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

SECTION 1.
Section 8332 of the Government Code is amended to read:
8332.
It is the intent of the Legislature that this chapter does not apply to the Reporting of Improper Governmental Activities Act (Article 3 (commencing with Section 8547) of Chapter 6.5) or the procedures established to investigate civilians’ complaints against peace officers as required by Section 832.5 of the Penal Code.
SEC. 2.
Section 148.6 of the Penal Code is amended to read:
148.6.
(a) (1) Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, knowing the allegation to be false, is guilty of a misdemeanor.
(2) A law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.
IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.

I have read and understood the above statement.
Complainant _____
(3) The advisory shall be available in multiple languages.
(b) Every person who files a civil claim against a peace officer or a lien against his or her property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out his or her official duties, is guilty of a misdemeanor. This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties.
SEC. 3.
Section 832.18 of the Penal Code is amended to read:
832.18.
(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices.
(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data:
(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident.
(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data.
(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data.
(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data.
(5) Specifically state the length of time that recorded data is to be stored.
(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a civilian complaint and to preserve transparency.
(B)  Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances:
(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting.
(ii) The recording is of an incident that leads to the detention or arrest of an individual.
(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency.
(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution.
(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody.
(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently.
(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor.
(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data:
(A) Using an experienced and reputable third-party vendor.
(B) Entering into contracts that govern the vendor relationship and protect the agency’s data.
(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access.
(D) Using a system that has a reliable method for automatically backing up data for storage.
(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns.
(F) Using a system that includes technical assistance capabilities.
(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition.
(c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws.
(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty.
(d) Nothing in this section shall be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
SEC. 4.
Section 13010.5 of the Penal Code is amended to read:
13010.5.
The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for and effectiveness of relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information which may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
SEC. 5.
Section 13012 of the Penal Code is amended to read:
13012.
(a) The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following:
(1) The amount and the types of offenses known to the public authorities.
(2) The personal and social characteristics of criminals and delinquents.
(3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5) (A) The total number of each of the following:
(i) Civilian complaints received by law enforcement agencies under Section 832.5.
(ii) Civilian complaints alleging criminal conduct of either a felony or misdemeanor.
(iii) Civilian complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B) The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence.
(ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true.
(C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b) It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.
(c) Each year, on an annual basis, the Racial and Identity Profiling Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4. The reports shall not disclose the identity of peace officers.
SEC. 6.
Section 13012.5 of the Penal Code is amended to read:
13012.5.
(a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (4) of subdivision (a) of Section 13012, include the following statewide information:
(1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings.
(2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court.
(3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions.
(b) The department’s annual report published under Section 13010 shall include the information described in paragraph (4) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year.
SEC. 7.
Section 41603 of the Vehicle Code is amended to read:
41603.
No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by civilians, commendations, demeanor, formal training, and professional judgment.

Summary: Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of the procedure available to the public. Existing law also refers to these complaints as citizens’ complaints. Existing law sets forth specified policies and procedures relating to citizens’ complaints. Among other things, existing law makes it a misdemeanor to file an allegation of misconduct against a peace officer knowing the allegation to be false. Existing law requires a law enforcement agency accepting an allegation of misconduct against a peace officer to require the complainant to read and sign a specified advisory that describes, generally, the law and procedure governing citizens’ complaints. Existing law also requires the Department of Justice to prepare and present to the Governor, on or before July 1, an annual report containing the criminal statistics of the preceding calendar year, including, among other statistics, the total number of citizen complaints alleging racial or identity profiling, as specified. This bill would delete references to citizens’ complaints and instead refer to civilians’ complaints.

An act to amend Section 8332 of the Government Code, to amend Sections 148.6, 832.18, 13010.5, 13012, and 13012.5 of the Penal Code, and to amend Section 41603 of the Vehicle Code, relating to public safety.


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

SECTION 1.
This act shall be known and may be cited as the Direct Access to Reproductive Health Care Act.
SEC. 2.
(a) The Legislature hereby finds and declares all of the following:
(1) For many women, reproductive health care may be the only contact they have with the health care system.
(2) According to the Guttmacher Institute, one-half of all pregnancies in the United States each year, more than three million pregnancies, are unintended. By 45 years of age, more than one-half of all women in the United States will have experienced an unintended pregnancy, and 3 in 10 will have had an abortion.
(3) The inability to access comprehensive reproductive health care in a timely manner can lead to negative health outcomes, including increased risk for unintended pregnancy, sexually transmitted diseases, and delayed care for critical and time-sensitive reproductive health services.
(4) Providing timely access to comprehensive reproductive health services is cost effective.
(5) California has a long history of, and commitment to, expanding access to services that aim to reduce the risk of unintended pregnancies, improve reproductive and sexual health outcomes, and reduce costs.
(6) Recognizing the importance of timely access to comprehensive reproductive and sexual health care services, the Legislature and the United States Congress passed measures to enable women to access care provided by an obstetrician and gynecologist without a referral. Despite these advances, there are wide variances in health benefit plans regarding referral requirements for reproductive and sexual health care services, and women across the state are obtaining these vital services from other licensed provider types, including family practice physicians, nurse practitioners, physician assistants, and certified nurse-midwives.
(b) It is hereby the intent of the Legislature in enacting this act to build on current state and federal law to increase timely, equal, and direct access to time-sensitive and comprehensive reproductive and sexual health care services for enrollees in health care service plans or insureds under health insurance policies by prohibiting health care service plans or insurers from requiring an enrollee or insured to secure a referral from a primary care provider prior to receiving in-network reproductive and sexual health care services.
SEC. 3.
Section 1367.31 is added to the Health and Safety Code, to read:
1367.31.
(a) Every health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2017, shall be prohibited from requiring an enrollee to receive a referral prior to receiving coverage or services for reproductive and sexual health care.
(b) (1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient.
(2) For the purposes of this section, “reproductive and sexual health care services” do not include the services subject to a health care service plan’s referral procedures as required by subdivisions (a) and (b) of Section 1374.16.
(3) This section applies whether or not the patient is a minor.
(c) In implementing this section, a health care service plan may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), from health care providers participating in, or contracting with, the plan network, medical group, or independent practice association, provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the enrollee has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An enrollee shall not be required to obtain prior approval from another physician, another provider, or the health care service plan prior to obtaining direct access to reproductive and sexual health care services. A health care service plan may establish reasonable provisions governing communication with the enrollee’s primary care physician and surgeon regarding the enrollee’s condition, treatment, and any need for followup care.
(d) This section shall not apply to a health care service plan contract that does not require enrollees to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist.
(e) A health care service plan shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 1367.25 of this code or Section 14132 of the Welfare and Institutions Code.
(f) This section shall not apply to specialized health care service plan contracts or any health care service plan that is governed by Section 14131 of the Welfare and Institutions Code.
SEC. 4.
Section 10123.202 is added to the Insurance Code, to read:
10123.202.
(a) Every health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, excluding specialized health insurance policies, shall be prohibited from requiring an insured to receive a referral prior to receiving coverage or services for reproductive and sexual health care.
(b) (1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient.
(2) This section applies whether or not the patient is a minor.
(c) In implementing this section, a health insurer may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the insured has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An insured shall not be required to obtain prior approval from another physician, another provider, or the insurer prior to obtaining direct access to reproductive and sexual health care services. An insurer may establish reasonable provisions governing communication with the insured’s primary care physician and surgeon regarding the insured’s condition, treatment, and any need for followup care.
(d) This section shall not apply to a health insurance policy that does not require insureds to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist.
(e)  A health insurer shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 10123.196.
(f) This section shall not apply to specialized health insurance, Medicare supplement insurance, short-term limited duration health insurance, CHAMPUS supplement insurance, or TRICARE supplement insurance, or to hospital indemnity, accident-only, or specified disease insurance.
SEC. 5.
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 Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would prohibit every health care service plan contract or health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, with exceptions, from requiring an enrollee or insured to receive a referral in order to receive reproductive or sexual health care services, as provided. Because a willful violation of these provisions by a health care service plan would be a crime, the 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 add Section 1367.31 to the Health and Safety Code, and to add Section 10123.202 to the Insurance Code, relating to health care coverage.


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

SECTION 1.
Section 245 of the Penal Code is amended to read:
245.
(a) (1)
Any
A
person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(2)
Any
A
person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
(3)
Any
A
person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
(4)
Any
A
person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(b)
Any
A
person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.
(c)
Any
A
person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace
officer or
officer,
firefighter,
or emergency medical technician,
and who knows or reasonably should know that the victim is a peace
officer or firefighter
officer, firefighter, or emergency medical technician
engaged in the performance of his or her duties, when the peace
officer or firefighter
officer, firefighter, or emergency medical technician
is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
(d) (1)
Any
A
person who commits an assault with a firearm upon the person of a peace
officer or
officer,
firefighter,
or emergency medical technician,
and who knows or reasonably should know that the victim is a peace
officer or firefighter
officer, firefighter, or emergency medical technician
engaged in the performance of his or her duties, when the peace
officer or firefighter
officer, firefighter, or emergency medical technician
is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.
(2)
Any
A
person who commits an assault upon the person of a peace
officer or firefighter
officer, firefighter, or emergency medical technician
with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace
officer or firefighter
officer, firefighter, or emergency medical technician
engaged in the performance of his or her duties, when the peace
officer or firefighter
officer, firefighter, or emergency medical technician
is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.
(3)
Any
A
person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace
officer or
officer,
firefighter,
or emergency medical technician,
and who knows or reasonably should know that the victim is a peace
officer or firefighter
officer, firefighter, or emergency medical technician
engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.
(f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
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 makes it a crime and specifies terms of imprisonment for assault on a peace officer or firefighter when the person knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties. Existing law specifies various terms of imprisonment depending on whether the assault was committed with a deadly weapon that is not a firearm, a firearm, or one of a specified type of firearm, including machineguns and assault weapons. This bill would make these provisions applicable to an assault on an emergency medical technician when the person knows or reasonably should know that the person is an emergency medical technician engaged in the performance of his or her duties. By increasing the penalty for 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 245 of the Penal Code, relating to crimes.


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

SECTION 1.
Section 69432 of the Education Code is amended to read:
69432.
(a) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.”
(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act.
(c) (1) Notwithstanding subdivision (b), and subdivision (c) of Section 66021.2, commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows:
(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions.
(B) For the 2015–16 and 2016–17 award years, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2017–18 award year and each award year thereafter, no less than ten thousand dollars
($10,000)
($10,000), as determined in the annual Budget Act,
for new recipients attending private nonprofit postsecondary educational institutions.
(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433.
(3) Notwithstanding subparagraph (A) of paragraph (1), for the 2017–18 award year and each award year thereafter, the maximum tuition award amounts for new recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall be eight thousand fifty-six dollars ($8,056).
(d) As a condition for the funding of Cal Grant awards to its students, a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office on or before March 15, 2017, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution:
(1) The number of undergraduate students enrolled in that institution.
(2) The percentage of undergraduate students of that institution who are California residents.
(3) The number of graduate students enrolled in that institution.
(4) The number of transfer students from the California Community Colleges enrolled in that institution.
(5) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges.
(6) The number of Pell Grant recipients enrolled in that institution.
(7) The percentage of undergraduate students of that institution who are Pell Grant recipients.
(8) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients, both of the following shall be included:
(A) Their ethnic composition, expressed in percentages.
(B) The median amount of institutional aid provided to them.
(9) The percentage of undergraduate students of that institution who are Cal Grant recipients.
(10) The four- and six-year graduation rates for freshman entrants of that institution disaggregated by both of the following:
(A) Pell Grant recipients.
(B) Cal Grant recipients.
(11) The two- and three-year graduation rates for transfer students from the California Community Colleges disaggregated by both of the following:
(A) Pell Grant recipients.
(B) Cal Grant recipients.
(12) The number of degrees awarded annually by the institution in total and in each of the following categories:
(A) Undergraduate students who first enrolled in the institution as freshmen.
(B) Undergraduate students who first enrolled in the institution as transfer students.
(C) Graduate students.
(D) Pell Grant recipients.
(E) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM).
(e) The collection, reporting, and housing of data for the report prepared pursuant to subdivision (d) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information.

Summary: Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law establishes the maximum tuition award amount for each Cal Grant A and B award for new recipient students attending private nonprofit postsecondary educational institutions at $9,084 for the 2015–16 and 2016–17 award years and $8,056 for the 2017–18 award year and each award year thereafter. Existing law also establishes these amounts as the maximum tuition award amounts for new recipients attending private for-profit postsecondary educational institutions that are accredited, as specified. This bill would instead increase the maximum tuition award amount for Cal Grant A and B awards for new recipients at private nonprofit postsecondary educational institutions to no less than $10,000 for the 2017–18 award year and each award year thereafter. For these award years, the maximum tuition award amounts would remain at $8,056 for new recipients attending accredited private for-profit postsecondary educational institutions as referred to above. The bill would impose requirements on private nonprofit postsecondary educational institutions to provide specified data to a specified association as a condition for the funding of Cal Grant awards to their students and would require the association to report on that information to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office.

An act to amend Section 69432 of the Education Code, relating to student financial aid.


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

SECTION 1.
Section 1369 of the Penal Code is amended to read:
1369.
Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order:
(a) The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. The examining psychiatrists or licensed psychologists shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital.
The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment.
(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence.
(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury.
(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous.
(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole.
(h) (1) The State Department of State Hospitals shall, on or before July 1, 2017, adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court pursuant to this section. To develop these guidelines, the State Department of State Hospitals shall convene a workgroup comprised of the Judicial Council and groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accrediting bodies for psychologists and psychiatrists, and other interested stakeholders.
(2) When making appointments pursuant to this section, the court shall appoint experts who meet the guidelines established in accordance with this subdivision or experts with equivalent experience and skills. If there is no reasonably available expert who meets the guidelines or who has equivalent experience and skills, the court shall have the discretion to appoint an expert who does not meet the guidelines.

Summary: Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate. This bill would, on or before July 1, 2017, require the State Department of State Hospitals, through the use of a workgroup representing specified groups, to adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court. The bill would provide that if there is no reasonably available expert who meets the guidelines, the court shall have discretion to appoint an expert who does not meet the guidelines.

An act to amend Section 1369 of the Penal Code, relating to criminal procedure.


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

SECTION 1.
Section 51504 of the Health and Safety Code is amended to read:
51504.
(a) The agency shall administer a downpayment assistance program that includes, but is not limited to, all of the following:
(1) Downpayment assistance shall include, but not be limited to, a deferred-payment, low-interest, junior mortgage loan to reduce the principal and interest payments and make financing affordable to first-time low- and moderate-income home buyers.
(2) (A) Except as provided in subparagraph (B) or (C), the amount of downpayment assistance shall not exceed 3 percent of the home sale price.
(B) The amount of downpayment assistance for a new home within an infill opportunity zone, as defined in Section 65088.1 of the Government Code, a transit village development district, as defined in Section 65460.4 of the Government Code, or a transit-oriented development specific plan area, as defined in paragraph (6), shall not exceed 5 percent of the purchase price or the appraised value, whichever amount is less, of the new home. The borrower of the downpayment assistance shall provide the lender originating the loan with a certification from the local government agency administering the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area that states that the property involved in the loan transaction is within the boundaries of either the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area.
(C) Notwithstanding paragraph (1), the agency may, but is not required to, provide downpayment assistance that does not exceed 6 percent of the home sale price to first-time low-income home buyers who, as documented to the agency by a nonprofit organization that is certified and funded to provide home ownership counseling by a federally funded national nonprofit corporation, are purchasing a residence in a community revitalization area targeted by the nonprofit organization as a neighborhood in need of economic stimulation, renovation, and rehabilitation through efforts that include increased home ownership opportunities for low-income families. The agency shall not use more than six million dollars ($6,000,000) in funds made available pursuant to Section 53533 for the purposes of this paragraph.
(3) The amount of the downpayment assistance shall be secured by a deed of trust in a junior position to the primary financing provided. The term of the loan for the downpayment assistance shall not exceed the term of the primary loan.
(4) (A) Except as provided in subparagraphs (B) and (C), the amount of the downpayment assistance shall be due and payable at the end of the term or upon sale of or refinancing of the home. The borrower may refinance the mortgages on the home provided that the principal and accrued interest on the junior mortgage loan securing the downpayment assistance are repaid in full. All repayments shall be made to the agency to be reallocated for the purposes of this chapter.
(B) The agency may, in its discretion, permit the downpayment assistance loan to be subordinated to refinancing if it determines that the borrower has demonstrated hardship, subordination is required to avoid foreclosure, and the new loan meets the agency’s underwriting requirements. The agency may permit subordination on those terms and conditions as it determines are reasonable.
(C) The amount of the downpayment assistance shall not be due and payable upon sale of the home if the first mortgage loan is insured by the Federal Housing Administration (FHA) or if the first mortgage loan is, or has been, transferred to the FHA, or if the requirement is otherwise contrary to regulations of the United States Department of Housing and Urban Development governing FHA insured first mortgage loans.
(5) The agency may use up to 5 percent of the funds appropriated by the Legislature for purposes of this chapter to administer this program.
(6) For purposes of this section, “transit-oriented development specific plan area” means a specific plan that meets the criteria set forth in Section 65451 of the Government Code, is centered around a rail or light-rail station, ferry terminal, bus hub, or bus transfer station, and is intended to achieve a higher density use of land that facilitates use of the transit station.
(b) In addition to the downpayment assistance program authorized by subdivision (a), the agency may, at its discretion, use not more than seventy-five million dollars ($75,000,000) of the funds available pursuant to this chapter to finance the acquisition of land and the construction and development of housing developments, as defined in Section 50073.5, and for-sale residential structures through short-term loans pursuant to its authority pursuant to Section 51100. However, the agency shall make downpayment assistance provided pursuant to paragraph (1), subparagraphs (A) and (B) of paragraph (2), and paragraphs (3) to (5), inclusive, of subdivision (a) the priority use for these funds. A loan made pursuant to this section is not subject to Article 4 (commencing with Section 51175) of Chapter 5.
(c) (1) In addition to the downpayment assistance program authorized by subdivision (a), the agency shall provide downpayment assistance from the funds appropriated by the act adding this subdivision to first-time home buyers pursuant to paragraphs (1), (2), (3), (4), and (6) of subdivision (a) for homes in development projects that are located in designated infill sites, close to public transit, and that are located in cities, counties, or cities and counties that reduce developer or impact fees or reduce or remove regulatory barriers to housing construction for the development projects.
The agency shall identify and shall objectively measure the types of local agency actions or incentives that the agency determines appropriately reduce developer or impact fees or reduce or remove regulatory barriers to affordable housing projects.
These actions or incentives may include, but are not limited to, modifications to any or all of the following:
(A) Local design review requirements.
(B) Land use controls.
(C) Building codes and enforcement.
(D) Onsite or offsite improvement requirements.
(E) Project design.
(F) Permit processing.
(G) (i) A 30-percent reduction in the schedule of local fees, charges, and other exactions on local developers within the local agency’s jurisdiction within 12 months or more prior to the submission of the application for assistance pursuant to this subdivision. The local agency shall provide verification of the reduction with supporting documents showing successive annual fee schedules to the agency.
(ii) For the purposes of this subparagraph, “local fees, charges, and other exactions” includes, but is not limited to, all of the following:
(I) Planning and zoning fees.
(II) Environmental documentation fees.
(III) Building permit fees.
(IV) Plan check fees.
(V) School fees.
(VI) School mitigation fees.
(VII) Highway, road, traffic, and transit fees.
(VIII) Water, wastewater, sewer, and drainage fees.
(IX) Utility or water connection fees.
(X) Public safety fees.
(XI) Capital facilities fees.
(XII) Parks and recreation fees.
(XIII) Any other fee that may substitute for the requirements described in subparagraph (D).
(2) Paragraph (1) applies only to the use of funds appropriated by the act adding this subdivision and shall not be construed to apply to the use of any other funds.
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.
SEC. 3.
The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section. After 48 months of availability, if the California Housing Finance Agency determines that these moneys will not be utilized for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section, the moneys shall be available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program.

Summary: Existing law establishes the California Homebuyer’s Downpayment Assistance Program, which requires the California Housing Finance Agency to, among other things, administer a program that provides downpayment assistance, including deferred-payment, low-interest, junior mortgage loans to reduce principal and interest payments, that makes financing affordable to first-time low- and moderate-income home buyers, pursuant to specified terms. This bill would appropriate $10,000,000 from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes of the downpayment assistance program described above. The bill would condition the application of these funds on an additional requirement that the home for which assistance is provided be in a development project that is in a designated infill site, close to public transit, and that is located in a city, county, or city and county that reduces developer or impact fees or reduces or removes regulatory barriers to housing construction for the development project, as specified. As part of this additional requirement, the bill would require a local agency to provide verification of the local agency’s schedule of local fees, charges, and other exactions to the California Housing Finance Agency and would thereby impose a state-mandated local program. The bill would make these moneys available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program if specified requirements are met. 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 51504 of the Health and Safety Code, relating to housing, and making an appropriation therefor.


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

SECTION 1.
Section 27201 of the Government Code is amended to read:
27201.
(a) The recorder shall, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required by statute, or court order to be recorded, or authorized or required to be recorded by a local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property, if the instrument, paper, or notice contains sufficient information to be indexed as provided by statute, meets recording requirements of state statutes and local ordinances, and is photographically reproducible. The county recorder shall not refuse to record any instrument, paper, or notice that is authorized or required by statute, court order, or local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property to be recorded on the basis of its lack of legal sufficiency.
“Photographically reproducible,” for purposes of this division, means all instruments, papers, or notices that comply with standards as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of records.
(b) (1) Each instrument, paper, or notice shall contain an original signature or signatures, except as otherwise provided by law, or be a certified copy of the original.
(2) A facsimile signature shall be accepted on a lien recorded by a governmental agency when that facsimile signature has been officially adopted by that agency. The lien shall have noted on its face a statement to that effect. The officially adopted facsimile signature shall be provided to the county recorder by a letter from the agency. A facsimile signature shall continue to be valid until the agency notifies the county recorder that the facsimile signature has been revoked.
(c) (1) Each instrument, paper, or notice that is rerecorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply:
(A) The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law.
(B) The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document.
(C) (i) The instrument, paper, or notice is presented solely to make a minor correction with a corrective affidavit. The corrective affidavit shall satisfy all of the following:
(I) Be attached to the original recorded instrument, paper, or notice.
(II) Set out the information corrected.
(III) Be certified by the party submitting the affidavit under penalty of perjury.
(IV) Be acknowledged pursuant to Section 27287.
(ii) For purposes of this subparagraph, “minor correction” includes any of the following:
(I) An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6.
(II) A clarification of illegible text pursuant to Section 27361.7.
(III) An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5.
(IV) An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.
(2) Each rerecorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet.
SEC. 2.
Section 27288.1 of the Government Code is amended to read:
27288.1.
All documents described in this section now or hereafter authorized by law to be recorded in the official records of a county shall contain the following information in addition to any information as may be required by law pertaining to the particular document:
(a) If the document effects or evidences a transfer or encumbrance of an interest in real property, the name or names in which the interest appears of record, except that a notice of assessment recorded pursuant to Section 3114 of the Streets and Highways Code, a notice of special tax lien recorded pursuant to Section 3114.5 of the Streets and Highways Code, and a notice of award of contract recorded pursuant to Section 5248 of the Streets and Highways Code, shall show the name or names of the assessed0 1em 0;">(d) If a document is rerecorded, it shall comply with subdivision (c) of Section 27201.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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 requires the county recorder, upon payment of proper fees and taxes, to record any instrument, paper, or notice that is authorized or required to be recorded, provided that the instrument, paper, or notice meets certain standards. Existing law also requires all documents authorized by law to be recorded in the official records of a county to contain specified information. This bill would require the documents described above that are rerecorded to be executed and acknowledged or verified as new documents, unless otherwise exempted, as specified, presented solely to correct a rerecording sequence, as specified, or presented solely to make a minor correction, as defined, with a corrective affidavit. The bill would require the corrective affidavit to satisfy certain requirements, including a requirement that the corrective affidavit be certified under penalty of perjury. The bill would require each rerecorded instrument, paper, or notice to include a cover sheet and to state the reason for rerecording. By imposing new duties upon local county officials with respect to the recordation of documents and by expanding the crime of perjury, 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 specified reasons.

An act to amend Sections 27201 and 27288.1 of the Government Code, relating to the county recorder.


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

SECTION 1.
The Legislature finds and declares the following:
(a) Great strides have been made over the last three decades in raising awareness about the dangers of driving under the influence (DUI). Nationwide educational campaigns, extensive policy and statutory changes, and required participation in DUI education and counseling programs for offenders have substantially reduced the alcohol-related traffic fatality rate. However, the latest California DUI report issued by the Department of Motor Vehicles identifies a troubling trend in that alcohol-involved crash fatalities increased by 1.6 percent in 2011 and 7.3 percent in 2012. More needs to be done to address, in particular, the incidence of repeat DUI violators.
(b) To improve public safety and improve health outcomes, additional screening and assessment of both repeat DUI offenders and first-time offenders with extremely high blood alcohol content is necessary to determine if alcohol dependence issues exist. The use of the American Society for Addiction Medicine (ASAM) criteria, a widely used and nationally recognized set of guidelines to assess, place, and discharge persons with addiction and co-occurring conditions, would expand the use of data and science to address alcohol abuse, promote referrals to medically necessary treatment, when appropriate, and reduce fatalities and serious injuries on public roads.
(c) In 2007, the National Highway Traffic Safety Administration (NHTSA), at the request of the California Office of Traffic Safety, conducted an assessment of the state’s alcohol- and drug-impaired-driving countermeasures program. The NHTSA’s work resulted in identification of key issues of concern around impaired driving and produced dozens of recommendations to improve the state’s DUI countermeasures program. Among the recommendations offered in the 2007 Impaired Driving Technical Assessment of the State of California was a recommendation to enact legislation to require all defendants convicted of driving under the influence or reckless driving with alcohol or drugs be screened to determine if a defendant requires treatment for addiction and chemical dependency.
(d) California and the Centers for Medicare and Medicaid Services already require the use of the ASAM in other treatment settings. Under the federally approved Drug Medi-Cal Organized Delivery System waiver, counties will be required to use the ASAM tool with the Drug Medi-Cal population.
SEC. 2.
Section 11837 of the Health and Safety Code is amended to read:
11837.
(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter.
(b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court.
(c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.
(2) Notwithstanding any other
provision of
law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.
(d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code.
(e) The court may, subject to Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person.
(f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department.
(g) The court shall order, as a condition of probation for the following persons, the administration of the American Society for Addiction Medicine (ASAM) criteria to assess alcohol dependence and to inform the development of an individual’s comprehensive treatment plan:
(1) A first-time offender whose concentration of alcohol in his or her blood was 0.16 percent or greater.
(2) A person referred to an 18-month program described in Section 23542 or 23562 of the Vehicle Code.
(3) A person referred to a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code.
(h) The entity administering the assessment required by subdivision (g) shall advise the person subject to the assessment of all of the following:
(1) That the person should consult with his or her physician to discuss the results of the assessment, including any medically necessary services.
(2) If the person’s physician determines that substance use disorder treatment is medically necessary, that the person should be referred to a licensed residential or certified outpatient treatment program.
(3) That there are medications approved by the Federal Drug Administration that can address alcohol dependence.
(i) The goal of the assessment required by subdivision (g) is to assist persons participating in the program to recognize their chemical dependency and to assist them in their recovery.
SECTION 1.
It is the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels to determine if the individual needs treatment and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.

Summary: Existing law makes it an offense to drive a vehicle while under the influence of alcohol. Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. This bill would require a court to impose an alcohol dependence assessment, as specified, as a condition of probation for a person in an 18-month or 30-month driving-under-the-influence program, or for a first offender who had a specified blood alcohol level. The bill would require the entity administering the assessment to advise the person, among other things, that there are medications that can address alcohol dependence, and that the person should consult his or her physician regarding the results of the assessment. The bill would state findings and declarations of the Legislature regarding driving under the influence. This bill would express the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels, to determine if the individual needs treatment, and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.

An act
to amend Section 11837 of the Health and Safety Code,
relating to driving under the influence.


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

SECTION 1.
The Legislature finds that this bill is necessary because of the unique circumstances affecting members of entities authorized in Division 21 (commencing with Section 58001) and Division 22 (commencing with Section 63901) of the Food and Agricultural Code as a result of involvement in the production, processing, or handling of agricultural products.
SEC. 2.
Section 58853 is added to the Food and Agricultural Code, to read:
58853.
(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board:
(1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.
SEC. 3.
Section 63906 is added to the Food and Agricultural Code, to read:
63906.
(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council:
(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.
SEC. 4.
Section 67039 of the Food and Agricultural Code is amended to read:
67039.
“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years.
SEC. 5.
Section 67051 of the Food and Agricultural Code is amended to read:
67051.
(a) There is in the state government the California Avocado Commission.
(b) The commission shall be composed of the following members:
(1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district.
(B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district.
(C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district.
(2) Two avocado handlers elected on a statewide basis.
(3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission.
(4) The secretary who shall be a nonvoting ex officio member of the commission.
SEC. 6.
Section 67051.1 of the Food and Agricultural Code is repealed.
SEC. 7.
Section 67052 of the Food and Agricultural Code is amended to read:
67052.
(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.
(b) The alternate producer member shall, in the absence of a producer member from the same district, sit in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting on the commission.
SEC. 8.
Section 67052.3 of the Food and Agricultural Code is amended to read:
67052.3.
(a) There shall be one alternate handler member to be elected in the same manner as the handler members.
(b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission.
SEC. 9.
Section 67053 of the Food and Agricultural Code is amended to read:
67053.
(a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission.
(b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill.
SEC. 10.
Section 67054 of the Food and Agricultural Code is amended to read:
67054.
(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.
(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.
(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any handler elected to the commission pursuant to this section shall be required to maintain his or her eligibility under this section during his or her entire term of office.
(d) The public member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission.
SEC. 11.
Section 67059 of the Food and Agricultural Code is amended to read:
67059.
Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission.
SEC. 12.
Section 67081 of the Food and Agricultural Code is amended to read:
67081.
(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled avocados in the preceding marketing season. The request for information from handlers shall be in writing and shall be filed by the handlers within 60 days following receipt of the written request.
(b) Any producer of avocados whose name does not appear upon the secretary’s list of producers may have his or her name established on the list by filing with the commission a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter.
SEC. 13.
Section 67132 of the Food and Agricultural Code is amended to read:
67132.
Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission shall be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if he or she finds either one of the following:
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding season by all of the producers who voted in the referendum.
SEC. 14.
The Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by these limitations and the need for protecting that interest:
In order for food and agriculture marketing order advisory boards and agricultural and seafood industry councils and commissions to hold meetings and make timely decisions, it is in the state’s interest to revise the requirements for teleconferences for these boards, councils, and commissions in order to encourage participation by directors. Many of these directors are located in remote locations in the state that are difficult for the public to access and the directors may need to participate from a nonstationary location.

Summary: Existing law establishes the California Avocado Commission within the state government, and requires the commission to establish no fewer than 3 districts and no more than 5 districts within the state, each representing approximately the same percentage of avocado production in California. Existing law requires the commission to consist of a specified number of producers who are not handlers, based on the number of districts the commission establishes, 4 handlers who are elected on a statewide basis, one public member, and the Secretary of Food and Agriculture, and requires there to be 2 alternate handler members. Existing law requires a vacancy of a member position on the commission to be filled by the alternate member. Existing law authorizes certain handlers who handle a specified percentage of volume of avocados to appoint one handler member to the commission and the other handlers to nominate and elect the remaining handler members. This bill would instead require that a vacancy of a member position be filled by a majority vote of the commission. The bill would decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member. The bill would remove the authorization for specified handlers to appoint a handler member. Existing law requires producer members and alternate producer members, at the time of the election, to have a financial interest in producing, or causing to be produced, avocados for market within the district in which the producer stands for election. Existing law prohibits a producer who chooses to stand for election in a particular district from standing for election in any other district for a period of 4 years from the date of his or her most recent election to the commission. This bill would delete this prohibition on the producer. The bill would specify that, for these purposes, a producer or grower would not include a person who has an average annual production of less than 10,000 pounds of avocados in the 3 preceding marketing years. The bill would require that, to be nominated and elected to the commission, a handler or alternate handler handle no less than 1 of the total industry volume of avocados in the preceding marketing year. Existing law provides that a quorum of the commission is 11 voting members if the commission consists of 3 or 5 districts, and is 10 voting members if the commission consists of 4 districts. Existing law authorizes the commission to recommend to the secretary that the operations of the commission be suspended upon a specified finding of 11 voting members if the commission consists of 3 or 5 districts, or 10 voting members if the commission consists of 4 districts. This bill would instead provide that a quorum of the commission is 9 voting members if the commission consists of 3 or 4 districts, and is 10 voting members if the commission consists of 5 districts. The bill would make a similar change to the authorization of the commission to recommend suspension of its operations. Existing law requires the secretary to establish a list of producers in each district and, in establishing the lists, requires handlers to file, within 90 days following receipt of a written request by the secretary, certain information about each producer from whom the handler purchased or handled avocados. This bill would require handlers to file the information, including the grove location of each producer instead of district numbers, within 60 days. Existing law, the California Marketing Act of 1937, authorizes the Secretary of Food and Agriculture to issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any commodity by any and all persons that are engaged in the producer marketing, processing, distributing, or handling of the commodity within this state. The act requires that any marketing order issued pursuant to the act provide for the establishment of an advisory board to assist the secretary in the administration of any marketing order, as prescribed. Existing law also establishes various commissions and councils to advance the interests of the state’s agricultural and seafood industries to provide benefit to the entire industry and all the people of this state. Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public and all persons be permitted to attend any meeting of a state body. Existing law requires a state body subject to the open meeting requirements of the act that conducts a meeting or proceeding by teleconference to post agendas at all teleconference locations and requires each teleconference location to be accessible to the public. The act also requires the state body to provide an opportunity for members of the public to address the state body directly from any teleconference location. This bill would require that, for a meeting held by teleconference by a marketing order advisory board or an agricultural or seafood industry council or commission, a member of the advisory board, council, or commission participating by teleconference be listed in the minutes of the meeting and would require the member to provide notice of his or her participation by teleconference at least 24 hours before the meeting. The bill would require the advisory board, council, or commission to designate a primary physical meeting location and would require at least one member of the advisory board, council, or commission to be in attendance at the primary physical meeting location. The bill would require the teleconference phone number and other specified information to be included in the agenda and would require the agenda to be open to the public. The bill would require the advisory board, council, or commission to adopt certain teleconferencing guidelines prior to holding a meeting by teleconference. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

An act to amend Sections 67039, 67051, 67052, 67052.3, 67053, 67054, 67059, 67081, and 67132 of, to add Sections 58853 and 63906 to, and to repeal Section 67051.1 of, the Food and Agricultural Code, relating to food and agriculture.