The people of the State of California do enact as follows:

SECTION 1.
Section 527.11 of the Code of Civil Procedure is amended to read:
527.11.
(a) The owner or owner’s agent of vacant real property may register the property with the local law enforcement agency using the form contained in subdivision (a) of Section 527.12.
(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not authorized to be occupied by any person.
(2) The registration shall be accompanied with a statement providing the name, address, and telephone number at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement agency or a licensed private security services company has been retained to comply with the inspection and reporting provisions of this section, together with a copy of any agreement or contract to perform those services.
(b) The owner or the owner’s agent shall register the vacant property no later than three days after the owner or owner’s agent learns that the property is vacant.
(c) The owner or owner’s agent, immediately after authorizing a person to occupy the vacant property, shall do both of the following:
(1) Issue a written authorization to the person authorized to occupy the property.
(2) Notify the law enforcement agency where the property is registered and terminate the registration.
(d)  The owner or the owner’s agent, immediately upon the sale of the vacant property, shall notify the law enforcement agency where the property is registered that the property has been sold, and to terminate the registration.
(e) The licensed private security services company or law enforcement agency selected by the owner or owner’s agent pursuant to this section shall do both of the following:
(1) Inspect the vacant property not less than once every three days.
(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized person is found on the property.
(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The responding officer shall do all of the following:
(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e) and found to be vacant.
(2) Ascertain the identity of any person who is found on the property.
(3) Require a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession.
(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3) that the owner or owner’s agent may seek to obtain a court order pursuant to subdivision (g) and that the person will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order.
(5) Verify with the owner or the owner’s agent that the property is vacant.
(g)  (1) The owner or owner’s agent of vacant real property may file an action for a temporary restraining order and injunctive relief against any person who is found on the vacant property not less than 48 hours after that person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary restraining order or injunction and for civil contempt for violating a court order.
(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the summons and complaint to the property’s address. Posting and mailing a copy of the summons and complaint shall be sufficient service even if the mailed copy is returned as undeliverable if the owner or owner’s agent has proof of the mailing.
(3) The court may order a hearing on a temporary restraining order within three days following service of the summons and complaint. The date, time, and location of the hearing may be included with the summons and complaint or may be separately served on any person occupying the property in the manner set out in paragraph (2).
(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law enforcement agency where the property is registered or the county sheriff.
(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal property only.
(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person removed from the vacant property pursuant to any other law.
(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure.
(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this section, including all activities conducted by the law enforcement agency pursuant to subdivision (f).
(k) This section applies only to one- to four-unit residences in
the City of Eureka in the County of Humboldt,
the Cities of Palmdale and Lancaster in the County of Los Angeles
and
,
the City of Ukiah in the County of Mendocino
, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake
.
(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 2.
Section 527.12 of the Code of Civil Procedure is amended to read:
527.12.
(a) A property owner, or an agent of the property owner, may execute a “Declaration of Ownership” that includes language substantially similar to the language below and file it with the local law enforcement agency of the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied residential property listed in the declaration.

“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY

I, ____________________, declare and state: I make this declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___(check one), of the residential property located at _____________________, California (“Property”).
2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by which I obtained ownership of the Property.
3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or transferred to any other person or entity.
4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership interest or right of possession in the Property has been conveyed or transferred to any other person or entity.
5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any persons residing on this Property are doing so without any express or implied authorization from me or my agent.
6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to any persons to reside within the Property.
7. I will advise the local law enforcement agency if there is any change in the status of the Property and an occupancy is authorized by me or my agent.
8. I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on _________________________________, at _______________________, California”

(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration pursuant to this section that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, is caused to vacate the property, for reasonable attorney’s fees, special damages not to exceed $2,000, and all damages resulting from the person having to vacate the property.
(c) This section applies only to one- to four-unit residences in
the City of Eureka in the County of Humboldt,
the Cities of Palmdale and Lancaster in the County of Los Angeles
and
,
the City of Ukiah in the County of Mendocino
, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake
.
(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake, it is first necessary to establish this program in a limited setting to analyze its effectiveness before considering an extension to other local jurisdictions.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
This authorization is necessary to expand the pilot program created in 2014 by Assembly Bill 1513 (Ch. 666, Stats. 2014) to those local jurisdictions that have expressly requested inclusion in this program to enable them to address the challenges they are facing with squatters in their respective jurisdictions.

Summary: Until January 1, 2018, existing law permits an owner of specified residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino to register vacant real property with the local law enforcement agency and to execute a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. Existing law requires the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner’s agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order. This bill would extend the residential property subject to these provisions to include the City of Eureka in the County of Humboldt, the City of Fairfield in the City of Solano, and the Counties of Humboldt and Lake. By expanding the scope of the crime of perjury and by imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 527.11 and 527.12 of the Code of Civil Procedure, relating to residential property, and declaring the urgency thereof, to take effect immediately.


The people of the State of California do enact as follows:

SECTION 1.
Section 374 of the Streets and Highways Code is amended to read:
374.
(a) Route 74 is from:
(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.
(2) Route 15 near Lake Elsinore to Route 215 near Perris.
(3) Route 215 near Perris to the southern city limit of Palm Desert.
(b) The relinquished former portions of Route 74 within the Cities of Palm Desert and Perris are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74 relinquished under this subdivision, the Cities of Palm Desert and Perris shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74 and shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.
(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.
(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.
(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.
(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.
(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.
(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment.
(7) On and after the effective date of the relinquishment, both of the following shall occur:
(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.
(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.
(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.
(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.
(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of the following shall occur:
(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.
(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.
(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.
(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74.
(e) (1) Notwithstanding subdivision (a), the commission may relinquish to the County of Riverside the portion of Route 74 that is located within the unincorporated area east of the City of Lake Elsinore and west of the City of Perris, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the County of Riverside enter into an agreement providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of the following shall occur:
(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.
(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.
(4) For portions of Route 74 relinquished under this subdivision, the County of Riverside shall maintain signs directing motorists to the continuation of Route 74.

Summary: Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. This bill would authorize the commission to relinquish to the County of Riverside that portion of State Highway Route 74 located in the unincorporated area east of the City of Lake Elsinore and west of the City of Perris under specified conditions.

An act to amend Section 374 of the Streets and Highways Code, relating to state highways.


The people of the State of California do enact as follows:

SECTION 1.
Section 1808.4 of the Vehicle Code is amended to read:
1808.4.
(a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities,
or
the Prison Industry Authority
, or the State Department of State Hospitals
specified in Sections
20403 and
20403,
20405
, and 20407
of the Government Code.
(13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
Chief of Police
chief of police
of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23) A state employee in one of the following classifications:
(A) Licensing Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist 1, Department of the California Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security Officer.
(D)  Licensing Program Analyst,
State
Department of Social Services.
(24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence.
(B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5) A governmental agency to which, under any
provision of
law, information is required to be furnished from records maintained by the department.
(c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony.
SECTION 1.
Section 4150 of the
Vehicle Code
is amended to read:
4150.
Application for the original or renewal registration of a vehicle of a type that is required to be registered under this code shall be made by the owner to the department upon the appropriate form furnished by it and shall contain all of the following information:
(a)The true, full name, business or residence and mailing address, and driver’s license or identification card number, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any.
(b)The name of the county in which the owner resides.
(c)A description of the vehicle, including the following data insofar as it may exist:
(1)The make, model, and type of body.
(2)The vehicle identification number or any other identifying number as may be required by the department.
(3)The date first sold by a manufacturer, remanufacturer, or dealer to a consumer.
(d)Any other information that is reasonably required by the department to enable it to determine whether the vehicle is lawfully entitled to registration.

Summary: Existing law prohibits the disclosure of the home addresses of certain public employees and officials, including an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities or the Prison Industry Authority, that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. This bill would extend that prohibition, subject to those same exceptions, to the disclosure of the home addresses of an employee of the State Department of State Hospitals, as specified. Existing law requires the owner of a vehicle of a type required to be registered under the Vehicle Code to submit an application for the original or renewal registration of that vehicle to the Department of Motor Vehicles upon the appropriate form furnished by the department. This bill would make technical, nonsubstantive changes to these provisions.

An act to amend Section
4150
1808.4
of the Vehicle Code, relating to
vehicles
vehicle records
.


The people of the State of California do enact as follows:

SECTION 1.
Section 3003 of the Penal Code is amended to read:
3003.
(a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolee’s permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate’s parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or vocational training program.
(4) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e) (1) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A) Last, first, and midd>
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K) Contact officer and unit, including all of the following information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M) A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4) All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim’s actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j) An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k) (1) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law provides, however, that an inmate who is released on parole for an offense involving stalking shall not be returned to a location within 35 miles of the victim’s actual residence or place of employment if specified criteria are satisfied. This bill would make that provision applicable to an inmate released on postrelease community supervision. The bill would also authorize a supervising county agency to transfer an inmate who is released on postrelease community supervision to another county, upon approval of the receiving county, when the inmate cannot be placed in his or her county of last legal residence in compliance with this provision. The bill would make other clarifying changes. By imposing additional duties on supervising county agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 3003 of the Penal Code, relating to postconviction supervised release.


The people of the State of California do enact as follows:

SECTION 1.
Section 12814.6 of the Vehicle Code is amended to read:
12814.6.
(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:
(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.
(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in
any
a
secondary school of California, or equivalent instruction in a secondary school of another state.
(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training.
(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in
any
a
secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this
subdivision
subparagraph
shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she has successfully completed driver education.
(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.
(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.
(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2),
during the first 12 months after issuance of a provisional license
the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:
(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.
(B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed.
(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that
any
a
licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.
(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, may not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g)
Any
A
term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 18 years of age before the term ends.
(1) The driving privilege shall be suspended
when
if
the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until
any
a
notification issued pursuant to Section 40509 or 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed
when
if
a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.
(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed
whenever
if
a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:
(A) The person shall violate no law which, if resulting in conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.
(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.
(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age.
(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under
any
a
new contract for the production of driver’s licenses entered into after the adoption of those changes.
(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date.
(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law, the Brady-Jared Teen Driver Safety Act of 1997, provides for the issuance of a driver’s license to an applicant who is at least 16 years of age but under 18 years of age pursuant to the provisional licensing program. Under existing law, a person licensed under this program is prohibited, during the first 12 months after issuance of a provisional license, from driving during the hours of 11 p. m. and 5 a. m. or from transporting passengers who are under 20 years of age, subject to specified exceptions. Under existing law, a violation of these provisions is an infraction. This bill would prohibit a person with a provisional license, from engaging in those prohibited activities until the provisional period ends when the person reaches 18 years of age. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 12814.6 of the Vehicle Code, relating to driver’s licenses.


The people of the State of California do enact as follows:

SECTION 1.
(a) The intent of the Legislature in enacting this measure is to clarify that licensed pawnbrokers and secondhand dealers are not weighmasters.
(b) The Legislature finds and declares that this clarification is necessary following the enactment of Senate Bill 485 of the 2013–14 Regular Session of the Legislature, and the Department of Food and Agriculture’s subsequent administrative interpretation that pawnbrokers and secondhand dealers are subject to the provisions regulating weighmasters.
SEC. 2.
Section 12701 of the Business and Professions Code, as amended by Section 1 of Chapter 693 of the Statutes of 2012, is amended to read:
12701.
The following persons are not weighmasters:
(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers.
(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based.
(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds.
(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed.
(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets.
(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors.
(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments.
(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code.
(i) Facilities that handle medical waste and that report net weights, and not estimates, to the generator of the medical waste and the Department of Public Health in accordance with the provisions of the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).
(j) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling.
(k) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code.
(l) Retailers or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic.
(m) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987.
(n) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively.
(o) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 3.
Section 12701 of the Business and Professions Code, as added by Section 2 of Chapter 693 of the Statutes of 2012, is amended to read:
12701.
The following persons are not weighmasters:
(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers.
(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based.
(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds.
(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed.
(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets.
(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors.
(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments.
(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code.
(i) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling.
(j) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code.
(k) Retailers, or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic.
(l) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987.
(m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively.
(n) This section shall become operative on January 1, 2017.
SEC. 4.
Section 12703.1 of the Business and Professions Code is amended to read:
12703.1.
(a) In addition to any other requirements for issuance of a license pursuant to this chapter, if the applicant is a recycler or junk dealer as defined in Section 21601, the department shall require the applicant to furnish all of the following information accurately on any application for a new license or the renewal of a license issued pursuant to this chapter:
(1) A copy of the applicant’s current business license.
(2) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.
(3) A statement indicating that the applicant has the equipment necessary to comply with the photographic and thumbprinting requirements for the purchase and sale of nonferrous materials pursuant to Section 21608.5 or a statement indicating that the applicant will not be purchasing or selling nonferrous materials and is not required to comply with Section 21608.5.
(4) A statement indicating that the applicant has requested to receive theft alert notifications pursuant to subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section.
(5) The name or names of any deputy weighmasters.
(b) The department shall issue a license to a junk dealer or recycler upon receipt of an application for a new license or renewal of a license that contains the information required by subdivision (a) and that is accompanied by the appropriate fee.
(c) (1) On or before December 31, 2014, upon issuance of a license to a junk dealer or recycler, or renewal of such a license, the department shall make a thorough investigation of all of the information contained in the application within 90 days. If the license is issued or renewed on or after January 1, 2015, the department shall make a thorough investigation of all the information contained in the application within 90 days for a new license, and within one calendar year for a renewal of a license.
(2) Notwithstanding Section 12708, if the department determines that the information submitted pursuant to subdivision (a) is materially inaccurate, the department shall revoke the license issued to a junk dealer or recycler unless the junk dealer or recycler complies with the requirements of subdivision (a) within 14 days of notice from the department of a proposed revocation pursuant to this subdivision.
(3) A junk dealer or recycler whose license has been revoked pursuant to this subdivision is entitled to a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) The secretary may enter into a cooperative agreement with any county sealer to carry out the provisions of this section.
(e) This section shall not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8.
(f) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

Summary: Existing law requires a person who weighs, measures, or counts a commodity and issues a statement or memorandum of the weight, measure, or count that is used as the basis for either the purchase or sale of that commodity or charge for service, to obtain a license as a weighmaster from the Department of Food and Agriculture, and imposes a license fee and various other requirements on weighmasters. Existing law exempts specified persons from those provisions by establishing a list of persons who are not weighmasters. Existing law, until January 1, 2019, requires the department to require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application. This bill would add licensed pawnbrokers and secondhand dealers to the list of persons who are not weighmasters and would specify that pawnbrokers and secondhand dealers are exempt from the above-described provision applicable to a junk dealer or recycler who is an applicant for a weighmaster license.

An act to amend Sections 12701 and 12703.1 of the Business and Professions Code, relating to weighmasters.


The people of the State of California do enact as follows:

SECTION 1.
Section 18544 of the Elections Code is amended to read:
18544.
(a)
Any
It is unlawful for a
person in possession of a firearm
or any
, a
uniformed peace officer, private guard, or security
personnel
person
or any person who is wearing a uniform of a peace officer, guard, or security
personnel
person
,
who is
to be
stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official
. Violation of this section
is punishable by a fine not exceeding
ten
sixteen
thousand dollars
($10,000)
($16,000)
, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
The fine amount shall be adjusted annually by any annual increase in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code.
(b) This section
shall
does
not apply to
any of
the following:
(1) An unarmed uniformed guard or security
personnel
person
who is at the polling place to cast his or her vote.
(2) A peace officer who is conducting official business in the course of his or her public employment or who is at the polling place to cast his or her vote.
(3) A private guard or security
personnel
person
hired or arranged for by a city or county elections official.
(4) A private guard or security
personnel
person
hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security
personnel
person
is not hired or arranged solely for the day on which an election is held.
SEC. 2.
Section 18545 of the Elections Code is amended to read:
18545.
Any person who hires or arranges for any other
It is unlawful for a person to hire or arrange for a
person in possession of a firearm
or any
, a
uniformed peace officer, private guard, or security
personnel
person
or any person who is wearing a uniform of a peace officer, guard, or security
personnel
person
, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official
. Violation of this section
is punishable by a fine not exceeding
ten
sixteen
thousand dollars
($10,000)
($16,000)
, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
The fine amount shall be adjusted annually by any annual increase in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code.
This section
shall
does
not apply to the owner or manager of the facility or property in which the polling place is located if the private guard or security
personnel
person
is not hired or arranged solely for the day on which the election is held.
SECTION 1.
Section 14026 of the
Elections Code
is amended to read:
14026.
As used in this chapter:
(a)“At-large method of election” means any of the following methods of electing members to the governing body of a political subdivision:
(1)One in which the voters of the entire jurisdiction elect the members to the governing body.
(2)One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body.
(3)One which combines at-large elections with district-based elections.
(b)“District-based elections” means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district.
(c)“Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law.
(d)“Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is defined in the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.).
(e)“Racially polarized voting” means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. The methodologies for estimating group voting behavior as approved in applicable federal cases to enforce the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.) to establish racially polarized voting may be used for purposes of this section to prove that elections are characterized by racially polarized voting.

Summary: Existing law prohibits a person in possession of a firearm, uniformed peace officer, private guard, or security personnel from being stationed or posted at a polling place without written authorization of the appropriate elections official. Violation of this provision is punishable by a fine not exceeding $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or in a county jail for not more than one year, or by both fine and imprisonment. Existing law prohibits the hiring of or arranging for a person in possession of a firearm, uniformed peace officer, private guard, or security personnel to be stationed or posted at a polling place without written authorization of the appropriate elections official. Violation of this provision is punishable by a fine not exceeding $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or in a county jail for not more than one year, or by both fine and imprisonment. This bill would increase the maximum fine for those offenses to $16,000 and require that the fine amount be adjusted annually by any annual increase in the California Consumer Price Index, as described. The California Voting Rights Act of 2001 (CVRA) prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a violation of the act is established if it is shown that racially polarized voting, as defined, has occurred, and provides that the occurrence of racially polarized voting shall be determined from examining the results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures or other electoral choices that affect the rights and privileges of members of a protected class. The CVRA provides that a voter who is a member of a protected class, as specified, may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. This bill would make technical, nonsubstantive changes to provisions of law defining several terms for purposes of the CVRA.

An act to amend
Section 14026
Sections 18544 and 18545
of the Elections Code, relating to elections.


The people of the State of California do enact as follows:

SECTION 1.
Section 30652 of the Food and Agricultural Code is amended to read:
30652.
All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used:
(a) First, to pay fees for the issuance of dog license tags.
(b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division.
(c) Third, to pay damages to owners of livestock which are killed by dogs.
(d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code.
(e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers.
SEC. 2.
Section 830.9 of the Penal Code is amended to read:
830.9.
(a)  Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832.
(b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest
and to serve warrants
pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.
(2) An animal control officer who completed a course in the exercise of the powers of arrest
and to serve warrants
pursuant to Section 832 prior to January 1, 2016,
and who has not had a break in employment, as an animal control officer or other position that utilized a peace officer’s powers of arrest and to serve warrants, of longer than three years,
shall be deemed to have satisfied the training requirements described in paragraph (1).
(c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest
and to serve warrants
pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.
(d) Every animal control officer described in this section, prior to the exercise of the powers of
arrest and to serve warrants,
arrest,
shall have satisfactorily completed the course of training described in Section 832.
An animal control officer is not required to repeat the course of training described in Section 832 if the officer has not had a break in employment, as an animal control officer or other position that utilized a peace officer’s powers of arrest and to serve warrants, of longer than three years.
(e) Every person appointed as a director, manager, or supervisor, or any person in direct control of
the officers employed by
an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest
and to serve warrants
pursuant to Section 832 within one year of his or her appointment.
(f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California.
(2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter.
(3)
The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association.
Continuing education and training shall include at least four hours of
course work
coursework
in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified
instructor.
instructor, four hours of course
work in officer safety, four hours of course
work in animal-related laws, four hours of course
work in conducting investigations, and four hours of course
work in one or more of the topics of animal handling, animal care, animal diseases, or public health.
This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision.
(4) Records of training shall be maintained by the animal control officer’s employing agency.
(5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a).
(g) This section does not supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295.
(h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1.
(i) For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined. Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers. This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of the officers employed by an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, arrest, to have satisfactorily completed the required course of training. This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter. The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer. By imposing new training requirements on local employees, this bill would impose a state-mandated local program. Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions. This bill would expand the list of purposes for which those fees and fines shall are required to be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers.