HomeMy Public PortalAbout05) 7B Legislative UpdateAGENDA
ITEM 7.8.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE : June 19,2018
TO: The Honorable City Counci l
FROM: Bryan Cook , City Manager
By : Brian Haworth , Assistant to the City Manager
SUBJECT: LEGISLATIVE UPDATE
RECOMMENDATION:
Council is requested to receive and file this report .
BACKGROUND:
In an effort to keep Council apprised of state leg islat ion and initiatives that may impact City
operations , staff re gu larly mon itors and reviews legislat ive advocacy efforts. Part icular
attention is paid to those measures being reviewed by both local government and
professional organizations-e.g . the League of Califo rnia Cities , San Gabriel Valley
Council of Gove rnments and California Society of Municipal Finance Officers .
ANALYSIS:
The fo ll ow ing provi des information on pertinent and recently approved ba ll ot measu res
from the June primary election , as well as i nitiat ives slated fo r the upcoming November
general electio n.
Should Counci l wish to formally oppose or support a n up coming November ba ll ot
measure , they can do so by requesting the item for full cons ideration at a subseq uent
meeting .
RECENTLY APPROVED BALLOT MEASURES
Pro osition 68
It's been more th an a decade since Cal ifornia voters were last asked to approve a
statewide bond to upgrade parks and ensure that the state 's wate r supp ly rema ins c lean
and protected .
City Council
June 19, 2018
Page 2 of 5
T he passage of Proposition 68 (by 56 percent of voters) now does that through a $4 .1
billion bond measure that sets aside roughly one-third of proceeds for the building and
maintenance of parks; and the res t fo r a number of water-related and flood protection
projects that enhance the state 's climate resilience .
In the City's case , the measure will greatly benefit our parks by providing per-capita
funding of at least $200 ,000 annually (over 30 years) for improvements , in add ition to
providing eligibility for millions in competitive grant funding (as Temple City is considered a
park-poor and urbanized area). Furthermore , these new monies can act as a match
source for Measure A funds , a $94 m ill ion tax measure that was passed by Los Angeles
Cou nty voters in 20 16 . That funding provides the City $200 ,000 annually (with no end
date) for the mainte nan ce and construct ion of playgrounds , parks and trails.
Pro osition 69
Last year, state legislators passed the Road Repair and Accountab i lity Act of 2017 , which
raised gas taxes and added driver fees based on vehicle values . The new revenues
brought on by the legislation-commonly known as SB 1-are estimated to generate $53
million over the next decade for statewid e road repairs and revamped public transportat ion
systems .
Passed with over 80 percent of the vote , Proposition 69 now safeguards those revenues to
ensure that they cannot be borrowed or diverted by the legislature , and can only be used
for its intended transportation purposes . According to the Sacramento Bee , "wh i le most
transportation revenue is already constitutionally earmarked , some [SB 1 provisions] fall
outside those protections , so this [meas ure] is just common-sense cleanup ."
As it pertains to the City , the legislation-for now-assures an annual $600 ,000
appropriation in SB 1 funds (until 2056). A ballot measure is underway for the November
election that could re peal SB 1 in its enti rety . (Refer to the follow i ng section .)
Measure VP
A local ballot meas ure that switches t he City's March elections to even years , Measure VP
received approval from 75 percent of Temple City voters .
The measure allows the City to comply with state law-specifically, SB 415-that requires
cities, school boards and special districts that experience low voter turnout in loca l
elections to move their elections to March or November of even-numbered years , when
statewide elections attract more voters to the polls .
The charter amendment is expected to save the City $227 ,000 by moving its mun icipal
election to coincide with statewide elections . Furthermore, it el iminates the poss ibil ity of
(the City ) being sued for non-compliance with SB 415 .
City Council
June 19, 2018
Page 3 of 5
The City's next municipal election is scheduled for March 2020 .
UPCOMING BALLOT MEASURES
Gas Tax Repeal Initiative
This past April , a gas ta x repeal initiative qualified for the November ballot.
Led by Reform California , the ini t iative does away with SB 1, wh ich recently increased
gas taxes and driver fees to fund ro ad improvements statew ide .
Supporters of the repeal claim overspending in Sacramento and mistrust of what has
been done with previous gas tax hikes . Furthermore , the group wants to use gas taxes
already in place, which are said to have been diverted into other areas .
Meanwhile, opponents of the repeal say the loss of SB 1 funding would :
• Jeopardize public safety through cracked , potholed roads as nearly 90 percent of
counties statewide have roads that are in poor or at-risk condition.
• Stop over 4 ,000 transportation projects underway that fixes potholes , makes safety
improvements , eases congestion , upgrades bridges and improves publ ic
transportation .
• Make traffic congestion worse by stopping projects that reduce congestion on
freeways and major thoroughfa res .
• Cost drivers and taxpayers more in the long run on car repairs due to bad roads ,
and eight times more in costs to fi x a road than to maintain it.
• Hurt job creation and the economy by eliminating more than 680 ,000 good-pay ing
jobs and nearly $183 million in economic growth caused by SB 1 projects over the
next decade .
Should the repeal pass , the C ity would lose approximately $600 ,000 a year in SB 1
monies . This represents approximately 30 percent of the annua l CIP street maintenance
budget , which will significantly impact our ability to repave and rehabilitate city streets .
Reducin Crime and Kee in California Safe Act
Another initiative on the November ballot: the Reducing Crime and Keeping California
Safe Act of 2018.
A project of the Californ ia Public Safety Partnership Issues Comm ittee , the Act
proposes the followi ng for key changes to California 's publ ic safety reform laws (i.e .
City Council
June 19, 2018
Page 4 of 5
Proposition 47 , Proposition 57 and AB 109):
•
•
•
•
Increases penalties for organized theft rings and for those who have repeated
convict ions for larceny .
Restores the collection of DNA to solve violent crimes and to exonerate the
wrongly accused.
Reclassifies certain cr imes-e.g . rape of an unconscious person , ch il d sex
trafficking , and assault of a police officer-as violent offenses so that perpetrators
are not eligible for early release .
Strengthens oversight of parolee post-release community supervision , and t ightens
penalties for a parolee 's violation of such supervision .
Attachment A provides more information .
Proponents of the initiative see the proposal as common-sense fixes designed to
reduce crime and co rre ct errors in recent legislation . Opponents , however, find it as a
means for increased taxpayer spend ing , i.e . more prisons and costs associated with
incarcerations .
If enacted , the City would see an increase i n local law enforcement costs from
additional court proceedings-e.g . the processing of probation revocat ions and
additional felony filings-and the collection and processing of DNA samp les from
additional offende rs . The actual financial impact to the City is unknown at th is t ime .
Tax Fairness . Transparency and Accountability Act
The California Business Roundtable is gathering signatures for the Tax Fa i rness ,
Transparency and Accountabil ity Act that requ ires cities to obta in approval by a two-
thirds majority of voters to pass any tax increase , and two-thirds support of elected
officials to raise municipal fees .
Cities can currently pass general taxes with a simple ma j ority vote and specia l taxes
with a two-thirds vote .
The Act also subjects new fees to a referendum if a petition is signed by five percent of
voters .
A number of prominent organizations including labor union groups and local
government organizations oppose the legislation , as it would drastically l imit local
revenue authority . In the case for the City , the Act could strain the General Fund by
restricting the ability to successfully approve local revenue measures (other than those
subject to Prop . 218).
City Council
June 19, 2018
Page 5 of 5
Attachment B provides more information . Proponents have until June 28 to qual ify their
initiative for the November ballot.
CITY STRATEGIC GOAL:
Actions contained in this report primarily align with the City 's strategic goals of public
health and safety , sustainable infrastructure , quality of life and good governance .
FISCAL IMPACT:
None are associated with this report ; however, passage of the referenced November
ballot measures will present significant financial impacts .
ATTACHMENTS :
A. Text and Info .: Reducing Crime and Keeping California Safe Act of 2018
B. Text and Info.: Tax Fairness , Transparency and Accountability Act of 2018
ATTACJ:IMENT A
lni iat· or P
VIOLENT CRIME
What Is a 'violent crime '? For California's new parole l~w,
the definition is murky -and it matters (Los Angeles Times)
Expands the list of violent c rimes f or which early release is not an option
Un der c urr ent law, rape of an un co ns cious person, traffick ing a chil d f or sex,
assault of a p eace officer, felony dome st ic vio len ce and other similar crimes are not
cla ssi f ied as "vio l ent fe lonies" - maki ng crimi nals co nvicted of these crimes eligib le
for ear ly release
DNA COLLECTION
California's DNA database gets fewer
hits due to Prop. 47 (KCRA)
Reinstates DN A collection for cert ain c r imes th at were redu ce d to m isdemeanors as
part of Propo si tion 47
Multiple stud ies h ave shown that DNA collected from th ef t and drug c rimes has
help ed solve oth er violent crimes, incl udin g robbery, rape and murder. Since passage
of Prop. 47, co ld case hits have d ro pp ed ove r 2,000, with more than 450 of those hits
connected to vio lent c rimes
SERIAL THEFT
An explosion of California prop~rty crimes
-due to Prop. 47 (San Francisco Chrontcle)
Revises t he theft threshold by adding a felony for serial theft -when a person is
caught for the 3rd time stealing with a value of $250
Prop. 47 changed the dollar threshold for theft to be considered a felony -from
$450 to $950. As a resu lt, t here has been an explosion of seria l theft and an inability
of law enforcement to prosecute these crimes effectively. T heft has increased b y
12 % to 25 %, with losses of a billion dollars since the law was passed .
PAROLE VIOLATIO NS
Suspect in Whittier police officer shooting death
arrested 5 times in last 7 months (Whittier Daily News)
• Requ ires the Board of Parole Hearings to consider an inmate's entire crim inal history
when deci d ing parole , not just his most recent commitment offense; and requires a
mandatory hearing to determine whether paro le should be revoked for any parolee
who v iolates the terms of his parole for t he th ird t ime
AB 109 bases parole so le ly on an offender's commitment offense, resulting in the
releas e of inmates w ith serious and violent crim inal h istories. Moreover, parolees who
repeated ly violate the terms of their parole currently face few consequences, allowing
them to remain on the street
e Iii • n1a
For more info rmat io n, p lea se visi t www.keepcalsafe.org.
Paid for by Keep California Safe. a Project of the Cal iforma Pub lic Safety Partnership Issues Committee
Comm ittee major funding from
L Associat ion for Los Ange les Deputy ShNiffs
Los Ange les Po lice Protec tive League
Al bert so ns/Safeway
Funding detai ls at www.fppc.ca .gov
I N ITIATIV E MEASURE TO B E SU BMITIED DIRECTLY TO THE VOTERS
T he Attorney Gener a l of California has prepared th e fo ll owing circulating title a nd s umm ary of the c hi ef purpose a nd points
of th e proposed m eas ure:
( 17-0044.) RES TRI C TS PAROLE FOR NON-VIOLENT OFFEN DERS. AUTH OR I ZES FE LONY SENTENCES
FOR CE RTAI OFFENSES C RR E TLYTREATED ONLY AS MISDEMEA ORS. IN ITI AT IVE STATUTE.
Im pos es restriction s o n paro le program for non-vio le nt offenders who h ave comp le ted the full term for the ir
primary offense. Ex pand s li st of o ffe n ses that di squalify a n inm a t e fro m this parole program. C ha n ges standards
and r equire m e nts governing p a r o le decisio n s und e r this prog r a m . A uth orizes fel o ny c h a r ges fo r s pecified th eft
c rimes c urre ntly c ha rgeab le o nly a s misdemeanors, includin g o m e theft c rim es wh e r e t h e va lu e is between S250
and $950. R eq uires p erson s co nvict ed o f s pecified mis demea n o r s to s ubmit to co ll ection of DNA s a mples for s tate
database. Summ a r y o f estimate b y Legisla tiv e A n a lys t a nd Directo r of Finance o f fi s ca l impa ct o n s t ate a nd local
government : In c r eased state a nd loca l co rrection ;l l costs like ly in the tens o f milli o n s o f d o ll a r s a nnua ll y, prim a ril y
related to in c reases in penal tie s for ce rta in the ft -r e lat ed crim es a nd th e c ha n ges to the n onvio len t offender rel ease
co n s id e r atio n process. In c r eased state a nd loca l co urt-related cost s o f aro und a few million d o ll a r s a nnua ll y r ela t ed
to process in g pro b a tio n r evocatio n s a nd ad ditio na l felo n y theft fil in gs . In creased s t ate a nd loca l law enfor ceme nt
co sts not like ly to exceed a co uple million dollars a nnually r e la t ed t o co ll ectin g a nd processin g D A sa mples from
addition a l offenders.
To t he Ho norable ecretary o f State of California:
We. t he undersigned. registe red . quali fied \Oters of Cali fo rni a . res1dents of the County (or City and Count}) referenced on the s1gnature page
o f th1s pet1t1on. hercb) propose amendments to the Cahform a Penal Code relaung to parole. scnal theft . and DNA coll ccuon from con' 1cted
crimm als. and peuuon the Secre tar} of tate to submit the same to the ,·oters o f Cahfon11a for the1 r adopt1on or reJeCti o n at the next succeeding
general election or at any special statewide election held prior to that general elecuon or as otherw1se pro' 1ded b) law. The proposed statutor}
amendments (fullutle and tex t o f the measure) read as follows:
S EC. I. TITLE
rh1 S act shall be kn0'-'11 and may be Ci ted as the
Reducm~ Cnmc and Keep1ng Cal1forma Safe Act of
20t8
SEC. 2. P RPOSE S
Th•s meas ure Wlll fix three related pro bl ems created
by recem laws that have threluened the public safety of
C'ahfonuans and the1r children from v1olen1 crumnals
fh1s measure v.,ll
A Reform the paroleS\ stem so \<IOiem felons are not
released earl) from pnson. streng.lhen overs1ght of pos1
release commumty SuJ)C'r' 1S1on and ughten pc:nalues
for v1ola t10ns of terms of post release commumty
s uperviSion ,
B Reform 1heft laws to restore accounta bdu y for senal
t h1eve s and organ1zed thet\ rmgs, and
C Expand DNA colla::uon from persons conv1tled of
drug, theft and domesuc v1olcnce re la1ed cnmes to help
solve veolent cnmes and e'\O~rate 1he mnocen1
SI:C". J. FIND t :"'GS A '10 DEC LA RATIONS
A Jlrc ve nt Early Release ofV1olent Felons
I Protecung every person 111 our s tate. ulcludulg our
most vulnerable ch1ldren, from v1olent c re me IS of the
uunostunponance Murderers, rap1sts, ch1ld molesters
and o1her v1ofent cnm1nals should not be released early
from pnson
2 Smce 2014. Cahforma has had a larger 1ncrease
111 Y1olen1 cnme than the-rest of 1he Unt ted Slates Smce
2013, VIOlent cnmc In Los Angeles has tn creased 69 s•·,
Vtolelll cn me '"Sacramento rose faster dunng 1he first
"" mon1hs of 20t5 1han on any of 1he 25 targeSI U S
eoues 1rackcd by the FOt
3 Recent changes to parole laws allowed the earl)
release of dangerous cnmmals by the: law's fa•lure to
define cenam cnmes as"\ 10len1 ··These changes allooed
Jnd1v1duals con"'tcted of se' traffick•ng of ch•ldrcn. rape
of an unconsctous person. felony assault wllh a dead!)
wcu J>on, batte ry on a pollee officer or fi refightt:r. and
fe lony domes11C >viOlence 10 be cons1dcred "non·v•olcnt
offende rs··
4 As a resuiL theR so~alled "non-\110i ent" otTende:rs
are eltg•blc for earl) rei east from pnson aflcr scl"\<mt;
on ly a fracuon of the sentence ordered by a JUdge
S V1olent offenders are also bemg allowed to
rema111 free m our commumurs e\ en when t hey commn
new cnmes and v1olate the terms ofthe1r post release
comtnunlty suptf'ISIOn,l•ke the gang member c harged
w11h the murder of\\'h1111er Police Officer, Ke11h Bo\er
6 Cahfom•ans llC'Cd better proh:ctlon from such
v1olent cnm.nals
7 Caltfom•ans n«d bcner proteCt iOn from lelons
"'ho repeatedly \IOiate the temlS ofthclf post release
comrnumty supervtston
8 Thts measure reforms the Jaw so felo ns who v1olate
the terms of the•r rel ease can be brought back to coun
and held accountable for such v1olattons
9 Califom•ans n«d bcner protect•on from such
v10lem crunmnls Th1 s measure reforms the law 10 defi ne
such cnmcs as "vtolem felon1es" for purposes of early
release
10 Nothtng 111 thts act IS mtenckd to create add111onal
-stnke" offenses wtuch "'ould mcrease the state pr•son
popula11on
II Nothtng tn ttus act1s 1n1 en ded to afTrc11he
ab1ht\ of the Cat. forma Depanment ofCorrecuons and
Rehab•l•tauon to award ed ucauonal and ment credns
B Restore Accountnb•l•ty for Ser1al Theft and Organ1zed
Th<fi Rongs
I Recent changes to Caltfomea lav. allov.. •nd•\ 1duals
v.ho steal re~atedly to face fe"' consequences, regardless
of thetr cnmmal recCM"d or hov. man\ urn~ they steal
As a result. hel\\een 201-J and :!010. Cahforma had
1he :!--h1ghcst •ncreasc m theft and propen\ cnmes 111
1he L'm ted Stal es, while most stat es ha\ e sten B s tea dy
decline Accordmg to th e Cahforma Depanrnent of
Just•ce. the va lue o f propeny stolen 111 201 S v.as $2 S
btlhon wnh an mcrease of 13 pe:rccnl SIOCC' ~014.the
largest smgle-year ulCrease mat least ten ) ears
J Jnd1\1duals who repeated!"' steal often do so 10
suppon the1 r drug habit Recent changes to Caltforn1a Ia"'"
have reduced judges' ab1l1ry to order llldtv•duals conv1c ted
of repealed theft CllnlCS mto effecliH drug. treatment
programs
4 Callfonu.1nceds stronger laws for those who are
repeatedly conv•cled of t heA related cnmes. "'h1ch \'IIl ii
encourage those who repeatedh steal1o suppon the If drug
problem to enter 1111 0 ~x1stmg drug treatment programs
Th1s measure enac1s such reforms
C ReS1ore DNA Collecuon to Sol\e \'•olenl Cnme
I CollecunH D A from cnm.nals IS essenual to
sohmg v•olcnt crnnes Over 450 vtolent cnmes mcl udmg
murder, rat>C and robbery have gone unsolved because
DNA IS be mg collected from fewer cnmmals
DNA col lected m 201 S from a Con\tcled cht ld
molester sol\'ed the rape-murders oftv.o 51'1(·., ear-old boys
thal occurred 1hree decades ago 10 Lo:t Ani[eles County
D' .\ collec1ed 111 2016 from an 1nd1\tdual caught dn\ •ng
a stolen tar sol\ ed the 2012 San Fran,•sco Ra)' Area rape·
murder of an 81-year-old woman
J Receru chrtn KCII 10 C'ahfon11a ldv. umn tCiliiOnally
chmmated DNA collewon tbr theft a.nd drug uunes Th ts
measure restores DNA collec11on from persons com 1t1ed
for such ollCnscs
4 Perm1111ng collection of fl\Of'e 0\;A samples Y.111
help •dent• f) suspec1s. clear 1~ mnocent and free the
Y..,.ongl) COil\ ICtCd
S Th1s measure docs not affect e"Simg legal
safeguards that protect the pnvacy of md1\ •duals by
allowmg fo r 1he remov al o f the•r DNA profile tfthcy
are not charged wt lh a cnme. are acqumed or are found
•nnocent
S EC.~. I'A ROLE COI'oS tO ERATlO '
u t ion JOOJ oflhe PenHI Code i.s ll mt ndt d 10 reHd :
{language ndd ed to an ext sung secuon of law IS dcstgnated
'" ~ rypc and language dele!ed IS dcstgnated m
mtl=ut ly pel
(a) Except as o1h erw~se prov•d ed '" thts sect1on,
an mmate who IS released on parole or postrelease
superviSIOn as pro"' 1ded b) Til le 2 OS (commencmg wllh
Section )4SO) shall be returned to the: county that was
the last legal res1dence of the mmate pr1or to hrs or her
•ncarcera11on For purposes ofth1s subd1\·•s•on ... last legal
restdence" shall not be corlSirued lo mean the coun[)
whereto the mmate comrmucd an offense wh•le confined
•n a stale pnson or local Jail facll uy or wh1le confined for
treaunent 1n a state hospual
(b) Notwuhstandmg subdtv•s•on (a). an mmate nta) be
returned to another county tf that would be 111 the: best Ill·
terests of the publ1c lf1he Boord of Parole Heanngs set·
ling t~ condu10ns of parole for mma1es sen1enced pur-
suant 10 subch\ as1on (b) of Sect ton 1168. as dcterrmned
by 1he: parole cons•dera tton panel. or 1hc Depanment of
Correcuons and Rehabil •la tiOil se111ng the cond111ons of
parole for mmates sentenced pursuam to Section 1170.
dec1dcs on a return to another coun1y. 11 shall place us
reasons m vmung m the parolee's perma~nt record and
mclude these reasons 1n the not1 ce to the shenfT or ch1ef
of pollee: pursuan1 to Secuon 3058 6 In maktng •ts dec:l-
ston, the pa.rol1ng authonty shall cons•der. among ochers.
the follov.mg factors. g1vmg 1he greatest v.-etghtto the
protection of t he \ICt lm and 1he safety of1he communuy
(I) The need to prot eel the ltfc or safety of a "''cum. the
parolee. a wuness. or any o1her person
(2) Publoc eoneem 1ha1 would reduce 1he chant< 1h11 1he
mmate ·s parole would be successfully completed
(3) The \enfie:d e""•stence of a Y~.'Ork offer, or an
eJucauonal or "'·ocauonallratmng program
(4) The e'l(tSience offam1ly 111 another county ~1 th whom
the tnmate has mam tamed strong ties and whose suppon
v..ould mcrease I he chance that th e mma te 's parole would
be successfully completed
(S) The lack of necessary outpatient t reatment programs
for parolees rc<:eiVmg treatment pursuant to Se-cuon
~960
(c) The Depanment ofCorrecltons and Rehab•luat1on,
'"deterrmmng an out-of-county commnment. shall g1\t
pnort[) 10 the safet\ of the comrnun•tv and an'" Wi t nesses
and \ICIImS
(dl In mAkmg 1ts dec•ston nboul an mmate who
partiCipated 111 a JOint .... enlure program pursuant toAntcle
1 S (commencsng with Secuon 2717 I) of Chapter S,
the parohng au1homy shall 8 '"e seno~ constderauon to
relusmg h1m 01 her 10 1he county v.here the JOIOI "'enture
pro¥ram empJo)'er IS loca1ed tft hat employer stales to the:
paroling authortt) thai he or she m1ends to emplo) the
mmatc upon release
(c)( 1) The: follov.1ng tn forma110n , 1f available. shall
be released by the Depanmcn1 ofConect•ons and
Re hab•luauon 10 local law enforcemenl agenc1e:s
regardm~ a paroled 1nmate or tnmate placed on
postrelcase cornmunny supcl"'v!Ston pursuant to Tnle :! OS
(commencmg With Seclton 34S0) who IS released tn thelf
JUrtsdiC:11DnS
(A) Las1. first. and moddle names
(0 ) llonh date
(C) ClC, race, he1ght , we•~ht . und ha~r and eye color
(D) Date of parole or placement on postrelease
communi I) supen •s1on and d1scharge
(E) Regtscrauon slaiLJS. tf che mm at e IS reqUired to
reg1s1er as a result of a contr olled substance, sex, or arson
offense
(F) Calofomoa Cromonal lnformal oon Number, FBI
number, soctaJ stcunt) number, and dnve r 's hccnse
number
(G) Counly of comm11men1
(II) A dcscnpu on of scars, marks, and tattoos on the
111ma1e
(I) Offense or offenses for wh1ch t he mmate was
convt cted that resuhed 10 parole or postrelcasc
commum ry superv1s1on 1n thts mstance
())Address. ancludmg all of 1he folloWing mfonna11on
(•) Stre et name and number Post office box n umbe rs are
not nccep1ablc fo..-purposes o f th 1s subparagraph
(oo) C11y and LIP Code
(111) Dale 1ha1 the address prov1ded pu rs uant to thts
s ubparagraph was proposed to be efl"ectlve
(K) Con1ac1 officer and umt , mclu d1ng all of the
followm g mformauon
(•) Name and te lephone number of each contact officer
(11) Contacl unlll)'pc of each con1a ct offi cer such as units
rc spons1bl e for parole. regtsrrauon. or counay probauon
(L) A dogouzed omage of1he ph01 ograph and a! leas! a
smglc d1g11 tingerprant of the parolee
(M) A ge~raptuc coordmatc for the mmatc's residence
loc.at1 0n for use "1th a Gcograph1cal lnformauon System
(G IS) 0< comparable compu~er progra m
(N) Copacs of abc record ofsu[)(cva saon dunng any onor
~ru!!lO.fJ!~LQk.
(2) Unless the mformat1on IS unavailable, the Depan.ment or Correct tons and Rchab1lllataon shall clectrontcally
tmns mnto the county agency tdcn11fied 111 subdav1saon (a)
ofSecuon 34 51 the tnmate·s tuberculosts status. spec1tic
med1cal. mental hcahh. and ou tpatient cl!lliC needs,
and any mcd1cal concerns or d•sab11!11es for the county
10 co ns •dcr as the offender transitions omo postrelcasc
commun ity superv1s1on p urs uant to Secuon 3450. for
the purpose of 1den11fymg the med 1ca l and menial
hcnh h needs of the and1v1duol All lrrulsm tsSIOI\S to the
cou nty agency shall be 1n compli ance wtt h appltcable
prov 1stons of th e rederal Health Ins urance Ponab.tuy
and Acco unlabolll\ Ac< o f 1996 (H IPAA) (Pub loc Lav.
104 -IQI),Ihe federallleahh lnformaooon Technology for
Chnocallleahh A<l (IIITECII) (Publoc Law III·OOS)
nnd t he tmplementmg of pnvat) and secunt) reKula11ons
on Pans 160 and 164 ofT11Ie 4S of1he Code of federal
Regulati ons Th1s paragraph shall not 1ake effect unul the
Sec mary of 1he Un11ed S!AICS Depanmenl of Heahh and
I Iuman Serv1ccs. o r has or her desagnce, detennmes that
thts proviSion IS not prttmpted by HIPAA
(3) E.cep< for <he onformauon requored by para~raph (2).
the mformauon rcqu1rcd by thts subdtvtslon shall come
from the slate...,uk parolee database The mformauon
obtaoncd frO<n each SO<Orce shall be based on 1he same
urncframe
(4) All of1he mfonnauon requa red b) th1 s subd1vas1on
shall be prov1dcd u11hzmg a computer -lo-computer
1rnnsfer 1n a format usable by a desk top computer
system The tran.sftr ofth1s mfof"mataon shall be
contmuall y ava1lable 10 local law cnforcemenl agcnc1es
upon reques1
(5) The unaulhonzed release or rece1 pt of the mformallon
dcscnbed m th ts subdiV ISI On as a vaolat1on of Sccuon
11 143
(f) No1w11 hstandmg any ot her law. an-mmnte-who-,s·
rcleoued oorp:~role~alrnot-be-rctumcd-!o-ftoc:oloon
wt th tn 35-mtfes--of-the-actuttl res-td enee-oh vrettm-o~
.., wt tnc:s:s-ro . a ••Oic111 felon) as ddined·m pw aguaphs
(~) <o+1 );-1 oodcl3o•e. aood paoagoaplo ( lorof.stobdovmon
{<tof-S~S 01 a fcloooy on-whoch l ~ef<n<bm
tnfltets !,tf'etlt bodtty-tnJury-on--a-penon othn-th:m-an
accomphce 1ha1 h .. beeoo eharg<<hnd-proved ~
for on Scaoon 1:!02H3. ;:!OE-'1-:-<>t-I*E-9c of 1he
VIC Um Of' wuness has requested ad dnH)Ilal d•stance 10
the pl acement of the tnmat e on parole. and arthc Board
or Parole Heanngs Of' the Dcpanmcnt of Correc tiOOS
and Re hab1hta11on finds that there IS a need to protect
!he lofe, safely, or well·beong of ·~~~ Ulc.
'acl!m or Y,.1(DfS.S an mmate who 1s released on oorolc
shall 001 be returned 10 aloeatJ OO WJtbao 35 m•les ofdl(
~tual rcsadcncc of a \!Cilm of or a Witness to My of the
l'lllli!~a.
lIlA yaolent felony as defined subd!ytsJoo (c) of Secuon
667 S or subdi\ISIOO (;s) ofS(Ct iOO 3040 I
QJAkl2nY tn "'+uch_the defendant 111A 1cts grca1 bod1ly
~ on a IX£$00 Qlhtr than an accompli ce that has
bee n charged Md proved as proyaded for 10 Section
I 2022 S3 I 2022 7 or I 2022 9
(g) Nolwllhstandmg any other law, an 1nmate who
1s released on parole for a v&olauon of Sect•on 288
or 288 S whom 1he Depanmem ofCorrccl•ons and
Rehnbllnati OO de lennanes poses a lug h nsk to lhc public
shall not be pl3ced or rts1de, (Of' I he duration of h1s or her
parole. Wlthm one-half m1le of a public or plwate school
oncludong any Of All o fko ndergancn and grades I 10 12.
tneiUSI\<(:
(h) Notwnhstandmg any other law. an mmate who 1s
rele~d on parole or post release commumty superv1510n
fo..-a stal kmg oO"ense shall not be re1umed to a local! on
\lio1thm l5 m1les of1he vtc lt m·s ~actual rcs1 dence
Of' place o f tmployment 1f the Y1ct1m or ",tness has
requested additiOnal dtst ance 10 the placement of the
mmate on pa1ole or poslrelcase communll) supcrv1s1on.
and tf the lloard of Parole He.mngs or the l)epanment
ofCorrect tons rtnd Rchabd lt311on. Of" the supen tS111g
count, agency, as appli cable:. finds that there IS a need
to prolcct th c h fe. safety, or vvell~bemg of the vtcllln
If dn anmat c who IS released on postreleasc commumty
superviS IOn cannot be placed m h1s or her coumy of las t
legal res1dence 111 compl 11mcc \lio-1th th1s subdt\ as• on. 1he
supc"·•smg cou111y agency may transrer the mma1e to
another counly upon appro"al of the receiHng county
(a) The author1ty shall gave cons1dcrauon to 1he equnablc
d•stnbut1on of pa rolees and the propon1on of ou l-of-
county commumen ts from a count) compared to the
number of commitments from that count\ "'hen mak1ng
parole lkc1S10 ns
(JI An 1nma1e ma y be paroled t o an01hcr State pursuant
to any other Ia"' The Dt:panment ofCorrecuons and
Rehab•lttatton shal l coordtnate ""nh local ent1t1es
regardm¥ the placemcn1 or mmates placed out or s tate on
postreluse cornmumty superv•s•on pursuant to T1tle 2 OS
(commencmg w11h Secuon J4.50)
(kK I) E\cepl as provoded on paragraph 12). 1he Depanmen1
ofCorrec1aons and Rcha bt l ttataon shall be the agency
pnmanly respons 1ble for. and shall ha'e control o ... er.
1he program. resources, and stafT 1mplcmcn11ng the
u .... l::nrorcerncn t Au1oma1ed Data ) ste m (LEADS)
1n conformance wn h su bdiV ISion (e) Counry agenc•cs
superviS ing 1nmates released 10 postrelease commun11y
superv•s•on pursunnt to T1tle 2 05 (comrnenc1ng w•t h
Sec11on )450) shall provtde any mformatlon req ues lcd
b, the de pa llmcnllo ensure 1he 3\'BIIabt hty of accurate
111formauon regard111g mma tes rel eased from state pnson
Th1s •nfomlUIIOrl ma> 1ncludc lli.L..r«or1is Qf..tu~
1hc ISSuance o f warran ts revocations. or the tcrmtn au on of
postrelease conununll) supen 1s•oo On or bcfme August
I . :!011 . count y agcnc1es dcs1gnated 10 supe:rv1se 1nmates
released to post release commumt\ supcf\ ISIOn shall
nouf)" the depanmem that the count\ agcnc•es ha'c been
des1gnated as the local enury responsible for prov•d mg
that superviSIOn
(2) No<wuhslandong paragraph II). !he De pan men! of
Jus1oce shall be 1he age ncy promarol) responsoblc for !he
proper release of mformauon under LEADS that relates to
fingerpnnt catds
(I) In add11 10n 10 1he rcqu1remem.s unckr subdtviSIOO (k),
the lkpa.nrnent ofC'orrect1on.s and Rchab1ltlat10n shal l
submn to the Oepanment of Ju.st1ce data 10 be mcluded
mthe supcrv1scd release file of the Cahforn1a Law
l:nforccment rclccommun•cauons S~tstem <CLE TS) so
that law en fo..-cerncru can be ad..,ascd t hrough CLETS of
all persons on poslrcleasc commumty supen.1saon and
1hc county agency dcs1 gnat ed to prO\ 1de superviSIOn The
data reqUired by llu s subdiVISIOn shall be prov1ded v1a
electroniC ~rans fcr
Sect io n J040.1 is ndd ed to the l)enl\1 Code to re1td :
(a) For purposes of early release or parole cons•dcrallon
under t he nu thonty ofSectwn 32 of Antcle I o f the Constt·
lut•on. Stcl!ons 12838 4 and 1:!838 S of t he Government
Code. ScCioo ns JOOO I. 1041 S. 3().11 7 10 5~. 5000. SOS4.
50 55 • .5076 2 ofth1s Code and the rulemakmg authomy
granl<d by Sccl oon SOS8 oflhos Code. 1he follo "ong shall
be defined as "v•olcnt felon' oO"cnses
(I) ~1urder Of \Oiuntarv man slaughter
12) Mavheon.
(J) Rape as defined on paragraph (2) or (6) of subdovos oon
(a) of ectoon 26 1 or paragraph (I) 0< 14) ofsubdovosoon (a)
ofSecuon 26:!,
(4) Sodom) as defined on subdl\osoon I c) or I d) ofSecuon
286.
(5) OraJ copuln uon as defined 10 subdt\ 1s1on {c ) or (d) of
~ect1on ~88a.
(6) Le"d o r I asC I\ 1ous act as dctined m subdl\aston (a) or
I b) of ecuon 288.
(7) An\ felon) pu111shablc bv dcalh or 1mpnsonment m the
state pnson fo1 hfc.
(8) Any reJony tn wh1ch the defendant mA1cts great bod il y
InJUry on any person other than an accomplice wh1ch
has been chnrge d and proved as pro\lded form Sect ton
12022 7. 12022 8. or 12022 9on or after July I, 1977. o r
asspecofi ed prooroo Ju ly I. 1977,on Secuons 2 13.264. and
461 , or any fe lony 111 wluch 1he defendant uses a fi rearm
wl11ch usc has bee n charged and proved as provtdcd 1n
subdovosoon Ia) of eCioon 12022 J , 0< Sccuon 12022 S
or 12022 55,
(9) Any robbery.
( 10) Arson. on' oolau on of subd !'osoon (a) 0< (b) of
SeCioon 4SI,
(II) exual pcnetn111on as defined 10 subd•v·1s1on (a) or
(J) of Secuon 289,
( 12) Anemp<ed murder.
(IJ)AvoolauonofSecuon 1874S,I87SO,or 187SS.
( 14) Kodnappong,
( I S) Assault wnh 1he mtent 10 commit a spec1fi ed felony.
1n v1olat 1on of Sec11 0n 220.
( 16l Conunuous sewal abuse or a chtld. 1n vtolatton of
Secuon 288 S.
( 17) CarJad.mg. as dcfmed 111 subdi""IS•on (a)ofSecuon
21S.
( 18) Rape. spoU5al rape, or sexua l pcne1rat1on. 1n concert.
m v1olauon of Secuon 264 I ,
( 19) E\lonoon. as defined on Sccuon S 18, "'hoch would
consl!tute a felony v•o lauon o f Sect ion 186 22 ,
(20) Threai.S to YICt1ms or Wi tnesses. a.s defined an
subd1v1S1on (c) of Section 136 I .
(21) 1\n) burglary of 1he fi rS! degree, as defined on
subd1vas•on (a) ofScctaon 460, wherem 111s charged and
pro,ed that another person, ot her than an .ccomplace.
'Was present 10 the res1dence dun ng the commiSSion of
1he burglal) .
(22) An) ,.,olauon of Sectton I 2022 53 .
(23) A \'IOiauon or subd!VISIOfl (b) or (c) of SectiOn
11418,
(24) Solacuauon 10 comnut murder.
(25) Felony assault wnh a firearm an 'tolataon of
subsecuons laX2l and (b) ofSec1oon 24S,
(26) f elony assauh wtth a deadly weapon 1n "1ola11on of
paragraph (I) ofsubd1V1 S10n (a) of cc11on 24 5,
(27) Felony assauh "'"h a deadly weapon upon !he
person ora peace offi cer Or firefighte r Ill YIOial!On Of
subd•v•s•ons (c) and (d) ofSecuon 245,
(28) Felony assauh by meuns of force likely 10 produce
great bod II) InJ ury 10 v1o lotto n of paraKraph (4) of
subdtva ston (a) of SeCt lOll 245,
(29) Assault w11h caust•c chem •cals 10 "'olat •on of
Scct 1on :!4-1 .
(30) False 1mpnsonment 111 v•olat1on or Section 210 5,
( 11) f-elon\ d1schargang a lireamlln vtolauon ofSecuon
:!4 0.
(32) D1scharge of a firearm from a mocor "eh1cle an
.. ,olauon of subsectiOn (C) of Sec lion 26100.
(J)) Felony domestic' 1olence resultang 1n a traumauc
condtuon an vao lauon ofSec11on 27J 5.
(34) Felony use of fo..-ce or threats agams1 a "'1tMSS Of'
,-,cum of a cnme 1n \IOiahon of Sec11on 140,
(J5) Felonv res! .sUng a pe:au officer and causmg death Of'
senous InJUry '" \'IOiauon or cellon 148 I 0.
(16) A felon) ha te cr~me puntshable pursuant to Section
42:! 7.
(37) Felony eld~r or dependent aduh abuse 10 \IOiatton
ofsubdiVISIOO (b) Of eCt iOtl J68.
(3S) Rape on "olauon of paragraphs (I). (31. or (4) of
subdJ..,aslon (a) of Section 26 1,
(39) Rape on \IOiauon of Sewon 262.
(40) Sexual pcnetrauon an VIOiau on of subdiVISion (b).
(d) or (e) ofSecuon 289,
(41 ) Sodomy on voolauon of s ubdov os1on (I). (g). Of (o) of
Secuon 286,
(42) Oral copulahOil lll vao lauon of s ubd1 v1saon (f), (g).
or (o ) ofSccuon 288a.
(43) Abducuon o f a mmor for purposes of pros111uuon m
v1olau on ofSecuon :!67 .
(44 ) Human traffidmg Ill VIOlauon orsubd!\ISIOO (a),
I b). or (c) of Swoon 236 I .
14S) Chold abuse on voola1oon o f Secuon 27lab.
(46) Pos.sc:ssmg. e'\plodmg. ()( tgnaung a deslruCII\-C
dC\'ICC m '•olauon of Secu on 18740.
(47) T"'"o Of' more \IIOia i&OflS of subsection (c) ofSec1aon
4SI
(48) An\ auemptto commll an offense dcscnbed '" th1s
subdi\ISIOO ,
(49) An) felony on v.1uch 11 os pled and pro• en 1ha1
!he Defendanl peosonall) used a dangerous 0< deadly
v.eapon.
(SO) An) offense resuhtng m hf(ume SC'< offender
rcg1strat1on pursuan1 to Secuons m t hrough 290 009
(51) An" consptracy to commu an offense de.scnbcd m
th1s Section
(b) The pt"OVISIDnS Of thiS SeCIIOO shall apply 10 any
mrnate sen mg a custo<il al pnson sentence on or after
the effecu ve date o f 1h1s scc uon. regardless of when the
s en tence was 1mposed
Sc('tion J0-40.2 is ndded 10 lhr Peu ~l Code to re11d :
(a) Upon conducu ng a nonv•olent offender parole consa d-
c rau on rev•e", lhe hearmg officer for lhe Board or Parole
Heanngs shall constder all rele"ant. reliable mformauon
about the snmate
(b) The standard of re' aew shttll be whether the an mate
wtll pose an unreasonable nsk of crea tmg vtc ll ms as a
resuh of felont ous conduct 1f released from pnson
(c) In rcachmg thts determmauon. the hcanng officer
shall constder the follov.1ng factors
(I) Carcumstances surroundmg the current convtcllon,
(2) The mmate's cnmtnal h1s1ory. mcludang mvolvement
mother cnm1nal conduct . bothJuven tle and aduh, whtch
IS relaably documented,
(3) The mmate's msuruuonal beha\aor mcludmg both
rehabtlttatt\e programm1ng and InStitut ional nusconduct.
(4) Any mput from the mmate. any v1ctam, ~hethe r
reg1stered or n~ at l he ume of the referral , and the
prosccuttnw agency or agencies.
(5)The tnmate's past and present menta l cond111011
as documented 111 recOfds 111 the posscss1 on of the
Depanment ofCorrecttons and Rehab1lttat1on,
(6) The mmate 's past and present atl nude about the
crnne ,
(7) Any other tnformauon whtch bears o n the mmate 's
s uuabtl 1ty for release
(d) The followmg corcumslan<:es shall be cons1der.d by
the heartng officer tn determ1mng whether 1he 1nmate tS
unsunable for release
( 1) M ul11plc \ltellms tn\ohed 1n the current commttment
o ffe11Se.
(2) A VICitrn wa.s pantcularly vulnerable due to age or
phystcal or mental condlltOn.
(3) The mmate took ad,antagt of a posllton of trust 1n
the comm1sstoo of the cnmc.
(4 ) TI1e tnmate was armed wtth or used a firea rm or other
deadly weapon 111 the commtsston oft he crun e,
(5) A vtcllm su ffered great bodtly IIIJury dun ng the
commt s.ston of the cnmc,
(6) The mmate commmed the en me m assoctauon wuh a
cnm1nal strett gang.
(7) The mmatc occup1ed a pos1110n of leade rship or
dommance O\let' other pantctpants 111 the commiSSion of
the crune. or the mmatt tnduced others to pan1ctpate 1n
the commiSSIOn of the en me.
(8) Dunng the comm1SS10n of the cnmc. the 1nmatc had a
clear opponumry to cease but mstead contmucd.
(9) Th e mmate has engaged m other relia bly documented
cnmmat conduct whtch "-as an mtegral pan of the en me
for wluch the mmate tS currently commtttcd to pnson,
(I 0) The manner m wh1ch the en me was comm1tted
created a pottnual for senous m;ury to persons other than
the \1tCIIm ofdlC cnme,
(II) Tht mmate was on probauon. parole. post release
commumty superviSion, mandatory supervtSIOn or was
111 c ustody or had escaped from custody at the ttrne of the
comm itment offense.
( 12) The 1nma1e was on an) form of pre-or posl-
convlctton release at the 11me of the commitment offense.
(13} ~ mmate's pnor h1stof) of,tolence . "'hcther as a
JU "emte or adult.
( 14) The mmate has engaged 111 1msconduct 111 pnson or
J3 tl ,
( 15) The 1nmatc 1s mcarcerated for muh 1plc cases from
the same or d10C:rent counties or JUnsd tcllons
(e) The folloWlng carcumstanccs shall be cons1dered b)
the heanng officer 1n dctenmnmg whether the mmate IS
su1table for release
(I) The mrnate does not have Ujuvemle record of
assa ulttng others or commttung cnrnes wtth a potenttal
of harm to \ICIIms.
(2) The tntnate lacks any h1storv of v1olen t en me.
(3) The Inmate has demonstrated remorse.
(4)The mmatc 's present age reduces the nsk of
recad lvtsm.
(5) The 1nmnte has made rcal•sttc plans 1f released or has
developed marke1able sktlls that can be put to use upon
re lease.
(6) The 1nmate's tnslttut1onal ae11' lites demonstrate an
enhan ced abthty to funcuon wuhtn the taw upon release.
(7) Th e mmate pan1c1pated tn the cnme unde r pan1 alty
excusable Clfcumstances wtuch do not am o unt to a legal
de fense.
(8) The 1nrnate had no apparent prediSJ>OS IU On to comm•t
the en me but was mduced by others to pan1t1pate m 1ts
commiSSIOn,
(9) ·n 1e tnmate has a mmunal or no crun 1nal htstory.
( 10) The mmate was a passt"e pan.1ctpa m or pl:tved a
mmor rote 1n the commtSSion of the crunc.
(II) The en me "-as commtlted durtng or due 10 an
unusual snuauon unhkeh, to reoccur
«lion 30-aO.l is add~d to thr Ptnal Cod(• to rend:
{a) An 1nnuue whose current comm1tmc nt 111cludes a
COt lcurrem. consecuuve or stayed sentence for an offense
or atl cgauon defined as '-IOicnt by subdiVI SIOn (c) of
Stct•on 06 7 S or 3040 I shall ~ deemed a 'tol ent ofTcnder
for purposes ofSect1on l:! o f \ntcle I of the Consututton
(b) An mmatc whose current commument 1ncludes an
tndetcrmmate s en tence shalt be deemed a \IOient offender
for purposes ofSecuon )2 of Antcle I of the Consmuuon
(c) An mmat t whose curre nt commumc:nt mcludes any
enhancement wh tch ma~es the under!) m~ offense v1olent
pursuan t to subd1v1 ston (c) of ect1on 667 S shalt be
deemed a \IIOicnt offender for purposes of Sect ton 12 of
Antcle I of the Consututton
(d) f or purposes ofSccuon l2 of An1cle I of1he
Constuutton. the "full term " of the .. prtmarv offense" shalt
be calculated based onl) on actual da, s sen ed on the
commtllnent offense::
Sect io n 3 040.4 is ndd ed to tht' PfnRI Cod r to reltd;
Pursuant 10 subset t1on (b) ofScc110n .28 of An1cle I of the
Conslllulton, the Depanment shall gl\c reasonable not1ce
to 'ICUms of cnme pnor to an tnmatf be1ng rev•ewed for
early parole and release The O.panmcn1 shall prov1de
\iiCI1ms wuh the n ght to be heard regardtng early pa role
constderat1 on a nd to pan1c1pate '"the revtew process
The Depanment shalt cons1der the saftt) of the v1ct 1ms.
the \IICttms' fam1ly, and the general public "hen makmg a
dcterm1nauon on earl) release
(a) Pnor to conducting a re\tcw for eMI) parole, t he
Depanmeru sh all pro' 1de not1ce to the prosc:cutmg agency
or agenc•es and to re gtstered \IC tlmS, and shalt ma ~e
reasonable effort s to locatt" .tnd nout\ \lcttrns 'vho are not
regt5tered
(b) The prosccu11ng agetK\ shall ha't the rtghtto re' 1C"'
atl1nf0fmatton avatlable to the hcanng otlicer mcludmg.
but not hm11ed to the mmate's central hit. documented
adult and JUVen ile crumnal htstory, mstllullonat
bc:havtor tncludmg bot h rehab1htatt\ie programm1ng and
mstllui!Onal masconduct. an y mput from any person or
orgamzauon advocat 1ng on ~half of the 1nmate, and any
mfonnauon subm med by 1hc publtc
(c) A ''cum shall ha"e a ng.htto subm1 t a statement
fOf purposes of early parole cons1demt10n, mcludmg a
confident tal statement
(d}Atl prosecut111 g agenc1cs. any 1mohed law
enforcement agency. and all \ICIIms. ~hether or not
reg.1stcred. shalt have the nghtto respond to the board m
\A-Tiling
(e) Responses to the Board by prosecuttng agenc1es,
law enforcement agencieS, and vtct1ms must ~ made
Wlthm 90 days of the date of nouficat1on of the mmate 's
ehg1b1hty for earl y parole rC\itew or cons1derauon
(t) 1ne Board shall noufy the prosecutmg agcnc1es, law
enforcement agenc1es . and the 'tcllms of the ·on\llolent
Offender Parole dec1510n \'llth1n 10 days of the dec1S1on
bemg mnde
(g) Wuhm 30 days of I he nolle< of 1hc final dcc1s1on
concerntng Nonv1olent Offender Parole Cons1derauon. the
mmate and the prosecuting agenc1es ma, request rev•ew
Of th~ deCISIOn
(h) I fan mmate ts dented earh release under the
om tolent Ofl"'cndcr Parole pro' 1s1ons ot Secuon l:!
of An1ciC' t of the Consutuuon, the 1nmate shall not be
ehg1ble for early Nom 1olcnt OfTendtr parole constderatton
for 1v.o (~)calendar l ears from 1hc dale of 1hc final
dectSIOO of the pre' 10us dental
tction 30·U oflhe PenHI Code is a mended to rrad:
flane:uage added to nn cxtstmg secuon of law IS des1gnated
10 ~ type and language delete-d IS destgnated 1n
stnkcotrt 'YP<I
(a)( I) In th e case of an) tnmate sentenced pursuant
to any Ia~. other th an Chapcer 4 5 (commencmg wtth
Scc11on 1170) ofTulc 7 of l'an ~. I he llcwd of Parole
lleartngs sha ll meet wu h each mmate durtng the s 1xth
) ear before the 111mate 's mtmmum eltg1ble parole da te for
the purposes of revu!wmg and documentmg the 1nmate 's
attl\illltS and conduct pe:ntnent to parole eltg•bllll)
Durmg th1s consuhau on. the board shall pro"1de the
1nmate 1nformat1on about the parole heanng process. legal
factors relevan t to Ius or her suttabtllt) or unsuttab1h ty for
parole. and md1v 1dualtL.cd recommtndauons for the mmat c
regardtng h1s or her work llSSignment.s. rehab1lttauve
programs, and lnSIItUti Onal behaVIOr \\"1thtn 30 days
follov.1ng the consultation. the board shall ISSUt tts
posttt\e and negatt ve findmgs and rtcommendattons 10 the
tnmate 111 wntmg
(2.) One \'Car be fore thl' tnmate's mtn1mum d1g1blc parole
date a panel of two or rnorc commtsstoner5 or deput y
commtsstoners shall a~a1n meet v.:Hh the mmatt and shall
normalh gram parole as pro' tded m S«tton '().a I 5 :-.:o
mort than one meml:>e1 o f the panel shalt ~a depul\
commiSSIOner
(3) In the event of o t1 c vote, the maner shall be referred
for an en bane rev1ew oft he record that was before the
panel thai rendered the lie \iote Upon en ba11c rc\ 1ew. the
3
boa.rd shall 'ote to euhrr grant or dcny parole and render
a statemelll of dec1S10n The en bane rC'v1ew shall be
conducted pursuantlo subd iVISIOn (e)
(4) Upon a granl of parole, I he mmale shall be released
subject to all appltcable rev1ew pcnoc:b Ho\o\.'C\-er. an
mmate shall 1101 be released before reachmg hJs or her
m1n1mum e hg1ble parole date as set pursuant to Sec11on
J().a6 unless 1he mmate IS el 1g1blc for earlier release
pursuant to hts or her youth oflC nder parole ehg1b1ltt y
date or elderly parole cl!g1bllu.y date
(S) At least one commiSSIOner of the panel shall ha,·c
been present at the last precedmg mceung. unless 11 ts
not feast bit to do so or where the last preced1ng meellng
'"'as the tmttal meeung An y person on 1he heanng panel
may request revtew of any dec iSIOn regard1ng parole for
an en bane heanng by 1he boa rd In case of a re\lew, a
maJOrlt)' \.Ole m favor of parole by the board members
plii11C1p:umg man en bane rev 1c:"' IS requared to grant
parole to any 1nmatt
(b)( I) The panel or 1hc board_ slllmK en bane. shall gram
parole to an mmate unless 11 detenmnes that ahe gra"1ty
of the current conv1cted on"'ense or offenses, or the
11mmg and gra"IIY of current or past conv1c1ed offense
or oOC:nsc:s. as such that constderatton of the publ1c
safety req Uires a more lengthy penod of tnearcerauon
for 1h1s md" tduat The pant! or the board. snung rn
bane shall cons1der the enure cnmmnl htsto~
1nma1e !OCiudtnw all current or past conv•ctcd offenses
JflJl)Pl!n~ tht$ dc:t(ODtO<Uion
(2) Afier Jufl JO, ~001, an y deciSIOn oflhc parole panel
lind1ng an tnmatc suuabte for parole shall become final
''"nhm 120 days of the date oft he heann~ Dunng that
penod.the board may rc\l!ew the panel's dec1s1on The
panel's dects1on shall become final pursuant to th1s
subdtvtslon unless the board finds that the panel made an
error of law. or that the panel's det1S1on "'as based on an
error of fact , Of that new mformauon should be presented
to the board. any of "h1ch when corrected or constdered
b) I he board has a subs 1an1~a l likelihood of resulung
m a substanttally d t ITt rent dcc1ston upon a reheanng
In malong th1s detenmnat1on. the board shalt consult
wnh the commtsstoners who conducted the pa role
eons•derat1 on heanng
(3) A dcc1S1on of a panel shall no1 be d1sapp<o>ed and
referred for reheanng e-.:cept by a maJOntv \IOte of the
board, stttmg en bane. foltow1 ng a public mee:ung
(c) For the purpose of rev1 ewmg the sunab1ltty for parole
o f those 1nmates eltgt ble for parole under pr1or law at a
dale earlter than that calculated under Secuon 1170 2.
1he board shall appom1 pane ls of al leasl 1wo persons
to mee:l annually wtth each mma te unulthe umc: the
person ts released pursuant to proceed1ngs Of" reaches the
t"<p1rauon of hts or her term as calcu lated under Sectton
1170 2
(d) hIS the: tntc:nt ofrhe Legislature that. durmg umes
when there IS no backlog of •nmates awatt1ng parole
hcaongs. hfc parole-constderat ton heanngs. or hfc
resctsston heanngs. heartngs w11l be conducted by a
panel of three or more members, the nlDJOnt y of whom
shall be commtsstoners The board shalt rcpon month!)
on the number of cases "'here an tnmate has 001 rece1\-ed
a completed 10111al or subsequent parole cons•derauon
heaong ~tthtn .lO datrs of the heanng date rcqu1red b\
subd1v1s1on (a) ofSec11on 3041 S or paragraph (2) of
subdtv1s1on (b) ofSecuon 304\.), unless the 1nmate
hn..s wa1ved the nghtto thos e tuneframes That report
shall be cons1dered 1he back log of cases for purposes
of thts secuon. and shall 1nctude mformallon on the
progress toward eltm1nat tng the backlog. and on the
number of tnmates v.ho ha..,e wa1 \-ed thetr rtght to the
above umefmmes The: repon shall be made pubhc
at a rcM.ularly scheduled mee ttng of the board and a
wnttcn repon shall be made avatlabtc to the public and
transmitted to the l cg1slaturc quancrly
(e) For purposes ofth1s sec11on. an en bane rev•e" by
the board means a rev1 ew conducted by a maJOfll) of
comm•ss•oners holdtng office on the date t he matter
IS heard b) the board An en bane rev1ew shall be
conducted m compliance Wl th the foltowmg
( t) The commtss1oners conducttng tht rev1cw shalt
cons1der tilC enure record ofrhe heann!t 1hat resulted tn
the IIC \Ole
(2) The re\le~ shalt be ltm 1ted to the record oftht
heanng rhe record shall cons 1st of the trnnscnpt Of"
audiOtape of the heartng. wntten 01 clectrontcalt)
recorded statements acwatly constdercd ~ 1he panelth.at
produced the 11c \ott, and any other matcrtal acwall)
consuJrred b"t the panel 'Jew evtdence or comments
shall no1 be constdered m the en bane proceedmg
(1) Tht board shall separa1ely slate reasons for tts
dectSIOil to g rant or deny parole
(4) A comm•ss•oner who was ul\'olvcd 10 the tat ,·ote
shall be recused from constderall on of the matter tn the
en bane revu~w
Seer ion J-'.54 of I he Penal C ode is amended 10 read:
!language added 10 an exasamg se<:t1on a flaw IS des1gna1·
ed 1n ~ type and language deleted LS deSLgna1ed
In ""k-coot type I
(a) Each supe""asmg county agency, as established by
the counry board of supervasors pursuant to subdiYISion
(a) ofSecuon J4S I. shall establish a rcvLew process for
assessmg and refintng a person's program of post release
super'\'ISaon Any add111onal postfelease superviSIOn
condll1 ons shall be rnsonably related to the underlymg
offense for Yotuch 1he offender spen1 11me m pnson. or
10 the offender's nsk of recidiVISm, and the offender 's
cnmmal h1siOr')', and be othcr'\~t~Se cons1sten1 v.uh Ia\\
(b) Each county agency responSible for postrelease
supervas1on, as estabhshed by the count) board of
supef"\15()(5 pursuant to subdt\-ISton (a) ofSccuon
)451, may detemune addtllonal appropna tc cond1t1ons
of supervas1on h~ned an Secuon 3453 conststent wnh
public safety. 1ncludmg t he use of contm uous electroniC
mon1tormg as defined m Secuon 1210 7. order the
prov•s1on of appropnate rehabilitation and trcarment
serv1ces, detenmne appropnare mcent1vcs. and
dc tcrmme and order appropnatc responses to alleged
v•ola t1 ons. wh1ch can mclude, but shall n01 be hm11ed
to, •mmcd~alc. struc1Ured. and mtcrmed1 a1e S.11lCIIons up
to and mcludm~ referral to a rttnuy cou n pursuant to
Secuon 3015. or flash tncarurauon 1n a c1ty or county
Jill l Penods of flash 1ncarcerat1or' afe encouraged as one
me! hod of pun ishment for\ IOiatlo ns o f an offender's
cond1 t1on of postrclease superviSIOn
(c) As used an thasmlc ... flash 1nc3rcerauon" IS a pcnod
of de tention m a cny or county Jail due to a v1olauon of
an offender's cond1 11ons of postrclcasc superv1S1on The
length of the detenllon pcnod can range between one
and 10 consecuti\C days Flash Incarceration as a tool
that may be uS<d by each coonty agency respons1bl<
for postrelea.se superv1s1on Shoner. but 1f necessary
mofe frequent, penods of dete1111011 for v1olai10n s of
an offender 's postrclease super' 151011 cond 111 ons shall
ttpptnpnately puntsh an ofi'ender whtle prcvent1ng the
dtsrupiiOO m a v.ork or home csutbhshmcnl thatt) p1cally
a rases from lon~er 1enn re\ ocauons
(d) Uoon a dec1ston tg amoou a rxnod of Oastt
1ncarceratton the ~paoment shall not1f~
coun nublt c ckfendcr d1stnct attorney and shcntTof
each •mpos111on of Hash tncarcerauo.n_
Section 3 455 oft h e Penal Code is 1un ent.l cd t o read :
IJang uage added to an ex•srmg secuon of law IS dcs1gnat·
ed '" IIIHkrlwl:d tvpe and languag< deleted 1S des1gnated
Ln ""k-coot I) pel
(a) If the supe"'-'1Sing counl'y agency has determ1ned,
fol low1ng apphcauon of 115 assessment processes. thai
mtcrmed1ate sanC:IIOOS as authonzed Ill subdi VISIOn (b)
o fScct1on J4S4 arc not appropnate. ~~
pe[$QO bas •t~olatcd the terms of h1s or her release for a
~ the supervasmg coun1y agency shall pcuuon
rhe coun pursuam 10 ect10n 1203 2 to revoke. rnod•fy.
or tcrm mate pOs t release commumty superviSIOn At
any pomt durmg the process mtUated pursuant to thas
section. a person may waJ're, 10 'Ji.TIIIn g.. h 1s or her nght
10 COunsel. admit the VIOiaUOn O( hiS Or her (>OSifeleast
community suptrviSI<>n, "'81\C a coun heanng, and
acccpl I he proposed modificatiOn of h1s Ol' he r post release
communuy superviSion The peuuon sha llmcludc
a wntten repon that contams additional 111formauon
regardmg the pe1111on. mcludmg the relevant tenns
nnd conditions of postfclease community superv1S1on,
the ClrCUinstances of the alleged undcrly 111g v1o lauon.
the h1story and background of the v1olator. and any
recommendattons The Jud1c1al Counc1l shall adopt
fomlS and rules of coun to establish un1form statt:'rl.'ldc
procedures to 1mpleme01 th1s sutxt.vts1on. mcl udmg the
muumum contents of super'\•ISIOn agency repons Upon
a findmg that the person has \IOiated the cond1110ns
of post release communal) supel"\i1Sion. the rc\-ocataon
heanng officer shall ha\·e authonty to do all of the
followmg
(I) Return the person to post release communuy
supcrv1s1on wuh moc.ilflcauons of cond111ons. tf
appropnatc. mcludmg a penod of 1ncarccra11 00 1n a
counry Jill
(2) Revoke and tennmatC" posuclease communi!)
SU JX:rvlslon and order the person 10 confincmcm 111 a
county Jail
(3) Refer the person 10 a reentf) coun pursuan110
Secuon 3015 or other t\ 1dence-based prognun Hl the
coun 's d1scfeuon
(b) (I) At any umt durmg the pcnod of pos trelease
commumty supef"\·ts1on . 1f a peace officer....lll.d.w1uut
a probatiOn officer has probable cause to behc\-e a
person subJ~Ito post release communtt) superviSIOn 1s
v1olat1ng any term or cond1t10n ofhts or her release. 2!..hM._
fa• led tg aooear at a hranng oursuam to Scc)ton 1203 2
to re'roke moshfy or te rromatc 005trclew c:ommunuy
~the o ffi cer may. wnhoul a warranl or other
process. arrest th e pefson and bnng h1m or her before
the supervlstng county agency established by 1he county
board of superv asors pursuan110 subdtvtSIOO (a) ofSecuon
3451 Add111onally. an officercmpiO)cd by 1he superv1sm g
county agency may seck a warran1 and a coun or ns
de:stgnau:d hean ng officer appo1nted pursuan1 10 SectiOn
71622 S of the Govemmcnt Code shall ha•< th< outhonty
to 1nue a warranl for that person 's arrest
(2) The coun or Its des1gnated heanng officer shall have
the authoruy to 1ssue a warrant for a person v.·ho IS the
subtet.l of a pcut •on filed under th1s ~ecuon who has fad ed
10 appear for a hcanng on the pcuuon or fM an) reason '"
the mteresls of JUS!Ice, or to remand to custoch a person
\"-ho does appear at a heanng on the pet111on for an) reason
In the lllttreSIS Of JUStiCe
(3) Unless a person subject to postrelease communny
supcrv1ston IS othef'W'tse sef"\ mg a pe-nod of Hash
1ncarurauon. whenc\'cr a person 'rl.ho 1s subj«tto th1s
secuon IS arrested. wuh or wuhout a warrant or the filing
of a pe11t10n for revocatiOn. the eoun may order the rel ease
of the person under superv1ston from custod\ under any
lcrms and cond111ons the court deems appropnate
(c) The re\ocauon hcarmg shall be held v.1thm a
reasonable 11mc afler 1hc filing ofrhe reH>cauon petition
Excep1 as prov1dcd 1n paragraph (1) ofsubdL\ISIOn (b).
based upon a showmg of a preponderance of the cv1dence
that a person under superv1s1on poses an unreasonable
nslr.. to public safely. or that the person ma) no1 appear 1f
released from c ustody. or for any reason m the Interests
of JUSUce. the supe(vtsmg counry agency shall have
the authonty to make a detennmallon whether rhe
person should remam m custody pendmg the first coun
appearance on a pe1111on 10 re ... ol.e post release communuy
SuJ)(rviSton. and upon that dc1ermmat10rt, ma) order 1hc
person confi ned pendmg h1s or her first coun appearance
(d) Confinement pursuant to paragraphs (I) and (2) of
subdi\ISion (a} s hall not c'cccd a penod of 180 da)s 111 a
count\ Jail for each custodntl sancuon
{e) ·\person shall not rema1n under super'\ ISIOtl o•
1n custod ) pursu:mt to th1 s Ulle on or atier 1hree
Hars from 1hc dat e of the person's llllllal cnll) omo
posueleasc community super\ ISton. c'<ccpt v.hen h1s or
her supen.as1on IS tolled pursuant to Sec1100 I ~03 2 or
SUbdiVISIOn (b) of SectiOn 3456
SEC. 5. DNA COLLECTION
Section 296 of lhC' Ptnal Codr IS Amended to rt»d:
(language added to a n ex1st1ng sect 1on of Ia" IS des1gna1cd
m IIIHkrlwl:d type nnd language dcle1cd IS d~1gnated m
stnkeom type I
{a) The follow!llg persons shall PfO\Idc buccal swab
samples. ngh1 rhumbpnnts, and a full palm pont
1mprcss1on of each hand , and &n)' blood specimens or
other b1olog1cal samples reqUired pursuant to thiS chapter
for law cnforcemcnl 1denuficauon anal) s•s
(I) An) person, mcludmg any JU\ en de. 'rl.ho IS conv1c 1ed
of or pleads guilty or no contest 10 any felony offense.
01 IS found not gmhy by reason of 1nsaruty of any felony
ofl'ense. or any JUVetu le Vlo<ho IS adJud1ca1ed under Secuon
602 of the \Velfnrc and Institutions Code for cornmnu ng
an) felon) o ffense
(:!)An)' adult person who IS anc:sted for or charged wtth
any oftht foiiO\VIng felony oiTenS<s
(A) Any felony oO"e nsc spec1fied m ecuon 290 Of aucmpt
to commit any felony oiTense descnbcd 111 Sccuon 290, or
an~ felon, offense that 1mposes upon a person rhe duty to
r~1stcr 1n Cahfonua as a se:w. offender under Secuon 290
(8) \1urdcl or \-Oiuntal) manslau~htcr or an., attempt to
commit murde1 or voluntarv manslaugh1er
(Cl CommentmK o n Januar') I ~()()9 . an., adult perso''
arrested or chafged "llh ~Hly felon) offense
(l) ;\nv person. mcludmg any JU\enlle. who IS req01red
10 reg1s1er under Secuon 290 through 290 009 Of 457 1
because oftht commiSSIOn of. or the attempt to commn. a
felony or m1sdcmen nor offense. or any person. 1nclud mg
an) JUvemle. who IS housed 10 a mental health facll1ty
or se'< offender ueatment prQHram afler referral to such
fac1l1r, or program b) a coun after bcmg chafged w1th any
felom offense
W Am persor1.. ~xtludn:!lr,__!lJU\erule_.. "ho IS conv~
of..pr~l lty ~ll<stto.~ Coli~
ofT!DKi_
~u,olat1onof «~
<Bl A vaolauon ofsutxhvJStOn (I) ofSecuon 473 th!llii_
oun1shable as a nttsdemeanor pursuam tg subdi\'JSton Cbl
of Secuon 473
<Cl A' tolal!oo ofsubdrvrSJoo tal gfSccuon 47~
punashable as a m1sdemeanor pursua nt to subd1'''1oo Cbl
ofSccpoo 476a
<Ql A\ 1olauoo ofSecuon 487 1hat1s oumshablc as a
mtsd(meanor oursuaot to Secuon 4 90 2
CEl A y10!auon of Secuon 496 that 1S pumshable as a
m1sdemeanor
(.f}Amwkmeanor yaol auoo ofsubd1y1$100 Cal of
SCCIIOO I 1 JSQ of the Health and Safm Code
(01 A m1sdcmcanor vtolat ron of subdtvrsJoo lal of
ScctJoo 11377 gftbc Health and Safety Code
(Ill A Wl$dtmcanor y1olat!OO ofparawraph Cl l of
subd1yrsron lc> of Scct1on '43
(I) A mJs<kmcMor \ag!al!on ofSccuoo .,73 S
Ul A m•sdemcanor y10lal!on of paragraoh ( 1 l gf
subdl\fSJoo (b) of SectiOn 368
(I\} Am ID!Sd<;m(811Q[ fiOJauoo Y~.hCrC tht 'fiCl!m IS
defined as set fonh '" Scctaon 6.,11 of the f~
<Ll A maWrll)(M<H .,,olat1on of paragraph ())of
subdl\ 1sroo <bl ofSccuoo 641
t_.)U) The term "felony" as used 1n th1s subdt ... ISIOO
mcludes an auempr to commll the offense
(5~ \lothmM 1n th1s chapter shall be construed as
pmh1b11mg collecti On and analySIS of spec1mcns.
samples. or pnnt 1mpress 1ons as a condat1on of a plea for
a non-quahfyu1g offense
(b) The provJSaons ofth1s chapter and 1ts reqUirements
for subm1sston of spec1n1ens. samples and pnnt
1mpress1ons as soon as admm1strat1\ely practicable shall
apply to all quahfymg persons regardless ofscn1ence
amposcd. ancludmg any sen1ence of death. life wuhout
the possabtllty of parole, or any life or mdctenntnate
term. or any other d1spos111on rendered m the case of
an adult or JU\emle tned as an adult. or whether the
person IS di\-Crtcd. fined. or referred for evaluation. and
regardless of d1sposH10n fendered or placement made m
the case of JUHnile who IS found to ha\'C commmcd any
felony offense or IS adJud!cared under Secuon 602 of the
\\'elfare and lnSIIIUtiOOS Code
(c) The pro" ISIOOS o f thts chapter and Its requ1rtments for
submiSSion of spteamens. samples. and prmt 1mpress1ons
as soon as admmas1ra11vely pracl!cable by qualified
persons as dcscnbed 1n subdiYISion (a} shall apply
regardless of place men! or confinement m an) mental
hospual or 01hcr public or pn"'ate trcatmenr fac1hty.
and shall Include, but not be lumted to. the followmg
persons. mcludm~ JU\'emles
(I) Any pef$00 comrmned to a stare hospnal or other
treatment facility as a mentally d1sordered SC'< offender
under Art1cle I (comrnencmg Wlth Scctton 6)00) of
Chapter 2 of Pan 2 ofDIYISIO n 6 of the Welfare and
lnstuuuons Code
(:!)An) person "ho has a severe mental d1sorder as set
fonh v.11hm the pro\ ISIOOS of An1clc 4 (commcncang
v.Lih ewoo 2%01 of Chapter 7 ofTLtle I of Pan 3 of the
Penal Code
(3t Any person found to be: o se<ually v1olent predator
pursuant to Art1cle 4 (commenci ng With Section 6600)
of Chapter 2 of Pan 2 ofD1\ tston 6 of the Welfare and
lnsrnuuons Cock
(d) The provts1ons ofth1s chapter are mandatory
and apply 'rl.hether or not lhe coun ad vases a person,
mcludang an) JU\emle. that he or she must prO'-'Ide the
data bank and database spcc1mens, samples. and pnnt
•mpress1ons as a condtll orl of probatiOn. parole. or
any plea of gUilty. no contest. or not gudty by feason
of msanlly_ or any admiSS IOn to any of rhe offenses
descnbed 10 subdiVISIOn (a)
(e) If at any stage of coon procecdangs the prosecuttng
auorney detenmnes that SJ>C(:unens. samples. and pnnt
•mpress100S requ1red by th1s chapter haH not already
been taken from any person, as defined under subdiVISIOn
(a) of cellon~%. the prosecuung att omC) shall nottfy
I he coun Ofallv on the record, or tn wrnlnJ:I.. and requcs1
that the coun order collecl1 0n of the spccunens, samples.
an d pnnt 1mprcss1ons requ1rcd b) law llov.e\er. 11 fa1lurt
b., the prosecuting anomey or ru1y other law enforcemcn1
agenc' to noll f) rhe coun shall not rehc\e a person of
the obllga11on to PfO\Jde spec1mens, samples. and prmt
1m prcsstons puf1:uant to thiS chapter
(f) Pnor 10 final d•spos1t10n or senttncmg m the ease
the coun shall mq01r e and ve n fy that the spec1mcns.
samples. and pnnt ampress1ons requued by th1s chapter
hol\e been obtamrd and tha11h1S fact IS 1ncludcd 1n the
absrract of Judgment or d iSJ>OSII Ional order '" the cast of
a JU\emle The abstract of Judgment 1ssued by the coun
shall md1ca1e that the court has ordered the person to
comph wnh rhe reqUirements of thts chapter and thai the
person shall be 1ncluded m the state ·s DNA and Forens1c
ldenuftcatiOn Data Base and l)ata Banlr.. program and be
subJeCt to th1s chapter
l lowe"'cr, fa1lufe by the coun 10 venfy spec1men. sample,
and pnnt 1mpre:ss1on collecuon or enter thest: facts 1n the
abstract of Judgment or dtsposaltona.l order '"the case of
a JUVcmle shall not mvahdate an arrest, pl ea. conv1C11on.
or d1spos111on. (M' otherwtse rel1eve a person from the
rcqu•rements of th1s chal)(er
SEC. 6. SHOPLI FTI 'G
Sec l ion 459.5 or I he Penal Codt i.s IUn cnded to rt:•d :
llansuagc added to an C'<IShng SC(:IIOO of law IS des1gnat·
ed '" ~ l)'pe and language dele1ed os dts1gna1ed
1n 51nlc<Otrt l)'pe l
(a) No1w11hs1andmg Secuon 459. sho pll fi mg os defined
as entenng a commerc1al establishmen t wtth tntentto
commtHarccny steal rct11! woOtny or mercha,nd1st
whtlc that establishment IS open dunng regular bustncss
hours, where the value of the propen y that IS talo..en
or Intended to be taken does not exceed nme hundred
filly dollars (S950) Any other en<ry m1o a commerc.al
establishment wtth tntcnt to commit larceny IS burglary
Shophflmg shall be pumshed as a mtsdemeanor. except
that a person wtth one or more pnor convtcuons for an
ofi'cnse spec1fied 1n clause (1v) ofsubparagrnph (C) of
paragraph (2) of subd1vos1on (e) of eCilon 667 or for an
offense requtnng rcgtstratton pursuanl to subdiVISion (c)
ofSect100 290 may be puntshed pursuant to subdtviSIOO
(h)ofSecuon 1170
(b) Any act of shophfhng as defined 111 subdtvtslon (a)
shall be charged as shopllfi1ng No person who 1s charged
wnh shophflmg may also be charged wnh burl'lary or
<heft of the sam< propert)
w..::Rcla.llpropcny or mcrchillld!se'" means any JLll.dt_
prod yet commoduy 1tem or comoonc nt 1otende._<lio...b:c_
sold 10 re tail commerce
(d) "Valli('" mew the rcwl yaluc of an Hem 4S
ad\'(Oiscd by the affected rftatl at abltshmco~
t\PPI1cablc taxes
(c) T hiS sect!OO shall 001 3Qply to thcfi of a ftreaan
forweey the unlawful sale transfer or conveyance of
an access card pursuant to Sccuon 484e forw,ro'-Q(.an_
access card pypuMt to Secuon 484f the unlawful usc
of an access card pyrsuam to Secuoo 484g tbcO from
an elder pursuant to subdt' aston tel ofSect1 0n 368
~·n~ stolen proocm cmbcuJement or adenuMtft_
pursuant to Stt(JOO SJO 5 or the then or UO!lUthom.td..._
~$e of a \ehtc!c ponuant to Sec11on 10851 of the Ycbtclc
CwlL
Se<'tion 490.2 or the Pen al Code is nmended to rt.ad:
[language added to an eXISting secuon of law IS destgna.l-
ed "' ~ 1) pe and language dcle<ed 1s des1gna1ed
11151ni«<trtl)'pel
(a) Notwllhstandmg Secuon 487 or any oth er provts1on
of law defintng grand theft. obtammg any propeny
by 1hcfi "'-her< 1hc \llue of 1he money. labor. real or
personal propcny taken does not e'<Ctcd moe: hundred
f1 fi y dollars ($950) shall be C01lS1dcred peuy 1hcfi and
shall be pumshed B.S a misdemeanor, except thai such
person may Instead be: pumshed pursuant to subd1v1S10n
(h) of Secuon 1170 1f 1ha1 person has one or more pnor
convtcuons for an offense sp«1fied 10 clause (tv) of
subj~1ragraph (C) of paragraph (2) of sulxhv1S1on (e)
ofSccuon 667 or for an offense requmng reg1stratton
pursuant to subd•" •s•on (c) ofSect1on 290
(b)lhs secuon shall no1 be apphcable 10 an y rhcfi 1ha1
may be char};c:d as an tnfrac:tton pursuant to any other
provtston of law
(c) Thos secuon shall not apply 10 1hcfi of a firearm ,
fon;crv the unlawful sale transfer or convcyMce..2[
an access card ouauant to Secuon 484e forgerv of an
access card oursu!lntto Secuon 484f the uolaYtfyl usc
ofao access card oursuant to Scctton 484u theft from
il!UkkLpursuantto sybshy15100 tel ofSect ron 368
recctYIOQ stolen pu>gcrty cmbtzzJemcn t or ldtnttty_l.btft
QJHSuam 1o Sccuon SJO 5 or the theft or unauthonzcd
usc of a V(h1clc puauantto S«l!on 108_51 Qf~
C.osk
S EC. 7. SERIAL T II EFT
e<'lion ~90.3 iJ addn! t o th e Pt n MI C ode to read:
(a) Th1s secuon applies to the followmg cnmes
(I) peuy 1hefi .
(2) shophftmg.
(3) grand 1hcfi .
( 4) burglary.
(5) carJackmg.
(6) robbery.
(7) a en me aga1nst an elder or dependent aduh w11hm d~
mcanmg ofsubdi\ISion (d) or (e) ofSc:cllon 168.
(8) any vtolat•on of Sec.uon 4%.
(<)) unl awfultaktng or dn"'"& of a ve!ucle w1thlll the
menmng of Sect1on 10851 of the Veh1cle Code
(I 0) Forgery
(II) The unlawful sale. transfer. or corl\eyance of an
access card pursuant to Secuon 484e
( 1:!) Forgery of an access card pursuan1 to Secuon 484f
( 11) The unlawful use of an access card pursuant to
se~uon 484g
( l4)lden111y 1he ll pursua01 10 Secuon 530 5
(IS) The 1heO or una uthonzed use of a vth1c:le pursuant 10
Secuon 10851 of1he Veh1cle Code
(b) Notwnhs1and1ng subsecuon (3) ofsubdl\ 1s1on (h) of
ecuon 1170. subscC110f1S (2) and (4) of subd1V1S10n (a) of
Sce110n 1170 12, subsecuons (2) and (4) ofsubd1Y1S1o n (c)
of Sec:uon 66 7, any person who. havtng been prcvtously
con" tcted of two or more of I he offenses spcc:1fied 10
subdl\·ts1o n {a). wluch offenses "-ere comm111ed on
separate occastOil(!, and v..ho 1S subsequent!) COO'-'ICtcd
of pc:ny thefi or shopltOmg "'here the ,aJue oft he
money. labor, or real or personal propeiT)· taken exceeds
1"0 hundred fifiy dollars ($250) shall be pomshed by
tmpnsonment 1n the county Jatl noc e'<ceedmg one year, or
rmpr-.sonmc:nt pursuant 10 subdtvts•on (h) of ectton 1170
(c) llus secuon does not protublla person or persons from
betng charged wt th any v1olauon of law ansmg out of the
same cnmmal transactiOn that \IOiates th1s section
SEC. 8. ORCA IZED RETA IL T il EfT
Stclion 490.4 is 11dd cd to th t Pen Al Codt to r eM d :
(a) ··Retail property or merch.andtse" means an) art1cle.
product cornmod 1ty. 11em 01 component mtcndcd to be
sold 10 reuul commerce
(b) ··value" means the rctatl value of an Item as ad..,ert iSCd
b., the affected rcuul establishment. mclud111g applicable
ta'<eS
(c)An) person. v,.flO. acung '"concert "1th one or more
other persons. commtts t"o (~)or mort thc-f\s pursuant to
Sections 459 S or 490 2 of reta1l property or merchandise
havtng an aggregate value c'<ceedtng two hundred f1fiy
dollars ($250) and unlawfull y 1ales such propeny dunng
a penod of one hundred e1ghl ) da)S (I 80)15 gu1h) of
organ1zed rctatl theft
(d) Notwuhs<an dmg subsec11on (1) ofsubdJV1S10n (h) of
eeuon 1170. subscct1ons (2) and (~) ofsubdnts1on (a) of
eCIIOil 1170 12. subseCIIOOS (2) and(~) of SUbdlvtSIOil (C)
ofSecuon 667, orgllnt7ed rcta1l theft shall be pumshed b)
tmpnsonment 111 the counry Jail not exceedmg one ye11r, or
1mpnsonment pursuant to subdiVISIOn (h) of Secuon 1170
(c) For purposes of th 1s sect1011. the value of ret ad property
s tolen b)· persons ac tmg 1n concen may be aggregated mto
a smgle count or charge. "1th the sum of the "aloe of all
of the reta1l merchAndtse bemg the \aloes cons1dered 10
determm1ng the degree of thcfl
(f) An offense under th1s section may be prosecuted 1n
an\ county 111 whtch an underlymg theft could ha"e been
prosecuted as a separate offense
(g) nus secuon does not proh1b11 a person or persons from
bemg charged w ll h any v1olauon of law anstng o ut of the
same cnmmaltransact ton that \ tolates thts see~~ on
EC 9. A \IE'ID~I E N TS
11m aC1 shall not he amended bv the Lcgtslaturc C'-CCpt by
a statute that fun hers the purposes. findmgs and declara-
uons of the Act and 1s passed 10 each house b) roll call
\Ole entered 111 the JOurnal. three-founh.s of t he member·
sh1p of each house concurnng. or b) a statute that becomes
effeCII've only when appro'ved by the \Otcrs
SEC I 0. S EVERA 81 Lrn
If any provtston ofthts Act. or an) part of an) proviSIOn.
or •ts app!tca11on to any person or Circumstance ts for
any reason held to be ll)valtd or unconstllut•onnl . the
rema1n1ng pro' 1S1ons and appltc attons "h1ch can be g1\en
effect WithOUt the tn\al1d Of UllCOOSIItUIIOOal pi'O\ ISIOil or
1pphcauon shall not be affected, but shall rrmam m full
force and effect, and to thts end the pro' ISions of th1s Act
are severable
, EC II. C O 'FLIC TI ·c I 'IT IATIV ES
(a) In the e\el11thm th1s measure and another measure
addressmg parole co•lSiderauon pursuant to Secuon 12
of Antcle I of the Consutut10n. re..,ocat1on of parole and
post release commumty supcr"ISIOO. D~A collectiOn. or
theft offenses shall appear on the same statcY.lde ballot .
the prov1s1ons o f the other measure or measures shall be
deemed 10 be 10 con01ct w1th th1 s measure In the event
thai thts measure fece1 \CS a grea1er number of affinna t1ve
\OICS 1han a measure deemed to be m confltct "'lth 11. the
prmtstons ofthts measure shall pre,atlm th etr entirety.
and the o1her measure or measures shall be: null and \ otd
(b) If th1s measure IS approHd by voters but superseded
b-. law b) any other eon01ct1ng measure appro,cd b)
\Oters at the same electton . and lhC' contltcung ballot
5
measure IS taler he ld mvaltd, thts measure shall be self-
exccuung and g1"en full force and efl"ect
THE TAX FAIRNESS, TRANSPARENCY u
ACCOUNTABILITY ACT OF 2018
ATTACHMENT 8
Committee to Protect Our Communities -Fact Sheet
• The Ta x Fairness, Tran sparency, and Accountability Act of 20 18 would eliminate the current authority of
cities and counties to enact a tax for gene r al purposes with app r oval from a majority of voters, making it
harder for commu nities to maintain adequa t e l evels of services.
• Woul d now require a 2/3rd vote of City Councils or Board of Supervisors to enact many fees. Th is wil l
make it harder for co m munities hold bu si nesses and individua ls respo n sible for c r eating fires hazards,
destruction of public property, and use of eme r gency se r vices.
• Would significan tl y narrow the legal threshold from "reaso nable " to "ac tual " costs for local governments
to apply fees to se rvices, perm its, licenses, etc. This will make it more difficult for local governments to
ensure that the bus in esses pay to use serv ic es like building inspections by the f ire m arshal and provid in g
eme r gency se rvi ces for industrial sites .
• It would void loca l tax meas ures passed i n 2018 unless they are approved by 2/3 rd s of voters , even
though voters will likely not be aware of that fact. Thi s could make it harder for communities to plan for
the future to prevent cuts to public safety and other vital services.
• If passed , it would now r eq ui re any loca l tax placed on the ba llot to specifical l y identi fy how the revenues
will be spent with bi nd ing and enforceable actions. This could lead to an array of lawsuits preventing c ities
from collect i ng the necessary revenue to fund important se r v i ces .
• Wou ld require al l l oca l t ax measu r es to app ea r on ly o n a regu larl y scheduled ge ne r al el ection bal lot unl ess
an emergency is declared with a u nanimous vote of the authori zing governing body. This will limit a
community's flexibi lity to fund solutions to urgent problems.
• While the initiative exempts existing sc hoo l bond authority votes that require a 55% percent approva l ,
t he 2/3 r ds vot e r eq uiremen t f or local tax measures w il l make it ha r der for loca l commun ities r aise new
revenue to expand aft er schoo l education programs for studen t s.
• For the first time, this initiative would allow referendums of fees enacted by local legislative bodies. A
referendum could qualify w ith signe d petitions of on ly 5% of affected voter s.
• Would also place new limits on the state's regulatory authority by requiring admi n istrative actions t h at
resu lt in additional charges to bus i ness be approved by the l eg isl ature. This wil l make it more difficult in
ensuring major pol l uter s are held accountab le for thei r actions .
Paid for by Committee to Protect Our Communities , Sponsored by Labor and Local Government Organizations.
Committee Major Fund ing from California Sta t e Council of Service Emplo yees, League of California Cities
THE TAX FAIRNESS, TRA NSPARE NCY S
ACCOUNTABILITY AC T OF 2018
• The measure is bankrol l ed by the American Beverage Association, made u p of soda companies. In the
2016, they spent more t ha n $25 million opposing local soda tax measures that r equ i r ed only a majority
v ote. They have already spent more tha n $3.5 million to qua lify this measu r e in ord er dissuade cities f r om
attempting ne w soda taxes.
• The other main sponsor of the initiative i s the California Business Roundtable , wh ic h is made up of
California's largest co rporations including o i l companies , insurance companies, banks, and pharmaceutica l
com pani es. Many of their members ar e su pporting initiative so they ca n evade paying higher taxes and
make it more difficult for local government s to increase funding for services.
Paid for by Committee to Pro t ect Our Communities, Sponsored by Labor and Local Govern ment Organizations.
Committee Major Funding from California State Council of Service Employees, League of California Cities
December 2Z. _, 2017
VIA PERSONAL DELIVERY
Hon. Xavier Becerra
Attorney Genera l of California
1300 I Street, 17th Floor, P.O. Box 944255
Sacramento, CA 95814
Attenti on: Ashley Joh a nsso n, Initiative Coordinator
1 7 -0 0 5 1 Arndt. # /
RECEIVED
DEC 2 2 2017
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
Re: Request for Title a nd Summary for Initiative Constitutional
Amendment (A .G. No . 17 -0051)-Amended Language
Dear Ms. Johansson:
Pursuant to Section 9002(b) of the Ca lifornia Elections Code, please find
attached h e reto amendments t o the above-captioned initia tive measure. I hereby
requ es t that a title and summary be prepared for the initiative measure using the
amended language . My address as a registered voter, the required proponent
affidavits pursuant to Sections 9001 and 9608 of the California Elections Code, and a
check for $2,000.00 were included with the original s ubmission.
All inquires or correspondence relative to this initiative s hould be directed t o
Nielsen, Merksamer, Parrinello, Gross & Leoni, LL P, 1415 L Street, Suite 1200,
Sacramento, CA 95814, (916) 446-6752, Attention: Kurt Oneto (te lephone:
916/446-6752).
Thank you for your assistance.
Sincerely,
'Pdd~
Robert Lapsley, Proponent
Enclosure: Proposed Initiat ive Constitutional Amendment
1 7 -0 0 5 1 Arnd t. # /
[Deleted co dified text is denoted in strikeout. Added codi fi ed text i s denoted by italics and
underline.]
Section 1. Title.
Thi s Act shall be known, and may b e cited as, the Tax Fairness, Transp arency and
Acco untabili ty Act of2018.
Section 2. Findings & Declarations.
(a) Californians are alread y amo ng th e high est taxed people in the co untry and p ay
am ong the highes t tax rates in the nat ion for th e state personal income tax, sal es taxes, and
gasoline tax . From the most recent data from the US Census Bureau, California stat e and local
government general revenues co ll ected in 2015 from taxes, fees, charges, and oth er non -uti lity
local sources were the highest in the na tion at $419 bi lli on, making them the 9th highest on a per
capita basis at $8,385 per perso n . W ith 12 percent ofthe natio nal populati o n, U S Census Bureau
d ata shows that Californi ans in 20 16 p ai d 17 percent of all taxes collected by the states includin g
13 percent of all general sales taxes, 15 perce nt of all vehic le l icense fees , 16 percen t of all
property taxes, 22 percent of all corporation taxes, 23 percent of all personal income taxes, and
29 percent of all occupation and business license fees.
(b) Local governments ' appetite for new revenue adds to the r ap idl y r isi n g costs of living
th at Cal ifornians face for h ousing, child care, gasoline, food , energy, healthcare and education.
T hi s growing burden of taxes and charges is hurting h ardworkin g Californians who find
themselves living paycheck to paycheck, and being forced t o m ake tough ch oices between
p aying for housing, food, or healthcare.
(c) Cal ifornians h ave hied repeated ly to force a vote of th e peo ple before local
government revenues can be incr eased. Voter-approved ballot measures su ch as Propos ition 13
(1 978), Proposition 62 (1 986), Proposition 218 (1996), and Proposition 26 (20 I 0) required state
and local governm e nts to m ake t heir case to the vo ters on the need for increased government
revenues.
(d) Throu gh th ese measures , vo ters al so tried to keep government ho nest and transparent
about why new revenues and charges are needed and how they wi ll be used. Fo r too long,
p o liti cians, local governments, and special interests have promised that revenues w ill be spent
for a specific purpose, only to d ivert its use once the money starts coming i n. Revenues that
Page I of 10
were supposed to improve education instead have been diverted to general salary and benefit
increases. Revenues that were promised to improve and expan d goverru11cnt services were
instead diverted to pay down debts created by past government decisions. Recent major
tran sportation improvements have seen cost overruns more than d ouble their ori ginal estimate.
(c) Contrary to the voters' intent, voter approval of local government revenue increases
a nd spending accountability measures h ave been weakened by politicians, the courts, and special
interests, making it easier to raise local revenues in a myriad of ways w ith li ttle to no
accountability to the publi c w h o is expected to pay the costs.
(f) Worse, court-created loopholes have enabled lo cal governments and their surrogates
to become less transpar ent about h ow the funds taken from taxpayers are raised and spent.
Loopholes have been created which are used by local governments and even special interest
groups to: (1) pass vaguely-worded measures allowing unclected bureaucrats to impose new fees
and other charges on their own that increase th e costs of good s and services; (2) impose new
taxes and charges by hiding them and s imply calling them by another name or even using the
tenn "something else;" (3) sh elter the revenue increases from voter approval b y running the
revenues through a nonprofit organization or another third party; and ( 4) encourage "divide and
tax" b y making it easier t o raise taxes or fees on only a part of the population through simple
m ajo rity votes in low turnout e lections.
Section 3. Stateme n t of Purpo se.
(a) ln enacting thi s measure , the voters r eassert their r ight to vote on increases in local
taxes, no matter how they are lab e led nor how or by whom they are p roposed. The voters also
intend that local governments remain ac<.:o untablc to the voters for how the taxes, charges, and
other revenues extracted from Californian s are spent.
(b) Furthermore, the purpose and inte n t ofthe voters i n enacting this measure is to clarify
that any new o r increased fonn of local tax, b y any name o r manner of extraction paid directly or
indirectly by Californ ians, shall be authorized only by a two-thirds vote to ensure that the
purp oses for such tax is broadly supported and transparentl y debated .
(c) Futthermore, the purpose and intent of the voters in enacting th is measure is also to
e nsure that taxpayers have the right and abil ity to effectively balance new o r increased local
taxes, charges, or other government revenu es with the rapidly in c reasing costs Californians a re
Page 2 of 10
alre ady payi ng fo r h ous in g, food, gaso line, en ergy, healthcar e, educatio n, and other basic costs
ofliving.
(d) Furthermore, the purpose an d int ent of the voters i n enacting this measur e is to force
tr an sparen cy and ac cou ntability on how local r evenues are ut il ized, so that revenues are used for
thei r prom ised pu rposes, and not diverted to other uses witho ut the express approval of the
voters.
(e) FUitherm o re, the purpose an d int ent of the voters in enacting this measu re is to require
tha t the pub lic be all ow ed to vote on any and a ll loca l taxes tha t were created or increased by
lo cal regula ti on or other bureaucrati c ac tio n .
(f) In enacting th is measur e, the voters al so ad ditionally intend to reve rse loopholes in the
peop le's right t o vote on local government revenue increases crea ted by the courts i ncluding, but
not l imited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources
B oard, and Schmeer v. L os Angeles County .
S ection 4. S ec tion 1 of Article XIII C of the California Constitution is am ended, to read:
SECTI O 1.
D efin itions. As used in th is articl e :
(a) "Article XIII D assessment, {ee , or charge" means an assessment, fee, or charge
subject to Article Xll l D. ~eneral tax" means any tax impose d for general governmental
~oses-:-
(b) "Local governm ent" means any coun ty, c ity, city and county, includ ing a charter city
or co unty, any special di stri ct, Of any oth er local or regional govcrmnental entity, or the
electorate o[any o{the preceding entities when exercising the initiative power.
(c) "Special di stri ct" means an agency of the State, fa nned pursuant to gen eral law or a
special act, fo r the loc al performance of gove rn mental or pro pri etary functions with limited
geographic boun dar ies inc luding, but not lim ited to, schoo l dis tricts and redevelopment agencies.
(d) "Speci al tax" means any tax imp esed for speoifio pur poses, including a tax imposed
fo r sp ecific p urposes, v1h io h is placed into a genera l fund.
(fjJ_ Ee1 As u sed in th is article, "tax" me ans every a-ny levy, charge, or exact ion of any kind
imp osed , adopted, created, or established by a loca l governm ent law that is not an exempt
charge or Article XIII D assessment, fee, or charge., exeept the fo ll ow ing:
P~ge 3 of 10
(e) "Exempt charge" means only the following:
(1) A charge imposed for a speei fie benefit conferred or privilege granted directly to the
payor that is not provided to those not charged, and which does-not exceed the reasonable costs
to the l ocal government of conferring the b~rivi lege.
{1)_ Rt A reasonable charge i-mp&sed for a specific local government service o r product
provided directly to the payor th a t is not provid ed to those not charged, and which does not
exceed the reasonable actual costs to the local government o f prov iding the ser vice or product.
{ll f.B A reaso nable charge i-mp&sed for tho reasonable not to exceed the actual
regulatory costs to the a local government for issuing licenses and permits, performing
investigati ons, inspections, and audits, enforcing agri cultur al m arketing orders, and the
administrative enforcement and adjud icat ion thereof.
ill f41 A charge imp osed for entrance to o r usc of local government property, or the
purchase, rental, or l ease o f lo cal governmen t property.
{11 ~A fi ne, or penalty, or other monetary charge including any applicable interest for
nonpayment thereat· imposed b y the judicial branch of government o r a local governm ent
administrative enforcement agency pursuant to adjudicatory du e process, as a result of to punish
a violat ion of law.
ill (61 A charge im posed as a condition of property developme nt, or an assessment
imposed upon a business bv a tourism marketing district.
{§)_ f71 An Article XIJJ D assessment. (ee. or charge Assessments and proJ3erty related
fees imposed in accordance with the prov isions of Article X lii D.
(0 "Local law" includes. but is not limited to. any ordinance. resplution. regulation.
ruling. opinion letter. or other legal authority or interpretation adopted. enacted, enforced.
issued. or implemented by a local government.
(g) "Extend" includes. but is not limited to. doing any o(the following with respect to a
tax. exempt charge. or Article XIII D assessment. (ee . or charge: length ening its duration.
delaying or eliminating its expiration. expanding its application to a new territory or class of
payor . or expanding th e base to which its rate is applied.
{h) (I) A levy. charge. or exaction o[any kind imposed. adopted. created. or established
by a local law and which is retained by or payable to a non-government entity remains subject to
Page 4 of 10
this section and Section 2 i(a local law also limits in any way how the non-government entity
can use the levy, charge, or exaction.
(2) The characterization o{a levy, charge, or exaction o{any kind imposed, adopted,
created, or established by a local law as being voluntary, or paid in exchange {or a benefit,
privilege, allowance, auth orization, or asset, shall not be (actors in determining whether the
levy, charge, or exaction is a tax or an exempt charge.
{j)_ The local government bears the burden of proving by a preponderance of the clear and
convincing evidence that a l evy, charge, or other exaction o{any kind is an exempt charge and
not a tax, that the amount is reasonable and no more than neces sary to cover the reaso nable
actual cos ts of the governmefltal-aetWtty service or product or regulatory task, that an exempt
charge is not used (or any purpose other than its stated pu rpose , and that the manner in wh ich
those costs are allocated to a payor is proportional based on the service or product provided to
the payor as described in paragraph 0) o[suhdivision (e), or is proportional to the costs to the
local government created by the payor (or performing the regulatory tasks described in
paragraph (2) o{subdivision (e)bear a faireHeason-able relatioaslrtJ'He4h~~n-;
er-benefits received from, the govemmontal activity.
Sec tion 5, S ection 2 of A rticle XIII C of th e Californifl Co n s titutio n is am ended, t o read:
SECTION 2.
Local Govern ment Tax Limitation. Notwithstanding any other provision of this
Constitution:
(a) All taxes impesed by any local government sha ll be-€1-eemed to be either-general taxes
or special taxes. Special purpose districts or agencies, including school districts, shall ha.,'e no
~ower to levy general taxoEr.-
(b) No local govemment may impose, extend, or increase any general tm( unless and until
tha:t tax is submitted to the electorate and approved by a majority vote. A general tax shall not be
deemed to have been increased if it is imposed at a rate not higher tha n the mmdmum rate so
approved. The election required by this subdivision shall be consolidated with a regularly
scheduled general oteeti on for members-e-Hhe-goveming-9oa-y-e-f-H1e-ffieal govornmont,O*eepHn
eases of emergeney declared by a unanimous vote of the governing b~
PngcS oflO
(o) Any general tax imposed, extended, or increased, without voter approval, by any loca l
government on or after January 1, 1995, and poor to the effective date of this article, shall
continue to be imposed only if approved by a majority vote of the voters voting in an election on
the issue of the imposition, '>'ihich election shall be held within two years of the effective date of
this article and in complian~
(a) Every levy, charge, or exaction o[any kind imposed, adopted, created, or established
by local law is either a tax, an exempt charge, or an Article XIII D assessment, [ee, or charge.
[Ql E61 No local government may impose, extend, or increase any speoia! tax unless and
unt il th at tax is sub mitted to the electorate and approved by a two-third s vote. A speetal tax sha ll
not be deemed to have been in crea se d if it is impo se d at a rate not hi gher than the maximum rate
so approved.
(c) The governing body o[a local government shall only submit a tax to the electorate o[
the local government by an act passed by not less than two -thirds o(all members elected to the
governing body. Any tax so submitted shall be consolidated with a regularly scheduled general
election {or members o[th e governing body o(the local government. except in cases o(
emergency d eclared by a unanimous vote o[the governing body.
{d) The governing body o(a local government shall not impose, extend, or increase any
exempt charge unless and until the act containing the exempt charge is passed by not less than
two-thirds o[all members elected to the governing body. An exempt charge imposed, extended,
or increased by a governing body shall be subject to referendum pursuant to the same signature
requirement applicable to statewide referendum measures.
(e) No initiative in any lo cal government mav impose, extend, or increase any exempt
charge unless and until the exempt charge is submitted to the electorate and approved by a two-
thirds vote.
(f) No new, increased, or extended tax shall be valid or given any e[(ec t unless:
(I) The act creating, increasing, or extending the tax contains a specific and legally
binding and enforceable limitation on how th e revenue {rom the tax can be spent. ![the revenue
{rom a tax can be spent for unrestricted general revenue purposes, then a statement that the tax
revenue can be spent for "unrestricted general r evenue purposes" shall be included in the
separate, stand-alone section required by paragraph (2), and included in the ballot question
presented to voters.
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{2) A true and impartial statement o[[acts explicitly and afflrmatively identifying each
tax and the specific limi tation on how the revenue therefrom can be spent is set fo r th in the act as
a separate, stand-a lo ne section contain ing no other information.
(3) Th e revenue from the tax is not used for any purpose other than those specifically
identified pursuant this subdivision.
{g) A change in how th e r evenue {rom a tax can be spent shall be treated as a new tax
and shall be approved in a ccordance with the requirements o[this section.
(h) An Article XIII D assessment, {ee, or charge can be extended, imposed, or created
p ursuant to Article XIII D.
(i) I n order to pr eser ve the right o[ vo ters to vote on a ll local taxes as provided {o r in this
section , all o[the [allowing shall apply:
(1 )Any imposition, increase, or extension o(a local governme nt tax that was voted on by
the electorate o[the local governm en t aOer January l, 2 0 18, but prior to th e e[(ecti ve date o{this
subdivision, and which does not satisfy all o[the requirements o[paragraph (2), shall cease to
b e imposed, exten de d, in c r eased, or co llected unless and u ntil t he tax is approved in strict
compliance with all the requirem e nts o[par agraph (2).
(2){A) The tax imposition, in cr ease, or extension was approved by two -thirds o[the local
government 's electorat e.
(B) Th e act imposing, increasing, o r extending th e tax strictly complies with subdivision
{fl
(C) The ballot question presented to voters [or the tax im position, increase, or ext e ns ion
strictly complies with subdivision ro.
S ection 6. S ec tion 5 is added to Article XIII C of th e Ca lifornia Con s titution, to read:
SECTION 5 .
(a) This article and Section 4 o[Article XIJJ A shall apply to all l ocal lawmaki ng power,
whether exercised by a gove rning body or by the electorate acting through the in it iative power.
(b) Nothing in th is article or Sectio n 3 o(Article Xlll A shall be interpreted as alt ering
the voter approval r equ ir ements [o r bonded i ndebtedn ess d es cribed in paragraph (3) o[
subdivision (b) o[Section 1 o[Article XIII A.
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Section 7. Section 3 ofA rticle X lfl D of th e Ca l~forn ia Co nstitution is ame nded, to read:
SECTION 3.
Property Taxes, Assessments, Fees and Charges Limited.
(a) No tax , assessment, fee, or charge shall be assessed by any agency upon any parcel of
property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax imposed pursuant to Article Xlii and Article XIII A.
(2) Any speei:ftl. non-ad valorem tax receiving a two-thirds vote pursuant to Section 4 of
Article XIII A.
(3) Assessments as provided by th is article.
( 4) Fees or c harges for property r e lated services as provided by this article.
(b) For p u rposes of this article, fees for the provision of electrical or gas service shall not
be deemed charges or fees imposed as an incident of property ownership.
Section 8. Liberal Construction.
T his Act shall be li berally construed in order to effectuate its purposes.
Section 9. Co nflicting M easure .
(a)(l) In the event that this initiative measure and another initiative measure or measures
re lating to local vot e requirements for the imposition, adoption, creation , or est ab lishment of
taxes, char ges, and oth er r evenue measures shall appear on the same s tatewide electi on ballot,
th e other initiative measure or measures s h all be deemed to be in conflict w ith thi s measure. in
the event that this initiative measurc.receives a greater number of affirmative votes, the
provisions of thi s measure shall prevail in their entirety, and the pro vis ions of th e other initiative
measure or meas ures shall be null and void.
(2) Notwi thstanding paragraph (1 ), this initiati ve measure shall not be deemed to be in
co nfl ict with any other initiative measme th at r equires statewide voter approval of the creation,
increase, ext ension, or continued imposition of any tax .
(b) Jfthis in itiative meas ure is appro ved by the voters but s uperseded in w h ole or in part
by any other conflicting initiati ve measw-e approved by the voters at the same election, and such
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conflicting initiative is later held invalid, this measure shall be self-executing and given full force
and effect.
Section. 10. Severability.
The provisions of this Act are severable. If any portion, section, subdivision, paragraph,
clause, sentence, phrase, word, or appl ic ation of this f\ct is for any reason held to be invalid by a
decision of any court of competent jurisdiction, that decision shall not affect the validity of the
remaining portions of this Act. The Peop le of the State of Cali fornia hereby declare that they
wou l d have adopted thi s Act and each and every portion, section, subdivis ion, paragraph, clause,
senten ce, phrase, word , and appl ication not declared invalid or unconstitutional without regard to
whether any p01iion of thi s Act or applicati o n thereof wou ld be subsequently declared invalid.
Section. 11. L ega l D efense.
If this Act is approved by the voters of the State of California and thereafter subjected to
a legal challenge a ll eging a violation of state or federal law, a nd both the Governor and Attorney
Gener al refuse to defend this Act, then the foll owing actions shall be taken:
(a) Notwithstand ing anything to the contrary contained in Chapter 6 of Part 2 of Division
3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint
independent counsel to faithfully and vigorously defend this Act on behalf of the State of
California.
(b) Before appointi ng or there after s ub stitutin g independent counsel, the Attorney
General shall exercise due diligence in determining the qualifications of independent counsel and
shall obtain written affirmation from independent counsel that independent counsel will
faithfully and vigoro usly defend this Act. The w ritten affirmation shall be made publicly
available upon request.
(c) A continuous a ppropriation is hereby made from the General Fund to the Controller,
without regard to fiscal years, in an amount necessary to cover the costs of reta ining independent
counsel to faithfully and vigorously defend thi s Act on behalf of th e State of California.
S ection12. Effective Date.
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o twithstanding any other provision of the Califo rnia Cons tituti o n, this act s h all take
effect the day after its appro val by th e vo ters.
Pa ge IO o ft O