CSAC Bulletin Article

AOJ Legislative Update


January 15, 2016

The following information reflects legislation that was introduced in the 2015/16 legislative session. Bills introduced in the 2015 session must pass out of the house of origin by January 30, 2016. The following are Administration of Justice bills CSAC is tracking.

Parole Suitability: Notice

AB 898 (Gonzalez) – Support
As Amended January 4, 2016

AB 898 would require the Board of Parole Hearings, in the case of an inmate who is convicted of the murder of a firefighter, to provide notice of the parole suitability hearing to the fire department that employed the firefighter at the time of the incident. AB 898 passed out of the Assembly Public Safety Committee and is now in the Assembly Appropriations Committee where it needs to be heard and passed by January 22nd.

Child Witnesses: Human Trafficking

AB 1276 (Santiago) – Watch
As Amended January 4, 2016

AB 1276 adds human trafficking to the list of offenses which permits a child witness to testify at trial out of the presence of the defendant and jury by way of closed-circuit television and increases the permissible age of the child witness from 13 years old and under to 17 years old and under. AB 1276 passed out of the Assembly Public Safety Committee and is now in the Assembly Appropriations Committee where it needs to be heard and passed by January 22nd.

Victims Compensation: Claims: Appeals

AB 1563 (Rodriguez) – Request for Comment
As Introduced January 4, 2016

AB 1563 would require decisions of the California Victim Compensation and Government Claims Board to be made within 6 months of the date the board receives an application that contests a staff recommendation to deny compensation in whole or part. AB 1563 additionally would require the board to notify the applicant in writing, within 6 months of the date the board received the application, if the board determines that there was insufficient information to make a decision.

Vehicles: Driving Under the Influence: Alcohol Abuse Programs

AB 1571 (Lackey) – Request for Comment
As Introduced January 4, 2016

AB 1571 would require that enrollment in an approved driving-under-the-influence program take place within 30 days of a DUI conviction. AB 1571 would also require the court to refer a first offender whose blood contained a blood-alcohol concentration of 0.15% or more and a controlled substance to the 9-month DUI program.

Employment: Human Trafficking Training: Mass Transportation Employers

AB 1595 (Campos) – Request for Comment
As Introduced January 6, 2016

AB 1595 would require a private or public employer that provides mass transportation services in the state to train its new and existing employees in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency by January 1, 2018.

Crimes

SB 617 (Block) – Watch
As Amended April 29, 2015

SB 617 would allow a crime punishable as a misdemeanor, to be charged as a misdemeanor or an infraction at the discretion of the prosecuting attorney. SB 617 was amended in the Senate Public Safety Committee to add exemptions so corporations cannot benefit from this new process, added a 3-year sunset and additional reporting requirements. The measure is now in the Senate Appropriations Committee where it needs to be heard and passed by January 22nd.

Unmanned Aircraft Systems

SB 807 (Gaines) – Support
As Introduced January 4, 2016

SB 807 would further limit the exposure to civil liability of an emergency responder for damages to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services.

Unmanned Aircraft Systems: Fire Interference

SB 810 (Gaines) – Request for Comment
As Introduced January 4, 2016

SB 810 would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system in a manner that prevents or delays the extinguishment of a fire or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. SB 810 would additionally make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that imprisonment and fine.

Criminal Procedure: Human Trafficking

SB 823 (Block) – Request for Comment
As Introduced January 6, 2016

SB 823 would create a presumption that if a defendant or person who has been arrested, convicted, or adjudicated a ward of the juvenile court for committing any offense while he or she was a victim of human trafficking shows evidence that the arrest, conviction, or adjudication was the result of his or her status as a victim of human trafficking, the defendant or person has met the requirements for relief.

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