Bill Text: CA SB135 | 2023-2024 | Regular Session | Chaptered
Bill Title: Public safety.
Spectrum: Committee Bill
Status: (Passed) 2023-09-13 - Chaptered by Secretary of State. Chapter 190, Statutes of 2023. [SB135 Detail]
Download: California-2023-SB135-Chaptered.html
Senate Bill
No. 135
CHAPTER 190
An act to amend Section 801.1 of the Evidence Code, to amend Section 71651.1 of the Government Code, to amend Sections 977, 977.3, 1043.5, 6258, 11105.2, 11105.3, and 30370 of the Penal Code, and to amend Section 607 of the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.
[
Approved by
Governor
September 13, 2023.
Filed with
Secretary of State
September 13, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 135, Committee on Budget and Fiscal Review.
Public safety.
(1) Existing law, operative as of January 1, 2024, will, in a case in which the party bearing the burden of proof proffers expert testimony regarding medical causation and the party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.
This bill would, operative as of January 1, 2024, specify that the above provision applies only to general civil actions, as defined in the
California Rules of Court.
(2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to contract for the establishment and operation of separate community correctional reentry centers, as specified. Existing law authorizes the secretary to entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and requires that preference be given to community correctional reentry centers located near large population centers.
This bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain
community correctional reentry centers, as specified. The bill would prohibit the department, for contracts entered into on or after October 14, 2023, from contracting for the establishment of community correctional reentry centers located in current or former state prison facilities or on current or former state prison property.
(3) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for
licensing, employment, or certification purposes.
This bill would authorize the department to submit fingerprints to the Federal Bureau of Investigation, where they will be retained for the purpose of being searched against future submissions to the FBI, as specified. The bill would authorize the department to search latent fingerprint images against all retained fingerprint submissions. The bill would also authorize the department to collect fees for federal subsequent notification services and remit the fees to the FBI.
Existing law authorizes a human resource agency or an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication involving specified offenses 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. Existing law requires a request for
records to include the applicant’s fingerprints and any other data specified by the department. Existing law requires the department to furnish the information to the requesting employer and to send a copy of the information to the applicant.
This bill would establish procedures for the department, human resource agency, and employer to follow when a request is made to the department for the conviction and arrest records described above, including that the department, upon receipt of a background check report lacking disposition data, would be required to conduct research, as specified, to obtain complete data, that the human resource agency or employer would be required to retain a waiver signed by the applicant, employee, or volunteer allowing the release of state and federal level criminal history information, and that a human resource agency or employer would be required to notify the person in writing of their right to obtain a copy of any background screening
report, as specified, to challenge the accuracy and completeness of any information contained in the report, and to obtain a determination as to the validity of that challenge before a final determination regarding the person is made by the human resource agency or employer reviewing the criminal history information.
(4) Existing law requires the Department of Justice to approve the sale or transfer of ammunition, with specified exceptions. Existing law requires the department to recover the reasonable cost of regulatory and enforcement activities related to the authorization of ammunition sales or transfers by charging ammunition purchasers and transferees a $1 transaction fee, which may be increased at a rate not to exceed the increase in the California Consumer Price Index nor the reasonable cost of regulatory and enforcement activities. Existing law creates the Ammunition
Safety and Enforcement Special Fund within the State Treasury, into which those fees are deposited. Existing law continuously appropriates the fund for purposes of implementing, operating, and enforcing the ammunition purchase authorization program.
This bill would authorize the Attorney General to adjust the fee as needed, not to exceed the reasonable cost of regulatory and enforcement activities related to the regulation of ammunition. By increasing the amount deposited in a continuously appropriated fund, this bill would make an appropriation.
(5) Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote criminal proceeding.
This bill would extend this provision until January 1, 2025.
Existing law generally allows, until January 1, 2024, upon a defendant’s waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology, and prohibits a defendant charged with a felony or misdemeanor to appear remotely for a jury or court trial, except as specified.
This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2025.
Existing law authorizes, until January 1, 2024, a witness in a criminal proceeding to testify using remote technology, as provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses.
This bill would extend these provisions until January 1, 2025.
Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law prohibits these provisions from limiting the right of a defendant to waive the right to be present. Existing law, until January 1, 2024, includes the defendant’s right to waive the right to appear through the use of remote technology from being limited by these provisions.
This bill would extend the provision that would expire on January 1, 2024, to January 1, 2025.
(6) Under existing law, the juvenile 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.
This bill would specify that the court may retain jurisdiction over a person who is 25 years of age or older
for a period not to exceed 2 years from the date of disposition if the person is found to meet certain conditions. The bill would require the court to exercise jurisdiction in conformance with the objectives of the juvenile court.
(7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill 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) In a general civil case, as defined in Rule 1.6 of the California Rules of Court, where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, the party not bearing the burden of proof may offer a contrary expert only if its expert is able to opine that the proffered alternative cause or causes each exists to a reasonable medical probability, except as provided in subdivision (b).(b) Subdivision (a) does not preclude a witness testifying as an expert from testifying that a matter cannot meet a reasonable degree of probability in the applicable field, and providing the basis for that opinion.
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.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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).(2) If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order
issued pursuant to Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving driving under the influence, in an appropriate case, the court may order a defendant to be present for arraignment, at the time of plea, or at sentencing. For purposes of this paragraph, a misdemeanor offense involving driving under the influence shall include a misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) Except as provided in subdivision (c), in all cases in which a felony is charged, the accused shall be physically present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. The accused shall be physically or remotely present at all other proceedings unless they waive their right to be physically or remotely present, with leave of court and with approval by defendant’s counsel.
(2) The waiver of a defendant’s right to be physically or remotely present may be in writing and filed with the court or, with the court’s consent, may be entered personally by the defendant or by the defendant’s counsel of record.
(A) A defendant’s personal waiver of the right to be physically or remotely present shall be on the record and
state that the defendant has been advised of the right to be physically or remotely present for the hearing at issue and agrees that notice to the attorney that the defendant’s physical or remote presence in court at a future date and time is required is notice to the defendant of that requirement.
(B) A waiver of the defendant’s physical or remote presence may be entered by counsel, after counsel has stated on the record that the defendant has been advised of the right to be physically or remotely present for the hearing at issue, has waived that right, and agrees that notice to the attorney that the defendant’s physical or remote presence in court at a future date and time is required is notice to the defendant of that requirement.
(3) The court may specifically direct the defendant, either personally or through counsel, to be physically or remotely present at any particular
proceeding or portion thereof, including upon request of a victim, to the extent required by Section 28 of Article I of the California Constitution.
(4) A written waiver of the defendant’s physical or remote presence shall be substantially in the following form:
“Waiver of Defendant’s Physical or Remote Presence”
“The undersigned defendant, having been advised of their right to be present at all stages of the proceedings, including, but not limited to, presentation of and arguments on questions of fact and law, and to be confronted by and cross-examine all witnesses, hereby knowingly, intelligently, and voluntarily waives the right to be physically or remotely present at the hearing of any motion or other proceeding in this cause. The undersigned defendant hereby requests the court to proceed during every absence of the defendant that the court may
permit pursuant to this waiver, and hereby agrees that their interest is represented at all times by the presence of their attorney the same as if the defendant were physically or remotely present in court, and further agrees that notice to their attorney that their physical or remote presence in court on a particular day at a particular time is required is notice to the defendant of the requirement of their physical or remote appearance at that time and place.”
(c) (1) (A) Upon waiver of the right to be physically present by the defendant, criminal proceedings may be conducted through the use of remote technology, except as provided in subparagraphs (D) and (E). The defendant may withdraw the waiver at any time.
(B) The court may specifically direct the defendant, either personally or
through counsel, to be physically present at any particular felony proceeding or portion thereof, including as provided in subdivision (f).
(C) If the defendant is represented by counsel, the attorney shall not be required to be physically present with the defendant if remote technology allows for private communication between the defendant and the attorney prior to and during the proceeding, unless, upon request of defense counsel, the court allows the appearance without private communication. Any private communication shall be confidential and privileged pursuant to Section 952 of the Evidence Code.
(D) A defendant charged with a felony or misdemeanor shall not appear remotely for a jury trial or court trial, except as provided in subparagraph (A) of paragraph (2).
(E) A defendant charged with a felony shall not
appear remotely at sentencing, except for postconviction relief proceedings and as otherwise provided by law.
(F) A witness may appear at any misdemeanor or felony criminal proceeding, except for felony trial, remotely pursuant to section 977.3.
(2) (A) A felony defendant who does not wish to be physically or remotely present for noncritical portions of the trial when no testimonial evidence is taken may make an oral waiver in open court prior to the proceeding, or may submit a written request to the court, which the court may grant in its discretion.
(B) This paragraph does not expand or limit the right of a defendant to be personally present with their counsel at a particular proceeding as required by Section 15 of Article 1 of the California Constitution.
(d) (1) Notwithstanding any other provision in this section, the court may allow a defendant to appear by counsel on that day, at a trial, hearing, or other proceeding, with or without a written waiver, if the court finds, by clear and convincing evidence, all of the following to be true:
(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that trial, hearing, or other proceeding.
(B) The defendant has been informed of their right and obligation to be personally present in court.
(C) The defendant has been informed that the trial, hearing, or other proceeding will proceed without the defendant being present.
(D) The
defendant has been informed that they have the right to remain silent during the trial, hearing, or other proceeding.
(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.
(F) The defendant has been informed whether or not defense counsel will be present.
(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3) If the trial, hearing, or other proceeding lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant
is absent.
(4) This subdivision does not apply to any trial, hearing, or other proceeding in which the defendant was personally present in court at the commencement of the trial, hearing, or other proceeding.
(e) A court may, as appropriate and practicable, allow a prosecuting attorney or defense counsel to participate in a criminal proceeding through the use of remote technology without being physically present in the courtroom and in accordance with subdivision (f).
(f) Except as otherwise provided by law, the court shall require a prosecuting attorney, defense counsel, defendant, or witness to appear in person at a proceeding, if any of the following conditions are present and cannot be resolved in a reasonable amount of time:
(1) The court does not
have the technology necessary to conduct the proceeding remotely.
(2) Although the court has the requisite technology, the quality of the technology or audibility at a proceeding prevents the effective management or resolution of the proceeding.
(3) The quality of the technology or audibility at a proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the proceeding.
(4) The quality of the technology or audibility at a proceeding prevents defense counsel from being able to provide effective representation to the defendant.
(5) The quality of the technology or audibility at a proceeding inhibits a court interpreter’s ability to provide language access, including the ability to communicate and translate directly with the
defendant and the court during the proceeding.
(g) (1) Before the court may proceed with a remote proceeding, the court shall have a process for a defendant, defense counsel, prosecuting attorney, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technological or audibility issues that arise during the proceeding.
(2) When the court conducts a remote proceeding that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in a courtroom.
(h) The court shall make findings on the record that any waiver entered into pursuant to this section is knowingly, voluntarily, and intelligently made by the defendant.
(i) The Judicial Council shall adopt rules and standards that are necessary to implement the policies and provisions of this section and the intent of the Legislature.
(j) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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).(2) If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order issued pursuant to Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving driving under the influence, in an appropriate case, the court may order a defendant to be present for arraignment, at the time of plea, or at sentencing. For purposes of this paragraph, a misdemeanor offense involving driving under the influence shall include a misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) Except as provided in subdivision (c), in all cases in which a felony is charged, the
accused shall be personally present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. The accused shall be personally present at all other proceedings unless they shall, with leave of court, execute in open court, a written waiver of their right to be personally present, as provided by paragraph (2). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).
(2) The accused may execute a written waiver of their right to be personally present, approved by their counsel, and the waiver shall be filed with the court. However, the court may specifically direct the defendant to be personally present at any particular proceeding or portion thereof. The waiver shall be substantially in the following form:
“Waiver of Defendant’s Personal Presence”
“The undersigned defendant, having been advised of their right to be present at all stages of the proceedings, including, but not limited to, presentation of and arguments on questions of fact and law, and to be confronted by and cross-examine all witnesses, hereby waives the right to be present at the hearing of any motion or other proceeding in this cause. The undersigned defendant hereby requests the court to proceed during every absence of the defendant that the court may permit pursuant to this waiver, and hereby agrees that their interest is represented at all times by the presence of their attorney the same as if the defendant were personally present in court, and further agrees that notice to their attorney that their presence in court on a particular day at a particular time is required is notice to the defendant of the requirement of their appearance at that time and
place.”
(c) (1) The court may permit the initial court appearance and arraignment of defendants held in any state, county, or local facility within the county on felony or misdemeanor charges, except for those defendants who were indicted by a grand jury, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant is represented by counsel, the attorney shall be present with the defendant at the initial court appearance and arraignment, and may enter a plea during the arraignment. However, if the defendant is represented by counsel at an arraignment on an information in a felony case, and if the defendant does not plead guilty or nolo contendere to any charge, the attorney shall be present with the defendant or if the attorney is not present with the
defendant, the attorney shall be present in court during the hearing. The defendant shall have the right to make their plea while physically present in the courtroom if they request to do so. If the defendant decides not to exercise the right to be physically present in the courtroom they shall execute a written waiver of that right. A judge may order a defendant’s personal appearance in court for the initial court appearance and arraignment. In a misdemeanor case, a judge may, pursuant to this subdivision, accept a plea of guilty or no contest from a defendant who is not physically in the courtroom. In a felony case, a judge may, pursuant to this subdivision, accept a plea of guilty or no contest from a defendant who is not physically in the courtroom if the parties stipulate thereto.
(2) (A) A defendant who does not wish to be personally present for noncritical portions of the trial when no testimonial evidence is taken
may make an oral waiver in open court prior to the proceeding or may submit a written request to the court, which the court may grant in its discretion. The court may, when a defendant has waived the right to be personally present, require a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges to be present for noncritical portions of the trial when no testimonial evidence is taken, including, but not limited to, confirmation of the preliminary hearing, status conferences, trial readiness conferences, discovery motions, receipt of records, the setting of the trial date, a motion to vacate the trial date, and motions in limine, by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant is represented by counsel, the attorney shall not be required to be personally present with the defendant for noncritical portions of the trial, if the audiovideo
conferencing system or other technology allows for private communication between the defendant and the attorney prior to and during the noncritical portion of trial. Any private communication shall be confidential and privileged pursuant to Section 952 of the Evidence Code.
(B) This paragraph does not expand or limit the right of a defendant to be personally present with their counsel at a particular proceeding as required by Section 15 of Article 1 of the California Constitution.
(d) (1) Notwithstanding any other provision in this section, the court may allow a defendant to appear by counsel on that day, at a trial, hearing, or other proceeding, with or without a written waiver, if the court finds, by clear and convincing evidence, all of the following to be true:
(A) The defendant is in
custody and is refusing, without good cause, to appear in court on that day for that trial, hearing, or other proceeding.
(B) The defendant has been informed of their right and obligation to be personally present in court.
(C) The defendant has been informed that the trial, hearing, or other proceeding will proceed without the defendant being present.
(D) The defendant has been informed that they have the right to remain silent during the trial, hearing, or other proceeding.
(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.
(F) The defendant has been informed whether or not defense counsel will be present.
(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3) If the trial, hearing, or other proceeding lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4) This subdivision does not apply to any trial, hearing, or other proceeding in which the defendant was personally present in court at the commencement of the trial, hearing, or other proceeding.
(e) This section shall become operative on January 1,
2025.
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.(b) Notwithstanding subdivision (a), the court may allow a witness to testify through the use of remote technology as otherwise provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses.
(c) The court shall make findings on the record that any waiver entered into pursuant to this section is knowingly, voluntarily, and
intelligently made by the defendant.
(d) The Judicial Council shall adopt rules and standards that are necessary to implement the policies and provisions of this section and the intent of the Legislature.
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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.(b) The absence of the defendant in a preliminary hearing after the hearing has commenced in their physical presence shall not prevent continuing the hearing to, and including, holding to answer, filing an information, or discharging the defendant in any of the following cases:
(1) Any case in which the defendant, after being warned by the judge that they will be removed if they continued their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the hearing cannot be carried on with the defendant present in
the courtroom.
(2) Any prosecution for an offense which is not punishable by death in which the defendant is voluntarily absent.
(c) Any defendant who is absent from a preliminary hearing pursuant to paragraph (1) of subdivision (b) may reclaim their right to be present at the hearing as soon as they are willing to act consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.
(d) Subdivisions (a) and (b) shall not limit the right of a defendant to waive the right to be physically present or to appear through the use of remote technology in accordance with Section 977.
(e) (1) For purposes of subdivision (b), a preliminary hearing shall be deemed to have commenced in the presence of the
defendant if the court finds, by clear and convincing evidence, all of the following to be true:
(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that preliminary hearing.
(B) The defendant has been informed of their right and obligation to be personally present in court.
(C) The defendant has been informed that the preliminary hearing will proceed without the defendant being present.
(D) The defendant has been informed that they have the right to remain silent during the preliminary hearing.
(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory
right to confront any witnesses against them or to testify on their own behalf.
(F) The defendant has been informed whether or not defense counsel will be present.
(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3) If the preliminary hearing lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4) This subdivision does not apply to any preliminary hearing in which the defendant was personally present in court at the commencement of the preliminary hearing.
(f) This section shall remain in
effect only until January 1, 2025, and as of that date is repealed.
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.(b) The absence of the defendant in a preliminary hearing after the hearing has commenced in their physical presence shall not prevent continuing the hearing to, and including, holding to answer, filing an information, or discharging the defendant in any of the following cases:
(1) Any case in which the defendant, after being warned by the judge that they will be removed if they continued their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the hearing cannot be carried on with the defendant present in
the courtroom.
(2) Any prosecution for an offense which is not punishable by death in which the defendant is voluntarily absent.
(c) Any defendant who is absent from a preliminary hearing pursuant to paragraph (1) of subdivision (b) may reclaim their right to be present at the hearing as soon as they are willing to act consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.
(d) Subdivisions (a) and (b) shall not limit the right of a defendant to waive the right to be present in accordance with Section 977.
(e) (1) For purposes of subdivision (b), a preliminary hearing shall be deemed to have commenced in the presence of the defendant if the court finds, by clear and convincing evidence,
all of the following to be true:
(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that preliminary hearing.
(B) The defendant has been informed of their right and obligation to be personally present in court.
(C) The defendant has been informed that the preliminary hearing will proceed without the defendant being present.
(D) The defendant has been informed that they have the right to remain silent during the preliminary hearing.
(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on
their own behalf.
(F) The defendant has been informed whether or not defense counsel will be present.
(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3) If the preliminary hearing lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4) This subdivision does not apply to any preliminary hearing in which the defendant was personally present in court at the commencement of the preliminary hearing.
(f) This section shall become operative on January 1,
2025.
SEC. 8.
Section 6258 of the Penal Code is amended to read:6258.
(a) The Secretary of the Department of Corrections and Rehabilitation may contract for the establishment and operation of separate community correctional reentry centers for men and women, provided that the per-inmate cost for operating these facilities under contract will be less than the per-inmate cost of maintaining custody of the inmates by the department. The department may enter into long-term contracts, not to exceed 10 years, for transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to this section.(b) The purpose of the community correctional reentry center is to provide an enhancement program to increase the likelihood of a successful parole. The objective of the program is to make the inmates aware of their responsibility to society, and to assist the inmates with educational and employment training to ensure employability once on parole.
(c) A community correctional reentry center shall prepare the inmate for reintegration into society. These centers shall provide counseling in the areas of drug and alcohol abuse, stress, employment skills, victim awareness, and shall, in general, prepare the inmate for return to society. The program shall also emphasize literacy training and utilize computer-supported training so that the inmate can read and write at least at a
9th-grade level.
(d) In awarding contracts pursuant to this section, the
secretary shall advertise the potential contract and may entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and shall give preference to the following community correctional reentry centers:
(1) Centers located near large population centers.
(2) Centers with approved state or local land use.
(3) Centers with an identified facility with appropriate capacity to serve not greater than 200 individuals.
(4) Centers that provide a rehabilitative, supportive setting and programming that is trauma-informed, culturally responsive, and community oriented in order to improve the outcomes of the participants and reduce recidivism.
(5) Centers operated by a nonprofit organization that has demonstrated experience successfully operating
community correctional reentry centers.
(e) Notwithstanding any other law, except as provided in subdivision (d), for the purposes of entering into or renewing agreements pursuant to this section, any process, regulation, or requirement, including any state government reviews or approvals, or third-party approval that is required under, or implemented pursuant to, any statute that relates to entering into or renewing those agreements, is hereby waived.
(f) On or after October 14, 2023, the department shall not contract for the establishment or operation of a community correctional reentry center located in current or former state prison facilities or on current or
former state prison property. This subdivision does not apply to other types of facilities owned or operated by the department.
SEC. 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) The Department of Justice is authorized to collect all fees related to subsequent notification services from eligible entities who may participate and remit collected fees to the Federal Bureau of Investigations.
(3) An entity that submits the fingerprints of applicants for licensing, employment, or certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions pursuant to paragraph (1) shall comply with subdivision (d).
(b) For purposes of this section, “approval” means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c) An entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2,
subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d) An entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicant’s license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregiver’s or nonrelative extended family member’s approval is terminated. The Department of Justice shall
terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e) An entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f) An entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of
establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g) An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h) Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
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.(b) (1) A request for records under
subdivision (a) shall include the applicant’s fingerprints, which may be taken by the requester, and any other data specified by the department. The department shall not require the applicant’s residence address for any request for records pursuant to subdivision (a). The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, a fee shall not be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(2) The following procedures are established under this section:
(A) The department, upon receipt of a background check report lacking disposition data, shall conduct research in whatever recordkeeping systems are available in order to obtain complete data.
(B) A human resource agency or employer shall register with the department before submitting a request for screening under this section. Each such request shall be voluntary. As a part of the registration, the human resource agency or employer shall agree to comply with state and federal law and shall so indicate by signing an agreement approved by the department. The department may periodically audit human resource agencies and employers to ensure compliance with federal law and this section.
(C) The human resource agency or employer shall maintain a waiver signed annually by the applicant, employee, or volunteer allowing the release of the state and federal level criminal history information to the human resource agency or employer.
(D) The federal level criminal history information is available to human resource agencies and employers to use only for the purpose of screening employees and volunteers or persons applying to be an employee or volunteer with a human resource agency or employer. The department shall provide this federal criminal history record information directly to the human resource agency or employer as authorized by the written waiver required pursuant to subparagraph (C) for submission of a request to the department.
(E) The determination of whether the criminal history record shows that the applicant, employee, or volunteer has been convicted of, or is under pending indictment for, any crime that bears upon the fitness of the applicant, employee, or volunteer to have responsibility for the safety and well-being of children, the elderly, the handicapped, or the mentally impaired shall solely be made by the human resource agency or employer. This section does not require the department to make such a determination on behalf of any human resource agency or employer.
(F) The human resource agency or employer shall notify the person in writing of their right to obtain a copy of any background screening report, including the criminal history records, if any, contained in the report, to challenge
the accuracy and completeness of any information contained in any such report, and to obtain a determination as to the validity of such challenge before a final determination regarding the person is made by the human resource agency or employer reviewing the criminal history information.
(c) (1) When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 273a, 273d, or 273.5, former Section 262, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense
committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins their duties or tasks. Notwithstanding any other law, a person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for conveying or receiving that information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other law requiring criminal record access or dissemination of criminal history information.
(2) The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction. This paragraph does not preclude
an employer from requesting records of misdemeanor convictions from the Department of Justice pursuant to this section.
(d) This section does not supersede any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e) The department may adopt regulations to implement the provisions of this section as necessary.
(f) As used in this section, the following terms have the following meanings:
(1) “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.
(2) “Employer”
means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(3) “Human resource agency” means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California
Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(A) Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(B) Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(C) Applying to adopt a child or to be a foster parent.
(4) “Regular volunteer” has the same meaning as that term is defined in Section 18975 of the Business and Professions Code.
(5) “Youth organization” means any community youth athletic program or youth service organization.
(6) “Youth service organization” has the same meaning as that term is defined in Section 18975 of the Business and Professions Code.
(g) Except as provided in subdivision (c), criminal history information obtained pursuant to this section is confidential and a recipient shall not disclose its contents other than for
the purpose for which it was acquired.
(h) (1) A community youth athletic program may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(2) The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(i) (1) A youth service organization shall request state and federal level criminal history information pursuant to subdivision (a) for an administrator, employee, or regular
volunteer candidate.
(2) The youth service organization may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for an administrator, employee, or regular volunteer.
(j) (1) When a youth organization that requests subsequent arrest notification service pursuant to subdivision (h) or (i) knows that the individual for whom the service is requested is no longer in a position for which the service is permitted, the youth organization shall notify the department immediately to terminate the service for that individual. The department shall terminate the service for the individual upon receipt of the notification.
(2) A youth organization that requests subsequent arrest notification service shall, not less than every six months, verify that
each individual for whom the service has not been terminated, is still in a position with the youth organization for which the service is permitted.
(3) If a youth organization receives subsequent arrest notification for an individual unknown to the youth organization or for whom the youth organization terminated the service, the youth organization shall return the notification immediately to the department, informing the department that the individual is unknown to the youth organization or that the youth organization terminated the service for that individual.
(k) Compliance with
this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
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:(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess ammunition as specified in subdivision (b).
(2) A purchaser or transferee who has a
current certificate of eligibility issued by the department pursuant to Section 26710.
(3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).
(b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall
determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing ammunition by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.
(c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225 and not to exceed the department’s reasonable costs.
(d) A vendor is prohibited from
providing a purchaser or transferee ammunition without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an
internet connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the Attorney General may adjust the fee as needed pursuant to this section, not to exceed the reasonable regulatory and enforcement costs for operating the program related to this article.
(f) A fund to be known as the “Ammunition Safety and Enforcement Special Fund” is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated for purposes of implementing, operating, and enforcing the ammunition authorization program provided for in this section and Section 30352 and for repaying the start-up loan provided for in Section 30371.
(g) The Department of Justice is authorized to adopt regulations to implement this section.
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), (e), and (f).(b) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, until that person attains 23 years of age, or two years from the date of commitment to a secure youth treatment facility pursuant to Section
875, whichever occurs later, subject to the provisions of subdivision (c).
(c) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 until that person attains 25 years of age, or two years from the date of commitment to a secure youth treatment facility pursuant to Section 875, whichever occurs later, if the person, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more.
(d) The court may retain jurisdiction over a person who is 25 years of age or older for a period not to exceed two years from the date of disposition if the person is found to be a person described in Section 602 by reason of the
commission of an offense listed in subdivision (b) of Section 707. The court shall exercise jurisdiction in conformance with the objectives of the juvenile court.
(e) The court shall not discharge a person from its jurisdiction who has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice while the person remains under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, including periods of extended control ordered pursuant to Section 1800.
(f) The court may retain jurisdiction over a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, who has been confined in a state hospital or other appropriate public or private mental health facility pursuant to Section 702.3 until that person attains 25 years of age, unless the court that committed the person finds, after notice and hearing, that the person’s sanity has been restored.
(g) The court may retain jurisdiction over a person while that person is the subject of a warrant for arrest issued pursuant to Section 663.
(h) Notwithstanding subdivisions (b), (c), and (f), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2012, but before July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1
of Division 2.5. This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2012, pursuant to subdivisions (b), (c), and (f).
(i) (1) Notwithstanding subdivision
(h), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, on or after July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707 of this code, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(2) A person who, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person
attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2018, as described in subdivision
(h).
(j) The amendments to this section made by Chapter 342 of the Statutes of 2012 apply retroactively.
(k) This section does not change the period of the juvenile court jurisdiction
for a person committed to the Division of Juvenile Justice prior to July 1, 2018.
(l) This section shall become operative July 1, 2021.
(m) The amendments to this section made by the act that added this subdivision apply retroactively.
