Bill Text: CA SB273 | 2019-2020 | Regular Session | Amended
Bill Title: Domestic violence.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State. Chapter 546, Statutes of 2019. [SB273 Detail]
Download: California-2019-SB273-Amended.html
Amended
IN
Senate
March 27, 2019 |
Senate Bill | No. 273 |
Introduced by Senator Rubio |
February 13, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires each school district to ensure that all pupils in grades 7 to 12, inclusive, recieve comprehensive sexual health education and HIV prevention education at least once in middle school or junior high school and at least one in high school. This instruction includes, among other things, instruction and materials to provide pupils with knowledge and skills they need to form healthy relationships, as specified.
This bill would additionally require each public middle school and each public junior high school, other than a charter school, to provide all of the pupils enrolled in that school with instruction on the importance of healthy relationships in accordance with specified criteria. To the extent that this provision would impose new duties on local educational agencies, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Phoenix Act.SEC. 2.
The Legislature finds and declares all of the following:SEC. 3.
Section 803.7 is added to the Penal Code, to read:803.7.
(a) Notwithstanding any other law, prosecution for a crime involving domestic violence, as defined in Section 13700, may be commenced at any time if one or more of the following criteria apply:SEC. 4.
Section 13519 of the Penal Code is amended to read:13519.
(a) The commission shall implement by January 1, 1986, a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and also shall develop guidelines for law enforcement response to domestic violence. The course or courses of instruction and the guidelines shall stress enforcement of criminal laws in domestic violence situations, availability of civil remedies and community resources, and protection of the victim.(e)(1)All law enforcement officers who have received their basic training before January 1, 1986, shall participate in supplementary training on domestic violence subjects, as prescribed and certified by the commission.
(2)Except as provided in paragraph (3), the training specified in paragraph (1) shall be completed no later than January 1, 1989.
(3)(A)The training for peace officers of the Department of Parks and Recreation, as defined in subdivision (g) of Section 830.2, shall be completed no later than January 1, 1992.
(B)The training for peace officers of the University of California Police Department and the California State University Police Departments, as defined in Section 830.2, shall be completed no later than January 1, 1993.
(C)The training for peace officers employed by a housing authority, as defined in subdivision (d) of Section 830.31, shall be completed no later than January 1, 1995.
(4)
SEC. 5.
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.In addition to the instruction and materials provided pursuant to subdivision (g) of Section 51933, each public middle school and each public junior high school, other than a charter school, shall provide all of the pupils enrolled in that school with instruction on the importance of healthy relationships, in accordance with all of the following:
(a)The instruction shall include a component about how to recognize unhealthy or toxic relationships.
(b)The instruction shall be provided during each school year, except for a school year in which the instruction and materials are provided to the pupil pursuant to subdivision (g) of Section 51933.
(c)The instruction shall be provided during regular school hours, and shall be at least one hour in duration.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.