In For Native American Women, Scourge of Rape, Rare Justice, an article published in the New York Times today, Timothy Williams explores the need for necessary provisions in the Violence Against Women Act to protect Native American women who are victims of sexual and domestic violence. Williams writes:

But according a survey by the Alaska Federation of Natives, the rate of sexual violence in rural villages like Emmonak is as much as 12 times the national rate. And interviews with Native American women here and across the nation’s tribal reservations suggest an even grimmer reality: They say few, if any, female relatives or close friends have escaped sexual violence.

Last week the House of Representatives passed their version of the Violence Against Women Act reauthorization. This version does not provide any protections for LGBTQ, tribal, or immigrant women who are victims of sexual or domestic violence. The bill does not advance our work as advocates to support victims, especially those who are vulnerable or marginalized. CALCASA will continue to lobby for the Senate version of the bill as VAWA moves into committee. If you are interested in learning more or taking action, visit 4vawa.org!

CALCASA has been following the Violence Against Women Act, both the Senate version and the House version. The Senate version passed April 26. This version included provisions for immigrant, LGBTQ, and tribal communities, advancing the work that we as advocates do to protect survivors of intimate partner and domestic violence. The House version of VAWA, also called H.R. 4970, weakened provisions written into the Senate version and completely eliminated provisions for vulnerable communities (including immigrants, LGBTQ populations, and tribal communities). We at CALCASA, along with the National Task Force on  advocated with representatives from California and throughout the country to vote no on H.R. 4970 but it passed yesterday, 222 “Yes” to 205 “No” votes. CALCASA will continue to partner with our national colleagues to fight for the provisions highlighted in the Senate version and will keep you updated as we move forward.

For more information on the vote yesterday, I’ve included the National Task Force’s Statement on the Passage of H.R. 4970.

National Task Force Statement on Passage of H.R. 4970
May 16, 2012

The National Task Force to End Sexual and Domestic Violence Against Women is a diverse coalition of thousands of national, state and local organizations and individuals across the country unified by our commitment to end violence against women. Today, we express our deep disappointment over the House of Representatives’ passage of H.R. 4970. This legislation weakens or deletes entirely some of the vital improvements in the “real VAWA” passed by the Senate last month by a resounding bipartisan vote of 68-31. Grace Huang, Public Policy Director of the Washington State Coalition Against Domestic Violence said, “We are devastated that provisions that will endanger vulnerable immigrant victims passed in the House today. For the first time in nearly 20 years, this bill would weaken crucial protections in VAWA for battered immigrants, putting them at risk of retaliation by their abusers and undermining law enforcement and public safety.”  “Today’s vote ignored the reality of LGBT survivors of violence and would deny them the support and services that every survivor needs,” said Sharon Stapel, Executive Director of the New York City Anti-Violence Project, which coordinates the National Coalition of Anti-Violence Programs (NCAVP). “Native women aren’t safer as a result of the passage of  H.R. 4970. In fact, the tribal provisions included in this bill create additional hurdles for Indian women seeking protection from violence on tribal lands, and that is unacceptable,” said Juana Majel-Dixon, 1st Vice President of the National Congress of American Indians (NCAI) and co-chair of the NCAI Task Force on Violence Against Women.

The House bill passed ignores the needs of vulnerable communities, rolls back years of progress aimed at protecting victim safety, weakens provisions in the Senate bill to protect victims in public housing and on college campuses, and strips the rights of community stakeholders to give input on VAWA programs.  The bill has been soundly rejected as dangerous to victims by more than 325 diverse organizations and leaders representing millions of constituents throughout the country. Rita Smith, Executive Director of the National Coalition Against Domestic Violence, said “The passage of H.R. 4970 ignores the expertise of hundreds of organizations working to end violence against women.”  Moreover, the President issued a statement saying if presented with the bill, his senior advisors would recommend a veto.

Despite today’s 222-205 vote, we applaud the courage of the Republicans who crossed party lines to vote against this dangerous bill and the Democrats who stood with all victims of violence.  The outcry from advocates from across the country resulted in significant bipartisan opposition to the bill and this swell of support will continue as the House and Senate meet in conference to reconcile the two bills. “On behalf of advocates and rape crisis centers, the National Alliance to End Sexual Violence commits to working with all members of Congress to finalize VAWA legislation this year that upholds provisions in the Senate bill that ensure community stakeholders have a voice in the funding process and protect vulnerable populations while maintaining criminal justice improvements for victims of sexual assault,” commented Monika Johnson Hostler, National Alliance to End Sexual Violence President. The National Task Force will continue to work towards a strong, bipartisan final bill that builds on VAWA’s successes and strengthens protections for all victims of violence. “The best post-Mother’s Day gift that Members of Congress can give to their neighbors, daughters, sisters, mothers and grandmothers is to support a bipartisan VAWA that protects women from all backgrounds,” said Gloria Lau, YWCA USA CEO.

For updates from the National Task Force, please follow us on Twitter @NTFVAWA, on Facebook or visit 4vawa.org.

Today the Senate voted 68 to 31 to pass the reauthorization of the Violence Against Women Act (VAWA). To see how each Senator voted, click here. We are happy to report that both Senator Feinstein and Senator Boxer voted in favor of this reauthorization of VAWA. The next step for this bill is moving on to the House of Representatives.

This iteration of the Violence Against Women Act is the ”first to include access to law enforcement and services for Native American women, better access for immigrant women who fear deportation if they report violence, and better access for LGBT victims” (Ms. Magazine). Senator Harry Reid released this statement about today’s historic vote:

“More than a third of women in this country have been victims of violence, sexual assault or stalking by a partner. Today’s strong bipartisan vote will give law enforcement agencies the tools they need to prosecute and convict the perpetrators of these heinous crimes, and will help victims get the protection and support they need.

I urge my colleagues in the House to quickly approve the Senate’s bipartisan bill… One case of abuse is one too many, and every day that law enforcement agencies lack all of the tools they need to combat domestic abuse is one day too many.”

We will continue to bring you updates as VAWA progresses in the House of Representatives!

VAWA ACTION ALERT

Please share widely!

From our colleagues at the National Task Force to End Sexual and Domestic Violence Against Women.

Urge Senator Reid to schedule a vote THIS WEEK! VAWA (S. 1925) has 61 sponsors –and Senate Majority Leader Reid has still not called the bill to the floor!  In the meantime, victims and survivors of violence are being ignored and those who oppose VAWA are developing alternative bills that would undercut VAWA.  Tell Senator Reid that victims and survivors do not have time to wait and he must call the bill to the floor this week.   Tell your Senators to support S. 1925, the real VAWA!

TAKE ACTION:
1. Urge Senator Reid to schedule VAWA for a vote THIS WEEK.
2. Write a letter to the editor to get the real VAWA to the Senate floor (sample below!).

Action 1: S. 1925 has enough sponsors to go to the Senate floor for a vote without a filibuster.  Senate Majority Leader Harry Reid (D-NV) has the power to schedule VAWA for a vote.  Ask him to schedule a vote THIS WEEK. 

Suggested message: “Senator Reid, you have 61 co-sponsors. You can get a vote for cloture now. In the meantime, those who oppose VAWA are developing a bill that will undercut everything VAWA stands for.Please schedule a date in April so that S.1925, the real VAWA, will be heard on the Senate floor.”

If you are not from Nevada, call 202-224-3542 (D.C. office).
If you are from Nevada, call 775-686-5750 (Reno office).

Action 2: Write a letter to the editor to get VAWA to the Senate Floor!  Find suggested language below which you should feel free to edit and personalize.  Find media contacts in your area:http://capwiz.com/fconl/dbq/media

To The Editor:
The Violence Against Women Act, S. 1925,  is a strong, bipartisan, filibuster-proof bill that will reauthorize essential laws and programs for another five years and build on effective, existing programs to meet the changing needs of victims of domestic and sexual violence.  This legislation, introduced by Senator Leahy (D-VT) and Senator Crapo (R-ID), currently has 61 co-sponsors, including eight Republicans.  Senate Majority Leader Harry Reid (D-NV) has yet to call the bill to the Senate floor for a vote that would demonstrate Congress’ commitment to end this violence.  Delaying this vote  threatens the progress our country has made toward ending domestic and sexual violence and building safer communities.

VAWA saves lives and money –  $12.6 billion in its first 6 years alone.  Approximately $400 million in annual funding supports local law enforcement, prosecution, courts, and victim services.  Since its passage in 1994, all states have strengthened rape laws and the number of individuals killed by an intimate partner has decreased by 34% for women and 57% for men.

Critics of the Leahy-Crapo bill fear that the bill will help “too many” victims.  Critics say S. 1925 gives immigrants a “new” way to enter the U.S., while in reality, provisions to protect abused immigrants have been in place since 1994.  They also claim S. 1925 would force all domestic violence and sexual assault programs to serve lesbian, gay, bisexual and transgendered (LGBT) victims or be charged with discrimination.  In reality, S. 1925 has a provision that allows states to fund services specifically targeted to LGBT victims, who are often  turned away or denied services because of their sexual orientation and/or gender identity.  They say S. 1925 violates the Constitution by giving tribal courts the authority to punish non-Indians for committing domestic violence on tribal lands where 1 in 3 American Indian women will be raped in their lifetime.  In fact, S. 1925 requires  tribal courts  to provide the same  Constitutional protections afforded to defendants in state criminal courts.

Senate leadership must move quickly to bring S. 1925 to the floor.  A vote for the Leahy-Crapo bill says, unequivocally, to all victims of domestic violence, dating violence, sexual assault and stalking, “We will help you wherever and whenever you need help.” The time has come for Senator Reid to call this bill to the floor and once again reauthorize this critical legislation.

Sincerely,
[Name, Title, Organization, Contact Info]

***

Thank you for all your great work!!

From L-R: Dr. Richard McCleary, CALCASA Executive Director Sandra Henriquez, and Asm. Das Williams

Today, AB 2441 (Williams) was heard on the floor of the Assembly Revenue & Taxation Committee. During the hearing, CALCASA’s Executive Director Sandra Henriquez provided a testimony along with Assemblymember Williams. Williams provided an overview of the legislation and I gave information about sexual assault, and statistics for the state of California.

Two witnesses presented in support of AB 2441, including Dr. Richard McCleary who is a professor at the University of California, Irvine who studies the secondary impacts of sexually oriented businesses. His experience with adult entertainment businesses in California began in the late 1980s with a study that found neighborhood crime rates rose whenever an adult business opened. Furthermore, the study found that the effect was aggravated by proximity to a bar or tavern. He testified that AB 2441, which only affects live adult entertainment businesses that serve alcohol, assumes that the businesses’ activities play a causal role in the victimization risk and that the organizations’ activities can mitigate the risk.

Additionally, a survivor of sexual assault spoke during the committee hearing. She said that she will never forget the advocate who met her at the hospital and how valuable the services were that she received from her local rape crisis center.

In the legislation analysis of AB 2441 (available here), there are 116 listed supporters and three businesses in opposition.

The Committee did not vote on the issue today, moving to vote on the issue to Monday, April 23. We are hopeful that AB 2441 will pass through the Rev & Tax Committee, and continue to progress through the legislative process into the Appropriations Committee.

Again, thank you for your support thus far — we’ll continue to need letters, calls and efforts in the coming weeks! Please contact Alexis Marbach, Public Policy Advocate at alexis@calcasa.org to learn how to get more involved.

CALCASA has been working with Senator Leland Yee (D-San Francisco/San Mateo) on legislation to support minors who are victims of trafficking and prostitution. SB 1349 will amend the current California penal code to state that a person under 18 years of age who has been exploited through prostitution, loitering for the purpose of prostitution, or engaged in commercial sex acts shall be treated as a victim of sexual abuse if it is the first conviction. A person 18 years old or under cannot consent to sex. However, the current California State law supports a perception that prostituted children are delinquent youth who have willfully committed a crime.

If SB 1349 is passed, the minor may be adjudged as a dependent child of the court as those minors who have been neglected, physically harmed or sexually abused. Instead of being arrested and detained, a minor engaged in prostitution will receive social services and counseling. Continue reading to see the full press release from Senator Yee’s office.

Yee Announces Bill to Help Kids Who Are Exploited Through Trafficking and Prostitution

Bill will ensure children exploited through prostitution receive victim services for sexual abuse

SACRAMENTO – Despite the fact that children cannot legally consent to sexual acts, when children are engaged in prostitution or sex trafficked, they are often misidentified and charged as criminals rather than victims of sexual abuse or statutory rape.

Along with several child advocates, Senator Leland Yee (D-San Francisco/San Mateo) today announced legislation that would treat children as victims, rather than criminals, when they are exploited through prostitution, sex trafficking, or commercial sex.

“Our laws rightfully protect children from sexual abuse and recognize that child brain development doesn’t allow minors the ability to legally consent,” said Yee. “Yet the minute there is money involved, California law treats those same kids as criminals. Those kids should also be considered victims – in fact, they are often the most vulnerable – and they deserve the same services and treatment as other survivors of child sex abuse.”

Most of California’s prostitution laws treat children the same as adults, with the first conviction punishable by up to 6 months in jail and/or a fine. The second convictions are subject to a mandatory minimum of 45 days in a county jail, and subsequent convictions a mandatory minimum of 90 days.

Under Yee’s bill, children in such situations for the first time will be treated the same as other child victims of sexual assault – assessed to see if it is appropriate for them to be released to their parent or guardian, or otherwise referred to the county welfare department.

Sandra Henriquez, the Executive Director of the California Coalition Against Sexual Assault (CALCASA), said, “CALCASA is committed to support legislation, like SB 1349, that protects California’s children from sexual exploitation. People who are under the age of 18 are not able to consent to sexual acts, and therefore, the law must see this population as victims of sexual abuse rather than criminals.”

“As an agency with over 15 years of experience working with sexually exploited minors in the Bay Area, the SAGE Project is proud to be represented by leaders such as Senator Leland Yee who work tirelessly to bring attention to this often overlooked and vulnerable population,” said Antonia Balkanska Lavine, Vice President of the SAGE Project Board of Directors. “Legislative efforts to ensure that sexually exploited minors are treated as crime victims are critical for safeguarding our children’s futures.”

Several states have already defined children as victims in such cases of commercial sex and prostitution, including Florida, Georgia, Illinois, Iowa, Alabama, and others. SB 1349 would finally allow California to join these other states in defining children as victims in these cases.

In 2004, Yee successfully passed AB 3042 provide added an additional year of prison for those convicted of a sexual offense with a minor when the crime was committed for money or other consideration. Despite change in law, many children are continuing to be prosecuted as criminals on their first offense.

“In 2004, we tried to send a very clear message to prosecutors that they should treat these children differently than adults,” said Yee. “And while DAs have utilized the 1-year enhancement to go after pimps and johns, many still prosecute the kids as well. SB 1349 will ensure we give all kids a chance and provide these victims with the help they so desperately need.”

###

ADAM J. KEIGWIN | ?? | CHIEF OF STAFF

OFFICE OF SENATOR LELAND YEE, PH. D.

(916) 651-4008   |   WWW.SENATE.CA.GOV/YEE

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

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

Bills that CALCASA has sponsored:

SB 534 (Corbett D) Victims of sexual assault

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

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

AB 898 — Alejo was chaptered on Sept. 29, 2011. This bill makes the minimum restitution fine not less than $300, if the person is convicted of a felony; and not less than $150, if the person is convicted of a misdemeanor; and make other conforming changes. This bill marks the first time that restitution fines have been increased in nearly two decades and will generate money for the California Victim Compensation Program (CalVCP).

AB 322  (Portantino D) Forensic evidence: rape kits

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

Additional federal level policy issues that may impact members:

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

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

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

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

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 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.

Senator Ellen Corbett (D-San Leandro) meets with constituents.

There’s only one word that can adequately describe the 2011 CPEDV/CALCASA Legislative Action Day: SUCCESS!

The California Coalition Against Sexual Assault and the California Partnership to End Domestic Violence teamed up for the first time to organize the Legislative Action Day. Bringing together nearly 200 enthusiastic participants from domestic violence shelters, rape crisis centers, and youth leaders to converge on the State Capitol and raise awareness about policy and budget priorities. Legislators and staff were informed of the importance of Calworks, the Restitution Fund, rape kits, teen dating violence, and a host of other issues facing everyday Californians.

The on-the-ground messages and stories shared by advocates and youth educated legislators on the essential services provided to thousands of survivors of sexual and domestic violence.

And finally, we welcomed CALCASA’s new Executive Director Sandra Henriquez and recognized our 2011 Extraordinary Advocates in Senator Mark Leno and Ellen Corbett, and Assembly Member Anthony Portantino for their ongoing commitment to survivors.

Can you believe all of that activity occurred in only two days? Participants left with the knowledge that they too can make a difference in how policymakers view services in their local communities. Advocates and youth leaders returned to their homes having received training on how to take action on specific policies and having made valuable contact with legislators and staff.

CALCASA recognized the following legislators at the awards ceremony: (from left) Assembly Member Anthony Portantino (D-La Can?ada Flintridge), Senator Mark Leno (D-Marin County), Senator Ellen Corbett (D-San Leandro) and Assembly Member Paul Fong (D-Cupertino).

It might be a little too early to say this, but we’re looking forward to 2012!

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 14, 2011

Because of the Legislature’s bill introduction deadline last week, the Friday Policy Update is a bit late, but still as informative.

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 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 220 (Solorio D)   Gang and youth violence: prevention.
Status: 2/18/2011-Referred to Com. on PUB. S.
Location: 2/18/2011-A. PUB. S.

AB 235 (Halderman R)   Public records: clemency records.
Status: 2/18/2011-Referred to Com. on G.O.
Location: 2/18/2011-A. G.O.

AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 2/18/2011-Referred to Com. on PUB. S.
Location: 2/18/2011-A. PUB. S.

AB 259 (Smyth R)   County public defender.
Status: 2/18/2011-Referred to Com. on JUD.
Location: 2/18/2011-A. JUD.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 2/15/2011-From printer. May be heard in committee March 17.
Location: 2/14/2011-A. PRINT

AB 388 (Hernández, Roger D)   Criminal procedure: search warrants: tracking devices.
Status: 2/15/2011-From printer. May be heard in committee March 17.
Location: 2/14/2011-A. PRINT

AB 399 (Lowenthal, Bonnie D)   Corrections: offender pharmacies.
Status: 2/15/2011-From printer. May be heard in committee March 17.
Location: 2/14/2011-A. PRINT

AB 420 (Davis D)   Inmates: electronic monitoring.
Status: 2/15/2011-From printer. May be heard in committee March 17.
Location: 2/14/2011-A. PRINT

AB 434 (Logue R)   County penalties: forensic laboratories.
Status: 2/15/2011-From printer. May be heard in committee March 17.
Location: 2/14/2011-A. PRINT

AB 446 (Carter D)   Inmates: alternative custody.
Status: 2/16/2011-From printer. May be heard in committee March 18.
Location: 2/15/2011-A. PRINT

AB 454 (Silva R)   Protective orders: early termination.
Status: 2/16/2011-From printer. May be heard in committee March 18.
Location: 2/15/2011-A. PRINT

AB 520 (Ammiano D)   Sentencing.
Status: 2/16/2011-From printer. May be heard in committee March 18.
Location: 2/15/2011-A. PRINT

AB 543 (Torres D)   Sex offenders: social networking prohibition.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 2/16/2011-Read first time. To print.
Location: 2/16/2011-A. PRINT

AB 593 (Ma D)   Domestic violence: evidence.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 625 (Ammiano D)   Sex offender registration.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 630 (Hueso D)   Pupil safety: bullying.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 648 (Block D)   Clemency.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 653 (Galgiani D)   Sex offenders: registration of Internet accounts and identifiers.
Status: 2/17/2011-From printer. May be heard in committee March 19.
Location: 2/16/2011-A. PRINT

AB 694 (Gorell R)   Juvenile offenders.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 701 (Wagner R)   Missing persons: mobile telephone location.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 746 (Campos D)   Pupils: cyber bullying.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 755 (Galgiani D)   Sex offenders: CAL E-STOP.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 757 (Blumenfield D)   Sex offenders: public information.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Victim-Witness Assistance Fund.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 765 (Achadjian R)   Crimes: domestic battery and rape.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 799 (Swanson D)   Commercially sexually exploited minors.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 813 (Fletcher R)   Sex offenders: punishment: parole.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 855 (Hagman R)   DNA testing.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 874 (Donnelly R)   Prisoners.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 877 (Skinner D)   Expungement.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 881 (Cook R)   Mental health: involuntary commitment: transportation.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 883 (Cook R)   Sex offenders: registration.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 884 (Cook R)   Sexually violent offenders: notification of offender registration by law enforcement.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 885 (Cook R)   Vehicles: driver’s licenses and identification cards: issuance and renewal: registered sex offenders.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 898 (Alejo D)   Crime victims: restitution: fine.
Status: 2/18/2011-From printer. May be heard in committee March 20.
Location: 2/17/2011-A. PRINT

AB 918 (Block D)   Crimes: felonies.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

AB 1022 (Fletcher R)   Sex offenders: registration.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

AB 1060 (Hernández, Roger D)   Crimes of violence: crimes at sea: reporting.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

AB 1087 (Brownley D)   Cities and counties: public safety services: contracts.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

AB 1165 (Achadjian R)   Domestic violence: probation: terms.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

AB 1243 (Fletcher R)   Sexually violent predators.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

AB 1373 (Fong D)   Pupils: teen dating violence prevention.
Status: 2/18/2011-Read first time. To print.
Location: 2/18/2011-A. PRINT

ACR 22 (Hueso D)   California School Bullying Prevention Awareness Week.
Status: 2/18/2011-From printer.
Location: 2/17/2011-A. PRINT

ACR 24 (Hall D)   Child Abuse Prevention Month.
Status: 2/18/2011-From printer.
Location: 2/17/2011-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.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 2/17/2011-Referred to Com. on PUB. S.
Location: 2/17/2011-S. PUB. S.

SB 182 (Corbett D)   Judiciary: demographic data.
Status: 2/17/2011-Referred to Com. on JUD.
Location: 2/17/2011-S. JUD.

SB 208 (Alquist D)   Identity theft: restitution.
Status: 2/17/2011-Referred to Com. on PUB. S.
Location: 2/17/2011-S. PUB. S.

SB 233 (Pavley D)   Emergency services and care.
Status: 2/17/2011-Referred to Com. on HEALTH.
Location: 2/17/2011-S. HEALTH

SB 242 (Corbett D)   Social networking Internet Web sites: privacy: minors.
Status: 2/17/2011-Referred to Com. on JUD.
Location: 2/17/2011-S. JUD.

SB 271 (Wyland R)   Evidence: rape kit.
Status: 2/15/2011-From printer. May be acted upon on or after March 17.
Location: 2/14/2011-S. PRINT

SB 291 (Vargas D)   Bail.
Status: 2/15/2011-From printer. May be acted upon on or after March 17.
Location: 2/14/2011-S. PRINT

SB 296 (Wright D)   Criminal street gangs: injunction: petition for exemption.
Status: 2/15/2011-From printer. May be acted upon on or after March 17.
Location: 2/14/2011-S. PRINT

SB 329 (Correa D)   County penalties: forensic laboratories.
Status: 2/16/2011-From printer. May be acted upon on or after March 18.
Location: 2/15/2011-S. PRINT

SB 428 (Strickland R)   Public safety omnibus bill.
Status: 2/17/2011-From printer. May be acted upon on or after March 19.
Location: 2/16/2011-S. PRINT

SB 453 (Correa D)   Pupil rights: bullying.
Status: 2/17/2011-From printer. May be acted upon on or after March 19.
Location: 2/16/2011-S. PRINT

SB 480 (Vargas D)   Public social services: domestic violence.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 490 (Hancock D)   Corrections: Office of the Inspector General.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 492 (Correa D)   Sexually violent predators: civil commitment.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 531 (Rubio D)   Search warrants: HIV testing.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 534 (Corbett D)   Victims of sexual assault.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 576 (Calderon D)   Sentencing.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 601 (Hancock D)   Corrections: prisons: budget accountability.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 604 (Berryhill R)   Probation.
Status: 2/18/2011-From printer. May be acted upon on or after March 20.
Location: 2/17/2011-S. PRINT

SB 622 (Corbett D)   Sex offenders: registration.
Status: 2/18/2011-Introduced. Read first time. To Com. on RLS. for assignment. To print.
Location: 2/18/2011-S. PRINT

SB 756 (Price D)   Sex offender registration.
Status: 2/18/2011-Introduced. Read first time. To Com. on RLS. for assignment. To print.
Location: 2/18/2011-S. PRINT

SB 852 (Harman R)   Corrections: victim notification.
Status: 2/18/2011-Introduced. Read first time. To Com. on RLS. for assignment. To print.
Location: 2/18/2011-S. PRINT

SB 856 (Walters R)   Parole: domestic violence: sexual abuse: victim’s rights.
Status: 2/18/2011-Introduced. Read first time. To Com. on RLS. for assignment. To print.
Location: 2/18/2011-S. PRINT

SB 916 (Negrete McLeod D)   Sex offenses: sexting.
Status: 2/18/2011-Introduced. Read first time. To Com. on RLS. for assignment. To print.
Location: 2/18/2011-S. PRINT

SCR 15 (Evans D)   Sexual Assault Awareness Month: Denim Day California.
Status: 2/18/2011-Introduced. Referred to Com. on RLS.
Location: 2/18/2011-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

In an episode of Comedy Central’s The Daily Show, which has been described as more satire and comedy than news, long-time host Jon Stewart and contributor/comedienne Kristen Schaal (introduced as the Senior Women’s Issues Correspondent) spent a little over five minutes tackling the issue of “forcible rape” and “abortion” currently being addressed by Congress (“No Taxpayer Funding for Abortion Act” H.R. 3). Watch the clip below:

When the “No Taxpayer Funding for Abortion Act” was brought to CALCASA’s attention, we quickly signed onto a letter with other state coalitions and the National Alliance to End Sexual Violence to tell Congress of the unfortunate results if such legislation was to pass. Recent reports indicate that Congress has amended the parts of the bill that would have redefined sexual assault. We continue to advocate and inform Congress of the correct path they should take as it relates to sexual violence and reproductive health.

Was The Daily Show on target or off base? Should comedy and satire be considered a legitimate means of discussing issues around reproductive rights and sexual assault? What are you thoughts about this segment? Join the discussion and give us your feedback!

Below are the preliminary election results from Tuesday November 2 (Secretary of State will certify results in 30 days). As we mentioned in a previous post titled “California Propositions Information for November 2010,” these initiatives would have a direct or indirect affect on the victim advocacy community. Following the results, is a brief description of what will change throughout the state. Statewide elected and district specific results will be posted this afternoon.

Proposition 19: DEFEATED, Yes 45.9%, No 54.1%
Changes California Law to Legalize Marijuana and Allow It to Be Regulated and Taxed

Recreational use of marijuana will remain illegal and an infraction in California. Medicinal use is still allowed by law.

Proposition 20: PASSED, Yes 61.2%, No 38.8%
Redistricting of Congressional Districts

US Congressional District lines will be drawn by the independent State Commission on Redistricting created in 2008. State Assembly and Senate district lines will remain under the purview of the State Commission on Redistricting.

Proposition 25: PASSED, Yes 54.9%, No 45.1%
Changes Legislative Vote Requirement to Pass a Budget from Two-Thirds to a Simple Majority. Retains Two-Thirds Vote Requirement for Taxes

A state spending plan can now be approved by a legislative majority vote. Tax increases will still require a 2/3rds approval of the Legislature. Legislators will stop receiving pay for delayed budgets.

Proposition 26: PASSED, Yes 52.7%, No 47.3%
Increases Legislative Vote Requirement to Two-Thirds for State Levies and Charges. Imposes Additional Requirement for Voters to Approve Local Levies and Charges with Limited Exceptions

Requires the Legislature to get two-thirds support for any new state mandated fees and charges and subsequent increases to those fees and charges.

Proposition 27: DEFEATED, Yes 40.6%, No 59.4%
Eliminates State Commission on Redistricting. Consolidates Authority for Redistricting with Elected Representatives

State Commission on Redistricting will not be eliminated and will continue the process of redistricting throughout 2011.

CA State Capitol Photostream by jimmywayne

Legislative business continued in September despite the record-setting budget impasse. Policymakers introduced a whopping 5,328 bills, resolutions, and constitutional amendments that resulted in 1,835 being chaptered in the law, 556 being vetoed by the governor, with the remainder dying off through legislative procedures. CALCASA monitored close to 170 bills.

CALCASA worked closely with our state allies to push victim advocacy and service issues to the top of the policy agenda. Whether it was issues that affected victims in court, expanding victims services, reporting of child and elder abuse, or sex offender management, we are able to stand here at the end of the legislative year and proudly say that progress has been made. And here are some highlights:

• AB 1844 also known as Chelsea’s Law was the most comprehensive sex offender management bill to be enacted since Proposition 83. It enacts reforms recommended by the Sex Offender Management Board, dramatically enhanced penalties, and protects a vital funding source for sexual assault services.
• SB 588 eliminated the sunset date of the Sex Offender Management Board that was set to expire on January 1, 2010
• SB 1233 eliminated the sunset date for the “Safe at Home” program that was set to expire in 2011.

However, there is always room for improvement. California policymakers missed opportunities to improve public safety and provide more services to victims. Here are some of the lowlights:

• AB 558 & 2009 would have moved California closer to eliminating our rape kit backlog. Both bills were vetoed by the Governor.
• SB 1147 would have mandated state officials to develop a comprehensive Master Plan for Public Safety. This plan could have provided necessary guidance to law enforcement officials regarding the importance of victim services. It died through procedural deadlines.

Readers can view CALCASA’s “Chaptered and Veto” list after the jump. If you have any questions regarding any legislation, please contact Phillip@calcasa.org or (916) 446-2520 ext. 317.

2009-2010 Bills Chaptered and Vetoed

On Wednesday September 29, NBC’s crime drama Law and Order: SVU highlighted the story of a victim whose case had been held up because of a rape kit backlog. This special episode guest starred Jennifer Love Hewitt (Party of Five, Ghost Whisperer) and stars Mariska Hargitay, founder of the Joyful Heart Foundation. The Law and Order cast took time out of their schedule to record a “Call to Action” video posted above.

In order to advocate state and national officials to provide the resources needed to eliminate the backlog, the Joyful Heart Foundation has started EndtheBacklog.org that will give victims and advocates resources to act and spread the word.

California Governor Arnold Schwarzenegger recently vetoed two bills, that if signed, would have move this state closer to solving our own rape kit backlog. AB 558 by Assemblymember Portantino would require local jurisdictions to report the number of rape kits in backlog starting in 2011 in order to standardize record keeping and data sharing. AB 2009 by Assemblymember Logue makes changes to how state funds are spent to focus monies towards eliminating the backlog. Click through the links to read the legislation and if you wish to send a letter to the Governor expressing your disappointment with his veto, you can fax them to (916) 445-4633.

Visit CALCASA’s rape kit backlog tag to view our past blogs on this issue.

Do you ever get the feeling that the government is driving a 1972 Ford Pinto (Squeak!  Sputter!  Grind!) in a 2010 Tesla Roadster World (Zoom!  Swoosh!  Zip!)?

I will let you in on a little (but open) secret: Government is embracing new interactive and social technologies and strategies, but at a much slower rate than almost everyone else in the private sector.  Some will write this off as another government failure; others will see it as an opportunity for the government to change how it does business.

You might be asking yourself why the government is so slow at embracing interactive technologies. Here are some of the reasons:

1. Government services and forms must of available to all citizens, including those who do not have everyday access to Internet, a printer or do not speak English.
2. Tax payer money must be spent wisely, preventing government from spending public funds on trendy tech. Any investment in new interactive service platforms must be secure, tested, long term and work every time a constituent wishes to access that service.
3. The California state government is the single largest employer with more than 230,000 employees and more than 200 agencies, departments, bureaus, boards and commissions.  Retraining or educating even 10 percent of state employees in new and ever-evolving interactive services is a daunting and expensive task.

However, there is a growing consensus among public officials, non-governmental organizations, media outlets and concerned citizens that the sooner governments adopt interactive platforms, the more efficient and accessible government becomes.  Below is a list of ways California has adopted to increase efficiency and access:

• Every state legislator has a Website where concerns can be sent directly to his/her office via e-mail.
• Most legislators have adopted social networking platforms such as Facebook and Twitter to keep voters updated.
• Most legislative hearings are now streamed live online at www.calchannel.com.
• Public hearings, events and announcements are also streamed online.
• Public forms and documents are slowly being published and accessible online; however online submissions are still rare.

Please comment and let us know your thoughts on how the government has embraced new tech or how it can do a better job.  Look out for a follow up post next week.

Week of January 18th

Below is a summary of what happened this week with bills that CALCASA is tracking through the state legislature. The list includes bills that CALCASA is sponsoring, supporting and watching. We included links to each bill, so that you can read the text.

ASSEMBLY – APPROPRIATIONS

AB 558 (Portantino) Sexual assault crimes.
CALCASA Position: Support
Status: 1/21/2010 From committee: Do pass. (Ayes 15. Noes 0.) (January 21).
Current Location: 1/21/2010 A-SECOND READING

AB 633 (Ammiano) Department of Corrections and Rehabilitation: inmates and wards: classification.
CALCASA Position: Support
Status: 1/21/2010 From committee: Do pass. (Ayes 14. Noes 2.) (January 21).
Current Location: 1/21/2010 A-SECOND READING

AB 505 (Furutani) Sex offenders: housing.
CALCASA Position: Questions
Status: Status: 1/21/2010 In committee: Set, second hearing. Held under submission.
Current Location: 1/21/2010 A-APPR.

SENATE – APPROPRIATIONS

SB 733 (Leno) Crime victims: trauma center grants.
CALCASA Position: Concerns
Status: 1/21/2010 Do pass as amended.
Current Location: 1/21/2010 S-APPR. SUSPENSE FILE

Week of January 11th

Below is a summary of what happened this week with bills that CALCASA is tracking through the state legislature. The list includes bills that CALCASA is sponsoring, supporting and watching. We included links to each bill, so that you can read the text.

Assembly Public Safety

AB 588 (Portantino) Sexual assault crimes.
CALCASA Position: Support
Status:  1/13/2010 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (January 12).
Current Location: 1/13/2010 A-APPR.

AB 633 (Ammiano) Department of Corrections and Rehabilitation: inmates and wards: classification.
CALCASA Position: Support
Status: 1/13/2010 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (January 12).
Current Location: 1/13/2010 A-APPR.

AB 984 (Nava) Crimes.
CALCASA Position: Support
Status: 1/12/2010 Do pass as amended and be re-referred to the Committee on Appropriations.
Current Location:  1/12/2010 A-APPR

AB 505  (Furutani) Sex offenders: housing.
CALCASA Position: Concerns/Watch
Status: 1/13/2010 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (January 12).
Current Location: 1/13/2010 A-APPR.

Senate Public Safety

SB 46 (Alquist) Sex offenders: commencing trial: time.
CALCASA Position: Sponsor
Status: 1/13/2010 Set, second hearing. Failed passage in committee.
Current Location: 1/13/2010 S-PUB. S.

SB 677 (Yee) Human trafficking: property: seizure.
CALCASA Position: Support
Status: 1/13/2010 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.
Current Location: 1/13/2010 S-APPR.

Schwarzenegger sets the bar high for his last year in office

Gov. Arnold Schwarzenegger made it sound easy to fix California when he first ran for governor, but his last six years have proved otherwise.

He took office in 2003 on a promise to “end the crazy deficit spending” and change state government as we knew it.

As Schwarzenegger enters his final year in office, however, California faces massive fiscal problems, while advocates of government reform say a constitutional convention, not an ambitious chief executive, is the best cure for the state’s woes.

California Legislature reconvenes

Both houses of the Legislature reconvene today, and hearings begin anew.

New peril in war zones

BAGHDAD – Capt. Margaret H. White began a relationship with a warrant officer while both were training to be deployed to Iraq. By the time they arrived this year at Camp Taji, north of here, she felt what she called “creepy vibes” and tried to break it off.

Perverting justice

Jessica’s Law prevents paroled sex offenders from residing near schools or parks. That means they can only live one place in S.F.: on the streets.

Earlier this year, Sen. Franken introduced an amendment (S.2588) to the FY2010 Defense Appropriations Bill that would restrict funding to defense contractors who commit employees to mandatory binding arbitration in the case of sexual assault. The legislation, endorsed by 61 women’s, labor and public interest groups, was inspired by the story of Jamie Leigh Jones.

The Huffington Post reported earlier today:

An amendment that would prevent the government from working with contractors who deny victims of sexual assault the right to bring their case in court has survived attempts to dull its impact and seems poised to become law.

…The final product, in the end, proved remarkably strong. According to a Franken aide, the substance of the language “is unchanged.” Under the amendment the government would not be able to do business with companies that deny court hearings for victims of either assault, false imprisonment, intentional infliction of emotional distress or negligent hiring practice. The controversial Title VII provision, which would allow victims of assault to sue the employers of the alleged perpetrator and not just the perpetrator himself or herself, remains in the bill. Meanwhile, the threshold at which companies will be subjected to the legislation is set at those who have contracts totaling $1 million or more.

All told, the legislation would affect all major and many minor contractors, forcing them to choose between allowing litigation for their employees or forfeiting the hundreds of millions in dollars that are doled out annually in contracts by the federal government.

Continue reading here.

Statement by Vice President Biden on the 10th Anniversary of the International Day for the Elimination of Violence Against Women

“Violence against women is found in every culture around the world. It is one of our most pervasive global problems, yet it is preventable.  When gang rape is a weapon of war, when women are beaten behind closed doors, or when young girls are trafficked in brothels and fields – we all suffer. This violence robs women and girls of their full potential, causes untold human suffering, and has great social and economic costs.  On this 10th anniversary of the International Day for the Elimination of Violence Against Women, I urge all Americans to join with the international community in calling for an end to these abuses.”

Over 70 percent of SD sex offenders violate law

More than 70 percent of the registered sex offenders in San Diego County are violating a state law by living too close to schools or parks.

The San Diego Union-Tribune reports Sunday that 1,266 out of 1,731 offenders’ addresses made public by the state are in violation of Jessica’s Law. The data was analyzed by the nonprofit group the Watchdog Institute. Jessica’s Law, which critics say is poorly worded, was approved by voters in 2006. It bars sex offenders from living within 2,000 feet of a school or park.

Jessica’s Law too vague to enforce? — Watch Dog Institute

More than 70 percent of registered sex offenders in San Diego County are violating a state law by living too close to schools and parks.  Jessica’s Law, which was approved by California voters in November 2006, toughened sanctions against sex offenders and bars them from living within 2,000 feet of a school or park. In San Diego County, 1,266 of 1,731 offenders whose addresses are made public by the state live in those restricted zones, according to an analysis by the Watchdog Institute, a nonprofit investigative journalism unit based at San Diego State University.

Hard to track sex offenders as they harness tech gadgets

The pursuit of Lee Shelton began the moment the sex offender was released from prison.

It ended months later with a U.S. Marshals Service helicopter hovering near a D.C. junior high school as Shelton kissed a 14-year-old boy. In between, authorities used two global positioning system devices to track him, learned he was online at the library and seized a secret laptop with a power source in the trunk of his car. He is back in jail.

Sex offenders more difficult to monitor

It ended months later with a US Marshals Service helicopter hovering near a District of Columbia junior high school as Shelton kissed a 14-year-old boy. In between, authorities used two Global Positioning System devices to help track him, learned he was online at the library and seized a secret laptop with a power source in the trunk of his car. His parole was revoked, and he is back in jail.

Shelton, who was originally convicted of molesting boys at the National Air and Space Museum and on the grounds of the Washington Monument, is one of thousands of sex offenders accused of similar crimes after their release from prison or while on probation. His parole violation illustrates the challenges of monitoring hundreds of thousands of offenders.

CDC Awards Vital Prevention Funding to National Sexual Violence Resource Center

The U.S. Centers for Disease Control and Prevention (CDC) recently awarded the Pennsylvania Coalition Against Rape $1.5 million dollars per year for three years to continue funding its National Sexual Violence Resource Center (NSVRC).

The CDC has funded the NSVRC since 2000 to serve as the nation’s principle center for communicating, organizing, creating, and sharing information and resources about all forms of sexual violence and its prevention.

Possible Change to California Witness Law

The Sherrice Iverson Child Victim Protection Act requires “that witnesses report a serious crime against anyone 14-years-old and younger.” But the law does not apply in the Richmond case because the victim is 16.

Budget Deficit Predicted for California

California needs $20.7 billion to balance the next budget, according to a forecast issued by the nonpartisan Legislative Analyst’s Office.

Kevin Yamamura reported said, “state leaders won’t be able to reap savings from some of the state’s largest spending categories.

City Changes Rape Kit Testing Policy

Laura Strickler reported earlier this week about a city that has changed it’s rape kit testing policy in response to a CBS News investigation. The investigation “found 20,000 untested kits nationwide.”

RSS in Plain English

CALCASA has an exciting tool that we want you to know about: RSS.

Wherever you see the icon with broadcast bars, you’ll know that there is an RSS feed waiting for you to subscribe to. That means you’ll be able to get the latest CALCASA headlines, read the newest posts and stay up to date all in one place.

Information from the New York Times

The Sherrice Iverson Child Victim Protection Act requires “that witnesses report a serious crime against anyone 14-years-old and younger.” But the law does not apply in the Richmond case because the victim is 16.

State Assemblyman Tom Torlakson, represents Contra Costa County and is “exploring how to expand that law to raise the age to 16 or 18, and potentially alter it to include any person physically harmed on a school campus. He was the author of the Sherrice Iverson Child Victim Protection Act in 2000.”

Mr. Torlakson said that staff members are “researching the effectiveness of the original act, working with the California District Attorneys Association, schools and police officers throughout the state.”

State Sen. Leland Yee is also looking into how to change the law to address the age limit issue. Lee said:

My office is still researching a number of legislative remedies and we have not ruled out amending the law to include crimes committed against people of all ages. That said, crime statistics indicate that children under age 18 represent a disproportionate number of sexual and violent crime victims, so providing them additional protections is more than just appropriate, it’s our obligation.

The Associated Press reported earlier this morning that the California Supreme Court is set to hear arguments challenging a key section of Jessica’s Law.

Jessica’s Law prohibits registered sex offenders from living within 2,000 feet of a school or park. The law mandates that all those paroled after Nov. 8, 2006 — when the law took effect — must comply or face more jail time.

The case to be heard Tuesday claims the requirement violates the constitutional rights of sex offenders. Four registered sex offenders have sued the state, arguing the law makes it impossible to find a place to live.

For more information read: California Supreme Court to Review Jessica’s Law

Crime Victims Bill Goes to Senate

Legislation introduced by Idaho Senator Mike Crapo and Senate Judiciary Committee Chairman Patrick Leahy (D-Vermont) has cleared the Senate Judiciary Committee and is headed for the full Senate. The proposed legislation protects funds for programs that assist victims of domestic violence and sexual assault.

House Passes Cruise Ship Safety Legislation

Last week, the House passed cruise safety legislation that would “oblige cruise ships that serve U.S. ports to publicly report shipboard crimes, employ U.S. doctors and install peepholes in cabin doors, among other requirements.”

Lawmaker resubmits bill requiring rape-kit reports

Earlier this week, Assemblyman Anthony Portantino reintroduced a bill that “would require police to document their progress in testing evidence from rapes, after Gov. Arnold Schwarzenegger vetoed similar legislation earlier this month.”

Grant documents deepen confusion over UC Davis sex assault statistics

Documents used to justify large grants from the federal government that support the violence prevention program at UC Davis raise additional questions about inconsistencies in the school’s reporting of crime statistics.

Five arrested in alleged gang rape; juveniles being charged as adults

Richmond, California (CNN) — Police investigating the gang rape of a 15-year-old girl have arrested five people, a police spokesman said Wednesday. Three juveniles and two adults are in custody in the rape on Saturday, said the Richmond police spokesman, Lt. Mark Gagan. The three juveniles will be charged as adults, he said.

Calif. lawmakers support Polanski extradition

LOS ANGELES – Fifteen California legislators have signed a letter supporting the extradition of Roman Polanski to Los Angeles to face his decades-old child sex conviction.

State Sen. Gloria Romero, a Los Angeles Democrat, recently wrote the letter to Los Angeles County District Attorney Steve Cooley saying the 76-year-old filmmaker should face his past and that “no one is above the law.”

Earlier this week, Assemblyman Anthony Portantino reintroduced a bill that “would require police to document their progress in testing evidence from rapes, after Gov. Arnold Schwarzenegger vetoed similar legislation earlier this month.”

The bill “would require law enforcement agencies, starting in 2010, to report to the state Department of Justice the number of rape kits they received and tested.” CALCASA supported similar legislation earlier this year.

Portantino said “requiring police to accurately track their records on testing rape kits would provide more accountability to the public.”  The Assemblyman plans to present the bill to lawmakers when the regular legislative session begins in January.

End of Session Legislative Wrap-Up

October 11th marked the last day for Governor Schwarzenegger to sign or veto legislation that had made its way to his desk. After a long session fraught with protracted battles over the budget deficit, water and other divisive issues, many associations and institutions are counting themselves among the lucky few to have survived the process.

Essential Elements of Specialized Probation Initiatives

Last week, the Council of State Governments (CSG) Justice Center announced the release of Improving Responses to People with Mental Illnesses: The Essential Elements of Specialized Probation Initiatives.

Working with the Media: Creating New Contexts

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. Continue reading by clicking here.

OpEd: Chicago Police Stonewall on Rape Investigations

Julie was a graduate student at the University of Chicago when, in 2007, she was raped by a man she had been introduced to that night as a friend’s new boyfriend. They were at a bar, and he was “acting weird toward me. He kept touching me and I kept pushing him away.” The man’s behavior attracted the attention of the club’s manager and bouncer, who kicked him out.

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.

October 11th marked the last day for Governor Schwarzenegger to sign or veto legislation that had made its way to his desk. After a long session fraught with protracted battles over the budget deficit, water and other divisive issues, many associations and institutions are counting themselves among the lucky few to have survived the process.

For CALCASA, this year has been challenging though we have had tremendous success in light of political and economic turmoil. Eleven pieces of legislation that CALCASA had sponsored or chosen to support were ultimately signed by the Governor.

• SB 588 (Committee on Public Safety) Sex Offender Management Board. SB 588 ensures the continued existence of the state’s SOMB –created to assess the practices in managing adult sex offenders under supervision, identify best practices and make recommendations on how to implement changes – past its January 1, 2010 sunset date.

• SB 325 (Alquist) Sex offenders: assessments. SB 325 expands the breadth of existing sex offender risk assessment practices – strengthening the process to help ensure these assessments are reliable enough to be held up in court challenges.

• SB 432 (Runner) Crime victims: restitution. SB 432 authorizes the court and the counties, whenever a person who has been ordered to pay restitution to a victim to provide the victims contact information to the Department of Corrections and Rehabilitation, along with the restitution order. This will enable the department to distribute restitution collected on the victim”s behalf.

• SB 447 (Yee) Criminal records: custodian. SB 447 requires the Department of Justice to establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances for such professionals designated as the custodian of record.

• SB 314 (Calderon) Crime victims. SB 314 works to ensure the solvency of the Victims Restitution Fund by giving higher priority to cases where penalties are owed in order to speed collection.

• SB 583 (Hollingsworth) Sex offenders. SB 583 requires the Department of Justice to record each address at which a registered sex offender resides with a unique identifier and the nature of the dwelling.

• SB 668 (Hollingsworth) Sex offenders. SB 668 requires that the registration, preregistration, or reregistration be signed under penalty of perjury.

• SB 669 (Hollingsworth) Sexually violent predators. SB 669 requires that, at the hearing on the issue of whether the committed person should be conditionally released or unconditionally discharged, where the person’s failure to participate in or complete the State Department of Mental Health Sex Offender Commitment Program may, if proved, be considered evidence that his or her condition has not changed.

• AB 17 (Swanson) Human trafficking. AB 17 increases fines on these crimes to $20,000 per count. Additionally, abduction or procurement of a minor would be categorized as a criminal profiteering activity, which could force those convicted of human trafficking to forfeit assets connected to those crimes.

• AB 73 (Hayashi) Marriage licenses: vital records: fees: domestic violence. AB 73 authorizes the Alameda Country Board of Supervisors to use a certain percentage of fees, from marriage licenses and vital records, for domestic violence programs.

• AB 595 (Adams) Placement of children: criminal background checks. AB 595 prohibits placement of foster children with individuals convicted of certain crimes, including sex crimes.

Any bill with an associated cost to the state was under significant scrutiny and most never made it out of committee for that reason. With that in mind, the inclusion of so many CALCASA sponsored and supported bills is a testament to the important work our members are doing and the support you’ve shown in the process. We are thankful to all of our members of the Grassroots Online Advocacy Center. If you haven’t signed up yet, please do so now so you can help make a difference in California and US policy.

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

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

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. The Governor must sign any new laws by Sunday.

The Governor will not take “action on more than 700 other pending bills, and legislators fear he may veto many of those if the water package doesn’t come through.”

Below is a round-up of recent stories relating to the water deal and pending bills:

• Governor: Give me Delta deal first, then I’ll sign bills — With a midnight Sunday deadline looming, Gov. Arnold Schwarzenegger is refusing to act on hundreds of bills awaiting his signature — a bid to spur legislative leaders into finally overhauling the environmentally fragile Sacramento-San Joaquin River Delta. Denis C. Theriault in the San Francisco Chronicle — 10/9/09
• Schwarzenegger goes public with blanket veto threat – Gov. Arnold Schwarzenegger threatened publicly Thursday what he has hinted privately for days: He will veto many of the 700-plus bills on his desk unless a water deal is struck this week. Jim Sanders in the Sacramento Bee — 10/9/09
• Big Five tries to close on elusive statewide water deal: Legislative leaders and senior staff met with the governor for more than two hours Wednesday, after a similar meeting the day before ended amid a heated exchange between Senate leader Darrell Steinberg, D-Sacramento, and Senate Republican leader Dennis Hollingsworth, R-Murrieta. Anthony York in Capitol Weekly — 10/7/09
• Skelton: Schwarzenegger’s heavy-handed threat is justified: The governor vows to kill hundreds of bills unless lawmakers deliver a measure on water. The issue justifies the tough stance. George Skelton in the Los Angeles Times — 10/7/09
• Delta’s future hinges on money as Sacramento legislators debate water-policy bills: The first effort in a generation to fix California’s all-important water policy appears to be stalled by the only commodity that seems more valuable: money. Matt Weiser in the Sacramento Bee — 10/8/09

From The Council of State Governments (CSG) Justice Center

Earlier this week, The Council of State Governments (CSG) Justice Center announced its launch of the National Reentry Resource Center—an unprecedented initiative to advance the safe and successful return of individuals from prisons and jails to their communities. Among those served by the resource center will be states, tribes, territories, local governments, service providers, nonprofit organizations and adult and juvenile corrections institutions.

The CSG Justice Center was selected through a competitive grant process by the Bureau of Justice Assistance, U.S. Department of Justice, to develop and direct the resource center in collaboration with the Urban Institute, American Probation and Parole Association, Association of State Correctional Administrators, and the Center for Juvenile Justice Reform at Georgetown University, and an advisory board of 25 national organizations serving the reentry field.

Authorized by the Second Chance Act of 2007 (P. L. 110-199), the resource center will provide communities across the country with the best thinking on complex reentry issues, comprehensive resources and myriad forms of support that can help reduce recidivism and strengthen neighborhoods and families. It will provide needed training and technical assistance to Second Chance Act grant recipients and provide a single point of contact for the many individuals and organizations that are committed to reentry issues.

The National Reentry Resource Center will continue the CSG Justice Center’s commitment to collaboration and will draw on the experience and expertise of its many valued partner organizations, as well as its own work in the field.

For more information, visit the resource center’s Website at www.nationalreentryresourcecenter.org, where reentry research, publications and tools will be continually added and updated. To learn more about the Second Chance Act grants, see the U.S. Justice Department release.

Information from Sen. Franken’s office

Yesterday, the amendment offered by U.S. Sen. Al Franken (D-Minn.) to stop funding defense contractors who deny assault victims their day in court passed the United States Senate by a vote of 68 – 30.

Last Thursday, Sen. Franken introduced an amendment (S.2588) to the FY2010 Defense Appropriations Bill that would restrict funding to defense contractors who commit employees to mandatory binding arbitration in the case of sexual assault. The legislation, endorsed by 61 women’s, labor and public interest groups, was inspired by the story of Jamie Leigh Jones, who watched the vote from the Senate gallery today.Senator Franken said:

I’m proud of what we accomplished today. Victims of sexual assault deserve their day in court and no corporation should be able to deny them that right. Jamie’s courage in telling her story will help women all over this country and I’m honored to have been a part of that.

“I am highly honored that Senator Franken and his wife have created this amendment to ensure that others do not have to endure the suffering that I have,” said Jones. “This amendment makes all the hard times that I have gone through, when going public with such a personal tragedy, worth every tear shed from telling and retelling my horrific experience. I know this amendment will save so many in the future.”

Specifically, Sen. Franken’s amendment:

• Does not require contractors to change or modify existing employment contracts.  It only bars funds to contractors who continue to use these mandatory arbitration clauses in their employment contracts.
• Narrowly targets the most egregious violations and applies to defense contracts, many of which are administered abroad, where women are the most vulnerable and least likely to have support resources.  The amendment will apply to many contractors that have already demonstrated their incompetence in efficiently carrying out defense contracts, and have further demonstrated their unwillingness and their inability to protect women from sexual assault.
• Applies to claims arising out of sexual assault, like assault & battery (including rape), intentional infliction of emotional distress, and negligent hiring, retention, and supervision, as well as Title VII civil rights claims, which were specifically designed to protect vulnerable groups in the workplace.

Last week, Sen. Al Franken (D-Minn.) introduced an amendment to the Defense Appropriations Bill that would ban the practice of committing employees to arbitration in the case of assault. The legislation was inspired by the story of Jamie Leigh Jones and is currently pending in the Senate.

Jones was a 19-yr-old employee of defense contractor KBR stationed in Iraq who was gang raped by her co-workers and imprisoned in a shipping container when she tried to report the crime. Her father and congressman worked together to secure her safe return to the United States, but once she was home, she learned a fine-print clause in her KBR contract banned her from taking her case to court, instead forcing her into an “arbitration” process that would be run by KBR itself.

“Arbitration is conducted behind closed doors, doesn’t allow you a jury of your peers, and fails to establish precedent,” said Sen. Franken. “Many of our nation’s most cherished civil rights were established by individuals bringing claims in court. Arbitration has its place in our system, but handling claims of sexual assault and egregious violations of civil rights is not its place.”

The amendment seeks to narrowly target the most egregious violations and applies to defense contracts, many of which are administered abroad, where women are the most vulnerable and least likely to have support resources. The amendment will apply to many contractors that have already demonstrated their incompetence in efficiently carrying out defense contracts, and have further demonstrated their unwillingness and their inability to protect women from sexual assault.

Several organizations have endorsed Sen. Franken’s amendment, including Minnesota NOW, the National Alliance to End Sexual Violence (NAESV), the National Coalition Against Sexual Assault, the Sexual Violence Center, Legal Momentum, National Employment Lawyers Association, the Leadership Council on Civil Rights, the Consumers Union, the National Association of Consumer Advocates, the Lawyers Committee for Civil Rights Under Law, and US PIRG.

“This amendment reflects a critically important step in safeguarding the rights of those who have experienced discrimination in the form of sexual violence, harassment and stalking,” said Donna Dunn, Executive Director of the Minnesota Coalition Against Sexual Assault. “We know that justice for victims of violence often seems elusive. It is very important that each person have the right to assess and choose the options that they believe best fit their needs. This amendment is a giant step in that direction.”

“No survivor of sexual assault should be denied the ability to seek justice,” said Terri Poore, Policy Chair of NAESV. “Asking a victim to enter into arbitration with someone who raped her or a company that wouldn’t protect her is outrageous and sends a clear message that such violence is simply not taken seriously.”

Legislature sends CALCASA bills to the governor’s desk

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.

Mental Health Courts: A Guide to Research-Informed Policy and Practice

from the Council of State Governments Justice Center

The Council of State Governments Justice Center released a new report called, Mental Health Courts: A Guide to Research-Informed Policy and Practice. This guide summarizes the research on mental health court design, function and efficacy.

Understanding National Rape Statistics

Understanding National Rape Statistics, by Dean Kilpatrick and Jenna McCauley (September 2009), is now available at the National Sexual Violence Resource Center (NSVRC).

Lifting Ban on Counseling for Prisoner Rape Survivors

from Just Detention International

Rape is devastating – no matter where the assault occurs. It is also a crime – regardless of whether the victim is detained or lives in the community. Survivors of such crimes need and deserve support services, such as crisis counseling. Unfortunately, in the U.S. today, countless prisoners who are sexually assaulted while incarcerated are excluded from these life-saving services. Why?

California Struggles With Paroled Sex Offenders

By SOLOMON MOORE

Darrell Littleton, a California parole agent, checks on “his guys,” parolees in the Escondido area.

One got drunk and exposed himself to a jogger in a public park. Another was a fire captain until he molested his 13-year-old stepdaughter, went to prison and lost his wife, his job and his home. Now the man sleeps behind a drive-through restaurant.

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.

from the Council of State Governments Justice Center

The Council of State Governments Justice Center released a new report called, Mental Health Courts: A Guide to Research-Informed Policy and Practice. This guide summarizes the research on mental health court design, function and efficacy. It examines available studies and translates the findings to help policymakers and practitioners understand their design and function, as well as their success.

This project was conducted by the Council of State Governments Justice Center with support from the John D. and Catherine T. MacArthur Foundation.

You can download a copy of the report on the Consensus Project courts website or by clicking here.

Week of August 31th

Below is a summary of what happened this week with bills that CALCASA is tracking through the state legislature. The list includes bills that CALCASA is sponsoring, supporting and watching. We included links to each bill, so that you can read the text. All bills over $150,000 are sent to suspense and reconsidered later in the legislative session.

ASSEMBLY – SENATE THIRD READING FILE

SB 588 (Committee on Public Safety) Sex Offender Management Board.
CALCASA Position: Sponsor
9/3/2009 From SENATE: Passed Assembly to ENROLLMENT.
Current Location: S-Enrollment

SB 197 (Pavley) Domestic violence proceedings: conditional examination of witnesses.
CALCASA Position: Watch
Status: 9/3/2009 In Senate. To unfinished business.
Current Location: 9/3/2009 S-UNFINISHED BUSINESS

SB 557 (Yee) Human trafficking: property: nuisance.
CALCASA Position: Watch
Status:9/2/2009 In Senate. To unfinished business.
Current Location: 9/2/2009 S-UNFINISHED BUSINESS

SB 188 (Runner) Temporary restraining orders: private postsecondary institutions.
CALCASA Position: QUESTIONS
Status: 8/27/2009 From Consent Calendar to third reading.
Current Location: 8/27/2009 A-THIRD READING

ASSEMBLY – UNFINISHED BUSINESS CONCURRENCE IN SENATE AMENDMENTS

AB 1270 (Torrico) Victim’s compensation: procedure.
CALCASA Position: Support
Status: 9/2/2009 Senate amendments concurred in. To enrollment.
Current Location: 9/2/2009 A-ENROLLMENT

SENATE – ASSEMBLY BILLS-SECOND READING FILE

AB 1017 (Portantino) Sexual assault crimes.
CALCASA Position: Support
Status: 9/3/2009 In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.
Current Location: 9/3/2009 A-CONCURRENCE

AB 307 (Cook) Sex offenders: working with minors.
CALCASA Position: Watch
Status: 9/3/2009 Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 37. Noes 0.)
Current Location: 9/3/2009 A-CONCURRENCE

SENATE – ASSEMBLY BILLS-THIRD READING FILE

AB 73 (Hayashi) Marriage licenses: vital records: fees: domestic violence.
CALCASA Position: Support
Status: 9/3/2009 Assembly Rule 77 suspended. Senate amendments concurred in. To enrollment.
Current Location: 9/3/2009 A-ENROLLMENT

AB 382 (Ammiano) Department of Corrections and Rehabilitation: inmates and wards: classification.
CALCASA Position: Support
Status: 9/3/2009 Read third time, passed, and to Assembly. (Ayes 23. Noes 14.)
Current Location: 9/3/2009 A-CONCURRENCE

AB 988 (Brownley) Human trafficking: training content.
CALCASA Position: Support
Status: 9/3/2009 In Assembly. To enrollment.
Current Location: 9/3/2009 A-ENROLLMENT

AB 807 (Fuentes) Restitution centers.
CALCASA Position: QUESTIONS
Status: 9/3/2009 Read third time, passed, and to Assembly. (Ayes 26. Noes 7.)
Current Location: 9/3/2009 Read third time, passed, and to Assembly. (Ayes 26. Noes 7.)

Suzanne Brown-McBride is the Executive Director of CALCASA as well as the chair of California’s Sex Offender Management Board. Brown-McBride was recently interviewed for a story about Jaycee Lee Dugard and discussed state policies governing sex offenders.

Listen to the interview here:

Week of August 24th

Below is a summary of what happened this week with bills that CALCASA is tracking through the state legislature. The list includes bills that CALCASA is sponsoring, supporting and watching. We included links to each bill, so that you can read the text. All bills over $150,000 are sent to suspense and reconsidered later in the legislative session.

Assembly Appropriations

SB 588 (Committee on Public Safety) Sex Offender Management Board.

• CALCASA Position: Sponsor
• Status: Do Pass
• Current Location: A-APPR. SUSPENSE FILE

Senate Appropriations

AB 307 (Cook) Sex offenders: working with minors.

• CALCASA Position: Watch
• Status: Senate Rule 28.8
• Current Location: S-Second Reading

AB 1017 (Portantino) Sexual assault crimes.

• CALCASA Position: Support
• Status: Do Pass
• Current Location: S-APPR. SUSPENSE FILE

Week of August 17th

Below is a summary of what happened this week with bills that CALCASA is tracking through the state legislature. The list includes bills that CALCASA is sponsoring, supporting and watching. We included links to each bill, so that you can read the text. All bills over $150,000 are sent to suspense and reconsidered later in the legislative session.

Assembly

AB 807 (Fuentes) Restitution centers.

• Status: 8/19/2009 Read second time. To third reading.
• Current Location: 8/19/2009 S-THIRD READING
• CALCASA Position: Questions

AB 1017 (Portantino) Sexual assault crimes.

• Status: 8/19/2009 From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
• Current Location: 8/19/2009 S-APPR. SUSPENSE FILE
• CALCASA Position: Support

Senate

SB 188 (Runner ) Temporary restraining orders: private postsecondary institutions.

• Status: 8/20/2009 From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (Heard in committee on August 19.)
• Current Location: 8/20/2009 A-CONSENT CALENDAR
• CALCASA Position: Watch

SB 273 (Corbett) Domestic violence.

• Status: 8/20/2009 From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (Heard in committee on August 19.)
• Current Location: 8/20/2009 A-CONSENT CALENDAR
• CALCASA Position: Watch

The full membership of the Legislature has returned to the Capitol, with both Assembly and Senate floor sessions slated for the early afternoon.

CALCASA will continue to keep you posted on what happens with bills that we are tracking through the state legislature. One way to stay connected is by subscribing to our blog and reading our Friday Legislative Wrap-Up.

By clicking here, you can review our bill tracking list.

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

When a woman is raped, police turn to scientific evidence-semen, blood and tissue samples-to identify her attacker. The evidence is collected through a medical exam of the victim, who is not supposed to pay for this crime-solving process.

But 15 years after Congress passed a law to ensure that rape victims would never see a bill, loopholes and bureaucratic tangles still leave some victims paying for hospital expenses and exams, which can cost up to $1,200.

Click here to read the full article.

The Washington Times reported earlier today that many states are finding it difficult to comply with the Adam Walsh Act.

Attorney General Eric H. Holder Jr. granted a 1 year extension earlier this month because no states were able to meet the deadline. Many states are now struggling “with what they can and will do to satisfy the guidelines when they take effect in July 2010.”

The California Sex Offender Management Board is “urging the state not to comply with the act, which will involve ‘substantial and unreimbursed costs.’ To offset the $2.1 million that would be lost in federal funding, the agency suggests using other resources to ensure local law enforcement and other programs are not affected. The board says the state’s current registry is sufficient.”

Click here to read the full article.

Earlier today, the Sacramento Bee posted the following editorial about the unintended consequences of Jessica’s Law:

Sometimes bad laws have a way of coming back to bite the people most responsible for enacting them. That’s the case with state Sen. George Runner, the principal sponsor of Proposition 83, the 2006 initiative popularly known as Jessica’s Law, which voters approved overwhelmingly.

Among other things, the law severely restricts where sexual offenders can live after they are released from prison. Under its provisions, those convicted of rape or child molestation or even misdemeanor indecent exposure cannot live within 2,000 feet of a school or a park.

Click here to continue reading.

In a recent article, Caroline Johnston-Polisi examined how spousal rape laws have changed in the United States. She pointed out that “the ‘marital rape exemption’ still exists in many states’ laws, even though all 50 states now criminalize spousal rape. Plea bargains can also lead to more lenient sentencing.”

Click here to read the full article.

From the National Alliance to End Sexual Violence

The Senate Appropriations Committee past its FY 2010 appropriations bill for the Departments of Commerce, Justice, NASA, the National Science Foundation and several independent agencies. Overall, the bill totals $64.9 billion in discretionary spending for FY 2010, an increase of about $7.3 billion over last year and $200 million above the President’s budget request.

The Committee provides $435 million for the Office on Violence Against Women INCLUDING $15 million for the Sexual Assault Services Program. This is $2 million more than in the house bill.

Highlights of the FY 2010 CJS Appropriations bill passed by Appropriations Committee include:

• $15 million for SASP
• $200 million for STOP Grants
• $9.5 million for Campus Grants
• $41 million for Rural Grants
• $60 million for Grants to Encourage Arrest
• $45 million for Civil Legal Assistance;
• $3 million for Services for Children who Witness Violence
• $3.5 million for STARY (Advocates for Youth)
• $3 million for Engaging Men and Boys
• $1 million for Tribal Sex Offender Registry
• $1 million for Research on Violence Against Women
• $500,000 for National Resource Center on Workplace Response
• $4.25 million for Elder Abuse
• $6.75 million for Education and Training for Disabled Female Victims

In addition, the VOCA cap is $705 million.

This is GREAT news specifically related to SASP and we must now forge ahead to ensure that the higher number for the program is eventually agreed to in the final appropriations bill signed by the President!

You can view the Committee’s full statement by clicking here.

Earlier this week, CNN reported on the high rates of sexual assault on cruise ships and the difficulty in reporting and prosecuting sex crimes.

The story also discussed the introduction of the “2009 Cruise Vessel Security and Safety Act, which requires the cruise industry to publicly report crimes and improve safety on board. It mandates peepholes and security latches in cabins. This week, several victims of cruise crimes will meet with senators to discuss the issue.”

In addition, Laurie Dishman was featured in the story. Dishman, is a member of the CALCASA Speaker’s Bureau, was a keynote speaker at Denim Day ‘07, and has been advocating to change cruise industry policies.

Laurie Dishman, 38, testified before Congress that she was raped aboard a Royal Caribbean ship three years ago. She said cruise staff instructed her to gather evidence, so she and a friend went to the cabin where the assault occurred and piled her clothes and bed sheets into plastic bags they were given.

“We didn’t know what we were doing,” says Dishman. She said she was later told by authorities there wasn’t enough evidence to prosecute a criminal case. “It makes me frustrated looking back that the cruise lines didn’t handle evidence properly.”

In early 2008, Dishman’s suit against Royal Caribbean was settled.

Click here to read the article.

On Thursday, Gov. Arnold Schwarzenegger “followed up on his threat to block a high-interest loan that could be needed to keep California government running if he and state lawmakers fail to balance the budget soon.”

The Governor told the Times’ editorial board on Wednesday that, “What we need to do is just to basically cut off all the funding and just let them have a taste of what it is like when the state comes to a shutdown — grinding halt.”

Earlier this week, Controller John Chiang said “California government faces a ‘meltdown,’ with the treasury set to empty by late July unless the projected $24-billion budget shortfall is resolved quickly.”

Lawmakers must resolve the projected budget shortfall by July 1.

For more budget updates, read:

• Interactive: California budget balancer
• Governor revokes borrowing ability
• Speaker in hot seat as Democrats debate California budget

Below is a small round-up of stories about yesterday’s Special Election:

California voters kill budget measures – California voters delivered a potent defeat Tuesday to Gov. Arnold Schwarzenegger and Capitol lawmakers, dismissing a slate of ballot measures championed as the best way to address the state’s latest deficit crisis. Eric Bailey in the Los Angeles Times — 5/20/09

California Voters Reject Measures to Keep State Solvent — The results dealt a severe setback to the state’s fragile fiscal structure and to Gov. Arnold Schwarzenegger and the state legislators who cobbled together the measures as part of a last-minute budget deal passed in February. JENNIFER STEINHAUER in the New York Times — 5/20/09

California Voters Reject Budget Measures — Californians on Tuesday rejected a series of ballot initiatives to help fix the state’s massive budget shortfall, as authorities prepared deep spending cuts in anticipation of the measures’ defeat. JIM CARLTON and STU WOO in the Wall Street Journal — 5/20/09

Walters: Angry voters whack budget, politicians — Schwarzenegger’s 11th hour prediction of fiscal calamity failed to sway voters and an odd-bedfellows alliance of right- and left-wing opponents, although heavily outspent by the governor and his allies, dominated a low-turnout special election. Dan Walters in the Sacramento Bee — 5/20/09

California voters exercise their power — and that’s the problem — Residents relish their role in the lawmaking process, but they share the blame for the state’s severe dysfunction. Michael Finnegan in the Los Angeles Times — 5/20/09

Below is a summary of what happened this week with bills that the California Coalition Against Sexual Assault (CALCASA) is tracking through the state legislature. We included links to each bill, so that you can read the text.  All bills over $150,000 are sent to suspense and reconsidered later in the legislative session.

Assembly Judiciary Committee

AB 1081 (Torrico) Electronic monitoring: domestic violence.
Status: Do pass as amended and be re-referred to the Committee on Appropriations.
CALCASA Position: Watch

Senate Business, Professions and Economic Development Committee

SB 496 (Maldonado) Real estate: sex offenders.
Status: 4/28/2009 Re-referred to Com. on PUB. S. Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 705.) Reconsideration granted.
CALCASA Position: Concerns

Assembly Public Safety Committee

AB 17 (Swanson) Human trafficking.
Status: 4/28/2009 Do pass as amended and be re-referred to the Committee on Appropriations.
CALCASA Position: Support

AB 768 (Torres) Elder abuse.
Status: 4/28/2009 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 0.) (April 28).
CALCASA Position: Support

AB 988 (Brownley) Human trafficking: civil actions: training of caseworkers.
Status: 4/28/2009 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (April 28).
CALCASA Position: Support

AB 1392 (Tran) Vandalism: Graffiti and Gang Technology Fund.
Status: 4/28/2009 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 28).
CALCASA Position: Watch, Spot Bill

Senate Public Safety Committee

SB 110 (Liu) People with disabilities: victims of crime.
Status: 4/28/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Support

SB 174 (Strickland) Public safety and welfare.
Status: 4/28/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Watch, Spot Bill

SB 203 (Harman) Child pornography: separate offense per child: Internet distribution.
Status: 4/28/2009 Set, first hearing. Held in committee without recommendation.
CALCASA Position: Support

SB 265 (Runner) Parole: violators.
Status: 4/28/2009 Set, second hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 704.) Reconsideration granted.
CALCASA Position: Watch

SB 314 (Calderon) Crime victims.
Status: 4/29/2009 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 704.) Re-referred to Com. on APPR.
CALCASA Position: Support

SB 432 (Runner) Crime victims: restitution.
Status: 4/28/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Support

SB 496 (Maldonado) Real estate: sex offenders.
Status: 4/28/2009 Re-referred to Com. on PUB. S. Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 705.) Reconsideration granted.
CALCASA Position: Concerns

SB 504 (Runner) Sex offenders: monitoring by global positioning systems.
Status: 4/27/2009 Set, first hearing. Hearing canceled at the request of author.
CALCASA Position: Watch

SB 564 (Hollingsworth) Sexually violent predators.
Status: 4/28/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Questions

SB 566 (Hollingsworth) Monitoring devices: unauthorized removal, disabling, or tampering.
Status: 4/28/2009 Set, first hearing. Held in committee without recommendation.
CALCASA Position: Support

SB 583 (Hollingsworth) Sex offenders.
Status: 4/28/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Support

SB 584 (Hollingsworth) Sex offenders: Internet access.
Status: 4/28/2009 Set, second hearing. Held in committee without recommendation.
CALCASA Position: Watch

SB 668 (Hollingsworth) Sex offenders.
Status: 4/28/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Support

SB 669 (Hollingsworth) Sexually violent predators.
Status: 4/28/2009 Do pass as amended.
CALCASA Position: Support

SB 689 (Hollingsworth) Sex offenders: sexually violent predators: monitoring information.
Status: 4/28/2009 Set, first hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 706.) Reconsideration granted.
CALCASA Position: Support

SB 733 (Leno) Crime victims: trauma center grants.
Status: 4/29/2009 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 707.) Re-referred to Com. on APPR.
CALCASA Position: Concerns

Assembly Appropriations Committee

AB 16 (Swanson) Human trafficking.
Status: 4/29/2009 In committee: Set, first hearing. Referred to APPR. suspense file.
CALCASA Position: Support

AB 168 (Nava) Juvenile case files: sexually violent predator proceedings.
Status: 4/29/2009 In committee: Set, first hearing. Referred to APPR. suspense file.
CALCASA Position: Support

AB 503 (Furutani) Battered women’s shelters: grant program.
Status: 4/30/2009 From committee: Do pass. (Ayes 16. Noes 0.) (April 29).
CALCASA Position: Support

AB 731 (Villines) Child abuse sentencing: child becoming comatose or suffering paralysis.
Status:4/29/2009 In committee: Set, first hearing. Referred to APPR. suspense file.
CALCASA Position: Support

AB 807 (Fuentes) Restitution centers.
Status: 4/29/2009 In committee: Set, first hearing. Referred to APPR. suspense file.
CALCASA Position: Questions

Senate Education Committee

SB 188 (Runner ) Temporary restraining orders: schools.
Status: 4/30/2009 From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 9. Noes 0.) Re-referred to Com. on JUD.
CALCASA Position: Questions

Senate Health Committee

SB 273 (Corbett) Domestic violence.
Status: 4/29/2009 Do pass as amended, and re-refer to the Committee on Appropriations.
CALCASA Position: Watch

To read a complete list of bills being tracked by CALCASA, click here.

The Feminist Daily News reported this morning that late Wednesday night, the Senate passed the William Wilberforce Trafficking Victims Protection Act. The House passed the act earlier in the day.

The Act, H.R. 7311, authorizes appropriations for fiscal years 2008 through 2011 and enhances measures to combat trafficking in persons. The Act includes provisions making it easier for victims to remain in the U.S, provides $7.5 million for victim assistance and an increased focus on combating trafficking in children.

Eleanor Smeal, President of the Feminist Majority Foundation said,
“In addition to providing assistance to trafficking victims, this Act further puts the weight of the federal government behind efforts to combat trafficking for labor, sexual exploitation and child labor.”

Click here to read the full article.

SB 129 (Kuehl re: harassment by cellular and other devices) passed the Assembly Appropriations committee on consent today, with CALCASA support.

Under current law, telephone calls or electronic contacts that are threatening or obscene are a misdemeanor punishable by 6 months in county jail or $1000 fine or both, no matter where they are received. Repeated calls or electronic contacts made with intent to annoy is a misdemeanor punishable by 6 months in county jail or $1000 fine or both, only if made to a home or workplace. Contact made to cellular phones, by text message and by e-mail (including mobile e-mail messages) cannot be prosecuted under current law.

SB 129 brings California’s statute up to date by extending current law to include such calls or contacts, regardless of where they are received.

Week of January 7th

Legislature Returns to the Capitol

The full membership of the Legislature returned to the Capitol this week. They are beginning the 2008 session with another $14 billion budget deficit hanging over their heads, leftover issues on their agendas and plans to expand health coverage.

On Tuesday, Gov. Arnold Schwarzenegger delivered his annual State of the State address and on Thursday, the Governor declared a fiscal emergency and offered proposals for slashing state programs and outlined a slim budget for the next fiscal year.

CALCASA will continue to urge the Governor and legislators to ensure that dollars designated for crime victims stay with victims and resist the temptation to borrow against the Crime Victims Compensation Fund as a way to address the budget shortfall.

CA Sex Offender Management Board Completes Public Hearings

The California Sex Offender Management Board held three public hearings in San Francisco, Bakersfield and San Bernardino. The meetings provided an opportunity for local law enforcement agencies, victim advocates, local government and community members to voice their concerns as they relate to sex offender management. The feedback is then gathered along with the expert testimony the board has received over the last 6 months and delivered to lawmakers through reports and ongoing guidance.

Candy Stallings, Executive Director of San Bernardino Sexual Assault Service, testified at one of the hearings stating that victim advocates “are exhausted. Every day we try to balance finding the funds to do our work, doing the work ourselves and yet the need is still so great.” She went on to discuss the importance of community collaboration and education when it comes to providing services to sexual assault victims and survivors, as well as the management of sex offenders in communities.

The board is set to finalize a report this month which will be taken to California lawmakers as an analysis of the state of sex offender management.

From Legal Momentum

The SAVE Act (H.R. 4088 and S. 2368) harms immigrant victims by undermining Violence Against Women Act protections

Immigrant women who are eligible for immigration relief and legal protection from abuse are being swept up as enforcement actions by immigration officials have increased. As a result they are being denied access to our legal system. This increased emphasis on enforcement leads to violations of federal laws by DHS officers, whose enforcement only focus blinds them to their obligations to implement all federal immigration laws, including those that protect immigrant victims (i.e. VAWA confidentiality).

The SAVE Act puts even more money into enforcing a broken immigration system, without fixing underlying problems, and will continue to deny immigrant women the basic right to access the justice system and police protection from violent crime. When the nation focuses on enforcement by putting money into border control, detention centers, fences, and media campaigns, immigrant victims of crime will be silenced.

Immigration exacerbates a woman’s vulnerability to domestic violence, sexual assault, trafficking, and other crimes. The SAVE Act will make it difficult for immigrant victims of domestic violence and sexual assault to safely report crimes to law enforcement. Our communities’ ability to hold abusers, rapists, and traffickers accountable through prosecution will be undermined when non-citizen victims are scared to report crimes or even seek out law enforcement. The SAVE Act’s focus on enforcement will enhance a victim’s fear and distrust of the legal system while strengthening the hand of crime perpetrators to threaten their victims with deportation if the victim seeks help in the justice system.

As a result of this Act, victims will be trapped in abusive relationships and sexual predators will remain unpunished and free to abuse again; immigrant victims will be afraid to contact law enforcement for help in stopping crimes. Separating immigrants from law enforcement jeopardizes the lives of immigrant women and children, and the safety of every community by undermining the hard won relationships developed over the years by community policing programs.

The SAVE Act stirs up fear and creates an environment in which immigrant victims of domestic violence, sexual assault, and trafficking will be even more vulnerable to abuse.

We oppose the SAVE ACT.

By Valerie Jenness, Cheryl L. Maxson, Kristy N. Matsuda, Jennifer Macy Sumner, Center for Evidence-Based Corrections, University of California Irvine

Inmate sexual assault is a public health and human rights issue as well as an administrative management problem in correctional facilities throughout the country.

This research was designed to contribute to a main goal of the Prison Rape Elimination Act of 2003 and the Sexual Abuse in Detention Elimination Act of 2005-to reduce sexual assault, including rape, in detention facilities in the U.S. This report draws on original self-report and institutional data to offer a systematic empirical assessment of inmate on-inmate sexual assault in California correctional facilities.

The study sheds insight into the contours of sexual assault in order to contribute to ongoing efforts to create viable interventions designed to prevent and respond to sexual assault in ways that are humane, effective, and constitutional.

Click here to read the entire report.

As the statewide coalition of rape crisis centers in California, CALCASA has worked diligently in 2007 to advocate for legislation that addresses the many issues that arise related to sexual assault. CALCASA supports a broad range of legislation that expands or enhances sexual assault victim services and prevention activities, promotes offender accountability and improves community safety and offender management strategies. The coalition has prioritized support for proposals that are culturally appropriate, evidence based and demonstrate a commitment to appropriate evaluation.

The 2007 California legislative session held several victories for victims and survivors of sexual assault. CALCASA staff tracked more than 100 bills, and helped generate more than 3,000 letters of support to Legislators. The Coalition took an active position on dozens of bills, 7 of which were signed by Governor Schwarzenegger in the first of a two-year session. Most CALCASA-supported bills that were not signed in 2007 are being considered again during the 2008 session which reconvenes on January 7th.

In addition to this legislative work, CALCASA has also been represented on the Governor’s High Risk Sex Offender Task Force, the California Sex Offender Management Board, the California Alliance to Combat Trafficking and Slavery Task Force and was a partner in the Governor’s High Risk Sex Offender Housing summit, the largest summit of it’s kind in the Nation. All of these successes are a testament to the wonderful work being done throughout the state by advocates for sexual assault victims and survivors.

We look forward to 2008, a season of continued success for sexual assault policy in California.

By National Center for Victims of Crime
October 17, 2007

The National Center for Victims of Crime hailed Tuesdays passage of legislation to improve the collection of restitution owed to federal crime victims as part of the Commerce-Justice-Science Appropriations bill. The legislation was attached to the bill through an amendment offered by Senators Byron Dorgan (D-ND) and Chuck Grassley (R-IA).

The legislation would amend provisions of the federal Mandatory Victims Restitution Act of 1996, providing new tools for officials at the U.S. Department of Justice to collect monies owed to crime victims by convicted offenders. A series of GAO reports from 2001 through 2005 highlighted significant problems in the collection of victim restitution. An estimated $46 billion in federal criminal debt remains uncollected, most of which is restitution owed to crime victims.

This legislation will make a real difference in the lives of countless federal crime victims, said Mary Lou Leary, executive director for the National Center for Victims of Crime. Senators Dorgan and Grassley have proven their commitment to bring justice to crime victims by ensuring that when offenders are ordered to pay for their wrongdoing, somebody collects on that bill.

Some of the most heartbreaking restitution cases, particularly prevalent at the federal level, involve elderly victims who have lost their life savings to fraud. The crime robs them not only of their money, but their sense of security and even their ability to remain independent and live in their own home. Unpaid restitution directly affects the ability of those victims to rebuild their lives.

The Commerce-Justice-Science Appropriations bill now moves to a House-Senate conference committee for consideration.

Governor Schwarzenegger announced over the weekend that he signed bills to increase protections for crime victims in California.

The following bills have been signed into law by the Governor.

AB 1172 by Assemblymember Sharon Runner (R-Lancaster): Requires the California Department of Corrections and Rehabilitation (CDCR) or Board of Parole Hearings (BPH) to notify prescribed persons when CDCR or the Department of Mental Health (DMH) is scheduled to release a sex offender. Increases to 60 days the period that DMH has to provide notification of a petition for conditional release scheduled for court hearing, specific placement location proposed by DMH to the court and court-ordered placement of an individual in the community by DMH. It also requires that copies of related documents be provided to the court and DMH.

AB 1509 by Assemblymember Todd Spitzer (R-Orange): Includes the crime of continuous abuse of a child in the list of specified violent felonies which prohibit a parolee from being returned to a location within 35 miles of the actual residence of a victim or witness.

SB 172 by Senator Elaine Alquist (D-San Jose): Makes clarifications and corrects technical errors in Jessica’s Law so it can be more effectively implemented. The bill also codifies the recommendations of the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee, comprising of the Department of Corrections and Rehabilitation, the Department of Mental Health and the Department of Justice.

SB 449 by Senator Sam Aanestad (R-Grass Valley): Expands the list of sex offenses where victims may request their names to be withheld, to include, among others, abduction of fraudulent inducement for prostitution, sale of person for immoral purposes, incest, aggravated sexual assault of a child, and arranging meeting with a minor for lewd or lascivious purposes.

The Governor said:

“We must do everything we can to protect Californians and keep crime victims shielded from their offenders. Ensuring that crime victims are treated with dignity and respect is a top priority in my administration and this package of legislation will protect them while helping to make our streets safer from dangerous criminals.”

Last year, Governor Schwarzenegger established a Crime Victim Advocate within the Governor’s office. This position coordinates state victim service programs, collaborates with key stakeholders and is the lead state advocate on policy impacting crime victims.

In 2005, the Governor sponsored Jessica’s Law and approved legislation to increase penalties for child rapists, child pornographers, and Internet predators. He also approved measures to: create a sex offender management board to help better track dangerous parolees.