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

SECTION 1.
Section 301 of the Elections Code is amended to read:
301.
A “ballot” means any of the following:
(a) The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b) One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c) One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d) An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
SEC. 2.
Section 303.3 of the Elections Code is amended to read:
303.3.
“Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.
Section 305.5 is added to the Elections Code, to read:
305.5.
“Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.
Section 362 of the Elections Code is amended to read:
362.
“Voting system” means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. “Voting system” does not include a remote accessible vote by mail system.
SEC. 5.
Section 19271 of the Elections Code is amended to read:
19271.
As used in this article:
(a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b) “Direct recording electronic voting system” means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c) “Voter verified paper audit trail” means a paper cast vote record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot.
(e) “Parallel monitoring” means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.
The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:
CHAPTER  3.5. Certification of Remote Accessible Vote By Mail Systems
SEC. 7.
Section 19280 of the Elections Code is amended to read:
19280.
The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.
Section 19281 of the Elections Code is amended to read:
19281.
(a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.
Section 19282 of the Elections Code is repealed.
SEC. 10.
Section 19283 of the Elections Code is amended to read:
19283.
(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3) The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.
Section 19284 of the Elections Code is amended to read:
19284.
(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b) After receiving an applicant’s written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c)  As used in this chapter:
(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law.
(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law.
SEC. 12.
Section 19285 of the Elections Code is amended to read:
19285.
The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.
Section 19286 of the Elections Code is amended to read:
19286.
The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
SEC. 14.
Section 19287 of the Elections Code is amended to read:
19287.
(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.
Section 19288 of the Elections Code is amended to read:
19288.
Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.
Section 19290 of the Elections Code is amended to read:
19290.
(a) If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b) After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.
Section 19291 of the Elections Code is amended to read:
19291.
If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.
Section 19292 of the Elections Code is amended to read:
19292.
The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.
Section 19293 of the Elections Code is amended to read:
19293.
(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.
(3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election.
(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election.
(B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c)  Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.
Section 19294 of the Elections Code is amended to read:
19294.
(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b) Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.
Section 19295 of the Elections Code is amended to read:
19295.
A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a) Have the capability, including an optional capability, to use a remote server to mark a voter’s selections transmitted to the server from the voter’s computer via the Internet.
(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c) Have the capability, including the optional capability, to tabulate votes.


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

SECTION 1.
The Legislature finds and declares that pilot projects are demonstrating that schools have significantly lower special education costs when schools partner with county-funded Medi-Cal mental health services providers to address the mental health problems of pupils in a comprehensive multitiered model that includes services for pupils at the earliest time, usually years before they would require special education, which can often be prevented. Thus, the Legislature encourages the partnerships authorized by this act to, whenever possible, look for opportunities and funding to provide pupils who do not have individualized education programs, but are in need of, and could benefit from, prevention and early intervention services, with those services. The Legislature further encourages the State Department of Education and the State Department of Health Care Services to work toward the development of protocols to identify students who are Medi-Cal beneficiaries receiving educationally related mental health services as part of an individual educational plan for the purposes of data tracking.
SEC. 2.
Part 6 (commencing with Section 5920) is added to Division 5 of the Welfare and Institutions Code, to read:
PART 6. County and Local Educational Agency Partnerships
5920.
(a) Notwithstanding any other law, a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency may enter into a partnership that includes all of the following:
(1) The coum 0;">(3) The local educational agency, with permission of the pupil’s parent, provides the county mental health plan provider with the information of the health insurance carrier for each pupil.
(4) The agreement between the county mental health plan, or the qualified provider, and the local educational agency addresses how to cover the costs of mental health provider services not covered by funds pursuant to paragraph (1) in the event that mental health service costs exceed the agreed-upon funding outlined in the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency following a yearend cost reconciliation process, and in the event that the local educational agency does not elect to provide the services through other means.
(5) The agreement between the county mental health plan, or the qualified provider, and the local educational agency fulfills reporting and all other requirements under state and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect of the mental health intervention and how that intervention meets the goals in a pupil’s IEP or relevant plan for non-IEP pupils.
(6) The county mental health plan, or the qualified provider, and the local educational agency participate in the performance outcome system established by the State Department of Health Care Services pursuant to Section 14707.5 to measure results of services provided under the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency.
(7) A plan to establish a partnership described in this section in at least one school within the local educational agency in the first year and to expand the partnership to three additional schools within three years.
(b) For purposes of this section, “local educational agency” has the same meaning as that term is defined in Section 56026.3 of the Education Code.
(c) Where applicable, and to the extent mutually agreed to by a school district and a plan or insurer, it is the intent of the Legislature that a health care service plan or a health insurer be authorized to participate in the partnerships described in this part.
5921.
(a) The County and Local Educational Agency Partnership Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding the partnerships described in this part. The State Department of Education shall fund partnerships described in this part through a competitive grant program.
(b) (1) For the 2017–18 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act or another measure for purposes of this part, the Superintendent of Public Instruction shall allocate funds from that appropriation to the County and Local Educational Agency Partnership Fund.
(2) Other funds identified and appropriated by the Legislature may also be deposited into the County and Local Educational Agency Partnership Fund and used for the purposes specified in subdivision (a).
(c) Funds made available in the annual Budget Act for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program, shall be used only for that purpose and shall not be deposited into the County and Local Educational Agency Partnership Fund.


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

SECTION 1.
Section 54954.2 of the Government Code is amended to read:
54954.2.
(a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 54954.2 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas of legislative bodies of specific local agencies on the Internet homepage of those certain local agencies.
SEC. 3.
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 under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.


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

SECTION 1.
Chapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  2.3. Online Child Care Job Posting Services
18890.
For the purposes of this chapter, the following definitions apply:
(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers.
(b) “Background check service provider” means any person or business that provides or offers to provide background check services.
18890.2.
(a) (1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:

“Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.”

(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:

“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.””

(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, it shall provide, by means of a one-click link on each California child care provider profile for which background checks are offered, the written description of the background check provided to it, as described in subdivision (c).
(c) Background check service providers that provide background checks for online child care job posting services in California shall provide to the online child care job posting services a written description of the background checks conducted that includes at a minimum:
(1) A detailed description of what is included in the background check.
(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable:
(A) The source of the data, the name of the database used, and a brief description of the data included in the database.
(B) The date range of the oldest data and the most recent data included.
(C) How often the information is updated.
(D) How the databases are checked (by name, social security number, fingerprints, etc.).
(E) A list of the counties for which no data is available.
18890.4.
(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider.
(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
18890.6.
(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages.
(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.


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

SECTION 1.
The Legislature finds and declares the following:
(a) Every day 22 veterans take their own lives.
(b) Thirty percent of veterans have considered suicide.
(b)
The number of veterans who take their own lives is likely much higher as certificates of death do not require veteran status to be listed and may be under reporting the number of suicides.
SEC. 2.
Section 102875 of the Health and Safety Code is amended to read:
102875.
The certificate of death shall be divided into two sections.
(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1) (A) Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence,
and
occupation and industry or
business.
business, and, commencing July 1, 2016, whether the decedent was ever in the armed forces of the United States.
(B)
Commencing July 1, 2015, a
A
person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C)
Commencing July 1, 2015, if
If
a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)
Commencing July 1, 2015, a
A
person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)
Commencing July 1, 2015, a
A
person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section.
(2) Date of death, including month, day, and year.
(3) Place of death.
(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5) Informant.
(6) Disposition of body information
,
including signature and license number of
embalmer
embalmber,
if
the
body
is
embalmed
embalmed,
or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other
provision of law to the contrary,
law,
an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other
provision of law to the contrary,
law,
the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8) Date accepted for registration and signature of local registrar. Notwithstanding any other
provision of law to the contrary,
law,
the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1) Disease or conditions leading directly to death and antecedent causes.
(2) Operations and major findings thereof.
(3) Accident and injury information.
(4) Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy.
(5) Commencing July 1, 2016, information indicating whether the cause of death was suicide. This information shall include all methods of suicide, including suicides that involve law enforcement, also known as “suicide by cop.”
SEC. 3.
Section 102791 is added to the Health and Safety Code, to read:
102791.
Commencing July 1, 2016, the local registrar shall make data on veteran suicides available to the Department of Veterans Affairs and the United States Department of Veterans Affairs.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.
Section 800 of the
Military and Veterans Code
is amended to read:
800.
(a)(1)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, any member of the United States Military Reserve or the National Guard of this state who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts, may defer payments on any of the following obligations while serving on active duty:
(A)An obligation secured by a mortgage or deed of trust.
(B)Credit card, as defined in Section 1747.02 of the Civil Code.
(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code.
(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code.
(E)Up to two vehicle loans.
(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty.
(2)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty:
(A)An obligation secured by a mortgage or deed of trust.
(B)Credit card, as defined in Section 1747.02 of the Civil Code.
(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code.
(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code.
(E)Up to two vehicle loans.
(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty.
(G)Any obligation owed to a utility company.
(b)(1)In order for an obligation or liability of a reservist to be subject to this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following:
(A)A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations.
(B)A copy of the reservist’s activation or deployment order and any other information that substantiates the duration of the service member’s military service.
(2)If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty.
(c)Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty.
(d)The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days, and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period.
(e)If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred.
(f)If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral.
(g)For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.


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

SECTION 1.
Section 1170.18 of the Penal Code is amended to read:
1170.18.
(a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act.
(b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider all of the following:
(1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes.
(2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated.
(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety.
(c) As used throughout this Code, “unreasonable risk of danger to public safety” means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667.
(d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody.
(e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence.
(f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors.
(g) If the application satisfies the criteria in subdivision (f ), the court shall designate the felony offense or offenses as a misdemeanor.
(h) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f ).
(i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
(j) Any petition or application under this section shall be filed on or before November 4, 2022, or at a later date upon showing of good cause.
(k) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(l) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.
(m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.
(n) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act.
(o) A resentencing hearing ordered under this act shall constitute a “post‑conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law).


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

SECTION 1.
Article 7.5 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
Article  7.5. School District of Choice Continued Enrollment
48317.
Notwithstanding any other law, a pupil attending a school in a school district of choice on or before July 1, 2017, pursuant to Article 7 (commencing with Section 48300), as that article read on December 31, 2016, may continue to attend that school if the school district of choice authorizes the pupil to do so.
48318.
This article shall become operative on July 1, 2017.
SECTION 1.
Section 653.23 of the
Penal Code
is amended to read:
653.23.
(a)It is unlawful for any person to do either of the following:
(1)Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(2)Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.
(b)Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following:
(1)Repeatedly speaks or communicates with another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(2)Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(3)Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.
(4)Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.
(5)Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.
(6)Receives or appears to receive money from another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(7)Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to, or on behalf of, two or more persons who are in violation of subdivision (a) of Section 653.22.
(8)Has been convicted of violating this section, subdivision (a) or (b) of Section 647, subdivision (a) of Section 653.22, Section 236.1, 266h, or 266i, or any other offense relating to or involving prostitution within five years of the arrest under this section.
(9)Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity.
(c)The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case.
(d)This section does not preclude the prosecution of a suspect for a violation of Section 236.1, 266h, or 266i, or for any other offense, or for a violation of this section in conjunction with a violation of Section 236.1, 266h, or 266i, or any other offense.
SEC. 2.
Section 602 of the
Welfare and Institutions Code
is amended to read:
602.
(a)Except as provided in subdivision (b), a person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court and may be adjudged a ward of the court.
(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction:
(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim.
(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law, subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.
(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code.
(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code.
(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code.
(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.
(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.
(c)(1)Notwithstanding subdivision (a), the juvenile court may dismiss a petition upon a finding that the juvenile who is alleged to have violated Section 653.23 or subdivision (b) of Section 647 of the Penal Code did so due to coercion or duress.
(2)For purposes of this subdivision, the following definitions apply:
(A)“Coercion” means a scheme, plan, or pattern intended to cause a person to believe that failure to perform the act would result in serious harm to, or physical restraint against, a person; the abuse or threatened abuse of legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment.
(B)“Duress” means a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act that he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.
(C)“Serious harm” means any harm, whether physical or nonphysical, including, but not limited to, psychological, financial, or reputational harm, that is sufficiently serious, under all surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sexual acts in order to avoid incurring that harm.


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

SECTION 1.
Section 146e of the Penal Code is amended to read:
146e.
(a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent or threat to inflict imminent physical harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children of these persons who reside with them, while designating the peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, shall be punished by imprisonment
in a county jail not to exceed one year or
pursuant to subdivision (h) of Section 1170.
(b) A violation of subdivision (a) with regard to any peace officer, employee of a city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(c) For purposes of this section, “public safety official” is defined in Section 6254.24 of the Government Code.
SEC. 2.
Section 148 of the Penal Code is amended to read:
148.
(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.
(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer
shall be punished
is guilty of a felony punishable
by imprisonment in state prison.
(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment
in a county jail not to exceed one year or
pursuant to subdivision (h) of Section 1170.
In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred:
(1) The officer’s holster strap was unfastened by the defendant.
(2) The firearm was partially removed from the officer’s holster by the defendant.
(3) The firearm safety was released by the defendant.
(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm.
(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it.
(6) The defendant’s fingerprint was found on the firearm or holster.
(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm.
(8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up.
(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims.
(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act.
SEC. 3.
Section 243 of the
Penal Code
is amended to read:
243.
(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)“Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)“Emergency medical technician” means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)“Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)“Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)“Injury” means any physical injury which requires professional medical treatment.
(6)“Custodial officer” means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)“Lifeguard” means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)“Traffic officer” means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)“Animal control officer” means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)“Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)“Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)“Custody assistant” means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)“Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency.
(14)“Security officer” means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(g)It is the intent of the Legislature by amendments to this section at the 1981–82 and 1983–84 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 4.
Section 243.1 of the
Penal Code
is amended to read:
243.1.
When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment in state prison.
SEC. 3.
Section 244.5 of the Penal Code is amended to read:
244.5.
(a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.
(b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by
imprisonment in the county jail for a term not exceeding one year, or by
imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.
SEC. 5.
SEC. 4.
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.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California has one of the lowest Selective Service System registration compliance rates in the nation.
(b) Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c) California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d) The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e) Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a driver’s license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act.
(f) To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the driver’s license application process should be revised so that every male applicant for an original driver’s license who is between 18 and 26 years of age may consent to his registration with the federal Selective Service System, as required by federal law.
SEC. 2.
Section 12801.3 is added to the Vehicle Code, to read:
12801.3.
(a) The department shall require an application for an original driver’s license to include, in a place deemed appropriate by the department, all of the following:
(1) The following statement and a line by the statement for the applicant’s signature:

“I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver’s license.”

(2) A notice indicating the following:

“Selective Service System Registration
Males between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.”

(3) A notice indicating the following:

“For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm”

(b) Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original driver’s license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him.
(c) The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding.
(d) The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person who has consented to registration.
(e) (1) (A) This section shall be implemented by the department only if both of the following conditions are satisfied:
(i) Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(ii) The federal Selective Service System executes a memorandum of understanding with the department that includes an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose.
(B) On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i) Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii) Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii) Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv) Post a copy of the declaration on the department’s Internet Web site.
(2) Subject to paragraph (1), the department shall implement subdivisions (a) to (d), inclusive, of this section on or before January 31, 2017.