Bill Text: CA AB1171 | 2021-2022 | Regular Session | Amended
Bill Title: Rape of a spouse.
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Passed) 2021-10-07 - Chaptered by Secretary of State - Chapter 626, Statutes of 2021. [AB1171 Detail]
Download: California-2021-AB1171-Amended.html
Amended
IN
Assembly
May 27, 2021 |
Introduced by Assembly (Principal coauthor: Senator Cortese) (Coauthors: Assembly Members Aguiar-Curry, Arambula, Bauer-Kahan, Boerner Horvath, Carrillo, Cervantes, Friedman, Petrie-Norris, Luz Rivas, Blanca Rubio, Waldron, and Wicks) (Coauthors: Senators Bates, Caballero, Eggman, and Gonzalez) |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes public-private partnerships within the state for various purposes. By executive order in 2005, and continued in existence by executive orders in 2006, 2008, and 2010, the California Partnership for the San Joaquin Valley was established as a public-private partnership to, among other things, identify projects and programs that will improve the economic vitality of the San Joaquin Valley.
This bill would enact the California Partnership for the San Joaquin Valley Act of 2021, which would establish in statute the California Partnership for the San Joaquin Valley for the same purposes. The bill would incorporate language of the executive orders to, among other things, require the partnership to identify projects and programs that will improve the economic vitality of the San Joaquin Valley. The bill would require the
partnership, on and after January 1, 2023, to post a progress report on its internet website and send a letter informing the Legislature of that posting.
This bill would make legislative findings and declarations as to the necessity of a special statute for the San Joaquin Valley.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2236.1 of the Business and Professions Code is amended to read:2236.1.
(a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The Division of Medical Quality shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the certificate of the physician and surgeon has been automatically suspended by virtue ofSEC. 2.
Section 2966 of the Business and Professions Code is amended to read:2966.
(a) A psychologist’s license shall be suspended automatically during any time that the holder of the license is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The board shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the license of the psychologist has been automatically suspended by virtue ofSEC. 3.
Section 10186.1 of the Business and Professions Code is amended to read:10186.1.
(a) A license or an endorsement of the department shall be suspended automatically during any time that the licensee is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The department shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the license or endorsement has been automatically suspended by virtue of the licensee’s incarceration, and if so, the duration of that suspension. The department shall notify the licensee of the suspension and ofSEC. 4.
Section 11319.2 of the Business and Professions Code is amended to read:11319.2.
(a) A license of a licensee or a certificate of a registrant shall be suspended automatically during any time that the licensee or registrant is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The office shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the license of the licensee or certificate of the registrant has been automatically suspended by virtue of the licensee’s or registrant’s incarceration, and if so, the duration of that suspension. The office shall notify the licensee or registrant in writing of the license or certificate suspension and ofSEC. 5.
Section 1946.7 of the Civil Code, as Amended by Stats. 2020, Ch. 205, Sec. 1, is amended to read:1946.7.
(a) A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:Tenant Statement and Qualified Third Party Statement under Civil Code Section 1946.7 | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that
included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the
following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs
specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of “victim of violent crime advocate” provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am
licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the person’s household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord. | |
(signature of qualified third party)(date) | |
(h)(1)“Household member,” as used in this section,
(2)“Qualified third party,” as used in this section, means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(3)
(4)
SEC. 6.
Section 1946.8 of the Civil Code is amended to read:1946.8.
(a) For purposes of this section:SEC. 7.
Section 1036.2 of the Evidence Code is amended to read:1036.2.
As used in this article, “sexual assault” includes all of the following:(d)Rape of a spouse, as defined in Section 262 of the Penal Code.
(e)
(f)
(g)
(h)
(i)
(j)
SEC. 8.
Section 1103 of the Evidence Code is amended to read:1103.
(a) In a criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by Section 1101 if the evidence is:SEC. 9.
Section 1107 of the Evidence Code is amended to read:1107.
(a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence, except when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.SEC. 10.
Section 3044 of the Family Code is amended to read:3044.
(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against any person in subparagraph (C) of paragraph (1) of subdivision (b) of Section 3011 with whom the party has a relationship, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.SEC. 11.
Section 6930 of the Family Code is amended to read:6930.
(a) A minor who is 12 years of age or older and who states that the minor is injured as a result of intimate partner violence may consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence.SEC. 12.
Section 13956 of the Government Code is amended to read:13956.
Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:SEC. 13.
Section 53165 of the Government Code is amended to read:53165.
(a) For purposes of this section:SEC. 14.
Section 136.2 of the Penal Code is amended to read:136.2.
(a) (1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following:SEC. 15.
Section 136.7 of the Penal Code is amended to read:136.7.
(a) Every person imprisoned in a county jail or the state prison who has been convicted of a sexual offense, including, but not limited to, a violation of Section 243.4, 261, 261.5,Nothing in this
SEC. 16.
Section 209 of the Penal Code is amended to read:209.
(a)SEC. 17.
Section 261 of the Penal Code is amended to read:261.
(a) Rape is an act of sexual intercourse accomplished(b)As used in this section, “duress”
(c)As used in this section, “menace”
SEC. 18.
Section 261.6 of the Penal Code is amended to read:261.6.
(a) In prosecutions under Section 261,Nothing in this
SEC. 19.
Section 261.7 of the Penal Code is amended to read:261.7.
In prosecutions under Section 261,SEC. 20.
Section 262 of the Penal Code is repealed.(a)Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances:
(1)Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(2)Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.
(3)Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:
(A)Was unconscious or asleep.
(B)Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C)Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.
(4)Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
(5)Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.
(b)As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in apprising the existence of duress.
(c)As used in this section, “menace” means any threat, declaration, or act that shows an intention to inflict an injury upon another.
(d)If probation is granted upon conviction of a violation of this section, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(1)That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000).
(2)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
SEC. 21.
Section 264 of the Penal Code is amended to read:264.
(a) Except as provided in subdivision (c), rape, as defined in Section 261 or former Section 262, is punishable by imprisonment in the state prison for three, six, or eight years.SEC. 22.
Section 264.1 of the Penal Code is amended to read:264.1.
(a) The provisions of Section 264 notwithstanding,SEC. 23.
Section 264.2 of the Penal Code is amended to read:264.2.
(a)SEC. 24.
Section 273.7 of the Penal Code is amended to read:273.7.
(a) (b)(1)For purposes of this section, “domestic
SEC. 25.
Section 290 of the Penal Code, as Amended by Stats. 2020, Ch. 79, Sec. 2, is amended to read:290.
(a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.(g)This section shall become operative on January 1, 2021.
SEC. 26.
Section 292 of the Penal Code is amended to read:292.
It is the intention of the Legislature in enacting this section to clarify that for the purposes of subdivisions (b) and (c) of Section 12 of Article I of the California Constitution, a violation of paragraph (2) or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of former Section 262, Section 264.1, subdivision (c) or (d) of Section 286, subdivision (c) or (d) of Section 287 or former Section 288a, subdivision (b) of Section 288, or subdivision (a) of Section 289, shall be deemed to be a felony offense involving an act of violence and a felony offense involving great bodily harm.SEC. 27.
Section 667 of the Penal Code is amended to read:667.
(a) (1)SEC. 28.
Section 667.5 of the Penal Code is amended to read:667.5.
Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:SEC. 29.
Section 667.51 of the Penal Code is amended to read:667.51.
(a)SEC. 30.
Section 667.6 of the Penal Code is amended to read:667.6.
(a)SEC. 31.
Section 667.61 of the Penal Code is amended to read:667.61.
(a) Except as provided in subdivision (j), (l), or (m),SEC. 32.
Section 667.71 of the Penal Code is amended to read:667.71.
(a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (c) and who is convicted in the present proceeding of one of those offenses.SEC. 33.
Section 667.8 of the Penal Code is amended to read:667.8.
(a) Except as provided in subdivision (b),SEC. 34.
Section 667.9 of the Penal Code is amended to read:667.9.
(a)SEC. 35.
Section 679.02 of the Penal Code is amended to read:679.02.
(a) The following rights are hereby established as the statutory rights of victims and witnesses of crimes: Nothing in this
SEC. 36.
Section 680 of the Penal Code is amended to read:680.
(a) This section shall be known as and may be cited as the “Sexual Assault Victims’ DNA Bill of Rights.”SEC. 37.
Section 784.7 of the Penal Code is amended to read:784.7.
(a) If more than one violation of Section 220, except assault with intent to commit mayhem, 261,SEC. 38.
Section 799 of the Penal Code is amended to read:799.
(a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.SEC. 39.
Section 868.5 of the Penal Code is amended to read:868.5.
(a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subdivision (b) of Section 209, Section 211, 215, 220, 236.1, 240, 242, 243.4, 245, 261,SEC. 40.
Section 1048 of the Penal Code is amended to read:1048.
(a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be tried out of its order:SEC. 41.
Section 1127e of the Penal Code is amended to read:1127e.
The term “unchaste character” shall not be used by any court in any criminal case in which the defendant is charged with a violation of SectionSEC. 42.
Section 1170.12 of the Penal Code is amended to read:Aggregate and consecutive terms for multiple convictions; prior conviction as prior felony; commitment and other enhancements or punishment.
1170.12.
(a) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior serious or violent felony convictions, as defined in subdivision (b), the court shall adhere to each of the following:SEC. 43.
Section 1192.5 of the Penal Code is amended to read:1192.5.
(a) Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, other than a violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261,Where
SEC. 44.
Section 1202.1 of the Penal Code is amended to read:1202.1.
(a) Notwithstanding Sections 120975 and 120990 of the Health and Safety Code, the court shall order every person who is convicted of, or adjudged by the court to be a person described by Section 601 or 602 of the Welfare and Institutions Code as provided in Section 725 of the Welfare and Institutions Code by reason of a violation of, a sexual offense listed in subdivision (e), whether or not a sentence or fine is imposed or probation is granted, to submit to a blood or oral mucosal transudate saliva test for evidence of antibodies to the probable causative agent of acquired immunodeficiency syndrome (AIDS) within 180 days of the date of conviction. Each person tested under this section shall be informed of the results of the blood or oral mucosal transudate saliva test.(3)Rape of a spouse in violation of Section 262 or 264.1.
(4)
(5)
(6)
SEC. 45.
Section 1203.055 of the Penal Code is amended to read:1203.055.
(a) (1) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in subdivision (b) against a person who is a passenger, operator, driver, or other occupant of any public transit vehicle whether the offense or attempt is committed within the vehicle or directed at the vehicle, the court shall require that the person serve some period of confinement. If probation is granted, it shall be a condition of probation that the person shall be confined in the county jail for some period of time. If the time spent in jail prior to arraignment is less than 24 hours, it shall not be considered to satisfy the requirement that some period of confinement be imposed.SEC. 46.
Section 1203.06 of the Penal Code is amended to read:1203.06.
(a) Notwithstanding any other(3)As used in subdivision (a), “armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense.
SEC. 47.
Section 1203.066 of the Penal Code is amended to read:1203.066.
(a) Notwithstanding Section 1203 or any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within the provisions of this section be stricken pursuant to Section 1385 for, any of the following persons:SEC. 48.
Section 1203.067 of the Penal Code is amended to read:1203.067.
(a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261,SEC. 49.
Section 1203.075 of the Penal Code is amended to read:1203.075.
(a) Notwithstanding any otherSEC. 50.
Section 1203.08 of the Penal Code is amended to read:1203.08.
(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for,SEC. 51.
Section 1203.09 of the Penal Code is amended to read:1203.09.
(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for,SEC. 52.
Section 1270.1 of the Penal Code is amended to read:1270.1.
(a) Except as provided in subdivision (e), beforeSEC. 53.
Section 1346.1 of the Penal Code is amended to read:1346.1.
(a) When a defendant has been charged with a violation of SectionSEC. 54.
Section 1387 of the Penal Code is amended to read:1387.
(a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is a felony or if it is a misdemeanor charged together with a felony and the action has been previously terminated pursuant to this chapter, or Section 859b, 861, 871, or 995, or if it is a misdemeanor not charged together with a felony, except in those felony cases, or those cases where a misdemeanor is charged with a felony, where subsequent to the dismissal of the felony or misdemeanor the judge or magistrate finds any of the following:SEC. 55.
Section 1524.1 of the Penal Code is amended to read:1524.1.
(a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim whether the defendant is infected with the HIV virus. It is also the intent of the Legislature in enacting this section to protect the health of both victims of crime and those accused of committing a crime.SEC. 56.
Section 1601 of the Penal Code is amended to read:1601.
(a)SEC. 57.
Section 2933.5 of the Penal Code is amended to read:2933.5.
(a) (1) Notwithstanding any other law,SEC. 58.
Section 2962 of the Penal Code is amended to read:2962.
As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows:SEC. 59.
Section 3000 of the Penal Code is amended to read:3000.
(a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the effective supervision of and surveillance of parolees, including the judicious use of revocation actions, and to provide educational, vocational, family, and personal counseling necessary to assist parolees in the transition between imprisonment and discharge. A sentence resulting in imprisonment in the state prison pursuant to Section 1168 or 1170 shall include a period of parole supervision or postrelease community supervision, unless waived, or as otherwise provided in this article.SEC. 60.
Section 3053.8 of the Penal Code is amended to read:3053.8.
(a) Notwithstanding any otherSEC. 61.
Section 3057 of the Penal Code is amended to read:3057.
(a) Confinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison under other provisions of law, shall not exceed 12 months, except as provided in subdivision (c).SEC. 62.
Section 11105.3 of the Penal Code is amended to read:11105.3.
(a) Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.(j)
(k)
(l)
SEC. 63.
Section 11160 of the Penal Code is amended to read:11160.
(a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physician’s office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioner’s professional capacity or within the scope of the health practitioner’s employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(15)Spousal rape, in violation of Section 262.
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
SEC. 64.
Section 12022.3 of the Penal Code is amended to read:12022.3.
For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261,SEC. 65.
Section 12022.53 of the Penal Code is amended to read:12022.53.
(a) This section applies to the following felonies:SEC. 66.
Section 12022.8 of the Penal Code is amended to read:12022.8.
SEC. 67.
Section 12022.85 of the Penal Code is amended to read:12022.85.
(a)(3)Rape of a spouse in violation of Section 262.
(4)
(5)
SEC. 68.
Section 13701 of the Penal Code is amended to read:13701.
(a) Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls by January 1, 1986. These policies shall reflect that domestic violence is alleged criminal conduct. Further, they shall reflect existing policy that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred.SEC. 69.
Section 13750 of the Penal Code is amended to read:13750.
(a) A city, county, city and county, or community-based nonprofit organization may each establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking.SEC. 70.
Section 13837 of the Penal Code is amended to read:13837.
(a) (1) The California Office of Emergency Services (Cal OES) shall provide grants to proposed and existing child sexual exploitation and child sexual abuse victim counseling centers and prevention programs, including programs for minor victims of human trafficking. Grant recipients shall provide appropriate in-person counseling and referral services during normal business hours, and maintain other standards or services In
State
SEC. 71.
Section 14205 of the Penal Code is amended to read:14205.
(a) The online missing persons registry shall accept and generate complete information on a missing person.SEC. 72.
Section 5164 of the Public Resources Code is amended to read:5164.
(a) (1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county, city, city and county, or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over a minor, if that person has been convicted of an offense specified in paragraph (2).SEC. 73.
Section 4467 of the Vehicle Code is amended to read:4467.
(a) Notwithstanding any otherSEC. 74.
Section 6500 of the Welfare and Institutions Code is amended to read:6500.
(a) For purposes of this article, the following definitions shall apply:SEC. 75.
Section 15610.63 of the Welfare and Institutions Code is amended to read:15610.63.
“Physical abuse” means any of the following:(4)Spousal rape, as defined in Section 262 of the Penal Code.
(5)
(6)
(7)
(8)
(9)
SEC. 76.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.The chapter shall be known, and may be cited, as the California Partnership for the San Joaquin Valley Act of 2021.
(a)(1)The California Partnership for the San Joaquin Valley established by Executive Order S-5-05, and continued by Executive Orders S-22-06, S-17-08, and S-10-10, a public-private partnership, is hereby continued in existence.
(2)The partnership shall include the following counties:
(A)The County of Fresno.
(B)The County of Kern.
(C)The County of Kings.
(D)The County of Madera.
(E)The County
of Merced.
(F)The County of San Joaquin.
(G)The County of Stanislaus.
(H)The County of Tulare.
(b)For purposes of this chapter:
(1)“Board” means the board of directors set forth in subdivision (d).
(2)“Partnership” means the California Partnership for the San Joaquin Valley.
(3)“San Joaquin Valley” means the area comprised of all of the counties set forth in paragraph (2) of subdivision (a).
(c)The purpose of the partnership shall be to support regional collaboration among individuals and
public and private entities committed to improving the quality of life in the San Joaquin Valley.
(d)(1)The partnership shall be governed by a board of directors that shall consist of the following members:
(A)A board chair and two deputy chairs appointed by the Governor. The board chair and deputy chairs shall be voting members of the board. These members shall be appointed from the following:
(i)One member shall be a representative from a state agency.
(ii)One member shall be a representative from a local agency within the counties set forth in paragraph (2) of subdivision (a).
(iii)One member shall be a representative from the private sector whose residence
and place of employment is within one or more of the counties set forth in paragraph (2) of subdivision (a).
(B)Representatives from six stakeholder groups shall serve as voting directors, appointed by the Governor, as follows:
(i)Eight state government directors representing various state agencies shall serve as ex officio voting directors.
(ii)Eight local government directors, one from each of the eight counties set forth in paragraph (2) of subdivision (a). These directors shall be appointed by the Governor from lists of candidates nominated by each of the eight corresponding councils of governments. The nominees from each council of governments shall be made from among the mayors and members of city councils representing cities located within the county and members of board of supervisors of the county. Each
council of governments shall submit a list to the Governor containing three candidates.
(iii)Eight private sector directors, one from each of the eight counties set forth in paragraph (2) of subdivision (a).
(iv)Five liaisons to government agencies and commissions, which shall be a resident of one of the eight counties set forth in paragraph (2) of subdivision (a), and who serve on one of the following state agencies and commissions:
(I)The State Air Resources Board.
(II)The California Transportation Commission.
(III)The California Workforce Development Board.
(v)Twelve representatives of consortia, who shall be
representatives of regional consortia of existing organizations within the counties set forth in paragraph (2) of subdivision (a). The regional consortia representatives shall be nominated by the board for consideration of appointment by the Governor.
(vi)Not more than five directors with specialized expertise, who shall be individuals with specialized subject matter expertise and knowledge of San Joaquin Valley issues recommended by the board chair.
(C)Every member of the Legislature and the United States Congress that represents the counties set forth in paragraph (2) of subdivision (a) shall be ex officio nonvoting members.
(2)(A)Voting directors shall serve at the pleasure of the Governor.
(B)Ex officio nonvoting
directors shall not serve for a term and shall not be subject to term limits.
(C)(i)The terms of service for voting directors shall be three years and for no more than three terms, including partial terms.
(ii)The remaining term of office for any director, other than the board chair and deputy chairs, serving upon the effective date of the act adding this chapter shall be determined based upon the terms of office for that director that were effective on January 1, 2019.
(iii)In the event of a vacancy of a voting member of the board, an acting director may be appointed by the board to serve with full voting rights until the Governor has appointed a new director. The Governor’s replacement appointee shall serve for a full term, unless otherwise removed by the Governor.
(D)(i)Notwithstanding subparagraphs (A) and (C), a director may be removed at the discretion of the Governor.
(ii)A director who fails to attend 50 percent or more of the meetings of the board in any 12-month period is subject to removal from the board.
(a)(1)Meetings of the board shall be presided over by the chair.
(2) In the absence of the chair, one of the two deputy chairs shall preside, as determined by the chair.
(3)A majority of the voting directors shall constitute a quorum for the transaction of business. Ex officio nonvoting members shall not be counted for purposes of determining whether a quorum has been achieved.
(4)All votes shall be recorded and available for inspection by the public. Every decision made by a two-thirds vote of directors participating in a meeting in which a quorum has been constituted shall be regarded
as an act of the board.
(b)The California State University, Fresno Foundation (94-6003272), Cost Center 340675, may continue to receive and administer appropriations on behalf of the partnership.
(c)The board may appoint an executive committee, comprised of the chair, the two deputy chairs, and up to four additional board members appointed by the chair, and delegate to the committee any of the authority of the board except for any final action on matters which, under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110)) of Division 2 of Title 1 of the Corporations Code, also requires approval of a majority of all directors. The board may also appoint other committees as appropriate.
(d)The partnership shall have the following duties:
(1)Identification of projects and programs that will best utilize public dollars and most quickly improve the economic vitality of the San Joaquin Valley, especially those that leverage federal, state, local, and private sector resources in a coordinated effort to address critical needs in the San Joaquin Valley.
(2)Work with members of the state’s congressional delegation and federal officials, including the federal Interagency Task Force for the Economic Development of the Central San Joaquin Valley, to gain federal support for projects identified by the partnership as critical to the region.
(3)Partner with the University of California, the California State University, community colleges, and the state’s other research and educational institutions, as well as private foundations to provide guidance, advice, and
encouragement in support of studies of particular interest and importance to the San Joaquin Valley.
(4)Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse geographic regions, including the San Joaquin Valley, and determine whether alternative approaches can accomplish goals in less costly ways.
(5)Recommend to the Governor changes that would improve the economic well-being of the San Joaquin Valley and the quality of life of its residents.
(e)Commencing on January 1, 2023, and on or before January 1 of each year thereafter, the partnership shall post a progress report on its internet website and submit a letter to the Legislature informing the Legislature that the progress report has been posted.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges faced by the San Joaquin Valley. The Legislature finds and declares that continuing the California Partnership for the San Joaquin Valley will aid in addressing the needs of the San Joaquin Valley, including areas where the San Joaquin Valley is underserved.