Amended in Senate April 21, 2014

Senate Bill No. 1461

Introduced by Committee on Public Safety (Senators Hancock (Chair), Anderson, De León, Knight, Liu, Mitchell, and Steinberg)

March 3, 2014

An act to amend Section 25401 of the Corporations Code, to amend Section 6306 of the Family Code, to amend Section 12002 of the Fish and Game Code, to amend Section 15155 of the Government Code, to amend Section 655.7 of the Harbors and Navigation Code, to amend Sections 1796.58, 11352, and 11379 of the Health and Safety Code, to amend Sections 19.8, 273.75, 290.012, 311.11, 814, 4902, 11102.2, and 31000 of the Penal Code, and to amend begin delete Section end delete begin insert Sections 213.5, end insert 602 begin insert , and 1401 end insert of the Welfare and Institutions Code, relating to public safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 1461, as amended, Committee on Public Safety. Public safety.

(1) Existing law makes it a misdemeanor, punishable by a fine of not more than $2,000, imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, to fail to visit and remove all animals from traps at least once daily. Existing law makes it a misdemeanor, punishable by a fine of $1,000, imprisonment in the county jail for not more than 6 months, or by both that fine and imprisonment, to set or maintain traps that do not bear a number or other identifying mark, as specified.

This bill would instead provide that setting or maintaining traps that do not bear a number or other identifying mark, as specified, is punishable by a fine of not more than $2,000, imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, and that failing to visit and remove all animals from traps at least once daily is punishable by a fine of $1,000, imprisonment in the county jail for not more than 6 months, or by both that fine and imprisonment.

(2) Existing law requires the Department of Justice to maintain a statewide telecommunications system of communication for the use of law enforcement agencies. The system is under the direction of the Attorney General. Existing law requires the Attorney General to appoint an advisory committee on the California Law Enforcement Telecommunications System to advise and assist in the management of the system. The committee serves at the pleasure of the Attorney General, without compensation, except for reimbursement of necessary travel expenses. Existing law requires the committee to consist of representatives from specified organizations, including from the Department of General Services.

This bill would change the membership of the committee by substituting the representative from the Department of General Services with a representative from the Office of Emergency Services.

(3) Existing law regulates the operation of personal watercraft, as defined, and imposes various requirements for the manufacture and safe operation of a personal watercraft. Existing law prohibits a person from operating a personal watercraft at any time between the hours from sunset to sunrise. A violation of this provision is an infraction.

This bill would exempt marine patrols, harbor police, or emergency personnel in the performance of their duties from that prohibition.

(4) Existing law categorizes controlled substances into 5 schedules. Existing law, subject to exceptions, makes it an offense to, among other things, transport specified Schedule I and Schedule II controlled substances, or any Schedule III, IV, or V controlled substance which is a narcotic drug, unless upon written prescription, as specified. Existing law, subject to exceptions, makes it an offense to, among other things, transport specified Schedule III, IV, or V controlled substances which are not a narcotic drug, unless upon written prescription, as specified. Existing law provides that these provisions do not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, those prohibited acts.

This bill would additionally provide that those provisions do not preclude or limit the prosecution of an individual for acting as an accessory to those prohibited acts.

(5) Existing law requires, commencing January 1, 2011, the Department of Justice to establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Existing law requires agencies to designate custodians of records, and to annually notify the department as to the identity of the agencies’ custodians of records.

This bill would delete that annual notification requirement.

begin insert

(6) Under existing law and until January 1, 2016, California is a party to an interstate compact for juveniles. That compact requires California, among other things, to appoint a commissioner to the Interstate Commission for Juveniles and to create a state council for interstate juvenile supervision. Existing law makes the executive director of the Correction Standards Authority the compact administrator.

end insert begin insert

This bill, instead, would make the Secretary of the Department of Corrections and Rehabilitation the compact administrator.

end insert begin delete

(6)

end delete

begin insert (7) end insert  This bill would make other technical, nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25401 of the Corporations Code is
amended to read:

25401.  

It is unlawful for any person, in connection with the
offer, sale, or purchase of a security, directly or indirectly, to do
any of the following:

(a) Employ a device, scheme, or artifice to defraud.

(b)  Make an untrue statement of material fact or omit to state
a material fact necessary to make the statements made, in light of
the circumstances under which they were made, not misleading.

(c) Engage in an act, practice, or course of business that operates
or would operate as a fraud or deceit upon another person.

SEC. 2.  

Section 6306 of the Family Code is amended to read:

6306.  

(a) Prior to a hearing on the issuance or denial of an
order under this part, the court shall ensure that a search is or has
been conducted to determine if the subject of the proposed order
has any prior criminal conviction for a violent felony specified in
Section 667.5 of the Penal Code or a serious felony specified in
Section 1192.7 of the Penal Code; has any misdemeanor conviction
involving domestic violence, weapons, or other violence; has any
outstanding warrant; is currently on parole or probation; has a
registered firearm; or has any prior restraining order or any
violation of a prior restraining order. The search shall be conducted
of all records and databases readily available and reasonably
accessible to the court, including, but not limited to, the following:

(1) The California Sex and Arson Registry (CSAR).

(2) The Supervised Release File.

(3) State summary criminal history information maintained by
the Department of Justice pursuant to Section 11105 of the Penal
Code.

(4) The Federal Bureau of Investigation’s nationwide database.

(5) Locally maintained criminal history records or databases.

However, a record or database need not be searched if the
information available in that record or database can be obtained
as a result of a search conducted in another record or database.

(b) (1) Prior to deciding whether to issue an order under this
part or when determining appropriate temporary custody and
visitation orders, the court shall consider the following information
obtained pursuant to a search conducted under subdivision (a):
any conviction for a violent felony specified in Section 667.5 of
the Penal Code or a serious felony specified in Section 1192.7 of
the Penal Code; any misdemeanor conviction involving domestic
violence, weapons, or other violence; any outstanding warrant;
parole or probation status; any prior restraining order; and any
violation of a prior restraining order.

(2) Information obtained as a result of the search that does not
involve a conviction described in this subdivision shall not be
considered by the court in making a determination regarding the
issuance of an order pursuant to this part. That information shall
be destroyed and shall not become part of the public file in this or
any other civil proceeding.

(c) (1) After issuing its ruling, the court shall advise the parties
that they may request the information described in subdivision (b)
upon which the court relied. The court shall admonish the party
seeking the proposed order that it is unlawful, pursuant to Sections
11142 and 13303 of the Penal Code, to willfully release the
information, except as authorized by law.

(2) Upon the request of either party to obtain the information
described in subdivision (b) upon which the court relied, the court
shall release the information to the parties or, upon either party’s
request, to his or her attorney in that proceeding.

(3) The party seeking the proposed order may release the
information to his or her counsel, court personnel, and
court-appointed mediators for the purpose of seeking judicial
review of the court’s order or for purposes of court proceedings
under Section 213.5 of the Welfare and Institutions Code.

(d) Any information obtained as a result of the search conducted
pursuant to subdivision (a) and relied upon by the court shall be
maintained in a confidential case file and shall not become part of
the public file in the proceeding or any other civil proceeding.
However, the contents of the confidential case file shall be
disclosed to the court-appointed mediator assigned to the case or
to a child custody evaluator appointed by the court pursuant to
Section 3111 of the Family Code or Section 730 of the Evidence
Code. All court-appointed mediators and child custody evaluators
appointed or contracted by the court pursuant to Section 3111 of
the Family Code or Section 730 of the Evidence Code who may
receive information from the search conducted pursuant to
subdivision (a) shall be subject to, and shall comply with, the
California Law Enforcement Telecommunications System policies,
practices, and procedures adopted pursuant to Section 15160 of
the Government Code.

(e) If the results of the search conducted pursuant to subdivision
(a) indicate that an outstanding warrant exists against the subject
of the order, the court shall order the clerk of the court to
immediately notify, by the most effective means available,
appropriate law enforcement officials of the issuance and contents
of any protective order and of any other information obtained
through the search that the court determines is appropriate. The
law enforcement officials so notified shall take all actions necessary
to execute any outstanding warrants or any other actions, with
respect to the restrained person, as appropriate and as soon as
practicable.

(f) If the results of the search conducted pursuant to subdivision
(a) indicate that the subject of the order is currently on parole or
probation, the court shall order the clerk of the court to immediately
notify, by the most effective means available, the appropriate parole
or probation officer of the issuance and contents of any protective
order issued by the court and of any other information obtained
through the search that the court determines is appropriate. That
officer shall take all actions necessary to revoke any parole or
probation, or any other actions, with respect to the restrained
person, as appropriate and as soon as practicable.

(g) Nothing in this section shall delay the granting of an
application for an order that may otherwise be granted without the
information resulting from the database search. If the court finds
that a protective order under this part should be granted on the
basis of the affidavit presented with the petition, the court shall
issue the protective order and shall then ensure that a search is
conducted pursuant to subdivision (a) prior to the hearing.

SEC. 3.  

Section 12002 of the Fish and Game Code is amended
to read:

12002.  

(a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county
jail for not more than six months, or by both that fine and
imprisonment.

(b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:

(1) Section 1059.

(2) Subdivision (c) of Section 4004.

(3) Section 4600.

(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.

(5) A first violation of Section 8670.

(6) Section 10500.

(7) Unless a greater punishment is otherwise provided, a
violation subject to subdivision (a) of Section 12003.1.

(c) Except as specified in Sections 12001 and 12010, the
punishment for violation of Section 3503, 3503.5, 3513, or 3800
is a fine of not more than five thousand dollars ($5,000),
imprisonment in the county jail for not more than six months, or
by both that fine and imprisonment.

(d) (1) A license, tag, stamp, reservation, permit, or other
entitlement or privilege issued pursuant to this code to a defendant
who fails to appear at a court hearing for a violation of this code,
or who fails to pay a fine imposed pursuant to this code, shall be
immediately suspended or revoked. The license, tag, stamp,
reservation, permit, or other entitlement or privilege shall not be
reinstated or renewed, and no other license, tag, stamp, reservation,
permit, or other entitlement or privilege shall be issued to that
person pursuant to this code, until the court proceeding is
completed or the fine is paid.

(2) This subdivision does not apply to any violation of Section
1052, 1059, 1170, 5650, 5653.9, 6454, 6650, or 6653.5.

SEC. 4.  

Section 15155 of the Government Code is amended
to read:

15155.  

The committee shall consist of representatives from
the following organizations:

(1) Two representatives from the Peace Officers’ Association
of the State of California.

(2) One representative from the California State Sheriffs’
Association.

(3) One representative from the League of California Cities.

(4) One representative from the County Supervisors Association
of California.

(5) One representative from the Department of Justice.

(6) One representative from the Department of Motor Vehicles.

(7) One representative from the Office of Emergency Services.

(8) One representative from the California Highway Patrol.

(9) One representative from the California Police Chiefs
Association.

SEC. 5.  

Section 655.7 of the Harbors and Navigation Code is
amended to read:

655.7.  

(a) A person operating a personal watercraft equipped
by the manufacturer with a lanyard-type engine cutoff switch shall
attach the lanyard to his or her person, clothing, or personal
flotation device, as appropriate for the specific vessel.

(b) No person shall operate a personal watercraft equipped by
the manufacturer with a self-circling device if the self-circling
device or engine throttle has been altered in any way that would
impede or prevent the self-circling device from operating in its
intended manner.

(c) Every personal watercraft shall, at all times, be operated in
a reasonable and prudent manner. Maneuvers that unreasonably
or unnecessarily endanger life, limb, or property, including, but
not limited to, jumping or attempting to jump the wake of another
vessel within 100 feet of that other vessel, operating the personal
watercraft toward any person or vessel in the water and turning
sharply at close range so as to spray the vessel or person, or
operating at a rate of speed and proximity to another vessel so that
either operator is required to swerve at the last minute to avoid
collision, is unsafe or reckless operation of a vessel.

(d) A person shall not operate a personal watercraft at any time
between the hours from sunset to sunrise. This subdivision does
not apply to marine patrol, harbor police, or emergency personnel
in the performance of their duties.

(e) This section does not apply to a performer who is engaged
in a professional exhibition or to a person who is participating in
a regatta, race, marine parade, tournament, exhibition, or other
event sanctioned by the United States Coast Guard or authorized
by a permit issued by the local entity having jurisdiction over the
area where the event is held.

(f) Any violation of this section is an infraction.

SEC. 6.  

Section 1796.58 of the Health and Safety Code is
amended to read:

1796.58.  

Any person who violates this chapter, or who willfully
or repeatedly violates a rule or regulation promulgated under this
chapter, is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed one thousand dollars
($1,000) or by imprisonment in a county jail for a period not to
exceed 180 days, or by both that fine and imprisonment.

SEC. 7.  

Section 11352 of the Health and Safety Code is
amended to read:

11352.  

(a) Except as otherwise provided in this division, every
person who transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into this
state, sell, furnish, administer, or give away, or attempts to import
into this state or transport (1) any controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b)
or (c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, four, or five years.

(b) Notwithstanding the penalty provisions of subdivision (a),
any person who transports any controlled substances specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for three, six,
or nine years.

(c) For purposes of this section, “transports” means to transport
for sale.

(d) This section does not preclude or limit the prosecution of
an individual for aiding and abetting the commission of, or
conspiring to commit, or acting as an accessory to, any act
prohibited by this section.

SEC. 8.  

Section 11379 of the Health and Safety Code is
amended to read:

11379.  

(a) Except as otherwise provided in subdivision (b)
and in Article 7 (commencing with Section 4211) of Chapter 9 of
Division 2 of the Business and Professions Code, every person
who transports, imports into this state, sells, furnishes, administers,
or gives away, or offers to transport, import into this state, sell,
furnish, administer, or give away, or attempts to import into this
state or transport any controlled substance which is (1) classified
in Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d)
of Section 11054, except paragraphs (13), (14), (15), (20), (21),
(22), and (23) of subdivision (d), (3) specified in paragraph (11)
of subdivision (c) of Section 11056, (4) specified in paragraph (2)
or (3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) of subdivision (f),
of Section 11055, unless upon the prescription of a physician,
dentist, podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for a period of two, three, or four
years.

(b) Notwithstanding the penalty provisions of subdivision (a),
any person who transports any controlled substances specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for three, six,
or nine years.

(c) For purposes of this section, “transports” means to transport
for sale.

(d) Nothing in this section is intended to preclude or limit
prosecution under an aiding and abetting theory, accessory theory,
or a conspiracy theory.

SEC. 9.  

Section 19.8 of the Penal Code is amended to read:

19.8.  

(a) The following offenses are subject to subdivision (d)
of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13,
and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (o) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government
Code; subdivision (c) of Section 23109 and Sections 5201.1, 12500,
14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any
other offense that the Legislature makes subject to subdivision (d)
of Section 17. Except where a lesser maximum fine is expressly
provided for a violation of those sections, a violation that is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).

(b) Except in cases where a different punishment is prescribed,
every offense declared to be an infraction is punishable by a fine
not exceeding two hundred fifty dollars ($250)

(c) Except for the violations enumerated in subdivision (d) of
Section 13202.5 of the Vehicle Code, and Section 14601.1 of the
Vehicle Code based upon failure to appear, a conviction for an
offense made an infraction under subdivision (d) of Section 17 is
not grounds for the suspension, revocation, or denial of a license,
or for the revocation of probation or parole of the person convicted.

SEC. 10.  

Section 273.75 of the Penal Code is amended to read:

273.75.  

(a) On any charge involving acts of domestic violence
as defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and 6211 of the Family Code, the district
attorney or prosecuting city attorney shall perform or cause to be
performed, by accessing the electronic databases enumerated in
subdivision (b), a thorough investigation of the defendant’s history,
including, but not limited to, prior convictions for domestic
violence, other forms of violence or weapons offenses and any
current protective or restraining order issued by any civil or
criminal court. This information shall be presented for
consideration by the court (1) when setting bond or when releasing
a defendant on his or her own recognizance at the arraignment, if
the defendant is in custody, (2) upon consideration of any plea
agreement, and (3) when issuing a protective order pursuant to
Section 136.2 of the Penal Code, in accordance with subdivision
(h) of that section. In determining bail or release upon a plea
agreement, the court shall consider the safety of the victim, the
victim’s children, and any other person who may be in danger if
the defendant is released.

(b) For purposes of this section, the district attorney or
prosecuting city attorney shall search or cause to be searched the
following databases, when readily available and reasonably
accessible:

(1) The California Sex and Arson Registry (CSAR).

(2) The Supervised Release File.

(3) State summary criminal history information maintained by
the Department of Justice pursuant to Section 11105 of the Penal
Code.

(4) The Federal Bureau of Investigation’s nationwide database.

(5) Locally maintained criminal history records or databases.

However, a record or database need not be searched if the
information available in that record or database can be obtained
as a result of a search conducted in another record or database.

(c) If the investigation required by this section reveals a current
civil protective or restraining order or a protective or restraining
order issued by another criminal court and involving the same or
related parties, and if a protective or restraining order is issued in
the current criminal proceeding, the district attorney or prosecuting
city attorney shall send relevant information regarding the contents
of the order issued in the current criminal proceeding, and any
information regarding a conviction of the defendant, to the other
court immediately after the order has been issued. When requested,
the information described in this subdivision may be sent to the
appropriate family, juvenile, or civil court. When requested, and
upon a showing of a compelling need, the information described
in this section may be sent to a court in another state.

SEC. 11.  

Section 290.012 of the Penal Code is amended to
read:

290.012.  

(a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within five working days of his or her birthday,
to update his or her registration with the entities described in
subdivision (b) of Section 290. At the annual update, the person
shall provide current information as required on the Department
of Justice annual update form, including the information described
in paragraphs (1) to (5), inclusive of subdivision (a) of Section
290.015. The registering agency shall give the registrant a copy
of the registration requirements from the Department of Justice
form.

(b) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer,
in a manner established by the Department of Justice. Every person
who, as a sexually violent predator, is required to verify his or her
registration every 90 days, shall be notified wherever he or she
next registers of his or her increased registration obligations. This
notice shall be provided in writing by the registering agency or
agencies. Failure to receive this notice shall be a defense to the
penalties prescribed in subdivision (f) of Section 290.018.

(c) In addition, every person subject to the Act, while living as
a transient in California, shall update his or her registration at least
every 30 days, in accordance with Section 290.011.

(d) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice California Sex and Arson Registry (CSAR).

SEC. 12.  

Section 311.11 of the Penal Code is amended to read:

311.11.  

(a) Every person who knowingly possesses or controls
any matter, representation of information, data, or image, including,
but not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware,
computer software, computer floppy disc, data storage media,
CD-ROM, or computer-generated equipment or any other
computer-generated image that contains or incorporates in any
manner, any film or filmstrip, the production of which involves
the use of a person under 18 years of age, knowing that the matter
depicts a person under 18 years of age personally engaging in or
simulating sexual conduct, as defined in subdivision (d) of Section
311.4, is guilty of a felony and shall be punished by imprisonment
in the state prison, or a county jail for up to one year, or by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
both the fine and imprisonment.

(b) Every person who commits a violation of subdivision (a),
and who has been previously convicted of a violation of this
section, an offense requiring registration under the Sex Offender
Registration Act, or an attempt to commit any of the
above-mentioned offenses, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.

(c) Each person who commits a violation of subdivision (a)
shall be punished by imprisonment in the state prison for 16
months, or two or five years, or shall be punished by imprisonment
in a county jail for up to one year, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both the fine and
imprisonment, if one of the following factors exists:

(1) The matter contains more than 600 images that violate
subdivision (a), and the matter contains 10 or more images
involving a prepubescent minor or a minor who has not attained
12 years of age.

(2) The matter portrays sexual sadism or sexual masochism
involving a person under 18 years of age. For purposes of this
section, “sexual sadism” means the intentional infliction of pain
for purposes of sexual gratification or stimulation. For purposes
of this section, “sexual masochism” means intentionally
experiencing pain for purposes of sexual gratification or
stimulation.

(d) It is not necessary to prove that the matter is obscene in order
to establish a violation of this section.

(e) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America,
nor does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.

(f) For purposes of determining the number of images under
paragraph (1) of subdivision (c), the following shall apply:

(1) Each photograph, picture, computer or computer-generated
image, or any similar visual depiction shall be considered to be
one image.

(2) Each video, video-clip, movie, or similar visual depiction
shall be considered to have 50 images.

SEC. 13.  

Section 814 of the Penal Code is amended to read:

814.  

A warrant of arrest issued under Section 813 may be in
substantially the following form:

 

County of ____

The people of the State of California to any peace officer of said
State:

Complaint on oath having this day been laid before me that the
crime of ____ (designating it generally) has been committed and
accusing ____ (naming defendant) thereof, you are therefore
commanded forthwith to arrest the above named defendant and
bring him before me at ____ (naming the place), or in case of my
absence or inability to act, before the nearest or most accessible
magistrate in this county.

 

Dated at     (place) this ______ day of ______, 20__.

(Signature and full official title of magistrate.)

 

SEC. 14.  

Section 4902 of the Penal Code is amended to read:

4902.  

(a) If the provisions of Section 851.865 or 1485.55 apply
in any claim, the California Victim Compensation and Government
Claims Board shall, within 30 days of the presentation of the claim,
calculate the compensation for the claimant pursuant to Section
4904 and recommend to the Legislature payment of that sum. As
to any claim to which Section 851.865 or 1485.55 does not apply,
the Attorney General shall respond to the claim within 60 days or
request an extension of time, upon a showing of good cause.

(b) Upon receipt of a response from the Attorney General, the
board shall fix a time and place for the hearing of the claim, and
shall mail notice thereof to the claimant and to the Attorney
General at least 15 days prior to the time fixed for the hearing. The
board shall use reasonable diligence in setting the date for the
hearing and shall attempt to set the date for the hearing at the
earliest date convenient for the parties and the board.

(c) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to
subdivision (a), the board shall fix a time and place for the hearing
of the claim, mail notice thereof to the claimant at least 15 days
prior to the time fixed for the hearing, and make a recommendation
based on the claimant’s verified claim and any evidence presented
by him or her.

SEC. 15.  

Section 11102.2 of the Penal Code is amended to
read:

11102.2.  

(a) (1) As used in this section, “custodian of records”
means the individual designated by an agency as responsible for
the security, storage, dissemination, and destruction of the criminal
records furnished to the agency and who serves as the primary
contact for the Department of Justice for any related issues.

(2) As used in this section, “agency” means any public or private
entity that receives criminal history information from the
Department of Justice.

(3) As used in this section, “department” means the Department
of Justice.

(b) Commencing January 1, 2011, the department shall establish,
implement, and maintain a confirmation program to process
fingerprint-based criminal record background clearances on
individuals designated by agencies as custodians of records.
Commencing July 1, 2011, no person shall serve as an agency
custodian of records unless confirmed by the department. Criminal
justice agency personnel who have undergone a state and federal
criminal record background check are exempt from the
requirements of this section. The department shall charge a fee of
thirty dollars ($30) to cover the costs of the confirmation program
in addition to a fee sufficient to cover the cost of processing the
appropriate state and federal level criminal record background
check.

(c) Every agency must designate at least one custodian of
records.

(1) The agency shall submit to the department the fingerprint
images and related information of the individual or individuals
designated by the agency to serve as the custodian or custodians
of records, along with the appropriate fees and documentation.
The department shall retain one copy of the fingerprint impressions
to process a state level criminal record background check, and it
shall submit one copy of the fingerprint impressions of each
individual to the Federal Bureau of Investigation to process a
federal level criminal record background check.

(2) The department shall retain the fingerprint impressions for
subsequent arrest notification pursuant to Section 11105.2.

(d) Every individual confirmed as a custodian of records shall
be at least 18 years of age and shall have completed and submitted
a written application prescribed by the department.

(e) Prior to confirming an individual as a custodian of records,
the department shall determine that the applicant possesses the
required honesty, credibility, truthfulness, and integrity to fulfill
the responsibilities of the position.

(f) The department shall not confirm any individual who has
been convicted of a felony offense or any other offense that
involves moral turpitude, dishonesty, or fraud, or that impacts the
applicant’s ability to perform the duties or responsibilities of a
custodian of records. The confirmation shall be revoked if, at any
time, the individual is convicted of either a felony offense, or any
other offense that involves moral turpitude, dishonesty, or fraud,
or that impacts the applicant’s ability to perform the duties or
responsibilities of a custodian of records.

(g) In addition to subdivision (f), the department may refuse to
confirm any individual as a custodian of records or revoke or
suspend the confirmation of any custodian of records if the
individual has done any of the following:

(1) Made a substantial and material misstatement or omission
in the application submitted to the department.

(2) Been convicted of an offense of a nature incompatible with
the duties of a custodian of records. A conviction after a plea of
nolo contendere is deemed to be a conviction within the meaning
of this subdivision.

(3) Failed to discharge fully and faithfully any of the duties or
responsibilities required of a custodian of records.

(4) Been adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties of a custodian of records.

(5) Committed any act involving dishonesty, fraud, or deceit.

(6) Failed to submit any remittance payable upon demand by
the department under this section or failed to satisfy any court
ordered money judgment, including restitution.

(h) The agency shall immediately notify the department when
the designated custodian of records no longer serves in that
capacity.

SEC. 16.  

Section 31000 of the Penal Code is amended to read:

31000.  

(a) Any person who lawfully acquired an assault
weapon before June 1, 1989, or a .50 BMG rifle before January
1, 2005, and wishes to use it in a manner different than specified
in Section 30945 shall first obtain a permit from the Department
of Justice in the same manner as specified in Article 3
(commencing with Section 32650) of Chapter 6.

(b) Any person who lawfully acquired an assault weapon
between June 1, 1989, and January 1, 1990, and wishes to keep it
after January 1, 1990, shall first obtain a permit from the
Department of Justice in the same manner as specified in Article
3 (commencing with Section 32650) of Chapter 6.

(c) Any person who wishes to acquire an assault weapon after
January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
first obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650)
of Chapter 6.

(d) On and after January 1, 2014, no partnership, corporation,
limited liability company, association, or any other group or entity,
regardless of how the entity was created, may be issued a permit
to possess an assault weapon or a .50 BMG rifle.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 213.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

213.5.  

(a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section
527 of the Code of Civil Procedure or in the manner provided by
Section 6300 of the Family Code, if related to domestic violence,
the juvenile court has exclusive jurisdiction to issue ex parte orders
(1) enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying
telephone calls as described in Section 653m of the Penal Code,
destroying the personal property, contacting, either directly or
indirectly, by mail or otherwise, coming within a specified distance
of, or disturbing the peace of the child or any other child in the
household; and (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child. A court
may also issue an ex parte order enjoining any person from
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
begin delete 635m end delete begin insert 653m end insert of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of
any parent, legal guardian, or current caretaker of the child,
regardless of whether the child resides with that parent, legal
guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure or, if
related to domestic violence, in the manner provided by Section
6300 of the Family Code. A court may also issue an ex parte order
enjoining any person from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
including, but not limited to, making annoying telephone calls as
described in Section begin delete 635m end delete begin insert 653m end insert of the Penal Code, destroying
the personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of the child’s current or former social worker
or court appointed special advocate, upon application in the manner
provided by Section 527 of the Code of Civil Procedure.

(b) After a petition has been filed pursuant to Section 601 or
602 to declare a child a ward of the juvenile court, and until the
time that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure or, if related to domestic violence, in the manner
provided by Section 6300 of the Family Code, the juvenile court
may issue ex parte orders (1) enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 653m of
the Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the child or any
other child in the household; (2) excluding any person from the
dwelling of the person who has care, custody, and control of the
child; or (3) enjoining the child from contacting, threatening,
stalking, or disturbing the peace of any person the court finds to
be at risk from the conduct of the child, or with whom association
would be detrimental to the child. A court may also issue an ex
parte order enjoining any person from molesting, attacking,
striking, stalking, threatening, sexually assaulting, battering,
harassing, telephoning, including, but not limited to, making
annoying telephone calls as described in Section begin delete 635m end delete begin insert 653m end insert of
the Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of any parent, legal
guardian, or current caretaker of the child, regardless of whether
the child resides with that parent, legal guardian, or current
caretaker, upon application in the manner provided by Section 527
of the Code of Civil Procedure or, if related to domestic violence,
in the manner provided by Section 6300 of the Family Code. A
court may also issue an ex parte order enjoining any person from
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
begin delete 635m end delete begin insert 653m end insert of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of
the child’s current or former probation officer or court appointed
special advocate, upon application in the manner provided by
Section 527 of the Code of Civil Procedure.

(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to
be shown why the order should not be granted, on the earliest day
that the business of the court will permit, but not later than 21 days
or, if good cause appears to the court, 25 days from the date the
temporary restraining order is granted. The court may, on the
motion of the person seeking the restraining order, or on its own
motion, shorten the time for service of the order to show cause on
the person to be restrained. The court may, upon its own motion
or the filing of a declaration by the person seeking the restraining
order, find that the person to be restrained could not be served
within the time required by law and reissue an order previously
issued and dissolved by the court for failure to serve the person to
be restrained. The reissued order shall remain in effect until the
date set for the hearing. The reissued order shall state on its face
the date of expiration of the order. Any hearing pursuant to this
section may be held simultaneously with any regularly scheduled
hearings held in proceedings to declare a child a dependent child
or ward of the juvenile court pursuant to Section 300, 601, or 602,
or subsequent hearings regarding the dependent child or ward.

(d) (1) The juvenile court may issue, upon notice and a hearing,
any of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual
consent of all parties to the restraining order, or extended by further
order of the court on the motion of any party to the restraining
order.

(2) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party
who is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005 of the Code of Civil Procedure,
of the proceeding by personal service or, if the protected party has
satisfied the requirements of Chapter 3.1 (commencing with
Section 6205) of Division 7 of Title 1 of the Government Code,
by service on the Secretary of State. If the party who is protected
by the order cannot be notified prior to the hearing for modification
or termination of the protective order, the juvenile court shall deny
the motion to modify or terminate the order without prejudice or
continue the hearing until the party who is protected can be
properly noticed and may, upon a showing of good cause, specify
another method for service of process that is reasonably designed
to afford actual notice to the protected party. The protected party
may waive his or her right to notice if he or she is physically
present and does not challenge the sufficiency of the notice.

(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (b), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the
conditions that the court determines, regardless of which party
holds legal or equitable title or is the lessee of the residence or
dwelling.

(2) The court may issue an order under paragraph (1) only on
a showing of all of the following:

(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to possession
of the premises.

(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.

(C) That physical or emotional harm would otherwise result to
the other party, to any person under the care, custody, and control
of the other party, or to any minor child of the parties or of the
other party.

(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.

(g) All data with respect to a juvenile court protective order, or
extension, modification, or termination thereof, granted pursuant
to subdivision (a), (b), (c), or (d), shall be transmitted by the court
or its designee, within one business day, to law enforcement
personnel by either one of the following methods:

(1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to
enter orders into the California Law Enforcement
Telecommunications System (CLETS).

(2) With the approval of the Department of Justice, entering the
order into CLETS directly.

(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.

(i) A juvenile court restraining order related to domestic violence
issued by a court pursuant to this section shall be issued on forms
adopted by the Judicial Council of California and that have been
approved by the Department of Justice pursuant to subdivision (i)
of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the
Department of Justice shall not, in and of itself, make the order
unenforceable.

(j) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306 of the Family Code.

(2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons,
or other violence; any outstanding warrant; parole or probation
status; any prior restraining order; and any violation of a prior
restraining order.

(3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against
the subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The
law enforcement officials notified shall take all actions necessary
to execute any outstanding warrants or any other actions, as
appropriate and as soon as practicable.

(B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to immediately
notify, by the most effective means available, the appropriate parole
or probation officer of any information obtained through the search
that the court determines is appropriate. The parole or probation
officer notified shall take all actions necessary to revoke any parole
or probation, or any other actions, with respect to the subject
person, as appropriate and as soon as practicable.

(k) Upon making any order for custody or visitation pursuant
to this section, the court shall follow the procedures specified in
subdivisions (c) and (d) of Section 6323 of the Family Code.

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

Section 602 of the Welfare and Institutions Code is
amended to read:

602.  

(a) Except as provided in subdivision (b), any person
who is under 18 years of age when he or she violates any law of
this state or of the United States or any ordinance of any city or
county of this state defining crime other than an ordinance
establishing a curfew based solely on age, is within the jurisdiction
of the juvenile court, which may adjudge such person to be a ward
of the court.

(b) Any person who is alleged, when he or she was 14 years of
age or older, to have committed one of the following offenses shall
be prosecuted under the general law in a court of criminal
jurisdiction:

(1) Murder, as described in Section 187 of the Penal Code, if
one of the circumstances enumerated in subdivision (a) of Section
190.2 of the Penal Code is alleged by the prosecutor, and the
prosecutor alleges that the minor personally killed the victim.

(2) The following sex offenses, if the prosecutor alleges that
the minor personally committed the offense, and if the prosecutor
alleges one of the circumstances enumerated in the One Strike
law, subdivision (d) or (e) of Section 667.61 of the Penal Code,
applies:

(A) Rape, as described in paragraph (2) of subdivision (a) of
Section 261 of the Penal Code.

(B) Spousal rape, as described in paragraph (1) of subdivision
(a) of Section 262 of the Penal Code.

(C) Forcible sex offenses in concert with another, as described
in Section 264.1 of the Penal Code.

(D) Forcible lewd and lascivious acts on a child under 14 years
of age, as described in subdivision (b) of Section 288 of the Penal
Code.

(E) Forcible sexual penetration, as described in subdivision (a)
of Section 289 of the Penal Code.

(F) Sodomy or oral copulation in violation of Section 286 or
288a of the Penal Code, by force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the victim or another
person.

(G) Lewd and lascivious acts on a child under 14 years of age,
as defined in subdivision (a) of Section 288, unless the defendant
qualifies for probation under subdivision (d) of Section 1203.066
of the Penal Code.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 1401 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

1401.  

The compact administrator shall be the begin delete executive director
of the Corrections Standards Authority end delete begin insert Secretary of the Department
of Corrections and Rehabilitation, or his or her designee end insert .