Legislative Letters

California Legislation - 2023

Welcome to our District Attorney's Legislative Support and Sponsor Letters page. Here, you'll find a concise list of supported or sponsored legislation, each accompanied by a brief description and a downloadable PDF letter. Explore these documents to understand our commitment to promoting justice and enhancing public safety in our community.

 

Catalytic Converters

SB 55, sponsored by LADA, proposes to close a legal loophole in an effort to combat catalytic converter thefts by requiring car dealers to permanently mark the catalytic converter of a vehicle with its Vehicle Identification Number (VIN) prior to selling the vehicle, with specified exceptions. The bill also requires a traceable method of payment for core recyclers when purchasing used catalytic converters from sellers.

 

Courts

AB 881 would expand the existing juror pay pilot program that authorizes the Superior Court to increase juror pay for low-income jurors to $100 per day in criminal cases to include the superior courts in the counties of Alameda, Kern, Los Angeles and Monterey. In 2021, California authorized a pilot program that authorized the San Francisco Superior Court to increase juror pay for low-income jurors to $100 per day in criminal cases. The results from this pilot program have produced more economically and racially diverse jury panels that more accurately reflected San Francisco’s demographics. Approximately 80% of the jurors who received the increased pay indicated that they couldn’t have participated without this financial assistance. 

 

Crimes

AB 508 would help ensure corporations and other business entities who violate California environmental laws and are placed on probation complete the corresponding terms and conditions by expanding the probation time limit to a maximum of five years. This will ensure that corporate violators complete the requirements of their probation, including changing policies, training and updating their industrial processes.

AB 806 would expand the crimes permitting joinder of offenses occurring in different jurisdictions that can be consolidated in one trial when the victim and the defendant are the same to include “any crime of domestic violence.” This bill would help protect victims of domestic violence from having to repeatedly face their abuser in multiple jurisdictions and lessen the trauma these victims are required to endure.

AB 1064 would provide guidance to law enforcement and prosecutors on what is “bias motivation” in order to address the purposeful targeting of victims due to bias motivations. AB 1064 redefines “hate crime” as a criminal act that is motivated in whole or in part by a bias against one or more actual or perceived characteristics of the victim. It defines “bias against” as a negative attitude toward specified actual or perceived characteristics of the victim. Evidence of bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one’s “own kind,” or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game, or the selective targeting of victims because of an actual or perceived characteristic of the victim.

 

Evidence

SB 603, sponsored by LADA, seeks to prevent the unauthorized release of child forensic interviews, which are recorded interviews of children conducted by specially trained forensic interviewers in cases involving suspected child abuse. To that end, the bill establishes consistent guidelines mandating that such recordings only be released through an appropriate court order, with a protective order, and under limited circumstances.

AB 709, sponsored by LADA, would assist prosecutors with expediting our constitutionally mandated Brady obligations. Under Brady, prosecutors have a duty to disclose exculpatory and impeachment evidence to the defense when in their possession. Under AB 709, local summary criminal history information could be provided to a public defender’s office or government agencies to facilitate the discovery process and save county resources. AB 709 also addresses confidentiality and privilege waiver issues by expressly deeming that disclosure of the list to the Public Defender’s Office and Alternate Public Defender’s Office does not constitute a waiver. In combination, these amendments will allow prosecutors to make Brady disclosures in a much more timely and efficient manner.

 

Firearms

AB 97would require the Department of Justice to collect and report data on arrests made by law enforcement agencies for offenses related to firearms without a valid state or federal serial number, so-called ghost guns. This will help combat the proliferation of ghost guns in our state.

AB 301 would allow a court to consider the acquisition of body armor as a factor indicative of an increased risk of violence for purposes of issuing an ex parte Gun Violence Restraining Order (GVRO) or a GVRO after notice and hearing.

AB 455 would allow the prosecution to request an order from the court that the defendant be prohibited from owning or possessing a firearm until they successfully complete a court ordered mental health diversion program, because they are a danger to themselves or others.

AB 725 would include firearm frames, receivers, and precursor parts within in the definition of a “firearm” for purposes of reporting a lost or stolen firearm and makes the failure to do so punishable as an infraction. This bill would further deter the proliferation of ghost guns in California.

 

Law Enforcement

AB 360 would prohibit the recognition of “excited delirium” as a valid medical diagnosis or cause of death.  AB 360 would prohibit a government entity, employee or contractor from acknowledging “excited delirium” as a recognized medical diagnosis or cause of death and prohibits a coroner or medical examiner from listing “excited delirium” as the underlying cause on a death certificate or in any report. Finally, AB 360 would also prohibit a peace officer from using the term “excited delirium” to describe an individual in a police report.

SB 642 would extend enforcement authority to the County Counsel for violations of various laws governing hazardous materials. This bill would provide local government with the tools they need to hold polluters accountable and protect public health and the environment while also removing a potentially unfair business advantage from those violating environmental laws.

 

Transparency

SB 458 would amend California’s Local Agency Public Contracting Law to require local agencies to increase transparency and accountability in their public contracting and procurement processes. SB 458 would also require the California State Auditor to review the published data and make recommendations to the legislature on actions to reduce instances of corruption. Increasing transparency in government contracting and procurement will give government auditors/investigators, government groups and journalists the ability to identify and investigate public corruption cases.

 

Victims

AB 1261 would encourage undocumented immigrants to cooperate with authorities to combat crime through the U-Visa, T-Visa and S-Visa programs. These visas provide a legal pathway for noncitizens who report crimes to stay in the country while working with law enforcement. Federal law grants local law enforcement agencies and prosecutors significant discretion to determine who is able to receive these visas in their jurisdictions. AB 1261 will help establish fair and transparent policies for these victim/witness visa programs by clarifying the existing law surrounding these programs.

AB 1187 would clarify that a Certified Child Life Specialist certified by the Association of Child Life Professionals who is under the supervision of a licensed mental health provider is an authorized mental health treatment provider and therefore eligible for reimbursement from the Victims of Crime Program.

 

For 2022 Legislative Letters, click here.