2023 Legislative letters

California Legislation - 2023

Animal Abuse

AB 829 would require a court to consider ordering a defendant who has been granted probation after conviction of specified animal abuse crimes to undergo a mental health evaluation, and requires the defendant to complete mandatory counseling as directed by the court, if the evaluator deems it necessary. AB 829 would apply to defendants convicted of one or more of the following offenses: 

• Sexual contact with an animal; 
• Willful poisoning of an animal; 
• Animal cruelty; 
• Keeping an animal in specified places without proper care; and 
• Intentionally causing injury or death to a guide or service dog. 

Bail

AB 791 would clarify that the prohibition on post-conviction bail for cases punishable by death also applies to cases where the punishment would be life in prison without the possibility of parole (LWOP).

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.

Corrections

AB 280 limits the use of segregated confinement and requires specified correctional facilities to follow specified procedures related to segregated confinement. AB 280 requires a correctional facility to document the facts and circumstances when an individual is place is segregated housing. 

AB 353 requires the California Department of Corrections and Rehabilitation (CDCR) to permit inmates to shower at least every other day, unless access to a shower is prohibited. Whenever a request for a shower is prohibited or denied, the facility manager or their designee shall approve the decision and document the reasons for the denial.  

AB 912 would enact the Strategic Anti-Violence Funding Efforts (SAFE) Act which reinvests the cost savings that occur from Department of Corrections and Rehabilitation (CDCR) prison closures to fund early violence intervention programs, school-based physical and mental health services, and youth recreational activities.

Courts

AB 432 would require the Judicial Council to develop a court interpreter training program and administer the training through a pilot program. The pilot program must provide funds for coursework, interpreter exam fees and guarantee court employment for pilot program participants.

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. 

AB 1032 limits the ability of a trial court to use independent contractors beyond current restrictions, provides for the conversion of independent contractor positions into employee positions, requires the hiring of certificated and registered interpreters, eliminates the ability for courts to provisionally qualify interpreters, and allows the sharing of interpreters between neighboring counties. The lack of qualified court interpreters is becoming a significant problem in our criminal court system. AB 1032 will help with greater recruitment and retention of court interpreters, which will benefit the criminal court system.

SB 99 extends the sunset date for existing remote proceedings in criminal cases to 2028.  Currently, those provisions are set to sunset January 1, 2024.

Crimes

AB 76 would modernize California’s money laundering statutes to cover instances where people conduct illegal transactions using virtual assets based on blockchain technology, if the person knew that the virtual assets were derived from the proceeds of criminal activity or if they intended to facilitate a criminal activity. AB 76 would also update California’s money laundering statute to cover a transaction that uses virtual assets to go through a financial institution, therefore covering peer-to-peer transactions.

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 701 would apply the existing weight enhancements that increase the penalty for trafficking controlled substances containing heroin, cocaine base and cocaine to fentanyl.

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  819 would reduce the penalty for a third or subsequent conviction for fair evasion from a misdemeanor to an infraction punishable by a fine not to exceed $400. 

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.

SB 89 proposes to amend the existing stalking statute to expand the credible threat portion of the statute to also include a threat made with the intent to place a person in reasonable fear for the safety of their pet, service animal, emotional support animal, or horse.

SB 345 proposes to enact various safeguards against the enforcement of other states’ laws that prohibit, criminalize, sanction, authorize civil liability against, or otherwise interfere with a person, provider, or other entity in California that offers reproductive health care services or gender-affirming health care services. SB 345 would also prohibit bounty hunters from taking into custody a bail fugitive whose alleged offense or conviction is for the violation of another state’s laws that criminalize abortion, contraception, reproductive care, or gender-affirming care that is otherwise lawful under the laws of this state.

SB 442 would amend PC 243.4 to include in the definition of misdemeanor sexual battery a person who, for purposes of sexual gratification or sexual abuse, causes another person, against their will, to masturbate or touch an intimate part of either those persons or a third person.

SB 796 creates a new offense of threatening to commit a crime that will result in death or great bodily injury at a school or place of worship, punishable as an alternate felony-misdemeanor.

Criminal Records

AB 567 would extend automatic record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation and would also require the Department of Justice (DOJ) to provide confirmation that the relief was granted upon request of the person of the record. 

SB 749 would remove the Nov. 4, 2022 deadline to file petitions for relief for persons seeking reductions of prior felony convictions to misdemeanors, as authorized by Proposition 47. The bill would also remove the requirement that a petitioner show good cause for filing after that deadline. SB 749 is an urgency measure and will take effect immediately after it is signed by the governor and chaptered into law. 

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.

AB 818 would expressly require a law enforcement officer to serve a domestic violence order and confiscate any firearms, upon request by a petitioner— even if that request is not made at the scene of a domestic violence incident.

AB 1406 would authorize the Department of Justice (DOJ) to delay a firearms background check up to 30 days if they are unable to determine a purchaser’s eligibility due to certain convictions or mental health confinements and allows the DOJ to delay a firearm background check period up to 30 days if there is a state of war or emergency. 

AB 1420 would expand the authority of the Department of Justice to conduct firearm dealer inspections to ensure compliance with all applicable state laws and to assess fines for their noncompliance. 

AB 1483 would delete the exemption that allows private persons to apply to purchase more than one firearm a month if it is a private party transaction unless the seller is required under state law or by court order to relinquish their firearms. 

SB 2 proposes to create a new issuing process for concealed carry weapons (CCW) licenses in response to the U.S. Supreme Court’s 2022 decisionin New York State Rifle and Pistol Association v. Bruen. Some of the significant changes proposed by the bill include updating the existing “good moral character” standard by instead requiring CCW licensing authorities to issue or renew a CCW license if the applicant is “not a disqualified person” for the license, and the applicant is at least 21 years of age.

SB 241 would require licensed firearms dealers to annually complete specified training overseen by the Department of Justice. The bill aims to reduce the proliferation of guns in communities across California by requiring training in areas such as recognizing and preventing straw purchases — or purchasing a firearm posing as the real buyer for someone else — and other fraudulent activity.

Government

AB 268 would add a licensed health care provider and a licensed mental health care provider to the Board of State and Community Corrections (BSCC). Both would be appointed by the governor, and subject to confirmation by the Senate Rules Committee. AB 268 would also require the BSCC to develop and adopt regulations setting minimum standards for mental health care at local correctional facilities that either meet or exceed the standards for health care services in jails established by the National Commission on Correctional Health Care.

AB 304 requires the Judicial Council to establish judicial domestic violence training programs for court personnel and transfers responsibility for overseeing court-ordered batterer’s intervention programs from county probation departments to the Department of Justice.

SB 769 would require all local agency officials to participate in at least two hours of fiscal and financial training every two years if that local agency provides any compensation, salary, stipend, or reimbursement for actual and necessary expenses to the members of its legislative body. 

Senate Concurrent Resolution 90 recognizes October 2023, and each following October, as National Domestic Violence Awareness Month. 

Juvenile

AB 1643 would provide that a minor is not eligible for a program of informal supervision, except where the interests of justice would best be served and the court specifies on the record the reasons for its decision, if it appears that the minor has committed an offense in which victim restitution exceeds $5,000, instead of $1,000. The bill also raises the amount which requires the probation officer to commence proceedings within 48 hours if the minor is alleged to have committed an offense in which victim restitution is owed, from exceeding $1,000 to exceeding $5,000. 

SB 545 would prohibit the juvenile court from transferring a matter to criminal court if it finds by clear and convincing evidence that the person against whom the minor is accused of committing the offense trafficked, sexually abused or sexually battered the child before the commission of the offense. The bill would further require the criminal court to transfer a case back to the juvenile court if the court finds by clear and convincing evidence that the person against whom the minor is accused of committing the offense trafficked, sexually abused, or sexually battered the child.

Labor Trafficking

AB 380 would establish the Labor Trafficking Unit (LTU) within the Division of Labor Standards Enforcement (DLSE) and requires the LTU to coordinate with the Labor Enforcement Task Force (LETF), the Department of Justice (DOJ), and the Civil Rights Department (CRD). 

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.

AB 449 requires all state or local law enforcement agencies to adopt a hate crime policy by July 1, 2024, and to forward a copy of the policy to the Department of Justice (DOJ) to ensure it complies with state law. 

AB 1544 would allow a police or sheriff’s department receiving a report of known or suspected child abuse or severe neglect to forward any such reports that are investigated and determined to be substantiated to the Department of Justice for inclusion in the Child Abuse Central Index (CACI).

SB 400 would improve police accountability and strengthen the trust between law enforcement agencies and the communities they serve. To that end, the bill provides that an agency that formerly employed a peace officer or custodial officer is not prohibited from disclosing to the public the termination for cause of that officer for certain specified incidents.

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 60 would provide that a victim of a crime has a right to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs servicing their community county, county jails, juvenile detention facilities, and the California Department of Corrections and Rehabilitation (CDCR). The bill would also requires the attorney general to include in the “Victim Protections and Resources” card information about the availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and CDCR. 

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.

AB 1402 would prohibit costs for the medical evidentiary portion of a child abuse or neglect examination from being charged directly or indirectly to the victim.

SB 86 would require the statewide Victim Resource Center to provide an internet website for crime victims and victim service providers. The bill would further require the internet website to include a summary of victims’ rights and resources, along with links to those resources.

SB 290 would expand existing law to require law enforcement, upon request, to provide to a victim or victim’s representative a copy of any photographs of a victim’s injuries, property damage or any other photographs noted in the incident report, as well as a copy of 911 recordings in domestic violence, sexual assault, human trafficking, stalking, and elder abuse cases. The bill also extends the time limit to request this evidence to within five years of the completion of the incident report.

SB 376 would provide that a victim of human trafficking has the right to have an advocate and a support person of the victim’s choosing present at an interview with law enforcement, prosecutors and defense attorneys.

For 2022 Legislative Letters, click here.