Bill Text: CA AB135 | 2023-2024 | Regular Session | Amended
Bill Title: Public safety.
Spectrum: Committee Bill
Status: (Engrossed) 2023-09-13 - Re-referred to Com. on B. & F.R. [AB135 Detail]
Download: California-2023-AB135-Amended.html
Amended
IN
Senate
August 27, 2023 |
Amended
IN
Assembly
February 01, 2023 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Alvarez, |
January 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 801.1 of the Evidence Code, as added by Chapter 75 of the Statutes of 2023, is amended to read:801.1.
(a)SEC. 2.
Section 71651.1 of the Government Code is amended to read:71651.1.
(a) Consistent with federal and California labor law, a trial court shall not retaliate against an official reporter or official reporter pro tempore who notifies the judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote proceeding pursuant to subdivisions (f) and (g) of Section 977 of the Penal Code.SEC. 3.
Section 977 of the Penal Code, as amended by Section 12 of Chapter 57 of the Statutes of 2022, is amended to read:977.
(a) (1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, plea, and all other proceedings, except jury and court trials, may be conducted remotely through the use of technology, as provided by subdivision (c).“Waiver of Defendant’s Physical or Remote Presence”
SEC. 4.
Section 977 of the Penal Code, as added by Section 13 of Chapter 57 of the Statutes of 2022, is amended to read:977.
(a) (1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).“Waiver of Defendant’s Personal Presence”
SEC. 5.
Section 977.3 of the Penal Code is amended to read:977.3.
(a) A witness may testify in any misdemeanor or felony criminal proceeding, except for felony trials, through the use of remote technology with the written or oral consent of the parties on the record and with the consent of the court. The defendant shall waive the right to have a witness testify in person on the record.SEC. 6.
Section 1043.5 of the Penal Code, as amended by Section 15 of Chapter 57 of the Statutes of 2022, is amended to read:1043.5.
(a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.SEC. 7.
Section 1043.5 of the Penal Code, as added by Section 16 of Chapter 57 of the Statutes of 2022, is amended to read:1043.5.
(a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.SEC. 8.
Section 6258 of the Penal Code is amended to read:6258.
(a) TheSEC. 9.
Section 11105.2 of the Penal Code is amended to read:11105.2.
(a) (1) The Department of Justice shall provide to the State Department of Social Services, the Medical Board of California, and the Osteopathic Medical Board of California, pursuant to state or federal law authorizing those departments to receive state or federal summary criminal history information, and may provide to any other entity authorized by state or federal law to receive state or federal summary criminal history information, subsequent state or federal arrest or disposition notification to assist in fulfilling employment, licensing, or certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. The Department of Justice is authorized to submit fingerprints to the Federal Bureau of Investigation where the fingerprints will be retained for the purpose of being searched by future submissions to the Federal Bureau of Investigation, including latent fingerprint searches. The Department of Justice is authorized to search latent print images against all retained fingerprint submissions. This section does not authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. If the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. If the copy is not furnished in person, the copy shall be delivered to the last contact information provided by the applicant.(2)
SEC. 10.
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.(f)As used in this section, “employer”
(g)As used in this section, “human resource agency”
(1)
(2)
(3)
(h)
(i)As used in this subdivision, “community youth athletic program” means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(i)
(3)As used in this subdivision, “community youth athletic program” means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)
SEC. 11.
Section 30370 of the Penal Code is amended to read:30370.
(a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition:SEC. 12.
Section 607 of the Welfare and Institutions Code is amended to read:607.
(a) The court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided in subdivisions (b), (c), (d),(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
SEC. 13.
Section 1 of this act, which amends Section 801.1 of the Evidence Code, shall become operative on January 1, 2024.SEC. 14.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.