HomeMy WebLinkAbout2023-03-14 - AGENDA REPORTS - STATE LEGISLATIONO
Agenda Item: 5
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: TAA,/�
DATE: March 14, 2023
SUBJECT: STATE LEGISLATION: AB 23, AB 1631, SB 13, SB 14, and SB 489
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council:
1. Support AB 23 (Muratsuchi), AB 1631 (Schiavo), SB 13 (Ochoa Bogh), SB 14 (Grove), and
SB 489 (Wilk).
2. Transmit position statements to the authors of the bills, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Newsom, the League of California
Cities, and other stakeholder organizations.
BACKGROUND
The following state legislative items were presented to the City Council Legislative Committee
on March 1, 2023. Included as part of this report is a brief summary of each piece of legislation
and its current status in the state legislative process.
Assembly Bill 23
Authored by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 23 amends state
law that was established by Proposition 47 (2014) by reducing the threshold amount for petty
theft and shoplifting from $950 to $400.
Subsequent to passage by the state legislature and approval by the Governor, this bill would
become effective only if approved by voters through a ballot initiative.
Proposition 47 (2014), titled, "The Safe Neighborhoods and Schools Act," was approved by
voters (59.6 percent - 40.4 percent) on November 4, 2014, and went into effect on November 5,
2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.
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Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug
offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor,
to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of
petty theft, was a misdemeanor. However, such crimes could also be charged as burglary,
instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted
as a felony and sentenced up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a
fine up to $1,000.
According to the California Department of Justice, larceny -theft increased by approximately 10.7
percent and shoplifting increased by approximately 11.7 percent statewide, a year after
Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny -theft increased
by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that
same period of time.
Assembly Bill 1631
Authored by Assembly Member Pilar Schiavo (D-40-Chatsworth), Assembly Bill 1631 requires
the State Water Resources Control Board (Board) to issue a new notice and provide an
opportunity for a public hearing on water appropriation applications for a beneficial use or uses
that include mining use that have been pending for more than 30 years.
The City of Santa Clarita (City) is a sponsor of this bill.
Under existing law, the Board administers a water rights program where it grants permits and
licenses to appropriate water. This administrative process allows for a protest period and the
Board is required to hold a hearing as long as a protest remains unresolved or there is a disputed
material fact.
However, existing law does not require the Board to allow for additional public review on
applications it has not rendered a final determination, even if decades have passed since the
original filing date. This results in cases where long-standing water appropriation applications
lack current information and withhold any opportunity for public comment, in some cases for
several decades, limiting the Board's ability to fully vet an application with an understanding of
the current environmental circumstances and public engagement prior to a final determination.
The original water appropriation permit application for the proposed Soledad Canyon mining
project is over three decades old, having been filed in June 1991. If this bill is passed, it would be
effective January 1, 2024, and would immediately apply to the proposed Soledad Canyon mining
proj ect.
Senate Bill 13
Authored by Senator Rosilicie Ochoa Bogh (R-23-Yucaipa), Senate Bill 13 requires a person
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who is convicted of, or who pleads guilty or no contest to, the possession or purchase for the
purpose of selling or administering various controlled substances, including fentanyl, to receive a
written advisory of the danger of manufacturing or distribution of controlled substances and that,
if a person dies as a result of that action, the manufacturer or distributor can be charged with
voluntary manslaughter or murder.
The opioid epidemic has become a nationwide issue, affecting communities across the country,
including in the City. In 2021, more than 71,000 people died from a synthetic opioid-related drug
overdose in the United States, according to provisional data from the Centers for Disease Control
and Prevention (CDC). Recent data suggest that number continues to increase each year.
Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger
than morphine, making it a major contributor to drug overdose deaths. Based on preliminary
2021 data from the CDC, there were 6,843 opioid-related overdose deaths in California; 5,722 of
these deaths were related to fentanyl. Moreover, in 2021, there were 224 fentanyl-related
overdose deaths among teens, ages 15-19 years old, in California.
In 2022, the Los Angeles County Sheriff's Department reported 32 overdoses in the Santa
Clarita Valley as a result of fentanyl.
Senate Bill 14
Authored by Senator Shannon Grove (R- 12 -Bakersfield), Senate Bill 14 adds human trafficking
within the definition of a serious felony for all purposes, including for purposes of the Three
Strike Law. Senator Scott Wilk (R-23-Santa Clarita) is a co-author.
Current law defines the term "serious felony" for various purposes, including, among others,
enhancing the punishment for felonies according to existing sentencing provisions commonly
known as the Three Strikes Law. The Three Strikes Law imposes a state prison sentence of up to
25 years to life on a defendant who is convicted of a third violent or serious felony offense.
Existing serious felonies include murder, rape, arson, and kidnapping.
Senate Bill 489
Authored by Senator Scott Wilk (R-23-Santa Clarita), Senate Bill 489 authorizes a city official to
directly issue public and confidential marriage licenses.
The City is a sponsor of this bill.
Under existing state law, issuance of marriage licenses is delegated to county jurisdictions, with
the exception of confidential marriage licenses, which state law allows for licensed notaries to
purchase from a County office and issue. However, public marriage licenses are exclusively
delegated to counties.
On February 14, 2020, the City began a new program, entitled City Hall Ceremonies. The
premise of this international award -winning program was to bring marriage services to the local
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community by delivering a more personal, convenient, and cost-efficient service. City staff in the
City Clerk's Office obtained their notary license and completed a training in order to be able to
issue confidential marriage licenses at City Hall.
To date, through City Hall Ceremonies, the Santa Clarita City Clerk's Office has issued 547
confidential marriage licenses and officiated 324 marriage ceremonies. Because of the cost,
convenience, and customer service, the Santa Clarita City Hall Ceremonies was awarded the
International Institute of Municipal Clerks Introduction of Innovative Customer Service 2022
Program Excellence in Governance Award.
In Los Angeles County, the Registrar-Recorder/County Clerk's Office is the office authorized to
issue marriage licenses. There are six Register-Recorder/County Clerk's Offices in Los Angeles
County and appointments may be made up to three weeks in advance, within a shortened
workday schedule, and available on a first -come, first -serve basis.
Additionally, licensed notaries at the City can only issue confidential marriage licenses
purchased from the County at the same fee the County charges its customers and while a
marriage license purchased by a couple from the County is valid 90 days from the date of
issuance, licenses purchased by couples at Santa Clarita City Hall are only valid 90 days from
the date the notary purchases the license from the County.
During the COVID-19 pandemic, Santa Clarita City Hall remained open and continued to offer
confidential marriage license services. Several couples came to City Hall because their
appointments had been cancelled by Los Angeles County or surrounding county offices. Being a
local service for the community, the program is nimble enough to allow Santa Clarita staff to
make appointment exceptions for emergency situations, such as unplanned cesarean sections and
armed services deployment situations.
Authorizing cities to directly issue both public and confidential licenses brings this much sought-
after service to the community who seek those services, fairly compensates municipalities for
services offered, keeps commuters off busy Southern California freeways, and ultimately lowers
the cost of marriage services for our constituents.
All of the bills listed in this report are pending their first policy committee hearing.
Additionally, the recommendation to support the bills listed in this report is consistent with the
City of Santa Clarita 2023 Executive and Legislative Platform.
ALTERNATIVE ACTION
Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2022-23 budget.
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ATTACHMENTS
Assembly Bill 23 - Bill Text
Assembly Bill 1631 - Bill Text
Senate Bill 13 - Bill Text
Senate Bill 14 - Bill Text
Senate Bill 489 - Bill Text
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL
No. 23
Introduced by Assembly Member Muratsuchi
December 5, 2022
An act to amend Sections 459.5, 487, and 490.2 of the Penal Code,
relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 23, as introduced, Muratsuchi. Theft: shoplifting: amount.
Existing law, the Safe Neighborhoods and Schools Act, enacted as
an initiative statute by Proposition 47, as approved by the electors at
the November 4, 2014, statewide general election, makes the theft of
money, labor, or property petty theft punishable as a misdemeanor,
whenever the value of the property taken does not exceed $950. Under
existing law, if the value of the property taken exceeds $950, the theft
is grand theft, punishable as a misdemeanor or a felony.
Proposition 47 requires shoplifting, defined as entering a commercial
establishment with the intent to commit larceny if the value of the
property taken does not exceed $950, to be punished as a misdemeanor.
Under existing law, entering a commercial establishment with the intent
to take property exceeding $950 is burglary, punishable as a
misdemeanor or a felony.
This bill would amend Proposition 47 by reducing the threshold
amount for petty theft and shoplifting from $950 to $400. The bill would
provide that it shall become effective only when submitted to, and
approved by, the voters of California.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
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AB 23
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The people of the State of California do enact as follows:
SECTION 1. Section 459.5 of the Penal Code is amended to
read:
459.5. (a) Notwithstanding Section 459, shoplifting is defined
as entering a commercial establishment with intent to commit
larceny while that establishment is open during regular business
hours, where the value of the property that is taken or intended to
be taken does not exceed . four
hundred dollars ($400). Any other entry into a commercial
establishment with intent to commit larceny is burglary. Shoplifting
shall be punished as a misdemeanor, except that a person with one
or more prior convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section
667 or for an offense requiring registration pursuant to subdivision
(c) of Section 290 may be punished pursuant to subdivision (h) of
Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be
charged as shoplifting. -No A person who is charged with shoplifting
may shall not also be charged with burglary or theft of the same
property.
SEC. 2. Section 487 of the Penal Code, as amended by Section
1 of Chapter 22 of the Statutes of 2022, is amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, real property, or personal property
taken is of a value exceeding ,
four hundred dollars ($400), except as provided in subdivision
(b).
(b) Notwithstanding subdivision (a), grand theft is committed
in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
farm crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value
may be shown by the presentation of credible evidence which
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I establishes that on the day of the theft domestic fowls, avocados,
2 olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
3 artichokes, or other farm crops of the same variety and weight
4 exceeded two hundred fifty dollars ($250) in wholesale value.
5 (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
6 other aquacultural products are taken from a commercial or
7 research operation which is producing that product, of a value
8 exceeding two hundred fifty dollars ($250).
9 (3) Where the money, labor, real property, or personal property
10 is taken by a servant, agent, or employee from their principal or
11 employer and aggregates four
12 hundred dollars ($400) or more in any1-2 eonseet
13 12-consecutive-month period.
14 (c) When the property is taken from the person of another.
15 (d) When the property taken is any of the following:
16 (1) An automobile.
17 (2) A firearm.
18 (e) If the value of the money, labor, real property, or personal
19 property taken exceeds nine hundred fifty dollars ($950) over the
20 course of distinct but related acts, the value of the money, labor,
21 real property, or personal property taken may properly be
22 aggregated to charge a count of grand theft, if the acts are motivated
23 by one intention, one general impulse, and one plan.
24 SEC. 3. Section 490.2 of the Penal Code is amended to read:
25 490.2. (a) Notwithstanding Section 487 or any other provision
26 of law defining grand theft, obtaining any property by theft where
27 the value of the money, labor, real or personal property taken does
28 not exceed four hundred dollars
29 ($400) shall be considered petty theft and shall be punished as a
30 misdemeanor, except that such person may instead be punished
31 pursuant to subdivision (h) of Section 1170 if that person has one
32 or more prior convictions for an offense specified in clause (iv) of
33 subparagraph (C) of paragraph (2) of subdivision (e) of Section
34 667 or for an offense requiring registration pursuant to subdivision
35 (c) of Section 290.
36 (b) This section shall not be applicable to any theft that may be
37 charged as an infraction pursuant to any other provision of law.
38 (c) This section shall not apply to theft of a firearm.
39 SEC. 4. The provisions of this bill affect an initiative statute
40 and shall become effective only when submitted to, and approved
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AB 23 — 4 —
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1 by, the voters of California, pursuant to subdivision (c) of Section
2 10 of Article 11 of the California Constitution.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1631
Introduced by Assembly Member Schiavo
(Principal coauthor: Senator Wilk)
February 17, 2023
An act to add Section 1305 to the Water Code, relating to water
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1631, as introduced, Schiavo. Water resources: permit to
appropriate: application procedure: mining use.
Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the board grants
permits and licenses to appropriate water. Existing law requires an
application for a permit to appropriate water to include, among other
things, sufficient information to demonstrate a reasonable likelihood
that unappropriated water is available for the proposed appropriation.
Existing law requires the board to issue and deliver a notice of an
application as soon as practicable after the receipt of an application for
a permit to appropriate water that conforms to the law. Existing law
allows interested persons to file a written protest with regard to an
application to appropriate water and requires the protestant to set forth
the objections to the application. Existing law declares that no hearing
is necessary to issue a permit in connection with an unprotested
application, or if the undisputed facts support the issuance of the permit
and there is no disputed issue of material fact, unless the board elects
to hold a hearing.
This bill, if the board has not rendered a final determination on an
application for a permit to appropriate water for a beneficial use or uses
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AB 1631 —2—
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that include mining use within 30 years from the date the application
was filed, would require the board to issue a new notice and provide
an opportunity for protests before rendering a final determination, with
specified exceptions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTIONI. Section 1305 is added to the Water Code, to read:
2 1305. (a) If the board has not rendered a final determination
3 on an application for a permit to appropriate water for a beneficial
4 use or uses that include mining use within 30 years from the date
5 the application was filed, the board shall issue a new notice and
6 provide an opportunity for protests under Chapter 4 (commencing
7 with Section 1330) before rendering a final determination.
8 (b) A notice and opportunity for protests pursuant to subdivision
9 (a) is not required if any of the following apply:
10 (1) The application is canceled or denied.
11 (2) A notice and opportunity for protests has been provided
12 within five years prior to the board rendering a final approval.
13 (3) The board holds a hearing or conducts proceedings under
14 Article 1.5 (commencing with Section 1345) of Chapter 5, after
15 public notice of the hearing or proceedings, and allows any person
16 requesting notice of the hearing or proceedings to participate as a
17 party in the hearing or proceedings, including the presentation of
18 evidence, without having to have filed protests. The board shall
19 provide not less than 45 days' written notice, in the same manner
20 as would be provided to an unresolved protestant, to any person
21 requesting the notice.
22 (4) The applicant is a public entity.
23 (c) This section is not a limitation on the authority of the board
24 to issue a notice or direct the applicant to issue a notice if, because
25 of changes in the project or other circumstances, the issuance of
26 a notice is necessary to provide a fair opportunity for interested
27 persons to file protests or is in the public interest.
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SENATE BILL
No. 13
Introduced by Senator Ochoa Bogh
(Coauthor: Senator Grove)
December 5, 2022
An act to add Section 11369 to the Health and Safety Code, relating
to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 13, as introduced, Ochoa Bogh. Controlled substances.
Existing law makes it a crime to possess for sale or purchase for
purpose of sale, transport, sell, furnish, administer, give away,
manufacture, compound, convert, produce, derive, process, or prepare
various controlled substances, including, among others, fentanyl, peyote,
and various other opiates and narcotics.
This bill would require a person who is convicted of, or who pleads
guilty or no contest to, the above crimes to receive a written advisory
of the danger of manufacturing or distribution of controlled substances
and that, if a person dies as a result of that action, the manufacturer or
distributor can be charged with voluntary manslaughter or murder. The
bill would require that the fact the advisory was given be on the record
and recorded on the abstract of conviction.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11369 is added to the Health and Safety
2 Code, to read:
3 11369. (a) This section shall be known, and may be cited, as
4 Alexandra's Law.
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1 (b) The court shall advise a person who is convicted of, or who
2 pleads guilty or no contest to, a violation of Section 11351, 11352,
3 or 11379.6 of the following:
4 "You are hereby advised that the illicit manufacture or
5 distribution of controlled substances, either real or counterfeit,
6 inflicts a grave health risk to those who ingest or are exposed to
7 them. It is extremely dangerous to human life to manufacture or
8 distribute real or counterfeit controlled substances. If you do so,
9 and a person dies as a result of that action, you can be charged
10 with voluntary manslaughter or murder."
11 (c) The advisory statement shall be provided to the defendant
12 in writing, either on the plea form or after sentencing, and the fact
13 that the advisory was given shall be on the record and recorded in
14 the abstract of the conviction.
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SENATE BILL
No. 14
Introduced by Senators Grove, Caballero, and Rubio
(Coauthors: Senators Dahle, Glazer, Jones, Newman, Nguyen,
Niello, Ochoa Bogh, Seyarto, and Wilk)
December 5, 2022
An act to amend Sections 667.1, 667.5, 1170.125, and 1192.7 of the
Penal Code, relating to felonies.
LEGISLATIVE COUNSEL'S DIGEST
SB 14, as introduced, Grove. Violent felonies: serious felonies: human
trafficking.
Existing law defines the terms "serious felony" and "violent felony"
for various purposes, including, among others, enhancing the punishment
for felonies pursuant to existing sentencing provisions commonly known
as the Three Strikes Law.
This bill would include human trafficking within the definition of a
violent felony and the definition of a serious felony for all purposes,
including for purposes of the Three Strikes Law. By expanding the
scope of an enhancement, this bill would impose a state -mandated local
program.
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 no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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The people of the State of California do enact as follows:
1 SECTION 1. Section 667.1 of the Penal Code is amended to
2 read:
3 667.1. (a) Notwithstanding subdivision (h) of Section 667,
4 for all offenses committed on or after November 7, 2012, but before
5 January 1, 2024, all references to existing statutes in subdivisions
6 (c) to (g), inclusive, of Section 667, are to those statutes as they
7 existed read on November 7, 2012.
8 (b) Notwithstanding subdivision (h) of Section 667, for all
9 offenses committed on or after January 1, 2024, all references to
10 existing statutes in subdivisions (c) to (g), inclusive, of Section
11 667, are to those statutes as they read on January 1, 2024.
12 SEC. 2. Section 667.5 of the Penal Code is amended to read:
13 667.5. Enhancement of prison terms for new offenses because
14 of prior prison terms shall be imposed as follows:
15 (a) If one of the new offenses is one of the violent felonies
16 specified in subdivision (c), in addition to and consecutive to any
17 other prison terms therefor, the court shall impose a three-year
18 term for each prior separate prison term served by the defendant
19 when the prior offense was one of the violent felonies specified
20 in subdivision (c). However, an additional term shall not be
21 imposed under this subdivision forte a prison term served prior
22 to a period of 10 years in which the defendant remained free of
23 both prison custody and the commission of an offense that results
24 in a felony conviction.
25 (b) Except when subdivision (a) applies, if the new offense is
26 a" a felony for which a prison sentence or a sentence of
27 imprisonment in a county jail under subdivision (h) of Section
28 1170 is imposed or is not suspended, in addition and consecutive
29 to any other sentence therefor, the court shall impose a one-year
30 term for each prior separate prison term for a sexually violent
31 offense as defined in subdivision (b) of Section 6600 of the Welfare
32 and Institutions Code, provided that an additional term shall not
33 be imposed under this subdivision forte a prison term served
34 prior to a period of five years in which the defendant remained
35 free of both the commission of an offense that results in a felony
36 conviction, and prison custody or the imposition of a term of jail
37 custody imposed under subdivision (h) of Section 1170 or any
38 felony sentence that is not suspended.
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1 (c) The Legislature finds and declares that the following
2 specified crimes merit special consideration when imposing a
3 sentence to display society's condemnation for these extraordinary
4 crimes of violence against the person. For the purpose of this
5 section, "violent felony" means any of the following:
6 (1) Murder or voluntary manslaughter.
7 (2) Mayhem.
8 (3) Rape as defined in paragraph (2) or (6) of subdivision (a)
9 of Section 261 or paragraph (1) or (4) of subdivision (a) of former
10 Section 262.
11 (4) Sodomy as defined in subdivision (c) or (d) of Section 286.
12 (5) Oral copulation as defined in subdivision (c) or (d) of Section
13 287 or of former Section 288a.
14 (6) Lewd or lascivious act as defined in subdivision (a) or (b)
15 of Section 288.
16 (7) Any felony punishable by death or imprisonment in the state
17 prison for life.
18 (8) Any felony in which the defendant inflicts great bodily injury
19 on a person other than an accomplice, which has been charged and
20 proved as provided for in Section 12022.7, 12022.8, or 12022.9
21 on or after July 1, 1977, or as specified prior to July 1, 1977, in
22 Sections 213, 264, and 461, or any felony in which the defendant
23 uses a firearm which use has been charged and proved as provided
24 in subdivision (a) of Section 12022.3, or Section 12022.5 or
25 12022.55.
26 (9) Any robbety.
27 (9) Robbery.
28 (10) Arson, in violation of subdivision (a) or (b) of Section 451.
29 (11) Sexual penetration as defined in subdivision (a) or 0) of
30 Section 289.
31 (12) Attempted murder.
32 (13) A violation of Section 18745, 18750, or 18755.
33 (14) Kidnapping.
34 (15) Assault with the intent to commit a specified felony, in
35 violation of Section 220.
36 (16) Continuous sexual abuse of a child, in violation of Section
37 288.5.
38 (17) Carjacking, as defined in subdivision (a) of Section 215.
39 (18) Rape or sexual penetration, in concert, in violation of
40 Section 264.1.
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1 (19) Extortion, as defined in Section 518, -e that would
2 constitute a felony violation of Section 186.22.
3 (20) Threats to victims or witnesses, as defined in Section 136.1,
4 whiek that would constitute a felony violation of Section 186.22.
5 (21) Burglary of the first degree, as defined in
6 subdivision (a) of Section 460, wherein it is charged and proved
7 that another person, other than an accomplice, was present in the
8 residence during the commission of the burglary.
9 (22) Any violation of Section 12022.53.
10 (23) A violation of subdivision (b) or (c) of Section 11418.
11 (24) Human trafficking, in violation of Section 236.1.
12 (d) For the purposes of this section, the defendant shall be
13 deemed to remain in prison custody for an offense until the official
14 discharge from custody, including any period of mandatory
15 supervision, or until release on parole or postrelease community
16 supervision, whichever first occurs, including any time during
17 which the defendant remains subject to reimprisonment or custody
18 in county jail for escape from custody or is reimprisoned on
19 revocation of parole or postrelease community supervision. The
20 additional penalties provided for prior prison terms shall not be
21 imposed unless they are charged and admitted or found true in the
22 action for the new offense.
23 (e) The additional penalties provided for prior prison terms shall
24 not be imposed for any felony for which the defendant did not
25 serve a prior separate term in state prison or in county jail under
26 subdivision (h) of Section 1170.
27 (f) A prior conviction of a felony shall include a conviction in
28 another jurisdiction for an offensewhieh, that, if committed in
29 California, is punishable by imprisonment in the state prison or in
30 county jail under subdivision (h) of Section 1170 if the defendant
31 served one year or more in prison for the offense in the other
32 jurisdiction. A prior conviction of a particular felony shall include
33 a conviction in another jurisdiction for an offense that includes all
34 of the elements of the particular felony as defined under California
35 law if the defendant served one year or more in prison for the
36 offense in the other jurisdiction.
37 (g) A prior separate prison term for the purposes of this section
38 shall mean a continuous completed period of prison incarceration
39 imposed for the particular offense alone or in combination with
40 concurrent or consecutive sentences for other crimes, including
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1 any reimprisonment on revocation of parole that is not
2 accompanied by a new commitment to prison, and including
3 reimprisonment after an escape from incarceration.
4 (h) Serving a prison term includes a confinement time in
5 any state prison or federal penal institution as punishment for
6 commission of an offense, including confinement in a hospital or
7 other institution or facility credited as service of prison time in the
8 jurisdiction of the confinement.
9 (i) For the purposes of this section, a commitment to the State
10 Department of Mental Health, or its successor the State Department
11 of State Hospitals, as a mentally disordered sex offender following
12 a conviction of a felony, which commitment exceeds one year in
13 duration, shall be deemed a prior prison term.
14 0) For the purposes of this section, when a person subject to
15 the custody, control, and discipline of the Secretary of the
16 Department of Corrections and Rehabilitation is incarcerated at a
17 facility operated by the Division of Juvenile Justice, that
18 incarceration shall be deemed to be a term served in state prison.
19 (k) (1) Notwithstanding subdivisions (d) and (g) or any other
20 law, when one of the new offenses is committed while the
21 defendant is temporarily removed from prison pursuant to Section
22 2690 or while the defendant is transferred to a community facility
23 pursuant to Section 3416, 6253, or 6263, or while the defendant
24 is on furlough pursuant to Section 6254, the defendant shall be
25 subject to the full enhancements provided for in this section.
26 (2) This subdivision does not apply when a full, separate, and
27 consecutive term is imposed pursuant to any other law.
28 SEC. 3. Section 1170.125 of the Penal Code is amended to
29 read:
30 1170.125. (a) Notwithstanding Section 2 of Proposition 184,
31 as adopted at the November 8, 1994, General E eet or, statewide
32 general election, for all offenses committed on or after November
33 7, 2012, but before January 1, 2024, all references to existing
34 statutes in Sections 1170.12 and 1170.126 are to those sections as
35 they -existed read on November 7, 2012.
36 (b) Notwithstanding Section 2 of Proposition 184, as adopted
37 at the November 8, 1994, statewide general election, for all
38 offenses committed on or after January 1, 2024, all references to
39 existing statutes in Sections 1170.12 and 1]70.126 are to those
40 sections as they read on January 1, 2024.
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I SEC. 4. Section 1192.7 of the Penal Code is amended to read:
2 1192.7. (a) (1) It is the intent of the Legislature that district
3 attorneys prosecute violent sex crimes under statutes that provide
4 sentencing under a "one strike," "three strikes" or habitual sex
5 offender statute instead of engaging in plea bargaining over those
6 offenses.
7 (2) Plea bargaining in any case in which the indictment or
8 information charges any serious felony, any felony in which it is
9 alleged that a firearm was personally used by the defendant, or
10 any offense of driving while under the influence of alcohol, drugs,
11 narcotics, or any other intoxicating substance, or any combination
12 thereof, is prohibited, unless there is insufficient evidence to prove
13 the people's case, or testimony of a material witness cannot be
14 obtained, or a reduction or dismissal would not result in a
15 substantial change in sentence.
16 (3) If the indictment or information charges the defendant with
17 a violent sex crime, as listed in subdivision (c) of Section 667.61,
18 that could be prosecuted under Sections 269, 288.7, subdivisions
19 (b) through (i) of Section 667, Section 667.61, or 667.71, plea
20 bargaining is prohibited unless there is insufficient evidence to
21 prove the people's case, or testimony of a material witness cannot
22 be obtained, or a reduction or dismissal would not result in a
23 substantial change in sentence. At the time of presenting the
24 agreement to the court, the district attorney shall state on the record
25 why a sentence under one of those sections was not sought.
26 (b) As used in this section "plea bargaining" means any
27 bargaining, negotiation, or discussion between a criminal
28 defendant, or their counsel, and a prosecuting attorney
29 or judge, whereby the defendant agrees to plead guilty or nolo
30 contendere, in exchange for any promises, commitments,
31 concessions, assurances, or consideration by the prosecuting
32 attorney or judge relating to any charge against the defendant or
33 to the sentencing of the defendant.
34 (c) As used in this section, "serious felony" means any of the
35 following:
36 (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape;
37 (4) sodomy by force, violence, duress, menace, threat of great
38 bodily injury, or fear of immediate and unlawful bodily injury on
39 the victim or another person; (5) oral copulation by force, violence,
40 duress, menace, threat of great bodily injury, or fear of immediate
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1 and unlawful bodily injury on the victim or another person; (6)
2 lewd or lascivious act on a child under 14 years of age; (7) any
3 felony punishable by death or imprisonment in the state prison for
4 life; (8) any felony in which the defendant personally inflicts great
5 bodily injury on any person, other than an accomplice, or any
6 felony in which the defendant personally uses a firearm; (9)
7 attempted murder; (10) assault with intent to commit rape or
8 robbery; (11) assault with a deadly weapon or instrument on a
9 peace officer; (12) assault by a life prisoner on a noninmate; (13)
10 assault with a deadly weapon by an inmate; (14) arson; (15)
11 exploding a destructive device or any explosive with intent to
12 injure; (16) exploding a destructive device or any explosive causing
13 bodily injury, great bodily injury, or mayhem; (17) exploding a
14 destructive device or any explosive with intent to murder; (18) any
15 burglary of the first degree; (19) robbery or bank robbery; (20)
16 kidnapping; (21) holding of a hostage by a person confined in a
17 state prison; (22) attempt to commit a felony punishable by death
18 or imprisonment in the state prison for life; (23) any felony in
19 which the defendant personally used a dangerous or deadly weapon;
20 (24) selling, furnishing, administering, giving, or offering to sell,
21 furnish, administer, or give to a minor any heroin, cocaine,
22 phencyclidine (PCP), or any methamphetamine-related drug, as
23 described in paragraph (2) of subdivision (d) of Section 11055 of
24 the Health and Safety Code, or any of the precursors of
25 methamphetamines, as described in subparagraph (A) of paragraph
26 (1) of subdivision (f) of Section 11055 or subdivision (a) of Section
27 11100 of the Health and Safety Code; (25) any violation of
28 subdivision (a) of Section 289 where the act is accomplished
29 against the victim's will by force, violence, duress, menace, or
30 fear of immediate and unlawful bodily injury on the victim or
31 another person; (26) grand theft involving a firearm; (27)
32 carjacking; (28) any felony offense, which would also constitute
33 a felony violation of Section 186.22; (29) assault with the intent
34 to commit mayhem, rape, sodomy, or oral copulation, in violation
35 of Section 220; (30) throwing acid or flammable substances, in
36 violation of Section 244; (31) assault with a deadly weapon,
37 firearm, machinegun, assault weapon, or semiautomatic firearm
38 or assault on a peace officer or firefighter, in violation of Section
39 245; (32) assault with a deadly weapon against a public transit
40 employee, custodial officer, or school employee, in violation of
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1 Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an
2 inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
3 (34) commission of rape or sexual penetration in concert with
4 another person, in violation of Section 264.1; (35) continuous
5 sexual abuse of a child, in violation of Section 288.5; (36) shooting
6 from a vehicle, in violation of subdivision (c) or (d) of Section
7 26100; (37) intimidation of victims or witnesses, in violation of
8 Section 136.1; (38) criminal threats, in violation of Section 422;
9 (39) any attempt to commit a crime listed in this subdivision other
10 than an assault; (40) any violation of Section 12022.53; (41) a
11 violation of subdivision (b) or (c) of Section 11418; (42) human
12 trafficking, in violation of Section 236.1; ands) (43) any
13 conspiracy to commit an offense described in this subdivision.
14 (d) As used in this section, "bank robbery" means to take or
15 attempt to take, by force or violence, or by intimidation from the
16 person or presence of another any property or money or any other
17 thing of value belonging to, or in the care, custody, control,
18 management, or possession of, any bank, credit union, or any
19 savings and loan association.
20 As used in this subdivision, the following terms have the
21 following meanings:
22 (1) `Bank" means any member of the Federal Reserve System,
23 and any bank, banking association, trust company, savings bank,
24 or other banking institution organized or operating under the laws
25 of the United States, and any bank the deposits of which are insured
26 by the Federal Deposit Insurance Corporation.
27 (2) "Savings and loan association" means any federal savings
28 and loan association and any "insured institution" as defined in
29 Section 401 of the National Housing Act, as amended, and any
30 federal credit union as defined in Section 2 of the Federal Credit
31 Union Act.
32 (3) "Credit union" means any federal credit union and any
33 state -chartered credit union the accounts of which are insured by
34 the Administrator of the National Credit Union administration.
35 (e) The provisions of this section shall not be amended by the
36 Legislature except by statute passed in each house by rollcall vote
37 entered in the journal, two-thirds of the membership concurring,
38 or by a statute that becomes effective only when approved by the
39 electors.
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1 SEC. 5. No reimbursement is required by this act pursuant to
2 Section 6 of Article XIIIB of the California Constitution because
3 the only costs that may be incurred by a local agency or school
4 district will be incurred because this act creates a new crime or
5 infraction, eliminates a crime or infraction, or changes the penalty
6 for a crime or infraction, within the meaning of Section 17556 of
7 the Government Code, or changes the definition of a crime within
8 the meaning of Section 6 of Article XIII B of the California
9 Constitution.
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SENATE BILL
Introduced by Senator Wilk
February 14, 2023
No. 489
An act to amend Section 350 of the Family Code, relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 489, as introduced, Wilk. Marriage licenses.
Existing law requires parties, before entering a marriage or declaring
a marriage, as specified, to first obtain a marriage license from the
county clerk.
This bill would authorize a city official to issue marriage licenses.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 350 of the Family Code is amended to
2 read:
3 350. (a) Before entering a marriage, or declaring a marriage
4 pursuant to Section 425,4re parties shall first obtain a marriage
5 license from a county clerk.
6 (b) If a marriage is to be entered into pursuant to subdivision
7 (b) of Section 420, the attorney -in -fact shall appear before the
8 county-eferlf clerk, as prescribed in subdivision (a), on behalf of
9 the parry who is overseas, as preseribed itt subdivision (a).
10 overseas.
11 (c) Notwithstanding the requirement that parties obtain a
12 marriage license from a county clerk as prescribed in subdivision
13 (a), parties may obtain a marriage license from a city official
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1 before entering a marriage or declaring a marriage pursuant to
2 Section 425.
I
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