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LEGISLATIVE UPDATE

January 28, 2011 Volume 1 | Issue 1

Legislative Tracking
As of Friday, January 28, 2011

AB 8 (Huber D) Division of by requiring school personnel to
Juvenile Justice: facilities: report known or suspected instances AB 13 (Knight R) Public
closures. of bullying to law enforcement school volunteers.
Status: 1/24/2011-Referred to Com. entities. Status: 1/24/2011-Referred to Com.
on PUB. S. on ED.
Location: 1/24/2011-A. PUB. S. AB 12 (Swanson D) Abolition Location: 1/24/2011-A. ED.
Summary: of Child Commerce, Summary:
Would prohibit the Division of Exploitation, and Sexual Would specify that each of these
Juvenile Facilities from closing any Slavery Act of 2011. provisions applies to charter schools.
youth correctional facility for a Status: 1/24/2011-Referred to Com. The bill would also prohibit persons
period of 6 months from the effective on PUB. S. who have been convicted of specified
date of this bill. The bill would state Location: 1/24/2011-A. PUB. S. sex, controlled substance, or violent
that it is expected that ongoing Summary: offenses from serving as nonteaching
activity levels at each division facility Would enact the Abolition of Child volunteer aides. This bill contains
shall equal activity levels in place Commerce, Exploitation, and Sexual other existing laws.
immediately prior to October 20, Slavery Act of 2011, and would
2010, and that the number of require that a person who is AB 40 (Yamada D) Elder
employees also be maintained at convicted of a crime involving abuse: reporting.
those levels during this period, as substantial sexual conduct, as Status: 1/24/2011-Referred to
specified. This bill contains other defined, with a victim who is under Coms. on AGING & L.T.C. and PUB.
related provisions. 16 years of age, or who seeks to S.
procure or procures the sexual Location: 1/24/2011-A. AGING &
AB 9 (Ammiano D) services of a prostitute, if the L.T.C.
Education: bullying. prostitute is a minor who is under 16 Summary:
Status: 12/7/2010-From printer. years of age, be ordered to pay an Would require the mandated
May be heard in committee January additional fine of $25,000 to be reporter to report the abuse to both
6. deposited in the Victim-Witness the local ombudsperson and the local
Location: 12/6/2010-A. PRINT Assistance Fund to be available for law enforcement agency. This bill
Summary: appropriation in the same manner as would also make various technical,
Would state the intent of the specified above. nonsubstantive changes. This bill
Legislature to enact legislation to contains other related provisions and
protect pupils from acts of bullying other existing laws.

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May be heard in for purposes of a criminal sentence.000 from the General Fund misdemeanor.000 Summary: fine. is guilty of human court order mandating the release of inmates. S. 2 year. January 28. additional offenses. States and returns illegally. Summary: Summary: Would remove the inmate's right to revoke his or her Would require that notification be sent 60 days prior to consent and make other conforming changes. juvenile court committee February 20. as specified. or a $1. May be heard in violates another person's liberty with the intent to effect committee February 24. If there is a change in county of Location: 1/24/2011-A. 2011 As of Friday. Legislative Tracking Legislative Update January 28. felony. The bill the scheduled release date of an inmate. or other monitoring device affixed Status: 1/21/2011-From printer. S. Account: appropriation. PRINT person a person under 16 years of age for the purpose of Summary: any lewd or lascivious act. PRINT by imprisonment in a county jail for one year. or by imprisonment in the state prison for to be deposited in the Local Safety and Protection 16 months. AB 178 (Gorell R) County jail: release pursuant Summary: to federal court order. PRINT placement after the 60-day notice is given. or probation is an offense punishable Location: 1/20/2011-A. contains other related provisions and other existing laws. as specified. May be heard in the department response to the longer notification committee February 24. including the defendant's promise to AB 142 (Fuentes D) Criminal procedure: pleas. Location: 1/24/2011-A. as specified. This bill an unanticipated change in the release date of an inmate. if he or she is deported from the United removing or disabling: offense. he or she could be charged Status: 1/25/2011-From printer. or both. or for the commission of certain minors. committee February 24. bill contains other related provisions and other existing Location: 1/13/2011-A. Status: 1/27/2011-From committee chair. unless the would delete the sunset date on existing law and make notification cannot be provided within the 60 days due to the above provision operative indefinitely. period. as specified. PRINT laws. Location: 1/24/2011-A. bill would conform the timeline for local comments and Status: 1/25/2011-From printer. May be heard in with a separate federal offense. or 3 years if the underlying offense is a Account. May be heard in writing by the jail personnel at the time of release. of an electronic. to sign a trafficking. This bill contains other related provisions violence parenting classes.400. May be heard in amendments: Amend. with author's Status: 1/25/2011-From printer. conforming changes. been deemed a habitual truant. PUB. or the felony of the Would require a defendant who is being released prior to procurement of minors in the preparation of material sentencing by county jail personnel. The bill would make other committee February 24. if the underlying offense was a Would appropriate $506. PUB. pertaining to a defendant who is released under his or her own recognizance. GPS. This committee February 13. on PUB. this bill would Summary: require that notification be sent by mail at least 30 days Would expand the authority of the juvenile court to order prior to the scheduled release date to the ultimate county the parent or guardian of a minor to attend antigang of placement. pursuant to a federal depicting sexual conduct by a minor. S. 2 . This bill contains other related provisions and release agreement with the same requirements as those other existing laws. to include a minor who has and other existing laws. AB 175 (Donnelly R) Inmates: transfers. This bill contains other related provisions and other existing laws. and re-refer to Com. and would prohibit any change in county placement less than 30 days prior to the release date unless due to an AB 177 (Mendoza D) Juveniles: parenting unanticipated change in a release date. PRINT Summary: AB 168 (Gorell R) Local Safety and Protection Would provide that unauthorized removal. or maintain the felony of making available to another Location: 1/24/2011-A. Would additionally provide that a person who deprives or Status: 1/25/2011-From printer. Read second time and amended. Location: 1/27/2011-A. disposition. appear at the time and place the defendant is given in Status: 1/14/2011-From printer. parole. The classes. 2011 AB 44 (Logue R) Inmates: release: notification. Status: 1/27/2011-Referred to Com. on PUB. S. PRINT Location: 1/27/2011-A. or who is within the jurisdiction of the juvenile court for habitual AB 90 (Swanson D) Human trafficking: disobedience or truancy. Summary: Would additionally require the court to advise the AB 179 (Gorell R) Electronic monitoring: defendant that.

and findings relating to the SB 9 (Yee D) Sentencing. This bill would require the department. Would require that the notice of proposed action also be Summary: submitted to the Legislature if it includes particular This resolution would recognize the month of January as information relating to economic and cost impacts of the National Slavery and Human Trafficking Prevention regulation on businesses and private persons. impacts review. as specified. ABX1 6 (Logue R) Regulations: economic AJR 1 (Donnelly R) Undocumented criminals. after January 1. PRINT Location: 12/6/2010-A. on RLS. PRINT Status: 1/25/2011-In Senate. This bill contains other related provisions and report. Status: 12/7/2010-From printer. This bill contains and to each victim of the crime or crimes for which that other related provisions and other existing laws. estimates. ABX1 3 (Logue R) Regulations: 5-year review as specified. and private individuals. small business. May be heard in report on regulations that it adopts or amends on and committee February 26. prisoner was sentenced to life without parole to submit a statements. and consumer impact of the office. The bill formats. Status: 12/7/2010-From printer. The bill would require. Status: 12/7/2010-From printer. The measure would provide that any pardon or commutation issued in violation of these ABX1 5 (Logue R) Regulations: legislative provisions is void. The bill would require the Office of commutation issued in violation of these provisions is Administrative Law to make the review and report void. Would additionally require a state agency to review and Status: 1/27/2011-From printer. This bill Month. statements. PRINT The bill would require that the review and report include Summary: 10 specified factors. at least one of which shall 3 . S. To Com. PRINT Summary: Summary: Would require the Governor. instead. the department to review these Summary: determinations. Legislative Tracking Legislative Update January 28. on January 1 next notice of the pardon or commutation to the agency that following a 90-day period after the date it is filed with the prosecuted the case in which the person was convicted. PRINT Summary: Summary: Would urge Congress and the President to restore full Would additionally require the department to adopt and funding for the State Criminal Alien Assistance Program update instructions for inclusion in the State and to fully reimburse states for the cost of incarcerating Administrative Manual that prescribe the methods that undocumented criminals. Location: 12/6/2010-A. Location: 1/19/2011-A. any agency shall use in making certain determinations. available on the office's Internet Web site. This bill contains other related provisions and other existing laws. statements. RLS. as contains other related provisions and other existing laws. 2011 form of public comment to be considered by the agency. ACR 6 (Donnelly R) Human trafficking. estimates. or court. estimates. Summary: Location: 1/25/2011-S. Secretary of State. Status: 1/20/2011-From printer. and other existing laws. if it age at the time of committing an offense for which the determines that an agency's determinations. PUB. notice. To print. to provide written regulation become effective. criteria. Location: 1/27/2011-A. Status: 1/27/2011-Read first time. 2011. person was convicted. on PUB. California's Free From Slavery Day. 2011 As of Friday. or findings are erroneous or otherwise petition for recall and resentencing to the sentencing inconsistent with the prescribed guidelines. economic and cost impacts of a regulation on businesses Status: 1/20/2011-Referred to Com. at least 30 days prior to Would require that a regulation or an order of repeal of a granting a pardon or commutation. to submit its determinations to the agency in the would establish certain criteria. January 28. except as provided. PRINT ACA 14 (Silva R) Governor: pardons and Summary: commutations. as specified. and it would recognize February 1. Status: 12/7/2010-From printer. 2012. including a summary of the written Would further prohibit the Governor from granting a criticisms of the regulation received by the agency within pardon or commutation during the 30-day period the immediately preceding 5 years and the estimated immediately preceding the end of his or her term of economic. and to the prosecuting agency. ABX1 4 (Logue R) Regulations: effective date. Location: 12/6/2010-A. instead of Location: 1/20/2011-S. and findings for Would authorize a prisoner who was under 18 years of content. S. The measure would provide that any pardon or regulation. PRINT Location: 12/6/2010-A. ACA 15 (Mansoor R) Governor: pardons and commutations. Location: 1/26/2011-A. authorize. 5 years after adoption.

violence prevention education consisting of age. including. RLS. guardian of a pupil has the right to excuse his or her child Summary: from all or part of the teen dating violence prevention Would provide that the 2. The bill would also create a new crime. on RLS. to be considered when a court custody of the department. a subscriber residence within the same county. PUB. on ED. on RLS. The bill would specify the required SB 54 (Runner R) Sex offenders: residency content and criteria for this additional instruction and restrictions: petition for relief. as part of the sexual health and Would declare the intent of the Legislature to enact health education program it provides to pupils in grades 7 legislation to impose sanctions for the possession of cell to 12. who are trained in the appropriate courses to provide this additional instruction. RLS. approving the residency requirements. any associated materials if a school district elects to Status: 1/20/2011-Referred to Com. day the person visits the inmate or ward. as developed by the state board Summary: pursuant to the bill. Summary: SB 26 (Padilla D) Prisons: cell phones. appropriate instruction. it would create a state-mandated local provide that if a person visiting an inmate or ward in the 4 . including. inclusive. when searched or subjected to decides whether to conduct a hearing on the petition for a metal detector. The bill would require the court to hold a card or memory storage device. filed. a SIM the petition. within which he or she resides for relief from the requirement. Location: 1/20/2011-S. This bill contains other related provisions and other existing laws. prevention. Legislative Tracking Legislative Update January 28. The bill would authorize a school district phones and other wireless devices by inmates in state to use school district personnel or outside consultants prisons. on PUB. The bill would require posted notices regarding SB 13 (Correa D) Pupils: teen dating violence those search and confiscation provisions. Would authorize a school district to provide teen dating Status: 1/20/2011-Referred to Com. but not limited to. as specified. Because this bill would guilty of a misdemeanor. on JUD. This bill contains other related provisions and other Status: 1/20/2011-Referred to Com. is failure to register a misdemeanor. SB 25 (Padilla D) Correctional facilities: wireless communication devices. existing laws. except as provided. as substantially comply with the intent of the people in specified. but shall be returned on the same apply retroactively. it shall be narrowly crafted in order to pertaining to the security breach notification. on RLS. punishable by a fine not impose additional duties on local sheriff departments and exceeding $5. or delivers. to an Would require these inmates. The bill would provide that a parent or Location: 1/20/2011-S. person. Location: 1/20/2011-S. subject to exceptions. is found to be in possession of a cellular recall and resentencing and additional criteria to be telephone or other wireless communication device or any considered by the court when deciding whether to grant component thereof. or business that is majority of sex offenders are unable to comply despite required to issue a security breach notification pursuant good faith efforts. Would provide. January 28. 2011 As of Friday. clear and convincing evidence that there is a pervasive Summary: lack of compliant housing in the county and that a Would require any agency. including changes of thereof. if they reside in this state. registration. The bill would provide that original SB 24 (Simitian D) Personal information: jurisdiction for the petition would lie with the appellate privacy. provide it. The bill would make identity module (SIM card) or memory storage device. Summary: Location: 1/20/2011-S. The bill prescribe the procedure for a parent or guardian to would permit a person who is subject to the residency exercise that right. The bill would require the petitioner to establish by Location: 1/20/2011-S. that cellular telephone or hearing if the court finds that the statements in the wireless communication device or component shall be defendant's petition are true.000 for each device. RLS. 2011 be asserted in the petition. S. This bill contains other related provisions. Status: 1/20/2011-Referred to Com. ED. SB 55 (Runner R) Parole: placement at release: Status: 1/20/2011-Referred to Com. S. JUD. and would the shortest practical pedestrian or vehicle path. This bill contains other related restriction to petition the superior court of the county provisions. as specified.000 feet shall be measured by education and any assessments related to it. but not limited to. Location: 1/20/2011-S. as specified. that a person who Summary: possesses with the intent to deliver. if relief is to existing law to fulfill certain additional requirements granted. The bill would subject to confiscation. inmate or ward in the custody of the Department of to register a residential address with the sheriff of the Corrections and Rehabilitation any cellular telephone or county in which they reside within 10 days of establishing other wireless communication device or any component residence or changing residence. The bill would require that. division of the superior court in which the petition is Status: 1/20/2011-Referred to Com.

Status: 1/26/2011-From printer. The bill would make related findings and declarations. Homeless. and Exploited Youth Act. Location: 1/24/2011-S. coordination. This bill contains other related provisions and Location: 1/20/2011-S. This bill contains other related provisions and other existing laws. & C. Legislative Tracking Legislative Update January 28. and exploited youth. and to present this plan to the Legislature by January 1. as specified. Location: 1/25/2011-S. 2013. and would require the California Emergency Management Agency to provide information. Location: 1/20/2011-S. JUD. 2013. and E. other existing laws. on JUD. SB 59 (Runner R) Parole: release. 2011 As of Friday. Summary: Would exempt persons placed on parole. and support services to public and private entities serving runaway. Homeless. homeless. from the provision that requires inmates released on parole to be returned to the county of last legal residence.A. RLS. as defined. 5 . to whom the above-referenced criteria apply. By CALCASA | Public Affairs creating new crimes. Summary: Would permit information received pursuant to these This is a production of provisions to be shared with the Department of Justice and other law enforcement agencies. PRINT Summary: Would enact the California Runaway. Status: 1/20/2011-Referred to Com. for specified youth under 18 years of age who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1. and exploited youth. This bill contains other related provisions and other existing laws. 2011 program. The bill would also require the agency to develop a statewide plan for runaway. this bill would impose a state- mandated local program. May be acted upon on or after February 24. Location: 1/20/2011-S. Status: 1/20/2011-Referred to Com. SB 123 (Liu D) California Runaway. Status: 1/25/2011-From printer. Status: 1/20/2011-Referred to Coms. RLS. on RLS. PRINT Summary: Would include with the definition of a community care facility an emergency youth shelter facility. May be acted upon on or after February 25. SCA 7 (Yee D) Public bodies: meetings. and Exploited Youth Act. January 28. notification requirement. Summary: Would also include in the California Constitution the SB 57 (Runner R) Sex offenders: social requirement that each public body provide public notice networking prohibition: online address of its meetings and disclose any action taken. upon request. homeless. on RLS. SB 119 (Lowenthal D) Emergency youth shelter facilities.