New and Amended Statutes Edition (Effective January 1, 2022)

Vol.27  No. 1

Robert C. Phillips 
Deputy District Attorney (retired)                                                 

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THIS EDITION’S WORDS OF WISDOM: 

“The Constitution is not a document for the Government to restrain the people; it is an instrument for the People to restrain the Government.”  (Patrick Henry)

 

IN THIS ISSUE:                                                                                         

            Administrative Notes:                                                                                                  pg:

                        New and Amended Statutes; Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  2

            New and Amended Statutes:

 

Abortion Clinics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .  3

Arrest Warrants  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  5

Cannabis (Marijuana) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  5

Child Abuse  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  8

Contempt of Court  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  8

Courtrooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9

Courtroom Trial Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9

Domestic Violence and Gun Violence Restraining and Protective Orders  . . . 17

Elder and Dependent Adult Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Emotional Support Animals . . . . . . . . . . . . . . . . . . . . . . . . ..... . . .  . . . . . . . . . 29

Environmental Law  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >. . . . . .  . . . . . . . . . 31

False Police Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . 34

Firearms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . 34

Gang Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Hate Crimes  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 46

Human Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . 47

Law Enforcement’s Closure of Listed Areas . . . . . . . . . . . . . . . . . . .. . . . . . . . 54

Law Enforcement & Military Equipment  . . . . . . . . . . . . . . . . . . . . . . .... . . . . . 55

Law Enforcement Policies and Procedures . . . . . . . . . . . . . . . . . . . . .  . . . . .  56

Law Enforcement Use of Force  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 58

Nunchakus  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Peace Officer Civil Liability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 62

Peace Officer Qualifications and Disqualifiers  . . . . . . . . . . . . . . . . . . . . . . . . 65

Peace Officer Personnel Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Plea Bargaining  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Sex Offenses  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Vaccination Sites  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Vehicle Code  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Victims and Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

 

ADMINISTRATIVE NOTES:

New and Amended Statutes; Disclaimer:  The statutes listed here are not intended to cover the entire body of the Legislature’s work for 2021, nor the multiple Initiatives approved at the voters’ booth.  Only those statutes believed to be of interest to most law enforcement officers, with the concerns of prosecutors in mind, are included.  Sentencing rules, typically covered better in other publications, and other technical, non-substantive changes, have been avoided except when important to the substance of a new or amended offense.  Statutes that affect post-conviction (i.e., appellate) proceedings are also not included.  Many of the statutes that are included have been severely paraphrased, the degree of detail being dependent upon the newness, importance, and/or complexity of the statute.  Other statutes, due to their importance, novelty, and/or complexity, have been included, word-for-word, in their entirety.  Although I have made a sincere effort to avoid taking any part of a statute out of context, it is strongly recommended that the unedited statute be consulted before attempting to use it either in the field or the courtroom.  The effective date of each new or amended statute is January 1, 2022, unless otherwise indicated.  Bolding and italics have been added for emphasis.

 

NEW AND AMENDED STATUTES:

Abortion Clinics:

Pen. Code §§ 423.1, 423.2, & 423.3 (Amended; AB 1356): The California Freedom of Access to Clinic and Church Entrances Act (FACE):

Pen. Code § 423.2:  Three new subdivisions were added as follows:  “Every person who, except a parent or guardian acting towards their minor child or ward, commits any of the following acts . . . :

(g) Within 100 feet of the entrance to, or within, a reproductive health services facility, intentionally videotapes, films, photographs, or records by electronic means, a reproductive health services patient, provider, or assistant without that person’s consent with specific intent to intimidate the person from becoming or remaining a reproductive health services patient, provider, or assistant, and thereby causes the person to be intimidated.

(h) In any manner or forum, including, but not limited to, internet websites and social media, intentionally discloses or distributes a videotape, film, photograph, or recording knowing it was obtained in violation of subdivision (g) with the specific intent to intimidate the person from becoming or remaining a reproductive health services patient, provider, or assistant, and thereby causes the person to be intimidated. For purposes of this subdivision, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations.

(i) Subdivisions (g) and (h) do not apply to a person described in subdivision (b) of Section 2 of Article I of the California Constitution.”

Notes: 

Subd. (i), referencing free speech and freedom of the press, refers a publisher, editor, or news reporter connected with or employed by a newspaper, magazine, radio station, or television station.

Subds. (a) through (f) continue to describe the misdemeanor crimes of  injuring, intimidating, or interfering with a person or entity because the person or entity is a reproductive health services patient, provider, or assistant; injuring, intimidating, or interfering with a person lawfully exercising the First Amendment right of religious freedom at a place of worship; damaging or destroying the property of a person or entity because the person or entity is a reproductive health services patient, provider, assistant, or facility; and damaging or destroying the property of a place of religious worship.

Pen. Code § 423.1 provides some relevant definitions to which some minor, technical changes were made.

Pen. Code § 423.3 describes the misdemeanor punishments for each, increasing the severity of each to:

(a) A first violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed ten thousand dollars ($10,000), or both that fine and imprisonment.

(b) A second or subsequent violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.

(c) A first violation of subdivision (e) or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.

(d) A first violation of subdivision (a) or (b) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.

(e) A second or subsequent violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.

See also Pen. Code §§ 13776, 13777, 13777.2, 13778 (Amended) & 13778.1 (New; AB 1356), for reporting requirements relevant to the above violations, The Commission on Peace Officer Standards and Training (POST) training requirements, and law enforcement’s policy establishment requirements.  

Arrest Warrants:

Pen. Code § 817 (Amended; AB 127):  Arrest Warrant Affidavits:

The authority to make a declaration of probable cause in support of a warrant for arrest (as contained in subd. (a)(1)) has been expanded from a “peace officer” to also include an employee of a public prosecutor’s office (e.g., a deputy district attorney, deputy city attorney, or investigator) when the target of the warrant is a peace officer.

Cannabis (Marijuana):

Bus. & Prof. Code §§ 26001, 26010 (Amended) & 26010.7 (New; AB 141 & SB 160; Effective 7/12/21):  The “Department of Cannabis Control:”

The “Bureau of Cannabis Control” has been changed to the “Department of Cannabis Control,” with all the same duties, powers, functions, and responsibilities. 

Note:  The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA; B&P 26000–26260), the Fish & Game Code, the Food & Agricultural Code, the Government Code, the Health & Safety Code, the Penal Code, the Revenue & Taxation Code, and the Water Code have also been amended by SB 141 to reflect this name change. 

Bus. & Prof. Code § 26031.2 (New; AB 141; Effective 7/12/21):  Injunctive Relief for Violations of the MAUCRSA:

The Superior Court for the county in which a person has engaged, or is about to engage, in an act that violates the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA; B&P 26000–26260) may, upon a petition filed by the Department of Cannabis Control (DCC), issue an injunction or other appropriate order restraining such conduct, or order the violator to make restitution to persons injured as a result of the violation. The Court is also authorized to order the violator to reimburse the DCC for investigation expenses. These remedies are in addition to, and not a limitation on, the authority provided for in any other section of the MAUCRSA.

Per Pen. Code § 830.2 (Amended; AB 141), persons employed by the Department of Cannabis Control to enforce the MAUCRSA (B&P Code §§ 26000–26260) are “peace officers.”

Per Pen. Code § 830.11 (Amended; AB 141), the list of persons who are authorized to exercise the powers of arrest of a peace officer and serve search warrants even though not an actual peace officer, so long as they have taken a course in the exercise of these powers, has been expanded to include a person employed by the Department of Cannabis Control and designated as an investigator, investigator supervisor, or investigator manager, whose primary duty is the enforcement of, and investigations relating to, the MAUCRSA (B&P Code §§ 26000–26260).

Bus. & Prof. Code § 26038 (Amended; AB 1138):  Aiding and Abetting Unlicensed Commercial Cannabis Activity:

A person who “aids and abets unlicensed commercial cannabis activity” is added to the list of persons who are subject to civil penalties of up to three times the amount of the license fee for each violation, up to a maximum of $30,000 for each violation. Each day of unlicensed commercial cannabis activity constitutes a separate violation.

In order to prove “aiding and abetting,” all of the following must be proved:

1. The person was an owner, officer, controlling shareholder, or in a similar position of authority allowing him or her to make, command, and control decisions regarding the operation and management of the unlicensed cannabis activity;

2. The person had actual knowledge that the cannabis activity was unlicensed and that the activity required a license;

3. The person provided substantial assistance or encouragement to the unlicensed cannabis activity; and

4. The person’s conduct was a substantial factor in furthering the unlicensed cannabis activity.

An action for civil penalties must be brought within three years from the date of the violation.

Upon assessing a penalty for a violation of this section, the trial court must consider the following:

1. The gravity of the violation;
2. The good faith of the licensee or person;
3. The licensee’s or person’s history of previous violations; and
4. Whether and to what extent the licensee or person profited from the unlicensed cannabis activity.

Note:  As amended, District Attorneys is removed from the list of entities who may enforce these provisions against aiders and abettors (i.e., the Attorney General, County Counsels, City Attorneys, and city prosecutors; see subd. (a)(2)), although a District Attorney continues to be authorized to enforce these provisions against the actual perpetrators. (See Subd. (a)(1))

Bus. & Prof. Code § 26039.4 (Amended; AB 141; Effective 7/12/21):  Peace Officers’ Powers to Seize Cannabis and Cannabis Products.

Peace officers are empowered to seize cannabis and cannabis products when the cannabis is subject to recall or embargo by the Department of Cannabis Control, is subject to destruction, or is seized related to an investigation or disciplinary action for a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA; B&P 26000–26260).

Note:  These powers were previously contained in Bus. & Prof. Code § 26135, but is now deleted from the Business and Professions Code.

Bus. & Prof. Code § 26153.1 (New; AB 141, and Amended; SB 160; Effective no later than 1/1/23):  Establishment of Regulations Re:  Trade Samples:

The Department of Cannabis Control is required to adopt regulations establishing a process authorizing licensees to designate cannabis or cannabis products as a “trade sample.” Cannabis designated as trade samples must be labeled “TRADE SAMPLE. NOT FOR RESALE OR DONATION.” Trade samples may only be given for targeted advertising to licensees about new or existing cannabis products.

Per subd. (j), these provisions become effective upon adoption of regulations by the Department of Cannabis Control, but no later than January 1, 2023.

Pen. Code § 30625 (Amended; AB 141):  Possession of Assault Weapons and .50 BMG Rifles by the Department of Cannabis Control:

The Department of Cannabis Control is added to the long list of law enforcement agencies that may legally purchase, import, or possess an assault weapon or a .50 BMG rifle and not be in violation of Pen. Code §§ 30600 or 30610 (prohibition on .50 BMG rifles) or Pen. Code § 30605 (prohibition on assault weapons).

Pen. Code § 32000 (Amended, AB 141, Effective 7/12/2021; and (Amended; SB 715):  Department of Cannabis Control’s Purchase of Unsafe Handguns:

AB 141 adds the Department of Cannabis Control to the long list of law enforcement agencies that are authorized to purchase unsafe handguns for use as service weapons by their sworn members if those members have completed a firearms training course, and complete a live-fire qualification every six months. SB 715 makes a technical correction to a cross-reference.

Child Abuse:

Pen. Code § 11166.1 (Amended; AB 670):  Child Abuse or Neglect Reports:

Pursuant to this amended section, when an agency receives a report pursuant to Pen. Code § 11166 alleging abuse or neglect of the child of a “minor parent” or a “non-minor dependent parent,” the agency must, within 36 hours, provide notice of the report to the attorney who represents the minor parent or non-minor dependent parent in dependency court.

The terms “minor parent” and “non-minor dependent parent” have the same meaning as in existing W&I Code § 16002.5: i.e., “minor parent” means a dependent child who is also a parent and “non-minor dependent parent” means a non-minor dependent of the court who is also a parent.

Note:  By “agency,” this statute is referring to “any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department.”  (See Pen. Code § 11165.9.)

Contempt of Court:

Pen. Code § 166 (Amended; AB 764): Contempt of Court via Social Media:

Added to subdivision (b)(1) is the act of contacting a person by “social media, electronic communication, or electronic communication device” adding such an act to the methods of communication (i.e., telephone, mail, or directly) that elevate punishment for contempt of court from a maximum of six months in jail to a maximum of one year in jail when an offender violates Pen. Code § 166(a)(4) (willful disobedience of a court order) and has previously been convicted of a violation of Pen. Code § 646.9 (stalking). The fine that may be imposed was also changed from exactly $5,000 to a fine of “no more than” $5,000.

Subd. (e)(2)(A), (3) and (4):  The term “battered women’s shelter” is changed to “domestic violence shelter-based program.”

Definitions:

Subd. (b)(4)(A): “Social media” is defined as having the same definition as in Pen. Code § 632.01 (i.e.; an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.)

Subd. (b)(4)(B): “Electronic communication” is defined as having the same definition as in Pen. Code § 646.9(h) (i.e., the same definition as in 18 U.S.C. 2510, subsection 12, which in turn defines the term as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include a wire or oral communication, a communication made through a tone-only paging device, a communication from a tracking device, or electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.”)

Subd. (b)(4)(C): “Electronic communication device” is defined as having the same definition as in Pen. Code § 646.9(h) (i.e., as “including, but not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers.”)

Courtrooms:

Code of Civil Proc. § 124 (Amended; AB 716):  Public Access to Courtrooms:

A court is prohibited from excluding the public from physical access to a courtroom merely because remote access is available.

An exception is provided for when it is necessary to restrict or limit physical access to a courtroom to protect the health or safety of the public or court personnel.

When a courthouse is lawfully physically closed, as per the “exception,” above, the court must provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings, unless there is another law that authorizes or requires a proceeding to be closed.

“Remote access” is defined as including, but not limited to, an audio stream that is available on an internet website or telephonic means to listen to a court proceeding.

Courtroom Trial Procedures:

Cal. Code of Civil Proc. § 231.7 (Amended: SB 3070; Effective 1/1/21, Operative 1/1/22):  Preemptory Challenges:

(a) A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups.

(b) A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). After the objection is made, any further discussion shall be conducted outside the presence of the panel. The objection shall be made before the jury is impaneled, unless information becomes known that could not have reasonably been known before the jury was impaneled.

(c) Notwithstanding Section 226, upon objection to the exercise of a peremptory challenge pursuant to this section, the party exercising the peremptory challenge shall state the reasons the peremptory challenge has been exercised.

(d)

(1) The court shall evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. The court shall consider only the reasons actually given and shall not speculate on, or assume the existence of, other possible justifications for the use of the peremptory challenge. If the court determines there is a substantial likelihood that an objectively reasonable person would view race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, as a factor in the use of the peremptory challenge, then the objection shall be sustained. The court need not find purposeful discrimination to sustain the objection. The court shall explain the reasons for its ruling on the record. A motion brought under this section shall also be deemed a sufficient presentation of claims asserting the discriminatory exclusion of jurors in violation of the United States and California Constitutions.

(2)

(A) For purposes of this section, an objectively reasonable person is aware that unconscious bias, in addition to purposeful discrimination, have resulted in the unfair exclusion of potential jurors in the State of California.

(B) For purposes of this section, a “substantial likelihood” means more than a mere possibility but less than a standard of more likely than not.

(C) For purposes of this section, “unconscious bias” includes implicit and institutional biases.

(3) In making its determination, the circumstances the court may consider include, but are not limited to, any of the following:

(A) Whether any of the following circumstances exist:

(i) The objecting party is a member of the same perceived cognizable group as the challenged juror.

(ii) The alleged victim is not a member of that perceived cognizable group.

(iii) Witnesses or the parties are not members of that perceived cognizable group.

(B) Whether race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, bear on the facts of the case to be tried.

(C) The number and types of questions posed to the prospective juror, including, but not limited to, any the following:

(i) Consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the concerns later stated by the party as the reason for the peremptory challenge pursuant to subdivision (c).

(ii) Whether the party exercising the peremptory challenge engaged in cursory questioning of the challenged potential juror.

(iii) Whether the party exercising the peremptory challenge asked different questions of the potential juror against whom the peremptory challenge was used in contrast to questions asked of other jurors from different perceived cognizable groups about the same topic or whether the party phrased those questions differently.

(D) Whether other prospective jurors, who are not members of the same cognizable group as the challenged prospective juror, provided similar, but not necessarily identical, answers but were not the subject of a peremptory challenge by that party.

(E) Whether a reason might be disproportionately associated with a race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups.

(F) Whether the reason given by the party exercising the peremptory challenge was contrary to or unsupported by the record.

(G) Whether the counsel or counsel’s office exercising the challenge has used peremptory challenges disproportionately against a given race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, in the present case or in past cases, including whether the counsel or counsel’s office who made the challenge has a history of prior violations under Batson v. Kentucky (1986) 476 U.S. 79, People v. Wheeler (1978) 22 Cal.3d 258, Section 231.5, or this section.

(e) A peremptory challenge for any of the following reasons is presumed to be invalid unless the party exercising the peremptory challenge can show by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, and that the reasons articulated bear on the prospective juror’s ability to be fair and impartial in the case:

(1) Expressing a distrust of or having a negative experience with law enforcement or the criminal legal system.

(2) Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner.

(3) Having a close relationship with people who have been stopped, arrested, or convicted of a crime.

(4) A prospective juror’s neighborhood.

(5) Having a child outside of marriage.

(6) Receiving state benefits.

(7) Not being a native English speaker.

(8) The ability to speak another language.

(9) Dress, attire, or personal appearance.

(10) Employment in a field that is disproportionately occupied by members listed in subdivision (a) or that serves a population disproportionately comprised of members of a group or groups listed in subdivision (a).

(11) Lack of employment or underemployment of the prospective juror or prospective juror’s family member.

(12) A prospective juror’s apparent friendliness with another prospective juror of the same group as listed in subdivision (a).

(13) Any justification that is similarly applicable to a questioned prospective juror or jurors, who are not members of the same cognizable group as the challenged prospective juror, but were not the subject of a peremptory challenge by that party. The unchallenged prospective juror or jurors need not share any other characteristics with the challenged prospective juror for peremptory challenge relying on this justification to be considered presumptively invalid.

(f) For purposes of subdivision (e), the term “clear and convincing” refers to the degree of certainty the factfinder must have in determining whether the reasons given for the exercise of a peremptory challenge are unrelated to the prospective juror’s cognizable group membership, bearing in mind conscious and unconscious bias. To determine that a presumption of invalidity has been overcome, the factfinder shall determine that it is highly probable that the reasons given for the exercise of a peremptory challenge are unrelated to conscious or unconscious bias and are instead specific to the juror and bear on that juror’s ability to be fair and impartial in the case.

(g)

(1) The following reasons for peremptory challenges have historically been associated with improper discrimination in jury selection:

(A) The prospective juror was inattentive, or staring or failing to make eye contact.

(B) The prospective juror exhibited either a lack of rapport or problematic attitude, body language, or demeanor.

(C) The prospective juror provided unintelligent or confused answers.

(2) The reasons set forth in paragraph (1) are presumptively invalid unless the trial court is able to confirm that the asserted behavior occurred, based on the court’s own observations or the observations of counsel for the objecting party. Even with that confirmation, the counsel offering the reason shall explain why the asserted demeanor, behavior, or manner in which the prospective juror answered questions matters to the case to be tried.

(h) Upon a court granting an objection to the improper exercise of a peremptory challenge, the court shall do one or more of the following:

(1) Quash the jury venire and start jury selection anew. This remedy shall be provided if requested by the objecting party.

(2) If the motion is granted after the jury has been impaneled, declare a mistrial and select a new jury if requested by the defendant.

(3) Seat the challenged juror.

(4) Provide the objecting party additional challenges.

(5) Provide another remedy as the court deems appropriate.

(i) This section applies in all jury trials in which jury selection begins on or after January 1, 2022.

(j) The denial of an objection made under this section shall be reviewed by the appellate court de novo, with the trial court’s express factual findings reviewed for substantial evidence. The appellate court shall not impute to the trial court any findings, including findings of a prospective juror’s demeanor, that the trial court did not expressly state on the record. The reviewing court shall consider only reasons actually given under subdivision (c) and shall not speculate as to or consider reasons that were not given to explain either the party’s use of the peremptory challenge or the party’s failure to challenge similarly situated jurors who are not members of the same cognizable group as the challenged juror, regardless of whether the moving party made a comparative analysis argument in the trial court. Should the appellate court determine that the objection was erroneously denied, that error shall be deemed prejudicial, the judgment shall be reversed, and the case remanded for a new trial.

(k) This section shall not apply to civil cases.

(l) It is the intent of the Legislature that enactment of this section shall not, in purpose or effect, lower the standard for judging challenges for cause or expand use of challenges for cause.

(m) 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.

(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Cal. Code of Civil Proc. § 240 (New: AB 1452):  Juror Pay Pilot Program:

The Superior Court of San Francisco, the City and County of San Francisco, and their “justice partners,” are authorized to conduct a pilot program of up to two years to pay low-income jurors $100 per day in criminal cases, if their household income for the past 12 months is less than 80 percent of the San Francisco Bay Area median income (estimated at $71,700 for a single person and $102,500 for a family of four) and if they meet one of these additional criteria:

1. The trial juror’s employer does not compensate for jury service;
2. The trial juror is self-employed; or
3. The trial juror is not employed.

“Justice partners” is defined as “the San Francisco Financial Justice Project within the Treasurer’s Office, the San Francisco Public Defender’s Office, the San Francisco District Attorney’s Office, and the San Francisco Bar Association.”  (Subd. (j))

Note:  Jurors are normally paid $15 a day (except for federal, state, or local government entity—or any other public entity—employees, who receive nothing), plus mileage ($.34/mile).  (Code of Civ. Proc. § 215)

Pen. Code § 977 (Amended; AB 700):  A Defendant’s Waiver of Presence:

New subd. (d) allows a court to proceed with a trial or hearing and allows a defendant to appear by counsel when an in-custody defendant refuses to come to court and the judge makes specified findings.

A court may allow an in-custody defendant to appear by counsel at a trial, hearing, or other proceeding, with or without a written waiver, if the court finds all of the following to be true by clear and convincing evidence:

1. The defendant is in custody and is refusing, without good cause, to appear in court that day;

2. The defendant has been informed of the right and obligation to be personally present in court;

3. The defendant has been informed that the trial or hearing will proceed without the defendant being present;

4. The defendant has been informed of the right to remain silent;

5. The defendant has been informed that absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront witnesses and to testify on his or her own behalf; and

6. The defendant has been informed as to whether or not defense counsel will be present.

The court is required to state on the record the reasons for the court’s findings, and the findings and reasons must be entered into the minutes.

If the trial or hearing lasts for more than one day, the court is required to make these findings anew for each day that the defendant is absent

This new subdivision does not apply to any trial or hearing in which the defendant was personally present in court at the commencement of the trial or hearing.

Note:  This bill also makes similar amendments to Pen. Code § 1043(f) (trials) and Pen. Code § 1043.5(e) (preliminary hearings).

Pen. Code § 1170(b) (Amended; AB 124 & 567):  Aggravating Factors; Trial Requirements:

AB 124 amended Pen. Code § 1170(b) to require that upon sentencing a convicted defendant, the low term is to be imposed if a specified mitigating circumstance is found to have been a contributing factor in the commission of the crime, unless the court finds that the aggravating circumstances outweigh the mitigating circumstances such that imposition of the lower term would be contrary to the interests of justice.

These provisions are in new paragraph (6) of Pen. Code § 1170(b), as follows:  

1. The defendant has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

2. The defendant is a youth, or was a youth at the time the crime was committed. Defines “youth” as a person under age 26 on the date of the offense.

3. Prior to the offense, or during its commission, the defendant was a victim of intimate partner violence or human trafficking.

SB 567 amended Pen. Code § 1170(b) by adding a requirement that when a statute specifies three possible sentencing terms, the court shall impose no more than the middle term except where there are aggravating circumstances that justify the high term, and the facts underlying the aggravating circumstances have either been stipulated to by the defendant or have been found true beyond a reasonable doubt at a jury or court trial.

Per the amended section 1170(b), if the defendant requests bifurcation, the aggravating circumstances must be tried separately from the underlying charges and enhancements. There are three exceptions to this rule:

1. When the evidence supporting an aggravating circumstance is admissible to prove or defend against a charged crime or enhancement at trial. (E.g., evidence of violence and bodily harm (Rule of Court 4.421(a)(1)), weapon arming or use (Rule of Court 4.421(a)(2)), attempted or actual taking or damage of great monetary value (Rule of Court 4.421(a)(9)), or large quantity of contraband (Rule of Court 4.421(a)(10)).

2. When the evidence supporting an aggravating circumstance “is otherwise authorized by law.”

3. When the aggravating factor is a prior conviction that is not the basis for an enhancement, the court is permitted to “consider the defendant’s prior convictions in determining sentencing based on a certified record of conviction without submitting the prior convictions to a jury.”

The jury cannot be informed of bifurcated allegations until there is a conviction on a felony offense.

Aggravating factors must be alleged in the charging document and, unless stipulated to by the defendant, proved beyond a reasonable doubt at trial.

Note:  See also Pen. Code § 1170.1 (Amended).

Pen Code § 1428.5 (New; AB 143):  Remote Court Proceedings for Infractions:

Courts are authorized to conduct proceedings remotely, including arraignments and trials, for all infractions.  The court is required to obtain a defendant’s consent for remote proceedings and permits a court to require the physical presence of any witness or party in court for a particular proceeding.  This new section does not apply to felonies or misdemeanors. The Judicial Council is authorized to adopt rules of court to implement this section.

Note:  See also Gov’t. Code §§ 68645–68645.7 (New; AB 143) providing for the online adjudication of infraction violations and the online determination of a defendant’s ability to pay.

Domestic Violence and Gun Violence Restraining and Protective Orders:

Family Code § 6216 (New; AB 1057; Effective 7/1/22):  Definition of “Firearm” for purposes of a “Domestic Violence Restraining Order:”

This new section expands the definition of “firearm” for purposes of firearm restrictions on a person subject to a “domestic violence restraining order,” as follows:

For the purposes of this division, “firearm” includes the frame or receiver of the weapon and includes a precursor part. “Firearm precursor part” has the same meaning as in subdivision (a) of Section 16531 of the Penal Code.

Note: 

Pen. Code § 16531(a) defines “firearm precursor part” as a component of a firearm that is necessary to build or assemble a firearm and is described in either of the following categories:

1. An unfinished receiver, including both a single part receiver and a multiple part receiver, such as a receiver in an AR-10- or AR-15-style firearm. An unfinished receiver includes a receiver tube, a molded or shaped polymer frame or receiver, a metallic casting, a metallic forging, and a receiver flat, such as a Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate.

(2) An unfinished handgun frame.

(c)  Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170, are not firearm precursor parts.

(d) A firearm precursor part is not a firearm or the frame or receiver thereof. A firearm precursor part that is attached or affixed to a firearm is not subject to the requirements of Chapter 1.5 (commencing with Section 30400) of Division 10 of Title 4 of Part 6 or Section 18010.

Family Code § 6304 (Amended; SB 320):  Information re: Firearms and Ammunition Provided to Parties to a Domestic Violence Restraining Order:

Additional information is added to the information the court is required to provide to the parties when issuing a domestic violence protective order; i.e.:

How any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures; and

The process for submitting a receipt to the court showing proof of relinquishment.

Family Code §§ 6306.5, 6306.6, 6307, & 6308 (New; AB 887 & 538):  Domestic Violence Restraining Orders:

Various new provisions are provided modernizing domestic violence restraining order procedures by allow for the electronic filings and remote court hearings, as well as requiring that information about access to self-help services regarding domestic violence restraining orders be prominently visible on the Superior Court’s Internet Web site.

Family Code § 6320 (Amended; SB 374):  Reproductive Coercion:

The types of conduct that may be the subject of an ex parte domestic violence restraining order has been expanded to include a fifth category; i.e., “reproductive coercion.”

“Reproductive coercion” is defined as taking control over the reproductive autonomy of another person through force, threat of force, or intimidation, which may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or to attempt to control, pregnancy outcomes.

Note:  The other four categories are (as contained in Subd. (c)):

(1) Isolating the other party from friends, relatives, or other sources of support.

(2) Depriving the other party of basic necessities.

(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.

(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.

Family Code § 6322.5 (New; SB 320):  Procedures for When a Restrained Person is Alleged to Have a Firearm or Ammunition:

When a family or juvenile law domestic violence protective order is issued or is in effect (pursuant to Fam. Code § 6218 or W&I Code § 213.5), and information is presented to the court that the restrained person has a firearm, the following procedures are to be followed:

Procedures for Determining Whether a Restrained Person Has a Firearm or Ammunition: The Court Must Consider Relevant Information:

When relevant information is presented at a noticed hearing that a restrained person has a firearm or ammunition, the court is required to consider the information and determine, by a preponderance of the evidence, whether the restrained person has a firearm or ammunition in, or subject to, his or her immediate possession or control in violation of Fam. Code § 6389.

The Court Must Determine Whether a Restrained Person Has a Firearm or Ammunition:

The court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt, or if an exemption from the firearm prohibition was granted pursuant to Fam. Code § 6389(h) (the firearm or ammunition is necessary for employment).

The court is authorized to make the determination at a noticed hearing when a domestic violence protective order is issued, at a subsequent review hearing, or at any subsequent family or juvenile law hearing while the protective order remains in effect. If the court determines that the restrained person has a firearm or ammunition in violation of Fam. Code § 6389, the court shall make a written record of the determination and provide a copy to any party who is present at the hearing, and, upon request, to any party not present at the hearing.

Subsequent Review Hearings: 

When the court is presented with information that a restrained person has a firearm or ammunition, the court may set a review hearing to determine whether there are been a violation of Fam. Code § 6389.  The review hearing must be held within 10 court days after the noticed hearing at which information was presented.

If the restrained person is not present when the court sets the review hearing, the protected person shall provide notice of the review hearing to the restrained person at least two court days before the review hearing, by personal service or by mail to the restrained person’s last known address.

The court may, for good cause, extend the date of the review hearing for a reasonable period or remove it from the calendar.

The court is required to order the restrained person to appear at the hearing. The court may conduct the hearing in the absence of the protected person. The court may permit a party or witness to appear remotely.

A Court May Issue an Order to Show Cause for Contempt or Impose Monetary Sanctions:

The determination (about firearms and/or ammunition) may be made pursuant to this new section and may be considered by the court in issuing an order to show cause for contempt pursuant to Code of Civ. Proc. Code of Civ. Proc. § 1209(a)(5) (Disobedience of any lawful judgment, order, or process of the court) or an order for monetary sanctions pursuant to Code of Civ. Proc. § 177.5 (up to a $1,500 sanction for the violation of a lawful court order, done without good cause or substantial justification.)

Notes:

The above is as previously contained in Rule of Court 5.495, and applies to both firearms and ammunition.

Fam. Code § 6389 provides that a person subject to a Fam. Code § 6218 domestic violence protective order shall not own, possess, purchase, or receive a firearm or ammunition, and requires the court to order relinquishment. (See below)

See Welf. & Inst. Code § 213.5 (Amended; SB 320): When a juvenile court issues a protective order pursuant to this section, Fam. Code § 6389 (see below) applies, and the court must make a determination as to whether the restrained person is in possession or control of a firearm or ammunition as provided in new Fam. Code § 6322.5. (See above)

Family Code § 6389 (Amended; SB 320):  Relinquishment of Firearms and Ammunition by a Restrained Person:

Two additional ways that a restrained person may relinquish a firearm or ammunition have been added to the statute; i.e.:

1. Transfer the firearm or ammunition to a licensed gun dealer; or
2. Relinquishment the firearm or ammunition for storage to a licensed gun dealer.

Note:  The section continues to permit a restrained person to sell a firearm or ammunition to a licensed gun dealer, or to surrender them to law enforcement officials.

New requirements for the court are added to the statute: 

1. Review the case file and determine whether the restrained person has filed a receipt showing the surrender or relinquishment of firearms and/or ammunition;
2. Inquire of the restrained person whether he or she has complied with the relinquishment requirement; and
3. Report violations of the firearms prohibition to the prosecuting attorney within two business days.

The statute now requires (i.e., “shall”) instead of “recommend(ing)”, that every law enforcement agency develop, adopt, and implement written policies and standards for officers who request, pursuant to existing provisions in Fam. Code § 6389, that restrained persons relinquish firearms and ammunition.  (Subd. (c)(5))

Note:  Fam. Code § 6389 prohibits a person subject to a domestic violence protective order from owning, possessing, purchasing, or receiving a firearm or ammunition while that protective order is in effect, and sets forth relinquishment procedures. Section 6389 requires a court, upon issuing a protective order, to also order the restrained person to relinquish firearms and ammunition. It requires a law enforcement officer who serves a protective order that indicates the restrained person possesses firearms or ammunition, to request that the person immediately surrender them.  The section also provides that if a request is not made by law enforcement, the relinquishment must occur within 24 hours of being served with the protective order.

 

Note:  See Pen. Code § 25555 (Amended; SB 320):  “Transportation of a Firearm For the Purpose of Relinquishing the Firearm By a Person Subject to a Domestic Violence Restraining Order,” below.

 

Pen. Code § 1203.4 (Amended; AB 1281):  Protective Orders and Dismissal of an Underlying Criminal Case:

 

The dismissal of a conviction does not release the defendant from the terms and conditions of any unexpired criminal protective order that was issued pursuant to Pen. Code § 136.2(i)(1) (a restraining order for up to ten years in favor of the victim of a specified domestic violence, sex, or gang crime); Pen. Code § 273.5(j) (a restraining order for up to ten years in a domestic violence case); Pen. Code § 368(l) (a restraining order for up to ten years in an elder abuse, elder fraud, or elder false imprisonment case), or Pen. Code § 646.9(k) (a restraining order for up to 10 years in a stalking case).

 

Such a protective order remains in full force and effect until the expiration date or until it is modified or terminated by court order.

 

Note:  See also Pen. Code §§ 1203.4a and 1203.4b. (Amended; AB 1281), providing the same.

 

Pen. Code § 16520 (Amended, Effective 7/1/2022; AB 1057):  Firearms, for Purposes of a Gun Violence Restraining Order:

 

The definition of firearms for purposes of “gun violence restraining orders” (GVROs) has been expanded by providing that for the purposes Pen. Code §§ 18100–18205, “firearm” includes the frame or receiver of the weapon and includes a precursor part.

 

Per this section as amended, a “firearm precursor part” has the same meaning as in Pen. Code § 16531(a); i.e., a component of a firearm that is necessary to build or assemble a firearm and is either an unfinished receiver or an unfinished handgun frame.

 

Note:  As a result, pursuant to enforcing a GVRO, law enforcement is authorized to seize an intact firearm or parts of a firearm (which could be used to assemble a “ghost gun”).

 

Pen. Code § 18122 (New; SB 538):  Electronic Filing of Gun Violence Restraining Orders:

 

By July 1, 2023, courts are to permit the electronic filing of petitions for gun violence restraining orders, whether during and after normal business hours. The Superior Court of each county is to develop local rules and instructions for electronic filing, and to post on its Internet Web site a telephone number for the public to call to obtain information about electronic filing.  The telephone line is to be staffed during regular business hours and requires court staff to respond to all telephonic inquiries within one business day.

 

Pen. Code § 18123 (New; SB 538): Remote Hearings on Gun Violence Restraining Orders:

 

A party or witness is permitted to appear remotely at the hearing on a petition for a gun violence restraining order. The Superior Court of each county is to develop local rules and instructions for remote appearances and to post them on its Internet Web site. The Superior Court of each county is also to post on its Internet Web site a telephone number for the public to call to obtain assistance regarding remote appearances. The telephone line is to be staffed 30 minutes before the start of the court session at which the hearing will take place, and during the court session.

 

Pen. Code § 25555 (Amended; SB 320):  Transportation of a Firearm For the Purpose of Relinquishing the Firearm By a Person Subject to a Domestic Violence Protective Order:

 

An exception to the crime of carrying a concealed firearm (per Pen. Code § 25400) has been added; i.e., the transportation of a firearm in order to comply with Fam. Code § 6389 (the relinquishment of a firearm by a person subject to a domestic violence protective order).

 

Pen. Code § 26379 (Amended; SB 320):  Openly Carrying a Firearm For the Purpose of Relinquishing the Firearm By a Person Subject to a Domestic Violence Protective Order:

 

An exception to the crime of openly carrying an unloaded handgun (per Pen. Code § 26350(a)(1)) has been added; i.e., the transportation of a firearm in order to comply with Fam. Code § 6389 (the relinquishment of a firearm by a person subject to a domestic violence protective order).

 

Pen. Code § 26405 (Amended; SB 320):  Carrying an Unloaded Firearm That is Not a Handgun on One’s Person by a Person Subject to a Domestic Violence Protective Order:

 

An exception to the crime of openly carrying an unloaded firearm that is not a handgun on one’s person (per Pen. Code § 26400 has been added; i.e., the transportation of a firearm in order to comply with Fam. Code § 6389 (the relinquishment of a firearm by a person subject to a domestic violence protective order).

 

Pen. Code § 26540 (Amended; SB 320):  The Sale, Delivery, or Transfer of a Firearm to a Dealer In Order to Comply With a Domestic Violence Protective Order:

 

An exception to the crime of selling, leasing, or transferring a firearm without a license (per in Pen. Code § 26500), is, per this amendment, the sale, delivery, or transfer of a firearm to a dealer in order to comply with the firearm relinquishment provisions of Fam. Code § 6389, which requires a person who is subject to a domestic violence protective order to relinquish firearms and ammunition.

 

Elder and Dependent Adult Abuse:

 

Welf. & Insti. Code § 15657.03 (Amended; AB 1243; Effective 1/1/2023):  Elder and Dependent Adult Abuse; Isolation and Financial Abuse:

 

Two types of protective orders that may be issued on behalf of an elder or dependent adult have been added; one pertaining to isolation and the other to specific debts that were incurred as a result of financial abuse.

 

Isolation:  An order prohibiting a party from isolating an elder or dependent adult has been added to the types of protective orders that may be issued pursuant to this section. An elder or dependent adult make seek an order prohibiting isolation, or the order may be sought on behalf of the elder or dependent adult. Also, an “interested party” is permitted to seek a protective order prohibiting isolation.

 

“Interested party” is defined as a person with a personal, pre-existing relationship with the elder or dependent adult.

 

Isolation:  The court is required to find the following circumstances by a preponderance of the evidence in order to issue a protective order prohibiting isolation:

 

1. The respondent’s past act or acts of isolation repeatedly prevented contact with the interested party;

 

2. The elder or dependent adult expressly desires contact with the interested party; and

 

3. The respondent’s isolation of the elder or dependent adult from the interested party was not in response to an actual or threatened abuse of the elder or dependent adult by the interested party or the elder or dependent adult’s desire not to have contact with the interested party.

 

An order enjoining isolation may not be issued under this section if the elder or dependent adult resides in a long-term care facility, a residential facility, or a health facility. Under these circumstances, action may be taken under other appropriate state or federal laws.

 

Debts Incurred as a Result of Financial Abuse: An order finding that specific debts were incurred as a result of the financial abuse of an elder or dependent adult has been added to the types of protective orders that may be issued pursuant to this section.

 

The acts that may support this type of order, include, but are not limited to, identity theft crimes proscribed by existing Pen. Code § 530.5.

 

The Judicial Council is to revise or promulgate forms by February 1, 2023.

 

Note:  This section continues to also apply to protective orders that enjoin contact, physical abuse, harassment, threats, etc.

 

Elections:

 

Elections Code § 319.5 (Amended; SB 35):  Electioneering:

 

The crime of “electioneering” has been expanded to include all of the following:

 

1. “Electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). Prohibited electioneering information or activity includes, but is not limited to, any of the following:

 

(1) A display of a candidate’s name, likeness, or logo.

(2) A display of a ballot measure’s number, title, subject, or logo.

(3) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information.

(4) Dissemination of audible electioneering information.

(5) Obstructing access to, loitering near, or disseminating visible or audible electioneering information at vote by mail ballot drop boxes.

 

(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:

 

(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.

(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.

 

Notes: 

 

Pursuant to Elec. Code § 338.5, a “‘Polling place’ means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. A polling place can serve more than one precinct.”

 

Elec. Code § 3018 discusses “satellite locations,” including the office of elections officials.

 

Elections Code § 18370 (Amended; SB 35):  Misdemeanor Electioneering:

 

The crime of “misdemeanor electioneering” has been expanded as follows:

 

1. A person shall not, on election day, or at any time that a voter may be casting a ballot, within the 100 foot limit specified in subdivision (b), do any of the following:

 

(1) Circulate an initiative, referendum, recall, or nomination petition or any other petition.

(2) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.

(3) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.

(4) Do any electioneering as defined by Section 319.5.  (See above)

 

2. The activities described in subdivision (a) are prohibited within 100 feet of either of the following:

 

(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.

 

(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.

 

(c) A person shall not, on election day, or at any time that a voter may be casting a ballot, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:

 

(1) Solicit a vote.

(2) Speak to a voter about marking the voter’s ballot.

(3) Disseminate visible or audible electioneering information.

 

(d) Any person who violates any of the provisions of this section is guilty of a misdemeanor.

 

Notes: 

 

Pursuant to Elec. Code § 338.5, a “‘Polling place’ means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. A polling place can serve more than one precinct.”

 

Elec. Code § 3018 discusses “satellite locations,” including the office of elections officials.

 

Elec. Code § 14240 discusses who may orally challenge a person who is attempting to vote, limiting it to “a member of a precinct board or other official responsible for the conduct of the election,” and listing the grounds for such a challenge.

 

Elections Code § 18541 (Amended; SB 35):  Felony Electioneering:

 

The crime of “felony electioneering” has been expanded as follows:

 

1. A person shall not, with the intent of dissuading another person from voting, within the 100 foot limit specified in subdivision (b), do any of the following:

 

(1) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.

(2) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.

(3) Photograph, video record, or otherwise record a voter entering or exiting a polling place.

(4) Obstruct ingress, egress, or parking.

 

(b) The activities described in subd. (a) are prohibited within 100 feet of either of the following:

 

(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.

(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.

 

(c) A person shall not, with the intent of dissuading another person from voting, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:

 

(1) Solicit a vote.

(2) Speak to a voter about marking the voter’s ballot.

(3) Disseminate visible or audible electioneering information.

 

(d) A violation of this section is punishable by imprisonment in a county jail for not more than 12 months, or in state prison. Any person who conspires to violate this section is guilty of a felony.

 

Notes: 

 

Pursuant to Elec. Code § 338.5, a “‘Polling place’ means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. A polling place can serve more than one precinct.”

 

Elec. Code § 3018 discusses “satellite locations,” including the office of elections officials.

 

Elec. Code § 14240 discusses who may orally challenge a person who is attempting to vote, limiting it to “a member of a precinct board or other official responsible for the conduct of the election,” and listing the grounds for such a challenge.

 

Elections Code §18568 (Amended; SB 35):  Fake Ballot Boxes:

 

This felony section that deals with tampering with election ballots or stuffing or taking from ballot boxes has been amended to add the following two new subdivisions: 

 

(g) Displays a container for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box. Evidence of intent to deceive may include using the word “official” on the container, or otherwise fashioning the container in a way that is likely to deceive a voter into believing that the container is an official collection box that has been approved by an elections official.

 

(h) Directs or solicits a voter to place a ballot in a container prohibited by subdivision (g).

 

Punishable pursuant to Pen. Code § 1170(h) by 16 months, two years, or three years in jail and/or by a fine of up to $1,000.

 

Emotional Support Animals:

 

Health & Safety § 122317 (New; AB 468):  Required Written Notices to Buyers or Recipients of Emotional Support Dogs or Support Dog Paraphernalia:

 

Subd. (a):  A seller or provider of an emotional support dog is required to provide written notice to the buyer or recipient of all of the following:

 

1. The dog does not have the training required to qualify as a guide, signal, or service dog;

 

2. The dog is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog; and

 

3. To knowingly and fraudulently represent oneself to be the owner or trainer of a canine licensed or qualified as a guide, signal, or service dog is a misdemeanor violation of existing Pen. Code § 365.7.

 

Note:  Pen. Code § 365.7 is the misdemeanor crime of fraudulently misrepresenting oneself as the owner of (or one who is authorized by the owner to use) a guide, signal, or service dog, and is punishable by up to six months in county jail and/or $1,000 fine.

 

Subd. (b): A seller or a provider of a certificate, identification, tag, vest, leash, or harness for an emotional support animal, is required to provide written notice to the buyer or recipient that states both of the following:

 

1. The item does not entitle an emotional support animal to the rights and privileges accorded by law to a guide, signal, or service dog; and

 

2. Knowingly and fraudulently representing oneself to be the owner or trainer of a canine licensed or qualified as a guide, signal, or service dog is a misdemeanor violation of existing Pen. Code § 365.7.

 

 

 

 

 

Health & Safety § 122318 (New; AB 468): Requirements for a Health Care Practitioner In Order To Provide Emotional Support Dog Documentation:

 

A health care practitioner is prohibited from providing documentation of a person’s need for an emotional support dog unless all of the following are complied with:

 

1. The practitioner possesses a valid and active license, and specified information about the license is included in the documentation;

 

2. The practitioner is licensed to provide professional services within the scope of the license in the jurisdiction in which the documentation is provided;

 

3. The practitioner establishes a client-provider relationship with the person for at least 30 days prior to providing documentation about the person’s need for an emotional support dog;

 

4. The practitioner completes a clinical evaluation of the person regarding the need for an emotional support dog; and

 

5. The practitioner provides a verbal or written notice to the person that knowingly and fraudulently representing oneself to be the owner or trainer of a canine licensed or qualified as a guide, signal, or service dog is a misdemeanor violation of existing Pen. Code § 365.7.

 

Health & Safety § 122319 (New; AB 468):  Civil Penalties for Violations:

 

A violation of either of the following is subject to a civil penalty of $500 for a first violation, $1,000 for a second violation, and $2,500 for a third or subsequent violation:

 

1. Knowingly and fraudulently representing, selling, or offering for sale, attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a guide, signal, or service dog; or

 

2. Violating the written notice requirements specified in H&S § 122317. Authorizes a district attorney, county counsel, city attorney, or the Attorney General to being an action for civil penalties.

 

Health & Safety § 122319.5 (New; AB 468):  Definitions:

 

“Emotional support animal” and “emotional support dog” is defined as an animal that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.

 

Environmental Law:

 

Fish & Game Code § 2024 (New; AB 223):  Harvesting and Selling the Dudleya plant:

 

Crimes:   Absent a license to do so, per Subd. (c), it is a misdemeanor to:

 

Uproot, remove, harvest, or cut dudleya from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession.”  (Subd. (c))

 

Sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of subdivision (c).”  (Subd. (d))

 

Both offenses have a three year statute of limitations.  (Subd. i))

 

“Dydleya” is defined as “a succulent plant that belongs to the genus Dudleya and referred to commonly as ‘live-forevers’ or ‘dudleya’ that is native to California and grows in natural habitats.”  (Subd. (b))

 

Punishment:

 

For a first conviction, where the total value is two hundred fifty dollars ($250) or more, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Subd. (f)(1))

 

For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) and not more than five hundred thousand dollars, ($500,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.  (Subd. (f)(2))

 

The cost of replanting any dudleya forfeited pursuant to subdivision (h), may be imposed by the court.  (Subd. (g))

 

Seized dudleya are forfeited to the Department of Fish and Game.  (Subd. h))

Subd. (a) lists the Legislature’s finding and declarations:

 

1. Illegal poaching of the state’s native plants is a threat to the state’s biodiversity, can put certain species at risk for extinction, and can negatively impact entire ecosystem functions.

 

2. The illicit trade of live plants and animals is a multibillion dollar market responsible for the unwanted transmission of pests and diseases from one country to another.

 

3. Dudleya poaching, specifically, has increased dramatically because they have become popular in many Southeast Asian countries, where a single plant can be sold for up to one thousand dollars ($1,000) on the black market. As a result, some poaching operations have been found to be in possession of thousands of dudleya taken from the state’s forests, mountains, and coastal bluffs.

 

4. Some species of dudleya, which already face conservation challenges, such as habitat loss from development or altered wildfire regimes, are endemic to the state and their worldwide distribution is limited to a single county, island, or mountain range.

 

5. Protecting dudleya populations from poaching activity is necessary to prevent the loss of species and to promote the conservation of the state’s biodiversity.

 

Pub. Res. Code §§ 42270, 42271 (Amended), 42272, 42273 (New; AB 1276):  Single-Use Foodware Accessories:

 

The prohibition on single-use plastic straws is expanded to include a prohibition on single-use foodware accessories and standard condiments packaged for single use, unless a consumer requests the item.

 

These prohibitions apply to food facilities for on-premises dining and to third-party food delivery platforms. A food facility may ask a drive-through customer if the customer wants a single-use food accessory, but only if the accessory is necessary to eat the food or to prevent spills.

 

A food facility in an airport is permitted to ask a walk-through customer if the customer wants a single-use food accessory, but only if the accessory is necessary to eat the food or to prevent spills.

 

A third-party food delivery platform is permitted to provide consumers with the option of requesting single-use accessories or condiments from a food facility.

 

Unwrapped single-use accessories may be made available to consumers in refillable dispensers that dispense one item at a time.  Standard condiments may be made available in self-service dispensers. 

 

A “single-use food accessory” is defined as forks, knives, spoons, sporks; chopsticks; condiment cups and packets; straws; stirrers; splash sticks; and cocktail sticks.

 

“Standard condiment” is defined as relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salt, pepper, sugar, and sugar substitutes.

 

The punishment provisions have been moved from Pub. Res. Code § 42271 for single-use plastic straw violations to new subd. (b) of Pub. Res. Code § 42272, without change, providing that first and second violations of any of the prohibitions listed above will result in a notice of violation and that any subsequent violation is an infraction punishable by a fine of $25 for each day of violation, but not to exceed $300 annually.

 

By June 1, 2022, cities and counties are to authorize an enforcement agency to enforce these new provisions. (Pub. Res. Code § 42272(a))

 

Correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias are exempted from these provisions.

 

Definitions are all included in Pub. Res. Code § 42270, referencing Health & Safety Code §§ 113757 (“consumer”), 113789 (“food facility”), 113881 (“ready-to-eat food”), and 113930.5 (“third-party food delivery platform”), and adding the following:

 

4. “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

 

5. “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:

 

(1) Utensils, which is defined as forks, knives, spoons, and sporks.

(2) Chopsticks.

(3) Condiment cups and packets.

(4) Straws.

(5) Stirrers.

(6) Splash sticks.

(7) Cocktail sticks.

 

(f) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

 

False Police Reports:

 

            Pen. Code § 118.1 (Repealed & Added; AB 750): False Statements in Police Reports:

 

This section has been rewritten, expanding it to include material false statements made to a reporting officer that are then included in a police report, now reading as follows: 

 

(a) Every peace officer who, in their capacity as a peace officer, knowingly and intentionally makes, or causes to be made, any material statement in a peace officer report, or to another peace officer and the statement is included in a peace officer report, regarding the commission or investigation of any crime, knowing the statement to be false, is guilty of filing a false report, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.

 

(b) This section does not apply to a peace officer writing or making a peace officer report, with regard to a false statement that the peace officer included in the report that is attributed to any other person, unless the peace officer writing or making the report knows the statement to be false and is including the statement to present the statement as being true.

 

Firearms:

 

Family Code § 6216 (New; AB 1057; Effective 7/1/22):  Definition of “Firearm” for purposes of a “Domestic Violence Restraining Order.”

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Family Code § 6304 (Amended; SB 320):  Information re: Firearms and Ammunition Provided to Parties to a Domestic Violence Restraining Order.

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Family Code § 6322.5 (New; SB 320):  Procedures for When a Restrained Person is Alleged to Have a Firearm or Ammunition.

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

 

 

 

Family Code § 6389 (Amended; SB 320):  Relinquishment of Firearms and Ammunition by a Restrained Person.

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 11106 (Amended; AB 173; Effective 9/23/2021; and SB 715):  Firearms Transactions Information:

 

AB 173: The Department of Justice (DOJ) is required by this bill to maintain all of the information it collects about firearms and firearm transactions, and make it available to researchers with the California Firearm Violence Research Center at the University of California at Davis, for academic and policy research purposes.

 

The DOJ is further permitted to provide this information to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation, for the study of the prevention of violence.

 

SB 715:  Information reported to the Department of Justice pursuant to Pen. Code § 28050 (private party firearms transactions through a firearms dealer) is added to the list of information the Attorney General is required to “keep and properly file.”

 

Pen. Code § 11108.2 (Amended; SB 715 and SB 320): Information Entered into the Department of Justice Automated Firearms System:

 

Firearms surrendered pursuant to Pen. Code § 28050 (private party firearms transaction through a firearms dealer) and firearms relinquished pursuant to Family Code § 6389 (because the person is subject to a domestic violence protective order) to the categories of firearms (e.g., firearms that are reported stolen, lost, found, recovered, held for safekeeping) are added to those that a law enforcement agency is required to enter into the “Department of Justice Automated Firearms System.”

 

Pen. Code § 11108.3 (Amended; AB 1191): Firearms Information Analysis: 

 

The Department of Justice (DOJ), on an ongoing basis, is required to analyze firearm information collected pursuant to this section for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of the firearms.

 

DOJ is further required, by July 1, 2023 and every year thereafter, to prepare and submit a report to the Legislature summarizing the above analysis. This report is to include the total number of firearms recovered in the state; the number of firearms recovered, broken down by county and by city; the number of firearms recovered broken down by the firearms dealer where the most recent sale or transfer of the firearm occurred; the number of firearms broken down by manufacturer; the total number of unserialized firearms recovered; and the number of unserialized firearms recovered broken down by county and by city.

 

The above report is to be made available to the public.

 

Note:  This section continues to provide that a law enforcement agency may report to DOJ all available information necessary to identify and trace the history of recovered firearms that were illegally possessed, used in a crime, or suspected to have been used in a crime.

 

Pen. Code § 13202 (Amended; AB 173):  Firearm Violence Research:

 

The California Firearm Violence Research Center at the University of California at Davis is added to the entities that are authorized to receive criminal offender record information for its research.

 

Pen. Code § 16520 (Amended, Effective 7/1/2022; AB 1057):  Firearms, for Purposes of a Gun Violence Restraining Order:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 16685 (New; SB 715):  Hunting Licenses:

 

For purposes of Part 6 of the Penal Code (Pen. Code §§16000– 34370), a valid and unexpired hunting license is defined as a hunting license issued by the Department of Fish and Wildlife pursuant to Fish & Game Code §§ 3031–3040, for which the time period authorized for the taking of birds or mammals has commenced but has not expired.

 

Pen. Code § 18122 (New; SB 538): Electronic Filing of Gun Violence Restraining Orders:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 18123 (New; SB 538):  Remote Hearings on Gun Violence Restraining Orders:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 25555 (Amended; SB 320): Transportation of a Firearm For the Purpose of Relinquishing the Firearm By a Person Subject to a Domestic Violence Restraining Order:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 26379 (Amended; SB 320):  Openly Carrying a Firearm For the Purpose of Relinquishing the Firearm By a Person Subject to a Domestic Violence Protective Order:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 26405 (Amended; SB 320):  Carrying An Unloaded Firearm That Is Not a Handgun On One’s Person By a Person Subject to a Domestic Violence Protective Order:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 26537 (New; SB 715):  The Lawful Sale, Delivery, or Transfer of a Firearm:

 

Pen. Code § 26500 (the misdemeanor crime of selling, leasing, or transferring a firearm without a license) does not apply to the sale, delivery, or transfer of a firearm under either of these circumstances:

 

1. The transaction is made by a licensed ammunition manufacturer to a dealer or wholesaler; or

 

2. The transaction is done between or to a licensed ammunition manufacturer, where the firearm is to be used in the course and scope of the licensed activities.

 

Pen. Code § 26540 (Amended; SB 320):  The Sale, Delivery, or Transfer of a Firearm to a Dealer In Order to Comply With a Domestic Violence Protective Order:

 

See “Domestic Violence and Gun Violence Restraining and Protective Orders,” above.

 

Pen. Code § 27505 (Amended; SB 715): Loaning or Transferring a Firearm to a Minor:

 

The amendment eliminates, expands, and adds exceptions to the crime of loaning or transferring a firearm to a minor. Two exceptions are eliminated:

 

1. The transfer or loan of a firearm other than a handgun by a grandparent with the permission of the minor’s parent or guardian; and

 

2. The loan of a firearm other than a handgun to a minor with the express permission of the parent or guardian, for no more than 30 days, and if the loan is for a lawful purpose.

 

The loan of a firearm by a parent or legal guardian to a minor for the purpose of engaging in a recreational sport (e.g., competitive shooting, hunting) or hunting education, where the duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the sport, is retained and expanded to all firearms (i.e., rifles and handguns) and to cover “hunting education”  

 

The exception for the loan of a firearm to a minor by a person who is not the minor’s parent or guardian is expanded from handguns only to also include semiautomatic center fire rifles.

 

Two new exceptions are added:

 

1. The loan of a firearm other than a semiautomatic center fire rifle or a handgun to a minor who is 16 years of age or older, by a person who is not the minor’s parent or legal guardian, if all of the following apply:

 

a. The loan is with the express permission of the parent or guardian;

b. The loan is for the purpose of engaging in a recreational sport or hunting education;

c. The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the sport or education; and

d. The maximum duration of the loan is 5 days, unless the parent or guardian accompanies the minor or provides written consent, in which case the maximum duration is 10 days.

 

2. The loan of a firearm other than a semiautomatic center fire rifle or a handgun to a minor under 16 years of age by a person who is not the minor’s parent or guardian if all of the following apply:

 

a. The loan is with the express permission of the parent or guardian;

b. The loan is for the purpose of engaging in a recreational sport or hunting education;

c. The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the sport or education;

d. The minor is accompanied at all times by a responsible adult; and

e. The maximum duration of the loan is 5 days, unless the parent or guardian accompanies the minor or provides written consent, in which case the maximum duration is 10 days.

 

Pen. Code § 27575 (New; SB 264):  The Sale of Firearms, Firearm Precursor Part, or Ammunition, at the Orange County Fair or the City of Costa Mesa:

 

The sale of a firearm, firearm precursor part, or ammunition on the property of, or in buildings on, the Orange County Fair and Event Center, or in the County of Orange, or in the City of Costa Mesa, is prohibited.

 

This prohibition does not apply to a gun buyback event held by a law enforcement agency; the sale of a firearm by a public administrator, public conservator, or public guardian within the course of their duties; the sale of a firearm, precursor part, or ammunition that occurs pursuant to a contract entered into before January 1, 2022; or to the purchase of ammunition by a law enforcement agency.

 

Pen. Code § 27945 (Repealed & Added; SB 715):  Exceptions to the Transfer of Firearms Through a Licensed Firearms Dealer:

 

The list of exceptions that applied to Pen. Code § 27545 (which requires that the sale, loan, or transfer of a firearm be through a licensed firearms dealer when neither party holds a dealer’s license) is repealed and reenacted to provide that Pen. Code § 27545 does not apply to the loan of a firearm to a minor if it is done in compliance with the exemptions set forth in Pen. Code § 27505 (e.g., firearm transfers from a parent to a minor, or from a non-parent to a minor, where certain conditions are met; see above.)

 

Pen. Code § 27963 (New; SB 715) Exception to the Transfer of Firearms Through a Licensed Firearms Dealer; i.e., When To Be Used In the Course and Scope of Licensed Activities:

 

Provides that Penal Code § 27545 (which requires that the sale, loan, or transfer of a firearm be through a licensed firearms dealer when neither party holds a dealer’s license) does not apply to the sale, loan, or transfer of a firearm between or to licensed ammunition manufacturers where the firearm is to be used in the course and scope of licensed activities.

 

Pen. Code § 28050 (Amended; SB 715):  Procedures For Transferring Firearms Through a Licensed Firearms Dealer:

 

The procedures are changed for situations where a firearms dealer is helping with the sale, loan, or transfer of a firearm between parties who are not licensed firearms dealers, and after the seller or transferor delivers the firearm to the dealer, it is discovered that the dealer cannot legally deliver the firearm to the purchaser/transferee and cannot legally return it to the seller/transferor.

 

Until July 1, 2024, it is required that the dealer deliver the firearm to the sheriff of the county or the chief of police, who shall then dispose of the firearm.

 

Beginning July 1, 2024, the dealer must retain possession of the firearm for up to 45 days if the seller so requests, so that arrangements can be made by the seller to designate a person to take possession of the firearm. If the designated person completes an application to purchase, the dealer can then process the transaction. However, if no person is designated or if the firearm cannot be delivered to the designated person, the dealer must deliver the firearm to the sheriff of the county or the chief of police, who shall then dispose of the firearm.

 

A dealer who retains possession of a firearm at the request of a seller/transferor who is arranging for a designated person is required to notify the Department of Justice (DOJ) within 72 hours. The dealer is also required to notify DOJ when a firearm is delivered to a law enforcement agency.

 

Pen. Code § 28055 (Amended; SB 715):  Fees for Storage of a Firearm:

 

A dealer is authorized to charge the seller/transferor a fee of up to $10 per firearm for the temporary storage while arrangements are being made for a designated person to take possession of the firearm.

 

Pen. Code § 28100 (Amended; SB 715):  Delivery of a Firearm to Law Enforcement:

 

The delivery of a firearm by a dealer to a law enforcement agency as described in the various sections above is added to the list of transactions for which a dealer is not required to keep a register or record of electronic or telephonic transfer.

 

Pen. Code §§ 28210 & 28215 (Amended; SB 715):  Inspection of Hunting Licenses:

 

It is required that a salesperson, when selling or transferring a firearm to person under age 21 pursuant to subd. (b) of Pen. Code § 27510, to visually inspect the hunting license to confirm it is valid and not expired, and to record the document number, GO ID, and valid dates.

 

Note:  Pen. Code § 27510(b) permits a person under age 21 but at least 18 years of age to purchase, receive, or possess a firearm that is not a handgun or semiautomatic centerfire rifle, if he or she has a valid and unexpired hunting license issued by the Department of Fish & Wildlife.

 

If the dealer or salesperson, upon a visual inspection, cannot verify that a hunting license is valid and not expired, the firearm cannot be delivered

 

 

Pen. Code § 28220 (Amended; SB 715):  Denial of a Purchase of a Firearm to a Person Under 21 Without a Valid Hunting Licenses:

 

Beginning July 1, 2025, for the sale or transfer of a firearm to a person under age 21 pursuant to Pen. Code § 27510(b), requires the Department of Justice (DOJ) to verify the validity of the purchaser’s hunting license with the Department of Fish & Wildlife. If DOJ cannot ascertain the validity of a hunting license, DOJ must immediately notify the firearms dealer to cancel the firearms sale, and notify the purchaser by mail.

 

Note:  New Pen. Code § 16685 defines a “valid and unexpired hunting license.” See above.

 

Pen. Code § 29610 (Amended; SB 715): Prohibition For Minors Possessing Handguns:

 

The current prohibition on a minor possessing a handgun is expanded to also prohibit possession of a semiautomatic centerfire rifle. Per subd. (c), beginning July 1, 2023, “a minor will be prohibited from possessing any firearm.”

 

New subd. (d) provides as follows: “The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision.”

 

Pen. Code § 29615 (Amended; SB 715): Exceptions to Pen. Code § 29610: 

 

In listing the exceptions to the section 29610 prohibition for minors to possess handguns, the following added exception is listed new subd. (e), providing:

 

The minor possesses, with the express permission of their parent or legal guardian, a firearm, other than a handgun or semiautomatic centerfire rifle, and both of the following are true:

 

(1) The minor is actively engaged in, or in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or an agricultural, ranching, or hunting activity or hunting education, the nature of which involves the use of a firearm; and

 

(2) The minor is 16 years of age or older or is accompanied by a responsible adult at all times while the minor is possessing the firearm.

 

 

 

 

Pen. Code § 29700 (Amended; SB 715):  Punishments for Violations of the Above:

 

Subd. (a)(3) is amended to provide that a minor in violation of the above is to be punished “(b)y imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail if one of the following applies:

 

(1) The minor has been found guilty previously of violating this chapter.

 

(2) The minor has been found guilty previously of an offense specified in © 2026 Legal Updates, LLC.
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