BILL NUMBER: AB 898 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 26, 2015
An act to amend Section 204 of the Labor Code
3042 of the Penal Code , relating to employment.
parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 898, as amended, Gonzalez. Employee wages.
Parole suitability: notice.
Existing law requires the Board of Parole Hearings to provide
written notice at least 30 days before it meets to review or consider
the parole suitability of any inmate sentenced to a life sentence to
the judge of the superior court before whom the inmate was tried and
convicted, the attorney who represented the defendant at trial, the
district attorney of the county in which the offense was committed,
and the law enforcement agency that investigated the case. If the
inmate was convicted of the murder of a peace officer, existing law
also requires notice to be provided to the law enforcement agency
that employed the peace officer.
This bill would, in the case of an inmate who was convicted of the
murder of a firefighter, require the board to provide notice of the
parole suitability hearing to the fire department that employed the
fire fighter.
Existing law requires that employers pay wages to their employees,
twice per calendar month, on days designated in advance as regular
paydays. However, employees defined as executive, administrative, or
professional may be paid once per month.
This bill would make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3042 of the Penal
Code , as amended by Section 6 of Chapter 470 of the
Statutes of 2015, is amended to read:
3042. (a) At least 30 days before the Board of Parole Hearings
meets to review or consider the parole suitability of any inmate
sentenced to a life sentence, the board shall send written notice
thereof to each of the following persons: the judge of the superior
court before whom the inmate was tried and convicted, the attorney
who represented the defendant at trial, the district attorney of the
county in which the offense was committed, the law enforcement agency
that investigated the case, and where if
the inmate was convicted of the murder of a peace
officer, officer or a firefighter, the law
enforcement agency which had or fire
department that employed that the
peace officer or firefighter at the time of the murder.
(b) The Board of Parole Hearings shall record all of
those hearings and transcribe recordings of those hearings within 30
days of any hearing. Those transcripts, including the transcripts of
all prior hearings, shall be filed and maintained in the office of
the Board of Parole Hearings and shall be made available to the
public no later than 30 days from the date of the hearing.
No An inmate shall actually
not be released on parole before
until 60 days from the date of the hearing have elapsed
.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) (1) The written notice to the judge of the superior court
before whom the inmate was tried and convicted shall be sent by
United States mail.
(2) The judge receiving this written notice may forward to the
board any unprivileged information from the trial or sentencing
proceeding regarding the inmate, witnesses, or victims, or other
relevant persons, or any other information, that is pertinent to the
question of whether the board should grant parole or under what
conditions parole should be granted. The judge may also, in his or
her discretion, include information given to him or her by victims,
witnesses, or other persons that bear on the question of the inmate's
suitability for parole.
(3) The board shall review and consider all information received
from the judge or any other person and shall consider adjusting the
conditions of parole to reflect the comments or concerns raised by
this information, as appropriate.
(f) Nothing in this This section
shall be construed as limiting does not limit
the type or content of information the judge or any other
person may forward to the board for consideration under any other
law.
(g) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing for a person sentenced to a life sentence under
this section, may forward that information either by facsimile or
electronic mail. The Department of Corrections and Rehabilitation
shall establish procedures for receiving the information by facsimile
or electronic mail pursuant to this subdivision.
SECTION 1. Section 204 of the Labor Code is
amended to read:
204. (a) All wages, other than those mentioned in Section 201,
201.3, 202, 204.1, or 204.2, earned by any person in any employment
are due and payable twice during each calendar month, on days
designated in advance by the employer as the regular paydays. Labor
performed between the 1st and 15th days, inclusive, of any calendar
month shall be paid for between the 16th and the 26th day of the
month during which the labor was performed, and labor performed
between the 16th and the last day, inclusive, of any calendar month,
shall be paid for between the 1st and 10th day of the following
month. However, salaries of executive, administrative, and
professional employees of employers covered by the Fair Labor
Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair
Labor Standards Act, as amended through March 1, 1969, in Part 541 of
Title 29 of the Code of Federal Regulations, as that part now reads
or may be amended to read at any time hereafter, may be paid once a
month on or before the 26th day of the month during which the labor
was performed if the entire month's salaries, including the unearned
portion between the date of payment and the last day of the month,
are paid at that time.
(b) (1) Notwithstanding any other provision of this section, wages
earned for labor in excess of the normal work period shall be paid
no later than the payday for the next regular payroll period.
(2) An employer is in compliance with the requirements of
subdivision (a) of Section 226 relating to total hours worked by the
employee, if the hours worked in excess of the normal work period
during the current pay period are itemized as corrections on the
paystub for the next regular pay period. Any corrections set out in a
subsequently issued paystub shall state the inclusive dates of the
pay period for which the employer is correcting its initial report of
hours worked.
(c) However, when employees are covered by a collective bargaining
agreement that provides different pay arrangements, those
arrangements shall apply to the covered employees.
(d) The requirements of this section shall be deemed satisfied by
the payment of wages for weekly, biweekly, or semimonthly payroll if
the wages are paid not more than seven calendar days following the
close of the payroll period.