Criminal and Penal

• AB 7 (Gipson) Specifies that it is a misdemeanor to openly carry a long gun in a public place in an area where discharge of a firearm is prohibited in an unincorporated area of a county.

An act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms.

• AB 41 (Chiu) Requires local law enforcement agencies to periodically update the Sexual Assault Forensic Evidence Tracking (SAFE-T) database on the disposition of all sexual assault evidence kits in their custody.

An act to add Section 680.3 to the Penal Code, relating to DNA evidence.

• AB 90 (Weber) Shifts responsibilities for shared gang databases from the CalGang Executive Board to the Department of Justice (DOJ) and sets policies, procedures, and oversight for the future use of shared gang databases.

An act to amend Section 70615 of the Government Code, to add Section 186.36 to, and to repeal and add Sections 186.34 and 186.35 of, the Penal Code, relating to criminal gangs.

• AB 103 (Committee on Budget) Contains necessary statutory and technical changes to implement the Budget Act of 2016 related to Public Safety.

An act to amend Sections 384 and 1010.6 of the Code of Civil Procedure, to amend Sections 11040, 11041, 11042, 11045, 24000, 69580, 69592, 69594, and 69600 of, to add Sections 15007, 15820.948, 68514, and 69614.4 to, to add Article 9 (commencing with 70500) to Chapter 5.7 of Title 8 of, to add Chapter 17.8 (commencing with Section 7310) to Division 7 of Title 1 of, to add Chapter 16 (commencing with Section 27770) to Part 3 of Division 2 of Title 3 of, to add and repeal Section 12532 of, and to repeal Section 11043 of, the Government Code, to add Section 329 to the Military and Veterans Code, to amend Sections 1170.18, 1370, 1370.6, 1372, 1463.007, 1464, 1557, 2801, 2808, 3453, 5075, 6031, 6031.1, 29800, 29805, 30680, and 30900 of, to add Sections 1170.127 and 4032 to, to repeal Sections 1203.6 and 1464.2 of, and to repeal and add Section 1203.5 of, the Penal Code, to add and repeal Section 10340.1 of the Public Contract Code, to amend Sections 13365, 13365.2, 40509, and 40509.5 of the Vehicle Code, and to amend Sections 209, 1982, 4100, 4358.5, 7228, and 7234 of, and to repeal and add Sections 270 and 271 of, the Welfare and Institutions Code, relating to public safety, making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 208 (Eggman) Converts the existing deferred entry of judgment (DEJ) program for specified drug-possession offenses into a pretrial drug diversion program.

An act to amend Sections 1000, 1000.1, 1000.2, 1000.3, 1000.4, 1000.5, and 1000.6 of, and to add Section 1000.65 to, the Penal Code, relating to deferred entry of judgment.

• AB 255 (Gallagher) This bill specifies that courts must consider the connections to the community when designating the placement of a sexually violent predator (SVP) in a county for conditional release. Specifically, the court shall consider if and how long the person has previously resided or been employed in the county; and if the person has next of kin in the county.

An act to amend Section 6608.5 of the Welfare and Institutions Code, relating to sexually violent predators.

• AB 264 (Low) Requires the court to consider issuing a restraining order for up to 10 years in gang cases, and expands the court’s authority to issue post-conviction restraining orders to cover witnesses to the qualifying crimes.

An act to amend Section 136.2 of the Penal Code, relating to protective orders.

• AB 335 (Kiley) Provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness.

An act to amend Section 3003 of the Penal Code, relating to parole.

• AB 368 (Muratsuchi) This bill allows the consolidation of specified sex offenses with a child 10 years of age or younger occurring in different counties into a single trial if all district attorneys in the counties with jurisdiction agree.

An act to amend Section 784.7 of the Penal Code, relating to criminal procedure.

• AB 413 (Eggman) Allows a party to a confidential communication to record the conversation for the purpose of obtaining information reasonably believed to relate to the crime of domestic violence.

An act to amend Sections 633.5 and 633.6 of the Penal Code, relating to confidential communications.

• AB 424 (McCarty) Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone, and exempts sanctioned shooting sports or activities from the prohibition, as specified.

An act to amend Sections 626.9, 26370, and 26405 of the Penal Code, relating to firearms.

• AB 484 (Cunningham) Adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

An act to amend Section 290 of the Penal Code, relating to sex offenses.

• AB 493 (Jones-Sawyer) Prohibits law enforcement from detaining a crime victim or witness solely for an actual or suspected immigration violation.

An act to add Section 679.015 to the Penal Code, relating to crime.

• AB 539 (Acosta) Expands the grounds for issuance of a search warrant to include evidence of a misdemeanor violation of disorderly conduct, as specified.

An act to amend Section 1524 of the Penal Code, relating to search warrants.

• AB 585 (Gipson) This bill specifies that a police-security officer, includes an officer employed by a chief of police division that is within a city department that operates independently of the city police department.

An act to amend Section 831.4 of the Penal Code, relating to public officers.

• AB 660 (Rubio) Expands the crime of trespass on the property of a public agency.

An act to amend Section 602.1 of the Penal Code, relating to crime.

• AB 683 (Eduardo Garcia) This bill authorizes the Counties of Alameda, Imperial, Los Angeles, Riverside, San Diego, Santa Clara, and San Joaquin to implement reentry pilot programs for inmates during or after their incarceration in a county jail.

An act relating to prisoners.

• AB 693 (Irwin) Exempts persons enrolled in the course of basic training prescribed by the Commission on Peace Officers Standards and Training (POST) from specified prohibitions related to firearms, ammunition, and large-capacity magazines.

An act to amend Section 30312 of, and to add Sections 26625, 27970, and 32455 to, the Penal Code, relating to firearms, and declaring the urgency thereof, to take effect immediately.

• AB 720 (Eggman) Applies the existing framework for involuntary medication of a person in county jail after being sentenced on a criminal conviction, to other inmates in county jail including those awaiting arraignment, trial, or sentencing. Limits the time period for an involuntary medication order for county jail inmates awaiting arraignment, trial, or sentencing to six months. Requires counties to report to the Legislature on the involuntary medication of inmates awaiting arraignment, trial, or sentencing, if a county engages in such a practice. Provides a sunset date of January 1, 2022.

An act to amend, repeal, and add Section 2603 of the Penal Code, relating to county jail inmates.

• AB 785 (Jones-Sawyer) Adds two hate crimes to the list of misdemeanors that result in a ban on the right to possess a firearm for 10 years.

An act to amend and repeal Section 29805 of the Penal Code, relating to firearms.

• AB 789 (Rubio) Allows a court to approve, without a hearing, own recognizance (OR) release under a court-operated or court-approved pretrial release program for arrestees of specified felony offenses with three or more prior failures to appear.

An act to amend Section 1319.5 of the Penal Code, relating to criminal law.

• AB 993 (Baker) Authorizes the prosecution to apply for an order that the victims at the preliminary hearing be video recorded and the video recording be preserved when the defendant is charged with aggravated sexual assault of a child under the age of 14 years of age, or charged with oral copulation, sexual penetration, rape or sodomy of a child under 10 years of age.

An act to amend Section 1346 of the Penal Code, relating to crimes.

• AB 1024 (Kiley) Requires a court to disclose all or a part of an indictment proceeding transcript, excluding the grand jury’s private deliberations and voting, when the grand jury decides not to return an indictment for an offense that involves a peace officer shooting or use of excessive force that results in death of a detainee or arrestee.

An act to amend Section 924.6 of the Penal Code, relating to grand juries.

• AB 1034 (Chau) Implements various recommendations by the California Law Revision Commission (CLRC) related to government interruption of communication service statutes.

An act to add Article 7 (commencing with Section 11470) to Chapter 3 of Title 1 of Part 4 of the Penal Code, and to repeal Sections 7907 and 7908 of the Public Utilities Code, relating to criminal procedure.

• AB 1115 (Jones-Sawyer) This bill enables individuals sentenced to state prison for a felony, that if committed after enactment of the 2011 Realignment legislation would have been eligible for county jail sentencing, to obtain expungement relief.

An act to add Section 1203.42 to the Penal Code, relating to convictions.

• AB 1308 (Mark Stone) This bill expands the youth offender parole process, a parole process for persons sentenced to lengthy prison terms for crimes committed before attaining 23 years of age, to include those who have committed their crimes before attaining the age of 25.

An act to amend Sections 3051 and 4801 of the Penal Code, relating to parole.

• AB 1312 (Gonzalez Fletcher) Requires law enforcement and medical professionals to provide victims of sexual assault with written notification of their rights. Provides additional rights to victims of sexual assault.

An act to amend Sections 264.2, 679.04, 680, 13823.11, and 13823.95 of, and to add Section 680.2 to, the Penal Code, relating to sexual assault victims.

• AB 1384 (Weber) Recognizes the Trauma Recovery Center at San Francisco General Hospital as the State Pilot Trauma Recovery Center (State Pilot TRC), and requires the California Victims Compensation and Government Claims Board (CVCGB) to use the model developed by this center when it awards grants to establish additional trauma recovery centers.

An act to amend Section 13963.1 of, and to add Section 13963.2 to, the Government Code, relating to victims of violent crimes.

• AB 1440 (Kalra) Clarifies that United States Immigration and Customs Enforcement (ICE) officers and border protection officers are not California peace officers.

An act to add Section 830.85 to the Penal Code, relating to peace officers.

• AB 1448 (Weber) Codifies the Elderly Parole Program, to be administered by the Board of Parole Hearings (BPH).

An act to amend Sections 3041 and 3046 of, and to add Section 3055 to, the Penal Code, relating to parole.

• AB 1459 (Quirk-Silva) Declares the finding of the Legislature that all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, as defined in statute, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties are considered first degree murder for purposes of the gravity of the offense and the support of survivors.

An act to add Section 189.1 to the Penal Code, relating to murder.

• AB 1518 (Weber) Delays implementation of regulations related to the Racial Identity Profiling Act (RIPA) for one year until January 1, 2018.

An act to amend Section 12525.5 of the Government Code, and to amend Section 13012 of the Penal Code, relating to criminal justice.

• AB 1525 (Baker) This bill updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms.

An act to amend Sections 23640, 31630, 31640, and 31645 of, and to amend, repeal, and add Section 26835 of, the Penal Code, relating to firearms.

• AB 1542 (Dababneh) Allows the court to consider the recording of a commission of a violent felony as a factor in aggravation for sentencing purposes.

An act to add Section 667.95 to the Penal Code, relating to violent felonies.

• SB 40 (Roth) This bill requires written notice to be furnished to victims at the scene of a domestic violence incident informing the victim that strangulation may cause internal injuries and encouraging the victim to seek medical attention. This bill also requires law enforcement agencies and the Attorney General to include the number of domestic violence incidents involving strangulation or suffocation in their existing reporting requirements.

An act to amend Sections 13701 and 13730 of the Penal Code, relating to domestic violence.

• SB 238 (Hertzberg) This bill authorizes, in addition to a photographic record, a digital record of an exhibit to be taken, as specified, and retained by the clerk of the court. This bill also authorizes the release of an arrested person who is delivered to a specified facility for the purpose of mental health evaluation and treatment.

An act to amend Sections 849, 851.6, and 1417.7 of the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately.

• SB 239 (Wiener) This bill modifies criminal penalties related to human immunodeficiency virus (HIV) that specify higher punishment than those that apply to other communicable diseases.

An act to amend Sections 1603.3 and 1644.5 of, to repeal Sections 1621.5, 120291, and 120292 of, and to repeal and add Section 120290 of, the Health and Safety Code, and to amend Sections 1001, 1001.1, and 1202.1 of, to add Sections 1170.21 and 1170.22 to, to repeal Sections 647f, 1001.10, 1001.11, and 1463.23 of, and to repeal and add Section 1202.6 of, the Penal Code, relating to infectious and communicable diseases.

• SB 324 (Roth) This bill allows a custodial officer, at the discretion of the employing sheriff or chief of police, as applicable, to use a less lethal weapon if the officer (1) is trained in its use, and (2) complies with the policy on the use of less lethal weapons as set forth by the sheriff or chief of police.

An act to amend Section 831 of the Penal Code, relating to custodial officers.

• SB 336 (Anderson) This bill expands the definition of “exonerated,” for the purpose of eligibility for assistance with transitional services upon release from prison, to include a person who has been granted a writ of habeas resulting in the dismissal of the criminal charges for which he or she was incarcerated, or following a determination has been made that the person should be released on his or her own recognizance, or to bail, pending retrial or pending appeal.

An act to amend Section 3007.05 of the Penal Code, relating to inmates.

• SB 355 (Mitchell) Eliminates the fee for court-appointed counsel in cases which do not result in a conviction for a felony or a misdemeanor.

An act to amend Sections 987.8 and 987.81 of the Penal Code, relating to criminal procedure.

• SB 384 (Wiener) This bill creates a tiered registry for sex offenses so that people will be required to register for 10 years, 20 years, or lifetime depending on the conviction offense.

An act to amend Sections 9002 and 13125 of, and to amend, repeal, and add Sections 290, 290.006, 290.008, 290.45, 290.46, 290.5, and 4852.03 of, the Penal Code, relating to sex offenders.

• SB 420 (Monning) This bill requires the Department of Justice (DOJ) to include sentencing information in the state summary criminal history, if present in the department’s records at the time of response, whenever state summary criminal history is provided to specified entities.

An act to amend Section 11105 of the Penal Code, relating to criminal history information.

• SB 497 (Portantino) This bill allows a peace officer when leaving a handgun in an unattended vehicle to lock the handgun in the center console, as specified.

An act to amend Section 25140 of the Penal Code, relating to firearms.

• SB 500 (Leyva) This bill expands the crime of extortion to include not only the obtaining of property, but also the obtaining of other consideration, including sexual conduct or images of intimate body parts.

An act to amend Sections 518, 520, 523, 524, and 526 of the Penal Code, relating to extortion.

• SB 534 (Lara) This bill, an urgency measure, appropriates approximately $2 million to the Executive Officer of the California Victim Compensation Board (Board) for the payment of four erroneous conviction claims, as specified.

An act relating to state claims, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

• SB 536 (Pan) This bill requires the state Department of Justice (DOJ) to make information related to gun-violence restraining orders (GVRO’s) that is maintained in the California Restraining Order and Protective Order System or any similar database maintained by DOJ available to researchers affiliated with the University of California (UC), or, at the discretion of DOJ, any other entity that is concerned with the study and prevention of violence, for academic and research purposes.

An act to add Section 14231.5 to the Penal Code, relating to firearm violence.

• SB 597 (Leyva) This bill makes the address confidentiality program administered by the Secretary of State (SOS), known as the Safe at Home (SAH) program, available to victims of human trafficking, and makes additional conforming changes. This bill also expands the program to include household members of victims of domestic violence, sexual assault, stalking, and human trafficking, as specified.

An act to amend Sections 6205, 6205.5, 6206, 6206.7, 6208.5, 6209.5, and 6209.7 of the Government Code, relating to human trafficking.

• SB 610 (Nguyen) This bill extends the statute of limitations for the crime of concealing an accidental death.

An act to amend Section 803 of the Penal Code, relating to wrongful concealment.

• SB 620 (Bradford) This bill allows a court, in the interest of justice, to strike or dismiss a firearm enhancement which otherwise adds a state prison term of three, four, or 10 years, or five, six, or 10 years, depending on the firearm, or a state prison term of 10 years, 20 years, or 25-years-to-life depending on the underlying offense and manner of use.

An act to amend Sections 12022.5 and 12022.53 of the Penal Code, relating to firearms.

• SB 670 (Jackson) This bill requires, when imposing specified felony sentences concurrent or consecutive to another felony sentence in another county or counties, the court rendering the subsequent judgment to determine the county or counties of incarceration and supervision of the defendant; and requires the Judicial Council to adopt rules providing criteria for the consideration of the judge to determine the appropriate county or counties of incarceration and supervision.

An act to amend Sections 1170 and 1170.3 of the Penal Code, relating to sentencing.

• SB 684 (Bates) This bill authorizes a prosecutor, in felony cases involving alleged death, great bodily harm, or a serious threat to the physical well-being of another person, to request a probable cause hearing at any time before or after a defendant is determined to be incompetent to stand trial (IST) in order to establish probable cause that the defendant committed the crime for purposes of establishing a “Murphy” conservatorship; and codifies that certain persons may be conserved under either a “Murphy” conservatorship or Lanterman-Petris-Short (LPS) conservatorship.

An act to amend Sections 1368.1 and 1370 of the Penal Code, and to amend Section 5008 of the Welfare and Institutions Code, relating to criminal trial.

• SB 756 (Stern) This bill adds the crimes of continuous sexual abuse of a child and sexual acts with a child 10 years of age or younger to the statute authorizing non-economic restitution for lewd and lascivious acts against a child under the age of 14.

An act to amend Section 1202.4 of the Penal Code, relating to restitution, and making an appropriation therefor.