New California Laws for 2010
Summary of New California Criminal Laws for 2010
AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.
AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.
AB 91 New "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.
AB 532 will allow police to obtain a search warrant to seize guns or other deadly weapons from within a house after a report of domestic violence or mental health incident.
SB598 will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle.
SB 748 would provide that no person, state or local public agency, or private entity shall post the home address, the telephone number, or personal identifying information that discloses the location of any witness or witness family member participating in the Witness Relocation and Assistance Program (WRAP) with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness' family member.
AB 750 gives courts the ability to offer a deferred entry of judgment "DEJ" instead of jail time for minor offenses.
AB 962 requires gun sellers to record sales of ammunition, and requires the fingerprinting and identification of the purchaser.
New California Laws for 2010 - CALIFORNIA LEGISLATIVE COUNSEL'S DIGESTS:
AB 14 - a motor vehicle can be decalred be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_14_bill_20091011_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
AB 14, Fuentes. Vehicles: nuisance abatement: impoundment.
Existing law authorizes a city, county, or city and county to
establish a 5-year pilot program that implements a procedure to
declare a motor vehicle to be a public nuisance when the motor
vehicle is used in the commission of specified crimes related to
prostitution.
This bill would repeal the provisions authorizing the pilot
program and would instead authorize a city, county, or city and
county to adopt an ordinance declaring a motor vehicle to be a
nuisance subject to an impoundment period of up to 30 days when the
motor vehicle is involved in the commission of any one or more of
specified crimes related to prostitution or illegal dumping of
commercial quantities of waste matter upon a public or private
highway or road, if the owner or operator of the vehicle has had a
prior conviction for the same offense within the past 3 years. The
bill would require the ordinance to include specified provisions
related to notice, the payment of towing, storage, and administrative
fees, the provision of a poststorage hearing, and the release of the
impounded vehicle.
AB 58 - Now an Infraction to participate in a betting pool with less than $2,500 at stake. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_58_bill_20090806_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
AB 58, Jeffries. Sports betting pools.
Existing law makes it either a misdemeanor or a felony, punishable
by imprisonment in either a county jail or in the state prison, for
a person, whether or not for gain, hire, or reward, to make a betting
pool or place a bet or wager on the result of any contest or event,
including a sporting event, as specified.
This bill would create an exception to that provision, making it
an infraction, punishable by a fine not to exceed $250, for a person,
not for gain, hire, or reward, other than that at stake under
conditions available to every participant, to participate in a bet,
wager, or betting pool with another person or group of persons who
are not acting for gain, hire, or reward other than that at stake
under conditions available to every participant, on the result of any
contest or event, including a sporting event, as specified. This
exception would not apply to any bet, bets, wager, wagers, or betting
pool or pools made online or to betting pools with more than $2,500
at stake.
AB 91 - a new "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_91_bill_20091011_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
Vehicles: driving under the influence (DUI):
Ignition Interlock Device.
(1) Existing law requires all manufacturers of ignition interlock
devices that meet specified requirements and are certified in a
manner approved by the Department of Motor Vehicles, that intend to
market the devices in this state, to first apply to the department on
forms provided by the department and to pay an accompanying fee in
an amount not to exceed the amount necessary to cover the costs
incurred by the department in carrying out those provisions.
This bill would require a manufacturer and a manufacturer's agent,
certified by the department to provide ignition interlock devices,
to provide each year to the department information on the number of
false positives and the time to reset the device. The bill would also
require the department to use this information in evaluating the
continued certification of an ignition interlock device.
(2) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law also authorizes a
person whose privilege is suspended or revoked in that manner to
receive a restricted driver's license if specified requirements are
met, including, in some instances, the installation of an ignition
interlock device on the person's vehicle.
This bill would require the department to establish a pilot
program from July 1, 2010, to January 1, 2016, in the Counties of
Alameda, Los Angeles, Sacramento, and Tulare that requires, as a
condition of being issued a restricted driver's license, being
reissued a driver's license, or having the privilege to operate a
motor vehicle reinstated subsequent to a conviction for a violation
of the above offenses, a person to install for a specified period of
time an ignition interlock device on all vehicles he or she owns or
operates, except as provided. The amount of time the ignition
interlock device would be required to be installed would be based
upon the number of convictions, as prescribed. The bill would
prohibit the implementation of the pilot program if the department
fails to obtain, by January 31, 2010, nonstate funds for the
programming costs of the pilot program.
AB 532 - will allow police to obtain a search warrant warrant to seize guns or other deadly weapons from within a house after a report of domestic violence or mental health incident. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0501-0550/ab_532_bill_20091011_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
Existing law establishes various grounds for the issuance of a
search warrant. This bill would additionally authorize issuance of a search
warrant when the property or things to be seized include a firearm or
any other deadly weapon that is owned by, or in the possession of,
or in the custody or control of, a person who has been detained or
apprehended for examination of his or her mental condition, as
specified. The bill would also authorize issuance of a search warrant
when the property or things to be seized include a firearm or any
other deadly weapon at the scene of, or at the premises occupied or
under the control of the person arrested in connection with, a
domestic violence incident involving a threat to human life or a
physical assault, as specified.
The bill would also state that it is not the intent of the
Legislature in enacting the measure to authorize the seizure of
firearms in specified circumstances.
SB 598 - will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0551-0600/sb_598_bill_20091011_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
(1) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug, or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood, or who is addicted to the use of any drug. Existing
law authorizes a person whose privilege is suspended or revoked in
that manner to receive a restricted driver's license if specified
requirements are met, including, in some instances, the installation
of a certified ignition interlock device on the person's vehicle.
Existing law requires that a person, convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of a separate violation of one of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being suspended for 2 years. The Department of
Motor Vehicles is required to advise the person that he or she may
apply for a restricted driver's license after completion of 12 months
of the suspension period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, submitting proof of installation of a certified
ignition interlock device, agreeing to maintain the ignition
interlock device, and paying certain fees, including, but not limited
to, all administrative fees or reissue fees.
This bill would instead require the department to advise a person,
who was only under the influence of an alcoholic beverage at the
time of the violation, that he or she may apply for a restricted
driver's license after completion of 90 days of the suspension
period, under certain circumstances.
(2) Existing law requires that a person convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of 2 separate violations of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being revoked for 3 years. The department is
required to advise the person that he or she may apply for a
restricted driver's license after completion of 12 months of the
revocation period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, satisfactory completion of 12 months of an
18-month or 30-month driving-under-the-influence program, submitting
proof of installation of a certified ignition interlock device,
agreeing to maintain the ignition interlock device, and paying
certain fees.
This bill would instead require the department to advise a person,
who was found to be only under the influence of an alcoholic
beverage at the time of the violation, of his or her ability to apply
for a restricted driver's license after completion of 6 months of
the revocation period, subject to certain conditions, including that
if the person is convicted of a specified offense that person
subsequently satisfactorily provides proof of enrollment in an
18-month or 30-month driving-under-the-influence program, as
prescribed. The bill would require the person to pay a fee sufficient
to cover the costs of administration, as determined by the
department.
(3) This bill would require that a person convicted of driving
under the influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to another, within
10 years of being convicted of a separate violation of one of the
specified driving-under-the-influence offenses, be punished by his or
her driving privilege being revoked for 2 years. This bill would
authorize the department to reinstate the privilege provided certain
conditions are met. This bill would require the department to advise
the person that he or she may apply for a restricted driver's license
after completion of 12 months of the suspended period, subject to
certain conditions including, among other things, that the person
provides proof of enrollment in an 18-month or 30-month
driving-under-the-influence program, as prescribed.
(4) This bill would also require a person convicted of driving
under the influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to another, within
10 years of being convicted of 2 separate violations of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being revoked for 3 years. This bill would
authorize the department to reinstate the privilege provided certain
conditions are met. This bill would require the department to advise
the person that he or she may apply for a restricted driver's license
after completion of 12 months of the suspended period, subject to
certain conditions, including, among other things, that the person
has satisfactorily completed the initial 12 months of an 18-month or
30-month driving-under-the-influence program as prescribed.
(5) This bill would make other conforming changes.
(6) This bill would become operative on July 1, 2010.
SB 748 - Witness Relocation and Assistance Program: address records. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0701-0750/sb_748_bill_20091011_chaptered.pdf
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
SB 748, Leno. Witness Relocation and Assistance Program: address
records. Existing law establishes the Witness Relocation and Assistance
Program.
This bill would provide that no person, state or local public
agency, or private entity shall post the home address, the telephone
number, or personal identifying information that discloses the
location of any witness or witness family member participating in the
Witness Relocation and Assistance Program (WRAP) with the intent
that another person imminently use that information to commit a crime
involving violence or a threat of violence against that witness or
witness' family member, and that a violation of these provisions
would be a misdemeanor punishable by a fine of up to $2,500, or up to
6 months in a county jail, or by both that fine and imprisonment.
The bill would also provide that a violation that leads to the bodily
injury of the witness, or the witness' family members who are
participating in the program, is a misdemeanor punishable by a fine
of up to $5,000, or up to one year in a county jail, or by both that
fine and imprisonment. The bill would authorize participants in the
program to submit opt-out forms to Internet search engine providers
to notify those providers of the participants, and to prevent
inclusion of the participants' addresses and telephone numbers in
public Internet search databases, as specified. The bill would
require a business, state or local agency, private entity, or person
to remove the home address or telephone number of a WRAP participant
from its public Internet search databases within two business days of
delivery of the opt-out form, and to ensure the information is not
reposted on the same Internet Web site, a subsidiary site, or any
other Internet Web site maintained by the recipient of the opt-out
form, and would subject a violator of this provision to a $5,000
civil fine, as specified. The bill would authorize a witness whose
home address or telephone number is made public as a result of a
violation, as specified, to bring an action seeking injunctive or
declaratory relief. The bill would further provide that no business,
state or local agency, private entity, or person that has received an
opt-out form from a WRAP participant shall solicit, sell, or trade
on the Internet the home address or telephone number of that
participant, and would authorize an action for damages, as specified,
for a violation of this prohibition
AB 750 - expands the courts ability to offer a deferred entry of judgment "DEJ" instead of jail time for drug offenses. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0701-0750/ab_750_bill_20091011_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
Existing law provides that entry of judgment may be deferred with
respect to defendants who are charged with certain enumerated crimes
and meet certain criteria including that they have no prior
convictions for any offense involving controlled substances and have
had no prior felony convictions within the 5 years prior, as
specified. Existing law provides that if the prosecuting attorney
determines that a defendant may qualify for a deferred entry of
judgment, the prosecuting attorney must advise the defendant and his
or her attorney in writing, as specified. Existing law provides that,
upon successful completion of a deferred entry of judgment program,
the arrest upon which the judgment was deferred shall be deemed to
have never occurred and allows for the sealing of court and arrest
records where the interests of justice would be served, as specified.
Existing law similarly establishes a preguilty plea drug court
program wherein criminal proceedings are suspended without a plea of
guilty for designated defendants.
This bill would authorize a superior court, with the concurrence
of the prosecuting attorney of the county, to create a deferred entry
of judgment reentry program aimed at preventing recidivism among
first-time nonviolent felony drug offenders. The bill would specify
the characteristics of that program and the process for eligibility
for the program.
AB 962 - requires gun sellers to record sales of ammunition, and requires the fingerprinting and identification of the purchaser. (Click Here to see the full text of the law). http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0951-1000/ab_962_bill_20091011_chaptered.html
According to the CALIFORNIA LEGISLATIVE COUNSEL'S DIGEST:
Existing law generally regulates the sale of ammunition.
The bill would provide that no handgun ammunition vendor, as
defined, shall sell, offer for sale, or display for sale, any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser without the assistance of the vendor or employee
thereof.
Existing law generally regulates what information is required to
be obtained in connection with the transfer of ammunition.
This bill would, subject to exceptions, commencing February 1,
2011, require handgun ammunition vendors to obtain a thumbprint and
other information from ammunition purchasers, as specified. A
violation of these provisions would be a misdemeanor.
This bill would provide that a person enjoined from engaging in
activity associated with a criminal street gang, as specified, would
be prohibited from having under his or her possession, custody, or
control, any ammunition. Violation of these provisions would be a
misdemeanor.
The bill would prohibit supplying or delivering, as specified,
handgun ammunition to prohibited persons, as described, by persons or
others who know, or by using reasonable care should know, that the
recipient is a person prohibited from possessing ammunition or a
minor prohibited from possessing ammunition, as specified. Violation
of these provisions is a misdemeanor with specified penalties.
The bill would provide, subject to exceptions, that commencing
February 1, 2011, the delivery or transfer of ownership of handgun
ammunition may only occur in a face-to-face transaction, with the
deliverer or transferor being provided bona fide evidence of identity
of the purchaser or other transferee. A violation of these
provisions would be a misdemeanor.
