California Legislative Digest 2020 Laws A PRODUCT OF THE: ACKNOWLEDGMENTS This 20 Legislative Update Digest was prepared and published by the California Peace Officers’ Association (CPOA) in cooperation with the Office of the California Attorney General20 and the California Highway Patrol. CPOA, in conjunction with the California Attorney General’s Office and the California Highway Patrol, are responsible for the overall research and compilation of the bills contained in this digest. CPOA wishes to thank and commend Hon. Xavier Becerra, California Attorney General and Commissioner Warren Stanley of the California Highway Patrol for volunteering the services of highly qualified personnel to make presentations at the 20 Legislative Update seminars. 20 Shaun Rundle is CPOA’s Deputy Director, and he handles legislative affairs. Any inquiries regarding the content of this digest, or requests for an electronic version should be directed to him at 916-520-2248, or via email at: [email protected]. 2020 CPOA Legislative Impact California Legislative Update Digest-2020 Laws Table of Contents THE LEGISLATIVE PROCESS Lifecycle of a Bill 6 Sample Public Safety Bill 7 Sample Committee Bill Analysis 9 STATUTE-CPOA & CHP BOATING & WATERWAYS SB 393- Vessels: impoundment 14 CIVIL PROCEDURE/COURT ORDERS AB 304- Wiretapping: authorization 16 AB 397- Vehicles: driving under the influence 17 AB 800- Civil actions: confidentiality 18 AB 1396- Protective orders: elder and dependent adults 19 AB 1510- Sexual assault and other sexual misconduct: statutes of limitations on civil actions 20 AB 1638- Search warrants: vehicle recording devices 22 AB 925- Protective orders: confidential information regarding minors 23 SB 36- Pretrial release: risk assessment tools 25 SB 233- Immunity from arrest 26 SB 485- Driving privilege: suspension or delay 27 SB 495- Child custody 29 SB 651- Discovery: postconviction 30 COMMUNICATIONS/911 AB 911- CalOES: emergency information study 32 AB 956- Telecommunications: automatic dialing-announcing devices: emergency notifications 33 AB 1079- Telecommunications: privacy protections 34 1 2020 CPOA Legislative Impact AB 1168- Emergency services: text to 911 35 AB 1699- Telecommunications: mobile internet service providers: first responders: emergencies 36 AB 1747- CLETS: immigration 37 SB 438- Emergency medical services: dispatch 39 SB 670- Telecommunications: community isolation outage: notification 42 CONTROLLED SUBSTANCES/NARCOTICS AB 528- Controlled substances: CURES database 45 AB 1261- Controlled substances: narcotics registry 46 CORRECTIONS/PAROLE AB 45- Inmates: medical care: fees 48 AB 701- Prisoners: exoneration: housing costs 50 AB 965- Youth offender hearings 51 SB 141- Parole: sexually violent offenses: validated risk assessment 52 CRIMES/CRIMINAL PROCEDURE AB 47- Driver records: points: distracted driving 54 AB 169- Guide, signal, and service dogs: injury or death 55 AB 391- Leased and rented vehicles: embezzlement and theft 56 AB 611- Sexual abuse of animals 57 AB 814- Vehicles: unlawful access to computer systems 59 AB 1076- Criminal records: automatic relief 60 AB 1129- Privacy 61 AB 1294- Criminal profiteering 62 SB 224- Grand theft: agricultural equipment 63 SB 304- Prosecutorial jurisdiction in multi-jurisdictional elder abuse cases 64 SB 394- Criminal procedure: diversion for primary caregivers of minor children 65 SB 439- Criminal procedure: wiretapping: authorization and disclosure 66 SB 459- Crimes: rape: great bodily injury 67 DATA/RECORDS AB 1331- Criminal justice data 69 2 2020 CPOA Legislative Impact AB 1600- Discovery: personnel records: peace officers and custodial officers 70 SB 620- Criminal offender record information: referral of persons on supervised release 71 FIREARMS AB 12- Firearms: gun violence restraining orders 73 AB 61- Gun violence restraining orders 74 AB 164- Firearms: prohibited persons 75 AB 879- Firearms 76 AB 1292- Firearms 78 SB 61- Firearms: transfers 79 SB 172- Firearms 81 FORENSICS/DNA AB 22- Rape kits: testing 83 HOMELESSNESS & MENTAL ILLNESS AB 46- Individuals with mental illness: change of term 85 AB 728- Homeless multidisciplinary personnel teams 86 SB 40- Conservatorship: serious mental illness and substance abuse disorders 87 JUVENILES AB 1394- Juveniles: sealing of records 90 AB 1423- Transfers to juvenile court 91 LOCAL OPERATIONS & POLICIES AB 339- GVRO’s: law enforcement procedures 93 AB 1215- Law enforcement: facial recognition and other biometric surveillance 96 SB 338- Senior and disability victimization: law enforcement policies 97 MISCELLANEOUS AB 309- Vehicles that appear to be used by law enforcement: historical society or museum 101 AB 620- Coroner: sudden unexplained death in childhood 102 AB 1117- Peace officers: peer support 103 AB 1223- Living organ donation 105 3 2020 CPOA Legislative Impact SB 192- Posse comitatus 106 SB 259- Department of Justice: crime statistics reporting 107 SB 310- Jury service 108 SB 542- Workers’ compensation 109 PROBATION AB 433- Probation: notice to victim 111 AB 484- Crimes: probation 112 PROSTITUTION, SEX CRIMES & HUMAN TRAFFICKING AB 218- Damages: childhood sexual assault: statute of limitations 114 AB 640- Sex Crimes: investigation and prosecution 116 AB 662- Crimes against minors 117 AB 1735- Evidence: privileges: human trafficking caseworker-victim privilege 118 RULES OF THE ROAD/TRANSPORTATION AB 1266- Traffic control devices: bicycles 120 AB 1614- Vehicles: license plate pilot program 121 AB 1810- Transportation Omnibus Bill 122 SB 112- Muffler citation 123 SB 395- Wild game mammals: collision with a vehicle: wildlife salvage permits 124 SB 543- Pedicabs 125 SENTENCING SB 136- Sentencing 127 TRAINING SB 273- Domestic violence 129 SB 399- POST 131 USE OF FORCE AB 392- Peace officers: deadly force 133 SB 230- Law enforcement: use of deadly force: training: policies 136 CPOA 2020 Legislative Platform 140 4 2020 CPOA Legislative Impact ----------------------------------------------------------------------------------------------------------------------------- CASE LAW-DOJ FOURTH AMENDMENT th People v. Chamagua (2019) 33 Cal.App.5 925: Consensual encounter 144 th People v. Kidd (2019) 36 Cal.App.5 12: Detentions 145 th People v. Arebalos-Cabrera (2018) 27 Cal.App.5 179: Detentions 147 th People v. Fews (2018) 27 Cal.App.5 553: Vehicle search and pat search 148 People v. Vera (2018) 28 Cal.App.5th 1081: Detention during vehicle dog sniff 149 People v. Fish (2018) 29 Cal.App.5th 462: Reasonableness of a blood draw 150 th People v. Cruz (2019) 34 Cal.App.5 764: Warrantless blood draw 151 Mitchell v. Wisconsin (2019) 139 S.Ct. 2525: Warrantless blood draw 152 th People v. Pride (2019) 31 Cal.App.5 133: Electronic communications privacy act (ECPA) 153 th People v. Oveida (2019) 7 Cal.5 1034: Exceptions to warrant requirement 155 FIFTH AMENDMENT th People v. Orozco (2019) 32 Cal.App.5 802: Use of agent after invoking Miranda 156 People v. Anthony (2019) 32 Cal.App.5th 1102: Reinitiating after interrogation 158 th In re M.S. (2019) 32 Cal.App.5 1177: Miranda custody 159 DUI Testimony: Horizontal Gaze Nystagmus People v. Randolph (2018) 28 Cal.App.5th 602: Officer testimony about HGN performance 161 5 2020 CPOA Legislative Impact THE LEGISLATIVE PROCESS Lifecycle of a Bill AUTHOR SUBMITS BILL A legislator sends the idea and the language of the bill to the Legislative Counsel where it is drafted into the actual bill. The drafted bill is returned to the legislator for introduction. This is called putting the bill “across the Desk.” FIRST READING A bill’s first reading is when the Senate or Assembly Clerk reads the bill number (i.e. Assembly Bill (AB) or Senate Bill (SB) 432), the name of the author, and the descriptive title of the bill. The bill is then sent electronically to the Office of State Publishing. A bill must be in print for 30 days before it can be acted on. The bill then goes to the Senate or Assembly Rules Committee where it is assigned to the appropriate policy committee for its first hearing. COMMITTEE HEARINGS Bills are assigned according to subject area (i.e. Public Safety Committee, Transportation Committee, Judiciary Committee, etc.). During the hearing the author presents the bill, people testify in support or opposition of the bill, and the committee acts on the bill. The committee can: pass the bill, pass the bill as amended, or defeat the bill. It takes a majority vote of the membership of the committee to pass a bill. Bills which require money must also be heard in fiscal committee, Senate or Assembly Appropriations. SECOND AND THIRD READINGS Bills passed by committees are recommendations to the house as a whole. When a Committee passes a measure, they are recommending that the body accept the proposal. Upon passage by the Committee, the measure is placed on the Second reading file and is given its Second Reading. It remains on Second Reading File for one legislative day and the moves to the Third Reading File. When a bill is read the third time is explained by the author, discussed and debated by the Senate or Assembly members and voted on by a roll call vote. Bills which require money, or which take effect immediately, require a 2/3 vote in each house (27 votes in the Senate and 54 in the Assembly). All other bills require a simple majority of 21 Senate votes or 41 Assembly votes. REPEAT PROCESS IN THE OTHER HOUSE Once the bill has been approved by the house of origin, the entire procedure above is repeated in the other house. GOVERNOR The bill then goes to the Governor, where he/she can: sign it into law, allow it to become law without signature, or veto it. A governor’s veto can be overridden by a 2/3 majority of both houses. Most bills go into effect January 1 of the next year. 6 2020 CPOA Legislative Impact Assembly Bill No. 127 AMENDED IN SENATE MAY 14, 2019 Introduced by Assembly Member Lackey (Coauthor: Assembly Member Cooper) (Coauthors: Senators Bates, Chang, and Wilk) December 4, 2018 An act to amend Section 23152 of add Section 23152.5 to the Vehicle Code, relating to driving under the influence, and declaring the urgency thereof, to take effect immediately.