Pending Issues & Legislation

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Vetoed by Governor Oct. 8, 2023. Veto message.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends PC 1000.7 to extend the deferred entry of judgment pilot program to January 1, 2026 and removes Napa and Ventura from counties authorized to establish a pilot program.

Not passed by Legislature – dead.

Pending in Legislature.

Not passed by Legislature – dead.

Pending in Legislature.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Pending in Legislature.

Enacted.

Double jointed with AB 600 and amends PC 1172.1 and 3043 to require a crime victim who wishes to be heard at resentencing to notify the prosecution within 15 days of being notified of the resentencing hearing. Requires the court to provide the victim an opportunity to be heard.

Pending in Legislature.

Enacted.

Amends PC 31360 to make it a misdemeanor for a person prohibited from possessing a firearm to possess body armor.

Not passed by Legislature – dead.

Enacted.

Among other changes, makes various amendments to WIC 875, governing secure track commitments in delinquency cases.

Note: This bill took effect immediately upon enactment on Jul. 10, 2023. Attorneys litigating secure track issues should review the amendments to WIC 875 in detail.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Vetoed by Governor Oct. 8, 2023. Veto message.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends PC 11167 to require an agency receiving a report from a nonmandated reporter to ask the reporter to provide specified information, including their name, telephone number, and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect. If the reporter refuses to provide their name or telephone number, the bill would require the agency receiving the report to make an effort to determine the basis for the refusal and advise the reporter that the identifying information would remain confidential.

Pending in Legislature.

Enacted.

Amends PC 13510.6 to require POST to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective internet and social media screenings of officer applicants.

Note: The amendment does not take effect until Jan. 1, 2026.

Vetoed by Governor Oct. 8, 2023. Veto message.

Enacted.

Amends PC 1001.36 to provide that, where a defendant is granted mental health diversion, “[t]he prosecution may request an order from the court that the defendant be prohibited from owning or possessing a firearm until they successfully complete diversion.”

Note: The amendment does not take effect until Jul. 1, 2024.

Enacted.

Amends PC 136.2(i), which authorizes the issuance of a protective order of up to 10 years in cases where the defendant was convicted of domestic violence or other specified offenses, to clarify that such an order may be modified by the sentencing court at any time throughout the duration of the order.

Enacted.

Amends PC 1203.099 to extend, until Jul. 1, 2026, the authorization for the counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to offer alternative programs for individuals convicted of domestic violence.

Note: This bill took effect immediately upon enactment on Jul. 21, 2023.

Not passed by Legislature – dead.

Enacted.

Adds PC 1204.1 , which authorizes a court, for entities with more than 10 employees, to impose a period of probation for a maximum period of 5 years in specified crimes relating to, among other things, dumping in waterways, pesticides, oil dumping and spills, waste management, and animal cruelty.

Not passed by Legislature – dead.

Enacted.

Amends PC 1203.425 to require the DOJ to provide confirmation that automatic conviction record relief was granted upon request from the subject of the record.

Enacted.

Amends PC 1172.1 to authorize a court to resentence a defendant on its own motion “at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law.” Makes various related changes to PC 1172.1.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends HSC 11370.4 and HSC 11372, the weight-based sentencing enhancements applicable to the trafficking of specified controlled substances, to apply to the trafficking of fentanyl.

Enacted.

Amends PC 13300 to allow a prosecutor to disclose to “a public defender’s office, an alternate public defender’s office, or a licensed attorney of record” a list of cases that may involve Brady evidence relating to a testifying peace officer.

Enacted.

Amends PC 16520 to expand the definition of a firearm to include the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part.

Not passed by Legislature – dead.

Enacted.

Amends PC 29810 to provide that a defendant required to relinquish their firearms following a conviction must do so within 48 hours of the conviction if they are out of custody.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends PC 1166 and 1272 to prohibit a court from granting postconviction bail to a person convicted of an offense punishable by death or life without the possibility of parole, and to require the court to remand the person into custody upon conviction.

Pending in Legislature.

Enacted.

Amends PC 784.7 to provide that “if more than one violation of … any crime of domestic violence … occurs in more than one jurisdictional territory, and the defendant and the victim are the same for all of the offenses, the jurisdiction of any of those offenses and for any offenses properly joinable with that offense is in any jurisdiction where at least one of the offenses occurred,” subject to a hearing and the agreement of the district attorneys in all of the involved counties.

Not passed by Legislature – dead.

Vetoed by Governor Oct. 8, 2023. Veto message.

Enacted.

Adds PC 600.8 to require a court to order a person placed on probation for specified animal abuse offenses to successfully complete counseling, and to require the court to also consider ordering the person to undergo a mental health evaluation for the purpose of determining whether a “higher level of treatment” is necessary, in which case the person must complete that level of treatment.

Pending in Legislature.

Not passed by Legislature – dead.

Vetoed by Governor Oct. 8, 2023. Veto message.

Vetoed by Governor Oct. 8, 2023. Veto message.

Enacted.

Adds HSC 11356.6 to require a court to order a defendant placed on probation for specified drug offenses involving either fentanyl or another specified opiate to complete a fentanyl and synthetic opiate education program. Makes related changes to HSC 11373.

Enacted.

Amends WIC 366.22 to require a juvenile court, when it finds at an 18-month review hearing that reasonable reunification services were not provided to the parent, to order that six additional months of services be provided, unless the court finds, by clear and convincing evidence, that continuing the matter would be detrimental to the child. Makes various related changes.

Enacted.

Amends WIC 362 to provide, “When making reasonable orders under this section, the court shall inquire whether a parent or guardian can afford the court-ordered services.”

Adds WIC 362.8 to provide, “At a review hearing where a parent or guardian’s participation in reunification or family maintenance services is considered by the court, … the parent or guardian shall not be considered to be noncompliant with the court-ordered case plan when the court finds that the parent or guardian is unable to pay for a service or that payment for a service would create an undue financial hardship for the parent or guardian, and the social worker did not provide a comparable free service that was accessible and available to the parent or guardian to comply with the case plan during the period subject to the court’s review.”

Not passed by Legislature – dead.

Pending in Legislature.

Pending in Legislature.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends PC 3273.50, 3273.60, 3273.61, 3273.62, 29010, and 29185. Requires anyone who uses a 3D printer or CNC milling machine to manufacture a firearm to be a state-licensed manufacturer. Prohibits the sale, purchase, possession, or receipt of a 3D printer that has the sole or primary function of manufacturing firearms by anyone not licensed.

Enacted.

Amends PC 1170(a)(1) to provide that “the deprivation of liberty [due to incarceration] satisfies the punishment purpose of sentencing,” and that “[t]he purpose of incarceration is rehabilitation and successful community reintegration achieved through education, treatment, and active participation in rehabilitative and restorative justice programs.”

Amends PC 1170(a)(2) to declare that “community-based organizations are an integral part of achieving the state’s objective of ensuring that all people incarcerated in a state prison have access to rehabilitative programs,” and to direct CDCR to “facilitate access for community-based programs.”

Vetoed by Governor Oct. 8, 2023. Veto message.

Enacted.

Amends PC 745 (the Racial Justice Act) to clarify that, “[f]or claims based on the trial record, a defendant may raise a claim alleging a violation of PC 745(a) on direct appeal from the conviction or sentence,” and “may also move to stay the appeal and request remand to the superior court to file a motion pursuant to this section.”

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Pending in Legislature.

Not passed by Legislature – dead.

Pending in Legislature.

Enacted.

Amends PC 5068 to require CDCR to place an incarcerated person who either has a parent-child relationship with a child or is a guardian or relative caregiver of a child “in the correctional institution or facility that is located nearest to the primary place of residence of the person’s child, provided that the placement is suitable and appropriate, would facilitate increased contact between the person and their child, and the [person] gives their consent to the placement.”

Enacted.

Adds EC 1285 to provide that, when included “within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction,” the following statements are not made inadmissible by the hearsay rule at a probable cause hearing under the SVP Act: “(a) A statement from a victim of the sexual offense. (b) A statement from an eyewitness to the sexual offense. (c) A statement from a sexual assault medical examiner who examined a victim of the sexual offense.”

Not passed by Legislature – dead.

Pending in Legislature.

Vetoed by Governor Sept. 22, 2023. Veto message.

Pending in Legislature.

Enacted.

Amends PC 261.5 to prohibit a person placed on probation for violating PC 261.5(d) (unlawful sexual intercourse with a minor under 16 years of age when 21 years of age or older) from “complet[ing] their community service at a school or location where children congregate.”

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends PC 1001.36 to remove borderline personality disorder from the list of mental disorders excluded from mental health diversion.

Not passed by Legislature – dead.

Enacted.

Amends PC 27535 by deleting the private party transaction exemption to the prohibition on making more than one application to purchase a handgun within any 30-day period. Adds an exemption for any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms, and for any private party transaction where the seller is transferring the firearms as a result of the death of the owner of the firearms, as specified.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Adds Elections Code 18560.1 to make it a misdemeanor for a person to vote or attempt to vote in an election held in California and in an election held in another state on the same date.

Pending in Legislature.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Pending in Legislature.

Not passed by Legislature – dead.

Enacted.

Amends WIC 653.5 and 654.3 to increase, from $1,000 to $5,000, the threshold amount of victim restitution that requires a probation officer to commence delinquency proceedings within 48 hours, and that makes a minor presumptively ineligible for informal supervision.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Vetoed by Governor Oct. 8, 2023. Veto message.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Enacted.

Amends PC 987.9 and 1405 to allow any prosecuting agency representing the state on appeal (not just the AG) in a capital case access to the application and contents of the application for specified funds by an indigent defendant when relevant to an issue raised by the defendant. Any prosecuting agency shall be provided with funding records at their request when the defendant raises an issue related to the application for funds on appeal or in a collateral review where an order to show cause has issued. If a court grants a motion for DNA testing in a felony case where the person is incarcerated, the lab conducting the test must be mutually agreed upon by the person filing the motion and the AG/DA, regardless of whether the case is capital or noncapital.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Ordered inactive.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Enacted.

In response to New York State Rifle & Pistol Assn., Inc. v. Bruen (2022) 142 S.Ct. 2111, amends various provisions relating to carrying concealed firearms and carry concealed weapons (CCW) licenses.

Pending in Legislature.

Not passed by Legislature – dead.

Enacted.

Amends PC 1192.7(c) to expand the definition of “serious felony” to include “human trafficking of a minor, in violation of PC 236.1(c), except, with respect to a violation of PC 236.1(c)(1), where the person who committed the offense was a victim of human trafficking, as described in PC 236.1(b) or (c), at the time of the offense.”

Pending in Legislature.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends WIC 5008 to expand the definition of “gravely disabled” for the purposes of the LPS Act to include “[a] condition in which a person, as a result of … a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.”

Adds WIC 5122 to provide that “the statement of a health practitioner … included in the medical record is not made inadmissible by the hearsay rule” at an LPS trial, where (1) “the statement pertains to the [proposed conservatee’s] symptoms or behavior stemming from a mental health disorder or severe substance use disorder that [an expert witness] relies upon to explain the basis for their opinion”; (2) “the statement is based on the observation of the declarant”; and (3) “the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.”

Not passed by Legislature – dead.

Enacted.

Amends HSC 11373 to provide that “[w]hen a person who is otherwise eligible for probation is granted probation by the trial court or sentenced pursuant to PC 1170(h), after conviction for a violation of any controlled substance offense … , the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program, as appropriate for the individual.” Makes various related changes.

Pending in Legislature.

Vetoed by Governor Oct. 7, 2023. Veto message.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Makes various defense-friendly changes to the provisions governing wrongful conviction compensation, including by amending PC 1485.55 to authorize a person to petition for such compensation if the court grants a writ of habeas corpus or vacates a judgment and the charges against the person are subsequently dismissed or the person is acquitted on retrial.

Vetoed by Governor Oct. 8, 2023. Veto message.

Pending in Legislature.

Pending in Legislature.

Enacted.

Amends PC 1473 in various defense-friendly ways, including by: (1) providing that “false evidence” giving rise to a habeas claim need be only “material on the issue of guilt or punishment,” not “substantially material”; (2) redefining “new evidence” giving rise to a habeas claim as “evidence that has not previously been presented and heard at trial and has been discovered after trial”; and (3) providing that if the DA or AG “concedes or stipulates to a factual or legal basis for habeas relief, there shall be a presumption in favor of granting relief.”

Pending in Legislature.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Adds HSC 11376.6 to specify that “it shall not be a crime for a person to possess for personal use a controlled substance … if the person delivers the controlled substance … to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known,” and to provide that such a person’s identity “shall remain confidential.”

Pending in Legislature.

Enacted.

Amends PC 451.5 to: (1) increase the threshold amount for the property-damage aggravating factor for aggravated arson from $8.3 million to $10.1 million; (2) exclude from the calculation of the threshold amount “damage to, or destruction of, inhabited dwellings”; and (3) extend the operation of the property-damage aggravating factor to Jan. 1, 2029.

Not passed by Legislature – dead.

Pending in Legislature.

Enacted.

Amends WIC 16519.5 to: (1) require resource families to demonstrate “[a]n ability and willingness to meet the needs of the child regardless of the child’s sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs”; and (2) require counties to ensure that their caregiver training supports children “of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses.”

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Enacted.

Amends WIC 635 and 636 to prohibit a juvenile court from detaining a minor “based solely on the minor’s county of residence,” and to specify that “a minor shall be given equal consideration for release on home supervision pursuant to WIC 628.1, which may include electronic monitoring pursuant to WIC 628.2, regardless of whether the minor lives in the county where the offense occurred.”

Not passed by Legislature – dead.

Enacted.

Amends WIC 366.21 and 366.22 to remove the presumption that a parent’s failure to “participate regularly and make substantive progress in court-ordered treatment programs” is prima facie evidence that return of the child to the parent’s custody would be detrimental.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends WIC 707 to require a juvenile court to consider the minor’s “involvement in the child welfare or foster care system” and “status as a victim of human trafficking, sexual abuse, or sexual battery” when determining whether to transfer the minor’s case to adult criminal court.

Adds WIC 707.2 to provide that if a juvenile court “receives evidence [during a transfer hearing] that the minor was trafficked, sexually abused, or sexually battered by the alleged victim prior to or during the commission of the alleged offense, the minor shall be retained under the jurisdiction of the juvenile court unless the court finds by clear and convincing evidence that the person against whom the minor is accused of committing an offense did not traffic, sexually abuse, or sexually batter the minor.”

Amends WIC 707.5 provide that if a court “receives evidence [in connection with a motion for return to juvenile court for disposition] that the minor was trafficked, sexually abused, or sexually battered by the alleged victim prior to or during the commission of the alleged offense, the case shall be returned to juvenile court … unless the court finds, by clear and convincing evidence, that the person against whom the charged offense was committed had not sexually abused, sexually battered, or trafficked the minor prior to or during the commission of the alleged offense.”

Enacted.

Amends WIC 319 to: (1) require the social worker’s detention report to include various information regarding the harms to the child that may result from removal and the “least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian”; and (2) require the juvenile court, if it finds that removal is necessary, to set forth various information in a written order or on the record, including the basis for its findings, whether its placement determination “complies with … less disruptive alternatives,” and “any orders necessary to alleviate any disruption or harm to the child resulting from removal.”

Not passed by Legislature – dead.

Enacted.

Amends PC 602(o) to extend the duration of trespass requests for assistance to either 12 months or a period determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.

Pending in Legislature.

Enacted.

Amends PC 1170.18 to remove the November 4, 2022 deadline for petitions seeking reduction of prior felony convictions under Prop 47.

Note: This bill took effect immediately upon enactment on Oct. 8, 2023.

Enacted.

Amends HSC 11358 to provide that cultivation of more than six cannabis plants is a wobbler where the cultivation intentionally or with gross negligence causes substantial environmental harm to “surface or ground water.”

Pending in Legislature.

Not passed by Legislature – dead.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Not passed by Legislature – dead.

Not passed by Legislature – dead.

Enacted.

Amends various provisions relating to probation and mandatory supervision to clarify that, where a person is subject to search or seizure as part of their terms and conditions of probation or mandatory supervision, the person is subject to search or seizure “only by a probation officer or other peace officer.”

Enacted.

Among other changes:

Amends PC 192(e) to specify that “gross negligence” for the purposes of vehicular manslaughter may include “engaging in a motor vehicle speed contest” rather than “an exhibition of speed.”

Amends PC 1004 to provide that a defendant may demur to the accusatory pleading at any time before entry of a plea where “the statutory provision alleged in the accusatory pleading is constitutionally invalid.” 

Amends WIC 628.2 to clarify that a review hearing for a minor placed on electronic monitoring must occur “no less than” every 30 days.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

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Pending in Legislature.

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Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Ordered to inactive file at author’s request.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Enacted.

Amends WIC 224.71 to add to the Youth Bill of Rights the right to receive adequate, appropriate, and timely behavioral health services, as specified.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.

Pending in Legislature.