Today, George Huguely V was found guilty of second-degree murder for killing his former girlfriend Yeardly Love in 2010. Victim advocates believe that this verdict will support other sexual assault and domestic violence survivors in coming forward and reporting the crimes perpetrated against them.

“Anytime offenders are clearly and seriously held accountable, that sends a very strong message to the community and to victims that these are crimes our nation takes seriously,” said Terri Poore, policy chair of the National Alliance to End Sexual Violence, a Washington advocacy group. “It will have a chilling effect on offenders and we think more victims will come forward.” Quoted in Business Week.

This case also brought the importance of bystander intervention to light. After Love’s death, peers and teammates stated that they had known that Huguely had problems with alcohol and violence but they never told a coach, a teacher, or a counselor to intervene. They didn’t him that they were concerned about his behavior or tell her that they were worried for her safety. There is a lot that we can do as bystanders, and we encourage everyone to learn more about curricula and programs that are available to support healthy and safe bystander behavior.

To learn more about the impact of this verdict and the case, you can visit Business Week’s article “UVA Murder Verdict Will Embolden Crime Victims to Come Forward”, The New York Times article “Former u.Va. Lacrosse Player Faces 26 years”, or the Huffington Post’s coverage and timeline.

PETA, you missed the mark — big time. Shock for the sake of attention isn’t a great strategy. If you have to explain why it’s funny, then it’s not.

The female character in the ad does not look as if she’s enjoying herself. The video captures pain and injury linked to sex — something that should be an enthusiastically consensual act. Lisa Lange, a senior vice president for PETA, told Yahoo News that the clip is meant to be humorous.

“The piece is tongue-in-cheek,” she said. “People who watch the ad all the way through see the woman has a mischievous smile. She’s happy to go back with him. It’s playful.”

I get it, you want viewers to associate vegetables with hot sex, but do you think that women are happy when sex ends in a neck brace? Try again.

I’m a carnivore who has not eaten meat for nearly one month as I was considering the switch. After watching this, I want to eat a huge steak — just to spite, you,  PETA, which means this ad created one more meat eater in the world. Bravo.

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

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.

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.

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.

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.

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. 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: 3/31/2011-Re-referred to Com. on PUB. S.
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: 3/29/2011-Do pass as amended, and re-refer to the Committee on Appropriations
Location: 3/29/2011-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: 3/31/2011-Set for hearing April 5.
Location: 3/10/2011-S. PUB. S.
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.

Arte Sana, is a non-profit organization that provides training resources, community education and support for survivors of sexual and domestic violence in Latin@ communities through cyber activism.  Using arts to promote healing and empowerment for survivors, Arte Sana states that:

By providing services to improve the quality of life of survivors of gender violence and racism, we strive to prevent violence in our communities. Arte Sana believes in the intrinsic healing power of art and culture. We believe that violence risk reduction programs and services must be culturally competent and linguistically appropriate. Arte Sana is committed to the value of indigenous leadership and collaboration sin fronteras (without borders).

Arte Sana’s bilingual website offers resources in Spanish and English for advocates working in Latin@ communities and survivors. Arte Sana strives to provide bilingual resources that are culturally and linguistically appropriate services to Latin@ communities but also celebrates and honors our cultures, traditions and language.

2011 marks the 10th anniversary for Arte Sana and their work in Latin@ communities. We take this time to honor the work of Arte Sana and Executive Director, Laura Zapata, and thier committment to:

proactively promote the link between art and healing with the intent of focusing on predominately underserved populations. By providing services to improve the quality of life of survivors of gender and racial-based violence, Arte Sana hoped to not only heal current wounds, but prevent new ones as well.

To learn more about Arte Sana’s history, you can access their Timeline: Lucha, Logros y Solidaridad (Struggle, accomplishments and sloidarity) here.

You can learn more about Arte Sana and the resources they offer here.

Colorlines.com

It’s difficult not to have at least an idea of the harsh anti-immigrant  sentiment throughout the Nation these last couple of years.  With the passage of SB 1070 in Arizona back in April 2010, which fundamentally allows AZ police to detain anyone they “suspect” is undocumented and arrest those who cannot “prove” they are documented residents of the United States.  And in Mississippi, where a similar law was passed in January 2011, SB 2179, which makes it a crime in Mississippi to be caught without immigration papers and allow police to arrest, ‘“without warrant,” a person “reasonably believed” to be in the country without papers.’

Unfortunately, that is not the last of the anti-immigration bills that are being proposed and passed in the United States. Arizona has gone on to introduce yet another bill, SB 1611, which, if passed, would (to name a few):

• Revoke citizenship for U.S.-born children of undocumented immigrants
• Deny kids K-12 education if their moms and dads can’t produce a U.S. birth certificate or naturalization papers
• Force hospital workers to confirm immigration status before they provide non-emergency care—including prenatal cars
• Force state social service workers to deny—and, and in some cases, report—undocumented immigrant women seeking WIC and shelter from domestic violence.

For women, particularly undocumented survivors of sexual assault (SA) and domestic violence (DV), anti-immigrant laws such as those in AZ and MS, the impact can be devastating.  Colorlines.com recently interviewed Elizabeth Barajas-Roman, director of the National Latina Institute for Reproductive Health, about how this bill will affect undocumented Latina women, particularly their access to health care, and by extension, access to SA and DV services. Elizabeth points out that:

• “It is widely known that anti-immigration laws create a culture of fear in Latino communities. SB 1611 creates a whole new set of barriers to education. Educational attainment is one way that Latinas can have access to information, resources and services that will help them make informed and autonomous decisions about their health care.”
• “[Undocumented] female immigrants are already forced to work in industries that are undervalued, underpaid and hazardous to their health.They often lack basic worker protections and health and unemployment benefits. SB 1611 would force them into the shadows even more.”
• “We know that many immigrants don’t access the health care they are eligible for because [they fear anti-immigrant sentiment]; they’re confused over eligibility rules, the face language barriers, and they fear of losing a day’s wages. SB 1611 could make things worse.”
• “Mental health issues also come into play. Constant experiences with racism and intolerance can cause stress and trigger depression.”

With the looming fear of deportation, many undocumented survivors are not accessing services from Sexual Assault and Domestic Violence agencies as it is, and bills such as these will push undocumented survivors deeper into obscurity. Because even if bills such as these may not currently exist in CA, the threat is real for undocumented survivors.

What other ways do you believe anti-immigration laws such as those in AZ and MS will affect undocumented survivors of sexual assault and domestic violence, and their access to your agencies?

Week of February 21, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of February 14th. 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 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 2/24/2011-Referred to Coms. on JUD. and PUB. S.
Location: 2/24/2011-A. JUD.

AB 312 (Lowenthal, Bonnie D)   Civil rights: homeless persons.
Status: 2/24/2011-Referred to Com. on JUD.
Location: 2/24/2011-A. JUD.

AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-A. PUB. S.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-A. PUB. S.

AB 355 (Solorio D)   Parole: day treatment: crisis care.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-A. PUB. S.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-A. PUB. S.

AB 388 (Hernández, Roger D)   Criminal procedure: search warrants: tracking devices.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-A. PUB. S.

AB 918 (Block D)   Crimes: felonies.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT

AB 1022 (Fletcher R)   Sex offenders: registration.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT

AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea: reporting.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT

AB 1087 (Brownley D)   Cities and counties: public safety services: contracts.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT

AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT

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

AB 1373 (Fong D)   Pupils: teen dating violence prevention.
Status: 2/20/2011-From printer. May be heard in committee March 22.
Location: 2/18/2011-A. PRINT

ACR 6 (Donnelly R)   Human trafficking.
Status: 2/23/2011-Withdrawn from committee. Ordered to third reading.
Location: 2/23/2011-S. THIRD READING

ACR 17 (Fong D)   Campus Safety Month.
Status: 2/24/2011-Referred to Com. on RLS.
Location: 2/24/2011-A. RLS.

SB 248 (Wyland R)   Forensic specimens: offenders.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-S. PUB. S.

SB 271 (Wyland R)   Evidence: rape kit.
Status: 2/24/2011-Referred to Com. on RLS.
Location: 2/24/2011-S. RLS.

SB 291 (Vargas D)   Bail.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-S. PUB. S.

SB 296 (Wright D)   Criminal street gangs: injunction: petition for exemption.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-S. PUB. S.

SB 329 (Correa D)   County penalties: forensic laboratories.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-S. PUB. S.

SB 428 (Strickland R)   Public safety omnibus bill.
Status: 2/24/2011-Referred to Com. on PUB. S.
Location: 2/24/2011-S. PUB. S.

SB 453 (Correa D)   Pupil rights: bullying.
Status: 2/24/2011-Referred to Com. on RLS.
Location: 2/24/2011-S. RLS.

SB 622 (Corbett D)   Sex offenders: registration.
Status: 2/20/2011-From printer. May be acted upon on or after March 22.
Location: 2/18/2011-S. PRINT

SB 756 (Price D)   Sex offender registration.
Status: 2/20/2011-From printer. May be acted upon on or after March 22.
Location: 2/18/2011-S. PRINT

SB 852 (Harman R)   Corrections: victim notification.
Status: 2/20/2011-From printer. May be acted upon on or after March 22.
Location: 2/18/2011-S. PRINT

SB 856 (Walters R)   Parole: domestic violence: sexual abuse: victim’s rights.
Status: 2/19/2011-From printer. May be acted upon on or after March 21.
Location: 2/18/2011-S. PRINT

SB 916 (Negrete McLeod D)   Sex offenses: sexting.
Status: 2/20/2011-From printer. May be acted upon on or after March 22.
Location: 2/18/2011-S. PRINT

SCR 16 (Evans D)   Women’s history.
Status: 2/22/2011-Introduced. Referred to Com. on RLS.
Location: 2/22/2011-S. RLS.

Week of February 7, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking. 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!

Assembly

AB 142 (Fuentes D)   Criminal procedure: pleas.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.

AB 175 (Donnelly R)   Inmates: transfers.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.

AB 177 (Mendoza D)   Juveniles: parenting classes.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.

AB 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.

AB 179 (Gorell R)   Electronic monitoring: removing or disabling: offense.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.

AB 216 (Swanson D)   Community colleges: inmate education programs: computation of apportionments.
Status: 2/10/2011-Referred to Com. on HIGHER ED.
Location: 2/10/2011-A. HIGHER ED.

AB 219 (Portantino D)   California Recidivism Goals Development and Achievement Act.
Status: 2/10/2011-Referred to Com. on PUB. S.
Location: 2/10/2011-A. PUB. S.

AB 235 (Halderman R)   Public records: clemency records.
Status: 2/4/2011-From printer. May be heard in committee March 6.
Location: 2/3/2011-A. PRINT

AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 2/4/2011-From printer. May be heard in committee March 6.
Location: 2/3/2011-A. PRINT

AB 257 (Galgiani D)   Inmate release: notification.
Status: 2/4/2011-From printer. May be heard in committee March 6.
Location: 2/3/2011-A. PRINT

AB 259 (Smyth R)   County public defender.
Status: 2/8/2011-From printer. May be heard in committee March 10.
Location: 2/7/2011-A. PRINT

AB 269 (Ma D)   Pupil health and safety.
Status: 2/8/2011-From printer. May be heard in committee March 10.
Location: 2/7/2011-A. PRINT

AB 295 (Lowenthal, Bonnie D)   California Case Management System.
Status: 2/10/2011-From printer. May be heard in committee March 12.
Location: 2/9/2011-A. PRINT

AB 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 2/10/2011-From printer. May be heard in committee March 12.
Location: 2/9/2011-A. PRINT

AB 312 (Lowenthal, Bonnie D)   Civil rights: homeless persons.
Status: 2/10/2011-From printer. May be heard in committee March 12.
Location: 2/9/2011-A. PRINT

AB 321 (Hernández, Roger D)   Juvenile offenders: obscene material.
Status: 2/10/2011-From printer. May be heard in committee March 12.
Location: 2/9/2011-A. PRINT

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 2/10/2011-From printer. May be heard in committee March 12.
Location: 2/9/2011-A. PRINT

AB 355 (Solorio D)   Parole: day treatment: crisis care.
Status: 2/10/2011-Read first time. To print.
Location: 2/10/2011-A. PRINT

ACR 17 (Fong D)   Campus Safety Month.
Status: 2/9/2011-From printer.
Location: 2/8/2011-A. PRINT

AJR 1 (Donnelly R)   Undocumented criminals.
Status: 2/10/2011-Referred to Coms. on PUB. S. and APPR.
Location: 2/10/2011-A. PUB. S.

Senate

SB 26 (Padilla D)   Prisons:wireless communication devices.
Last Amended: 2/1/2011
Status: 2/10/2011-Re-referred to Com. on PUB. S.
Location: 2/10/2011-S. PUB. S.

SB 119 (Lowenthal D)   Emergency youth shelter facilities.
Status: 2/10/2011-Referred to Com. on HUMAN S.
Location: 2/10/2011-S. HUM. S.

SB 123 (Liu D)   California Runaway, Homeless, and Exploited Youth Act.
Status: 2/10/2011-Referred to Com. on PUB. S.
Location: 2/10/2011-S. PUB. S.

SB 139 (Alquist D)   Corrections: Inspector General.
Status: 2/10/2011-Referred to Com. on PUB. S.
Location: 2/10/2011-S. PUB. S.

SB 143 (Rubio D)   Health research: women and minority groups.
Status: 2/10/2011-Referred to Com. on RLS.
Location: 2/10/2011-S. RLS.

SB 151 (Correa D)   State employees: memorandum of understanding.
Status: 2/10/2011-Referred to Com. on P.E. & R.
Location: 2/10/2011-S. P.E. & R.

SB 154 (Wolk D)   Marriage licenses: vital records: fees: domestic violence: Solano County.
Status: 2/10/2011-Referred to Com. on JUD.
Location: 2/10/2011-S. JUD.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 2/8/2011-From printer. May be acted upon on or after March 10.
Location: 2/7/2011-S. PRINT

SB 182 (Corbett D)   Judiciary: demographic data.
Status: 2/8/2011-From printer. May be acted upon on or after March 10.
Location: 2/7/2011-S. PRINT

SB 208 (Alquist D)   Identity theft: restitution.
Status: 2/9/2011-From printer. May be acted upon on or after March 11.
Location: 2/8/2011-S. PRINT

SB 233 (Pavley D)   Emergency services and care.
Status: 2/10/2011-From printer. May be acted upon on or after March 12.
Location: 2/9/2011-S. PRINT

SB 242 (Corbett D)   Social networking Internet Web sites: privacy: minors.
Status: 2/10/2011-From printer. May be acted upon on or after March 12.
Location: 2/9/2011-S. PRINT

SB 248 (Wyland R)   Forensic specimens: offenders.
Status: 2/10/2011-Introduced. Read first time. To Com. on RLS. for assignment. To print.
Location: 2/10/2011-S. PRINT

CALCASA’s Executive Director Sandra Henriquez has been appointed to the Sex Offender Management Board. The announcement was made in a late afternoon press release from the Office of Governor Arnold Schwarzenegger. The release listed 39 appointments to various commissions and boards.

The mission of Sex Offender Management Board is to decrease sexual victimization and increase community safety by addressing issues, concerns and problems related to community management of adult sex offenders by identifying and developing recommendations to improve policies and practices.

In addition to Sandra’s appointment, the Governor appointed Elizabeth Hassett, Executive Director of WEAVE, and John Welter, Chief of Police of the City of Anaheim, to the Domestic Violence Advisory Council.

Governor-Elect Jerry Brown will be sworn in on January 3.

Family Violence Prevention Fund

Did you know:

• That girls who experienced physical dating violence were 2.8 times more likely to fear the perceived consequences of negotiating condom use than non-abused girls?
• More than one-third (38.8%) of adolescent girls tested for STI/HIV have experience dating violence.
• For adolescent youth, 80%-85% of all pregnancies are unintended.

Identified as reproductive coercion, many young women experiencing intimate partner violence (IPV) are also experiencing issues with birth control sabotage, pregnancy coercion and sexual coercion. As defined in an earlier post, “Understanding the intersections of reproductive justice and violence against women,” reproductive justice refers to the power to make healthy and informed decisions about our bodies, sexuality and reproduction.

In a briefing held this week at the California Capitol, presented by the Family Violence Prevention Fund and The California Endowment, and sponsored by the Legislative Women’s Caucus and the California Latino Legislative Caucus, Dr. Elizabeth Miller, M.D., Ph.D., of UC Davis made the connection between intimate partner violence and family planning, birth control sabotage, pregnancy pressure, and unintended pregnancies as well as the importance of addressing these issues in health care settings. As noted in the statistics above, young women are faced with many of the underlying layers related to intimate partner violence, layers that they can’t generally identify but do experience. Adolescents are also much more likely to access health care and family planning services before accessing services from a domestic violence or sexual assault agency, so providing health care and family planning centers with the resources to address the issues related to reproductive coercion and its connection to IPV, including sexual violence, is important.

Dr. Miller identified three intervention methods that health care providers may begin to practice:

1. Ask the questions. You can use resources like the FVPF’s Reproductive Health Safety Cards to help ask the questions.
2. Provide options for birth control such as emergency contraception and other safe forms of birth control.
3. Connect with the local domestic violence and sexual assault agencies.

Other organizations such as the Latino Coalition for a Healthy California, Vision y Compromiso, and California Latinas for Reproductive Justice also shared how their agencies are working to increase awareness and help link resources for adolescent youth experiencing reproductive coercion and IPV.

For more information about the FVPF’s program and to access resources related to reproductive justice, you can visit the kNOw More project’s site here.

Below are additional resources related to Reproductive Health and IPV:

Policy Brief: Violence Prevention-Rethinking The Standard of Care for Family Panning

Dr. Miller’s: “Making the Connection”

Fact Sheet on Reproductive Health and IPV

State Assembly Report on Unintended Pregnancy

TIME Article: Study on Forced Pregnancy-Help for Women who Face Threat

Sin By Silence screening at Pacific Lutheran University

I’m floored by the sheer courage and strength of survivors when I hear their journey identifying root causes of oppression and healing.  Sin By Silence, a film about the first inmate initiated domestic violence group in the history of U.S. prisons, screened to an audience of PLU students, staff and Tacoma community members the evening before the start of the Paving a Rocky Road: Removing Barriers to Men’s Engagement conference, hosted by Pacific Lutheran University (PLU) Men Against Violence in Tacoma, Washington.

Sin By Silence looks at the legal system’s response to domestic violence through the voices of women survivors, their children, psychologists and law enforcement.  One of the women featured in the documentary graciously attended last night’s screening to speak about her journey as well as field questions about the filmmaking process, advocacy, and identifying signs of an unhealthy relationship.

While watching the film and hearing the survivor address the mostly college student audience, I reflected on the significance and relevance in contextualizing identities and histories in order to heal and support each other.  Women that are incarcerated experience a level of oppression that requires our full attention as much as the violence happening outside of prisons.  The experience is further compounded when the individual is of color, an immigrant, poor, elderly or has a disability, to name a few identities that prisons, like many institutions in the United States, fail to adequately address needs and services.

The documentary not only raises questions surrounding violence, gender norms, law enforcement, political environments, public/mental health, but also highlights a community-driven solution toward healing. Invigorated by the women’s strength in the awakening of their response to violence, I am eager to engage in dialogues for the next few days that will consider the intersectionality of oppression, identities and agency in the movement against gender violence.

PreventConnect.org

In March of 2010, the California Partnership to End Domestic Violence (CPEDV) held a Legislative Action Day, “Standing Together for Safety” in Sacramento, California, to unite the voices of California’s domestic violence agencies and call for the preservation of domestic violence funding in the state.

This is a recording of a panel presentation on advancing teen dating violence (TDV) prevention in California through state and local policy change. The objectives of the panel were to: 1) convene a network of local and state organizations interested in advancing TDV prevention in California through state and local policy change; and
2) share information about the national and state context for addressing TDV and emerging opportunities for TDV prevention through state and local policy change.

Panelists included: Eric Anderson, Break the Cycle; Nancy Bagnato, California Department of Public Health; Tatiana Colón, Family Violence Law Center; Mikel Crumble, Peace Over Violence; Debbie Lee, Family Violence Prevention Fund; and Abby Sims, Peace Over Violence.

[podcast]http://www.preventconnect.org/podcasts/A17-CPEDV_Policy_Panel.mp3[/podcast]

The California Safe at Home Program continues to expand and service more victims each year, according to the quarterly newsletter distributed by the Secretary of State Debra Bowen’s office, who is responsible for administering the confidential address program.

“Since 1999, Safe at Home has helped shield the home addresses of more than 5,000 survivors of domestic violence, stalking and sexual assault, as well as reproductive health care doctors, nurses, volunteers and patients. Now 35 states have confidential address programs, many of which were modeled after California’s program,” stated the newsletter.

The state’s program and Safe at Home participants also received a policy boost from the U.S. Department of Treasury that issued a November 2009 ruling “allowing national banks and credit unions to accept the contact address of a state’s confidential address program rather than a residence address” as previous mandated before the federal clarification.  This new ruling gives victims further confidentiality and protection.

Even as California continues to suffer from record deficits and slow economic recovery, this essential victim’s service continues to train and conduct outreach through low-cost communication alternatives such as Internet webinars and telephone training. “Safe at Home staff have completed phone training for 15 new enrolling agencies and provided refresher trainings to another 17 agencies.”

The newsletter also includes an update on Senate Bill 1233 by Senator Jenny Oropeza (D-Long Beach), that would remove the Jan. 1, 2013 program sunset and make the Safe at Home program a permanent addition to the state’s victims’ service apparatus.  The Secretary of State urges you to “phone, email or write your Assemblymember and Governor Arnold Schwarzenegger, and emphasize why you support a permanent confidential address program in our state.”

To find your Assemblymember, access the Assembly’s “Find My District” tool.

You can also contact the Governor’s office at his Contact page.

Let us know how the Safe at Home program has served victims and survivors in your community.

Lesbian relationships, like those that do not appear to adhere to the white heterosexual middle-class norms, have been misrepresented by the mainstream in the United States for decades.  Similarly, sexual violence has also been grossly misrepresented by the media.  Violence within lesbian communities more so.

The U.S. mainstream media features stories about lesbian/gay/bisexual/transgender/queer (LGBTQ) communities through such mediums as:

(1) characters on scripted and reality shows;

(2) marriage for same-sex couples has become a rallying cry for mainstream LGBTQ organizations (which is not indicative nor reflective of the diversity of behaviors and opinions around state regulation of queer relationships) and;

(3) legislative efforts suggest the United States provides legal protections for individuals that self-identify as or are perceived to be LGBTQ when targeted in acts of violence

An article in The Washington Post describing an abusive relationship in the political circle of Washington, D.C. reminds us of the tremendous work we have in dismantling stereotypes and re/constructing narratives.  Judge Russell F. Canan sentenced Taylar Nuevelle, 41, to the maximum sentence under the court’s guidelines of 5 1/2 years for domestic violence of a her former partner, Judge Janet Albert.  In February 2010, a jury found Nuevelle guilty of stalking Judge Albert.

Merely having media representation of queer individuals and/or relationships mirrors what Sarah Schulman in Ties That Bind: Familial Homophobia and Its Consequences refers to as “falsely cod[ing] that work as progressive.  But, if the actual meaning and content of the specific representation is examined, many of these representations are retrograde” (2009).

What does the media articulate as suitable for public consumption?  The article lacks context surrounding domestic violence and stalking in lesbian relationships.  Such a gap further reinforces the second-class treatment the media deploys by portraying queer* relationships and/or individuals as pathological or lesser than heterosexual rather than using the opportunity to draw attention to unhealthy and unsafe relationships.  Mentioning the emotional trauma experienced by Judge Albert as a result of the abusive relationship does not make up for the lack of context, especially when choosing to end the article by quoting Nuevelle’s attorney, “The lesson of this is don’t have a bad breakup with a lesbian judge. It means you go to jail for 5 1/2 years.”

In other words, abusive relationships go unnoticed unless one person in the relationship holds a position in court?  Abusive relationships are the norm and should continue to go unnoticed, unreported, and therefore unchanged, otherwise people are punished?  Latif Doman, Nuevelle’s attorney, seems to discourage readers/public from challenging relationship norms.  For those of us in the field of ending gender-based/sexual violence, Mr. Doman reminds us of the importance in developing partnerships with allies including attorneys, judges, law enforcement and journalists so as to counter the victim-blaming narrative so often portrayed in the media and legal system.  Reframing the narrative of relationship violence is critical work when prosecuting perpetrators/abusers and protecting survivors as a means of intervention.

*In this post, I used queer as an umbrella term to refer to individuals and/or relationships that are not defined or self-identified as heterosexual.

PreventConnect.org

Olivia Klaus and Brenda Clubine

(13 min) From behind prison walls, SIN BY SILENCE reveals the lives of extraordinary women who advocate for a future free from domestic violence. Inside California’s oldest women’s prison, the first inmate-initiated and led group in the U.S. prison system was created by inmate Brenda Clubine to help abused women speak out and realize they are not alone. Over the past two decades, the women of Convicted Women Against Abuse have changed laws for battered women and raised awareness for those on the outside. SIN BY SILENCE is an emotionally packed documentary that tells the personal and shocking stories of these courageous women who have learned from their past, are changing their future and, most importantly, teach how domestic violence affects each and every person.

In this interview, Director/Producer Olivia Klaus, Co-Producer/Editor Ann-Caryn Cleveland, and Brenda Clubine talk about the making of the documentary, the achievements of Convicted Women Against Abuse, and the uses of documentary film and survivors voices for awareness-raising and prevention work.

I had a recent opportunity to join a web conference, hosted by the Family Justice Center Alliance,  related to California’s Victim Compensation Program (CalVCP). The web conference was facilitated by JoAnn Goodwin, the Assistant Deputy Executive Officer, and Christy Munson, Manager County Liaison and Support Section of CalVCP.

The Victim Compensation Program (CalVCP) provides financial assistance to victims of crime who have been injured, or threatend with injury, as well as the family members of a victim who has died as a result of a crime.  The CalVCP can pay up to $70,000 per claim for un-reimbursed expenses resulting from a crime such as, but not limited to, domestic violence, sexual assault, homicide, molestation, drunk driving, robbery, and child abuse.  The CalVCP can help victims with expenses such as:

• Relocation expenses: Including first and last month’s rent and deposit,
• Income and support loss: Time lost at a job as a result of the crime,
• Home or vehicle modifications: In cases where a person is disabled as a result of a crime,
• Burial expenses: Help families cover funeral costs for a family member who has died as a result of a crime,
• Medical expenses: Including Mental Health services, ambulance services, chiropractor, glasses, hearing aides, physical therapy, dentist, etc.

To be eligible for the Victim Compensation program, you must be:

• Resident of California (including a Member of the Military in CA),
• Victim of a Crime in California (includes someone who is not from CA, but experienced a crime in CA),
• Experienced physical injury, or threat of physical injury (some emotional injury cases, such as domestic violence, may also apply)

Also, as of January 1, 2009, a minor who witnesses a crime can qualify for up to $5,000 for counseling services.

To learn more about the program, you can access the resources below.  You can also contact CalVCP at 1-800-777-9229 or you can visit the California Victim Compensation Program website, or the National Association of Crime Victim Compensation Boards, for more information and materials.

Who is eligible for compensation?

What types of expenses are covered?

CalVCP Quick Reference Guide

The National Latina Institute for Reproductive Health (NLIRH) and National Women’s Law Center (NWLC) hosted a teleconference and web conference on April 7, 2010 and April 8, 2010 focusing on the effects of the new health care reform on women. Both organizations did a really great job outlining both the positive and not-so-positive provisions in the bill in regards to it’s effects on women.

Some of the positives include:

• Exchanges. People may be eligible for federal subsidies to help them purchase insurance in a “virtual marketplace,” called Exchanges. The idea is that as the number of people purchasing insurance from this “virtual marketplace” grows, the price for policies will decrease and become much more affordable for everyone.
• “Guaranteed Issue” which explicitly states that health care companies cannot deny coverage to women with pre-existing conditions. A survivor suffering from Post Traumatic Stress Disorder (PTSD) due to issues of domestic violence and sexual assault cannot be denied coverage because of their “pre-existing” condition, as health care companies have been doing already.
• Health insurance premiums cannot vary based on gender or health status. Women can no longer be charged more than men based on the fact that they are women. Premiums can, however, be based upon age, smoking status, and geography.
• Community Health Centers will receive $11 billion in new funding. For women who visit community health centers often, this will expand the services they may receive from the centers.
• No co-pays for preventative services. Insurers will not be able to charge co-pays to women seeking preventative services such as pap smears and mammograms.
• Funding for Community Health Workers. Funds will be available to expand and continue the work of Community Health Workers (Promotoras) for medically underserved communities, as well as model those services in areas where they do not currently exist.

Some not-so-positive provisions include:

• Ban on abortion continues. States will still have the right to ban insurance policies that cover abortion services from participating in the Exchanges (Nelson Provision). It also upholds the Hyde Amendment, which states that federal funding that the Community Health Centers will receive cannot be used to provide abortion as an option for women.
• No coverage for undocumented persons, including survivors of sexual assault and domestic violence. Undocumented persons will not be eligible for federal subsidies to purchase policies.  Even if they are able to purchase insurance, they will not be able to access the Exchange options.
• The five-year ban for legal permanent residents continues.  Even if a survivor is a legal permanent resident, they will still be unable to access the programs until five years after obtaining their legal status.

Although the Health Care Reform bill has been signed, there are still many loose ends to the bill.  The implementation of many of these provisions still need to take place and will do so between 2010 and 2014.  You can access the resources below for more information about the Health Care Reform and how it affects you.  You can also visit the National Latina Institute for Reproductive Health and National Women’s Law Center website for more information about their efforts to ensure that every woman has access to affordable and fair health care insurance.

NLIRH: What you can expect from Health Care Reform

NLIRH: Que puede esperar del la Reforma del Sistema de Salud

NLIRH: Timeline for Health Care Reform Implemenation

NLIRH: Cuando sera implementada la reforma de salud?

NWLC: Women and Health Care reform At-A-Glance

NWLC: What does Health Care Reform means for Women

As the newly signed Health Care Reform begins to settle into people’s minds, many are asking, “How will this affect me?”  For many survivors of sexual assault, many women have experienced barriers to accessing health care because, for many health care agencies, suffering from PTSD after an assault has been considered a “pre-existing condition” (see post entitled “Rape: A Pre-Existing Condition“).

To help understand how the Health Care Reform will impact women, the National Women’s Law Center will be hosting a webinar on April 8, 2010 entitled, “How Women Will Benefit from Health Care Reform.” For more information about this webinar and to register, you can visit their website here.

The National Latina Institute for Reproductive Heath will also be hosting a “virtual cafecito” (a discussion over coffee) for both bilingual and monolingual, Spanish speaking Latinas on April 7, 2010. There will be a call in English from 12:00pm to 1:00pm (EST) and another in Spanish from 1:00pm to 2:00pm (EST). These calls will provide participants with information on the Health Care Reform and how it impacts Latina women.  For more information about these calls or to register, click here.

The Police Foundation released their December 2009 issue of Ideas in American Policing, a series of papers focused on issues pertaining to law enforcement, policy makers, scholars and practitioners. In this issue, entitled “Customer Satisfaction: Crime Victims’ Willingness to Call the Police” the Police Foundation published a national survey completed by the President’s Commission on Law Enforcement and the Administration of Justice. This national survey focused on crime victimization and  the “situational aspects of crime reporting.”

The survey consisted of 206 women incarcerated at the Hennepin County Adult Detention Facility in Minneapolis. From the women’s responses, one of the commonalities they found was that:

Women who had experienced the most violence were the least likely to report their violence to the police; among those who did not report being violently victimized, those with the most violent histories reported being very dissatisfied with the police response.

Other reasons the women gave for not reporting included that they didn’t feel they needed the help, fear of the perpetrator(s), didn’t want to be a “snitch”, they didn’t want anyone to know and they didn’t believe the police would do anything. The survey goes on to discuss other reasons why women do not report crimes against them as well as satisfaction and dissatisfaction with police response if they did report to law enforcement.

To read the full report, click here.

Ted Bunch

On May 21st and 22nd, 2009, CALCASA’s PreventConnect program staff were pleased to record several podcasts at A CALL TO MEN‘s 4th National Conference in New York City, NY.

This is a presentation by Ted Bunch, Co-Founder of A CALL TO MEN. He discusses the belief systems and behaviors of men who are violent and abusive, as well as the importance of accountability in appropriate program development for domestic violence offenders.

(33 min) Presentation by Ted Bunch

Domestic violence is heavily under-reported across the United States.  In an effort to illustrate the urgency in combating domestic violence, the National Coalition of Anti-Violence Programs (NCAVP) released its report on domestic violence within lesbian, gay, bisexual, transgender and queer (LGBTQ) communities in the United States during 2008.

“The total number of cases reported to NCAVP members was 3,419.  Los Angeles, with increased monitoring capacity, reported close to 1,500 incidents. Major findings of the report reflected that the number of reported DV-related fatalities increased and the number of cases with reported police misconduct in 2008 increased by 93%. In 2008, incidents of police misconduct, reported by 2.3% of all callers to NCAVP organizations, nearly doubled compared to those reported in 2007.”

The increase in reports does not necessarily reflect an increase in violence.  Instead, when communities are informed of existing culturally-sensitive resources, individuals and communities are much more likely to report incidents and crimes to authorities.

In addition, the NCAVP also notes:

Other major findings of the 2008 report included increases in reports along many race and ethnicity categories, notably people identifying as Latina/o (100%), Multi-racial (91%), and African Descent (50%). Striking increases were seen in a relatively new category of immigration, especially people with recent visas (1700%), refugees and asylees (900%), and people who are undocumented (250%). Additionally, reports of domestic violence against people living with disabilities increased by almost 50%.

To read the full NCAVP 2008 report, click here.

In an article in the recent issue of the Journal of Adolescent Health, researchers are examining patterns of intimate partner violence victimization from adolescence to young adulthood. While this research appears to be preliminary, better understanding of these patterns may assist the development of appropriate prevention programs.

The full citation and abstract from SafetyLit follow the jump.

Patterns of intimate partner violence victimization from adolescence to young adulthood in a nationally representative sample.

Halpern CT, Spriggs AL, Martin SL, Kupper LL. Journal of Adolescent Health 2009; 45(5): 508-16.

Click here for a link the article in the journal or the DOI.

(Copyright © 2009, Elsevier Publishing)

PURPOSE: To determine the prevalence of patterns of intimate partner violence (IPV) victimization from adolescence to young adulthood, and document associations with selected sociodemographic and experiential factors.

METHODS: We used prospective data from the National Longitudinal Study of Adolescent Health to group 4134 respondents reporting only opposite-sex romantic or sexual relationships in adolescence and young adulthood into four victimization patterns: no IPV victimization, adolescent-limited IPV victimization, young adult onset IPV victimization, and adolescent-young adult persistent IPV victimization.

RESULTS: Forty percent of respondents reported physical or sexual victimization by young adulthood. Eight percent experienced IPV only in adolescence, 25% only in young adulthood, and 7% showed persistent victimization. Female sex, Hispanic and non-Hispanic black race/ethnicity, an atypical family structure (something other than two biologic parents, step-family, single parent), more romantic partners, experiencing childhood abuse, and early sexual debut (before age 16) were each associated with one or more patterns of victimization versus none. Number of romantic partners and early sexual debut were the most consistent predictors of violence, its timing of onset, and whether victimization persisted across developmental periods. These associations did not vary by biological sex.

CONCLUSIONS: Substantial numbers of young adults have experienced physical or sexual IPV victimization. More research is needed to understand the developmental and experiential mechanisms underlying timing of onset of victimization, whether victimization persists across time and relationships, and whether etiology and temporal patterns vary by type of violence. These additional distinctions would inform the timing, content, and targeting of violence prevention efforts.

Often violence against women prevention efforts in schools focus on educating children. Yet, there may be more impact by training teachers to address the issues in their daily interactions with students.

In the recent Journal of Prevention and Intervention in the Community, among the several articles about violence prevention programs, one article describes a program in Dallas, TX to train teachers and school about the impact on domestic violence on children.

The full citation and abstract from SafetyLit follows the jump.

“Children at risk”: development, implementation, and effectiveness of a school-based violence intervention and prevention program.

Walker SL, Smith DJ Journal of Prevention and Intervention in the Community 2009; 37(4): 316-25.

Click here for the link or for the DOI:

(Copyright © 2009, Taylor and Francis Group)

Violence impacts the lives of children on a daily basis. In their communities, they witness drive-by shootings, drug deals, and violence in their schools while many endure abuse, neglect, and violent behavior in their homes. Because the traumatizing impact of such exposure disrupts a child’s ability to concentrate and learn, the Dallas Independent School District (ISD) sought content expertise to develop a training vehicle for school district professionals. The program aimed to raise the awareness of educators to problems related to domestic violence and the myriad of circumstances at home and in the community that lead to exposure to violence. Approximately 15,000 faculty and staff of Dallas ISD were educated in the identification, intervention, and prevention of exposure to violence. Referrals and inquiries related to abuse have increased (approximately 70%) while the city of Dallas has witnessed a drop in the number of domestic violence and child abuse offenses.

Gov. Schwarzenegger Signs Legislation to Restore Funding to State’s Domestic Violence Shelters

Governor Arnold Schwarzenegger today signed SBX3 13 by Senator Elaine Alquist (D-San Jose) to restore $16.3 million of state funding to support California domestic violence shelters.

“I want to congratulate the many groups that put victims first and came together to find this creative solution that will keep domestic violence shelters throughout the state open,” said Governor Schwarzenegger.

CDCR Asks Crime Victims to Register for New Automated Database to Keep them Better Informed about their Offenders

SACRAMENTO – In its effort to keep crime victims informed, the Office of Victim and Survivor Rights with the California Department of Corrections and Rehabilitation (CDCR) is asking crime victims to register for a new automated system that will soon provide real-time information about the custody status of their offenders. The new system was made possible by a federal grant.

Rape Victim’s Choice: Risk AIDS or Health Insurance?

By Danielle Ivory

Christina Turner feared that she might have been sexually assaulted after two men slipped her a knockout drug. She thought she was taking proper precautions when her doctor prescribed a month’s worth of anti-AIDS medicine.

Only later did she learn that she had made herself all but uninsurable.

Court rejects governor’s plan to solve prison overcrowding

Schwarzenegger’s plan to solve California’s prison overcrowding crisis, giving the state three weeks to devise an alternative or risk an order that seizes control of how more than 40,000 inmates are released from the prison system over the next two years.

After 20 years, Minnesota still wonders, Where’s Jacob?

On Oct. 22, 1989, Jacob Wetterling vanished – kidnapped in rural St. Joseph, Minn. Twenty years later, his disappearance endures as one of the state’s greatest criminal mysteries. But his family has never given up hope that, one day, he will come home.

U.S. formally asks for Polanski extradition

(CNN) — The United States has formally asked Switzerland to extradite film director Roman Polanski, Swiss authorities said Friday.

The Academy Award-winning director was arrested in Switzerland last month on a U.S. arrest warrant stemming from a 1977 sex case involving a 13-year-old girl. He is fighting extradition.

Opinion

Vetoing Justice for Rape Victims

by Sarah Tofte

Over the weekend, Governor Arnold Schwarzenegger of California vetoed legislation that would have made California the first state in the nation to collect comprehensive data on the physical evidence collected from rape victims that is sitting in police storage facilities.

The bill, AB 1017, which sailed through both houses of the state legislature, had been hailed by advocates as model legislation and an important first step in reckoning with the huge backlog in the United States. But Governor Schwarzenegger, citing the time and money it would take law enforcement agencies to collect the data, decided to oppose a law that would help bring justice to rape victims.

Governor Arnold Schwarzenegger today signed SBX3 13 by Senator Elaine Alquist (D-San Jose) to restore $16.3 million of state funding to support California domestic violence shelters.

“I want to congratulate the many groups that put victims first and came together to find this creative solution that will keep domestic violence shelters throughout the state open,” said Governor Schwarzenegger.

“I am proud to sign this bipartisan legislation that is good news for every Californian whose life is devastated by violence in the home and will help ensure domestic violence victims have a safe place to go. And, I encourage the legislature to continue looking for a permanent funding solution for this important program so domestic violence shelters aren’t faced with the same uncertainty next year.”

By failing to pass a balanced budget that fell $1 billion short of what legislative leaders had agreed to, the legislature forced the Governor to cut funding for programs he never had proposed cutting, including funding for domestic violence shelters. Since the budget was signed the Governor’s Administration has been working to restore funding to this important program and will continue to work for a permanent funding solution.

SBX3 13 provides for a one-time $16.3 million loan from the Alternative and Renewable Fuel and Vehicle Technology Fund to fund domestic violence shelters statewide for the 2009-10 fiscal year. The loan will be repaid with interest at the rate earned by the Pooled Money Investment Account by June 30, 2013.

Please click here to read the full press release.

I got a phone call from an angry woman this morning saying that I should be beaten. This is unusual for Saturday mornings and I didn’t quite understand her anger until I read the San Francisco Chronicle story with this punchline:

So when Coombs asks, “How many cases are enough to justify” the database, I have a simple answer.
One.

I have to admit, I was sad to see this (mis)quote at the end of the story. I felt like I was set up. I do hundreds of interviews and I’ve never contacted a writer about being misquoted or having a controversial quote included in a story. In fact, I’ve had much more controversial lines written about me but the difference here is that in most cases a writer will make it clear (intentionally or not) when they are looking for a fall-guy.

So why did this case bother me so much? Because it proved the counter-point to a truism I have repeated time and time again when doing media training: “The media doesn’t seek to misquote you, but they get their context from you.” This story proved that sometimes, no matter how much context you give, journalists (columnists in particular) will remain rooted in their chosen understanding of the schemes which you are trying to clarify.

In this particular case, the C.W. Nevius told me up front that he had a close acquaintance who had just gotten out of a violent relationship and that it was a “particularly raw subject” for he and his colleagues. I spent a good part of the morning working with this writer to explain the legislative history of that particular bill (in fact, he didn’t even know of the bill until I told him about it) as well as the various reasons that people supported and opposed the bill. I gave him the contact information for the California Partnership to End Domestic Violence (CPEDV) who had been vocally opposed to the bill and had some very important concerns, not the least of which was that it would be easy for DV victims to end up on the registry for self-defense and would therefore have to publicly register their address for life, rendering them a target to previous abusers (bill analysis with the formal support / opposition at the bottom). Nevius chose not to include a quote from them or many of the other complexities behind why this piece of legislation might have unintended consequences that must be considered.

I share Nevius’s belief that one victim is one too many. That’s precisely why expressed the concern that our decisions must weigh the likelihood of exacerbating the problem. In fact, we have lessons to be learned from the sex offender registry that sometimes unintended consequences include false sense of security when an individual does not show up on the registry, a reduction in reporting/convictions of perpetrators known to the victim and other complex outcomes that we cannot account for. So when I said “How many cases are enough to justify…” the rest of the statement that Nevius failed to print was “…the potential for creating new victims as a result of the database.”

The point that is all-too-often missed was that half-baked solutions to complex problems often end up shifting the problem. Can we justify policy that would prevent one person’s victimization but be a contributing factor in someone else’s? These are the difficult questions that victim advocates wrestle with in policy work. Unfortunately, it is the combination of partisan posturing in the legislature coupled with our fear of this type of misrepresentation in the media that make it difficult to have an honest debate about these issues.

Luckily, the overwhelming majority of my experiences with the media are straightforward, honest and fair. For now, I’m choosing to believe that C.W. Nevius did not seek to misquote me, but rather my influence on the story was underwhelming in contrast to his personal connection to domestic violence. If that is true, then it is incumbent upon us to continue working with the media (and policy-makers) to help provide context that promotes comprehensive approaches to prevention, not quick fixes with bad outcomes.

The National Sexual Violence Resource Center’s (NSVRC) Newsletter, The Resource (Spring/Summer 2009) had an article titled, “Coping with Vicarious Trauma: Strategies for Advocates Working with Communities of Color” by Tatiana Diaz, M.A. The article highlighted the complexities that Advocates of Color face when working with Communities of Color as well as the additional issues of Vicarious Trauma associated with the multi-dimensional work they do.

To gain insight on this issue, Tatiana held various focus groups where a total of 18 advocates from Rape Crisis Centers in Pennsylvania participated.  From these focus groups, Tatiana states:

They [advocates] shared difficult experiences, particularly related to situations where oppressions like racism, classism and immigration status intersected with victimization.

From these shared experiences, Tatiana was able to categorize the experiences into the following areas: Lack of Diverse Staff, Lack of Cultural Competency Among Current Staff, Tokenism, Other Marginalized Populations, and Other Agencies and Partners. Tatiana explains that the combination of any of these:

Placed great burden on advocates by adding extra responsibilities such as translation, transportation, and issues relating to immigration.

To learn more about this article, including some recommendations, you can download the entire article here.

As many of you may already know, we just completed a series of Regional Legal Advocacy Trainings, in collaboration with the Legal Aide Society~Employment Rights Center of San Francisco, focused on Employment Rights for Sexual Assault Survivors.  Many Rape Crisis Center advocates had an opportunity to attend, as well as folks from other agencies such as the Inter-Tribal Council of CA, various County District Attorney-Victim Service Agencies, Lideres Campesinas and other community agencies.

Unfortunately, we understand that not all agencies were able to participate so I wanted to share some information from those trainings with you about Workplace Safety and Protected Time Off for Survivors.  For Employees, here are some Employee Protections if you are a survivor of Sexual Violence:

• CA Labor Code § 230 (c): Any employer may not discharge, discriminate, or retaliate against an employee who is a domestic violence/sexual assault survivor for taking time off to obtain/maintain any relief, including a TRO/RO/injunctive relief, to help ensure the health, safety, or welfare of a survivor or the survivor’s child.
• CA Labor Code § 230.1: An employer with 25 or more employees may not fire, discriminate or retaliate against an employee who is a domestic violence or sexual assault survivor for taking time off to: receive counseling, safety plan, obtain a TRO/RO/injunctive relief, seek medical attention, or obtain services from a domestic violence program or rape crisis center.

For Employers, here are some Workplace Safety requirements to consider:

• Federal OSHA: General Duty Clause: Requires employers to provide a safe and healthful working environment. Employers can be cited if there are recognized hazards of workplace violence and nothing is done to prevent or abate them.
• CA Labor Code  § 6402: “No employee shall require, or permit, any employee to go to, or be in a place of employment which is not safe and healthful.”
• CA Labor Code § 6403: “No employer shall fail or neglect… (t)o do every other thing reasonably necessary to protect the life, safety and health of employees.”
• CA Labor Code § 6401.7: “Every employer shall establish, implement and maintain an effective injury prevention program.”

Below are additional resources and information regarding Employement Rights for Survivors:

• 7 Important Facts About Your Workplace Rights
• Paid Family Leave Benefits
• Unemployment Insurance If You Must Quit
• Disabilities in the Workplace
• Job-Guaranteed time off to go to court and to obtain service
• Taking Leave for a Health Condition

For more information, or legal advice, you can visit the Legal Aide Society~Employment Law Center of San Francisco website.

You can also visit the OSHA website or the California Law website for more information on the Labor Codes listed above.

October is Domestic Violence Awareness Month

October is Domestic Violence Awareness Month (DVAM) and across the country, advocates are joining health care providers, business leaders, policy makers, faith-based groups, college students and others at events and activities designed to educate the public about domestic and sexual violence.

NYTs: California Struggles with Paroled Sex Offenders

Solomon Moore, a journalist with the New York Times, wrote an article about monitoring paroled sex offenders in California. The piece also discussed the number of sex offenders on parole, the amount of resources spent monitoring sex offenders and legislation that will reduce caseloads for parole agents.

Homeless Ga. sex offenders seek new place to live
By GREG BLUESTEIN, Associated Press Writer

Georgia probation officers tried to line up temporary housing on Tuesday for nine homeless sex offenders who were kicked out of a makeshift tent city behind a suburban Atlanta office park where state officials had directed them to live.

from the Family Violence Prevention Fund

October is Domestic Violence Awareness Month (DVAM) and across the country, advocates are joining health care providers, business leaders, policy makers, faith-based groups, college students and others at events and activities designed to educate the public about domestic and sexual violence.

Activities include national campaigns, events like the Family Violence Prevention Fund’s National Conference on Health and Domestic Violence on October 8 to 10 in New Orleans, and state and local activities of all kinds.

Across the nation, experts and those who work with victims of domestic, dating and sexual violence are planning Domestic Violence Awareness Month (DVAM) events that educate the public, inspire action, and tell victims about the help and services that are available. While the activities come in all shapes and sizes, the goals are often the same: to raise awareness about the prevalence and cost of domestic and sexual violence, the need for prevention, and the services that are available to victims and their families.

The Legislature passed many of CALCASA’s priority support bills before the end-of-session deadline.

The following is a summary of CALCASA supported bills that have been chaptered. California Statutes are the Chaptered Bills. A bill is “chaptered” by the Secretary of State after it has passed through both houses of the Legislature and has been signed by the Governor.

• SB 432 (Runner) Crime victims: restitution
• SB 583 (Hollingsworth) Sex offenders
• SB 447 (Yee) Criminal records: custodian
• SB 668 (Hollingsworth) Sex offenders
• SB 669 (Hollingsworth) Sexually violent predators

In light of the tremendous budget deficit, this is a great show for CALCASA and we hope to see continued successes at the Capitol. CALCASA Public Policy is advocating for the Governor to sign a number of bills that have been passed by the legislature and are awaiting his signature. Those bills include:

• SB 588 (Committee on Public Safety) Sex Offender Management Board.
• AB 1017 (Portantino) Sexual assault crimes.
• SB 325 (Alquist) Sex offenders: assessments.
• SB 314 (Calderon) Crime victims.
• AB 382 (Ammiano) Department of Corrections and Rehabilitation: inmates and wards: classification.
• AB 988 (Brownley) Human trafficking: training content.

A big thanks to all of the CALCASA members who have sent letters or subscribed to the Grassroots Online Advocacy Center. Many of these bills would not have been as successful without the hundreds of letters we have seen from you.

For a complete list of legislation tracked by CALCASA this year, you can review the 2009 Bill Tracking page.

Arte Sana's Existe Ayuda National Project

CALCASA had the privilege to host the second phase of Arte Sana’s Existe Ayuda (Help Exists) National Outreach Project this year during our Leadership Pre-Conference day on August 17, 2009 in Sacramento.  About 23 Bilingual, Spanish-Speaking advocates from California and neighboring states such as Oregon and Nevada participated in the National Outreach Project this year.  Arte Sana’s National Outreach Project is a outreach and training product demonstration of Spanish language materials. Laura Zarate, Executive Director for Arte-Sana, facilitated the day long project and provided participants with the existing outreach materials to review. Participants had the opportunity to review and provide feedback on grammar, content and language pertaining to these outreach materials.

Participants discussed the complexities that come with the development of culturally appropriate Spanish-language materials due to the diversity of the language as well as the generational differences in Spanish-Speaking communities. The Outreach Project participants, who were from communities from different areas of Mexico and Central America, shared their individual experiences working in communities were services for Spanish-speaking survivors are not offered in culturally appropriate ways. Arte Sana thanks all the participants who devoted their day to attend this training and for being a part of this project. Your feedback and dedication towards providing the best and most culturally appropriate information and services to your communities is greatly appreciated.

For more information on Arte Sana’ and their Existe Ayuda National Outreach Project, please go to www.arte-sana.com

CALCASA ED Joins Council of State Governments Justice Center

A group of state and local leaders from across the nation?including respected state lawmakers and gubernatorial appointees who direct large state agencies, state supreme court chief justices and other court officials, and law enforcement executives and prosecutors met in Burlington, Vt., this week to discuss critical criminal justice policies.

Huffington Post: “Despite Promises, Some Rape Victims Stuck Paying Exam Bills”

Earlier this week, the Huffington Post, posted a story about rape victims who have been required to pay for evidence collection.

Editorial: Faces behind the numbers

Earlier this week, the Ventura Country Star posted an editorial about the recent domestic violence program funding cuts.

CA Prisons Must Cut Inmate Population

Earlier today, “a panel of federal judges ordered the California prison system on Tuesday to reduce its inmate population of 150,000 by 40,000 — roughly 27 percent — within two years. The judges said that reducing prison crowding in California was the only way to change what they called an unconstitutional prison health care system that causes one unnecessary death a week.”

There is no shortage of bills in the California Legislature that affect CALCASA’s members. Tuesday in both Assembly and Senate Public Safety Committees and the Senate Judiciary Committee, CALCASA testified on a variety of legislation related to sexual violence.

Two of those bills include: SB 1356 Contempt: victim of domestic violence (Yee) and SB 1339 Government tort claims: childhood sexual abuse (Simitian).

SB 1339 (Simitian), supported by CALCASA, would expand sexual assault survivors’ rights to access civil remedies and causes of action to address the impacts of sexual violence.

SB 1356 (Yee) seeks to prevent the incarceration of domestic violence victims who refuse to testify in court on the grounds of protecting their safety. Under current law, a domestic violence victim can be held in contempt of court and be incarcerated by a judge for refusing to testify against her batterer.

The bill was supported by the California Partnership to End Domestic Violence, the California Coalition Against Sexual Assault, California Protective Parents Association, California Public Defenders Association, Crime Victims United, Taxpayers for Improving Public Safety and the American Federation of State, County and Municipal Employees.

Lucinda Marshall, from AlterNet, reviewed nine magazine publications this month and compared the amount coverage devoted to breast cancer and domestic violence.

“Although October is also Domestic Violence Awareness Month (DVAM), we’d much rather be aware of breasts, even sick ones, than talk about black eyes and things that aren’t supposed to go on behind closed doors. That point is reflected in women’s magazines, which devote much more space in their October issues to breast cancer than they do to domestic violence.”

All of the magazines Marshall reviewed advertised breast cancer articles on their covers but only two contained information on Domestic Violence Awareness Month. Marshall also pointed out, “that we shrink away from black eyes. Breasts, on the other hand, are highly marketable commodities…Such irresponsible coverage of breast cancer and blindness to domestic violence suggest that many publications are less concerned with women’s health than with making a buck.”

This story highlights how difficult it is to get effective coverage of both domestic violence and sexual assault in today’s media. Although the media is perfectly happy covering “public health issues” to varying degrees of accuracy, they rarely if ever address the broad societal costs associated with violence against women. Sexual assault in particular is often relegated to stories focusing on sex offenders and “stranger-danger” coverage made common for their ability to “scare up” ratings.

To read the full article, click here.