October 3, 2024

Throughout the 2023-2024 Legislative Session, CSAC has kept you informed about key legislative developments. With Governor Newsom’s final actions now complete, CSAC will publish a series of articles highlighting new laws and vetoed bills in each policy area. This week, our focus is on the Administration of Justice policy area, covering the impact of newly enacted legislation on retail theft, fentanyl/opioids, law enforcement, and more.

For additional information, please contact Ryan Morimune or Michaela Stone.

AB 2432 (Gabriel) (Chapter 651, Statutes of 2024) – SUPPORTED

California Victims of Crime Act: This measure establishes the California Crime Victims Fund (CVF) in the California State Treasury and authorizes courts to impose additional fines on corporations convicted of a misdemeanor or felony, known as the corporate white-collar criminal enhancement, with the fines deposited into the California Crime Victims Fund.

SB 1144 (Skinner) (Chapter 172, Statutes of 2024) – SUPPORTED

Marketplaces: online marketplaces: This measure expands existing provisions on online marketplaces and improves enforcement authority over illegitimate operations. This measure also modifies current definitions to apply to a broader range of sellers and consumers and expands protections and transparency for consumers by ensuring that online marketplaces create both a policy that prohibits the sale of stolen goods, and a mechanism in which individuals may report the sale of stolen goods. Further, this bill requires that online marketplaces notify law enforcement of illegal transactions and extends the Attorney General’s current authority to take civil action against those utilizing online marketplaces to sell stolen goods to district attorneys, county counsel, and city attorneys.

AB 1779 (Irwin) (Chapter 165, Statutes of 2024)

Theft: jurisdiction: This measure removes jurisdictional rules for specified crimes; if multiple offenses are committed by the same individual in multiple jurisdictions, action may be brought in any involved jurisdiction, subject to a consolidation of the offenses and agreement across all involved district attorneys, effectively allowing criminal action by all impacted counties.

AB 1802 (Jones-Sawyer) (Chapter 166, Statutes of 2024)

Crimes: organized crime: This measure extends the operation of both the crime of organized retail theft, as well as the Department of California Highway Patrol and Department of Justice’s reginal property crime task force, indefinitely.

AB 1960 (Rivas, Robert) (Chapter 220, Statutes of 2024)

Sentencing enhancements: property loss: This measure authorizes sentencing enhancements for the unlawful taking, damaging, or destroying of property while attempting or committing a felony, until January 1, 2030. This measure also allows for aggregation in specified situations that arise from a common scheme or plan or exceed certain financial losses.

AB 1972 (Alanis) (Chapter 167, Statutes of 2024)

Regional property crimes task force: The regional property crimes task force, as convened by the California Department of Highway Patrol and the Department of Justice, is required to assist railroad law enforcement; this measure also specifies that cargo theft is to be a property crime for consideration by the task force.

AB 2943 (Zbur, Rivas) (Chapter 168, Statutes of 2024)

Crimes: shoplifting: Among other provisions, this measure makes it a crime to possess and intend to sell, or otherwise, unlawfully acquired property that exceeds $950, as well as authorizing the aggregation of that property’s value, subject to specific conditions. This measure also authorizes a warrantless arrest for a misdemeanor shoplifting offense by a peace officer, prohibits local jurisdictions from levying nuisance actions against a business for reporting retail crime if those reports are intentionally false, and expands probationary terms in specified circumstances.

AB 3209 (Berman) (Chapter 169, Statutes of 2024)

Crimes: theft: retail theft restraining orders: This measure authorizes courts to issue a criminal protective order when sentencing for an offense that involves theft or vandalism from of a retail establishment, as well as battery of an employee of the establishment. Prosecutors may file a criminal protective order against a defendant who committed multiple offenses at the same establishment.

AB 628 (Wilson) (Chapter 54, Statutes of 2024)

Prisons: employment of inmates: This measure requires that the California Department of Corrections and Rehabilitation (CDCR) develop a voluntary [paid] work program, which would include wages as determined by local ordinance. This measure is contingent on passage of Proposition 6 in the 2024 General Election on November 5.

AB 2645 (Lackey) (Chapter 730, Statutes of 2024)

Electronic toll collection systems: information sharing: law enforcement: This measure authorizes transportation agencies that utilize electronic toll collection systems to provide specific identifiable information of a vehicle license plate reader to a peace officer. Existing law prohibits transportation agencies from providing identifiable information to law enforcement with limited exceptions; this measure authorizes the sharing of information pursuant to a search warrant or in the event of the activation of the Emergency Alert System.  

AB 2106 (McCarty) (Chapter 1007, Statutes of 2024)

Probation: This measure authorizes courts to order drug treatment or education, if a defendant is charged with a controlled substance and is granted probation, and if an applicable program can accept the defendant.

AB 3013 (Maienschein) (Chapter 250, Statutes of 2024)

Courts: remote court reporting: This measure authorizes Superior Courts in thirteen counties to undergo pilot projects dedicated to studying the use of remote court reporting to make verbatim records.

SB 989 (Ashby) (Chapter 654, Statutes of 2024)

Domestic violence: deaths: Among other things, this measure expands processes and guidelines for law enforcement, such as relating to training to recognize signs of domestic homicides, and to undergo additional steps, such as interviewing family members, when involved in an investigation into a domestic violence death. Additionally, this measure authorizes coroners to follow specific procedures if there is reasonable belief that the death was caused or related to domestic violence, including in instances of suicide.  

SB 1025 (Eggman) (Chapter 924, Statutes of 2024)

Pretrial diversion for veterans: This measure adds felony offenses to pretrial diversion programs for a defendant currently, or having previously served as a member of the U.S. Armed Forces, and when the defendant’s condition played a significant role in the offense. This measure also authorizes prosecutors to request a court order to prohibit firearm use by veteran defendants until restoration, pursuant to certain situations.

SB 42 (Umberg) (Chapter 640, Statutes of 2024)

Community Assistance, Recovery, and Empowerment (CARE) Court Program: process and proceedings: This measure expands on various components of the CARE Act process, including that notice of continuances must be provided to specified individuals commencing July 1, 2025, and that specified facilities may refer involuntarily treated individuals to the local county behavioral health agency; other provisions include the ability for petitioners to amend petitions without refiling, authorization of expanded communications between involved courts, and more. Importantly, this bill takes effect immediately as an urgency statute. Importantly, this bill takes effect immediately as an urgency statute.

SB 1323 (Menjivar) (Chapter 646, Statues of 2024)

Criminal procedure: competence to stand trial: Among other things, this measure allows evaluation of a defendant’s mental competency by up to two licensed medical professionals, as well as a subsequent report of this evaluation to be submitted to the court for determination, in lieu of a traditional hearing to determine competency. Should a felony defendant be found to be incompetent [to stand trial], the court would be required to ascertain if attaining competency is in the interest of the justice system.  

SB 1400 (Stern) (Chapter 647, Statutes of 2024) – CONCERNS

Criminal procedure: competence to stand trial: This measure requires hearings for misdemeanor incompetent to stand trial (IST) defendants to determine diversion eligibility, and if ineligible, to determine appropriate referrals. Amongst other provisions, this measure makes considerable changes to the Community Assistance, Recovery and Empowerment (CARE) Act. The measure requires that counties report specified data elements for both active and former CARE participants, and some of the added requirements are not Medi-Cal reimbursable activities, nor is some of the data accessible to counties.

AB 1859 (Alanis) (Chapter 684, Statutes of 2024)

Coroners: duties: This measure authorizes coroners to test for the presence of xylazine if there is reasonable belief of an accidental or intentional opioid overdose, or if intervention efforts were unsuccessful. Positive results must be provided quarterly to the California Department of Public Health (CDPH), which must make such information available (Note: CDPH is to post information on the total number of xylazine-positive results, the number of xylazine-positive results by county, and the number of xylazine-positive overdose deaths, per 100,000 population.)

AB 1976 (Haney) (Chapter 689, Statutes of 2024)

Occupational safety and health standards: first aid materials: opioid antagonists: This measure requires that the California Department of Occupational Safety and Health (Cal-OSHA) to submit a draft rulemaking proposal to revise regulations relating to first aid materials, to require opioid antagonists, as well as instructions for usage and guidance for storage. A notable component of this measure is the limits on liability of those who administer, or attempt to administer, opioid-antagonists.  

SB 908 (Cortese) (Chapter 867, Statutes of 2024)

Fentanyl: child deaths: This measure requires the California Department of Public Health (CDPH) to monitor and identify trends in child deaths related to fentanyl in youth ages 0 to 5 years, with annual guidance to local health departments, county boards of supervisors, and the Legislature.