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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. Page 6 or 10 {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. Page 7 of 10 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 Pnge 8 of 10 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. Page 9 of 10 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