Pending Issues
New and Pending Legislation
Important Dates:
January 3, 2022: Legislature reconvenes for 2022 legislative session.
January 31, 2022: Last day for each house to pass bills introduced in that house during 2021 legislative session.
February 18, 2022: Last day for bills to be introduced.
May 27, 2022: Last day for each house to pass bills introduced in that house.
August 31, 2022: Last day for bills to be passed.
September 30, 2022: Last day for Governor to sign or veto bills passed by Legislature.
Additional Resources:
Judicial Council Court-Related Legislation
Table of New and Pending Legislation:
| Bill / Status | Summary (Enacted Bills Only) | Retroactivity (Enacted Ameliorative Criminal and Delinquency Bills Only) |
| Assembly Bill 124 – Criminal procedure Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
Expands coercion defense for human trafficking victims and extends it to victims of intimate partner violence and sexual violence. Extends petitioning process for human trafficking victims to victims of intimate partner violence and sexual violence. Requires prosecutors to consider certain mitigating factors in plea bargaining. In conjunction with AB 1540 and SB 567, makes additional changes to PC 1170(b) and PC 1170.03. |
AB 124 and SB 567’s amendments to PC 1170(b) apply retroactively to nonfinal cases. (See People v. Banner (Cal. Ct. App., Apr. 8, 2022, F079770); People v. Garcia (Cal. Ct. App., Mar. 28, 2022, B306081); People v. Flores (Cal. Ct. App., Jan. 13, 2022, A160578, A161643).) |
| Assembly Bill 177 – Public safety Enacted Sep. 23, 2021. Effective Jan. 1, 2022. |
Eliminates 17 fees/costs, makes associated outstanding debt unenforceable, and requires that any portion of a judgment imposing such fees/costs be vacated. Analysis of AB 177 |
Expressly retroactive to both nonfinal and final cases. (See PC 1465.9(b); VC 42240; People v. Greeley (2021) 70 Cal.App.5th 609 [construing similarly-worded statutory amendments made by AB 1869]; People v. Lopez-Vinck (2021) 68 Cal.App.5th 945 [same]; People v. Clark (2021) 67 Cal.App.5th 248 [same].) |
| Assembly Bill 256 – Criminal procedure: discrimination Introduced Jan. 14, 2021. Pending in Legislature. |
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| Assembly Bill 282 – Misdemeanor diversion Introduced Jan. 21, 2021. Pending in Legislature. |
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| Assembly Bill 333 – Participation in a criminal street gang: enhanced sentence Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
Amends PC 186.22 to redefine key terms in a defense-friendly manner and to eliminate the use of certain prior offenses, as well as the currently charged offense, to establish a pattern of gang activity. Adds PC 1109 to require, upon defense request, bifurcation of trial on a charged gang enhancement. |
AB 333’s amendments to PC 186.22 apply retroactively to nonfinal cases. (See People v. Hall (Cal. Ct. App., Feb. 22, 2022, E072463); People v. Delgado (Cal. Ct. App., Feb. 10, 2022, B299482); People v. Lopez (Cal. Ct. App., Dec. 29, 2021, B301050).) There is currently (as of May 2, 2022) a split of authority as to whether AB 333’s addition of PC 1109 applies retroactively to nonfinal cases. (Compare People v. Perez (Cal. Ct. App., May 2, 2023, B300396) with People v. Ramos (Cal. Ct. App., Apr. 27, 2022, F080916), People v. Burgos (Cal. Ct. App., Apr. 15, 2022, H045212).) |
| Assembly Bill 518 – Criminal law: violations punishable in multiple ways Enacted Oct. 1, 2021. Effective Jan. 1, 2022. |
Amends PC 654 to allow criminal conduct punishable in different ways by different provisions of law to be punished under any of those provisions, rather than only the provision providing for the longest potential term of imprisonment. | AB 518’s amendments to PC 654 apply retroactively to nonfinal cases. (See People v. Mendoza (Cal. Ct. App., Feb. 3, 2022, B306169); People v. Mani (Cal. Ct. App., Jan. 26, 2022, C088716).) |
| Assembly Bill 624 – Juveniles: transfer to court of criminal jurisdiction: appeals Enacted September 22, 2021. Effective January 1, 2022. |
Makes an order transferring a minor from juvenile court to adult criminal court an appealable order subject to immediate review through an interlocutory appeal filed within 30 days of the transfer order. | |
| Assembly Bill 764 – Contempt of court: victim intimidation Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
Amends PC 166(a)(4) and 166(b)(1), regarding misdemeanor contempt for persons previously convicted of stalking. | No published authority on retroactivity yet. |
| Assembly Bill 788 – Juveniles: reunification Enacted Sep. 22, 2021. Effective Jan. 1, 2022. |
Clarifies that, as used in WIC 361.5(b)(13), “resisted” means that the parent or guardian refused to participate meaningfully in a prior court-ordered treatment program, and does not include “passive resistance” as described in In re B.E. (2020) 46 Cal.App.5th 932. | |
| Assembly Bill 939 – Sex offenses: evidence Enacted Oct. 5, 2021. Effective Jan. 1, 2022. |
Amends EC 1103 to prohibit, under any circumstances, evidence of the manner in which a survivor was dressed to prove consent in a sexual assault case. | |
| Assembly Bill 960 – Medical parole Introduced Feb. 17, 2021. Pending in Legislature. |
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| Assembly Bill 1171 – Rape of a spouse Enacted Oct. 7, 2021. Effective Jan. 1, 2022. |
Includes spousal rape in the broader definition of rape and makes a person convicted of spousal rape subject to mandatory imprisonment and the sex offender registry list. | |
| Assembly Bill 1228 – Supervised persons: release Enacted Oct. 5, 2021. Effective Jan. 1, 2022. |
Restricts trial courts’ ability to detain probationers alleged to have violated their conditions of probation pending a formal hearing on the alleged violation. | |
| Assembly Bill 1259 – Criminal procedure: motion to vacate Enacted Sep. 30, 2021. Effective Jan. 1, 2022. |
Amends PC 1473.7 to allow persons convicted either by plea or at trial to file a motion to vacate their conviction based on inadequate advice regarding immigration consequences. | |
| Assembly Bill 1509 – Enhancements: firearms Introduced Feb. 19, 2021. Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c). |
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| Assembly Bill 1540 – Criminal procedure: resentencing Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
In conjunction with AB 124, adds procedural requirements to the recall and resentencing mechanism currently set out at PC 1170(d)(1) and moves the mechanism to a new statute, PC 1170.03. | AB 124 and AB 1540’s amendments to PC 1170(d)(1) and PC 1170.03 apply retroactively to nonfinal cases. (See People v. McMurray (Cal. Ct. App., Mar. 30, 2022, C090767).) |
| Assembly Bill 1597 – Shoplifting: increased penalties for prior crimes Introduced Jan. 3, 2022. Pending in Legislature. |
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| Assembly Bill 1598 – Controlled substances: paraphernalia: fentanyl testing Introduced Jan. 3, 2022. Pending in Legislature. |
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| Assembly Bill 1599 – Proposition 47: repeal Introduced Jan. 3, 2022. Pending in Legislature. |
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| Assembly Bill 1603 – Theft: shoplifting: amount Introduced Jan. 3, 2022. Pending in Legislature. |
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| Assembly Bill 1613 – Theft: jurisdiction Introduced Jan. 5, 2022. Pending in Legislature. |
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| Assembly Bill 1630 – Competence to stand trial: statewide application Introduced Jan. 11, 2022. Pending in Legislature. |
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| Assembly Bill 1641 – Sexually violent predators Introduced Jan. 12, 2022. Pending in Legislature. |
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| Assembly Bill 1665 – Violent felonies: trafficking a minor Introduced Jan. 19, 2022. Pending in Legislature. |
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| Assembly Bill 1698 – Organized Package Theft Act Introduced Jan. 25, 2022. Pending in Legislature. |
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| Assembly Bill 1706 – Cannabis crimes: resentencing Introduced Jan. 26, 2022. Pending in Legislature. |
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| Assembly Bill 1725 – Illegal cultivation of cannabis Introduced Jan. 27, 2022. Pending in Legislature. |
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| Assembly Bill 1744 – Probation and mandatory supervision: flash incarceration Introduced Jan. 31, 2022. Pending in Legislature. |
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| Assembly Bill 1803 – Probation: ability to pay Introduced Feb. 7, 2022. Pending in Legislature. |
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| Assembly Bill 1835 – Sexually violent predators: conditional release: placement location Introduced Feb. 7, 2022. Pending in Legislature. |
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| Assembly Bill 1847 – Criminal procedure: victims’ rights Introduced Feb. 8, 2022. Pending in Legislature. |
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| Assembly Bill 1869 – Firearms: unserialized firearms Introduced Feb. 8, 2022. Pending in Legislature. |
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| Assembly Bill 1899 – Crimes: false personation Introduced Feb. 9, 2022. Pending in Legislature. |
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| Assembly Bill 1924 – Criminal law: certificate of rehabilitation Introduced Feb. 9, 2022. Pending in Legislature. |
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| Assembly Bill 1928 – Hope California: Secured Residential Treatment Pilot Program Introduced Feb. 9, 2020. Pending in Legislature. |
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| Assembly Bill 1970 – Solicitation of prostitution from a minor Introduced Feb. 10, 2022. Pending in Legislature. |
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| Assembly Bill 1980 – Statute of limitation: ransomware Introduced Feb. 10, 2022. Pending in Legislature. |
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| Assembly Bill 2017 – Evidence: hearsay: exceptions Introduced Feb. 14, 2022. Pending in Legislature. |
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| Assembly Bill 2027 – Criminal sentencing: dismissal of enhancements Introduced Feb. 14, 2022. Pending in Legislature. |
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| Assembly Bill 2040 – Criminal procedure: restraining order violation Introduced Feb. 14, 2022. Pending in Legislature. |
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| Assembly Bill 2126 – Controlled substances Introduced Feb. 15, 2022. Pending in Legislature. |
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| Assembly Bill 2138 – Domestic violence: probation: sobriety-monitoring programs Introduced Feb. 15, 2022. Pending in Legislature. |
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| Assembly Bill 2151 – Booking fees: crimes related to sex purchasing Introduced Feb. 15, 2022. Pending in Legislature. |
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| Assembly Bill 2169 – Criminal procedure Introduced Feb. 15, 2022. Pending in Legislature. |
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| Assembly Bill 2195 – Crimes: nuisance Introduced Feb. 15, 2022. Pending in Legislature. |
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| Assembly Bill 2198 – Vehicles: driving under the influence Introduced Feb. 15, 2022. Pending in Legislature. |
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| Assembly Bill 2239 – Firearms: prohibited persons Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2282 – Hate crimes: nooses, crosses, and swastikas Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2294 – Diversion for repeat retail theft crimes Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2333 – Hate crimes: peace officers Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2356 – Crimes: theft in concert Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2361 – Juveniles: transfer to court of criminal jurisdiction Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2366 – Controlled substances Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2374 – Crimes against public health and safety: illegal dumping Introduced Feb. 16, 2022. Pending in Legislature. |
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| Assembly Bill 2398 – Catalytic converters Introduced Feb. 17, 2022. Pending in Legislature. |
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| Assembly Bill 2409 – Parole: victim’s rights Introduced Feb. 17, 2022. Pending in Legislature. |
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| Assembly Bill 2417 – Juveniles: Youth Bill of Rights Introduced Feb. 17, 2022. Pending in Legislature. |
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| Assembly Bill 2435 – Jury instructions: lesser-related offenses Introduced Feb. 17, 2022. Pending In Legislature. |
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| Assembly Bill 2543 – Theft and burglary Introduced Feb. 17, 2022. Pending in Legislature. |
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| Assembly Bill 2545 – Theft: receiving stolen property: firearms Introduced Feb. 17, 2022. Pending in Legislature. |
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| Assembly Bill 2555 – Domestic violence: probation: sobriety-monitoring programs Introduced Feb. 17, 2022. Pending in Legislature. |
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| Assembly Bill 2588 – Crimes: obstruction of justice Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2595 – Juveniles: dependency: jurisdiction of the juvenile court Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2632 – Segregated confinement Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2644 – Juveniles: custodial interrogation Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2657 – Incarcerated person’s competence Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2658 – Juveniles: electronic monitoring Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2706 – Innocence Commission Pilot Programs Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2712 – Criminal procedure: search warrants Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2715 – Organized retail theft Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2718 – Crimes: theft Introduced Feb. 18, 2022. Pending in Legislature. |
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| Assembly Bill 2799 – Criminal trials: jury instructions Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 73 – Probation: eligibility: crimes relating to controlled substances Enacted Oct. 5, 2021. Effective Jan. 1, 2022. |
Expands trial courts’ discretion to grant probation in a range of felony drug cases. | No published authority on retroactivity yet. |
| Senate Bill 81 – Sentencing: dismissal of enhancements Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
Amends PC 1385 to encourage trial courts to dismiss enhancements where doing so is in furtherance of justice. | Expressly not retroactive. (See PC 1385(c)(7).) Applicable to sentencings – and resentencings – occurring after Jan. 1, 2022. (See People v. Sek (Cal. Ct. App., Feb. 22, 2022, B309003).) |
| Senate Bill 82 – Petty theft Introduced Dec. 15, 2020. Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c). |
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| Senate Bill 243 – Trial testimony: expert witnesses: habeas corpus Introduced Jan. 21, 2021. Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c). |
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| Senate Bill 300 – Crimes: murder: punishment Introduced Feb. 3, 2021. Pending in Legislature. |
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| Senate Bill 317 – Competence to stand trial Enacted Oct. 6, 2021. Effective Jan. 1, 2022. |
Amends PC 4019 to ensure that a person receives day-for-day presentence conduct credits for time spent confined in a mental health treatment facility while criminal proceedings were suspended on competency grounds. | SB 317’s amendments to PC 4019 do not apply retroactively. (See People v. Orellana (Cal. Ct. App., Jan. 25, 2022, H048315).) |
| Senate Bill 383 – Juveniles: informal supervision: deferred entry of judgment Enacted Oct. 6, 2021. Effective Jan. 1, 2022. |
Authorizes a juvenile court receiving a delinquency case transferred from another county to determine whether an eligible minor is suitable for deferred entry of judgment if the transferring court did not do so. Expands the circumstances under which a minor is eligible for informal supervision. | No published authority on retroactivity yet. |
| Senate Bill 481 – Sentencing: special circumstances Introduced Feb. 17, 2021. Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c). |
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| Senate Bill 483 – Sentencing: resentencing to remove sentencing enhancements Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
Requires CDCR and county correctional administrators to identify any person in their custody serving a sentence based on an enhancement repealed by SB 180 (2017) or SB 136 (2019), including any person whose sentence is final, and to notify the sentencing court, which must then resentence the person to remove the repealed enhancement. | Expressly retroactive to nonfinal and final cases. (See PC 1171, 1171.1.) |
| Senate Bill 567 – Criminal procedure: sentencing Enacted Oct. 8, 2021. Effective Jan. 1, 2022. |
In conjunction with AB 124, amends PC 1170(b) and PC 1170.1(d) to overhaul the determinate sentencing framework by allowing imposition of upper-term sentences only where aggravating circumstances justifying such a sentence are proven beyond a reasonable doubt at trial, and by requiring imposition of lower-term sentences in certain cases. |
AB 124 and SB 567’s amendments to PC 1170(b) apply retroactively to nonfinal cases. (See People v. Banner (Cal. Ct. App., Apr. 8, 2022, F079770); People v. Garcia (Cal. Ct. App., Mar. 28, 2022, B306081); People v. Flores (Cal. Ct. App., Jan. 13, 2022, A160578, A161643).) |
| Senate Bill 775 – Felony murder: resentencing Enacted Oct. 5, 2021. Effective Jan. 1, 2022. |
Amends PC 1170.95 to, among other things, clarify that persons convicted of attempted murder and manslaughter are eligible for resentencing under the statute. OSPD Memo on SB 775 OSPD SB 775 Pro Per Packet SB 775 Preliminary Cheat Sheet and Advice |
SB 775’s amendments to PC 1170.95 apply retroactively to nonfinal cases. (See People v. Langi (Cal. Ct. App., Jan. 12, 2022, A160262); People v. Porter (Cal. Ct. App., Jan. 6, 2022, F080921); People v. Montes (2021) 71 Cal.App.5th 1001.) |
| Senate Bill 904 – Controlled substances: treatment Introduced Feb. 1, 2022. Pending in Legislature. |
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| Senate Bill 981 – Criminal procedure: factual innocence Introduced Feb. 10, 2022. Pending in Legislature. |
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| Senate Bill 990 – Parole: county of release Introduced Feb. 14, 2022. Pending in Legislature. |
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| Senate Bill 1042 – Violent felonies: serious felonies: human trafficking Introduced Feb. 15, 2022. Pending in Legislature. |
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| Senate Bill 1053 – Fentanyl Introduced Feb. 15, 2022. Pending in Legislature. |
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| Senate Bill 1060 – Controlled substances: fentanyl and oxycodone Introduced Feb. 15, 2022 Pending in Legislature. |
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| Senate Bill 1070 – Controlled substances: possession of firearms Introduced Feb. 15, 2022. Pending in Legislature. |
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| Senate Bill 1072 – Violent felonies: human trafficking Introduced Feb. 15, 2022. Pending in Legislature. |
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| Senate Bill 1081 – Disorderly conduct: peeping, recording, and distribution of intimate images Introduced Feb. 15, 2022. Pending in Legislature. |
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| Senate Bill 1106 – Criminal resentencing: restitution Introduced Feb. 16, 2022. Pending in Legislature. |
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| Senate Bill 1108 – Shoplifting: increased penalties for prior crimes Introduced Feb. 16, 2022. Pending in Legislature. |
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| Senate Bill 1110 – Trespass Introduced Feb. 16, 2022. Pending in Legislature. |
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| Senate Bill 1129 – Felony murder: resentencing: peace officer victims Introduced Feb. 16, 2022. Pending in Legislature. |
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| Senate Bill 1171 – Hearsay evidence: exceptions: medical diagnosis or treatment Introduced Feb. 17, 2022. Pending in Legislature. |
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| Senate Bill 1178 – Criminal procedure: sentencing Introduced Feb. 17, 2022. Pending in Legislature. |
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| Senate Bill 1304 – Prisons: release allowance Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1330 – Crimes: false reports Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1331 – Sentencing: members of military: trauma Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1333 – Sexually violent predators Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1350 – Controlled substances: homicide resulting from the illegal furnishing of a controlled substance Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1426 – Cannabis: water pollution crimes Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1472 – Vehicular manslaughter: speeding and reckless driving Introduced Feb. 18, 2022. Pending in Legislature. |
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| Senate Bill 1493 – Public safety omnibus Introduced Mar. 01, 2022. Pending in Legislature. |
Note: You can register to receive status updates on pending legislation through the California Legislative Information website. At the the top of the webpage for the bill on which you want to receive updates, select “Track Bill” and follow the prompts. This glossary of legislative terms may be helpful in interpreting updates.