LEGISLATIVE UPDATE
February 4, 2011 Volume 1 | Issue 2
AB 8 (Huber D) Division of
Juvenile Justice: facilities:
closures.
Status: 1/24/2011-Referred to Com. on
PUB. S.
Location: 1/24/2011-A. PUB. S.
Summary:
Would prohibit the Division of Juvenile
Facilities from closing any youth
correctional facility for a period of 6
months from the effective date of this bill.
The bill would state that it is expected
that ongoing activity levels at each
division facility shall equal activity levels
in place immediately prior to October 20,
2010, and that the number of employees
also be maintained at those levels during
this period, as specified. This bill
contains other related provisions.
AB 9 (Ammiano D) Education:
bullying.
Status: 12/7/2010-From printer. May be
heard in committee January 6.
Location: 12/6/2010-A. PRINT
Summary:
Would state the intent of the Legislature
to enact legislation to protect pupils from
acts of bullying by requiring school
personnel to report known or suspected
instances of bullying to law enforcement
entities.
AB 12 (Swanson D) Abolition of
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Legislative Tracking
Child Commerce, Exploitation, and
Sexual Slavery Act of 2011.
Status: 1/24/2011-Referred to Com. on
PUB. S.
Location: 1/24/2011-A. PUB. S.
Summary:
Would enact the Abolition of Child
Commerce, Exploitation, and Sexual
Slavery Act of 2011, and would require
that a person who is convicted of a crime
involving substantial sexual conduct, as
defined, with a victim who is under 16
years of age, or who seeks to procure or
procures the sexual services of a
prostitute, if the prostitute is a minor
who is under 16 years of age, be ordered
to pay an additional fine of $25,000 to be
deposited in the Victim-Witness
Assistance Fund to be available for
appropriation in the same manner as
specified above.
AB 13 (Knight R) Public school
volunteers.
Status: 1/24/2011-Referred to Com. on
ED.
Location: 1/24/2011-A. ED.
Summary:
Would specify that each of these
provisions applies to charter schools. The
bill would also prohibit persons who have
been convicted of specified sex,
controlled substance, or violent offenses
from serving as nonteaching volunteer
As of Friday, February 4, 2011
aides. This bill contains other existing
laws.
AB 40 (Yamada D) Elder abuse:
reporting.
Status: 1/24/2011-Referred to Coms. on
AGING & L.T.C. and PUB. S.
Location: 1/24/2011-A. AGING & L.T.C.
Summary:
Would require the mandated reporter to
report the abuse to both the local
ombudsperson and the local law
enforcement agency. This bill would also
make various technical, nonsubstantive
changes. This bill contains other related
provisions and other existing laws.
AB 44 (Logue R) Inmates:
release: notification.
Status: 1/31/2011-Re-referred to Com.
on PUB. S.
Location: 1/31/2011-A. PUB. S.
Summary:
Would require that notification be sent
60 days prior to the scheduled release
date of an inmate, unless the notification
cannot be provided within the 60 days
due to an unanticipated change in the
release date of an inmate, and would
prohibit any change in county placement
less than 30 days prior to the release date
unless due to an unanticipated change in
a release date, as specified. The bill would
conform the timeline for local comments
and the department response to the
 Legislative Tracking
Legislative Update February 4, 2011
As of Friday, February 4, 2011
longer notification period, as specified. If there is a change in
county of placement after the 60-day notice is given, this bill
would require that notification be sent by mail at least 30 days
prior to the scheduled release date to the ultimate county of
placement. This bill contains other related provisions and other
existing laws.
AB 90 (Swanson D) Human trafficking: minors.
Status: 1/27/2011-Referred to Com. on PUB. S.
Location: 1/27/2011-A. PUB. S.
Summary:
Would additionally provide that a person who deprives or
violates another person's liberty with the intent to effect or
maintain the felony of making available to another person a
person under 16 years of age for the purpose of any lewd or
lascivious act, or the felony of the procurement of minors in the
preparation of material depicting sexual conduct by a minor, is
guilty of human trafficking. This bill contains other related
provisions and other existing laws.
AB 142 (Fuentes D) Criminal procedure: pleas.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.
Summary:
Would additionally require the court to advise the defendant
that, if he or she is deported from the United States and returns
illegally, he or she could be charged with a separate federal
offense. The bill would make other conforming changes.
AB 168 (Gorell R) Local Safety and Protection
Account: appropriation.
Status: 1/21/2011-From printer. May be heard in committee
February 20.
Location: 1/20/2011-A. PRINT
Summary:
Would appropriate $506,400,000 from the General Fund to be
deposited in the Local Safety and Protection Account, as
specified.
AB 175 (Donnelly R) Inmates: transfers.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.
Summary:
Would remove the inmate's right to revoke his or her consent
and make other conforming changes. The bill would delete the
sunset date on existing law and make the above provision
operative indefinitely. This bill contains other related provisions
and other existing laws.
AB 177 (Mendoza D) Juveniles: parenting classes.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.
Summary:
Would expand the authority of the juvenile court to order the
parent or guardian of a minor to attend antigang violence
parenting classes, to include a minor who has been deemed a
habitual truant, or who is within the jurisdiction of the juvenile achieve a reduction in the statewide criminal recidivism rate
court for habitual disobedience or truancy, or for the
commission of certain additional offenses.
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AB 178 (Gorell R) County jail: release pursuant to
federal court order.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.
Summary:
Would require a defendant who is being released prior to
sentencing by county jail personnel, pursuant to a federal court
order mandating the release of inmates, to sign a release
agreement with the same requirements as those pertaining to a
defendant who is released under his or her own recognizance,
including the defendant's promise to appear at the time and
place the defendant is given in writing by the jail personnel at
the time of release. This bill contains other related provisions
and other existing laws.
AB 179 (Gorell R) Electronic monitoring: removing
or disabling: offense.
Status: 2/3/2011-Referred to Com. on PUB. S.
Location: 2/3/2011-A. PUB. S.
Summary:
Would provide that unauthorized removal, as specified, of an
electronic, GPS, or other monitoring device affixed for purposes
of a criminal sentence, juvenile court disposition, parole, or
probation is an offense punishable by imprisonment in a county
jail for one year, or a $1,000 fine, or both, if the underlying
offense was a misdemeanor, or by imprisonment in the state
prison for 16 months, 2 year, or 3 years if the underlying offense
is a felony. This bill contains other related provisions and other
existing laws.
AB 216 (Swanson D) Community colleges: inmate
education programs: computation of apportionments.
Status: 2/1/2011-From printer. May be heard in committee
March 3.
Location: 1/31/2011-A. PRINT
Summary:
Would instead require the open course provisions in statute or
regulations of the board of governors to be waived for a
governing board of a community college district that provides
those classes for inmates, including inmates of state
correctional facilities, and would authorize the board of
governors to include the units of full-time equivalent students
generated in those classes for purposes of state apportionments.
This bill contains other related provisions and other existing
laws.
AB 219 (Portantino D) California Recidivism Goals
Development and Achievement Act.
Status: 2/2/2011-From printer. May be heard in committee
March 4.
Location: 2/1/2011-A. PRINT
Summary:
Would declare the Legislature's intent regarding the
Department of Corrections and Rehabilitation's role in reducing
criminal recidivism. The bill would require the department
from 2010 of 20% by 2015 and 40% by 2020. The bill would
require the department to adopt regulations to require the
reporting and verification of the statewide recidivism rate, as
specified.
AB 220 (Solorio D) Gang and youth violence:
prevention.
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Legislative Update February 4, 2011
As of Friday, February 4, 2011
Status: 2/2/2011-From printer. May be heard in committee
March 4.
Location: 2/1/2011-A. PRINT
Summary:
Would require the director, subject to statutory limits and
directives, to make recommendations to streamline existing
state agency gang and youth violence grant programs with a
goal toward giving priority to grant programs that employ
evidence-based practices. It would require the director to create
a working group consisting of representatives of state offices
and representatives of other specified stakeholders to assist in
this effort, with the director serving as the chairperson. The bill
would require the working group to advise the office on the task
of streamlining grant programs that address gang and youth
violence, in accordance with certain procedures. This bill
contains other related provisions.
AB 235 (Halderman R) Public records: clemency
records.
Status: 2/4/2011-From printer. May be heard in committee
March 6.
Location: 2/3/2011-A. PRINT
Summary:
Would prohibit the Governor from imposing any restriction
whatsoever on public access to writings relating to applications
for clemency or extradition.
AB 239 (Ammiano D) Crime laboratories: oversight.
Status: 2/4/2011-From printer. May be heard in committee
March 6.
Location: 2/3/2011-A. PRINT
Summary:
Would require the task force to submit to the Legislature a
supplemental report, by July 1, 2013, that includes a proposal to
establish a statewide body to oversee crime laboratories, as
specified.
AB 257 (Galgiani D) Inmate release: notification.
Status: 2/4/2011-From printer. May be heard in committee
March 6.
Location: 2/3/2011-A. PRINT
Summary:
Would express the intent of the Legislature to enact legislation
that would require the Department of Corrections and
Rehabilitation to streamline the notification process regarding
inmate release in order to make that process more accessible.
ACA 14 (Silva R) Governor: pardons and
commutations.
Status: 1/27/2011-From printer. May be heard in committee
February 26.
Location: 1/26/2011-A. PRINT
Summary:
Would further prohibit the Governor from granting a pardon or
commutation during the 30-day period immediately preceding
the end of his or her term of office. The measure would provide
that any pardon or commutation issued in violation of these
provisions is void.
ACA 15 (Mansoor R) Governor: pardons and
commutations.
Status: 1/28/2011-From printer. May be heard in committee
February 27.
Location: 1/27/2011-A. PRINT
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Summary:
Would require the Governor, at least 30 days prior to granting a
pardon or commutation, to provide written notice of the pardon
or commutation to the agency that prosecuted the case in which
the person was convicted, and to each victim of the crime or
crimes for which that person was convicted. The measure would
provide that any pardon or commutation issued in violation of
these provisions is void.
ACR 6 (Donnelly R) Human trafficking.
Status: 1/25/2011-In Senate. To Com. on RLS.
Location: 1/25/2011-S. RLS.
Summary:
This resolution would recognize the month of January as
National Slavery and Human Trafficking Prevention Month,
and it would recognize February 1, 2011, as California's Free
From Slavery Day.
AJR 1 (Donnelly R) Undocumented criminals.
Status: 1/20/2011-From printer.
Location: 1/19/2011-A. PRINT
Summary:
Would urge Congress and the President to restore full funding
for the State Criminal Alien Assistance Program and to fully
reimburse states for the cost of incarcerating undocumented
criminals.
SB 9 (Yee D) Sentencing.
Status: 1/20/2011-Referred to Com. on PUB. S.
Location: 1/20/2011-S. PUB. S.
Summary:
Would authorize a prisoner who was under 18 years of age at
the time of committing an offense for which the prisoner was
sentenced to life without parole to submit a petition for recall
and resentencing to the sentencing court, and to the
prosecuting agency, as specified. The bill would establish
certain criteria, at least one of which shall be asserted in the
petition, to be considered when a court decides whether to
conduct a hearing on the petition for recall and resentencing
and additional criteria to be considered by the court when
deciding whether to grant the petition. The bill would require
the court to hold a hearing if the court finds that the statements
in the defendant's petition are true, as specified. The bill would
apply retroactively, as specified.
SB 13 (Correa D) Pupils: teen dating violence
prevention.
Status: 1/20/2011-Referred to Com. on ED.
Location: 1/20/2011-S. ED.
Summary:
Would authorize a school district to provide teen dating
violence prevention education consisting of age-appropriate
instruction, as developed by the state board pursuant to the bill,
as part of the sexual health and health education program it
provides to pupils in grades 7 to 12, inclusive. The bill would
authorize a school district to use school district personnel or
outside consultants who are trained in the appropriate courses
to provide this additional instruction. The bill would specify the
required content and criteria for this additional instruction and
any associated materials if a school district elects to provide it.
The bill would provide that a parent or guardian of a pupil has
the right to excuse his or her child from all or part of the teen
dating violence prevention education and any assessments
related to it, and would prescribe the procedure for a parent or
 Legislative Tracking
Legislative Update February 4, 2011
As of Friday, February 4, 2011
guardian to exercise that right. This bill contains other related
provisions.
SB 24 (Simitian D) Personal information: privacy.
Status: 1/20/2011-Referred to Com. on JUD.
Location: 1/20/2011-S. JUD.
Summary:
Would require any agency, person, or business that is required
to issue a security breach notification pursuant to existing law
to fulfill certain additional requirements pertaining to the
security breach notification, as specified. This bill contains
other related provisions.
SB 25 (Padilla D) Correctional facilities: wireless
communication devices.
Status: 1/20/2011-Referred to Com. on PUB. S.
Location: 1/20/2011-S. PUB. S.
Summary:
Would provide, subject to exceptions, that a person who
possesses with the intent to deliver, or delivers, to an inmate or changing residence, including changes of residence within the
ward in the custody of the Department of Corrections and
Rehabilitation any cellular telephone or other wireless
communication device or any component thereof, including, but on local sheriff departments and create a new crime, it would
not limited to, a subscriber identity module (SIM card) or
memory storage device, is guilty of a misdemeanor, punishable
by a fine not exceeding $5,000 for each device. The bill would
also provide that if a person visiting an inmate or ward in the
custody of the department, when searched or subjected to a
metal detector, is found to be in possession of a cellular
telephone or other wireless communication device or any
component thereof, including, but not limited to, a SIM card or Summary:
memory storage device, that cellular telephone or wireless
communication device or component shall be subject to
confiscation, but shall be returned on the same day the person
visits the inmate or ward, except as provided. The bill would
require posted notices regarding those search and confiscation
provisions, as specified. This bill contains other related
provisions and other existing laws.
SB 26 (Padilla D) Prisons:wireless communication
devices.
Status: 2/1/2011-From committee with author's amendments. Summary:
Read second time and amended. Re-referred to Com. on RLS.
Location: 2/1/2011-S. RLS.
Summary:
Would provide that if any nonemployee who is visiting an
inmate or ward under the jurisdiction of the Department of
Corrections and Rehabilitation , is found to be in possession of a SB 119 (Lowenthal D) Emergency youth shelter
wireless communication device , as defined, upon being
searched or subjected to a metal detector, that device is subject
to confiscation, except as specified. The bill would require that a February 24.
notice to that effect be posted in each area where visitors are
searched prior to visit ing with an inmate or ward . This bill
contains other related provisions and other existing laws.
SB 54 (Runner R) Sex offenders: residency
restrictions: petition for relief.
Status: 1/20/2011-Referred to Com. on RLS.
Location: 1/20/2011-S. RLS.
Summary:
Would provide that the 2,000 feet shall be measured by the
shortest practical pedestrian or vehicle path. The bill would
permit a person who is subject to the residency restriction to
petition the superior court of the county within which he or she February 25.
resides for relief from the requirement. The bill would provide
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that original jurisdiction for the petition would lie with the
appellate division of the superior court in which the petition is
filed. The bill would require the petitioner to establish by clear
and convincing evidence that there is a pervasive lack of
compliant housing in the county and that a majority of sex
offenders are unable to comply despite good faith efforts. The
bill would require that, if relief is granted, it shall be narrowly
crafted in order to substantially comply with the intent of the
people in approving the residency requirements. This bill
contains other related provisions and other existing laws.
SB 55 (Runner R) Parole: placement at release:
registration.
Status: 1/20/2011-Referred to Com. on RLS.
Location: 1/20/2011-S. RLS.
Summary:
Would require these inmates, if they reside in this state, to
register a residential address with the sheriff of the county in
which they reside within 10 days of establishing residence or
same county. The bill would make failure to register a
misdemeanor. Because this bill would impose additional duties
create a state-mandated local program. This bill contains other
related provisions and other existing laws.
SB 57 (Runner R) Sex offenders: social networking
prohibition: online address notification requirement.
Status: 1/20/2011-Referred to Com. on RLS.
Location: 1/20/2011-S. RLS.
Would permit information received pursuant to these
provisions to be shared with the Department of Justice and
other law enforcement agencies, upon request. By creating new
crimes, this bill would impose a state-mandated local program.
This bill contains other related provisions and other existing
laws.
SB 59 (Runner R) Parole: release.
Status: 1/20/2011-Referred to Com. on RLS.
Location: 1/20/2011-S. RLS.
Would exempt persons placed on parole, to whom the above-
referenced criteria apply, from the provision that requires
inmates released on parole to be returned to the county of last
legal residence.
facilities.
Status: 1/25/2011-From printer. May be acted upon on or after
Location: 1/24/2011-S. PRINT
Summary:
Would include with the definition of a community care facility
an emergency youth shelter facility, as defined, for specified
youth under 18 years of age who are homeless or at risk of being
homeless. The bill would require the department to adopt
regulations for these facilities by January 1, 2013. This bill
contains other related provisions and other existing laws.
SB 123 (Liu D) California Runaway, Homeless, and
Exploited Youth Act.
Status: 1/26/2011-From printer. May be acted upon on or after
Location: 1/25/2011-S. PRINT
 Legislative Tracking
Legislative Update February 4, 2011

As of Friday, February 4, 2011

Summary:
Would enact the California Runaway, Homeless, and Exploited
Youth Act, and would require the California Emergency
Management Agency to provide information, coordination, and
support services to public and private entities serving runaway,
homeless, and exploited youth. The bill would also require the
agency to develop a statewide plan for runaway, homeless, and
exploited youth, as specified, and to present this plan to the
Legislature by January 1, 2013. The bill would make related
findings and declarations.

SB 139 (Alquist D) Corrections: Inspector General.

Status: 2/1/2011-From printer. May be acted upon on or after
March 3.
Location: 1/31/2011-S. PRINT
Summary:
Would require the Inspector General to oversee, and the
Department of Corrections and Rehabilitation to oversee and
conduct, periodic and random searches of employees and
vendors entering the secure perimeter of a state prison under
the jurisdiction of the department for contraband, and require
the department to report to the Inspector General and the
Legislature monthly regarding those searches, as specified.

SB 143 (Rubio D) Health research: women and

minority groups.
Status: 2/1/2011-From printer. May be acted upon on or after
March 3.
Location: 1/31/2011-S. PRINT
Summary:
Existing law requires, on or before June 30, 1992, state agencies
to adopt, and provides that it is the intent of the Legislature that
the Regents of the University of California adopt, policies based
on a specified publication so that women and members of
minority groups are appropriately included as subjects of health
research projects carried out by state agencies or University of
California researchers. Existing law requires, on or before
September 30, 1992, state agencies and the University of
California to transmit to the Legislature copies of the policies
adopted pursuant to this provision. This bill would make
technical, nonsubstantive changes to this provision.

SB 154 (Wolk D) Marriage licenses: vital records:

fees: domestic violence: Solano County.
Status: 2/3/2011-From printer. May be acted upon on or after
March 5.
Location: 2/2/2011-S. PRINT
Summary:
Would extend the operation of the above-described provisions
indefinitely. This bill contains other existing laws.

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