Legislative Letters

California Legislation - 2024

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.

Artificial Intelligence

SB 926 Existing law makes revenge porn a crime pursuant to Penal Code Section 647(j)(4).  With the rapid advancement in both the quality of computer technology and the availability of this technology, it has been used to create highly realistic images of individuals to appear as if they are nude or engaged in sexual activity.  Many of these images are of such quality that special computer software is needed to verify that the image is not real.

Our Office determined that an image of revenge porn that was artificially created can not be prosecuted under existing law.  There are two reasons for this: 

1. Since the image is not real it does not contain images of the intimate body parts of another identifiable person or the image is not an actual image of the person engaged in any of the specified sexual acts; and

2. Since the image is not real the victim and defendant never agreed or could there be an understanding between both parties that the image was to remain private because the victim was never aware of its existence.

 Sponsored by LADA, SB 926 would close this loophole in existing law by adding language to Penal Code Section 647(j)(4) that would make it a crime under California’s revenge porn statute to distribute any image created or altered through digitization of an intimate body part or parts of another identifiable person, or a digitized image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted, under circumstances which in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

SB 933 (Wahab and Bogh) Sponsored by LADA, SB 933 would prohibit individuals from possessing and distributing explicit, abusive images of children that have been generated by artificial intelligence (AI).

SB 981 requires social media platforms to provide a mechanism for reporting “digital identity theft,” essentially the posting of nonconsensual, sexual deepfakes; and requires platforms to timely respond and investigate and to block instances of this material.

Consumer Protection

AB 2863 Although California has one of the most stringent auto renewal laws (ARL) in the nation, there still are loopholes in our ARL being exploited by businesses.  In order to strengthen the consumer protections in California’s ARL, AB 2863 would make the following changes:

1. Requires clearer consent practices. A business that seeks to have a consumer enter into an automatic renewal agreement will be required to obtain affirmative consent for that automatic renewal separately from any other part of the contract.  The consent is obtained by an express act by the consumer through a checkbox, signature, express consent button, or other substantially similar mechanism that the consumer must affirmatively select.

2. Creates a “click to quit” requirement. Essentially, businesses will be required to make it just as easy for a consumer to unsubscribe as it was to subscribe in the first place. Consumers would no longer have to follow multiple links or take extra steps to cancel an automatic renewal.  

3. Requires notifications related to the amount and range of costs the consumer may be charged. Specifically, the business will need to provide a notice that includes the amount or range of costs the consumer will be charged. In addition they need to include the frequency of those charges unless the consumer cancels the automatic renewal. 

4. Limits tactics businesses can use if cancellation is handled over the telephone. In the event a business provides a toll-free number for cancellations, that business is required to answer calls promptly during normal business hours. In addition, the business is prohibited from obstructing or delaying the consumer’s request to cancel. Finally, the cancellation must take effect immediately.

Given the pervasiveness of auto renewal subscription in our daily lives, California law should be amended to ensure California consumers are not forced to deal with unnecessary obstacles placed by businesses that are designed to impede a consumer's timely and efficient cancellation of subscriptions they no longer want, use or can afford.

Controlled Substances

AB 2018 (Rodriguez) would remove fenfluramine from Schedule IV of the Uniform Controlled Substances Act (UCSA) and eliminate criminal penalties for possession for personal use, possession for sale, or sale of fenfluramine.  Both the FDA and the National Institute on Drug Abuse recommended that fenfluramine be removed from all schedules of control under the Controlled Substances Act.  The DEA also determined that fenfluramine “has no potential for abuse and does not meet the finding for control under any CSA schedule”; it “has currently accepted medical use in treatment in the United States”; and abuse by users of the substance is unlikely “to lead to limited physical dependence or psychological dependence.” As a result, it found that “flenfluramine does not meet requirements for inclusion in any schedule and should be removed from control under the CSA.”  As a result, fenfluramine was removed from all schedules under the federal Controlled Substances Act in December of 2022.

Crimes

AB 1802 is sponsored by LADA and would eliminate the sunset date of California’s Organized Retail Theft statute. One of the most important tools we have to combat the problem of retail theft is California’s Organized Retail Theft statute, Penal Code Section 490.4. California’s Organized Retail Theft statute makes it a wobbler for an organized group of two or more persons to steal goods from a merchant with the intent to sell, exchange or return the goods for value.

AB 1874 would increase the penalty for a second or subsequent offense of secretly recording or photographing a minor in full or partial undress without their consent in prescribed locations committed by an adult defendant from a misdemeanor to a wobbler.  Existing law makes it a crime to secretly recording a victim in full or partial undress in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, tanning booth, or the interior of any other area in which they have a reasonable expectation of privacy.  Under existing law there is an enhanced punishment for a defendant who is convicted of a second or subsequent violation of involving an adult victim, however there is no enhanced punishment for a second or subsequent violation involving a minor victim.

SB 796 would create 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 a felony or misdemeanor. Existing law does not adequately protect against threats to shoot up a place or event because a specific person is not named in those threats. SB 796 is a legislative effort toward closing that gap in the law and providing law enforcement with additional tools to effectively prosecute these crimes.

SB 982 (Wahab) would remove the sunset date on Penal Code section 490.4, California’s Organized Retail Theft statute, which makes it a crime chargeable as a felony or a misdemeanor for an organized group of two or more persons to steal goods from a merchant with the intent to sell, exchange, or return the goods for value. That section will expire on January 1, 2026; however, by removing the sunset date, section 490.4 will become permanent.

SB 1144 (Skinner) strengthens existing laws regulating online marketplaces in an effort to curb organized retail theft. To that end, it modifies existing statutory definitions of “online marketplace” and “high-volume third party seller” to apply to a broader range of buyers and sellers; imposes disclosure, reporting and corporate policy requirements on online marketplaces related to high-volume third party sellers; and authorizes district attorneys, county counsel and city attorneys to enforce existing laws related to online marketplaces.

SB 1359 would amend section 374.3 as follows: (1) Prohibit transporting waste for the purpose of unlawful dumping; (2) Prohibit dumping on private property with the consent of the owner if a permit required by a state or local agency was not obtained before the dumping; (3) Prohibit a property owner from receiving waste if a permit required by a state or local agency was not obtained; and (4) Expand authorized governmental agencies that can declare a property a public nuisance with unlawfully dumped waste to include governmental agencies with jurisdiction over a property instead of limiting authority to only Health and Fire/Forestry Department governmental agencies.  There has been a significant increase recently in the number of reported cases involving the dumping of commercial waste material into private yards, vacant lots, and remote areas of Los Angeles County with the consent of the landowner.  Because this type of illegal dumping can be highly profitable, landowners grant access and permission to haulers of these types of waste onto their land without obtaining the necessary licenses and approvals from the regulatory agencies.  The amendments proposed by SB 1359 will help reduce the amount of illegal dumping in California and thereby help protect the environment. 

SB 1381 (McGuire) adds the “sale of stolen goods” as a property crime to be considered in the identification of geographic areas experiencing increased levels of property crime for purposes of the Property Crimes Task Force of the CA Highway Patrol (CHP). Existing law includes organized retail theft, vehicle burglary, and theft of vehicle parts and accessories on the list of property crimes.

Firearms

AB 2739 would require a firearm, as specified, that is used in the commission of a crime, to be surrendered to law enforcement even where the defendant is granted diversion, if the crime would require the firearm to be surrendered if the defendant had been convicted of the crime.

AB 2759 (Petrie-Norris) would amend California law that allows (with court permission) peace officers and other professionals who carry firearms to be exempt from the requirement that they surrender their firearms after they become the subject of a domestic violence protective order.

AB 3014 (Irwin) would authorize a district attorney to file a petition requesting that the court issue an ex parte Gun Violence Restraining Order (GVRO).

SB 899 (Skinner) would extend the existing firearm and ammunition relinquishment procedures that apply to civil domestic violence restraining orders (DVRO) to other specified protective orders such as gun violence, civil harassment, workplace violence, and elder abuse restraining orders, along with orders issued during the pendency of criminal proceedings and after specified convictions.

SB 902 (Roth) would create a 10-year prohibition on the possession of firearms for individuals convicted of misdemeanor animal cruelty.

SB 1002 (Blakespear) would require the relinquishment of firearms, ammunition and firearm magazines possessed by individuals subject to mental illness-related firearms prohibitions within 14 days of the court’s order finding them subject to the prohibition and to submit a receipt to the court showing proof of relinquishment. It also would require courts to inform the person and their conservator of relinquishment procedures and the process for submitting proof of relinquishment.  The bill further requires DOJ to inform individuals subject to a mental illness-related detention or “5150 hold” of applicable firearm prohibitions and authorizes the issuance of a search warrant when the property to be seized includes a firearm, ammunition or firearm magazine owned or possessed by a person subject to mental illness-related firearm prohibitions who has failed to relinquish the firearm, ammunition, or magazine.

SB 1019 (Blakespear) would require law enforcement agencies to destroy firearms subject to destruction under existing law in their entirety by smelting, shredding, crushing, or cutting all parts of the firearm, including any attachments. It also requires every law enforcement agency to develop and make available on its website a written policy regarding the destruction of firearms.

SB 1038 (Blakespear) would amend existing law to shorten the timeframe in which gun owners must report lost or stolen firearms from 5 days to 48 hours. It would also require the Department of Justice to inspect the 25 firearm dealer locations that are the source of the highest gross number of guns used in crimes in the previous year and that firearm dealers annually certify their inventory to the DOJ. 

Juveniles

SB 1005 (Ashby) authorizes a probation officer to refer an offense to a youth, peer, or teen court established and maintained by the probation officer or by a community-based organization, Indian tribe, tribal court, or private or public agency, to implement restorative justice practices designed to enable peer youth jurors to hear cases and make dispositions for offenses committed by youth. SB 1005 also specifies that such referral offenses may include, but are not limited to, infractions or misdemeanors specified in the Education Code, or for any other violation the probation officer may determine appropriate for referral.

SB 1353 (Wahab) would amend section 224.71 of the Welfare and Institutions Code enumerating the Youth Bill of Rights. Under existing law, individuals confined in any juvenile facility within the State have the following rights: to live in a safe, healthy, and clean environment; to receive medical and dental care; be free from various forms of abuse; to receive adequate and healthy meals, clean water, timely access to toilets, access to daily showers, sufficient personal hygiene items, clean bedding, and clean clothing in good repair; to receive a rigorous, quality education; and various other rights.  This bill adds the right to not be deprived of mental health resources, including daily access to counselors, therapists, mentors, or any related services necessary for mental well-being, rehabilitation, and the promotion of positive youth development while detained in a juvenile facility.

Labor Trafficking

AB 1832 would establish the Labor Trafficking Unit (LTU) within the Civil Rights Department (CRD) and would require the LTU to coordinate with the Labor Enforcement Task Force (LETF), the DOJ, and the Division of Labor Standards Enforcement (DLSE).  Labor trafficking involves the recruitment, harboring, or transportation of a person for labor services, through the use of force, fraud, or coercion. It is a modern-day form of slavery and a fundamental violation of human rights.

AB 1888 would establish the Labor Trafficking Unit (LTU) within the Department of Justice (DOJ) and would require the LTU to coordinate with the Labor Enforcement Task Force (LETF), the Tax Recovery in the Underground Economy Criminal Enforcement Program investigative teams, the Joint Enforcement Strike Force on the Underground Economy (JESF), and the Civil Rights Department (CRD).  Labor trafficking involves the recruitment, harboring, or transportation of a person for labor services, through the use of force, fraud, or coercion. It is a modern-day form of slavery and a fundamental violation of human rights.

Law Enforcement

AB 1972 would expand the regional property crimes tasks force within the California Highway Patrol (CHP) to include railroad police and cargo theft.

AB 2215 would provide that a peace officer may release a person arrested without a warrant from custody, instead of taking the person before a magistrate, by delivering or referring that person to a public health or social service organization that provides services including, but not limited to, housing, medical care, treatment for alcohol or substance use disorders, psychological counseling, or employment training and education, when no further proceedings are desired.

SB 989 (Ashby) would modify law enforcement investigation and training procedures pertaining to domestic violence-related homicides in an effort to increase the likelihood that law enforcement and  families of decedents are able to identify intimate partner homicides, even in situations where the scene has been staged.

Post-Conviction

AB 2833 would provide that an individual’s participation in and communications related to restorative justice processes are inadmissible in civil and criminal proceedings.

SB 950 (Skinner) aims to reduce recidivism and drug addiction among formerly incarcerated individuals by expanding access to reentry services.  It requires:  1) the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to establish and maintain a memorandum of understanding (MOU) with the deferal Social Security Administration (SSA) to allow a person incarcerated in a correctional institution to apply for and receive a replacement social security card and to allow the administration to process Supplemental Security Income (SSI) claims under the prerelease program; 2) CDCR to ensure that all eligible residents of a community correctional reentry center are enrolled in the Medi-Cal program within 30 days of entry at the enter; 3) CDCR to partner with the Department of Health Care Services (DHCS) to maximize Medi-Cal benefits received by community correctional reentry center residents; and 4) CDCR to partner with the Department of Social Services (CDSS) to maximize CalFresh benefits for residents of a community correctional reentry center.

SB 1069 (Menjivar) would provide that the Office of the Inspector General (OIG) has investigatory authority over all staff misconduct cases that involve sexual misconduct with an incarcerated person. It also authorizes OIG to monitor and investigate a complaint that involves sexual misconduct with an incarcerated person.

Sentencing

SB 1001 (Skinner) would amend existing law to ensure that people who are diagnosed with an intellectual disability as adults are protected from capital punishment. Current CA law prohibits intellectually disabled defendants from being sentenced to death if mental health experts determine that their impairment manifested before the end of the developmental period. This bill clarifies that to mean that the deficits were present during the developmental period.

Sex Crimes

AB 1954 would mandate that when determining a conditionally released SVP’s “county of domicile,” and subsequent placement, that a sheriff or chief police chief, the county counsel, and the district attorney of a proposed alternative placement locality to provide assistance and consultation to the Department of States Hospitals (DSH) for the process of locating and securing housing for a sexually violent predator, and would require the notice to the police chief, sheriff, District Attorney, or the county’s designated counsel of a SVP’s conditional or unconditional release be made by email and certified mail.  AB 1954 would fix a technical issue in existing law that requires the law enforcement, DA and County Counsel of the county of domicile consult with DSH about an SVP placement but does not specifically require the same level of consultation if an alternative county of domicile is selected by a court.

Victims

AB 1909 is sponsored by LADA and would clarify that in any felony or misdemeanor case where the defendant is granted diversion and the court orders restitution, the victim may enforce any unpaid restitution as a civil judgment upon the defendant’s successful completion of diversion. This is just as they could had the defendant completed probation, parole, mandatory supervision, post-release community supervision, or a term in local custody pursuant to Penal Code § 1170(h).

AB 1956 would require the State of California to allocate funds to prioritize continuity and stability of crime victim services when federal funding provide by the Victims of Crime Act (VOCA) is reduced by more than 10 percent of the amount awarded the prior year. AB 1956 would also require the California Governor’s Office of Emergency Services to regularly consult, collaborate with, and consider the recommendations regarding allocation of funding from the VOCA Steering Committee to ensure a consolidated and streamlined grant distribution process. VOCA provides funds for an array of critical services and programs, which include domestic violence service providers, Rape Crisis Centers, legal assistance, human trafficking services, services to address crime survivor homelessness, and other vital services. A reduction to California’s VOCA funding will have a detrimental impact on the ability of Los Angeles County’s provider network to provide domestic violence shelter/housing, legal and other services for survivors of domestic violence, sexual assault, and human trafficking.

AB 2432 (Gabriel) would establish the California Crime Victims Fund that would be funded by a fine imposed on corporations convicted of criminal offenses. AB 2432 would require a court, unless if finds a compelling and extraordinary reason for not doing so, to impose a separate and additional restitution fine on a corporation convicted of a criminal offense. AB 2432 would impose a fine of at least $100,000 for a felony conviction and at least $1,000 for a misdemeanor conviction. The additional funds will help cover expected reductions in federal dollars from the Victims of Crime Act of 1984 (VOCA). This funding is critically needed by states like California due to a dramatic decrease in federal VOCA funding.

AB 2907 Sponsored by LADA, would require a defendant subject to a 10-year protective order who owns a firearm to notify the court when they relinquish the firearm and provide proof of the required storage, sale, or relinquishment. If evidence of compliance of the firearms prohibition is not provided, the court shall immediately notify the prosecuting attorney and law enforcement so they can take all actions necessary to address the violation of the protective order as soon as practicable. AB 2907 will also better protect domestic violence victims by requiring the arresting officer in domestic violence cases to question the arrestee, victim, and other household members (if applicable) about any firearms owned or possessed by the arrestee and to check the Automated Firearm System (AFS) to determine whether the arrestee owns or possesses any firearms prior to presenting the case to the prosecuting attorney for filing.

VOCA CVF The Los Angeles County District Attorney’s Office strongly supports the $103 million appropriation included in the Assembly and Senate budget bill to provide financial assistance and support to victim services providers to ensure all victims of crime in California receive the services they need.  Our Office is deeply concerned that cuts in VOCA CVF funding will have devastating impacts to crime survivors of domestic violence, sexual assault, human trafficking and other violent crimes and their families.

For 2023 Legislative Letters, click here.