Pending Issues

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New and Pending California State Legislation

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Important Dates (2023)

Jan. 4, 2023: Legislature reconvenes.

Feb. 17, 2023: Last day for bills to be introduced.

Jun. 2, 2023: Last day for each house to pass bills introduced in that house.

Sep. 14, 2023: Last day for bills to be passed.

Oct. 14, 2023: Last day for Governor to sign or veto bills passed by Legislature.

Table of New and Pending Legislation (2023-2024)

Archives: 2021-2022 This table includes all criminal, juvenile, and civil commitment legislation from the 2023-2024 regular session that we are aware of and have determined to be relevant to our practice. You can register to receive status updates on these and other bills through the California Legislative Information website. At the top of the webpage for the bill on which you want to receive updates, select “Track Bill” and follow the prompts.
Bill Practice Area Status Introduced
Date
Enacted
Date
Effective
Date
Summary (Enacted Bills Only)
AB 0015: Public records: parole calculations and inmate release credits Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
AB 0018: Controlled substances Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
AB 0020: Postadoption contact agreements: reinstatement of parental rights Dependency

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

Dec. 5, 2022
AB 0023: Theft: shoplifting: amount Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
AB 0027: Sentencing: firearms enhancements Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
AB 0032: Violent felonies: hate crimes Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
AB 0036: Domestic violence protective orders: possession of a firearm Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
AB 0061: Criminal procedure: arraignment Criminal

Not passed by Legislature – dead.

Dec. 6, 2022
AB 0067: Homeless Courts Pilot Program Criminal

Pending in Legislature.

Dec. 7, 2022
AB 0075: Shoplifting: increased penalties for prior crimes Criminal

Not passed by Legislature – dead.

Dec. 14, 2022
AB 0081: Indian children: child custody proceedings Dependency

Pending in Legislature.

Dec. 15, 2022
AB 0093: Criminal procedure: consensual searches Criminal

Not passed by Legislature – dead.

Jan. 9, 2023
AB 0229: Violent felonies Criminal

Not passed by Legislature – dead.

Jan. 11, 2023
AB 0257: Encampments: penalties Criminal

Not passed by Legislature – dead.

Jan. 19, 2023
AB 0304: Domestic violence: probation Criminal

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

Jan. 26, 2023
AB 0328: Sentencing: dismissal of enhancements Criminal

Not passed by Legislature – dead.

Jan. 30, 2023
AB 0329: Crime: penalties for shoplifting and petty theft Criminal

Not passed by Legislature – dead.

Jan. 30, 2023
AB 0367: Controlled substances: enhancements Criminal

Not passed by Legislature – dead.

Feb. 1, 2023
AB 0448: Juveniles: relative placement: family finding Dependency

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

Feb. 6, 2023
AB 0484: Sentencing enhancements: property loss Criminal

Not passed by Legislature – dead.

Feb. 7, 2023
AB 0523: Organized retail theft: cargo Criminal

Not passed by Legislature – dead.

Feb. 7, 2023
AB 0667: Firearms: gun violence restraining orders Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0729: Elder abuse Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0758: Firearms Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0763: Sexually violent predators: conditional release: placement location Civil Commitment

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0771: Crimes: assault by administering substance Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0780: Crimes: larceny Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0798: Female genital mutilation Criminal

Pending in Legislature.

Feb. 13, 2023
AB 0808: Crimes: rape Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
AB 0819: Crimes: public transportation: fare evasion Criminal

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

Feb. 13, 2023
AB 0852: Sentencing: bias Criminal

Pending in Legislature.

Feb. 14, 2023
AB 0855: Criminal procedure: fines, fees, and restitution Criminal

Not passed by Legislature – dead.

Feb. 14, 2023
AB 0867: Foster youth Dependency

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

Feb. 14, 2023
AB 0881: Jury duty General

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

Feb. 14, 2023
AB 0977: Emergency departments: assault and battery Criminal

Not passed by Legislature – dead.

Feb. 14, 2023
AB 1039: Sexual activity with detained persons Criminal

Not passed by Legislature – dead.

Feb. 15, 2023
AB 1058: Controlled substances: fentanyl Criminal

Not passed by Legislature – dead.

Feb. 15, 2023
AB 1064: Hate crimes Criminal

Not passed by Legislature – dead.

Feb. 15, 2023
AB 1067: Vehicle accidents: fleeing the scene of an accident Criminal

Not passed by Legislature – dead.

Feb. 15, 2023
AB 1112: Foster youth Dependency

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

Feb. 15, 2023
AB 1134: Family reunification services Dependency

Not passed by Legislature – dead.

Feb. 15, 2023
AB 1177: Parole: hearing records Criminal

Not passed by Legislature – dead.

Feb. 16, 2023
AB 1186: Juveniles: restitution Delinquency

Pending in Legislature.

Feb. 16, 2023
AB 1209: Criminal procedure: public defenders Criminal

Not passed by Legislature – dead.

Feb. 16, 2023
AB 1214: Courts: remote technology General

Pending in Legislature.

Feb. 16, 2023
AB 1260: Parole: notice of release date Criminal

Not passed by Legislature – dead.

Feb. 16, 2023
AB 1266: Infractions: warrants and penalties Criminal

Pending in Legislature.

Feb. 16, 2023
AB 1310: Sentencing: recall and resentencing Criminal

Pending in Legislature.

Feb. 16, 2023
AB 1378: Criminal procedure: protective order violation Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1380: Crimes: disorderly conduct Criminal

Not passed by Legislature – dead.

Feb. 16, 2023
AB 1497: Criminal procedure Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1523: Youth offender parole hearings Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1544: Child Abuse Central Index Dependency

Pending in Legislature.

Feb. 17, 2023
AB 1551: Vehicular manslaughter while intoxicated Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1582: Secure youth treatment facilities Delinquency

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1584: Criminal procedure: competence to stand trial Criminal

Pending in Legislature.

Feb. 17, 2023
AB 1602: Crimes: disorderly conduct Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1708: Theft Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1726: Crimes: sentences Criminal

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

Feb. 17, 2023
AB 1742: Evidence: admissibility General

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1744: Evidence: examination of witnesses General

Not passed by Legislature – dead.

Feb. 17, 2023
AB 1746: Inmate firefighters: credits Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
SB 0009: Raising the Age for Extended Foster Care Pilot Program Act of 2023 Dependency

Pending in Legislature.

Dec. 5, 2022
SB 0013: Controlled substances Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
SB 0022: Courts: remote proceedings General

Pending in Legislature.

Dec. 5, 2022
SB 0031: Encampments: sensitive areas: penalties Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
SB 0036: Out-of-state criminal charges: prosecution related to abortion, contraception, reproductive care, and gender-affirming care Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
SB 0044: Controlled substances Criminal

Not passed by Legislature – dead.

Dec. 5, 2022
SB 0050: Vehicles: enforcement Criminal

Pending in Legislature.

Dec. 5, 2022
SB 0058: Controlled substances: decriminalization of certain hallucinogenic substances Criminal

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

Dec. 16, 2022
SB 0062: Controlled substances: fentanyl Criminal

Not passed by Legislature – dead.

Jan. 4, 2023
SB 0064: Hate crimes: search warrants Criminal

Not passed by Legislature – dead.

Jan. 4, 2023
SB 0081: Parole hearings Criminal

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

Jan. 12, 2023
SB 0089: Crimes: stalking Criminal

Pending in Legislature.

Jan. 17, 2023
SB 0094: Recall and resentencing: special circumstances Criminal

Pending in Legislature.

Jan. 18, 2023
SB 0226: Controlled substances: armed possession: fentanyl Criminal

Pending in Legislature.

Jan. 19, 2023
SB 0232: Mental health services: gravely disabled Civil Commitment

Not passed by Legislature – dead.

Jan. 24, 2023
SB 0237: Controlled substances: fentanyl Criminal

Not passed by Legislature – dead.

Jan. 24, 2023
SB 0268: Crimes: serious and violent felonies Criminal

Pending in Legislature.

Jan. 31, 2023
SB 0316: Shoplifting: increased penalties for prior crimes Criminal

Not passed by Legislature – dead.

Feb. 6, 2023
SB 0349: Criminal procedure: competence to stand trial Criminal

Pending in Legislature.

Feb. 8, 2023
SB 0408: Foster youth with complex needs: regional health teams Dependency

Pending in Legislature.

Feb. 9, 2023
SB 0441: Criminal procedure: discovery Criminal

Pending in Legislature.

Feb. 13, 2023
SB 0442: Sexual battery Criminal

Pending in Legislature.

Feb. 13, 2023
SB 0453: Criminal procedure: speedy trial Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
SB 0468: Trespass Criminal

Not passed by Legislature – dead.

Feb. 13, 2023
SB 0492: Pretrial diversion for veterans Criminal

Not passed by Legislature – dead.

Feb. 14, 2023
SB 0590: Crimes: homicide Criminal

Not passed by Legislature – dead.

Feb. 15, 2023
SB 0690: Domestic violence Criminal

Pending in Legislature.

Feb. 16, 2023
SB 0758: Firearms Criminal

Pending in Legislature.

Feb. 17, 2023
SB 0763: Criminal records Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
SB 0796: Threats Criminal

Pending in Legislature.

Feb. 17, 2023
SB 0804: Criminal procedure: hearsay testimony at preliminary hearings Criminal

Pending in Legislature.

Feb. 17, 2023
SB 0824: Foster care Dependency

Pending in Legislature.

Feb. 17, 2023
SB 0832: Sexually violent predators Civil Commitment

Not passed by Legislature – dead.

Feb. 17, 2023
SB 0843: Factual innocence Criminal

Not passed by Legislature – dead.

Feb. 17, 2023
AB 0467: Domestic violence: restraining orders Criminal

Enacted.

Feb. 6, 2023 Jun. 29, 2023 Jan. 1, 2024

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.

AB 0134: Public safety trailer bill Delinquency

Enacted.

Jan. 9, 2023 Jul. 10, 2023 Jul. 10, 2023

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.

AB 0479: Alternative domestic violence program Criminal

Enacted.

Feb. 7, 2023 Jul. 21, 2023 Jul. 21, 2023

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.

AB 1226: Corrections: Placement of incarcerated persons Criminal

Enacted.

Feb. 16, 2023 Jul. 21, 2023 Jan. 1, 2024

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.”

SB 0250: Controlled substances: punishment Criminal

Enacted.

Jan. 26, 2023 Jul. 21, 2023 Jan. 1, 2024

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.”

SB 0852: Searches: supervised persons Criminal

Enacted.

Feb. 17, 2023 Sep. 22, 2023 Jan. 1, 2024

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.”

SB 0407: Foster care: resource families Dependency

Enacted.

Feb. 9, 2023 Sep. 23, 2023 Jan. 1, 2024

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.”

SB 0014: Serious felonies: human trafficking Criminal

Enacted.

Dec. 5, 2022 Sep. 25, 2023 Jan. 1, 2024

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.”

AB 0092: Body armor: prohibition Criminal

Enacted.

Jan. 5, 2023 Sep. 26, 2023 Jan. 1, 2024

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

AB 0455: Firearms: prohibited persons Criminal

Enacted.

Feb. 6, 2023 Sep. 26, 2023 Jul. 1, 2024

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.

SB 0002: Firearms Criminal

Enacted.

Dec. 5, 2022 Sep. 26, 2023 Jan. 1, 2024

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.

SB 883: Public Safety Omnibus Criminal

Enacted.

Mar. 7, 2023 Oct. 4, 2023 Jan. 1, 2024

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.

AB 1253: Hearsay: exceptions Civil Commitment

Enacted.

Feb. 16, 2023 Oct. 7, 2023 Jan. 1, 2024

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.”

SB 0097: Criminal procedure: writ of habeas corpus Criminal

Enacted.

Jan. 18, 2023 Oct. 7, 2023 Jan. 1, 2024

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.”

SB 0602: Trespass Criminal

Enacted.

Feb. 15, 2023 Oct. 7, 2023 Jan. 1, 2024

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.

AB 0600: Criminal procedure: resentencing Criminal

Enacted.

Feb. 9, 2023 Oct. 8, 2023 Jan. 1, 2024

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.

AB 0701: Controlled substances: fentanyl Criminal

Enacted.

Feb. 13, 2023 Oct. 8, 2023 Jan. 1, 2024

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.

AB 0709: Criminal history information Criminal

Enacted.

Feb. 13, 2023 Oct. 8, 2023 Jan. 1, 2024

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.

AB 0791: Postconviction bail Criminal

Enacted.

Feb. 13, 2023 Oct. 8, 2023 Jan. 1, 2024

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.

AB 0829: Crime: animal abuse Criminal

Enacted.

Feb. 13, 2023 Oct. 8, 2023 Jan. 1, 2024

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.

AB 0937: Dependency: family reunification services Dependency

Enacted.

Feb. 14, 2023 Oct. 8, 2023 Jan. 1, 2024

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.

AB 0954: Dependency: court-ordered services Dependency

Enacted.

Feb. 14, 2023 Oct. 8, 2023 Jan. 1, 2024

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.”

AB 1104: Corrections and rehabilitation: sentencing Criminal

Enacted.

Feb. 15, 2023 Oct. 8, 2023 Jan. 1, 2024

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.”

AB 1118: Criminal procedure: discrimination Criminal

Enacted.

Feb. 15, 2023 Oct. 8, 2023 Jan. 1, 2024

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.”

SB 0046: Controlled substances: treatment Criminal

Enacted.

Dec. 5, 2022 Oct. 8, 2023 Jan. 1, 2024

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.

SB 0448: Juveniles: detention hearings Delinquency

Enacted.

Feb. 13, 2023 Oct. 8, 2023 Jan. 1, 2024

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.”

SB 0578: Juvenile court: dependents: removal Dependency

Enacted.

Feb. 15, 2023 Oct. 8, 2023 Jan. 1, 2024

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.”

SB 0749: Criminal procedure: sentencing Criminal

Enacted.

Feb. 17, 2023 Oct. 8, 2023 Oct. 8, 2023

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.

SB 0753: Cannabis: water resources Criminal

Enacted.

Feb. 17, 2023 Oct. 8, 2023 Jan. 1, 2024

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.”

AB 0806: Criminal procedure: crimes in multiple jurisdictions Criminal

Enacted.

Feb. 13, 2023 Oct. 10, 2023 Jan. 1, 2024

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.

AB 1412: Pretrial diversion: borderline personality disorder Criminal

Enacted.

Feb. 17, 2023 Oct. 10, 2023 Jan. 1, 2024

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

AB 1539: Elections: double voting Criminal

Enacted.

Feb. 17, 2023 Oct. 10, 2023 Jan. 1, 2024

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.

SB 0043: Behavioral health Civil Commitment

Enacted.

Dec. 5, 2022 Oct. 10, 2023 Jan. 1, 2024

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.”

SB 0078: Criminal procedure: factual innocence Criminal

Enacted.

Jan. 12, 2023 Oct. 10, 2023 Jan. 1, 2024

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.

SB 0281: Crimes: aggravated arson Criminal

Enacted.

Feb. 1, 2023 Oct. 10, 2023 Jan. 1, 2024

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.

SB 0463: Dependent children Dependency

Enacted.

Feb. 13, 2023 Oct. 10, 2023 Jan. 1, 2024

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.

SB 0545: Juveniles: transfer to court of criminal jurisdiction Delinquency

Enacted.

Feb. 15, 2023 Oct. 10, 2023 Jan. 1, 2024

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.”

AB 0890: Controlled substances: probation Criminal

Enacted.

Feb. 14, 2023 Oct. 13, 2023 Jan. 1, 2024

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.

AB 1371: Unlawful sexual intercourse with a minor Criminal

Enacted.

Feb. 17, 2023 Oct. 13, 2023 Jan. 1, 2024

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.”

AB 1643: Juveniles: informal supervision Delinquency

Enacted.

Feb. 17, 2023 Oct. 13, 2023 Jan. 1, 2024

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.

AB 0732: Crimes: relinquishment of firearms Criminal

Enacted.

Feb. 13, 2023 Sep. 26, 2024 Jan. 1, 2024

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.