California Bills of Interest

Foster youth: transition from high school to postsecondary education.

Existing law provides for the formal out-of-home placement of young persons into alternative residential settings, which is known as foster care. Existing law establishes a system of elementary and secondary education in this state, including public and private elementary and high schools, as well as a system of postsecondary education in this state, including the University of California, the California State University, the California Community Colleges, and independent institutions of higher education. This bill would express the intent of the Legislature to enact legislation that would facilitate the transition of foster youth from high school to postsecondary education.

Introduced: 2014-12-01
Amended:
Status: 12/2/2014-From printer. May be heard in committee January 1.

Unmanned aircraft systems: task force.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. This bill would create the Unmanned Aircraft Systems Task Force , comprised of 10 members, as provided . The bill would require the task force to research, develop, and formulate a comprehensive policy for unmanned aircraft systems . The task force would be required to submit, among other things, a policy draft and suggested legislation pertaining to unmanned aircraft systems to the Legislature and the Governor throughout the term of the task force, on or before January 1, 2018. The bill would provide that these provisions are repealed on January 1, 2022.

Introduced: 2014-12-01
Amended: 2015-02-12
Status: 2/13/2015-Re-referred to Com. on TRANS.

Medical cannabis.

(1) Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature, commonly referred to as the Medical Marijuana Program Act, requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. This bill would enact the Medical Cannabis Regulation and Control Act and would create the Division of Medical Cannabis Regulation and Enforcement within the Department of Alcoholic Beverage Control, to be administered by a person exempt from civil service who is appointed by the Director of Alcoholic Beverage Control. The bill would grant the department the power to register persons for the cultivation, manufacture, testing, transportation, storage, distribution, and sale of medical cannabis within the state provided that the authority of a city or county to adopt ordinances inconsistent with the requirements of the act that ban, regulate, or tax medical cannabis activities, and to enforce those ordinances, would not be affected by the act. The bill would provide that the director and persons employed by the department to administer and enforce its provisions are peace officers. The bill would prescribe requirements for the issuance, renewal, suspension, and revocation of mandatory commercial registrations and fees in relation to these activities. The bill would permit the department to assist statewide taxation authorities in the development of uniform policies for state taxation of mandatory commercial medical cannabis registrants and to assist in the development of regulation in connection with work safety in this industry. The bill would authorize the division to establish a grant program for the purpose of funding medical cannabis regulation and enforcement. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-01
Amended:
Status: 12/2/2014-From printer. May be heard in committee January 1.

Medical cannabis: state regulation.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature, commonly referred to as the Medical Marijuana Program Act, requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. This bill would declare the intent of the Legislature to enact legislation that would establish a comprehensive and uniform state regulatory structure to govern the cultivation, processing, testing, and distribution of medical cannabis.

Introduced: 2014-12-01
Amended:
Status: 12/2/2014-From printer. May be heard in committee January 1.

Local government: federal surplus property.

Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, delivery of purchases before payment, or prevents the local agency from bidding on federal surplus property. Existing law, the Ralph M. Brown Act, requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons permitted to attend unless a closed session is authorized. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would prohibit a local agency from receiving surplus military equipment pursuant to the above-described federal law unless the legislative body of the local agency votes to approve the acquisition at a public meeting. The bill would also declare that this is a matter of statewide concern. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-14
Amended:
Status: 1/22/2015-Referred to Com. on L. GOV.

Unmanned aircraft systems.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases, including when the use or operation of the unmanned aircraft system achieves the core mission of the agency and the purpose is unrelated to the gathering of criminal intelligence, as defined. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-01
Amended: 2015-03-17
Status: 1/22/2015-Referred to Coms. on PUB. S. and P. & C.P.

Search warrants: electronic submission.

Existing law establishes various grounds for the issuance of a search warrant. Existing law requires a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. This bill would instead require an affiant to first sign his or her affidavit and send the proposed search warrant and all supporting affidavits and attachments to the magistrate, after which the affiant would make his or her oath during a telephone conversation with the magistrate. The bill would also delete the requirement that the affiant telephonically acknowledge receipt of the signed search warrant and would designate the completed search warrant, signed by the magistrate and received by the affiant, as the original warrant. This bill contains other existing laws.

Introduced: 2014-12-01
Amended:
Status: 1/22/2015-Referred to Com. on PUB. S.

Controlled substances.

(1) Existing law, as amended by the Safe Neighborhoods and Schools Act, a measure approved by the voters at the November 4, 2014, statewide general election, generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB), and flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year. Existing law also provides that when a person has one or more prior convictions for certain enumerated crimes, his or her possession of GHB is a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, and his or her possession of Ketamine and flunitrazepam is either a misdemeanor, punishable by imprisonment in the county jail for not more than one year, or a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would instead provide, without regard for a person’s prior convictions, that possession of Ketamine and flunitrazepam is either a misdemeanor, punishable by imprisonment in a county jail for not more than one year, or a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. The bill would also provide that the possession of GHB by a person who does not have a prior conviction for those certain enumerated crimes is either a misdemeanor, punishable by imprisonment in a county jail for not more than one year, or a felony, punishable in a county jail for 16 months, or 2 or 3 years. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-01
Amended: 2015-03-17
Status: 1/22/2015-Referred to Com. on PUB. S.

Unmanned aircraft systems.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases, including when the use or operation of the unmanned aircraft system achieves the core mission of the agency and the purpose is unrelated to the gathering of criminal intelligence, as defined. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-02
Amended:
Status: 1/22/2015-Referred to Coms. on PUB. S. and P. & C.P.

School safety plans.

Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools. Existing law requires the schoolsite council of a school to write and develop the school safety plan relevant to the needs and resources of the particular school. Existing law requires a schoolsite council or school safety planning committee, before adopting a school safety plan, to hold a public meeting at the schoolsite, as specified. Existing law requires schools to forward copies of their school safety plans to the school district or county office of education for approval. Existing law requires school districts and county offices of education annually to notify the State Department of Education regarding schools that fail to adopt a school safety plan. This bill would revise and recast those procedures. The bill would require each school to adopt its comprehensive school safety plan by March 1, 2016, and to review and update its plan by March 1 of every 3rd year thereafter. The bill would require, no later than October 15, 2016, and every 3rd year thereafter, each superintendent of a school district or county office of education to provide written notification to the Superintendent of Public Instruction identifying each school within the school district or county that has not complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-02
Amended:
Status: 1/22/2015-Referred to Com. on ED.

School safety programs: funding.

The School Safety Violence Protection Act establishes the School Safety and Violence Prevention Strategy Program, which is administered by the Superintendent of Public Instruction, for the purpose of providing grant funding to schools and school districts to promote school safety and violence prevention programs among children and youth in the public schools. This bill would authorize the Superintendent to consult with the Board of State and Community Corrections, the State Department of Social Services, and the State Department of Public Health on school violence prevention and intervention in order to carry out one or more of the purposes of the programs established under the School Safety and Violence Prevention Strategy Program. This bill contains other related provisions and other existing laws.

Introduced: 2014-12-15
Amended:
Status: 1/22/2015-Referred to Coms. on ED. and TRANS.

Local law enforcement: body-worn cameras: matching grant program.

Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment. This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described.

Introduced: 2014-12-17
Amended: 2015-03-19
Status: 1/22/2015-Referred to Com. on PUB. S.

Peace officers: cameras.

Existing law makes it a crime to intentionally record a confidential communication without the consent of all parties to the communication. Existing law exempts specified peace officers from that provision if they are acting within the scope of their authority. This bill would state the intent of the Legislature to enact legislation to require local police departments that utilize police body-worn cameras to follow policies and procedures that will streamline best practices to better enhance the quality of the services that those departments provide to Californians. The bill would state the intent of the Legislature to enact legislation to create a task force to study the effectiveness of body-worn cameras and make policy recommendations. The bill would state the intent of the Legislature to enact legislation that best fits the recommendations of this task force.

Introduced: 2014-12-17
Amended:
Status: 1/5/2015-Read first time.

Interagency Task Force on the Status of Boys and Men of Color.

The California Constitution prohibits a person from being deprived of life, liberty, or property without due process of law, or from being denied equal protection of the laws. The United States Constitution prohibits a state from denying to any person within its jurisdiction the equal protection of the laws. Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. This bill would create the Interagency Task Force on the Status of Boys and Men of Color, a multiagency advisory body that would serve as a support mechanism for department agency and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color in California, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. The membership of the task force would include members of the Legislature, as well as representatives of specified agencies, departments, and private entities. The bill would set forth the initial and ongoing responsibilities of the task force, including, among others, an assessment of state program alignment with the objectives of the My Brother's Keeper program and the Assembly Select Committee on the Status of Boys and Men of Color in California, and the development of strategies to enhance positive outcomes and eliminate or mitigate negative outcomes for boys and men of color in the state. This bill would establish the Boys and Men of Color Task Force Fund, to carry out the bill's requirements in support of the task force, upon appropriation by the Legislature. The bill would authorize the task force to accept federal funds, gifts, donations, grants, or bequests for all or any of its purposes. This bill contains other related provisions and other existing laws.

Introduced: 2015-01-05
Amended: 2015-03-16
Status: 2/17/2015-Referred to Com. on A. & A.R.

Forensic testing: DNA samples.

Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election (the DNA Act) requires that any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law requires that blood specimens and buccal swab samples be forwarded promptly to the Department of Justice for analysis. Existing case law holds that the DNA Act, to the extent it requires felony arrestees to submit to a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a warrant, or a judicial or grand jury determination of probable cause, unreasonably intrudes on the arrestee's expectation of privacy and is invalid under the California Constitution. The DNA Act provides that it may be amended by a statute passed by each house of the Legislature that furthers the purpose of the measure. This bill would state that it is the intention of the Legislature to further the purposes of the DNA Act in light of the above-specified case law. The bill would require that a blood specimen or buccal swab sample taken from a person arrested for the commission of a felony be forwarded to the department after a judicial determination of probable cause to believe the person has committed the offense for which he or she was arrested has been made. This bill contains other related provisions and other existing laws.

Introduced: 2015-01-06
Amended:
Status: 1/26/2015-Referred to Com. on PUB. S.

Peace officers: independent review panel.

Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, as specified. This bill would declare the intent of the Legislature to enact legislation that would establish, within the Department of Justice, an independent review panel to investigate and provide an independent review of peace officer involved shootings and other uses of force resulting in death.

Introduced: 2015-01-06
Amended:
Status: 1/7/2015-From printer. May be heard in committee February 6.

Peace officers.

Existing law requires the Department of Justice to notify a state or local agency employing a peace officer authorized to carry a firearm if a peace officer is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. This bill would make a technical, nonsubstantive change to that provision.

Introduced: 2015-01-13
Amended:
Status: 1/14/2015-From printer. May be heard in committee February 13.

Theft: firearms.

Existing law states that the theft of a firearm is grand theft, punishable as a felony by imprisonment in the state prison for 16 months, or 2 or 3 years. The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, notwithstanding these provisions, instead requires the theft of property that does not exceed $950 to be considered petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would make the theft of a firearm grand theft in all cases, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill contains other related provisions and other existing laws.

Introduced: 2015-01-15
Amended: 2015-03-18
Status: 2/11/2015-Re-referred to Com. on PUB. S.

Emergency departments: assaults and batteries.

Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-01-22
Amended:
Status: 2/2/2015-Referred to Com. on PUB. S.

Product sales to minors: vapor products.

Existing law prohibits the sale of electronic cigarettes to people under 18 years of age. Existing law defines "electronic cigarette" as a device that can provide an inhalable dose of nicotine by delivering a vaporized solution. This bill would prohibit the sale of any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age. Because this bill would create a new crime or infraction, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-02
Amended:
Status: 2/9/2015-Referred to Com. on G.O.

Hate crimes: peace officers.

Existing law defines "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request. This bill would add peace officer status to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies are required to report to the Department of Justice, this bill imposes a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-05
Amended:
Status: 2/17/2015-Referred to Com. on PUB. S.

Medical marijuana cultivation.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law, such as the medical marijuana program. This bill would require indoor and outdoor medical marijuana cultivation to be conducted in accordance with state and local laws and best practices related to land conversion, grading, electricity usage, water usage, agricultural discharges, and similar matters. This bill would require state agencies to address environmental impacts of medical marijuana cultivation and coordinate with cities and counties and their law enforcement agencies in enforcement efforts. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-05
Amended:
Status: 2/6/2015-From printer. May be heard in committee March 8.

Hate crimes: peace officers.

Existing law defines "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request. This bill would further define "hate crime" to include the assassination, or attempted assassination, of a peace officer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies are required to report to the Department of Justice and by expanding the number of victims to whom a brochure must be provided, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-09
Amended: 2015-03-19
Status: 2/17/2015-Referred to Com. on PUB. S.

Peace officers.

Existing law designates which persons are peace officers, and provides that no person is a peace officer if not so designated. This bill would make a technical, nonsubstantive change to that provision.

Introduced: 2015-02-10
Amended:
Status: 2/11/2015-From printer. May be heard in committee March 13.

Medical marijuana.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law provides for the licensure of various professions by the Department of Consumer Affairs. Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of food, drugs, devices, and cosmetics, as specified. A violation of that law is a crime. This bill would establish within the Department of Consumer Affairs a Bureau of Medical Marijuana Regulation, under the supervision and control of the Chief of the Bureau of Medical Marijuana Regulation, and would require the bureau to license and regulate dispensing facilities, cultivation sites, transporters, and manufacturers of medical marijuana and medical marijuana products, subject to local ordinances. The bill would require a background check of applicants for licensure, as defined, to be administered by the Department of Justice, and submission of a statement signed by an applicant, under penalty of perjury, that the information on his or her application is true, thereby creating a crime and imposing a state-mandated local program. Violation of the provisions related to applying for a conditional license would be punishable by a civil fine of up to $35,000 for each individual violation, or as otherwise specified. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-10
Amended:
Status: 2/11/2015-From printer. May be heard in committee March 13.

Criminal procedure: disclosure: felony conviction consequences.

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendant's right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. This bill would require the court, when the defendant first appears for arraignment on a felony charge, to inform the defendant that accepting a plea or suffering a conviction for a felony results in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and ineligibility for enlisting in the military.

Introduced: 2015-02-10
Amended:
Status: 2/17/2015-Referred to Com. on PUB. S.

Drug and alcohol rehabilitation programs: independent contractors.

Existing law defines the term "independent contractor" for certain employment purposes. This bill would provide that notwithstanding any other law, a person who has been convicted of a felony involving substance abuse, who has no violent felony convictions, who successfully completes an alcohol or substance abuse rehabilitation program that is approved or licensed by the state, and who is hired by a private employer, may be deemed an independent contractor for all state purposes, for a period not to exceed 2 years from the date of completion of the rehabilitation program.

Introduced: 2015-02-23
Amended:
Status: 2/24/2015-From printer. May be heard in committee March 26.

Alcoholic beverages: delivery.

The Alcoholic Beverage Control Act provides that alcoholic beverages may not be delivered to on-sale and off-sale licensees on Sunday or on any other day except between the hours of 3 a.m. and 8 p.m., and further provides that a violation of this provision is a misdemeanor. This bill would make nonsubstantive changes to these provisions.

Introduced: 2015-02-24
Amended:
Status: 2/25/2015-From printer. May be heard in committee March 27.

Controlled substances: prescriptions: reporting.

Existing law requires certain health care practitioners and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the Controlled Substance Utilization Review and Evaluation System (CURES) Prescription Drug Monitoring Program (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of an application, to provide the approved health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care. This bill would also authorize an individual designated to investigate a holder of a professional license to apply to the Department of Justice to obtain approval to access information contained in the CURES PDMP regarding the controlled substance history of an applicant or a licensee for the purpose of investigating the alleged substance abuse of a licensee. The bill would, upon approval of an application, require the department to provide to the approved individual the history of controlled substances dispensed to the licensee.

Introduced: 2015-02-24
Amended:
Status: 2/25/2015-From printer. May be heard in committee March 27.

Prescription drugs.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. These provisions require specified services and drugs to be covered by the various plans. The act prohibits specified health care service plan contracts that cover prescription drug benefits from limiting or excluding coverage for a drug for an enrollee under specified conditions, including if the drug previously had been approved for coverage by the plan for a medical condition of the enrollee. This bill would make technical, nonsubstantive changes to that provision. This bill would also state the intent of the Legislature to enact legislation to address the problem of prescription opioid pain reliever abuse and would make related findings and declarations.

Introduced: 2015-02-24
Amended:
Status: 2/25/2015-From printer. May be heard in committee March 27.

Medical waste: law enforcement drug takeback programs.

Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including requiring medical waste to be treated by specified methods, including incineration in a controlled-air, multichamber incinerator, or other method of incineration approved by the department that provides complete combustion of the waste into carbonized or mineralized ash. This bill would authorize a law enforcement agency that operates a prescription drug takeback program to utilize a prescription drug incinerator that does not comply with state law up to 4 times per year if the incinerator was purchased prior to January 1, 2018.

Introduced: 2015-02-24
Amended:
Status: 2/25/2015-From printer. May be heard in committee March 27.

Pharmacy.

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy within the Department of Consumer Affairs. Existing law authorizes the board to license as a pharmacist an applicant who meets specified requirements, including passage of the North American Pharmacist Licensure Examination. Existing law requires the examination process to meet specified standards and federal guidelines and requires the board to terminate use of that examination if the department determines that the examination fails to meet those standards. Existing law requires the board to report to the now obsolete Joint Committee on Boards, Commissions, and Consumer Protection and the department specified examination pass rate information. This bill would instead require the board to report that pass rate information to the appropriate policy committees of the Legislature and the department. The bill would also make nonsubstantive changes to those provisions.

Introduced: 2015-02-25
Amended:
Status: 2/26/2015-From printer. May be heard in committee March 28.

Controlled substances: transport.

Existing law categorizes controlled substances into 5 schedules and restrictions on those contained in Schedule I. Existing law, subject to exceptions, makes it an offense to, among other things, transport marijuana, phencyclidine, as specified, and mushrooms containing certain controlled substances, as provided. This bill would instead define "transport" for those purposes to mean to transport for sale.

Introduced: 2015-02-25
Amended:
Status: 2/26/2015-From printer. May be heard in committee March 28.

Crimes: human trafficking.

Existing law provides that a person who, knowing another person is a prostitute, lives or derives support or maintenance from the proceeds of that person's prostitution or from money loaned or advanced to or charged against the prostitute by a specified person, or who solicits or receives compensation for soliciting for the prostitute, is guilty of the felony of pimping, punishable by imprisonment in the state prison, as specified. This bill would make technical, nonsubstantive changes to those provisions.

Introduced: 2015-02-25
Amended:
Status: 2/26/2015-From printer. May be heard in committee March 28.

Controlled substances: butane.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchaser's identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime. This bill would add butane to the list of specified substances for which these requirements apply. The bill would also prohibit any person from purchasing more than 400 milliliters of butane in a calendar month. Because the bill would create a new crime, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-25
Amended:
Status: 2/26/2015-From printer. May be heard in committee March 28.

Pharmacy.

Existing law, the Pharmacy Law, requires an oral or an electronic data transmission prescription to be reduced to writing by the pharmacist and to be filled by, or under the direction of, the pharmacist. Under existing law, the pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy. This bill would make nonsubstantive changes to those provisions.

Introduced: 2015-02-25
Amended:
Status: 2/26/2015-From printer. May be heard in committee March 28.

Sales and use taxes: exemption: medical marijuana: terminally ill patient.

Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state and provides various exemptions from those taxes. Existing law relieves the seller from liability for the sales tax if an exemption certificate is taken in good faith, and imposes liability for sales tax on the purchaser if the tangible personal property purchased is used in a manner or for a purpose not qualifying for the exemption, as provided. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, medical marijuana for consumption by a terminally ill patient, and would require the purchaser to provide an exemption certificate as provided. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Recovery houses.

Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law exempts recovery houses providing group living arrangements for persons recovering from alcoholism or drug addiction from the act. This bill would require a recovery house that is owned or operated, as defined, by a community care facility licensed pursuant to the act and that functions as an integral component of that community care facility to be deemed a facility that provides treatment or services under the license of the community care facility. The bill would subject a facility under that license to the inspection and enforcement provisions of the act. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Alcoholism and drug abuse treatment facilities.

Existing law requires the State Department of Health Care Services to license adult alcoholism and drug abuse recovery or treatment facilities, as defined. Existing law provides for the licensure and regulation of health care practitioners by various boards and other entities within the Department of Consumer Affairs, and prescribes the scope of practice of those health care practitioners. This bill would authorize a facility to allow a licensed physician and surgeon or other health care practitioner, as defined, to provide incidental medical services to a resident of the facility at the facility premises under specified limited circumstances. The bill would require the department to conduct an evaluation of that program, and, on or before January 1, 2019, to report that evaluation to the appropriate fiscal and policy committees of the Legislature. The bill would also make related findings and declarations.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Unlawfully causing a fire: explosion.

Existing law provides that a person is guilty of the crime of unlawfully causing a fire when he or she recklessly sets fire to or burns, or causes to be burned, a structure, forest land, or property. Unlawfully causing a fire that causes great bodily injury or causes an inhabited structure or inhabited property to burn, or unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison or a county jail, as specified, and a fine, or both the fine and imprisonment. Unlawfully causing a fire of property is a misdemeanor, except as specified. Existing law also imposes sentence enhancements for those crimes, if specified circumstances apply, such as if emergency personnel suffer great bodily injury as a result of the offense. This bill would revise those provisions to specify that they also apply to unlawfully causing an explosion. The bill would also provide that unlawfully causing a fire or an explosion that causes the contents of an inhabited structure or an inhabited property to burn or be damaged by an explosion is a felony punishable by imprisonment in the state prison for 2, 3, or 4 years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both that imprisonment and fine. By expanding the scope of existing crimes and creating new crimes, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Controlled substances: firearms.

Existing law makes it a felony, punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm. This bill would instead make that felony punishable in a county jail. By requiring the felony to be served in county jail, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Human trafficking.

Existing law, as amended by Proposition 21, as approved by the voters at the March 7, 2000, statewide primary election, provides that any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished, as specified. Existing law defines "a pattern of criminal gang activity" as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, 2 or more listed offenses. Proposition 21 may be amended by a statute passed by a 2/3 vote of the membership of each house of the Legislature. This bill would add human trafficking as an offense that may be used to establish a pattern of criminal gang activity. Because this bill would amend Proposition 21, the bill requires a 2/3 vote. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Prescription drugs: collection and distribution program.

Existing law authorizes a county to establish a repository and distribution program under which a pharmacy, including a that is owned by, or contracts with, the county, may distribute surplus unused medications, as defined, to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Under existing law, only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet the United States Pharmacopoeia standards is eligible for donation to the program. Existing law also prohibits the donation of controlled substances to the repository and distribution program. Existing law prohibits medication that does not meet the requirements for donation and distribution from being sold, dispensed, or otherwise transferred to any other entity. This bill would make a technical, nonsubstantive change to these provisions.

Introduced: 2015-02-26
Amended:
Status: 2/27/2015-From printer. May be heard in committee March 29.

Pharmacy: prescription drug labels.

The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires the board to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. Existing regulations of the board implement that requirement. This bill would remove that obsolete date.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Public safety: supervised population workforce training: grant program.

Existing law establishes the California Workforce Investment Board (State WIB) to assist the Governor in the development, oversight, and improvement of the state workforce investment system and the alignment of the education and workforce systems, as specified. Existing law also establishes local workforce investment boards to assist in the planning, oversight, and evaluation of local workforce investment. This bill would revise the criteria for the grant program by authorizing a grant applicant to address the education and training needs of individuals who have some postsecondary education, or individuals who require basic education and training, or individuals in both categories. The bill would authorize the State WIB to delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. The bill would also require the report to the Legislature to include a discussion of the education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered, and whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. The bill would also include a statement of legislative findings and declarations. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Virtual currency.

Existing law, the Money Transmission Act, prohibits a person from engaging in the business of money transmission in this state, or advertising, soliciting, or holding itself out as providing money transmission in this state, unless the person is licensed by the Commission of Business Oversight or exempt from licensure under the act. Existing law requires applicants for licensure to pay the commissioner a specified nonrefundable fee and to complete an application form requiring certain information. As security, existing law requires each licensee to deposit and maintain on deposit with the Treasurer cash in an amount not less than, or securities having a market value not less than, such amount as the commissioner may find and order from time to time as necessary to secure the faithful performance of the obligations of the licensee with respect to money transmission in this state. Existing law requires a licensee at all times to own eligible securities, as defined, in a specified aggregate amount not less than the amount of all of its outstanding money received for transmission, as specified. This bill would prohibit a person from engaging in this state in the business of virtual currency, as defined, in this state unless the person is licensed by the Commissioner of Business Oversight or is exempt from the licensure requirement, as provided. The bill would require applicants for licensure to pay the commissioner a specified nonrefundable fee and complete an application form required to include, among other things, information about the applicant, prior virtual currency services provided by the applicant, a sample form of receipt for transactions involving the business of virtual currency, and specified financial statements. The bill would require each licensee to maintain at all times such capital as the commissioner determines, subject to specified factors, is sufficient to ensure the safety and soundness of the licensee, its ongoing operations, and maintain consumer protection. To satisfy this capital requirement, the bill would require each licensee to invest an aggregate amount equal to the value of the virtual currency that the licensee has on deposit for its customers in only specified investments.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Deferred entry of judgment: pretrial diversion.

Existing law allows individuals convicted of specified crimes to qualify for deferred entry of judgment. A defendant qualifies if they have no conviction for any offense involving controlled substances, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, the defendant's record does not indicate that probation or parole has ever been revoked without being completed, and the defendant's record does not indicate that he or she has been granted diversion, deferred entry of judgment, or was convicted of a felony within 5 years prior to the alleged commission of the charged offense. (2) This bill would change the deferred entry of judgment program into a pretrial diversion program. Under the pretrial diversion program created by this bill, a defendant qualifies if they have no prior conviction for any offense involving controlled substances other than the offenses that qualify for diversion, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program and the defendant has no prior felony conviction for a serious or violent felony. This bill contains other existing laws.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Deferred entry of judgment: withdrawal of plea.

Existing law allows judgment to be deferred with respect to a defendant who is charged with certain crimes involving possession of controlled substances and who meets certain criteria, including that he or she has no prior convictions for any offense involving controlled substances and has had no felony convictions within the 5 years prior, as specified. Existing law prohibits the record pertaining to an arrest resulting in successful completion of a deferred entry of judgment program from being used in any way that could result in the denial of employment, benefit, license, or certificate. This bill would require a court to allow a defendant who was granted deferred entry of judgment on or after January 1, 1997, after pleading guilty or nolo contendere to the charged offense, to withdraw his or her plea and enter a plea of not guilty if the charges were dismissed after the defendant performed satisfactorily during the deferred entry of judgment period and the defendant shows that the plea may result in the denial or loss to the defendant of any employment, benefit, license, or certificate, including, but not limited to, causing a noncitizen defendant to potentially be found inadmissable, deportable, or subject to any other kind of adverse immigration consequence.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Vehicles: driving under the influence: drug testing.

Existing law provides that a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for driving under the influence of alcohol or drugs. Existing law provides that if a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. This bill would provide that a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or oral fluids for the purpose of determining the drug content of his or her blood or oral fluids, if lawfully arrested for driving under the influence of drugs. If a blood test or oral fluid test is unavailable, the person would be deemed to have given his or her consent to chemical testing of his or her urine and would be required to submit to a urine test. This bill contains other existing laws.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Prescription drugs.

Existing law establishes the California Discount Prescription Drug Program, which is administered by the State Department of Health Care Services, under which qualified individuals are provided with prescription drugs at reduced prices that result from rebate agreements between the department and drug manufacturers. Existing law requires all moneys received by the department pursuant to the administration of the program to be deposited into the California Discount Prescription Drug Program Fund, a continuously appropriated fund, for the purpose of providing payment to participating pharmacies and for defraying its costs in administering the program, and prohibits moneys in the fund from being available for any other purpose. Existing law implements the program only to the extent that moneys are appropriated to the department to implement the program. Existing law makes the program inoperative on February 1, 2015, and thereafter repealed on January 1, 2016, if no moneys are appropriated to the department to implement the program. This bill would make a technical, nonsubstantive change to a provision related to the program.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Drug and alcohol abuse programs.

Existing law requires the State Department of Health Care Services to administer all statewide service programs related to alcohol and drug abuse. Existing law authorizes the department to receive federal funds to implement programs that provide services to alleviate the problems related to alcohol and other drug use. This bill would make a technical, nonsubstantive change to a provision related to drug and alcohol abuse programs.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.

Alcoholic beverages: minors: purchase.

The Alcoholic Beverage Control Act regulates the application, issuance, and suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. The act prohibits an advertisement of alcoholic beverages from using subject matter or language addressed to minors and intended to encourage them to drink alcoholic beverages. The act provides that a person convicted of a violation of its provisions is guilty of a misdemeanor unless another penalty or punishment is specifically provided. This bill would prohibit an advertisement of alcoholic beverages from using subject matter or language addressed to minors and intended to encourage them to purchase alcoholic beverages. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Introduced: 2015-02-27
Amended:
Status: 3/2/2015-Read first time.