June 14, 2018

CAIR California is supporting 11 bills moving through the state Legislature. Here’s how the legislation is faring:

MDAC bills

1) Education: AB 2291 – School safety, bullying. CAIR-CA is co-sponsoring.

Status: Passed Assembly, Senate Education Committee

This bill, introduced by Assemblyman David Chiu, would require the California Department of Education to post the online training module, along with other available online training, to its website. It would require public schools to annually provide the online training module to certificated school employees and all employees who frequently interact with students. It would also require local educational agencies to adopt procedures for preventing acts of bullying.

2) Immigration: AB 2184 – Business licenses

Status: Passed Assembly

This bill, introduced by Assemblyman Chiu, would require cities and counties that license businesses carried on within their respective jurisdictions to accept a California driver’s license or identification number, individual taxpayer identification number, or municipal identification number.

3) Criminal Justice: AB 931 – Police Accountability & Community Protection Act

Status: In Senate; re-referred to the committee on public safety & appropriations

This bill, introduced by Assembly members Shirley Weber and Kevin McCarty, would authorize police officers to use deadly force only when necessary to prevent imminent and serious bodily injury or death if, under the totality of the circumstances, there was no reasonable alternative to using deadly force. Examples: warnings, verbal persuasion, or other nonlethal methods of resolution or de-escalation. It would establish that a homicide by a police officer is not justified if the officer’s gross negligence contributed to making the force “necessary.” Police departments will be able to discipline or fire officers who use unnecessary deadly force.

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Legislative Priority Bills

4) Criminal Justice: AB 1584 – Criminal law – DNA collections, minors.

Status: In Senate; re-referred to the committee on public safety

Unless required under the DNA Act or pursuant to a court order or search warrant, this bill would prohibit a law enforcement entity from collecting any biological sample from a minor without first obtaining the written consent of the minor and the minor’s parent or legal guardian. It was introduced by Assemblywoman Lorena Gonzalez Fletcher.

5) Employment: AB 1870 – Employment discrimination – unlawful employment practices

Status: Passed Assembly

This bill, introduced by Assemblywoman Eloise Reyes, would extend the time for filing harassment and discrimination claims under California’s Fair Employment and Housing Act (FEHA). Currently, a harassment victim must file a pre-litigation claim with the Department of Fair Employment and Housing (DFEH) within one year of the unlawful act, or she will face an absolute time bar and will be unable to seek administrative or civil redress in court. This bill would extend the pre-filing requirement from one year to three years.

A similar bill, AB 2946 employment discrimination introduced by Assemblyman Ash Kalra, died on the Assembly floor. The bills were combined due to similarity.

6) Healthcare: SB 974 – Medi-Cal – immigration status, adults

Status: In Assembly, passed Senate

This bill, introduced by Sen. Ricardo Lara, would extend eligibility for full-scope Medi-Cal benefits to individuals of all ages who are otherwise eligible for those benefits but for their immigration status.

7) Criminal Justice: SB 10 – Bail Reform

Status: Still active, in Assembly

This bill, introduced by Sen. Bob Hertzberg, would reform the money bail system in California, dramatically reducing the reliance on money and for-profit commercial bail.

8) Immigration: SB 183 – State Buildings: Federal Immigration Agents

Status: Passed Senate, in Assembly

This bill, introduced by Sen. Lara, would prohibit federal immigration enforcement agents, officers, or personnel from entering a building owned/occupied/leased by the state, a public school, or a campus of the California Community Colleges, to perform surveillance, effectuate an arrest, or question an individual therein, without a valid federal warrant. It would limit the activities therein of federal immigration enforcement agents, officers, or personnel with a warrant to the individual who is the subject of the warrant.

9) Immigration/Criminal Justice: AB 2845 – Criminal procedure, pardons

Status: Passed Assembly, in Senate

This bill, introduced by Assemblyman Rob Bonta, would create the Pardon and Commutation Panel. This bill would authorize the Governor to appoint members to the panel. The bill would reassign all powers and duties of the Board of Parole Hearings that are related to pardons and commutations to the panel, except for the ability of the Board of Parole Hearings to recommend candidates for pardon or commutation to the governor.

This bill would require the panel to meet monthly to review applications and make recommendations. The bill would require the panel to provide an expedited review and application process for an individual with a pending deportation hearing or deportation order.

The bill would make a certificate of rehabilitation available to a person who has had a conviction dismissed pursuant to the withdrawal of the plea, as specified. This bill would also require the governor to make the application for pardon available on the governor’s website and would require the courts of each county to make the application for a certificate of rehabilitation available on the court’s website and at each courthouse.

10) Privacy/Surveillance: SB 1186 – Law enforcement agencies – surveillance, policies

Status: Passed Senate, in Assembly

The bill, introduced by Sen. Jerry Hill, would establish separate procedures for Surveillance Use Policies. The procedures would include
holding a noticed public hearing on the proposed policy, posting the policy on the department’s website, amending the policy to include new types of surveillance technology, and publishing a biennial report regarding the department’s use. The policy would be publicly available online. If these agencies intend to acquire surveillance technology, they provide 90 days’ notice online. Also, it would provide a private right of action.

11) Criminal Justice: SB 1421 – Right to know about serious uses of force and proven police misconduct

Status: Passed Senate, in Assembly

This bill, introduced by Sen. Nancy Skinner, would allow public access to the police investigation, findings, and discipline relating to deadly and serious uses of force. It would allow public access to police investigations, finding, and discipline relating to proven sexual assault against a civilian, and proven dishonesty in the investigation, reporting, and prosecution of crimes, such as perjury and planting and destroying evidence.

And a bonus: The Ramadan Resolution is with the Senate Rules Committee.

WATCH: Assemblyman Arambula Introduces the Resolution at Capitol Iftar