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

SECTION 1.
Section 6902.6 is added to the Revenue and Taxation Code, to read:
6902.6.
(a) A claim for refund that is otherwise valid under Sections 6902 and 6904 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), or Article 4 (commencing with Section 6536) of Chapter 5.
(c) This section shall apply only to claims for refunds made on or after the effective date of the act adding this section.
SEC. 2.
Section 9152.3 is added to the Revenue and Taxation Code, to read:
9152.3.
(a) A claim for refund that is otherwise valid under Sections 9152 and 9153 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 8776), Article 3 (commencing with Section 8801), or Article 4 (commencing with Section 8826) of Chapter 4.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 3.
Section 30362.2 is added to the Revenue and Taxation Code, to read:
30362.2.
(a) A claim for refund that is otherwise valid under Sections 30362 and 30363 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 30201), Article 3 (commencing with Section 30221), or Article 4 (commencing with Section 30241) of Chapter 4.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 4.
Section 32402.3 is added to the Revenue and Taxation Code, to read:
32402.3.
(a) A claim for refund that is otherwise valid under Section 32402 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 32271), Article 3 (commencing with Section 32291), or Article 5 (commencing with Section 32311) of Chapter 6.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 5.
Section 40112.3 is added to the Revenue and Taxation Code, to read:
40112.3.
(a) A claim for refund that is otherwise valid under Sections 40112 and 40113 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of surcharge determined” means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 40071) or Article 4 (commencing with Section 40081) of Chapter 4.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 6.
Section 41101.3 is added to the Revenue and Taxation Code, to read:
41101.3.
(a) A claim for refund that is otherwise valid under Sections 41101 and 41102 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of surcharge determined” means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 41070) or Article 4 (commencing with Section 41080) of Chapter 4.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 7.
Section 43452.3 is added to the Revenue and Taxation Code, to read:
43452.3.
(a) A claim for refund that is otherwise valid under Section 43452 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 43201) or Article 5 (commencing with Section 43350) of Chapter 3.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 8.
Section 45652.3 is added to the Revenue and Taxation Code, to read:
45652.3.
(a) A claim for refund that is otherwise valid under Section 45652 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 45201) or Article 4 (commencing with Section 45351) of Chapter 3.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 9.
Section 46502.3 is added to the Revenue and Taxation Code, to read:
46502.3.
(a) A claim for refund that is otherwise valid under Sections 46502 and 46503 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 46201), Article 3 (commencing with Section 46251), or Article 4 (commencing with Section 46301) of Chapter 3.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 10.
Section 50140.3 is added to the Revenue and Taxation Code, to read:
50140.3.
(a) A claim for refund that is otherwise valid under Section 50140 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 50113) or Article 4 (commencing with Section 50120.1) of Chapter 3.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 11.
Section 55222.3 is added to the Revenue and Taxation Code, to read:
55222.3.
(a) A claim for refund that is otherwise valid under Section 55222 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 55061) or Article 4 (commencing with Section 55101) of Chapter 3.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.
SEC. 12.
Section 60522.3 is added to the Revenue and Taxation Code, to read:
60522.3.
(a) A claim for refund that is otherwise valid under Sections 60522 and 60523 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination.
(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 60301), Article 3 (commencing with Section 60310), or Article 4 (commencing with Section 60330) of Chapter 6.
(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.


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

SECTION 1.
This act shall be known and may be cited as the Fix Our Roads Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a) According to the Governor, California faces a $5.7 billion annual shortfall in funding state highway maintenance and rehabilitation. Local governments have identified an additional $7.8 billion annual shortfall for maintaining local streets and roads.
(b) Ensuring the safe and efficient movement of goods and people is a fundamental role of government. California has neglected its roads and highways. According to the Department of Transportation (Caltrans), more than 15 percent of the state’s 50,000 miles of state highways are characterized as “distressed,” and require substantial rehabilitation and reconstruction work. An additional 25 percent of the state highway system is in need of corrective maintenance.
(c) California is ranked 45th in the United States by the Reason Foundation’s 21st Annual Report on the Performance of State Highway Systems for overall highway condition and performance.
(d) According to The Road Information Program, a national transportation research group, congestion-related delays cost California motorists $20.4 billion every year. In Los Angeles and the Bay Area, the average motorist loses 61 hours due to congestion each year, costing $1,300 in lost time and wasted fuel. In the commercial sector, $1.34 trillion in goods are shipped from sites in California. According to the American Transportation Research Institute, traffic congestion in California adds over $1.7 billion annually in operational costs for the commercial trucking sector.
(e) According to the American Petroleum Institute, Californians pay the fourth highest gas tax in the nation.
(f) In 2015, the state’s cap-and-trade program was expanded to cover transportation fuels. According to the State Energy Resources Conservation and Development Commission, this added an additional 10 cents to the cost of a gallon of gas. The Legislative Analyst’s Office estimates this tax will grow automatically to between 13 cents and 20 cents per gallon over the next five years. When this “hidden tax” is included, Californians pay the highest gas tax in the nation.
(g) This hidden tax on gasoline will generate between $1 billion and $3 billion per year in new revenue. None of this revenue supports road maintenance and rehabilitation.
(h) During the last recession, the Legislature diverted approximately $1 billion per year in truck weight fees from funding road maintenance and rehabilitation to backfill the state’s General Fund.
(i) General Fund spending grew by more than $15 billion between the 2013–14 and 2015–16 fiscal years. The weight fee diversion has not been reversed, and none of this new spending directly supported road maintenance or rehabilitation projects.
(j) The Legislative Analyst projects the state will have an $11.5 billion surplus in the 2016–17 fiscal year.
(k) The Legislature borrowed $482 million from the state’s Traffic Congestion Relief Program in 2001. None of this loan has been repaid.
(l) The Legislature is funding construction of a $68-billion-high-speed rail project. If constructed, this project would reduce traffic congestion by only 1 percent. In addition to more than $500 million per year in cap-and-trade revenue, taxpayers will pay $650 million per year in bond debt service over the next 30 years to fund this project.
(m) California does not spend existing road funds efficiently. The cost of meeting the state’s highway maintenance needs has nearly tripled over 10 years, while gas tax revenue for maintenance has remained steady. In May 2014, the Legislative Analyst released a review of staff support costs at Caltrans. The report determined that Caltrans is overstaffed by 3,500 full-time employees, at a cost of more than $500 million per year.
(n) Gas taxes and vehicle registration fees are regressive, and disproportionately harm low-income and middle class working families. Lower income Californians drive less fuel efficient vehicles, and commute longer distances due to the state’s lack of affordable housing.
(o) According to the American Automobile Association, Californians already pay the highest gas prices in the nation.
(p) The Governor proposes placing 1,500,000 zero-emission vehicles on California’s roads by 2025. Electric vehicle owners are disproportionately wealthy, and do not contribute any gas tax to pay for road maintenance and rehabilitation. According to an October 2015 University of California, Berkeley, study, the wealthiest 20 percent of households capture 90 percent of federal tax credits for electric vehicle purchases.
(q) Because electric vehicle owners do not pay gas tax, increasing the gas tax shifts the burden for roadway maintenance to lower income Californians.
(r) In September 2015, the Governor proposed a $500 million gas tax increase, and a $2 billion vehicle registration fee increase, to fund road maintenance and rehabilitation. The $65 registration fee increase would more than double the existing base registration fee.
SEC. 3.
A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 4.
(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following advisory question to the voters at the November 8, 2016, consolidated election:
“Shall the California Legislature disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation?”
(b) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section.
SEC. 5.
(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election.
(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number.
(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act.
SEC. 6.
This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.


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

SECTION 1.
It is the intent of the Legislature to ensure that there is a process that management and supervisors in a state health care facility are required to follow to avoid on-the-spot mandatory overtime of any psychiatric technician (PT) or psychiatric technician assistant (PTA) whose regularly scheduled work shift is complete, and to prevent circumstances where an employee is stopped at the gate of, for example, a Department of Corrections and Rehabilitation and California Correctional Health Care Services facility, and is instructed to return to work at the end of the employee’s regularly scheduled work shift. It is the intent of the Legislature to prohibit a state facility that employs PTs or PTAs from using mandatory overtime as a scheduling tool, or as an excuse for fulfilling an operational need that results from a management failure to properly staff those state facilities.
SEC. 2.
Section 19851.4 is added to the Government Code, to read:
19851.4.
(a) As used in this section:
(1) “Emergency situation” means any of the following:
(A) An unforeseeable declared national, state, or municipal emergency.
(B) A highly unusual or extraordinary event that is unpredictable or unavoidable and that substantially affects providing needed health care services or increases the need for health care services, which includes any of the following:
(i) An act of terrorism.
(ii) A natural disaster.
(iii) A widespread disease outbreak.
(iv) An emergency declared by a warden, superintendent, or executive director, or a severe emergency that necessitates the assistance of an outside agency.
(2) “Facility” means any facility that provides clinically related health services that is operated by the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, or the State Department of Developmental Services in which a PT or PTA works as an employee of the state.
(3) “Management or supervisor” means any person or group of persons acting directly or indirectly on behalf of, or in the interest of, the facility, whose duties and responsibilities include facilitating staffing needs.
(4) “On call or on standby” means alternative staff who are not currently working on the premises of the facility and who satisfy either of the following criteria:
(A) Are compensated for their availability.
(B) Have agreed to be available to come to the facility on short notice, if the need arises.
(5) “PT” or “PTA” means all classifications of psychiatric technician or psychiatric technician assistant.
(b) A facility shall not require a PT or PTA to work in excess of a regularly scheduled workweek or work shift. A PT or PTA may volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift but the refusal by a PT or PTA to accept those additional hours shall not constitute either of the following:
(1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA.
(2) Patient abandonment or neglect.
(c) In order to avoid the use of mandatory overtime as a scheduling tool, management and supervisors shall consider employees to fulfill the additional staffing needs of a facility in the following priority order:
(1) First priority shall be given to employees who volunteer or agree to work hours in addition to their regularly scheduled workweek or work shift.
(2) Second priority shall be given to individuals who are part-time or intermittent employees.
(3) Third priority shall be given to employees who are on call or on standby.
(d) This section shall not apply in any of the following situations:
(1) To a PT or PTA participating in a surgical procedure in which the nurse is actively engaged and whose continued presence through the completion of the procedure is needed to ensure the health and safety of the patient.
(2) If a catastrophic event occurs in a facility and both of the following factors apply:
(A) The catastrophic event results in such a large number of patients in need of immediate medical treatment for which the facility is incapable of providing sufficient PTs or PTAs to attend to the patients without resorting to mandatory overtime.
(B) The catastrophic event is an unanticipated and nonrecurring event.
(3) If an emergency situation occurs.
(e) This section shall not be construed to affect the Psychiatric Technicians Law (Chapter 10 (commencing with Section 4500) of Division 2 of the Business and Professions Code) or a PT or PTA’s duty under the standards of competent performance.
(f) This section shall not be construed to preclude a facility from hiring part-time or intermittent employees.
(g) This section shall not prevent a facility from providing employees with more protections against mandatory overtime than the minimum protections established pursuant to this section.


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

SECTION 1.
Section 27375 of the Vehicle Code is amended to read:
27375.
(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following:
(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards.
(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2017.
(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle.
(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle.
(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol.
(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the following:
(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section.
(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary.
(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013.
(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013.
SEC. 2.
Section 34500.4 of the Vehicle Code is amended to read:
34500.4.
(a) Not later than July 1, 2017, the Department of the California Highway Patrol shall implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
(b) (1) The inspection program shall include, but is not limited to, the safe operation of the vehicle, the installation of safety equipment, the retention of maintenance logs, accident reports, and records of driver discipline, compliance with federal and state motor vehicle safety standards, the examination of a preventative maintenance program, and, if ownership of the modified limousine has been transferred, the transmission of relevant safety and maintenance information of the limousine.
(2) Pursuant to the safety inspection program, the department shall conduct an inspection of each terminal of a charter-party carrier of passengers and passenger stage corporation that operates modified limousines at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes of this subdivision. The adoption by the department of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action to the Office of Administrative Law. The emergency regulations shall remain in effect for no more than one year, by which time final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an inspection fee to be collected every 13 months, based on the number of modified limousines operated by a single charter-party carrier or passenger stage corporation. The fee shall be in an amount sufficient to offset the costs to administer the inspection program and shall not be used to supplant or support any other inspection program conducted by the department. The fee shall be in addition to any other required fee. When developing the regulations, the department shall consider measures that increase efficiencies to limit the financial impact to charter-party carriers of passengers and passenger stage corporations subject to the fee. The department shall promulgate the regulations in consultation with appropriate interested parties.
(B) The fee structure established pursuant to this subdivision shall apply to modified limousines that are required to undergo a safety inspection pursuant to this section.
(C) The fee established pursuant to this subdivision shall be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department.
(5) The department shall transmit to the Public Utilities Commission inspection data of modified limousine terminals inspected pursuant to this program, as specified in the program regulations.
(c) Regulations adopted pursuant to this section shall be consistent with the established inspection program administered by the department for buses pursuant to this division.


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

SECTION 1.
Section 19320 of the Business and Professions Code is amended to read:
19320.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter.
(b)  Licensing authorities administering this chapter may issue state licenses only to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. One year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, no person shall engage in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. An entity seeking licensure pursuant to this chapter shall obtain a local license, permit, or other authorization prior to applying for state licensure. State licensing entities shall not issue a license to any applicant that is unable to provide documentation confirming authorization to operate from the local government in which the applicant proposes to operate. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a local license, permit, or other authorization from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance.
(c) Each licensee shall obtain a separate license for each location where it engages in commercial medical cannabis activity. However, transporters only need to obtain licenses for each physical location where the licensee conducts business while not in transport or where any equipment that is not currently transporting medical cannabis or medical cannabis products permanently resides.
(d) Revocation of a local license, permit, or other required authorization shall terminate the ability of a medical cannabis business to operate within that local jurisdiction until the local jurisdiction reinstates or reissues the local license, permit, or other authorization. Local authorities shall notify the bureau upon revocation of a local license, permit, or other authorization. The bureau shall inform relevant licensing authorities.
(e) Revocation of a state license shall terminate the ability of a medical cannabis licensee to operate within California until the licensing authority reinstates or reissues the state license.
(f) In addition to the provisions of this chapter, local jurisdictions retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant to this chapter and the business activities of those licensees.
(g) Nothing in this chapter shall be construed to supersede or limit state agencies, including the Department of Food and Agriculture, the State Water Resources Control Board, and the Department of Fish and Wildlife, from establishing fees to support their medical cannabis regulatory programs.
(h) (1) Notwithstanding any other provision of this chapter:
(A) With regard to commercial cannabis activity in the City of Los Angeles, the licensing authorities shall not require a local license, permit, or other authorization and shall issue a state license to engage in commercial cannabis activity only if the licensing authorities determine the applicant satisfies all of the requirements of this act and demonstrates that it meets all of the following criteria established by Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election:
(i) The applicant was operating in the City of Los Angeles as a medical marijuana business by September 14, 2007, as evidenced by a business tax registration certificate issued by the City of Los Angeles on or before November 13, 2007.
(ii) The applicant registered with the City of Los Angeles city clerk by November 13, 2007, in accordance with all of the requirements of the City of Los Angeles’ Interim Control Ordinance.
(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050).
(B) A state license issued pursuant to this paragraph for commercial cannabis activity shall have the same force and effect and shall confer the same benefits and responsibilities as licenses issued to licensees outside the City of Los Angeles that obtain a license, permit, or other authorization from the local jurisdiction.
(C) The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license.
(2) Notwithstanding paragraph (1), if the voters of Los Angeles approve an initiative, after January 1, 2016, but prior to the time that the State of California begins issuing state licenses, that authorizes the City of Los Angeles to issue local licenses to medical marijuana businesses in Los Angeles, the exemption for local licensing in Los Angeles as set forth in paragraph (1) shall be superseded by the local licensing requirements as enacted by that initiative.


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

SECTION 1.
Section 49013 of the Education Code is amended to read:
49013.
(a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article.
(c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal.
(d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board.
(e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013. A public school shall not establish a local policy or procedure pursuant to this subdivision that authorizes the public school to resolve a complaint filed pursuant to this section, whether formally or informally, by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as required by subdivision (d).
(g) The Superintendent shall have all power and authority necessary to ensure that, when the department finds merit in an appeal filed pursuant to this section, the complaint is resolved pursuant to subdivision (d) in a timely manner.
(h) If the department finds merit in an appeal filed pursuant to this section, the department’s written decision shall identify with specificity the corrective action that the public school shall take to confirm that it has provided a remedy to all affected pupils, including, if applicable, specific direction regarding the reasonable efforts the public school shall take to ensure full reimbursement to all affected pupils.
(i) If the public school failed to address an issue raised in the complaint filed pursuant to this section in the public school’s decision about that complaint, the department shall require the public school to respond to the issue within 10 business days and, after providing this opportunity to respond, the department shall make findings on the merit of the appeal without remanding the complaint to the public school for further consideration, regardless of whether the public school provided the required response.
(j) If the complainant submits evidence in conjunction with the appeal that is related to an issue raised in the underlying complaint and that is presented for the first time on appeal, the department shall determine whether there is merit in the appeal regardless of the newly submitted evidence. If the department determines there is merit in the appeal, the department shall resolve the underlying complaint. If the department determines there is not merit in the appeal, the department shall send the underlying complaint and new evidence back to the public school for further consideration.
(k) If the complainant raises one or more issues on appeal that were not presented in the underlying complaint, the department shall remand any new issue to the public school to treat as a newly filed complaint as provided in this section, but shall resolve the remainder of the appeal as provided in this section.
(l) A public school shall provide to the department, within 60 days of the department’s written decision, evidence documenting that the public school has complied with any corrective action specified in the written decision and the requirements of subdivision (d).
(m) If the public school has not satisfied the requirement in subdivision (l), the superintendent of the school district or the county office of education or the principal of the charter school, as appropriate based on the public school involved in the underlying complaint, shall appear at the next regularly scheduled meeting of the governing board or body of the public school to explain the public school’s failure to satisfy that requirement.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
(a) The Legislature finds and declares the following:
(1) According to a national study, false confessions extracted during police questioning of suspects have been identified as a leading cause of a wrongful conviction. Although threats and coercion sometimes lead innocent people to confess, even the most standardized interrogations can result in a false confession or admission. Mentally ill or mentally disabled persons are particularly vulnerable, and some confess to crimes because they want to please authority figures or to protect another person. Additionally, innocent people may come to believe that they will receive a harsher sentence, or even the death penalty, unless they confess to the alleged crime.
(2) Three injustices result from false confessions. First, a false confession can result in an innocent person being incarcerated. Second, when an innocent person is incarcerated, the criminal investigations end and the real perpetrator remains free to commit similar or potentially worse crimes. Third, victims’ families are subjected to double the trauma: the loss of, or injury occurring to, a loved one and the guilt over the conviction of an innocent person. Mandating electronic recording of custodial interrogations of both adults and juveniles will improve criminal investigation techniques, reduce the likelihood of wrongful convictions, and further the cause of justice in California.
(3) Evidence of a defendant’s alleged statement or confession is one of the most significant pieces of evidence in any criminal trial. Although confessions and admissions are the most accurate evidence used to solve countless crimes, they can also lead to wrongful convictions. When there is a complete recording of the entire interrogation that produced such a statement or confession, the factfinder can evaluate its precise contents and any alleged coercive influences that may have produced it.
(b) For these reasons, it is the intent of the Legislature to require electronic recording of custodial interrogations of both adults and juveniles. Recording interrogations decreases wrongful convictions based on false confessions and enhances public confidence in the criminal justice process. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation, prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation, prevent a defendant from lying about the account of events he or she originally provided to law enforcement, and spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe.
SEC. 2.
Section 859.5 of the Penal Code is amended to read:
859.5.
(a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution’s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible.
(b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances:
(1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report.
(2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing.
(3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section.
(4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section.
(5) A law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report.
(6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible.
(7) The questions presented to a person by law enforcement personnel and the person’s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person.
(8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section.
(c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies.
(d) A person’s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply:
(1) The statements are admissible under applicable rules of evidence.
(2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily.
(3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording.
(4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation.
(e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance:
(1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation.
(2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant’s statement was involuntary or is unreliable, provided the evidence is otherwise admissible.
(3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation.
(f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format.
(g) For the purposes of this section, the following terms have the following meanings:
(1) “Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished.
(2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video recording that accurately records a custodial interrogation.
(B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available.
(3) “Fixed place of detention” means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff’s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities.
(4) “Law enforcement officer” means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
(a) It is the intent of the Legislature to create a green infrastructure program that would encourage state agencies to account for and reduce the greenhouse gas emissions associated with
energy-intensive
emissions-intensive
products that are used in major infrastructure projects and funded in whole or in part with state funds. This program would reduce the greenhouse gas emissions associated with
energy-intensive
emissions-intensive
products by providing a market for high-quality goods with the lowest overall greenhouse gas emissions.
(b) If
energy-intensive
emissions-intensive
products are sourced from facilities that do not comply with California’s climate energy goals or if a product is transported a long distance to the job site, it creates a large amount of greenhouse gas emissions that is part of the emissions total California is seeking to reduce by 2020. By ignoring these emissions, California is shifting the burden of emissions reductions to other portions of the economy and this places additional burden on California’s businesses and consumers. It would be better for consumers if the state acknowledges the emissions associated with large infrastructure projects and crafts a procurement process to procure a green product, a product that lowers greenhouse gas emissions while still meeting quality standards.
(c) Executive Order B-30-15 issued by Governor Edmund G. Brown Jr. stipulates that “State agencies shall take climate change into account in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.” It also notes that state agencies’ planning investments shall be guided by principles that build climate preparedness and reduce greenhouse gas emissions.
SEC. 2.
Section 10130 is added to the Public Contract Code, to read:
10130.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the department shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the department. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the department shall incorporate the greenhouse gas emissions information described in subdivision (b) into its procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
SEC. 3.
Section 10503.5 is added to the Public Contract Code, to read:
10503.5.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the Regents of the University of California shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the Regents of the University of California. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the Regents of the University of California shall incorporate the greenhouse gas emissions information described in subdivision (b) into University of California procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.
SEC. 4.
Section 10727 is added to the Public Contract Code, to read:
10727.
(a) As used in this section:
(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more.
(2)
“Energy-intensive product”
“Emissions-intensive product”
means a product that is produced by
a company
the following industry sectors, as
identified by the cap-and-trade program of the State Air Resources Board as
energy
emissions
intensive, trade
exposed.
exposed:
(A) Cement manufacturing.
(B) Flat glass manufacturing.
(C) Iron and steel mills.
(D) Rolled shape manufacturing.
(b) (1) On or before January 1, 2018, the trustees shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with
energy-intensive
emissions-intensive
products in projects within the jurisdiction of the trustees. The emissions total shall take into account the greenhouse gas emissions that are produced when the
energy-intensive
emissions-intensive
product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the
energy-intensive
emissions-intensive
product from the site of its manufacture to the project site.
(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(c) As of January 1, 2018, the trustees shall incorporate the greenhouse gas emissions information described in subdivision (b) into California State University procurement processes, including bid specifications, to procure
energy-intensive
emissions-intensive
products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.


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

SECTION 1.
Section 52.5 of the Civil Code is amended to read:
52.5.
(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs.
(b) In addition to the remedies specified in this section, in an action under subdivision (a), the plaintiff may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may also be awarded upon proof of the defendant’s malice, oppression, fraud, or duress in committing the act of human trafficking.
(c) An action brought pursuant to this section shall be commenced within seven years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority.
(d) If a person entitled to sue is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability is not part of the time limited for the commencement of the action. Disability will toll the running of the statute of limitations for this action.
(1) Disability includes being a minor, lacking legal capacity to make decisions, imprisonment, or other incapacity or incompetence.
(2) The statute of limitations shall not run against a plaintiff who is a minor or who lacks the legal competence to make decisions simply because a guardian ad litem has been appointed. A guardian ad litem’s failure to bring a plaintiff’s action within the applicable limitation period will not prejudice the plaintiff’s right to do so after his or her disability ceases.
(3) A defendant is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff.
(4) The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to all other related claims arising out of the trafficking situation.
(5) The running of the statute of limitations is postponed during the pendency of criminal proceedings against the victim.
(e) The running of the statute of limitations may be suspended if a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.
(f) A prevailing plaintiff may also be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.
(g) Restitution paid by the defendant to the victim shall be credited against a judgment, award, or settlement obtained pursuant to an action under this section. A judgment, award, or settlement obtained pursuant to an action under this section shall be subject to Section 13963 of the Government Code.
(h) A civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. As used in this section, a “criminal action” includes investigation and prosecution, and is pending until a final adjudication in the trial court or dismissal.
SEC. 2.
Section 354.8 is added to the Code of Civil Procedure, to read:
354.8.
(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years:
(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:
(A) An act of torture, as described in Section 206 of the Penal Code.
(B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code.
(C) A war crime, as defined in Section 2441 of Title 18 of the United States Code.
(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(E) (i) Crimes against humanity.
(ii) For purposes of this paragraph, “crimes against humanity” means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack:
(I) Murder.
(II) Extermination.
(III) Enslavement.
(IV) Forcible transfer of population.
(V) Arbitrary detention.
(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds.
(VIII) Enforced disappearance of persons.
(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury.
(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(3) An action for the taking of property in violation of international law, in which either of the following apply:
(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state.
(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.
(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.
(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations.
(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state.
(d) A prevailing plaintiff may be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.
(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


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

SECTION 1.
Section 54.27 is added to the Civil Code, to read:
54.27.
(a) An attorney who provides a prelitigation letter to an education entity shall do both of the following:
(1) Include the attorney’s State Bar license number in the prelitigation letter.
(2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access.
(b) An attorney who sends or serves a complaint against an education entity shall do both of the following:
(1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint.
(2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission:
(A) The date of the judgment, settlement, or dismissal.
(B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint.
(C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint.
(c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated.
(d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim.
(e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code.
(f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code.
(g) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims.
(h) Nothing in this section applies to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or makes the requirements of this section applicable to such a claim.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims.
(2) “Construction-related accessibility claim” or “claim” means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person.
(3) “Education entity” means the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges Office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency.
(4) “Prelitigation letter” means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.
SEC. 2.
Section 8299.08 of the Government Code is amended to read:
8299.08.
The commission shall compile the following data with respect to any demand letter, prelitigation letter, or complaint sent to the commission pursuant to Section 54.27 or 55.32 of the Civil Code and post the information on its Internet Web site, pursuant to the following:
(a) The commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters.
(b) Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its Internet Web site a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters.
(c) The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s Internet Web site periodically, but not less than every six months beginning July 31, 2013.
(d) Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by January 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.


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

SECTION 1.
Section 667.61 of the Penal Code is amended to read:
667.61.
(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life.
(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.
(c) This section shall apply to any of the following offenses:
(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(5) Sexual penetration, in violation of subdivision (a) of Section 289.
(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a.
(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288.
(9) Continuous sexual abuse of a
child,
child
in violation of Section 288.5.
(10) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(11) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(12) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(13) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) The following circumstances shall apply to the offenses specified in subdivision (c):
(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).
(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).
(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.
(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).
(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.
(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.
(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age.
(e) The following circumstances shall apply to the offenses specified in subdivision (c):
(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.
(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.
(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.
(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.
(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.
(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.
(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d).
(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law.
(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.
(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section.
(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions
,
as defined in subdivision (d) of Section 667.6.
(j) (1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.
(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life.
(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c).
(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a
minor
minor,
14 years of age or
older
older,
shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life.
(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a
minor
minor,
14 years of age or
older
older,
shall be punished by imprisonment in the state prison for 25 years to life.
(n) Subdivisions (l) and (m) shall apply to any of the following offenses:
(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261.
(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289.
(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286.
(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a.
(7) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(8) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(9) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(10) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.
SEC. 2.
Section 667.9 of the Penal Code is amended to read:
667.9.
(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.
(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.
(c) Subdivisions (a) and (b) apply to the following crimes:
(1) Mayhem, in violation of Section 203 or 205.
(2) Kidnapping, in violation of Section 207, 209, or 209.5.
(3) Robbery, in violation of Section 211.
(4) Carjacking, in violation of Section 215.
(5) Rape, in violation of paragraph
(2)
(1), (2),
or (6) of subdivision (a) of Section 261.
(6) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.
(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1.
(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision
(d),
(d) or (g),
of Section 286.
(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision
(d),
(d) or (g),
of Section 288a.
(10) Sexual penetration, in violation of subdivision (a)
or (b)
of Section 289.
(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.
(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following:
(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.
(2) Likely to continue indefinitely.
(3) Results in substantial functional limitation in three or more of the following areas of life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
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 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.