. S.
Location: 4/4/2011-A. PUB. S.
Summary:
Would require the department to develop a unified statewide electronic mail victim notification system for notifying victims who request that notification of parole hearings or release dates for their offenders be sent to them by e-mail.

AB 288 (Fong D)   Public postsecondary education: community colleges: expulsion hearing.
Status: 4/7/2011-Read second time. Ordered to consent calendar.
Location: 4/7/2011-A. CONSENT CALENDAR
Summary:
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 existing laws.

AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 4/5/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on APPR.
Location: 4/5/2011-A. APPR.
Summary:
Would authorize a school district to provide instruction regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media. This bill contains other related provisions and other existing laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 4/5/2011-In committee: Set, second hearing. Hearing canceled at the request of author.
Location: 2/24/2011-A. 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 existing laws.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 4/5/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on APPR.
Location: 4/5/2011-A. APPR.
Summary:
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 existing laws.

AB 434 (Logue R)   County penalties: forensic laboratories.
Status: 4/6/2011-Read second time. Ordered to consent calendar.
Location: 4/6/2011-A. CONSENT CALENDAR
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.

AB 454 (Silva R)   Protective orders: early termination.
Status: 4/7/2011-Referred to Com. on JUD.
Location: 4/7/2011-S. JUD.
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 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. The bill would permit the protected person to waive his or right to notice under specified circumstances.

AB 543 (Torres D)   Sex offenders: social networking prohibition.
Status: 4/4/2011-Re-referred to Com. on APPR.
Location: 4/4/2011-A. APPR.
Summary:
Would in addition, make it a misdemeanor for any person who is granted probation or placed on parole for the conviction of a crime that requires him or her to register as a sex offender to use any Internet social networking Web site, as defined, during that period of probation or parole if the victim of the offense was under 18 years of age at the time of the offense and the Internet was used in the commission of the crime. The bill would authorize the person to seek an exception to the prohibition for legitimate professional purposes by applying through the appropriate parole or probation supervising agency. Approval would be valid for one year, unless revoked. The bill would authorize an annual application for renewal. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 4/5/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on APPR.
Location: 4/5/2011-A. APPR.
Summary:
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 existing laws.

AB 593 (Ma D)   Domestic violence: battering: writ of habeas corpus.
Status: 4/4/2011-Re-referred to Com. on PUB. S.
Location: 4/4/2011-A. PUB. S.
Summary:
Existing law, operative until January 1, 2020, establishes circumstances under which a writ of habeas corpus may be prosecuted for certain violent felonies on the basis of expert testimony regarding intimate partner battering that was not received in evidence at trial and may be sufficient to undermine confidence in the conviction, as specified. This bill would delete the repeal clause for those provisions and thus extend the operation of those provisions indefinitely.

AB 625 (Ammiano D)   Sex offender registration.
Status: 4/4/2011-Re-referred to Com. on PUB. S.
Location: 4/4/2011-A. PUB. S.
Summary:
Would instead establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified.

AB 630 (Hueso D)   Pupil safety: bullying.
Status: 4/4/2011-Re-referred to Com. on ED.
Location: 4/4/2011-A. ED.
Summary:
Would express the intent of the Legislature to encourage school districts to establish programs, to be integrated either into the regular curriculum or through separate instruction during National Bullying Prevention Month, at the discretion of each school district, to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils, parents, and school staff. This bill contains other related provisions.

AB 648 (Block D)   Clemency.
Status: 4/7/2011-Re-referred to Com. on APPR.
Location: 4/7/2011-A. APPR.
Summary:
Would require that, at least 30 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 existing laws.

AB 694 (Gorell R)   Juvenile offenders.
Status: 4/5/2011-In committee: Set second hearing. Failed passage. Reconsideration granted.
Location: 4/5/2011-A. PUB. S.
Summary:
Would expand the class of persons who may be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to include a person described above if he or she was previously the subject of a petition in which it was alleged and was subsequently admitted or found to be true by the court that the ward committed a specified serious or violent offense, or a specified sex offense.

AB 755 (Galgiani D)   Sex offenders: CAL E-STOP.
Status: 4/5/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/7/2011-A. PUB. S.
Summary:
Would additionally require that the registration include a list of all Internet identifiers and service providers, as defined, used by the person. The bill would require the registrant to update this information, as specified. By increasing the scope of a crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 757 (Blumenfield D)   Sex offenders: public information.
Status: 4/5/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/7/2011-A. PUB. S.
Summary:
Would provide that with respect to those persons whose application for exclusion was granted by the department pursuant to the provisions specified above, if at any time after exclusion, any law enforcement agency notifies the department that, based on facts known to the agency about the offender, the agency believes that public safety may be compromised by the continued exclusion of the offender from public posting on the Internet Web site, the department shall, 30 days after notifying the offender, make information about the offender available to the public on the Internet Web site, as specified.

AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Victim-Witness Assistance Fund.
Status: 4/4/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 4/4/2011-A. APPR.
Summary:
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 Victim-Witness Assistance Fund. This bill contains other related provisions.

AB 765 (Achadjian R)   Crimes: rape.
Status: 4/5/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on APPR.
Location: 4/5/2011-A. APPR.
Summary:
Would instead provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim’s spouse or cohabitant , as provided. This bill contains other related provisions and other existing laws.

AB 799 (Swanson D)   Commercially sexually exploited minors.
Status: 4/6/2011-Read second time. Ordered to third reading.
Location: 4/6/2011-A. THIRD READING
Summary:
Existing law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to 2017.

AB 885 (Cook R)   Vehicles: driver’s licenses and identification cards: issuance and renewal: registered sex offenders.
Status: 4/5/2011-Re-referred to Com. on TRANS.
Location: 4/5/2011-A. TRANS.
Summary:
Would require the Department of Motor Vehicles to comply with certain requirements when issuing an original driver’s license or identification card, or a renewal of that driver’s license or identification card, to a person required to be registered as a sex offender, if the person was adjudicated to be a sexually violent predator or was convicted of a sex offense against a minor. The bill would require the metallic strip of the license or identification card to contain that information. In addition to any other requirement, the bill would require the applicant to provide a current photograph and address verification to the department for the original license, identification card, and each renewal. This bill contains other related provisions and other existing laws.

AB 1022 (Fletcher R)   Sex offenders: registration.
Status: 4/5/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/14/2011-A. PUB. S.
Summary:
Would expand the provisions described above relating to community notification regarding a registered sex offender by way of an Internet Web site to include, upon request, e-mail or other electronic notification. This bill contains other related provisions and other existing laws.

AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea.
Status: 4/4/2011-Re-referred to Com. on PUB. S.
Location: 4/4/2011-A. PUB. S.
Summary:
Would establish special maritime jurisdiction for criminal acts to extend to acts or omission on board a ship outside of the state under specified circumstances including when there is a suspect on board a ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state, when the master of the ship or an official of the flag state, as defined, commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state, when the state where the act or omission occurred requests the exercise of jurisdiction by this state, when the act or omission occurs during a voyage on which over 1/2 of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, or where the victim is a California law enforcement officer on board the ship in connection with his or her official duties. The bill would provide that an act or omission against the person or property of another that is punishable by law when committed in this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, as specified. Because this bill would expand the application of crimes to a new category of people, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 4/4/2011-Re-referred to Com. on PUB. S.
Location: 4/4/2011-A. PUB. S.
Summary:
Would provide that the probation department shall be immune from liability for good faith conduct taken under these provisions. This bill contains other existing laws.

ACR 17 (Fong D)   Campus Safety Month.
Status: 4/6/2011-Chaptered by the Secretary of State, Chapter Number 11, Statutes of 2011
Location: 4/6/2011-A. CHAPTERED
Summary:
This measure would declare March as Campus Safety Month, and would encourage citizens to visit the Internet Web site of the California Postsecondary Education Commission to view public safety information about public and private colleges and universities.

ACR 24 (Hall D)   Child Abuse Prevention Month.
Status: 4/5/2011-In Senate. To Com. on RLS.
Location: 4/5/2011-S. RLS.
Summary:
This measure would acknowledge the month of April 2011 as Child Abuse Prevention Month, and encourage the people of the State of California to work together to support youth-serving child abuse prevention activities in their communities and schools.

SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 4/1/2011-Set for hearing April 11.
Location: 3/30/2011-S. APPR.
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other existing laws.

SB 54 (Runner R)   Sex offenders: residency restrictions: petition for relief.
Status: 4/5/2011-Set for hearing April 26.
Location: 3/24/2011-S. PUB. S.
Summary:
Would provide that the 2,000 feet shall be measured by the shortest practical pedestrian or vehicle path. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a majority of sex offenders are unable to comply despite good faith efforts. The bill would require that, if relief is granted, it shall be narrowly crafted in order to substantially comply with the intent of the people in approving the residency requirements. This bill contains other related provisions and other existing laws.

SB 123 (Liu D)   California Runaway, Homeless, and Exploited Youth Act.
Status: 4/5/2011-Set for hearing April 12.
Location: 4/4/2011-S. PUB. S.
Summary:
Would enact the California Runaway, Homeless, and Exploited Youth Act, and would require, subject to the availability of adequate resources, the California Emergency Management Agency to develop , in collaboration with the Senate Office of Research and various interested parties, a statewide plan for runaway, homeless, and exploited youth, as specified. The bill would make related findings and declarations.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 4/1/2011-Set for hearing April 11.
Location: 3/22/2011-S. APPR.
Summary:
Provides that for any person subject to a sexually violent predator proceeding, as specified, an order issued by a judge pursuant to specified provisions, finding that the petition supports a finding of probable cause to believe that the person is likely to engage in sexually violent criminal behavior upon his or her release, shall toll the period of parole of that person, from the date that person is released until a specified court order is entered. This bill contains other related provisions and other existing laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 4/6/2011-Set for hearing April 13.
Location: 3/31/2011-S. HEALTH
Summary:
Would expand the definition of emergency services and care to include care, treatment, and surgery by a physician assistant in compliance with prescribed provisions. This bill would also expand the definition of consultation to authorize physician assistants to provide a consultation. This bill contains other related provisions and other existing laws.

SB 248 (Wyland R)   Forensic specimens: offenders.
Status: 4/6/2011-Returned to Secretary of Senate pursuant to Joint Rule 62(a).
Location: 4/6/2011-S. SENATE
Summary:
Would add to the list of persons required to provide forensic identifying samples, persons, including juveniles, who pled guilty, or no contest to, or were convicted of, or adjudicated for committing, certain offenses punishable as misdemeanors or felonies or both, pertaining to poisoning animals, cruelty to animals, stalking, specified species of disorderly conduct, installing a 2-way mirror in specified locations, and loitering in a public place with the intent to commit prostitution. The bill would also make nonsubstantive, technical corrections. This bill contains other related provisions and other existing laws.

SB 453 (Correa D)   Pupil rights: bullying: suspension and expulsion.
Status: 3/31/2011-Re-referred to Com. on ED.
Location: 3/31/2011-S. ED.
Summary:
Would also define bullying to include acts motivated by specified actual or perceived characteristics of the victim. This bill contains other related provisions and other existing laws.

SB 531 (Rubio D)   Search warrants: HIV testing.
Status: 4/7/2011-Set, first hearing. Further hearing to be set.
Location: 3/24/2011-S. PUB. S.
Summary:
Would require, if a victim requests an HIV test of a defendant against whom an information or indictment has been presented for a crime in which, by force or threat of force, the defendant is alleged to have compelled the victim to engage in sexual activity, the HIV test to be administered not later than 48 hours after the date on which the information or indictment is presented. The bill would require the victim or, if the victim is a minor, his or her parents, to be notified of the testing results as soon as practicable. The bill would require followup HIV tests to be administered as may be medically appropriate. Because the bill would impose additional duties on local governmental entities, it would create a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 4/7/2011-Hearing postponed by committee. (Refers to 4/6/2011 hearing)
Location: 3/29/2011-S. APPR.
Summary:
Would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand a victim’s right to a medical exam paid for by a local agency, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 576 (Calderon D)   Sentencing.
Status: 4/5/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 544.) (April 5). Re-referred to Com. on APPR.
Location: 4/5/2011-S. APPR.
Summary:
Existing 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. Existing 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. Existing 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, 2016, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

SB 601 (Hancock D)   Corrections: prisons: warden report card.
Status: 4/7/2011-Set for hearing April 12.
Location: 3/31/2011-S. PUB. S.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a warden report card containing specified information regarding each warden and the warden’ s prison, including, among other information, the number of inmates disciplined and the number of inmate appeals related to disciplinary actions, on a monthly basis and to post the warden report card once a month on the department’s Internet Web site.

SB 622 (Corbett D)   Sex offenders: registration.
Status: 4/7/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 4/7/2011-S. APPR.
Summary:
Would instead require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other existing laws.

SB 756 (Price D)   Sex offender registration.
Status: 4/7/2011-Re-referred to Com. on PUB. S.
Location: 4/7/2011-S. PUB. S.
Summary:
Would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person’s arrest and shall have authority to prosecute that person as specified. This bill contains other related provisions and other existing laws.

SB 852 (Harman R)   Corrections: victim notification.
Status: 4/5/2011-Do pass as amended, and re-refer to the Committee on Appropriations
Location: 4/5/2011-S. APPR.
Summary:
Would authorize providing that notice by telephone, certified mail, or electronic mail, as specified. This bill contains other related provisions and other existing laws.

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 4/7/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on G.O.
Location: 4/7/2011-S. G.O.
Summary:
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.

Secretary Matthew Cate

Last Wednesday, Secretary Matthew Cate of the California Department of Corrections and Rehabilitation went on the air to explain the upcoming and unprecedented reforms to realign much of public safety responsibilities from the state down to the local governments.

This process is laid out in Assembly Bill 109 that was signed into law yesterday by Governor Jerry Brown. Below is a list of some changes highlighted in Governor Brown’s press release:

• No inmates currently in state prison will be released early.
• All felons sent to state prison will continue to serve their entire sentence.
• All felons who are convicted of a serious or violent offense—including sex offenders and child molesters—will go to state prison.
• Felons who are not eligible for state prison can serve their sentence at the local level.

Listen to the Secretary’s interview on KQED’s Forum to hear what changes may be coming to your community and what the current state of corrections is in California.

Some of the changes not mentioned in the Governor’s press release include parole revocation hearings are now under the jurisdiction of county courts, much of adult parole’s responsibilities will be transferred to county probation offices, and many offenders currently sitting in county jails will be released to make room for those who would had previously been considered state level offenders.

CALCASA has partnered with other state coalitions to pressure the Brown administration and the California State Association of Counties to include local rape crisis centers in any public safety planning meetings taking place throughout the state. The on-the-ground experience and expertise of victim advocates can be beneficial to local planning if advocates’ voices are included in the process.

Have you reached out to your Board of Supervisors and Sheriff’s Departments to be included in the realignment process? Let us know your thoughts and experiences.

Week of March 28, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of March 28th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Visit our Legislation Agenda page to view all bills being followed at this time. Help CALCASA push our legislative agenda by signing up and Taking Action!

AB 13 (Knight R)   Public school volunteers.
Status: 3/30/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/25/2011-A. 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 agen cy 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 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 . This bill contains other existing laws.

AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 3/31/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 3/31/2011-S. RLS.
Summary:
Would additionally require the court to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with a separate federal offense. The bill would make other conforming changes.

AB 219 (Portantino D)   California Recidivism Goals Development and Achievement Act.
Status: 3/31/2011-In committee: Hearing postponed by committee. (Refers to 3/22/2011 hearing)
Location: 2/10/2011-A. PUB. S.
Summary:
Would declare the Legislature’s intent regarding the Department of Corrections and Rehabilitation’s role in reducing criminal recidivism. The bill would require the department achieve a reduction in the statewide criminal recidivism rate from 2010 of 20% by 2015 and 40% by 2020. The bill would require the department to adopt regulations to require the reporting and verification of the statewide recidivism rate, as specified.

AB 257 (Galgiani D)   Inmate release: notification.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would require the department to develop a unified statewide electronic mail victim notification system for notifying victims who request that notification of parole hearings or release dates for their offenders be sent to them by e-mail.

AB 295 (Lowenthal, Bonnie D)   California Case Management System.
Status: 3/29/2011-Re-referred to Com. on JUD.
Location: 3/29/2011-A. JUD.
Summary:
Would require the Judicial Council to provide that annual status report on or before December 1 of each year until project completion and full implementation. The report additionally would be required to include all costs of the trial courts in support of these projects, total estimated costs to complete these projects, a general description of the nature of costs that justice partners, as defined, will incur from making changes as necessary to access the California Case Management System, and an explanation for deviation from any recommendation of the California Technology Agency pursuant to the provisions described below. The bill would require the Administrative Office of the Courts, on or before December 1 of each year until project completion and full implementation, to annually provide to those chairpersons an independent project oversight report for the California Case Management System. This bill contains other related provisions and other existing laws.

AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 3/31/2011-Re-referred to Com. on PUB. S.
Location: 3/31/2011-A. PUB. S.
Summary:
Would authorize a school district to provide instruction regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media. This bill contains other related provisions and other existing laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 3/15/2011-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 2/24/2011-A. 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 existing laws.

AB 434 (Logue R)   County penalties: forensic laboratories.
Status: 3/30/2011-Re-referred to Com. on PUB. S.
Location: 3/30/2011-A. PUB. S.
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.

AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 3/29/2011-Re-referred to Com. on PUB. S.
Location: 3/29/2011-A. 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 543 (Torres D)   Sex offenders: social networking prohibition.
Status: 3/31/2011-Read second time and amended.
Location: 3/30/2011-A. SECOND READING
Summary:
Would in addition, make it a misdemeanor for any person who is granted probation or placed on parole for the conviction of a crime that requires him or her to register as a sex offender to use any Internet social networking Web site, as defined, during that period of probation or parole if the victim of the offense was under 18 years of age at the time of the offense and the Internet was used in the commission of the crime. The bill would authorize the person to seek an exception to the prohibition for legitimate professional purposes by applying through the appropriate parole or probation supervising agency. Approval would be valid for one year, unless revoked. The bill would authorize an annual application for renewal. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 3/31/2011-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 3/31/2011-S. RLS.
Summary:
Would also make nonsubstantive, technical corrections.

AB 593 (Ma D)   Domestic violence: battering: writ of habeas corpus.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Existing law, operative until January 1, 2020, establishes circumstances under which a writ of habeas corpus may be prosecuted for certain violent felonies on the basis of expert testimony regarding intimate partner battering that was not received in evidence at trial and may be sufficient to undermine confidence in the conviction, as specified. This bill would delete the repeal clause for those provisions and thus extend the operation of those provisions indefinitely.

AB 625 (Ammiano D)   Sex offender registration.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would instead establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified.

AB 630 (Hueso D)   Pupil safety: bullying.
Status: 3/31/2011-Referred to Com. on ED. From committee chair, with author’s amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
Location: 3/31/2011-A. ED.
Summary:
Would express the intent of the Legislature to encourage school districts to establish programs, to be integrated either into the regular curriculum or through separate instruction during National Bullying Prevention Month, at the discretion of each school district, to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils, parents, and school staff. This bill contains other related provisions.

AB 918 (Block D)   Crimes: felonies.
Status: 3/29/2011-Re-referred to Com. on PUB. S.
Location: 3/29/2011-A. PUB. S.
Summary:
Would add pimping, pandering, and human trafficking as offenses that may be used to establish a pattern of criminal activity for those purposes. Because this bill would amend Proposition 21 it therefore requires a 2/3 vote. This bill contains other related provisions and other existing laws.

AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea.
Status: 3/31/2011-Referred to Com. on PUB. S. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would establish special maritime jurisdiction for criminal acts to extend to acts or omission on board a ship outside of the state under specified circumstances including when there is a suspect on board a ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state, when the master of the ship or an official of the flag state, as defined, commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state, when the state where the act or omission occurred requests the exercise of jurisdiction by this state, when the act or omission occurs during a voyage on which over 1/2 of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, or where the victim is a California law enforcement officer on board the ship in connection with his or her official duties. The bill would provide that an act or omission against the person or property of another that is punishable by law when committed in this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, as specified. Because this bill would expand the application of crimes to a new category of people, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 3/31/2011-Referred to Coms. on PUB. S. and JUD. From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Location: 3/31/2011-A. PUB. S.
Summary:
Would provide that the probation department shall be immune from liability for good faith conduct taken under these provisions. This bill contains other existing laws.

AB 1373 (Fong D)   Pupils: healthy relationships promotion and teen dating violence prevention.
Status: 3/31/2011-Re-referred to Com. on ED.
Location: 3/31/2011-A. ED.
Summary:
Would authorize school districts to provide education programs that promote healthy relationships and prevent teen dating violence to pupils in grades 7 to 12, inclusive, through curricular, extracurricular, and school climate improvement activities. The bill would authorize school districts to work in partnership with parents , caregivers , and youth , domestic violence, sexual assault, and other appropriate community-based organizations to provide these education programs. The bill would require school districts that choose to provide education programs that promote healthy relationships and prevent teen dating violence to use research-based materials that are appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds, and for pupils with disabilities. The bill would require the Superintendent of Public Instruction to provide information about model education programs that are designed to promote healthy relationships and prevent teen dating violence on the department’s Internet Web site, as specified.

ACR 17 (Fong D)   Campus Safety Month.
Status: 3/31/2011-Withdrawn from committee. Ordered to third reading.
Location: 3/31/2011-S. THIRD READING
Summary:
This measure would declare March as Campus Safety Month, and would encourage citizens to visit the Internet Web site of the California Postsecondary Education Commission to view public safety information about public and private colleges and universities.

ACR 24 (Hall D)   Child Abuse Prevention Month.
Status: 3/31/2011-From committee: Be adopted. Ordered to third reading. (Ayes 9. Noes 0.) (March 31).
Location: 3/31/2011-A. THIRD READING
Summary:
This measure would acknowledge the month of April 2011 as Child Abuse Prevention Month, and encourage the people of the State of California to work together to support youth-serving child abuse prevention activities in their communities and schools.

SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 3/30/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 3/30/2011-S. APPR.
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other existing laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 3/31/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Location: 3/31/2011-S. HEALTH
Summary:
Would expand the definition of emergency services and care to include care, treatment, and surgery by a physician assistant in compliance with prescribed provisions. This bill would also expand the definition of consultation to authorize physician assistants to provide a consultation. This bill contains other related provisions and other existing laws.

SB 248 (Wyland R)   Forensic specimens: offenders.
Status: 3/29/2011-Action From PUB. S.: Reconsideration granted.
Location: 3/29/2011-S. PUB. S.
Summary:
Would add to the list of persons required to provide forensic identifying samples, persons, including juveniles, who pled guilty, or no contest to, or were convicted of, or adjudicated for committing, certain offenses punishable as misdemeanors or felonies or both, pertaining to poisoning animals, cruelty to animals, stalking, specified species of disorderly conduct, installing a 2-way mirror in specified locations, and loitering in a public place with the intent to commit prostitution. The bill would also make nonsubstantive, technical corrections. This bill contains other related provisions and other existing laws.

SB 271 (Wyland R)   Evidence: rape kits: expedited processing.
Status: 3/31/2011-Re-referred to Com. on PUB. S.
Location: 3/31/2011-S. PUB. S.
Summary:
Would specifically provide that a county’s remaining share of funds attributable to the increase in penalties as required by the act may be used by a local sheriff, police department, district attorney, or other law enforcement agency for expenditures and administrative costs made or incurred for utilizing a laboratory, other than the Department of Justice Laboratory, as specified, to expedite the analysis and processing of rape kits and uploading rape kit information to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. This bill contains other related provisions and other existing laws.

SB 453 (Correa D)   Pupil rights: bullying: suspension and expulsion.
Status: 3/31/2011-Re-referred to Com. on ED.
Location: 3/31/2011-S. ED.
Summary:
Would also define bullying to include acts motivated by specified actual or perceived characteristics of the victim. This bill contains other related provisions and other existing laws.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 3/29/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on APPR.
Location: 3/29/2011-S. APPR.
Summary:
Would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand a victim’s right to a medical exam paid for by a local agency, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 576 (Calderon D)   Sentencing.
Status: 3/29/2011-Set for hearing April 5.
Location: 3/3/2011-S. PUB. S.
Summary:
Existing 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. Existing 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. E