HomeMy WebLinkAbout2008-10-14 - AGENDA REPORTS - PROPOSITION 6 (2)J
Agenda Item: 42"
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by:
DATE: October 14, 2008
SUBJECT: PROPOSITION 6
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
City Council adopt a resolution supporting the passage of Proposition 6, referred to as the "Safe
Neighborhoods Act: Stop Gang, Gun, and Street Crime" as appearing on the November 2008
ballot.
BACKGROUND
The state and local governments share responsibility for operating and funding various parts of
California's criminal justice system. Generally, the state funds and operates prisons, parole, and
the courts while local governments are responsible for community" law enforcement, such as
police, sheriff, and criminal prosecutions. Proposition 6 makes several changes to current laws
relating to California's criminal justice system.
Proposition 6, also known as the "Safe Neighborhoods Act: Stop Gang, Gun, and Street Crime,"
is a statutory initiative that will appear on the November 2008 ballot. Proposition 6 is a
comprehensive criminal penalty and public safety funding initiative that places additional
penalties on felons and criminal street gangs with guns, drug dealers with focused penalties, and
provides and protects funding for local police, sheriffs, and prosecutors. It also increases public
accountability for gang intervention and prevention programs. The goal of this initiative is to
reform California's current criminal justice system to decrease crime throughout the state, and
eliminate ineffective criminal justice programs.
More specifically, Proposition 6 will make significant changes to the following:
• Creates an early intervention accountability commission to evaluate early intervention and
rehabilitation programs for gangs to emphasize what programs are effectively spending
public funds, and eliminate programs that are not effectively utilizing tax payer dollars;
Adopted: -LI/
• Prohibit bail to illegal aliens who are charged with violent or gang crimes;
• Heighten penalties for gang offenders who commit violent crimes, gang -related graffiti, and
car theft;
• Heighten penalties for methamphetamine distribution and sale;
• Require convicted gang offenders to register with local law enforcement each year for five
years following conviction or their release from custody;
• Enforce Section 8 compliance, and therefore revoking public housing benefits from an
individual who is caught buying or selling drugs, who is involved in gang activity, or is
illegally in possession of firearms;
• Protect victims by increasing penalties for gang recruitment of juveniles, and strengthen the
Department of Justice Witness Protection Program;
• Expand community-based policing and ensure adequate levels of funding for local police,
sheriffs, district attorneys and probation officers.
Under the current California criminal justice system, a total of $600 million is allotted to state,
county, and city criminal justice programs. If passed, Proposition 6 requires state spending of at
least $965 million for specified criminal justice programs beginning Fiscal Year 2009-10. This
amount reflects an increase in funding of $365 million compared to the amount provided in the
current fiscal year. If passed, the distribution of funds between the state, counties, and cities will
need to be determined.
In addition to the increase in funding for California's criminal justice system, Proposition 6
prohibits reduction or alternation by the Legislature of virtually all state funded law enforcement
programs at their 2007 program design and funding levels, but will allow for annual inflationary
growth.
The City of Santa Clarita receives funding under the Citizens' Option for Public Safety Program
(COPS), which will be affected by the proposed changes in Proposition 6. In Fiscal Year
2008-09 the City of Santa Clarita was allocated $281,893 for the Citizens' Option for Public
Safety Program. The impact on the COPS program in future years is undetermined, however, it
can be forecasted that with additional funds, the program and the City may receive additional
funding.
Authors of Proposition 6 include Senator George Runner and Assemblywoman Sharon Runner,
both of whom were responsible for authoring Jessica's law. Proposition 6 is also supported by
Los Angeles County Sheriff Lee Baca.
ALTERNATIVE ACTIONS
1. Oppose Proposition 6.
2. Take no position on Proposition 6.
3. Other action as determined by the City Council.
FISCAL IMPACT
Implementation of the recommended action requires no additional resources beyond those
contained in the Fiscal Year 2008-09 adopted City budget. The additional revenue to be received
by City of Santa Clarita if Proposition 6 is approved by the voters is undetermined at this time.
ATTACHMENTS
Resolution
Proposition 6
RESOLUTION 08-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
SUPPORTING THE SAFE NEIGHBORHOODS ACT
WHEREAS, government has no higher purpose or more challenging mandate than
the protection of our families and our neighborhoods from crime; and
WHEREAS, despite limited resources and lack of a comprehensive statewide plan to
address criminal activity, California's law enforcement community has done a remarkable job of
suppressing crime in recent years; and
WHEREAS, while between 1999 and 2006 the national homicide rate declined, our
state's murder rate increased, accounting for almost 500 more deaths per year and propelling
California from 19th to 10th worst among the states. During the same period of time California
vehicle thefts increased by over 40% totaling more than Texas, Florida, New York, and
Pennsylvania combined; and
WHEREAS, street gangs are largely responsible for increases in California
homicides in recent years; and
WHEREAS, the proliferation of methamphetamine has created a multitude of crime
problems driving recent increases in vehicle and identity theft; and
WHEREAS, statewide leadership is necessary to link local enforcement agencies
through statewide networks that share information on gangs, sex offenders, stolen vehicles, DNA
profiles, and criminal histories; and
WHEREAS, the Safe Neighborhoods Act is a comprehensive criminal penalty and
public safety funding initiative that targets criminal street gangs, felons with guns, and drug
dealers with focused penalties, and provides sustainable funding to our local police, sheriffs, and
prosecutors. It also increases public accountability for gang intervention and prevention
programs.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
support Proposition 6 to allow the People of California to achieve a more balanced and
sustainable statewide public safety plan by enacting the "Safe Neighborhoods Act: Stop Gang,
Gun and Street Crime."
SECTION 1. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this *;* day of ******, 2008.
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA)
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the day of*�*****, 2008, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
3
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution 08-` adopted by the City Council of the City of
Santa Clarita, California on �`*****�, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
, 2008.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
11
TEXT OF PROPOSED LAWS
Constitution, nor to diminish the actual state and local support for K-14
schools required by law, except as authorized by the Constitution.
SEC. 56. Conflicting Ballot Measures.
In the event that this measure relating to protecting our communities by
providing rehabilitation programs and drug treatment for youth and nonviolent
offenders, and any other criminal justice measure or measures that do not
provide rehabilitation to inmates being released into society, are approved by
a majority of voters at the sante election, and this measure regarding
rehabilitation of nonviolent offenders receives a greater number of affirmative
votes than any other such measure or measures, this measure shall control in
its entirety and conflicting provisions in the other measure or measures shall
be void and without legal effect, If this measure regarding rehabilitation of
youth and nonviolent offenders is approved but does not receive a greater
number of affirmative votes than said other measure or measures, this measure
shall take effect to the extent permitted by law.
SEC. 57 Severability.
If any provision of this act or the application thereof to any person or
circumstances is held invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect other provisions or applications of this
initiative which can be given effect without the invalid or unconstitutional
provision or application, and to this end the provisions of this initiative are
severable.
PROPOSITION 6
This initiative measure is submitted to the people to accordance with the
provisions of Section 8 of Article II of the California Constitution.
This initiative measure amends and adds sections to various codes;
therefore, existing provisions proposed to be deleted are printed in strikeout
type and new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SECTION 1. TITLE
This act shall be known, and may be cited as, the "Safe Neighborhoods Act:
Stop Gang, Gun, and Street Crime."
SEC, 2. FINDINGS AND DECLARATIONS
(a) The people of the State of California find and declare that state
government has no higher purpose or more challenging mandate than the
protection of our families and our neighborhoods from crime.
(b) Almost every citizen has been, or knows someone who has been,
victimized by crime.
(c) Although crime rates have fallen substantially since the early 1990s,
there have been some disturbing increases in the last few years in several
categories of crime According to the Federal Bureau of Investigation, there
were 477 more homicides in California in 2006 than there were in 1999, a
period during which homicides and homicide rates declined in many other
states. In addition, the California Department of Justice has reported that there
were 74,000 more vehicle thefts in 2006 than in 1999 and that the number of
robberies in our state jumped by over 7,500 between 2005 and 2006. More
needs to be done to reduce crime and keep our communities safe.
(d) Gangs are a large part of the reason why California has not fared as well
as many other states in recent years in terms of decreasing crime rates Street
gangs are largely responsible for increases in California homicides in recent
years. Many gangs involve juveniles.
(e) Previously convicted felons and gang members commit the vast majority
of gun crimes, including the killing of peace officers. Gangs have compromised
our criminal justice system, routinely threatening and assaulting victims,
witnesses, and even judges It is essential that state laws and resources target
these types of offenders.
(f) The proliferation of methamphetamine has created a multitude of crime
problems, driving recent increases in vehicle and identity theft. Now the illegal
drug of choice, methamphetamine is often sold by street gangs and, unlike
malty other drugs, is produced here in California. The effects of the drug are
devastating on users and communities where its use is widespread.
(g) Our state adds several hundred thousand people to its population each
year and,must commit resources necessary to support increasing demands on
criminal justice personnel and infrastructure California's law enforcement
personnel, programs, technology, and infrastructure have not kept pace. In
fact, the resources available to California law enforcement agencies are
generally not as great as those found in communities in other states. According
106 1 Text of Proposed Laws
(PROPOSITION 5 CONTINUED)
to the U.S. Department of Justice, in 2004, 35 states had more sworn officers
per 100,000 residents than California.
(h) Unfortunately, our Legislature has failed to address these problems in a
comprehensive way. Programs to prevent crime and rehabilitate offenders are
inadequate and unaccountable to the public. Penalties for certain crimes are
not severe enough to deter. Enforcement efforts and deterrence programs that
do work are often so erratically funded they cannot be sustained. Victims of
crime are not afforded adequate information, protection, and support in the
criminal justice system In 2007, the State Senate abdicated its responsibility
altogether, refusing to pass legislation that enhances criminal penalties.
(i) These conditions are unacceptable. Californians have used their
constitutionally reserved power of initiative to enact comprehensive criminal
justice reform in the past and it is time for us to do so again. Early intervention
reduces crime and gang activity. Tougher criminal penalties reduce the number
of crime victims.
SEC. 3 STATEMENT OF PURPOSE
In order to make our neighborhoods safe and reduce the number of crime
victims, the people of the State of California hereby enact a comprehensive
reform of our criminal justice laws in order to:
(a) Improve programs to prevent crimes,
(b) Enhance public involvement and public accountability;
(c) Increase punishment to incapacitate criminals and deter crime;
(d) Protect victims of crimes from abuse and ensure that they are treated
with dignity at all stages of the criminal justice process; and
(e) Provide supplemental and sustainable funding for law enforcement,
crime prevention, and victim programs.
SEC. 4. INTERVENTION
SEC. 4.1. Title 12.6 (commencing with Section 14260) is added to Part 4
of the Penal Code, to read:
TITLE 126 OFFICE OF PUBLIC SAFETY EDUCATION AND
INFORMATION
14260. (a) There is hereby established the Office of Public Safety
Education and Information.
(b) The primary objectives of the office are to deter crime, support crime
victims, encourage public cooperation with law enforcement, and administer
grant progr ams that pursue these goals, These objectives shall be met in par 1
through public service announcements disseminated by the most e]ficient
means including television, radio, the Internet, and the office's own Web site.
(c) Public disclosures shall include, but not be limited to, information
regarding the following themes and state laws "Use a Gun and You're Done,"
"Three Strikes," and ':Iessica's Low" 117 addition, disclosures will incorporate
comparative crime rates by specific offense, including homicide, rape, robbery,
burglary, and vehicle theft; Incarceration rates; and prison demographics that
explain by offense the makeup of inmate population Comparative information
regarding crime and criminal justice resources may include year-to-year as
well as slate -to -state comparisons. Public disclosures shall also include the
relative efficacy ofprograms to deter, educate, and rehabilitate, including, but
not limited to, the disclosure of recidivism rates and subsequent arrests and
convictions
(d) The office shall maintain a publicly accessible Web sire that shall include
at least three discretefeatures.
(1) A public safety information page that shall include general information
regarding the criminal justice system, cuirent crime activity, safely advice,
statistics, changes in the law, and links to related Web sties, including the
California Department ofJuslice and the Federal Bureau oflnvesirgation
(2) A statewide neighborhood watch page, known as "Cal Watch, "providing
informational.stipport for and linking with local r7eighborhood watch programs
and assisting communities, sheriffs, and police departments wishing to create
new neighborhood watch programs.
(3) A crime victim information and support page shall link state and local
programs that assist victims through the criminal justice piocess and provide
services and reimbursement, including medical expenses, rape counseling,
lost wages, and victim -paid rewards.
(e) The sum of twelve million five hundred thousand dollars ($12,500,000)
is hereby appropriated from the General Fund to the Office of Public Safety
Education and Information for the 3009—I0fiscal year and annually thereafter,
adjusted for cost oft ving changes pursuant to the California Consumer Price
Index, for the purpose of augmenting resources of district attorneys and law
enforcement agencies employed to assist victims or comply with victim
notification requirements under the California Constitution or consistent
statutory measures
TEXT OF PROPOSED LAWS
(1) Twentyper cent of the amount annually appropriated shall be distributed
on a pro rata basis to participating county sheriffs' departments which
maintain the Victim Information and Notification Everyday (VINE) program.
(2) Eighty percent of the amount annually appropriated shall support grant
programs awarded to counlydistrict attorneys, sheriffs, andpolice departments
in order to disseminate victim rights information and to assist victims ofcrime
in gaining access to protective services, counseling, and loss reimbursement.
Specific program and grant application requirements shall be promulgated by
the office no later than March 30, 2009, and may be amended periodically.
Applicant agencies may apply no later than June 15 preceding the fiscal year
during which grant funds are sought
(n The Governor shall appoint an executive officer and staff, as reasonably
necessary to implement the won k of the office.
(g) The office shall work with state, local, and feder at agencies to maximize
public safety resources, secure malching funds, eliminate duplicative efforts,
and help craft better public safery policies and practices.
SEC 4 2. Section 13921 is added to the Government Code, to read:
13921 (a) There is hereby established the California Early Intervention,
Rehabilitation, and Accountability Commission for the purpose of evaluating
publicly funded programs designed to deter crime through early intervention,
or reduce recidivism through rehabilitation, and to disclose those findings to
the public The commission shall adhere to the principle that limited public
resources are best directed to programs that help limit incarceration through
deter rence and focused rehabilitation rather than early release without
meaningful accountability
(b) The commission's long-term goal is to help identify and productively
intervene with at-riskpopulations prior to incorcei ation, and, for those subject
to incarceration, to identify programs and offenders with the greatest
rehabilitative potential, so the most successful programs can be replicated.
(c) The commission is authorized to propose standards ofaccountabilayfor
publicly funded program providers and parlicipants, make recommendations
to continue, supplement, or decrease funding, and highlight favorable or
unfavoi able elements of the programs reviewed.
(d) The commission shall report annually to the Joint Legislative Audit
Committee and the Governor regarding the expenditures and efficacy of
publicly funded programs.
(e) All publicly funded early intervention programs shall have a clearly
defined al -risk tar get population and identify parlicipants so that participants'
subsequent ci iminal involvement, Jany, can be compared to similar ly situated
control groups.
(f) All puiblicly funded rehabilitation programs involving criminal offenders,
includinSluvendes, shall be designed to help create a plan for the offenders'
successful integration or reintegration into the community. Accordingly, all
such programs shall have clearly defined goals and require the offender to
develop skills io frrid employment, locate housing, overcome addiction, and/or
develop a plan with the potential for successful reintegration
(g) All recipient programs, including those directed toward early
intervention and education, shall file an annual statement with the commission
detailing staffing, curriculum, and program participation. Copies of annual
statements to othergranting authorities will besrifficient unless the commission
r equires additional information.
(h) The commission shall be comprised of nine members, consisting ofthree
appointees of the Governor, including the chair; two Members of the Senate,
one appointed by the Rules Committee and one by the Minority Leader; two
Members of the State Assembly, one appointed by the Speaker and one by the
Minor ity Leader; a retired judge appointed by the Chief Justice of the
California Supreme Court, and the Attorney General or his or her designee
The members of the commission shall not receive compensation, but shall be
reimbursed only for reasonable commission -related expenses.
(i) The Governorsholl appoint an executive officer, who shall hire necessary
staff to conduct research and administer to the commission, including st4'10
conduct periodic or random audits ofalipubliclyfunded programs, subject to
budgetary limitations of the commission.
(I) Every early intervention or rehabilitation pi ogromfiinded in whole or in
part with public funds shall make its physical facilities and financial records
available to the commission as a condition ofpublic funding
(k) The commission may evaluate any early intervention, education, or
rehabilitation program,Iuvenile at- adult, public orprrvate, for the purposes of
comparative study.
SEC. 4 3 Section 749 22 ofthe Welfare and Institutions Code is amended
to read -
749 22. To be eligible for this grant, each county shall be required to
(PROPOSITION 6 CONTINUED)
establish a multiagency juvenile justice coordinating council that shall develop
and implement a continuum of county -based responses to juvenile crime The
coordinating councils shall-,at-rmrrimw , include the chrefprobation officer,
as chair, and one representative each from the district attorney's office, the
public defender's office, the sheriff's department, the board of supervisors, the
department of social services, the department of mental health a com ii—itp-
a city police department, the county office of
education or a school district, and an at-laige community iepiesefitative. In
aliall also ine! s from nonprofit connnuntiy based
Orl;221 a.1.0118 131 inom. The botird oFsupe. visors shall be
ecanerl The coordinating councils shall develop a comprehensive, multiagency
plan that identifies the resources and strategies for providing an effective
continuum of responses for the prevention, intervention, supervision,
treatment, and incarceration of male and female juvenile offenders, including
strategies to develop and implement locally based or regionally based out -of -
home placement options for youths who are persons described in Section 602
giants awaided ftoin ftin& meltided in the 095 Budget Act to the extent the
plans addres. juvenile Mine and the juvenile justice systent .. 1-211 action
The plan shall include, but not be
limited to, the following components -
(a) An assessment ofexisting law enforcement, probation, education, mental
health, health, social services, drug and alcohol and youth services resources
which specifically target at -risk juveniles, ,juvenile offenders, and their
families.
(b) An identification and priontization of the neighborhoods, schools, and
other areas in the community that face a significant public safety risk from
juvenile crime, such as gang activity, daylight burglary, }ate night robbery,
vandalism, truancy, controlled substance sales, firearm -related violence, and
juvenile alcohol and drug use within the council's jurisdiction.
(c) A local action plan (LAP) for improving and marshaling the resources
set forth in subdivision (a) to reduce the incidence of juvenile crime and
delinquency in the areas targeted pursuant to subdivision (b) and the greater
community The councils shall prepare their plans to maximize the provision
of collaborative and integrated services of all the resources set forth in
subdivision (a), and shall provide specified strategies for all elements of
response, including prevention, intervention, suppression, and incapacitation,
to provide a continuum for addressing the identified male and female juvenile
crime problem, and strategies to develop and implement locally based or
regionally based out -of -home placement options for youths who are persons
described in Section 602
(d) Develop information and intelligence -sharing systems to ensure that
county actions are fully coordinated, and to provide data for measuring the
success of the grantee in achieving its goals. The plan shall develop goals
related to the outcome measures that shall be used to determine the effectiveness
of the program
(e) Identify outcome measures which shall include, but not be limited to, the
following -
(1) The rate of juvenile arrests in relation to the crime i ate.
(2) The rate of successful completion of probation.
(3) The rate of successful completion of restitution and court-ordered
community service responsibilities
(n No person employed by or representing the interest ofany private entity,
including a charitable nonprofit organization which has received or may
receive grant funding for providing services for juvenile or adult offenders or
at -risk populations, may serve on a coordinating council.
SEC. 4.4. Section 1951 of the Welfare and Institutions Code is amended to
read:
1951. (a) There is hereby established the Youthful Offender Block Grant
Fund
(b) Allocations from the Youthful Offender Block Grant Fund shall be used
to enhance the capacity of county probation, inental health, di ttg-a��
and othm cosmtp departments to provide or secure appropriate rehabilitative
and supervision services to youthful offenders subject to Sections 731.1, 733,
1766, and 1767 35. eounties, in expanding the Youthful eftidC& Block Giant
allulat'", shall FlOvIde Mt! tecessmy se vices elated to the c.stody and
(c) The county of commitment is relieved of obligation for any payment to
the state pursuant to Section 912, 912.1, or 912.5 for each offender who is not
committed to the custody of the state solely pursuant to subdivision (c) of
Text of Proposed Laws 1 107
TEXT OF PROPOSED LAWS (PROPOSITION 6 CONTINUED)
Section 733, and for each offender who is supervised by the county of
commitment pursuant to subdivision (b) of Section 1766 or subdivision (b) of
Section 1767.35. Savings from this provision shall be added to the Youthful
Offender Block Grant Fund and directed to the probation department as
specified in subdivision (b)
(d) There is hereby continuously appropriated from the General Fund
ninety-two million five hundred thousand dollars ($92,500,000) or the amount
in Section 1953, 1954, or 1955, whichever is greater, for the 2009-10 fiscal
year and each year thereafter adjusted for cost of living changes annually
pursuant to the California Consumer Price Index This anrouint shall be
distributed in accordance with the formula in Sectron 1955 to assist counties
for the expense of housing juvenile offenders.
SEC. 4 5. Section 30062.2 is added to the Government Code, to read:
30062 2. (a) There is hereby established the Juvenile Probation Facility
and Supervision Fund.
(b) The sum offrfty mtlhan dollars ($50,000,000) is hereby appropriated
from the General Fund to the Juvenile Probation Facility and Supervision
Furndfor the 2009-10 fiscal year and annually each year thereafter, adjusted
for cost oflrving changespursuant to the California Consumer Price Index, to
be allocated by the Conntr•ollei to counties and deposited in each county's
SLESF in the same i alias authorized under paragraph (1) ofsubdivision (b) of
Section 30061 for juvenile facility repair and renovation, juvenile deferred
eniv of jndgrnent programs, and intensified juvenile or young adult (under
age 25) probation supervision
SEC 5 PROTECTION AND SUPPORT FOR VICTIMS
SEC. 5.1. Section 240 of the Evidence Code is amended to read
240. (a) Except as otherwise provided in subdivision (b), "unavailable as
a witness" means that the declarant is any of the following:
(1) Exempted or precluded on the ground of privilege from testifying
concerning the matter to which his or her statement is relevant.
(2) Disqualified from testifying to the matter.
(3) Dead or unable to attend or to testify at the hearing because of then
existing physical or mental illness or infirmity.
(4) Absent from the hearing and the court is unable to compel his or her
attendance by its process
(5) Absent from the hearing and the proponent of his or her statement has
exercised reasonable diligence but has been unable to procure his or her
attendance by the court's process.
(6) The declarant is present at the hearing and refuses to testify concerning
the subject matter of the declar•arnt's statement despite an orderfroni the court
to do so
(b) A declarant is not unavailable as a witness if the exemption, preclusion,
disqualification, death, inability, or absence of the declarant was brought about
by the procurement or wrongdoing of the proponent of his or her statement for
the purpose of preventing the declarant from attending or testifying
(c) Expert testimony whielr that establishes that physical or mental trauma
resulting from an alleged crime has caused harm to a witness of sufficient
seventy that the witness is physically unable to testify or is unable to testify
without suffering substantial trauma may constitute a sufficient showing of
unavailability pursuant to paragraph (3) of subdivision (a) As used in this
section, the term "expert" means a physician and surgeon, including a
psychiatrist, or any person described by subdivision (b), (c), or (e) of Section
1010.
The introduction of evidence to establish the unavailability of a witness
under this subdivision shall not be deemed procurement of unavailability, in
absence of proof to the contrary
SEC. 5 2. Section 1390 is added to the Evidence Code, to read.
1390 (a) Evidence ofa statement is not made inadmissible by the hearsay
rule if the statement is offered against a party who has engaged or acquiesced
In Intentional criminal wrongdoing that has caused the unavailability of the
declarant as a witness.
(b) (1) The party seeking 10 introduce a statement pursuant to subdivrsion
(a) shall establish, by a preponderance of the evidence, that the elements of
subdivision (a) have been met at a foundational hearing.
(2) Hearsay evidence, including the hearsay evidence that is the subject of
thefoundational hearing, is admissible at theforrrndational hearing. However,
afinding that the elements ofsubdivision (a) have been met shall not be based
solely on the unconfronted hearsay statement of the unavailable declarant,
and shall be supported by independent corroborative evidence.
(3) Thefoundationnal hearing shall be conducted outside thepresence ofthe
jury However, if the hearing is conducted after a jury trial has began, the
judge presiding at the hearing may consider evidence already presented to the
108 1 Text of Proposed Laws
fury in deciding whether the elements ofsubdivision (a) have been met.
(c) If a statement to be admitted pursuant to this section includes a hearsay
statement made by anyone other than the declarant who is unavailable
pursuant to subdivision (a), that other heat -say statement is inadmissible
unless it nneels the requirements of an exception to the hearsay rule.
SEC. 5.3 Section 13921.5 is added to the Government Code, to read.
139215. (a) There is hereby established the Ci Imestopper Reward
Reimbursement Fund to be administered by the board.
(b) Allocations from the Crimestopper Reward Reimbursement Fund shall
be used to provide rermbursementforrewards offered andpoidfor information
in felony cases.
(c) Reimbursement in amounts not to exceed five thousand dollars ($5, 000)
per claim may be paid to eligrble claimants but shall not exceed the actual
reward prod.
(d) Reward reimbursement claims shall be pard upon proof that the
under lying reward was offered and pard fm• evidence that actually led to au rest
or conviction verified by the arresting or prosecuting agency.
(e) Qualified clarnnants for reimbursement include the victim of the
underlying felony or his at- her family, on• a charitable or nonprofit
organization.
(f) The board may set reward limits below the maximum, may set discrete
limits for different crime classifications, may increase the class of eligible
claimants, and shall post its claim procedures and forms on its Website
(g) The Controller. shall transfer ten million dollars ($10,000,000) from the
General Fund to the Crimestopper Reward Reimbursement Fund for the
2009-10 fiscal year.
(h) The Crimestopper Reward Reimbursement Fund shall be annually
augmented by the Controller so that the fund has available the amount of ten
million dollars ($10, 000, 000), adjusted for cost of living annually according to
the California Consumer Price Index
(t) Nothing in this section shall be deemed to preclude or otherwise interfere
with the Governor's power to offer rewards pursuant to Section 1547 of the
Penal Code
SEC 5 4. Section 13974.6 is added to the Government Code, to read-
139746
ead•139746 (a) The Victim Trauma Recovery Fund is hereby created for the
purpose of supporting victim recovery, resource, and treatment programs to
provide comprehensive recovery services to victims of crime.
(b) The board shall select up to five sites to award grants pursuant to this
section The sites shall include, but need not be limited to, all of the following
programmatic components.
(1) Establishment ofa victim recovery, resource, and treatment center
(2) Implementation of a crime scene mobile outreach team to provide
comprehensive intervention and debriefing for children and families
(3) Community-based outreach.
(4) Services to family members and loved ones of homicide victims.
(c) Victim recovery, resource, and treatment programs selected by the
board shall serve populations of crime victims whose needs are not currently
being met, shall be distributed geographically to .serve the slate's population,
andshall include services to all ofthefollowng
(1) Individuals who are not aware of the breadth and range of services
provided to vncltnns of crime.
(2) Individuals residing in communities with limited services.
(3) Individuals who cannot access services due to disability.
(4) Family members and loved ones of homicide victims
(d) The board shall award those grants beginning on July 1, 1009.
(e) The board may retain up to 5 percent of those funds for the purposes of
administering those grants.
SEC 5 S. Section 136.1 of the Penal Code is amended to read:
136.1 (a) Except as provided in subdivision (c), any person who does any
of the following is guilty of a public offense and shall be punished by
imprisonment in a county jail for not more than one year or in the state
prison:
i
(1) Knowingly and maliciously prevents or dissuades any witness or victim
from attending or giving testimony at any trial, proceeding, or inquiry
authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any witness
or victim from attending or giving testimony at any trial, proceeding, or
inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was a family
member who interceded in an effort to protect the witness or victim shall
create a presumption that the act was without malice.
(b) Except as provided in subdivision (c), every person who attempts to
TEXT OF PROPOSED LAWS
prevent or dissuade another person who has been the victim of a crime or who
is witness to a crime from doing any of the following is guilty of a public
offense and shall be punished by imprisonment in a county Jail for not more
than one year or in the state prison:
(1) Making any report of that victimization to any peace officer or state or
local law enforcement officer or probation or parole or correctional officer or
prosecuting agency or to any Judge
(2) Causing a complaint, indictment, information, probation or parole
violation to be sought and prosecuted, and assisting in the prosecution
thereof.
(3) Arresting or causing or seeking the arrest of any person in connection
with that victimization.
(c) Every person doing any of the acts described in subdivision (a) or (b)
knowingly and maliciously under any one or more of the following
circumstances, is guilty of a felony punishable by imprisonment in the state
prison for two, three, or four years under any of the following circumstances:
(1) Where the act is accompanied by force or by an express or implied threat
of force or violence, upon a witness or victim or any third person or the
property of any victim, witness, or any third person.
(2) Where the act is in furtherance of a conspiracy
(3) Where the act is committed by any person who has been convicted of
any violation of this section, any predecessor law hereto or any federal statute
or statute of any other state which, if the act prosecuted was committed in this
state, would be a violation of this section
(4) Where the act is committed by any person for pecuniary gain or for any
other consideration acting upon the request of any other person All parties to
such a transaction are guilty of a felony
(d) Any person who, by meats of force or by express or implied threat of
force or violence, attempts to pi event or dissuade a)udge, juror, prosecutor,
public defender, or peace officerfrom participating in the arrest, prosecution,
trial, w• impartial judgment of any criminal suspect is guilty of a felony
punishable by Imprisonment in the state prison for two, three, on four years.
(e) Any person who, by means offorce or by express or implied threat of
force or violence, attempts to prevent or dissitode any person front fling,
authorizing, or Implementing a gang Injunction or nuisance abatementprocess
in response to gang, drug, or other organized criminal activity, or front
inspecting premises where such activities occur, shall be guilty of a felony
punishable by inipi isonrnent in the stale prison for two, three, orfow years
ifi Any pet son who, by means of force on• by express on• implied threat of
force on violence, attempts to retaliate against any person who lawfully
participated in any criminal or civil process protected pursuant to subdivision
(a), (b), (d), or (e) shall be guilty ofafelorry punishable by imprisonment in the
state prison for two, three, or four years.
(d) (g) Every person attempting the commission of any act described in
subdivisions (a), (b), and (c), and (d) is guilty of the offense attempted without
regard to successor failure of the attempt The fact that no person was injured
physically, or in fact intimidated, shall be no defense against any prosecution
under this section.
(e) (h) Nothing in this section precludes the imposition of an enhancement
for great bodily injury where the injury inflicted is significant or substantial.
(f) (i) The use of force during the commission of any offense described in
subdivision (c) shall be considered a circumstance in aggravation of the crime
in imposing a term of imprisonment under subdivision (b) of Section 1170.
SEC. 5.6. Section 11166 6 is added to the Penal Code, to read.
11166 6 (a) Each county may establish child advocacy centers to
coordinate the activities of the various agencies involved in the investigation
and prosecution of alleged child abuse, including those that provide medical
sen vices and follow-up treatment to victims of child abuse. The purpose of
these centers is to protect victims of child abuse by minimizing traumatizing
Interviews through the coordination of efforts of district attorneys, child
welfare social workers, law enforcement, and medical personnel, among
others, and to assist prosecution by reducing the chances of conflicting at-
inaccurate
rinaccurate information by asking age-appropriate questions to help procure
information that is admissible in court
(b) (1) Member- agencies of the child advocacy center shall, at a minimum,
consist of a representative from the district attorney's office, the sheriff'
department, a police department, and child protective services, and may
include medical and mental health professionals.
(2) Meinnbens of the local child advocacy center shall be trained to conduct
child forensic interviews. The training shall include instruction in risk
assessment, the dynamics of child abuse, including the abuse of children with
special needs, child sexual abuse and rape of children, and legally sound and
(PROPOSITION 6 CONTINUED)
age-appropriate interview and investigation techniques.
(c) The Child Advocacy Center Fund is hereby created for the purpose of
supporting child advocacy centers. Money appropriatedfrom thefundshall be
made available through the Office of Emergency Services to any public or
private nonprofit agency for the establishment or maintenance, at, both, of
child advocacy centers that provide comprehensive child advocacy ser vices,
as specified in this section
SEC. 5 7. Section 1464 of the Penal Code is amended to read.
1464. (a) (1) The people of the State of California find and declare that
street crime, through its prevalence and brutality, creates numerous victims
who require ,support and services that are best obtained from experienced
providers. Further, because the funds allocated io the Driver Training Penalty
Assessment Fund are no longer usedfor theiroriginral pun pose, itis appropriate
to redirect those funds, which are generated by cruninal penalty assessments,
to victim services and law enforcement training programs.
(3) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the
Government Code, and except as otherwise provided in this section, there
shall be levied a state penalty in the amount often dollars ($10) for every ten
dollars ($10), or part often dollars ($10), upon every fine, penalty, or forfeiture
imposed and collected by the courts for all criminal offenses, including all
offenses, except parking offenses as defined in subdivision (i) of Section 1463,
involving a violation of a section of the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code,
(2) (3) Any bail schedule adopted pursuant to Section 1269b or bail schedule
adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code
may include the necessary amount to pay the penalties established by this
section and Chapter 12 (commencing with Section 76000) of Title 8 of the
Government Code, and the surcharge authorized by Section 1465 7, for all
matters where a personal appearance is not mandatory and the bail is posted
primarily to guarantee payment of the fine.
(3) (4) The penalty imposed by this section does not apply to the
following:
(A) Any restitution fine.
(B) Any penalty authorized by Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code.
(C) Any parking offense subject to Article 3 (commencing with Section
40200) of Chapter I of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7.
(b) Where multiple offenses are involved, the state penalty shall be based
upon the total fine or bail for each case When a fine is suspended, in whole or
in part, the state penalty shall be reduced in proportion to the suspension
(c) When any deposited bail is made for an offense to which this section
applies, and for which a court appearance is not mandatory, the person making
the deposit shall also deposit a sufficient amount to include the state penalty
prescribed by this section for forfeited bail Ifbail is returned, the state penalty
paid thereon pursuant to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which this
section applies, is in prison until the fine is satisfied, the judge may waive all
or any part of the state penalty, the payment of which would work a hardship
on the person convicted or his or her immediate family.
(e) After a determination by the court of the amount due, the clerk of the
court shall collect the penalty and transmit it to the county treasury. The
portion thereof attributable to Chapter 12 (commencing with Section 76000)
of Title 8 of the Government Code shall be deposited in the appropriate county
fund and 70 percent of the balance shall then be transmitted to the State
Treasury, to be deposited in the State Penally Fund, which is hereby created,
and 30 percent to remain on deposit in the -county general fund. The
transmission to the State Treasury shall be carried out in the same manner as
fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be distributed
as follows;
(1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0 33 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month, except that
the total amount shall not be less than the state penalty levied on fines or
forfeitures for violation of state laws relating to the protection or propagation
of fish and game These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the objectives of
the Department of Fish and Game
(2) Once a month there shall be transferred into the Restitution Fund an
amount equal to 33-62 30 21 percent of the state penalty funds deposited in the
State Penalty Fund during the preceding month. Those funds shall be made
Text of Proposed Laws 1 109
TEXT OF PROPOSED LAWS
available in accordance with Section 13967 of the Government Code.
(3) Once a month there shall be transferred into the Peace Officers' Training
Fund an amount equal to 33 99 32.44 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month
(4) Once a month there shall be transferred into the Driver Training Penalty
Assessment Fund an amount equal to 35.7B 0 67 percent of the stale penalty
funds deposited in the State Penalty Fund during the preceding month
(5) Once a month there shall be transferred into the Corrections Training
Fund an amount equal to X8813.80 percent ofthe state penalty funds deposited
in the State Penalty Fund during the preceding month. Money in the Corrections
Training Fund is not continuously appropriated and shall be appropriated in
the Budget Act
(6) Once a month there shall be transferred into the Local Public Prosecutors
and Public Defenders Training Fund established pursuant to Section 11503 an
amount equal to 038 1.25 percent of the state penalty funds deposited in the
State Penalty Fund during the preceding month Tile a -Milt 30 h2tJrSf0L1C
shali not .... ed the sum oFmght handred fifty thousand dollars ($850,060) in
any Fiscal yen. The, e ... ainde, m excess oFeight bandied Fifty thousand dollars
(S 850,900) shall be E, ansfet red to the Rest.tution Fand.
(7) Once a month there shall be transferred into the Victim -Witness
Assistance Fund an amount equal to 8-64 16 94 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month
(8) (A) Once a month there shall be transferred into the Traumatic Brain
injury Fund, created pursuant'to Section 4358 of the Welfare and Institutions
Code, an amount equal to 0.66 percent of the state penalty funds deposited into
the State Penalty Fund during the preceding month. However, the amount of
funds transferred into the Traumatic Brain Injury Fund for the 1996-97 fiscal
year shall not exceed the amount of five hundred thousand dollars ($500,000).
Thereafter, funds shall be transferred pursuant to the requirements of this
section Notwithstanding any other provision of law, the funds transferred into
the Traumatic Brain Injury Fund for the 1997-98, 1998-99, and 1999-2000
fiscal years, may be expended by the State Department of Mental Health, in
the current fiscal year or a subsequent fiscal year, to provide additional funding
to the existing projects funded by the Traumatic Brain Injury Fund, to support
new projects, or to do both
(B) Any moneys deposited in the State Penalty Fund attributable to the
assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle
Code on or after the date that Chapter 6.6 (commencing with Section 5564) of
Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be
utilized in accordance with paragraphs (1) to (8), inclusive, of this
subdivision.
(9) Once a month thereshall be transferred into the Victim Trauma Recovery
Fund createdpursuant to subdivision (a) of Section 13974 6ofthe Government
Code an amount equal to 1.81 percent of the state penalty funds deposited into
the State Penalty Fund during the preceding month
(10) Once a month there shall be transferred into the Child Advocacy Center
Fund ci eated pursuant to subdivision (c) of Section 11166.6 an amount equal
to 1 89 percent of the state penalty funds deposited into the State Penalty Fund
during the preceding month
SEC 5 8 Section 14027 of the Penal Code is amended to read.
14027. The Attorney General shall issue appropriate guidelines and may
adopt regulations to implement this title. These guidelines shall include:
(a) A process whereby state and local agencies shall applyfor reimbursement
of the costs of providing witness protection services
(b) fci5-pe—nt An appropriate level for the match that shall be mitlircd of
made by local agencies. The Attorney General may also establish a process
through which to waive the required local match when appropriate
SEC. 6. GANG AND STREET CRIME PENALTIES
SEC. 6.1. Section 594 of the Penal Code is amended to read.
594 (a) Every person who maliciously commits any of the following acts
with respect to any real or personal property not his or her own, in cases other
than those specified by state law, is guilty of vandalism -
(1) Defaces with graffiti or other inscribed material
(2) Damages.
(3) Destroys
Whenever a person violates this subdivision with respect to real property,
vehicles, signs, fixtures, furnishings, or property belonging to any public
entity, as defined by Section 811,2 of the Government Code, or the federal
government, it shall be a permissive inference that the person neither owned
the property nor had the permission of the owner to deface, damage, or destroy
the property.
(b) (1) If the amount of defacement, damage, or destruction is four hundred
110 1 Text of Proposed Laws
(PROPOSITION 6 CONTINUED)
dollars ($400) or more, vandalism is punishable by imprisonment in the state
prison or in a county jail not exceeding one year, or by a fine of not more than
ten thousand dollars (S10,000), or if the amount of defacement, damage, or
destruction is ten thousand dollars ($10,000) or more, by a fine of not more
than fifty thousand dollars ($50,000), or by both that fine and imprisonment
(2) (A) If the amount of defacement, damage, or destruction is less than four
hundred dollars ($400), vandalism is punishable by imprisonment in a county
jail not exceeding one year, or by a fine of not more than one thousand dollars
($1,000), or by both that fine and imprisonment.
(B) If the amount of defacement, damage, or destruction is less than four
hundred dollars ($400), and the defendant has been previously convicted of
vandalism or affixing graffiti or other inscribed material under Section 594,
594.3, 594 4, 640.5, 640.6, or 640 7, vandalism is punishable by imprisonment
in a county jail for not more than one year, or by a fine of not more than five
thousand dollars ($5,000), or by both that fine and imprisonment.
(3) More than one act of vandalism committed in any consecutive 12 -month
period may be aggregated for the purposes of paragrophs (1) and (2), if the
vandalism was the result of a common scheme, purpose, or plan
(c) Upon conviction of any person under this section for acts of vandalism
consisting of defacing property with graffiti or other inscribed materials, the
court may, in addition to any punishment imposed under subdivision (b), order
the defendant to clean up, repair, or replace the damaged property himself or
herself, or order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year. Participation of a
parent or guardian is not required under this subdivision if the court deems
this participation to be detrimental to the defendant, or if the parent or guardian
is a single parent who must care for young children
(d) If a minor is personally unable to pay a fine levied for acts prohibited by
this section, the parent of that minor shall be liable for payment of the fine. A
court may waive payment of the fine, or any part thereof, by the parent upon a
finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed material"
includes any unauthorized inscription, word, figure, mark, or design, that is
written, marked, etched, scratched, drawn, or painted on real or personal
property
(f) The court may order any person ordered to perform community service
or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo
counseling
(g) This seetion shall beeeme operatrve on january 1, 2092
SEC. 6.2. Section 10851 of the Vehicle Code is amended to read:
10851. (a) Any person who drives or takes a vehicle not his or her own,
without the consent of the owner thereof, and with intent either to permanently
or temporarily deprive the owner thereof of his or her title to or possession of
the vehicle, whether with or without intent to steal the vehicle, or any person
who is a party or an accessory to or an accomplice in the driving or unauthorized
taking or stealing, is guilty of a public offense and, upon conviction thereof,
shall be punished by imprisonment in a countyjail for not more than one year
or in the state prison or by a fine of not more than five thousand dollars
($5,000), or by both the fine and imprisonment
(b) If the vehicle is (1) an ambulance, as defined in subdivision (a) of Section
165, (2) a distinctively marked vehicle of a law enforcement agency or fire
department, taken while the ambulartee oi velnele is an an enief6eney call and
this fact ts knovon to the person dri, ing o. taking, any pe,so i Milo is FaftY
stewing, or (3) a vehicle which has been modified for the use of a disabled
veteran or any other disabled person and which displays a distinguishing
license plate or placard issued pursuant to Section 22511.5 or 22511.9 and this
fact is known or should reasonably have been known to the person driving or
taking, or any person who is party or an accessory in the driving orunautliorized
taking or stealing, the offense is a felony punishable by imprisonment in the
state prison for two, three, or four years or by a fine of not more than ten
thousand dollars ($10,000), or by both the fine and imprisonment.
(c) In any prosecution for a violation of subdivision (a) or (b), the consent of
the owner of a vehicle to its taking or driving shall not in any case be presumed
or implied because of the owner's consent on a previous occasion to the taking
or driving of the vehicle by the same or a different person.
(d) The existence of any fact which makes subdivision (b) applicable shall
be alleged in the accusatory pleading, and either admitted by the defendant in
open court, or found to be true by the trier offoc!
or by ttral by the court sitting without aj ..y
TEXT OF PROPOSED LAWS (PROPOSITION 6 CONTINUED)
(e) Any person who has been convicted of one or more previous felony
violations of this section, or felony grand theft of a vehicle in violation of
subdivision (d) of Section 487 of the Penal Code, former subdivision (3) of
Section 487 of the Penal Code, as that section read prior to being amended by
Section 4 of Chapter 1125 ofthe Statutes of 1993, or Section 487h ofthe Penal
Code, is punishable as set forth in Section 666.5 of the Penal Code. The
existence of any fact that would bring a person under subdivision (1), (g), (h),
(i), or 0), or Section 666.5 ofthe Penal Code shall be alleged in the ikon
orYrtdietrnettt accusatory pleading and either admitted by the defendant in
open court, or found to be true by the trier offacr '
or by the co., t vo hel e gtMt is established by plea of gailty 0. nolo mitendem,
by h in! by the cc lury,
(n A person who violates subdivision (a) as a principal or accessory to the
taking of a vehicle in exchange far consideration or for the purpose ofsale or
transport of the vehicle or its components, in addition to other penalties
prescribed by low, is subject to an additional one year imprisonment in the
slate prison
(g) A person who violates subdivision (a) as a principal or accessory to the
laking of a vehicle that, prior to its recovery, is used in the commission of an
offense that is a felony, in addition to other penalties prescribed by law is
subject to an additional one year imprisonment in the state prison.
(h) A person who violates subdivision (a) as a principal or accessory to the
taking oJ'a vehicle and with intent to use the vehicle irr the commission of a
felony, in addition to other penalties prescribed by law is subject to an
additional one year imprisonment in the slate prison
(i) A person who commits a felony violation ofsubdivison (a) as a principal
or accessory to the taking of a vehicle that, prior to its recovery, is the subject
of a pursuit in violation of Sections 2800.1, 2800 2, 2800.3, or 2800.4, in
addition to other penalties prescribed by law is subject to an additional one
year imprisonment in the state prison.
G) A person who violates subdivision (a) as a principal or accessory to the
taking of a vehicle that, prior to its recovery, is involved in a collision, in
addition to other penalties prescr ibed by lam, is subject to an additional one
year imprisonment in the state prison and an additional and consecutive one
year imprisonment in the state prison for each person, other than an accessory,
who suffers personal injury as a proximate cause of that collision.
SEC. 6.3 Section 666.5 of the Penal Code is amended to read -
666.5. (a) Every A person who, having been previously convicted of a
felony violation of Section 10851 of the Vehicle Code, or felony grand theft
involving an automobile in violation of subdivision (d) of Section 487 or
former subdivision (3) of Section 487, as that section read prior to being
amended by Section 4 of Chapter 1125 ofthe Statutes of 1993, or fe" grand
theft involving a motor vehicle, as defined in Section 415 ofthe Vehicle Code,
a trailer, as defined in Section 630 ofthe Vehicle Code, any special construction
equipment, as defined in Section 565 of the Vehicle Code, or a vessel, as
defined in Section 21 of the Harbors and Navigation Code in violation of
former Section 487h, or a f.:IM violation of Section 496d regardless of
whether or not the person actually served a prior prison term for those offenses,
is subsequently convicted of any of these offenses shall be punished by
imprisonment in the state prison for two, three, or four years, or a fine often
thousand dollars ($10,000), or both the fine and the imprisonment.
(b) For the purposes of this section, the terms "special construction
equipment" and "vessel" are limited to motorized vehicles and vessels.
(c) The existence of any fact which would bring a person under subdivision
(a) shall be alleged in the accusatorypleading in and
either admitted by the defendant in open court, or found to be true by the trier
offact '
plea oftuilty er ricio confendere oz by trial by the ect2it sitting without apiry.
(d) A person who Is subject to punishment under this section, having
previously been convicted of two or more of the offenses enumerated in
subdivision (a), may be granted probation only In the unusual case where the
interests ofjustice would best be served. When probation is granied under this
subdivision, the court shall specify on the record and shall enter into the
minutes the circumstances indicating that the interests ofjustice would best be
served by that disposition.
SEC. 6.4. Section 707,005 is added to the Welfare and Institutions Code,
to read:
707.005. For purposes ofsubdivision (b) ofSectron 707, with regard to a
minor, in any case in which the manor is alleged to be a person described in
Section 602, when he or she was 14 years of age or older, by reason of a felony
violation ofSectron 186 22 ofthe Penal Code, the minor shall be pi esumed to
be not a fit and proper subject to be dealt with under the Juvenile court law
unless the juvenile court concludes, based upon the evidence, that the minor
would be amenable to the care, treatment, and ti outing program available
through the facilities of the juvenile court, applying the criteria and subject to
the procedures described in subdivision (b) ofSectron 707. If the mrnar is dealt
with under the juvenile court law, he or she is eligible far commitment to the
Department of Cor rection and Rehabi!matron' Division ofJuvenlie Facilities,
notwithstanding Sections 731 and 731.1.
SEC. 6.5. Section 32 of the Penal Code is amended to read:
32. (a) Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that said principal
may avoid or escape from arrest, trial, conviction or punishment, having
knowledge that said principal has committed,such felony or has been charged
with such felony or convicted thereof, is an accessory to such felony
(b) Any person who knowingly makes a materially false statement to a peace
officer or prosecutor regarding facts relevant to investigation of a felony
committed for the benefit of, at the direction oJ, or in association with a
criminal street gang as described in Section 186.22, or a violent felony as
described in subdivision (c) of Section 667.5, shall be an accessory to than
felony if all of the following are true
(1) Prior to making the false statement the person was not a principal or
accessory to the felony.
(2) The statement was made with the intent that the principal may avoid or
escape arrest, trial, conviction, orpunishment.
(3) The person either had knowledge that said principal had committed
suchfelony or the principal is convicted of the underlyingfelony
(c) The provisions of subdivision (b) shall not be construed to limit
prosecution for makingfalse statements under any other provision of lase
SEC 6.6. Section 186 22 of the Penal Code is amended to read -
186.22. (a) Any person who actively participates in any criminal street
gang with knowledge that its members engage in or have engaged in a pattern
of criminal gang activity, and who willfully promotes, furthers, or assists in
any felonious criminal conduct by members of that gang, shall be punished by
imprisonment in a county jail for a period not to exceed one year, or by
imprisonment in the state prison for 16 months, or two or three years.
(b) (1) Except as provided in paragraphs (4) and (5), any person who is
con, tied o commits a felony or attempted felony comn thed for the benefit of,
at the direction of, or in association with any cnminal street gang, with the
specific intent to promote, further, or assist in any criminal conduct by gang
members, shall,.
she has been con, icted; be punished by an additional and consecutive term of
imprisonment in the state prison as follows•
(A) Except as provided in subparagraphs (B) and (C), the person shall be
punished by an additional term of two, three, or four years at the court's
discretion.
(B) If the felony is a serious felony, as defined in subdivision (c) of Section
1192 7, the person shall be punished by an additional term of five years
(C) If the felony is a violent felony, as defined in subdivision (c) of Section
667.5, the person shall be punished by an additional term of 10 years.
(2) If the underlying felony descnbed in paragraph (1) is committed on the
grounds of, or within 1,000 feet of, a public or private elementary, vocational,
,junior high, or high school, during hours in which the facility is open for
classes or school -related programs or when minors are using the facility, that
fact shall be a circumstance in aggravation of the crime in imposing a term
under paragraph (1)
(3)
The court shall state the reasons for its choice of sentencing enhancements on
the record at the time of the sentencing.
(4) Any person who m convicted -of commits a felony enumerated in this
paragraph con, pitted for the benefit of, at the direction of, or in association
with any criminal street gang, with the specific intent to promote, further, or
assist in any criminal conduct by gang members, shall, upon con, iction of
rinnnnurn term of the rndetCLrnMT21tC SCiftIlIC C.10MIated as the g, Cate. of in
addition to any other enhancements or punishment provisions that may apply,
be punished as follows
(A)
4.5 (connircrienig "ith Section 1170) of Title 7 of Part 2, or any venod
piescribed by S—hon 3046, if the f6ony is any of the off�nstrenurnerated-in
Text of Proposed Laws I 111
TEXT OF PROPOSED LAWS
(•B) fmprisonnient By imprisonment in the state prison for 15 years to life, if
the felony is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213, carjacking, as defined in
Section 215, a felony violation of Section 246, or a felony violation of Section
55 11034
(e) hripisanniert (B) By imprisonment in the state prison for semen years
life, if the felony is extortion, as defined in Section 519; or threats to victims,
and witnesses, judges, jurors, prosecutors, public defenders, orpeace officers,
as defined in Section 136.1.
(5) (A) Except as provided in paragraph (4) and subparagraph (B), any
person who violates this subdivision in the commission of a felony punishable
by imprisonment in the stale pnson for life shall not be paroled until a minimum
of 15 calendar years have been served.
(B) For any felony described in subparagraph (A), if the punishment
provided in paragraph (1) of this subdivision would result in a longer term of
imprisonment, then it shall apply instead of the punishment provided in
subparagraph (A)
(c) If the court grants probation or suspends the execution of sentence
imposed upon the defendant for a violation of subdivision (a), or in cases
involving a true finding of the enhancement enumerated in subdivision (b), the
court shall require that the defendant serve a minimum of 180 days in a county
,fail as a condition thereof.
(d) Any person who nrconvicted o commits a public offense punishable as
a felony or a misdemeano , which is C01111,111t, I for the benefit of, at the
direction of or in association with, any criminal street gang with the specific
intent to promote, further, or assist in any criminal conduct by gang members,
shall be punished by imprisonment in the countyjail not to exceed one year, or
by imprisonment in the state prison for one, two, or three years, provided that
any person sentenced to imprisonment in the county jail shall be imprisoned
for a period not to exceed one year, but not less than 180 days, and shall not be
eligible for release upon completion of sentence, parole, or any other basis,
until lie or she has served 180 days If the court grants probation or suspends
the execution of sentence imposed upon the defendant, it shall require as a
condition thereof that the defendant serve 180 days in a countyjail.
(e) As used in this chapter, "pattern of criminal gang activity" means the
commission of, attempted commission of, conspiracy to commit, or solicitation
of, sustained juvenile petition for, or conviction of two or more ofthe following
offenses, provided at least one of these offenses occurred after the effective
date of this chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate occasions,
or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to produce
great bodily injury, as defined in Section 245
(2) Robbery, as defined in Chapter 4 (commencing with Section 211) of
Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1
(4) The sale, possession for sale, transportation, manufacture, offer for sale,
or offer to manufacture controlled substances as defined in Sections 11054,
11055, 11056, 11057, and 11058 of the Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined
in Section 246
(6) Discharging or permitting the discharge of a firearm from a motor
vehicle, as defined in subdivisions (a) and (b) of Section 12034,
(7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title
13.
(8) The intimidation or threatening of witnesses, and victims, judges,
jurors, prosecutors, public defenders, or peace officers, as defined in Section
1361
(9) Grand theft, as defined in subdivision (a) or (c) of Section 487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Section 459.
(12) Rape, as defined in Section 261.
(13) Looting, as defined in Section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in Section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in Section 206.
(19) Felony extortion, as defined in Sections 518 and 520.
(20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of
112 1 Text of Proposed Laws
(PROPOSITION 6 CONTINUED)
Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in Section
12072
(23) Possession of a pistol, revolver, or other firearm capable of being
concealed upon the person in violation of paragraph (1) of subdivision (a) of
Section 12101.
(24) Threats to commit crimes resulting in death or great bodily injury, as
defined in Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined in Section
10851 of the Vehicle Code.
(26) Felony theft of an access card or account information, as defined in
Section 484e.
(27) Counterfeiting, designing, using, attempting to use an access card, as
defined in Section 484f.
(28) Felony fraudulent use of an access card or account information, as
defined in Section 484g.
(29) Unlawful use of personal identifying information to obtain credit,
goods, services, or medical information, as defined in Section 530.5.
(30) Wrongfully obtaining Department of Motor Vehicles documentation,
as defined in Section 529.7.
(31) Prohibited possession of a firearm in violation of Section 12021
(32) Carrying a concealed firearm in violation of Section 12025
(33) Carrying a loaded firearm in violation of Section 12031
(f) As used in this chapter, "criminal street gang" means any ongoing
organization, association, or group of three or more persons, whether formal
or informal, having as one of its primary activities the commission of one or
more of the criminal acts enumerated in paragraphs (1) to (25), inclusive, or
(31) to (33), inclusive, of subdivision (e), having a common name or common
identifying sign or symbol, and whose members individually or collectively
engage in or have engaged in a pattern of criminal gang activity.
(g) Notwithstanding any othei law, the eotirt nitay strtke the additional
The court may
refuse to impose the minimum jail sentence for misdemeanors in an unusual
case where the interests oflustice would best be served, if the court specifies
on the record and enters into the minutes the circumstances indicating that the
interests ofjustice would best be served by that disposition.
(h) Notwithstanding any other provision of law, for each person committed
to the Division of Juvenile Facilities for a conviction pursuant to subdivision
(a) or (b) of this section, the offense shall be deemed one for which the state
shall pay the rate of 100 percent of the per capita institutional cost of the
Division of Juvenile Facilities, pursuant to Section 912 5 of the Welfare and
Institutions Code
(1) In order to secure a conviction or sustain a luvemle petition, pursuant to
subdivision (a) it is not necessary for the prosecution to prove that the person
devotes all, or a substantial part, of his or her time or efforts to the criminal
street gang, nor is it necessary to prove that the person is a member of the
criminal street gang. Active participation in the criminal street gang is all that
is required. I
0) A pattern of gang activity may be shown by the commission of one or
more of the offenses enumerated in paragraphs (26) to (30), inclusive, of
subdivision (e), and the commission of one or more of the offenses enumerated
in paragraphs (1) to (25), inclusive, or (31) to (33), inclusive ofsubdivision (e)
A pattern of gang activity cannot be established solely by proof of commission
of offenses enumerated in paragraphs (26) to (30), inclusive, of subdivision
(e), alone.
(k) (1) Notwithstandingparagroph (4) ofsubdivlsion (a) of Section 166, any
willful and knowing violation of any injunction issued pursuant to Section
3479 of the Civil Code against a criminal street gang, as defined in this section,
or Its individual members, shall constitute contempt of court, a misdemeanor,
punishable by imprisonment in a county jail for not more than one year, by a
fine of not more than one thousand dollars (81,000), or by both that
imprisonment and fine.
(1) A second violation of any order described in paragraph (1) occurring
within seven years of a prior violation of any of those orders is punishable by
imprisonment in a countyjail for not less than 90 days and not more than one
year.
(3) A third or subsequent violation of any order described in paragraph (1)
occurring within .seven years of the prior violation of any of those orders shall
be punished by imprisonment in the county jail not to exceed one year, or by
imprisonment in the stale prison for one, two, or three years. provided that any
person sentenced to imprisonment in the county jail shall be imps isoned for a
TEXT OF PROPOSED LAWS
period not to exceed one year, but not less than 180 days If the court grants
probation or suspends the ei eculion of sentence imposed upon the defendant,
it shall require as a condition thereof that the defendant serve 180 days in the
countyjail
(4) The penalties in this subdivision shall apply unless a greater penalty is
authorized by subdivision (d) at, any other provision or provisions of law.
(l) Any person found guilty as an accessory to a felony, within the meaning
of Section 32, shall be subject to one-half the punishment prescribed for a
principal in such felony if it is pled and proved that the felony was committed
for the benefit of, at the direction of or in association with any criminal street
gang unless agreater penally is authorized by any otherproviston orprovrsions
of law,
SEC. 6.7. Section 186.22a of the Penal Code is amended to read:
186.22x. (a) Every building or place used by members of a criminal street
gang for the purpose of the commission of the offenses listed in subdivision (e)
of Section 186 22 or any offense involving dangerous or deadly weapons,
burglary, or rape, and every building or place wherein or upon which that
criminal conduct by gang members takes place, is a nuisance which shall be
enjoined, abated, and prevented, and for which damages may be recovered,
whether it is a public or private nuisance
(b) Any action for injunction or abatement filed pursuant to subdivision (a),
including an action filed by the Attorney General, shall proceed according to
the provisions of Article 3 (commencing with Section 11570) of Chapter 10 of
Division 10 of the Health and Safety Code, ex—pt that all of the fbilam—S shall
appir
(i) The cotn t shall not assess a eivtl penalty against tiny FeLS0.1 unless thai
postage p, epaid, to tire last kno o n ad
(c) Whenever an injunction is issued pursuant to subdivision (a), or Section
3479 of the Civil Code, to abate gang activity constituting a nuisance, the
Attorney General or any district attorney or any prosecuting city attorney may
maintain an action for money damages on behalf of the community or
neighborhood injured by that nuisance. Any money damages awarded shall be
paid by or collected from assets of the criminal street gang or its members.
Only members of the criminal street gang who created, maintained, or
contributed to the creation or maintenance of the nuisance shall be personally
liable for the payment of the damages awarded. In a civil action for damages
brought pursuant to this subdivision, the Attorney General, district attorney,
or city attorney may use, but is not limited to the use of, the testimony of
experts to establish damages suffered by the community or neighborhood
injured by the nuisance. The damages recovered pursuant to this subdivision
shall be deposited into a separate segregated fund for payment to the governing
body of the city or county in whose,political subdivision the community or
neighborhood is located, and that governing body shall use those assets solely
for the benefit of the community or neighborhood that has been injured by the
nuisance
(d) No nonprofit or charitable organization which is conducting its affairs
with ordinary care or skill, and no governmental entity, shall be abated
pursuant to subdivisions (a) and (b).
(e) Nothing in this chapter shall preclude any aggrieved person from seeking
any other remedy provided by law.
(f) (1) Any firearm, ammunition which may be used with the firearm, or
any deadly or dangerous weapon which is owned or possessed by a member of
a criminal street gang for the purpose of the commission of any of the offenses
listed in subdivision (e) of Section 186.22, or the commission of any burglary
or rape, may be confiscated by any law enforcement agency or peace officer.
(2) In those cases where a law enforcement agency believes that the return
of the firearm, ammunition, or deadly weapon confiscated pursuant to this
subdivision, is or will be used in criminal street gang activity or that the return
of the item would be likely to result in endangering the safety of others, the law
enforcement agency shall initiate a petition in the superior court to determine
if the item confiscated should be returned or declared a nuisance.
(3) No firearm, ammunition, or deadly weapon shall be sold or destroyed
unless reasonable notice is given to its lawful owner if his or her identity and
address can be reasonably ascertained. The law enforcement agency shall
inform the lawful owner, at that person's last known address by registered
i
(PROPOSITION 6 CONTINUED)
mail, that he or she has 30 days from the date of receipt of the notice to respond
to the court clerk to confirm his or her desire for a hearing and that the failure
to respond shall result in a default order forfeiting the confiscated firearm,
ammunition, or deadly weapon as a nuisance
(4) If the person requests a hearing, the court clerk shall set a hearing no
later than 30 days from receipt of that request. The court clerk shall notify the
person, the law enforcement agency involved, and the district attorney of the
date, time, and place of the hearing
(5) At the hearing, the burden of proof is upon the law enforcement agency
or peace officer to show by a preponderance of the evidence that the seized
item is or will be used in criminal street gang activity or that return of the item
would be likely to result in endangering the safety of others. All returns of
firearms shall be subject to Section 12021.3.
(6) If the person does not request a hearing within 30 days of the notice or
the lawful owner cannot be ascertained, the law enforcement agency may file
a petition that the confiscated firearm, ammunition, or deadly weapon be
declared a nuisance. If the items are declared to be a nuisance, the law
enforcement agency shall dispose of the items as provided in Section 12028.
SEC. 6 8. Section 186.22b is added to the Penal Code, to read:
18622b. (a) A criminal sty eel gang may be sued in the name it has assumed
or by which it is known.
(b) Delivery by hand of a copy of any process against the criminal street
gang to any natural person designated by it as agent for service of process
shall constitute valid service on the criminal street gang. If designation of an
agent for the purpose ofservice has not been made, or flhe agent cannot with
reasonable diligence be found, the court or judge shall make an order that
service be made upon the criminal street gang by delivery by hand oJ'a copy of
rhe process to three or more members of the criminal street gang designated in
the order who actively participate in the criminal street gang The court may,
in its discretion, order, in addition to the foregoing, that a summons be served
in any manner that is reasonably calculated to give actual notice to the
criminal street gang. Service in the manner ordered pursuant to this section
shall constitute valid service on the criminal street gang
SEC. 6.9. Section 186.26 of the Penal Code is amended to read -
186.26. (a) Any person who solicits or recruits another to actively
participate in a criminal street gang, as defined in subdivision (f) of Section
186.22, with the intent that the person solicited or recruited actively participate
in the criminal street gang part2etpate in a pattern of eiiinine! street Sony,
, or with the intent that
the person solicited or recruited promote, further, or assist in any felonious
conduct by members of the criminal street gang, shall be punished by
imprisonment in the state prison for 16 months, or two or three years.
(b) Any person who threatens another person with physical violence on two
or more separate occasions within any 30 -day period with the intent to coerce,
induce, or solicit any person to actively participate in a criminal street gang, as
defined in subdivision (f) of Section 186.22, shah be punished by imprisonment
in the state prison for two, three, or four years.
(c) Any person who uses physical violence to coerce, induce, or solicit
another person to actively participate in any criminal street gang, as defined in
subdivision (f) of Section 186.22, or to prevent the person from leaving a
criminal street gang, shall be punished by imprisonment in the state prison for
three, four, or five years.
(d) If the person solicited, recruited, coerced, or threatened pursuant to
subdivision (a), (b), or (c) is a minor, an additional term of three years shall be
imposed in addition and consecutive to the penalty prescribed for a violation
of any of these subdivisions
(e) If the person solicited, recruited, coerced, or threatened pursuant to
subdivision (a), (b), or (c) is a minor under the age of 14, an additional term of
five years shall be imposed in addition and consecutive to the penalty
prescribed for a violation of any of these subdivisions
(1) Any person who violates subdivision (b) or (c) shall be o principal to any
.subsequent felony committed by the subject of his or her solicitation,
recruitment, coercion, or threat in the event that
(1) The subject commits a felony for the benefit of, at the direction of, or in
association with the criminal street gang, and
(2) The felony occurs within one year of the last act constituting a violation
of this section.
(e) (g) Nothing in this section shall be construed to limit prosecution under
any other provision of law.
SEC 6 10 Section 186.30 of the Penal Code is amended to read -
186.30. (a) (/) Any person described in subdivision (b) shall register with
the chief of police of the city in which he or she resides, or the sheriff of the
Text of Proposed, Laws 1 113
TEXT OF PROPOSED LAWS
county if he or she resides in an unincorporated area or a city that has no
police department, within 10 days ofrelease from custody or within 10 days of
his or her arrival in any city, county, or city and county to reside there,
whichever occurs first, and annually thereafter, and upon changing
residence.
(2) If the person who is registering has more than one residential address at
which he or she regularly resides, he or she shall register in each of the
jurisdictions in which he or she regularly resides, in accordance with
paragraph (1), regardless of the number of days or nights spent there. If all of
the addresses are within the some jurisdiction, the person sholbprovide the
registering authority with all of the addresses where he or she regularly
resides.
(b) Subdivision (a) shall apply to any person convicted in a criminal court
or who has had a petition sustained in a juvenile court in this state for any of
the following offenses:
(])Subdivision (a) of Section 186 22
(2) Any crime where the enhancement specified in subdivision (b) of
Section 186.22 is found to be true
(3) Any crime that the court finds is gang related at the time of sentencing
or disposition
(c) (1) Any person who is required to register under this section based on a
misdemeanor conviction orjuvenile adjudication who wilt6rlly violates any
requirement of this section is guilty oJ' a misdemeanor punishable by
imprisonment in a county jail not exceeding one year
(2) Any person who is required to register under this section based on a
felony conviction or juvenile adjudication who willfully violates any
requirement of this section or who has a prior adjudication for the offense of
failing to register under this section and who subsequently and willlrully
violates any requirement of this section is guilty of a felony and shall be
punished by imprisonment in the slate prison for 16 months, or two at- three
years. ijprobation is granted or if the imposition or execution ofsentence is
suspended, it shall be a condition of the probation or suspension that the
person serves a1 least 90 days in a county Jail. The penalty described in this
paragraph shall apply whether or not the person has been released on parole
or• has been discharged from parole.
(d) For the purposes of this section and Section 186.32, imposition of the
requirement to register shall be effective on the day the registrant is sentenced
or on the day ofdispositrorm in the juvenile court unless he of she is in custody,
in which case the requirement to'register shall become effective upon the
regish ant's release from custody
(e) The registration requirement shall terminate five years after the date it
becomes effective unless the registrant is subsequently incarcerated in which
case the court may toll the registration requirement or reimpose gang
registration as a condition upon release from custody.
SEC. 6.11. Section 186.34 is added to the Penal Code, to read:
186.34. Beginning no later than July 1, 2009, the Department of Justice
shall, on a monthly basis, search all disposition data submitted by California
criminal justice agencies for all persons who have been convicted or
adjudicated ofa violation of subdivision (a) of Section 186.22 or as to whom a
sentencing allegation has been found true pursuant to subdivision (b) of
Section 186.22 The department shall make information regarding these
persons electronically available only to California criminaljustice agencies
on a secured Gang Registry department site. The information shall include the
person's full name, date of birth, and, as to each conviction or adjudication,
the detaining agency, arresting, or booking agency, to the extent this
infoinmation is available from the disposition data submitted to the
department
SEC. 6.12 Section 11377 of the Health and Safety Code is amended to
read:
11377. (a) Except as authorized by law and as otherwise provided in
subdivision (b) or Section 11375, or in Article 7 (commencing with Section
4211) of Chapter 9 of Division 2 of the Business and Professions Code, every
person who possesses any controlled substance which is (1) classified in
Schedule III, IV or V, and which is not a narcotic drug, (2) specified in
subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of
subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section
11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054,
or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the
prescription of a physician, dentist, podiatrist, or veterinarian, licensed to
practice in this state, shall be punished by imprisonment in a county jail for a
period of not more than one year or in the state prison provided however, that
every person who possesses any controlled substance that is specified in
114 1 Text of Proposed Laws
(PROPOSITION 6 CONTINUED)
paragraph (2) of subdivision (d) of Section 11055 shall be punishM by
imprisonment in the state prison
(b) (t) Any person who violates subdivision (a) by unlawfully possessing a
controlled substance specified in subdivision (f) of Section 11056, and who has
not previously been convicted of a violation involving a controlled substance
specified in subdivision (f) of Section 11056, is guilty ofa misdemeanor.
(2) Any person who violates subdivision (a) by unlawfully possessing a
controlled substance specified in subdivision (g) of Section 11056 is guilty of
a misdemeanor.
(c) In addition to any fine assessed under subdivision (b), the judge may
assess a fine not to exceed seventy dollars ($70) against any person who
violates subdivision (a), with the proceeds of this fine to be used in accordance
with Section 1463 23 of the Penal Code The court shall, however, take into
consideration the defendant's ability to pay, and no defendant shall be denied
probation because of his or her inability to pay the fine permitted under this
subdivision
SEC 6 13. Section 11378 of the Health and Safety Code is amended to
read:
11378 Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code,
every person who possesses for sale any controlled substance which is (+) (a)
classified in Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, M (b) specified in subdivision (d) of Section
11054, except paragraphs (l3),(14),(15),(20),(21),(22),and (23)ofsubdivision
(d), (3) (c) specified in paragraph (11) of subdivision (c) of Section 11056,(4)
(d) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5)
(e) specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision
(e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of
Section 11055, shall be punished by imprisonment in the state prison, provided
however, that every person who possesses for sale any controlled substance
that is specified in paragraph (2) of subdivision (d) of Section 11055 shall be
punished by imprisonment in the stale prison for two, three, or four years.
SEC. 6.14. Section 11379 of the Health and Safety Code is amended to
read:
11379 (a) Except as otherwise provided in subdivision (b) and in Article
7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business
and Professions Code, every person who transports, imports into this state,
sells, furnishes, administers, or gives away, or offers to transport, import into
this state, sell, furnish, administer, or give away, or attempts to import into this
state or transport any controlled substance which is (1) classified in Schedule
Ill, IV, or V and which is not a narcotic drug, except subdivision (g) of Section
11056, (2) specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in
paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph
(2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d)
or(e),except paragraph (3)ofsubdivision(e),orspecified in subparagraph (A)
of paragraph (1) of subdivision (f), of Section 11055, unless upon the
prescription of a physician, dentist, podiatrist, or veterinarian, licensed to
practice in this state, shall be punished by imprisonment in the state prison for
a period of two, three, or four years, provided however, that every person who
transpor is, imports into this state, sells, furnishes, administers, or gives away,
or offers to transport, import into this slate, sell, furnish, administer, or give
away, or attempts to import into this state or transport any controlled substance
that is specified in paragraph (2) of subdivision (d) of Section 11055 shall be
punished by three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person
who transports for sale any controlled substances specified in subdivision (a)
within this state from one county to another noncontiguous county shall be
punished by imprisonment in the state prison for three, six, or nine years.
SEC. 6.15, Section 12022.52 is added to the Penal Code, to read:
12022.52. (a) Notwithstanding any other provision of law, any person
prohibited from possessing a firearm because ofa previousJelony conviction
orjuvenile adjudication, upon conviction for violation of Section 11025 or
12031, shall be punished by an additional 10 years in prison f either of the
following circumstances is pled and pi oved.
(1) The offender was previously convicted of, or adjudicated to have
committed, any of the following•
(A) A felony violation involving possession of a firearm, as described in
Section 12021 or 120211.
(B) Manufacture, sale, possession for sale, or transport of a controlled
substance amounting to a felony, as described in Division 10 (commencing
with Section 11000) of the Health and Safety Code
TEXT OF PROPOSED LAWS
(C) A felony violation involving assault or battery of a peace officer, as
described in Section 243 or 245.
(D) A violent felony, as described in subdivision (c) ofSectron 667.5
(E) A felony gang offense that constitutes a violation of subdivision (a) or
(b) of Section 186.22
(F) Any felony in which it was pled and proved that the offender personally
used a firearm.
(2) If, at the time of the offense that residled in convictionfor violation of
Section 12025 of 12031, any of the following apply.
(A) The offender was on felony probation, parole, free on boil, awaiting
sentencing, or subject to a felony art est warrant
(B) The offender was m felony possess ion ofa controlled substance
(C) The offender feloniously assaulted or battered a peace officer.
(b) This section shall not be construed to permit imposition ofdual penalties
based upon the sarnefactual circumstances that support a penalty enhancement
for assaulting a peace officer with a firearm imposed pursuant to Section
12022.53.
SEC. 6.16. Section 12022.53 of the Penal Code is amended to read.
12022.53. (a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer
or firefighter).
(8) Section 261 or 262 (rape)
(9) Section 264 1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (sexual penetration).
(14) Subdivision (a) ofSectron 460 (first-degree burglary).
(15) Section 4500 (assault by a life prisoner).
(16j (16) Section 4501 (assault by a prisoner).
(16) (17) Section 4503 (holding a hostage by a prisoner)
"(18) Any felony punishable by death or imprisonment in the state prison
for life.
"(19) Any attempt to commit a crime listed in this subdivision other than
an assault.
(b) Notwithstanding any other provision of law, any person who, in the
commission ofa felony specified in subdivision (a), personally uses a firearm,
shall be punished by an additional and consecutive term of imprisonment in
the state prison for 10 years. The firearm need not be operable or loaded for
this enhancement to apply
(c) Notwithstanding any other provision of law, any person who, in the
commission ofa felony specified in subdivision (a), personally and intentionally
discharges a firearm, shall be punished by an additional and consecutive term
of imprisonment in the state prison for 20 years
(d) Notwithstanding any other provision of law, any person who, in the
commission ofa felony specified in subdivision (a), Section 246, or subdivision
(c) or (d) of Section 12034, personally and intentionally discharges a firearm
and proximately causes great bodily injury, as defined in Section 12022 7, or
death, to any person other than an accomplice, shall be punished by an
additional and consecutive term of imprisonment in the state prison for 25
years to life.
(e) (0 The enhancements provided in this section shall apply to any person
charged as who is a principal in the commission of an offense that includes an
allegation pursuant to this section if both of tim fbliomns a., pled and
p ovcd
(A) The I--, v i0lated subdivision (b5 oF Sect—i 186 22
(r"
(2) An enhancement fm pit, heipatiorr in a einninal street Satir, I'tHstrani to
rinposed 04. et pe,son in addition to an enharmcment imposed putstrant to this
(f) Only one additional term of imprisonment under this section shall be
imposed per person for each crime. If more than one enhancement per person
is found true under this section, the court shall impose upon that person the
(PROPOSITION 6 CONTINUED)
enhancement that provides the longest term of imprisonment. An enhancement
involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4,
12022.5, or 12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section. An enhancement for great
bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be
imposed on a person in addition to an enhancement imposed pursuant to
subdivision (d).
(g) Notwithstanding any other provision of law, probation shall not be
granted to, nor shall the execution or imposition of sentence be suspended for,
any person found to come within the provisions of this section
(h) Notwithstanding Section 1385 or any other provision of law, the court
shall not strike an allegation under this section or a finding bringing a person
within the provisions of this section.
(i) The total amount ofcredits awarded pursuant to Article 2.5 (commencing
with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019
Or any other provision of law shall not exceed 15 percent of the total term of
imprisonment imposed on a defendant upon whom a sentence is imposed
pursuant to this section.
(1) For the penalties in this section to apply, the existence of any fact required
under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be true by the
trier of fact. When an enhancement specified in this section has been admitted
or found to be true, the court shall impose punishment for that enhancement
pursuant to this section ratherthan imposing punishment authorized under any
other provision of law, unless another enhancement provides for a greater
penalty or a longer term of imprisonment.
(k) When a person is found to have used or discharged a firearm in the
commission of an offense that includes an allegation pursuant to this section
and the firearm is owned by that person, a coparticipant, or a coconspirator,
the court shall order that the firearm be deemed a nuisance and disposed of in
the manner provided in Section 12028.
(1) The enhancements specified in this section shall not apply to the lawful
use or discharge ofa firearm by a public officer, as provided in Section 196, or
by any person in lawful self-defense, lawful defense of another, or lawful
defense of property, as provided in Sections 197, 198, and 198.5.
SEC. 6.17. Section 12022 57 is added to the Penal Code, to read
12022.57. (a) in airy case in which a person violates Section 12022.52 or
commits ofelony involving the use ofafirearm and rhe offense occurs in whole
or in part within a motor vehicle, or the firearm or the person and the firearm
-arefound within a motor vehicle, the following conditions shall apply.
(1) If the subject motor vehicle is owned, driven, or controlled by the
offender, in addition to any other applicable penalties, the Department of
Motor Vehicles shall revoke the privilege of the offender to operate a motor
vehicle pursuant to the procedures described in Section 13350 of the Vehicle
Code
(2) In the event the offender is incarcerated or subject to custodial treatment
or house arrest as a consequence of the underlying offense, the revocation of
the privilege to operate a motor vehicle described in paragraph (1) shall be
tolled until his or her release from custody.
(3) If the subject vehicle is registered to the offender or other pr rncipal to
the offense i1 may be impoundedfor up to 60 days
(b) The registered and legal owner ofa vehicle that is removed and seised
under subdivision (a), or their agents, shall be provided the opportunity for a
storage hearing to determine the validity of, or consider any mitigating
circumstances attendant to the storage, in accordance with Section 22852 of
the Vehicle Code
SEC. 6.18, Section 2933 25 is added to the Penal Code, to read:
2933.25. (a) Notwithstanding any other provision of law, any person who
is convicted of any felony offense that is punishable by imprisonment in the
state prison for life shall be ineligible to receive any conduct credit reduction
of his or her term of imprisonment pursuant to this chapter, Section 4019, or
any other law providing for conduct credit reduction
(b) As used in this section, life imprisonment includes all sentences for any
crime or enhancement with a maximum term of i fe, whether with or without
the possibility ofparole, and whether with or without a spec fc minimum term
or minimum period of confinement before eligibility for parole.
(c) This section .shall apply only to offenses that are committed on or after
the date that this section becomes operative.
SEC. 6.19. Section 653.75 of the Penal Code is amended to read:
653.75. Any person who commits any public offense while in custody in
any local detention facility, as defined in Section 60314, or any state prison, as
defined in Section 4504, is guilty of a crime That crime shall be punished as
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TEXT OF PROPOSED LAWS
provided in the section prescribing the punishment for that public offense, or
in Section 4505.
SEC. 6.20. Section 653.77 is added to the Penal Code, to read -
653 77. (a) Any person who willhilly removes or disables an electronic,
global positioning system (GPS), or other monitoring device axed to his or
her person, or the person ofanothei, knowing that the device was q fixed as a
condition of a criminal sentence, juvenile courl disposition, parole, or
probation, is guilty ofa public offense.
(b) (1) Any person subject to electronic, GPS, or other monitoring device
based an a misdemeanor conviction, or based on a juvenile adjudication for a
misdemeanor offense, who willfully violates subdivision (a) is guilty of a
misdemeanor, punishable by imprisonment in a county jail for tip to one year,
by a fine of tip to one thousand dollars ($1, 000), or by both that fine and
imprisonment.
(2) Except as provided in subdivision (e), any person who willfully removes
or disables an electronic, GPS, or other monitoring device affixed to another
person where that device was axed to the other person based upon a
misdemeanor conviction, or based upon a juvenile adjudication for a
misdemeanor offense, is guilty ofa misdemeanor, punishable by imprisonment
in a county jail for up to one year, by a fine of up to one thousand dollars
($1,000). on by both that fine and imprisonment.
(c) (1) Airyperson subject to electronic, GPS, or other monitoring device
based on a felony conviction, juvenile adjudication for o felony offense, or on
parole for a felany offense, who willfully violates subdivision (a) is guilty ofa
felony, punishable by Imprisonment in the state prison for 16 months, or two or
three years
(2) Except as provided in subdivision (e), any person who willfully removes
or disables an electronic, GPS, or other monitoring device affixed to another
person where that device was affixed to the other person based upon o felony
conviction, or based upon a juvenile conviction for a felony offense, is guilty
ofa felony, punishable by imprisonment in the state prison for 16 months, or
two or lhi ee years.
(d) Nothing in this section shall be construed to prevent punishment
pursuant to any other provision of law that imposes a greater or more severe
punishment, including, but not limited to, Section 594.
(e) This section shall not apply to the removal or disabling ofan electronic,
GPS, a• other monitoring device by a physician, emergency medical services
technician, or any other emergency response or medical personnel when doing
so is necessary during the course of medical treatment ofthe pen son subject to
the electronic, GPS, or other monitoring device. This section shall also not
apply where the removal or disabling of the electronic, GPS, or other
monitoring device is authorized, or required, by a court of law or by the law
enforcement, probation, or parole authority or other entity responsible for
placing the electronic, GPS, or other monitoring device upon the person or, at
the time, has the authority and responsibility to monitor the elects onic, GPS,
or other monitoring device.
SEC 6 21. Section 4504 ofthe Penal Code is amended to read:
4504 For purposes of this chapter.
(a) A person is deemed confined in a "stale prison" if he or she is confined,
by order made pursuant to law, in any ofthe prisons and institutions specified
eammitments to under the jurisdiction ofthe Department of Corrections or the
Depaitment of the Youth Autheirty and Rehabilitation, regardless of the
purpose of such the confinement and regardless of the validity of the order
directing such the confinement, until a judgment ofa competent court setting
aside snob the order becomes final.
(b) A person is deemed "confined in" a prison although, at the time of the
offense, lie or she is temporarily outside its wails or bounds for the purpose of
serving on a work detail or for the purpose of confinement in a local correctional
institution pending trial or for any other purpose for which a prisoner may be
allowed temporarily outside the walls or bounds of the prison, but a prisoner
who has been released on parole is not deemed "confined in" a prison for
purposes of this chapter
SEC. 6.22. Section 4505 is added to the Penal Code, to read:
4505. (a) Any inmate who commis a felony for the benefit of, at the
direction of, or in association with, a criminal street gang, as defined in
Section 186.22, shall be sentenced to twice the punishment that is otherwise
prescribed for the felony, unless another provision of law would prescribe a
greater penalty.
(b) Any person who provides an inmate with a weapon, cellphone, or other
item ofcontraband that is used in a felony described in subdivision (a) shall be
deemed a principal, as defined in Section 31, and be subject to the same
(PROPOSITION 6 CONTINUED)
penalties as that inmate, even iflhe person does not specifically intend for the
weapon, cellphone. of other item of contraband to be used in the commission
ofa crinne.
SEC 7. INTENT REGARDING CONFLICTING PENALTIES
It is the intent of the people or the State of California in enacting this
measure to strengthen and improve the laws that punish and control perpetrators
of gang offenses, firearm offenses, and other specified crimes It is also the
intent of the people of the State of California that if any provision in this act
conflicts with any other provision of law that provides for a greater penalty or
longer period of imprisonment the latter provision shall apply
SEC 8. INTENT REGARDING CHANGES TO THE STEP ACT
(a) The amendments to paragraph (4) of subdivision (b) of Section 186 22 of
time Penal Code, to delete the alternative minimum term computations and to
include enhancements in the computation ofthe term, are intended to improve
that statute by simplifying the computation procedure for the minimum term
ofthe life sentence The amendments repealing the alternative minimum term
computations in that statute shall not be given any retroactive application, and
shall not be construed to benefit any person who committed a crime orreceived
a punishment while those provisions were in effect.
(b) The amendments to subparagraph (B) of paragraph (4) of subdivision
(b) of Section 186.22, to delete the reference to Section 12022 55 and the
reference to add Section 12034, are intended to increase the punishment for
gang offenses involving shooting from a vehicle These amendments shall not
be given any retroactive application, and shall not be construed to benefit any
person who committed a crime or received a punishment while the former
version of this provision was in effect.
(c) The amendment to subdivision (g) of Section 186 22, to delete the
provision regarding the court striking the punishment for an enhancement, is
not intended to affect the court's authority under Section 1385
SEC. 9. CONDITIONAL RELEASE AND REENTRY
SEC. 9.1. Section 667 21 is added to the Penal Code, to read:
667.21 (a) Notwithstanding any other lain, no person charged with a
violent felonry described in subdivision (c) of Section 667.5 or a gang -related
felony in violation ofsubdivision (a) or (b) of Section 186 22 shall be eligible
for bail or be released on his or her own recognizance pending trial, if, at the
time ofthe alleged offense, he orshe was illegally within the Untted States. The
sheriffofthe county in which the subject is being heldshall assoon aspractical
notify federal Immigration Criminal Enfoi cement (ICE) of the person's arrest
and charges.
(b) This section shall not be construed to authorize the arrest of any person
basedsolely upon his or her alien status or for violation offederal immigration
laws.
(e) The sheriff, district attorney, and trial courts ofeach counlyshall record
the status of arty illegal alien charged, booked, or convicted ofa felony, to be
reported to the Department of Justice for inclusion in that person's criminal
history (CLETS) so that reimbursement may be sought from the federal
government for the cost of incarceration.
SEC. 9.2. Section 1319 ofthe Penal Code is amended to read
1319. (a)No person arrested for a violent felony, as described in subdivision
(c) of Section 667 5, or a serious felony, as described in subdivision (c) of
Section 1192 7, maybe released on his or her own recognizance until a hearing
is held in open court before the magistrate or judge, and until the prosecuting
attorney is given notice and a reasonable opportunity to be heard on the matter.
In all cases, these provisions shall be implemented in a manner consistent with
the defendant's right to be taken before a magistrate or judge without
unreasonable delay pursuant to Section 825.
(b) A defendant charged with a violent felony, as described in subdivision
(c) of Section 667 5, shall not be released on his or her own recognizance where
it appears, by clear and convincing evidence, that he or she previously has been
charged with a felony offense and has willfully and without excuse from the
court failed to appear in court as required while that charge was pending in all
other cases, in making the determination as to whether or not to grant release
under this section, the court shall consider all ofthe following:
(1) The existence of any outstanding felony warrants on the defendant.
(2) Any other information presented in the report prepared pursuant to
Section 1318 1 The fact that the court has not received the report required by
Section 1318,1, at the time of the hearing to decide whether to release the
defendant on his or her own recognizance, shall not preclude that release
(3) Any other information presented by the prosecuting attorney.
(c) The fudge or magistrate who, pursuant to this section, grants or denies
release on a person's own recognizance, within the time period prescribed in
Section 825, shall state the reasons for that decision in the record This
i
116 1 Text of Proposed Laws
TEXT OF PROPOSED LAWS
statement shall be included to the court's minutes. The report prepared by the
investigative staff pursuant to subdivision (b) of Section 1318.1 shall be placed
in the court file for that particular matter.
SEC. 9.3. Section 1319 5 of the Penal Code is amended to read.
13195 (a) No person described in subdivision (b) who is arrested for a
new offense may be released on his or her own recognizance until a hearing is
held in open court before the magistrate or judge.
(b) Subdivision (a) shall apply to the following -
(1) Any person who is currently on felony probation or felony parole.
(2) Any person who has failed to appear in court as ordered, resulting in a
warrant being issued, three two or more times over the three years preceding
the current arrest, except for infractions arising from violations of the Vehicle
Code, and who is arrested for any of the following offenses.
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement and
Prevention Act (Chapter l l (commencing with Section 186.20) of Title 7 of
Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of
Part 1 (assault and battery).
(D) A violation of Section 484 (theft)
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been armed with
or to have personally used a firearm
SEC 9,4 Section 3044 5 is added to the Penal Code, to read
30445 (a) The Division gfAdult Par ole Operations staff .shall report to
the Board of Parole Hearings any parolee who is reasonably believed to have
engaged in the following kinds of behavior .
(1) Any conduct described In subdivision (c) of Section 6675, any conduct
described in subdivision (c) of Section 1191.7, or any assaultive conduct
resulting in serious injury to the victim.
(2) Possession, control, use of, or access to any firearms, explosives, or
crossbow orpossession at- any use of a weapon as specified in subdivision (a)
of Section 11010, or any knife having a blade longer than two inches, except as
provided In Section 1512 of Title 15 of the California Code of Regulations.
(3) Involvement in fraudulent schemes involving more than one thousand
dollars ($1,000).
(4) Sale, transportation, or distribution ofany narcotic or other controlled
substances as defined in Division 10 (commencing with Section 11000) of the
Health and Safety Code.
(5) A parolee whose whereabouts are unknown and has been unavailable
for contact,for 30 days
(6) Any other conduct or pattern ofconduct in violation ofthe conditions of
parole deemed sufficiently serious by Division of Adult Parole Operations
staff,' including repetitive parole violations and escalating criminal conduct.
(7) The refitsal to sign any form required by the Department of Justice
explaining the duty of the person to register under Section 190.
(8) The failure to provide two blood specimens, a saliva sample, right thumb
print impressions, and full palm print impressions of each hand as provided in
Sections 295 through 300.3, requiring specified offenders to give samples
before release.
(9) The failure to register• as provided in Section 290, if the parolee is
required to register.
(10) Thefailuie to sign conditions ofparole
(11) Violation of the special condition prohibiting any association with any
member of a prison gang, disruptive group, or criminal street gang activity, as
enumerated in .subdivision (e) of Section 18611, if that condition was
imposed.
(12) Violation of the special condition prohibiting any association with any
member of a pt Ison gang, disruptive gi oup, or ci iminal stn eel gang, as defined
in subdivision (e) of Section 2513 of Title 15 of the California Code of
Regulations, or the wearing or displaying of any gang colors, .signs, symbols,
or paraphernalia associated with gang activity, if that condition was
imposed.
(13) Violation of the special condition requiring compliance with any gang -
abatement injunction, ordinance, or court order, if that condition was
imposed.
(14) Conduct indicating that the parolee's mental condition has deteriorated
such that the parolee is likely to engage inn future criminal behavior.
(15) Violation of the residency restrictions set forth in Section 3003.5 for
par olees required to register as provided in Section 290.
(b) For any parolee whose commitment offense is described in subdivision
(c) of Section 667.5, or subdivision (c) of Section 1192.7, the Division ofAdull
(PROPOSITION 6 dONTINUED)
Parole Operations shall report to the board any parolee whose conduct is
reasonably believed to include the following kinds of behavior:
(1) Any behavior listed in subdivision (a)
(1) Any violent, assaultive, and or criminal conduct involvingfrrearms.
(3) Any violation of a condition to abstain from alcoholic beverages
(c) The mandatory reporting requirements enumerated in subdivisions (a)
and (b) shall not preclude discretionary reporting of any conduct that the
parole agent, unit supervisor, or district administrator feels is si ficiently
serious to report, regardless of whether the conduct is being prosecuted in
court.
(d) The board, as soon, as practicable, shall require that all reports i equired
by this section are transmitted electronically and that i eports involvinggang,
fir•ew in, and violent felonies are given appropi rote priority.
SEC. 9 5. Section 5072 is added to the Penal Code, to read -
5072. (a) There is hereby established in the State Treasury the Parolee
Reentry Fundfor the purpose of fu nding contracts for parolee mentoring and
workforce preparation programs to be awarded by the Secretary of the
Department of Corrections and Rehabilitation. Recipients shall be required to
have extensive expertise in designing, managing, monitoring, and evaluating
mentoring, workforce, and comprehensive programs specific to parolees,
including demonstrated evidence of an effective prisoner reentry program
model. For purposes of awarding contracts, contract recipients are required
to have extensive related experience working with federal, stale, or local
government agencies.
(b) The purpose of these programs is to target critical funding to assist and
prepare offenders for return to their communities in an effort 16 reduce
recidivism rates and the high costs and threat to public safety associated with
the prevalent cycle of incarceration, release, and return to prison. The
programs are also intended 10 provide support, opportunities, mentoring,
education, and training to offenders ori parole. Parameters of the programs
shall be asfollows-
(1) The programs shall focus on helping parolees make and sustain long-
term attachments to the workforce.
(1) The programs shall offer parolees critical support services and referral
for housing, addiction, and other services through a case management
component. The program will also offer opportunities for positive social
support thr ough a mentoring component.
(3) The secretary may authorize programs that employ daily check-in
facilities, GPS devices, voiceprints, or other technologies to monitor the daily
activities of parolee participants, especially those who are not actively
employed or participalmg in classes.
(c) The sum oftwenty million dollars ($20,000,000) is hereby appropriated
from the General Fund to the Parolee Reentry Fund far the 1009-10 fiscal
year and annually thereafter, adjusted for cost of living changes pursuant to
the California Consumer Price Index.
(d) It is the intent of the people that emphasis be placed upon programs that
provide public safety through aggressive. supervision ofparolees An offender's
conduct during the months immediately following release from prison are of
critical importance and generally determine whether he or she will return to
custody Parolees must be subject to conditions that include, at a minimum, the
slate's right to conduct warrantless searches. Programs that help monitor or
assist parolees, including GPS, job training, mentoring, and education
programs offer substantial promise but cannot be effectively implemented by
parole agents who are routinely burdened by caseloads of 100 or more
parolees per agent.
(e) Accordingly, the department shall, within six months of the effective date
of this act, adopt a public plan designed to recruit and train sufficient parole
agents to reduce aver age caseloads below 50 parolees per agent with lower
ratios for .rex offenders, gang offenders, and other high -control groups. The
overall caseload ratio shall be calculated based upon total parolees and total
parole agents applying the same definitions crnd parole periods in place daring
the 1006-07 base year•. The plan shall be fully implemented no later than
December 31, 2010.
SEC. 10. LAW ENFORCEMENT RESOURCES
SEC. 10.1. Section 30061.1 is added to the Government Code, to read:
30061.1. (a) There is hereby created in the State Treasury the Citizens
Option for Public Safety Fund (COPS), which may be allocated only for the
purposes specified in this section.
(b) The sum of five hundred million dollars ($500,000,000) is hereby
appropriated from the General Fund to the COPS Fund for the 1009-10 fiscal
year, and annually each fiscal year thereafter, adjusted for cost of living
pursuant to the California Consumer Price Indexfor thepurpose pose ofsupporting
Text of Proposed Laws 1 117
TEXT OF PROPOSED LAWS
local public safety, antigang, andluvenilelustrce programs.
(c) Of the amount appropriated to the COPS Fund, one-half shall be
transferred by the Controller to local lur isdictions through each county's
Supplemental Law Enforcement Services Fund (SLESF) for support of
programs authorized by Section 30061 as of July 1, 2007, for the 2009-10
fiscal year, and annually each fiscal year thereafter.
(d) Of the amount appropriated to the COPS Fund, one-half shall be
transfer red by the Controller to the Safe Neighborhood Fund for the 2009-10
fiscal year, andannually each fiscal year thereafter, for public safety, antigang,
and other programs newly author ized pursuant to Section 30061.15 These
funds shall be distributed in accordance with the provisions of the act that
added this section.
SEC 10 2. Section 30061.15 is added to the Government Code, to read:
3006115 (a) There is hereby created in the State Treasury the Safe
Neighborhood Fund. Funds may only be distributed far thepurposes poses specified
in this section All funding in this section shall be distributed according to the
pro rala share of population as established annually by the Department of
Finance, unless otherwise stated.
(b) The Comprehensive Safe Neighborhood Plan is hereby established to
assist local law enforcement and communities throughout the state with a
combination of programs that augment local enforcement and early
intervention capacity and create regional and statewide antigang networks in
order to deter crime, as well as enforce the law, as follows:
(1) Twelve percent of the Safe Neighborhood Fund shall be annually
allocated by the Conti oiler to city uniformed law enforcement agencies to be
used to target violent, gang, firearm, and other street crimes. The funds shall
be distributed on a pro rata basis based upon the population of each city as
determined by the Department of Finance. The funds allocated 10 each city
shall be used to enhance uniformed law enforcement within the recipient city
(2) Ten percent ofthe Safe Neighborhood Fund shall be annually allocated
by the Controller to county district attorneys to suppoi r violent felon, gang,
and car lhef ver tical prosecution, to be deposited in each county's SLESF
Recipients are encouraged to expend a portions of the funding received
pursuant to this subdivision, not to exceed 2 percent ofa recipient's allocation,
for trainingprosecutors in the effective useofthe Street Terrorism Enforcement
and Prevention (STEP) Act in gang prosecutions.
(3) Six percent ofthe Safe Neighborhood Fund shall be annually allocated
by the Controller to the Office of Public Safety Education and Lsfoi motion to
support mulliagency, regional gang task forces and for statewide gang
enforcement training programs for uniformed police and sheriffs.
(4) Eight percent of the Safe Neighborhood Fund shall be annually allocated
to county sher jfs, and midsized cities with populations under 300, 000 who are
not currently eligibleforthe minimumgrant ofone hundred thousand dollars
($100,000) under Section 30061, to address enforcement problems common to
small, midsized and fast growing communities so that they can more actively
participate in county, regional, and statewide enforcement activities and
programs to be distributed as follows.
(A) Two and thirty-two hundredths percent ofthe Safe Neighborhood Fund
shall be distributed in equal amounts to county sheriffs
(B) Five and sixty-eight hundredths percent ofthe Safe Neighborhood Fund
to midsized cities, as defined in this paragraph, in pr o rata shay es based upon
each city's population as determined by the Department of Finance.
(5) One percent of the Safe Neighborhood Fund shall be annually allocated
by the Controller to the Office of Public Safety Education and Informatiorn for
the purpose of distributing to cities that actively enforce civil gang
ityuncirons
(6) Twenty-six percent ofthe Safe Neighborhood Fund shall be annually
allocated by 1he Controller to each participating county probalion department
according to its pro rata share of the population as follows:
(A) Twenty percent of the Safe Neighborhood Fund shall fund county
probation programs to alleviate existing probation caseloads and to provide
intensified supervision for adult offenders on probation.
(B) Six percent of the Safe Neighborhood Fund shall find task forces to
conduct searches of high-risk pr obationers to ensure compliance with their
conditions ofprobatmn. Each participating county shall establish a Developing
Increased Safety through Arms Recovery Management (DISARM) Team
comrpri.sed of the county sheri at least one police chieffr•om a city within the
county, the district attorney, and the chiefprobatiorn officer, andshall establish
strategies, standar ds, and procedures to assist probation officers in removing
firearms from high-risk probationers by ensuring compliance with their
conditions of probation. For purposes of this subdivision, high-risk
probationers shall include, but not be limited to, persons with at least one
118 1 Text of Proposed Laws
(PROPOSITION 6 CONTINUED)
conviction for any of thefollowing ci imes-
(i) Assault with a deadly weapon, as defined in Section 245 ofthe Penal
Code.
(n) Attempted murder, as defined in Section 664 ofthe Penal Code
(iii) Homicide, as pi ovided in Chapter I (commencing with Section 187) of
Title 8 of Porr I ofthe Penal Code.
(iv) Robbery, as provided in Sections 211, 212, 213, and 214 of the Penal
Code.
(v) Criminal street gang crimes as described in Section 186.22 ofthe Penal
Code.
(7) One percent ofthe Safe Neighborhood Fund shall be annually allocated
by the Controller to support the California Early Intervention, Rehabilitation,
and Accountability Commission authorized pursuant to Section 13921.
(8) Ten percent ofthe Safe Neighborhood Fund shall be annually allocated
by the Controller to county sherds to support the construction and operation
ofjails to be deposited in each county's SLESF
(9) Four percent ofthe Safe Neighborhood Fund shall be annually allocated
by the Controller to the Department of Justice to support the California
Witness Protection Program, or any successor program, created pursuant to
Section 14020 ofthe Penal Code
(10) Tivo percent ofthe Safe Neighborhood Fund shall be annually allocated
by the Controller to the Office of Public Safety Education and Information,
which shall contract with the Department of Justice or other California
enforcement agency to develop and implement a secure statewide gang data
warehouse system that shall interface with the current state Cal -Gang database
to provide a gang information sharing database system available to local,
state, and federal law enforcement agencies to better target and prosecute
gang crime After the first year, the Office of Public Safely Education and
Information shall allocate two million dollars ($2,000,000) each year to
support and maintain this system and three million dollars (53,000,000) each
year to regional gang informational resoun ce centers to help offset the costs of
personnel who will staffthese resource centers
(11) (A) Six percent of the Safe Neighborhood Fund shall be annually
allocated by the Controller to cotintles for the purchase of Global Positioning
System (GPS) tracking equipment to be used for monitoring high-risk
individuals, in cluding gang offenders, violent offenders, and sex offenders.
(r) Participating counties must submit to the Controller, no later than May
I prior to the fiscal year in which funding is sought, a resolution adopted by
the county board ofsupervisors requesting the amount sought to be used by the
county sherior probation department to purchase and monitor GPS tracking
equipment.
(it) Funds shall be distributed to each participating county based on the
sum requested by that county or that county's pro rata share of the total
population of all participating counties, whichever is less.
(iii) If the total funds distributed is less than the annual allocation, the
remainder shall be distributed to participating counties that sought a greater
amount on the same basis as the initial distribution until the allocation is
exhausted or all county requests have been honored
(B) The cost of monitoring any offender who is subject to GPS tracking
under conditions imposed by the state parole authority shall, for the duration
of the GPS monitoring period, be a slate expense. Any requirement that a
county or local government monitor such an offender shall constitute a fully
rermbrasable slate mandate.
(12) Fourpercenl ofthe Safe Neighborhood Fundshall be annually allocated
by the Controller to multiagency narcotic lask forces with an emphasis on
those taskforces focusing on border interdiction Eligible taskforces (police
and sheriffs) may be formed pursuant to this subdivision or may preexist,
provided that only mullilurisdictional task forces that do not restrict agency
participation or leadership roles shall receive funding
(13) Six percent of the Safe Neighborhood Fund shall be annually allocated
by the Controller to the Office of Public Safety Education and Information for
the purpose of disseminating criminal justice information to the public and
administering public safety prograins pun suant to Section 14260 of the Penal
Code
(14) Four percent ofrhe Safe Neighborhood Fund shall be annually allocated
by the Controller to the Office of Pubhc Safety Education and Information for
the purpose of matching local expenditures to fund law enforcement -run
juvenile recreational and community service programs Any sheriff's
department, police department, or regional association of such agencies may
apply for grantfinding to administer a juvenile recreation program with an
emphasis on sports, education, and community service Eligible programs
must be administered by peace officers and require an equal match of local
TEXT OF PROPOSED LAWS
funding or in-kind services. The local match requirement may be met by the
value of locally dedicated facilities of officer services or through charitable
contributions. Priority shall be given to programs that provide services for
at -risk juvenile populations, create alternatives to criminal street gang
involvement, and ensure a long-term local commitment. Grants may be made
forper•rods ofupto 10year•.s.
SEC. 10.3. Section 30062.1 is added to the Government Code, to read:
30062.1. (a) There is hereby established the Safe Neighborhoods
Compliance Enforcement Fund in !Xe State Treasury to augment local
government efforts to ensure that occupants ofresidential housing units pard
for by vouchers issued pursuant to Section 8 of the United States Housing Act
of 1937 (Section 1437f of Tdle 42 of the United States Code) comply with the
regulations issued pursuant thereto and with the conditions of their publicly
fitnded tenancies
(b) The fiend shall be administered by the OJf ce of Public Safety Education
and Information (OPSE), which shall match qualified increases in local
agency expenditures to enhance regulatory capacity The objective of this
funding is to eliminate public funding of tenancies that are occupied by
individuals who are involved in illegal gang, drug, or other criminal activity
so that limited public resources can be used to assist law-abiding families in
need ofsafe housing
(c) There is hereby appropriated front the General Fund to the Safe
Neighborhoods Compliance Enforcement Fund ten million dollars
(310,000,000) for the 1009-10fi.scal year and annually thereafter, adjusted
for cost of living changes pursuant to the California Consumer Price Index.
(d) Every governmental agency authorized to enforce compliance with
occupancy requirements of vouchers purstiant to Section 8 of the United States
Housing Act of 1937 may apply for a matching grant from the Safe
Neighborhoods Compliance Enforcement Fund as follows.
(1) No later (hair March 30, 2009, attd each year thereater, each applicant
agency .shall submit to the Ogice of Pubhc Safety Education and Information
a requestforfunding documenting thefollowing in order to be eligible•
(A) The source of the agency's regulating authority.
(B) The amount and source of the local agency's new funding or additional
in-kind services, which shall match in equal dollar amount the grant sought
Jrom the Safe Neighborhoods Compliance Enforcement Fund.
(C) The additional personnel, equipment, or compliance enforcement
pi ocedur•es, to be financed by the grant funds.
(D) The number of vouchers pursuant to Section 8 of the United States
Housing Act of 1937 issued within the agency's jurisdiction.
(E) The agency's process for ensuring that all occupants of Section 8
tenancies within the agency's jurisdiction are subject to a criminal background
check at least once each year
(2) No funds shall be awarded unless the criteria in paragraph (1) are met.
(e) (1) The Office ofPublic Safety Education and Information shall, on or
before June 30, 2009, and each year thereafter, following the deadline for
grant applications tabulate the total number ofvoucheispursuant to Section 8
of the United States Housing Act of 1937 issued by all of the applicant agencies
and shall assign to each agency a numerical faclor (percentage) representing
its proportionate share of the total number of vouchers pursuant to Section 8
of the United States Ifousing Act of 1937 issued by all applicant agencies.
(2) Each agency that timely complies with eligibility conditions and the
application process shall be issued a 50 percent matching grant up to that
percentage oj' the annual fund appropriation, which equals the agency's
proportionate juris•dictional.share (numei ical jactor) ofall vouchers pursuant
to Section 8 of the United Slates Housing Act of 1937 as calculated pursuant to
subdivision (d).
(3) In the event that available funding is not exhausted pursuant to
paragraph (1) of subdivision (d) the process shall be repeated so that each
agency,that has sought o grant greater in proportion to its percentage of total
vouchers calculated pursuant to paragraph (I) shall parlreipale in a second or•
subsequentpool
(n The Oflice of Public Safety Education and Information may use up to 3
percent of the total funding for necessary administration of the fund and
oversight of recipient programs
SEC 10.4 Section 4004 6 is added to the Penal Code, to read
40046 (a) This section applies to any county in which any ofthe following
is true
(1) The courtly is subject to federal court orders imposing population caps,
or is subject to a self-imposed population cap
(1) The county is releasing inmates early to avoid overcrowding exceeding
90 percent oflarl capacity
(PROPOSITION 6 CONTINUED)
(3) The county has exceeded 90 percent of jail capacity on one at- more
occasions during each ofsix consecutive months.
(b) The sherioj any county described in subdivision (a) at-, in the case of
Madera, Napa, and Santa Clara Counties, the board of supervisors at- the
Director of Corrections, shall, following a resolution adopted after notice and
public hearing by the county board of supervisors, be authorized to employ
and operate housing facilities that meet local health and safety codes for
residential occupancy, and are deemed secure, as temporaryjails or treatment
facilities. Nothing in this section shall be construed to authorize the use of
noncounly employees to staff ternnporaryjail or treatment facilities. Facilities
located within incorporated areas shall in addition requite a resolution
adopted by the city council.
(1) No inmate shall be housed its a temporaryjail or ti•eatment facility jot• a
period exceeding 90 days based on a single sentence.
(2) Determinations regarding the placement of inmates and the security of
jail facilities shall be made exclusively by the county sheriupon consultation
with the boar d ofsupervisors.
(3) The provisions of this act shall not be construed to limit or preclude any
sher• ff or, in the case of Madera, Napa, and Santa Clara Counties, the boar d
of supervisors or the Director of Corrections, from employing lawfully
authorized early release, electronic monitoring, or work release programs as
necessary.
(4) Notwithstanding any other law or regulation, the use of an emergency
jail facility authorized tinder this section is a discretionary act and shall not
form the basis for civil liability on the part of the sheriff, the sheriff's
depar tment, or the county or municipality within which the facility is located.
(5) Any inmate who escapes from a temporary jail facility or other
alternative housing facility shall, in accordance with current law, be in felony
violation ofSeclion 4531.
(e) In the event the condition constituting an emergency under this section
is remedied and the total population ofjail inmates within the subject county
remains below 80 percent of permanent authorized capacity for 12 consecutive
months, the sher, ff or, in the case of Madera, Napa, and Santa Clara Counties,
the board of supervisors or the Director of Corrections, .s/gall, within a
reasonable period of rime, cease to admit inmates to emergency facilities at -
bring such facilities into compliance with all applicable laws and i egulalions
for permanent inmate housing
(d) The population ofjail inmates shall, for purposes of this section, include
any parole violators held in county jail facilities under contract with the
Department of Corrections and Rehabilitation.
SEC. 10.5. Section 14175 of the Penal Code is repealed.
14175. Tlitstttleshalibecernet,toperattoeonjulyl,2009,ttndiarepettied
as ofinnamy 1. 2010, unless a latm enacted statute, WhiCh IS criacted before
januat y 1, 2010, deletes ot extends that date.
SEC 10.6 Section 14183 of the Penal Code is repealed.
W83 This title sludib=oIne incipriative on itily 1, 2010, and istepeal
JalittaLy 1, 2011, deletes OL extends those dates
SEC i1 FUNDING OF EXISTING PROGRAMS
The following existing programs shall be funded at or above the level of
funding they received in the Budget Act of 2007:
(1) Jail Efficiency Fund as established under Item 9210-105-0001
(2) California Multi -Jurisdictional Methamphetamine Enforcement Team
(CAL-MMET) program under Item 0690-101-0001.
(3) Central Valley Rural Crime Prevention Program established in Chapter
497 of the Statutes of 2005.
(4) Central Coast Rural Crime Prevention Program established in Chapter
18 of the Statutes of 2003.
(5) Juvenile Probation Camp Funding under Item 5225-101-0001, Schedule
SEC 12. INTENT REGARDING EXISTING PROGRAMS
it is the intent of the people that the adoption of the Safe Neighborhoods Act
shall elevate public safety as a statewide priority and limit volatility in the
funding of law enforcement and complementary programs of crime deterrence
and offender rehabilitation. All too often, short-term economic problems and
a multitude of competing interests cause promising programs of deterrence
and law enforcement to come to an end or force public safety agencies to work
without adequate personnel or equipment. Under the best of circumstances,
California police, sheriffs, and correctional officers are faced with much
highercaseloads than their counterparts in other parts of the country. Providing
our public safety agencies authorization to enforce the law and deter crime is
meaningless if these agencies are not provided resources commensurate with
Text of Proposed Laws 1 119
TEXT OF PROPOSED LAWS (PROPOSITION 6 CONTINUED)
their authority Authorizing additional resources to combat methamphetamine
interdiction will prove illusory if the recipient agencies simultaneously lose
funding to combat street gangs and firearm violations Accordingly, this act is
designed to protect both new and existing programs and resources and to
subject all ofthe enumerated programs to greaterpublic scrutiny The objective
is to establish a higher commitment to both crime deterrence and enforcement
and to sustain that level of commitment.
SEC. 13. EDUCATION FUNDING GUARANTEE
No provision within this act shall be construed to alter the calculation of the
minimum state obligations under Section 8 of Article XVI of the California
Constitution, nor diminish the actual state and local support for K-14 schools
required by law except as authorized by the Constitution.
SEC. 14. INTENT REGARDING VOTER -APPROVED DRUG
TREATMENT
No provision of this act shall be construed to change the eligibility of any
person to participate in a voter -approved drug treatment program.
SEC. 15. NON -SUPPLANTATION CLAUSE
The funding authorized and/or made permanent under this act shall
supplement and enhance the resources and capacity of public safety agencies
and programs throughout California and, accordingly, the state, or any city,
county, city and county, or other political subdivision is prohibited from
reducing the level of funding received by any recipient agency or program
below that amount received during the higher of the 2007-08 or the 2008-09
fiscal year so as to supplant or offset in whole or in part the enhanced level of
funding authorized by this act.
SEC 16. FUNDING FLOOR NOT CEILING
Nothing in this act shall preclude the Legislature from increasing or
authorizing public safety appropriations greater than, or in addition to, those
approved under this act.
SEC. 17 FUTURE FUNDING CLAUSE.
Notwithstanding Section 13340 of the Government Code, any moneys
allocated and appropriated under this act that are not encumbered or expended
within any applicable period prescribed by law shall, togetherwith the accrued
interest on the amount, revert to and remain in the same account for
encumbrance and expenditure for the next fiscal period. If any recipient
program ceases to require funding authorized under this act or if such funds
remain undistributed to eligible agencies for a period of two fiscal years after
authorization, those funds shall revert to the General Fund.
SEC 18 CONFLICTING BALLOT MEASURES
In the event that this measure relating to strengthening our communities by
increasing prison sentences on violent offenders and criminal street gang
members, or any other measure that reduces criminal penalties or authorizes
early release of inmates, is approved by a majority of voters at the same
election, and this measure receives a greater number of affirmative votes than
any other such measure or measures, this measure shall control in its entirety
and conflicting provisions in the said other measure or measures shall be
rendered void and without any legal effect If this measure is approved but does
not receive a greater number of affirmative votes than said other measure or
measures, this measure shall take effect to the extent permitted by law.
SEC 19 STATUTORY REFERENCES
Unless otherwise indicated, all references within this act to a statute shall
be construed to reference the statute as it existed on January I, 2008.
SEC 20. SEVERABILITY CLAUSE
If any provision of this act, or part thereof, is for any reason held to be
invalid or unconstitutional, the remaining provisions shall not be affected, but
shall remain in full force and effect, and to this end the provisions of this act
are severable
SEC. 21. AMENDMENT CLAUSE
The provisions of this act shall not be amended by the Legislature except by
a statute passed in each house by rollcall vote entered in the journal, three-
fourths of the membership of each house concurring, or by a statute that
becomes effective only when approved by the voters. However, the Legislature
may amend the provisions of this act to expand the scope of their application
or to increase punishments or penalties provided herein by a statute passed by
majority vote in each house thereof.
PROPOSITION 7
This initiative measure is submitted to thepeople ofCalifornia in accordance
with the provisions of Section 8 of Article Il of the California Constitution
This initiative measure amends sections of the Public Utilities Code and
120 1 Text of Proposed Laws
amends and adds sections to the Public Resources Code, therefore, existing
provisions proposed to be deleted are printed in sh-keevt–type and new
provisions proposed to be added are printed in italic type to indicate that they
are new
PROPOSED LAW
THE SOLAR AND CLEAN ENERGY ACT OF 2008
SECTION 1. TITLE
This measure shall be known as "The Solar and Clean Energy Act of
2008 "
SEC. 2 FINDINGS AND DECLARATIONS
The people of California find and declare the following.
A. Global warming and climate change is now a real crisis. With the polar
ice caps continuing to melt, temperatures rising worldwide, increasing
greenhouse gases, and dramatic climate changes occurring, we are quickly
reaching the tipping point. California is facing a serious threat from rising sea
levels, increased drought, and melting Sierra snowpack that feed our water
supply. California needs solar and clean energy to attack the climate changes
which threaten our state.
B. California suffers from drought, air pollution, poor water quality, and
many other environmental problems Very little has been done because the
special energy interests block change. Californians must take energy reform
into their own hands. The alternative to dirty energy is solar and clean
energy.
C California can provide the leadership needed to attack global warming
and climate change.
D. The Solar and Clean Energy Act will help reduce air pollution in
California With this initiative, we can help clean up our air and build a
healthier, cleaner environment for our children.
E Our traditional sources of power rely too much on fossil fuels and foreign
energy that are getting more and more expensive and less reliable, This
initiative will encourage investment in solar and clean energy sources that in
the long -run are cheaper and are located here in California, and in the short-
term, California's investment in solar and clean energy will result in no more
than a 3 percent increase in electric rates—a small price to pay for a healthier
and cleaner environment.
F. The Solar and Clean Energy Act will put California on the path to energy
independence by requiring all electric utilities to produce 50 percent of their
electricity from clean energy sources like solar and wind by 2025. Right now,
over 22 percent of California's greenhouse gases comes from electricity
generation but around 10 percent of California's electricity comes from solar
and clean energy sources, leaving Californians vulnerable to high energy
costs, to political instability in the Middle East, and to being held hostage by
big oil companies.
G. The Solar and Clean Energy Act encourages new technology to produce
electricity. Many people are familiar with the solar power that comes from
panels that can be placed on rooftops, but there is dramatic new technology
that allows solar energy to be generated from concentrations of solar mirrors
in the desert. These mirrors are so efficient that a large square array, eleven
miles on a side, may be able to generate enough electricity to meet all of
California's needs and at a lower cost than we are paying today. The desert
could lead us to energy independence
H. The current law says we are supposed to have 20 percent solar and clean
energy but we are still at around 10 percent and even big government-owned
utilities like those in Los Angeles and Sacramento lobbied successfully to
exempt themselves from the law The Solar and Clean Energy Act provides
incentives, tough standards, and penalties for those who do not comply.
1. The Solar and Clean Energy Act will benefit California's economy
Building facilities for solar and clean energy sources and transmission lines to
transport that electricity will create good jobs that pay the prevailing wage.
These jobs will bring new investments and new jobs to California ands
strengthen California's economy
J. Global warming and California's reliance on fossil fuels and foreign
energy are a matter of statewide concern, as is the implementation of statewide
standards for the sources of electricity production and the permitting of solar
and clean energy plants and related transmission facilities Accordingly, the
people find that these matters are not municipal affairs, as that terns is used in
Section 5 of Article XI of the California Constitution, but are instead matters
of statewide concern
SEC. 3. PURPOSE AND INTENT