2018 Brings lots of new California laws

Guns, Pets and Pot

12-15-2017


From ABC7

Hundreds of new laws are going into effect in California when the clock strikes midnight this new year.

The laws will increase the minimum wage, give new parents more time to bond with their children and increase punishment for sexual extortion.

Here is a look at just some of the new laws.

Marijuana


Prop 64: Recreational Use of Marijuana

Gov. Jerry Brown signed 859 bills into law in the past few months, but the one getting the most attention is one approved by voters. Proposition 64 legalized the recreational use of marijuana in November of 2016. However, retail sales of recreational marijuana were not allowed until Jan. 1, 2018. In the new year, Californians age 21 and over can buy up to one ounce of marijuana (28.5 grams) and ounce of concentrates (8 grams). Keep in mind that not all cities and counties will allow retail sales of marijuana. Sales can only take place in businesses registered with the state.

SB65: Marijuana Use in Cars

Expands existing laws that control the use of alcohol in cars to include the use of marijuana. This law makes it illegal to smoke or ingest marijuana while driving or while riding as a passenger in a vehicle.

Workplace


SB3: Minimum Wage

The state’s lowest paid workers are getting a pay increase of 50 cents an hour. On Jan. 1, California’s minimum wage will increase to $11 per hour for companies with 26 or more employees and to $10.50 an hour for businesses with 25 or fewer employees. An employee must make at least $45,760 a year to be exempt from the minimum wage increase.

SB63: New Parent Leave

Provides up to 12 weeks of unpaid maternity or paternity leave for new parents (including adoptions and foster care) who work for companies with 20 or more employees. It also protects new parents from losing job and health care benefits during time off.

AB168: Salary History and Pay Scales

Prohibits employers from seeking or asking about a job applicant’s salary history, compensation or benefits. It also requires employers disclose pay scales for a position if it is requested by a job applicant.

AB1008: Ban the Box Law

Expands the state’s current “Ban the Box” law to prohibit businesses with as few as five employees from asking about a job applicants criminal history.

Immigration


SB54: Sanctuary State

Restricts local law enforcement agencies from communicating with federal immigration authorities about people in custody, except those previously convicted of felonies in the past 15 years.

SB29: Immigration Detention Centers

Prohibits new contracts between local governments and corporations that run immigration detention centers.

AB450: Worksite Immigration Enforcement

Prohibits employers from providing federal immigration agents access to nonpublic areas of a work site unless they have a judicial warrant. Also prohibits employers from providing employee records to immigration agents unless there is a subpoena or judicial warrant.

AB699 & AB21: Student Immigration Status

Prohibit public schools, including community colleges, California State University and University of California campuses from collecting information about student citizenship or immigration status and that of their families.

Pets


AB1491: Rent to Own Pets

Prohibits deceptive rent-to-own or leasing contracts for pet dogs or cats that do not immediately transfer ownership of the animal to the purchaser.

AB1137: Pets Housing

Tenants in new housing developments will be allowed to have one or more pets in their home if the development receives financing through state programs.

Guns


AB693: Ammunition Sales

Ammunition purchases will have to be made in person through an authorized vendor. Anyone wishing to transfer ammunition must also do it through a licensed dealer. Online sales are still allowed, but the ammunition must be shipped to a licensed vendor.

AB7: Open Carry Guns

Closes a loophole in existing laws to prohibit gun owners from carrying unloaded shotguns or rifles in unincorporated areas of a county where there is a shooting ban.

Education


AB19: Community Colleges
Waives tuition fees for one academic year to first-time students who are enrolled in 12 or more semester units and qualify for aid under a FAFSA or California Dream Act application.

AB830: High School Exit Exam

California scrapped the high school exit exam in 2015. This law permanently eliminates it as a condition of graduation.

Health


AB10: Feminine Hygiene

Requires public middle and high schools with a high percentage of low-income students to provide free feminine hygiene products in half of the school’s bathrooms.

AB1303: Window Tinting

Drivers with certain medical conditions will be allowed to tint vehicle windshields and front and rear windows. A dermatologist certification will be required to show the driver has a medical condition, such as Lupus, that makes them sensitive to ultraviolet rays.

SB575: Medical Records

Allows low-income Californians to receive copies of their medical records at no cost when applying for public benefit programs such as Medi-Cal, CalWORKs, CalFresh and veterans benefits.

Sex Crimes


SB500: Sexual Extortion

Expands existing extortion laws to punish perpetrators who obtain sexually explicit images of someone and threaten to distribute them unless the victim provides more sexually explicit images or performs sexual acts.

SB597: Safe at Home

Safe at Home already offers victims of domestic violence, sexual assault and stalking a free post office box, mail forwarding service and a confidential address to ensure their safety. This new law would expand the program to include victims of sex trafficking.

But, not all new laws waited until 2018 to go into effect.

The state’s gas tax went up 12 cents per gallon on Nov. 1, 2017, to pay for pothole repairs and improve public transit.

Some laws will take longer to be implemented, like SB179, which will allow Californians to choose their sexual identity on their driver’s license as either female, male or nonbinary, and AB485, which will require that stores only sell animals that come from rescue organizations.

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CALIFORNIA SHERIFFS APPEAL TO THE FEDS FOR HELP IN THE SANCTUARY STATE STATUS…….

THE FEAR IS GANGS LIKE MS-13 WILL

HAVE A SAFE HARBOR IN CALIFORNIA

10-10-2017


California’s sheriffs are calling on the GOP-controlled Congress to intervene and pass a federal law to change the state’s sanctuary state status, warning the law that ties their hands too tightly will only increase the chances of another high-profile tragedy.

The sanctuary state law, which Gov. Jerry Brown (D.) signed Thursday but doesn’t go into effect until January, is the most far-reaching of its kind in the country and places sharp limits on how local law enforcement agencies can communicate with federal immigration authorities.

It would also make it a crime to enforce federal immigration laws on the premises of all schools, hospitals, libraries, and courthouses in state, which is home to an estimated two million immigrants.

Making the entire state a sanctuary for illegal immigrants is California’s latest salvo in its war with President Donald Trump over immigration policy, but law enforcement officials say it’s the state’s citizens who will pay the price with higher crime rates and avoidable tragedies.

SHERIFFS ASSN

National Sheriffs’ Association Executive Director and CEO Jonathan Thompson said Thursday that sheriffs across the country are deeply “saddened and disappointed” that the governor signed this “reckless” bill into law.

“It is unfortunate that California’s law enforcement has become pawns in this political game, but they will continue to do their jobs diligently to protect their communities,” he said

“We also implore leaders in Washington to take action and pass sensible legislation that would prevent careless legislation from hamstringing law enforcement and would give them the tools to combat dangerous policies like this.”

Most of the state’s sheriffs argue that the law limits their ability to remove dangerous, repeat offenders from their communities.

They remain concerned despite late changes that Gov. Brown helped negotiate that would grant police the ability to inform Immigration and Customs Enforcement (ICE) officials of violent felon’s police have taken into custody.

Sheriffs said the law would prevent police from notifying ICE of self-admitted members of MS-13 or other gangs if they were arrested for misdemeanor crimes such as assault and battery, possession of narcotics, being under the influence of narcotics, or driving without a license.

“If a gang member is arrested or charged with misdemeanor or a felony that is not covered by the law, we would be precluded from contacting ICE,” California State Sherrifs’ Associate President Bill Brown told the Washington Free Beacon.

“My concern is that, statewide, we’re going to have this issue—that you end up with a known gang member in custody for a particular crime that is not covered and we wouldn’t be able to make that notification.”

Police also worry that the law is too light on illegal immigrants who have been arrested for drunk driving. Police can only call federal immigration authorities if they arrest an illegal immigrant with a violent felony on his or her record. In California, a person must be convicted four times in a decade for it to be considered a felony, law enforcement sources said.

KATE STEINLE

They have repeatedly predicted that the law will open the door to another high-profile tragedy similar to Kathryn “Kate” Steinle’s death in 2015 at the hand of an illegal immigrant who had been deported a total of five times.

Attorney General Jeff Sessions is trying to stop other cities and states from following California’s lead.

“The State of California has now codified a commitment to returning criminal aliens back onto our streets, which undermines public safety, national security, and law enforcement,” said Justice Department spokesman Devin O’Malley.

New Bill Ends Lifetime Registration for Some Sex Offenders

Gov. Brown Signs Bill (SB384)

10-7-2017


Thousands of Californians will be allowed to take their names off the state’s registry of sex offenders as a result of action Friday by Gov. Jerry Brown.

Brown signed legislation that, when it takes effect Jan. 1, will end lifetime listings for lower-level offenders judged to be at little risk of committing new crimes.

The measure was introduced at the request of Los Angeles County Dist. Atty. Jackie Lacey and other law enforcement officials who said the registry, which has grown to more than 105,000 names, is less useful to detectives investigating new sex crimes because it is so bulky.

“California’s sex offender registry is broken, which undermines public safety,” said Sen. Scott Wiener (D-San Francisco), who introduced the bill. “SB 384 refocuses the sex offender registry on high-risk offenders and treats low-level offenders more fairly.”

Click for Megans law website to check your area.

HERE IS THE REACTION TO CALIFORNIA SANCTUARY STATUS…….

ARRESTEES WILL BE SENT FARTHER AWAY FROM THEIR FAMILIES.

10-6-2017


FROM ABC10

The top federal immigration official says his agency will have “no choice” but to conduct arrests in local neighborhoods and worksites in California after the governor signed a law that extends protections for immigrants who are in the country illegally.

In another sign of escalating tensions between California and the Trump administration, ICE Acting Director Thomas Homan says his agency will also likely have to place immigrants arrested in California in out-of-state detention centers.

Homan’s statement Friday came a day after Gov. Jerry Brown signed “sanctuary state” legislation.

Starting Jan. 1, police will be barred from asking people about their immigration status or participating in federal immigration enforcement activities. Jail officials only will be allowed to transfer inmates to federal immigration authorities if they have been convicted of certain crimes.

DAWG SAYS:

REMEMBER WE CAN FLEX OUR MUSCLES ALL WE WANT BUT FOR EVERY ACTION THERE IS A REACTION, CALIFORNIA ALWAYS SAYS THEY DO NOT WANT TO SEPARATE THE FAMILIES. NOW THEY WILL FOR SURE.


KALIFORNIA LAWMAKERS WANT TO RELEASE OLD INMATES AND THE YOUNG ONES TOO……..

TWO BILLS SENT TO GOVENOR

9-24-2017


To ease overcrowding in state prisons, California lawmakers want to release more of the state’s older prisoners and more of the inmates who were young when they committed their crimes.

The two bills sent to Gov. Jerry Brown in the waning days of the legislative session are the latest attempt to keep the prison population below the cap set by federal judges, with the goal of eventually ending federal oversight.

One requires parole officials to consider whether “age, time served and diminished physical condition” reduced the risk for future violence by older inmates. And the other mandates officials consider whether young people fully understood their actions and if their lack of maturity allowed for a greater chance of rehabilitation.

The measures follow voter-approved early-release efforts in recent years that have reduced penalties for drug and property crimes and, most recently, allowed more sentencing credits that can lead to earlier releases for inmates who complete rehabilitation programs.

Law enforcement agencies and victims’ organizations say the efforts put hardened criminals on the streets and create safety issues for communities. They point to rising crime rates following the earlier initiatives as evidence that once out from behind bars many convicts return to their criminal ways.

“At some point you have to ask, when it is it going to stop?” said California District Attorneys Association legislative director Sean Hoffman.

Supporters of the measures emphasize they do not guarantee parole for anyone and say it makes sense to target the young and old as lawmakers try to unwind decades of get-tough policies that led to unprecedented prison crowding. Many older inmates have health issues that make them extremely costly to house.

“There’s no point of incarcerating someone who’s at the point of death,” said Assemblywoman Shirley Weber, D-San Diego.

Sen. Jim Nielsen, R-Gerber, mocked the bill when it was debated in the Senate.


“Why not Charles Manson? For heaven’s sake, he’s done a lot of time, he’s really suffered. Poor guy,” Nielsen said.

The 82-year-old Manson, leader of the murderous Manson “family,” is among more than 200 octogenarian prisoners. He’s not up for parole until 2027 and should he make to then it’s extremely unlikely his age will prompt officials to free him.

California has six inmates are 90 or older and the oldest of all is 101-year-old child molester Joseph Mannina, serving a life sentence with the chance of parole.

At the other end of the age spectrum, lawmakers approved a bill expanding the state’s youthful parole program. State law already requires that inmates who were under 23 when they committed their crimes be considered for parole after serving at least 15 years. AB1308 raises the age to 25.

The age for such consideration was 18 when lawmakers passed the first youth offender parole law in 2012.

“That gap in the middle is shrinking, it seems, every year,” Hoffman said.

Paroling younger inmates is more concerning to law enforcement than freeing older criminals, he said, because they are more likely to be healthy enough to commit new crimes. Statistics show less than one-third of California inmates paroled when they were 60 or older were back behind bars within three years compared to more than 50 percent of those 18-24.

There are about 131,500 inmates in the California prison system, nearly 11 percent of whom are 18-24 and 7 percent are 60 and up.

In the last three years about 2,000 inmates over 60 and 900 under 23 when they committed their crimes have been recommended for release, or about one-quarter of all those considered.

Legislative analysts say extending the age to 25 would mean about another 170 parole hearings each year. There would likely be a slight decrease in the roughly 160 elderly inmates granted parole each year because of the narrower eligibility in Weber’s bill compared to the federal court order. Her office projects that about 2,300 older inmates would qualify for consideration.

Sen. Steven Bradford, D-Gardena, said people who were young when they committed crimes deserve a second chance.

“Certain areas of the brain, particularly those affecting judgment and decision-making, do not develop until their early to mid-20s,” he said, adding that, “To say that young people aren’t salvageable is a crime in and of itself.”

Christine Ward, executive director of the Crime Victims Action Alliance, rejected that reasoning.

“To my mind it’s ridiculous to say a 24- or 25-year-old doesn’t know the difference between right and wrong,” she said.

CALIFORNIA MAY START EXECUTIONS AGAIN

From the San Jose Mercury news

California’s death penalty system, dormant for nine years, might soon move slowly toward resuming executions.

As part of a court settlement reached on Tuesday, the state’s corrections department agreed to unveil a new execution method by the fall that will be tied to the outcome of a U.S. Supreme Court ruling expected sometime this month in a challenge to Oklahoma’s lethal injection protocol.

While California is still far from executing one of the 750 condemned killers on death row, the development marks movement on the issue for the first time in years. There are at least 17 inmates on death row who have exhausted their legal appeals and would be eligible for execution dates.

State prison officials resolved a lawsuit filed last year by the families of victims of condemned killers who argued the state has a legal obligation to implement an execution method. A Sacramento judge earlier this year found the state should be required to move forward in a case brought by two families, including former UCLA and NFL star Kermit Alexander, whose mother, sister and nephews were murdered 31 years ago by a man now on death row.

Death penalty supporters have accused state leaders such as Gov. Jerry Brown and Attorney General Kamala Harris of……

Read more HERE

DAWG SAYS

California needs to shit or get off the pot regarding the death penalty. They asked the voters then the state would not accept their election results because they say the death penalty is inhuman. Remember this is the same state that has decided that terminally ill patients can be euthanized and have a way to do it humanly. They did not think it through where it could be used for executions too.

California sues Trump administration over threats to ‘sanctuary cities’


From the Sacramento Bee:

California filed a lawsuit Monday against the Trump administration over its threats to withhold public safety funds from so-called “sanctuary” jurisdictions, state Attorney General Xavier Becerra announced Monday.

The move follows a U.S. Department of Justice directive issued by U.S. Attorney General Jeff Sessions in July that seeks to require cities and counties that declare themselves sanctuaries for undocumented immigrants to cooperate with federal immigration authorities in order to receive federal law enforcement grants.

Becerra called the federal directive “unconstitutional” and “unlawful,” saying in a statement that the Trump administration “cannot manipulate federal grant fund requirements to pressure states, counties or municipalities to enforce federal immigration laws.”

He also argued that it’s up to Congress to appropriate federal grant funding, not Sessions’ Department of Justice.

“The Trump administration is starting with the very misguided premise (that) ……Read more

Here we go, but I guess it needs to be decided one way or another anyway. But it does seem to coincide with the liberal Logic of it is my body to do as I please but you have to pay for it.