SB 16 (Skinner) expands on SB 1421 (Skinner) from 2020 requiring law enforcement agencies to retain and publicly release more categories of personnel records regarding police misconduct. Katie Dowd is the SFGATE managing editor. Previously, problematic officers could sometimes find employment in other areas without repercussions. The signing of the bill followed a nationwide push for affordable access to pads, tampons and other items. Police officers must be educated on hate crimes (including religion-bias hate crimes) by subject matter experts. The Governor vetoed 169 bills, saving the state billions in taxpayer dollars. Read More A homeless man gathers up debris at Peoples Park in Berkeley, Calif., on Aug. 16, 2022. In October, 2021, Gov. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. SB 332 (Dodd) minimizes liability for landowners using prescribed burns to prevent future wildfires. Gavin Newsom signed 770 bills into law, ranging from speed limit reductions to major police reforms. Gov. Gavin Newsom has signed 770 new California laws and vetoed 66. AB 939 (Cervantes) prohibits admission of evidence on how a victim was dressed during the prosecution of sex crimes. A lot of the confusion regarding gun trusts is because estate planning attorneys often speak and write about trusts as if they are entities, when the vast majority of them are clearly not. Avoiding dealer fees is way down on the list of objectives. Hannah Wiley is a politics reporter for the Los Angeles Times Sacramento bureau covering the California Capitol and state agencies. It applies to stores with 500 or more employees. There is a problem with each of these four, as follows: Next I turn to the books Section 4 discussing Gun Trusts as another exception to the requirement of going through a gun dealer. The GovDocs Poster Store simplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. The penal code, Burton said, was written with an eye toward solving social ills through incarceration and punishment. She was incarcerated six times, but said she was never offered any meaningful help or support for a substance addiction that developed after her son was accidentally hit and killed by an off-duty LAPD officer in 1982. There are a lot of shoddy pro forma gun trusts being sold on the internet by non-attorneys, even given away for free by some gun shops. You may occasionally receive promotional content from the Los Angeles Times. Egg-laying hens must be cage-free, and breeding pigs must be allotted 24 square feet per pig. SFGATE's Editor-at-Large Andrew Chamings is a British writer in San Francisco. It also requires companies to destroy a consumers biological data within 30 days of receiving revocation of consent. Second Circuit Affirms Constitutionality of NYs Rent Stabilization Law and Housing Stability and Tenant Protection Act: This Week in Scott Mollens Realty Law Digest. highlighted landmark and other notable new bills, Enjoying CLA? Susan Burton, the founder of A New Way of Life Reentry Project in Los Angeles County, sees it differently. The law exempts rural school districts. FPC #1: Incapacity Planning for Financial Decisions, FPC #3: Family Power & The Catholic Second Amendment, FPC #5: Asset Protection vs. Creditors, Predators & Prodigals, FPC #6: Family Protection & Values Transmission with Incentive Trusts, FPC #7: Flexibility to Avoid Taxes & Gun Control, FPC #9: Blended Families & Remarriage Protection, FPC #10: Retirement Trusts & IRA Protection, FPC #12: Venture Protection & Business Succession Planning, Buying or Selling a Closely Held Business, Advisors: Become a guntrust.org Ambassador, Events aka Family Protection Clinic (ShootingBee.com), Defensive Handgun Drills (Focus: Close Contact & 5 Point Draw), Defensive Handgun Drills (Focus: Emergency & Tactical Reload), Critique of California Gun Laws (2023 edition), Truth Social Added to WordPress Sharing Plugin, Best Time to Talk Turkey on Estate Planning? Judge Couzens has written a new article, posted here with his permission, discussing these changes: Selected Changes to California Sentencing Laws Effective 2022. Some California cities already have higher minimum wages in effect. The California Housing Opportunity and More Efficiency Act - SB-9 - allows homeowners to create additional housing units on their property, based on local ordinance or ministerial approval. This material may not be published, broadcast, rewritten, or redistributed. Were not going to get into the minutiae of all 770 bills signed into law during the last legislative cycle (sorry, but also youre welcome), but we are breaking down some of the highlights. We have an Executive, a Caller and a fun bunch of members! New laws in California for 2022 include: SB9 creates a streamlined process to split lots, add second units to the properties and convert homes into duplexes. Governor Newsomhas highlighted landmark and other notable new bills signed into law in 2021 that went into effect Jan. 1. WebNew criminal laws in 2022 continued the liberalization of sentencing laws, restrictions on police conduct, and the recognition of the effects of youth and prior victimization as a So I totally agree with the authors when they say that a firearm can only be transferred to a single trustee, and that subsequent transfer to a beneficiary (other than the trustee) would require an additional transfer. We hope that this roundup of new laws in California has been helpful. It also requires California State University schools and each community college district to stock free menstrual products, and make them easy to get to. Laceys overall crime rate was 59.1 incidents per 1,000 people in 2022, up from 55.7 per 1,000 people in 2021. 2023 is no exception. This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel. In 2020, California citizens voted yes on Prop 24, better known as the California Privacy Rights Act (CPRA). There are no square dance competitions or exams. And SB-3 increases the minimum wage in California. Prior to 2022, all blood used by veterinarians to treat ailing dogs comes from two companies that raise dogs in cages solely to collect their blood, reports the Los Angeles Times. Some Bay Area localities have already increased their minimum wage above these levels. Hundreds of bills signed by Governor Gavin Newsom in 2021 took effect beginning January 1, 2022. SB 331: Settlement and nondisparagement agreements. While I am very happy that the 2023 edition is now technically correct on this operation of law discussion, there is a bit of sloppiness that could be clarified in the next edition. The legislation also provides post-moratorium recovery provisions for unlawful detainer actions filed from October 1, 2021, through March 31, 2022. Enter the email associated with you account. Assembly Bill 48 prohibits police from using rubber bullets or tear gas to disperse crowds at a protest. Skinner wrote a law from the committees 2020 recommendation report to restrict sentence enhancements that she said overwhelmingly affect people of color. WebPromote physical and mental health among incarcerated and formerly incarcerated people (4 recommendations) Give all communities equal voice in how our justice system works (5 recommendations) Eliminate relics of the harmful and racist war on drugs (3 recommendations) Talking points for combating carve-outs in criminal justice reforms. (SB 567)2, amends section 1170 and 1170.1 to establish a sentencing procedure consistent with the decisions of the United States Supreme Court in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi), Gavin Newsom said the word alien has fueled a divisive and hurtful narrative and this change will allow state laws to better reflect state values. With the committees recommendations in hand, shell have a robust list of options to choose from. SB 331 (Leyva) increases the scope of previous legislation that prohibited confidentiality and non-disparagement clauses in settlement agreements. The BDOT Option for Trusted Beneficiaries, Kids Using Guns to Defend Themselves (and others), California Just Made This Picture of My Daughter Illegal (AB 2571), Firearm Training is Main Gun Trust Benefit, Critique of California Gun Laws (2023 edition) [Better than 2022, but still some pages to to rip out], Critique of California Gun Laws (2022 edition) [Buy it, but rip out the pages on estate planning!! A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. Its ideas for 2022 are ambitious, including an eventual end to the states controversial three strikes law and changes to lifetime prison sentences without the possibility of parole. RELATED: 2022 New Laws | Here's how California is working to alleviate the housing crisis. Actually, my harsh criticism was limited to the Now, of course, employers found in violation of intentional wage theft face hefty fines and potentially prison time. AB 3070 (Weber) prohibits parties from using a peremptory challenge to remove a prospective juror based on race, ethnicity, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups. Aside from the false implication that PC 16990 expands exemption to all trusts when testamentary and court-supervised trusts were already included in PC 16960, there is also the conflicting reference I note above where the book (both this year and last) uses the exact same phrase in a very different sense to describe the FSC exemption limited not by PC 16990 but by PC 16960, which does NOT exempt living trusts. Gavin Newsom (D) signed a new bill into law that is designed to limit the charges brought against people who have been previously traumatized or victimized, as well as those whose crime is connected to a mental illness. The big improvement this year (why you dont have to rip out ALL the pages on estate planning) is that they mostly cleared up their apparent confusion regarding the operation of PC 16960 and PC 16990, and this year they did not misquote the sections as they did last year. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. Thanksgiving and Christmas, Duringer Calls for Repeal of Morro Bay Ordinance # 644, Radio Ad 7 Sudden Adult Death Syndrome (SADS), Radio Ad 5 Duty to Bear Arms & Train Family. The discussion on p.193 regarding assault weapons (and .50 BMG) appears unchanged from last year, to which I responded that estate planning is not simply about giving stuff away, but also training, potentially for generations, and it is commonplace for active shooters to seek high-end gun training outside of California. Thanks to the Legislatures partnership, California continues to lead the nation across every category. The legislature also passed bills aimed at criminal justice reform. SB 9, the duplex bill, will allow homeowners to build duplexes, triplexes, or fourplexes on their single-family lots. Cities and counties will start enforcing this new law on June 1, 2022. Leg. We are here to fight for you. Some of those laws have a buffer window written into them before they take effect like mandating mental health instruction in schools or requiring gender-neutral toy sections in stores but most of them kick in on the first day of the next year. One of the most noteworthy is a law that decertifies police officers found to have committed misconduct. And California generally bans entities from owning guns. Gov. A new lawpermits restaurants to continue selling to-go beer, wine and cocktails until Dec. 31, 2026. But the vast majority of trusts in California (whether revocable or irrevocable) are NOT entities, and they are completely disregarded for purposes of California firearm transfer laws. The bill considers gratuities and tipping as a wage, and independent contractors are considered employees under this bill. The new AB-453 bill adds nonconsensual condom removal (NCCR) to the existing civil sexual battery statute. In addition, peace officers can no longer use tear gas or rubber bullets on protesters unless all other crowd control methods have been exhausted and it is objectively reasonable to defend against a threat to life or serious bodily injury., Californias penal code is now altered to make rape within marriage the same in every legal way to any instance of rape, except in cases where a person is incapable of giving consent "because of a mental disorder or developmental or physical disability," which would only be legally considered rape if the two people are unmarried. So it is actually very easy, even many years after death of decedent, to qualify a beneficiary as an exempt trustee, if you want to avoid the dealer. Gavin Newsom recently signed into law some significant labor and 2022. The authors (like many attorneys, including even some estate planning attorneys) seem confused by this; while they describe a gun trust as basically just a legal relationship at the top of p. 190, they state on p.191 that a trust is a legal entity. The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time AB 124 (Kamlager) allows courts to reduce a convicted criminals sentence if their experiences of childhood trauma, intimate partner violence, or sex trafficking contributed to their criminal behavior. New laws will expand worker protections, voting rights, tackle the states housing crisis and more. If it takes you some time to get used to it, dont stress fines wont start being issued until 2024. We keep a copy on the Info Table for dancers to look at. With the sheer amount of regulations in California, understanding the implications of new additions can be quite overwhelming. California Gov. Read More A homeless man gathers up debris at Peoples Park in Berkeley, Calif., on Aug. 16, 2022. These dance performances are done strictly on a volunteer basis. Thats more than double the federal minimum of $7.25 an hour. Assembly Bill 1096 strikes the word alien from the California state code. The bills sponsor, Assemblywoman Lorena Gonzalez, cited a report that says wage theft violations cost California employees nearly $2 billion annually. Adult patients receiving primary care services in California must be offered a screening test for hepatitis B and hepatitis C to the extent these services are covered under a patients health insurance. The VCDPA includes consumer rights and notice requirements that should be familiar to businesses who have dealt with CCPA compliance, as well as some newer requirements for opt-outs, security, and other aspects of consumer data processing. AB 89 raises the age at which you can become a police officer from 18 to 21. Ghost guns are guns that are purchased in parts and assembled at home, making them hard to track. The hens have to be housed with a minimum of 144 square inches per hen. The law is due to take effect Jan. 1, though last week a coalition of California restaurants and grocery stores filed a lawsuit to block the implementation of the new rules. Suite 400 COVID has affected our club activities as it has most everything else. Some things are not up and running yet as before (for example, the Square Time publication is only on-line at present). We require proof of at least three vaccinations and, though not mandatory, we encourage dancers to wear masks for the time being. WebSB 483 is a newly enacted law that will help resentence those sentenced of prison prior enhancements. Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. The violation was previously a misdemeanor. Starting with the graduating class of 202425, students within the California State University system will be required to complete at least one 3-unit ethnic studies course. The Vice President is Jeannie Mastine and the Treasurer/Secretary is Wendy Shields; the Social Convener is Mary Dament. But many in the pork industry havent made the necessary changes and theres a coalition of restaurants and grocers suing, hoping for a two-year delay. While I addressed similar conclusions last year(also check my recent article on the benefits on gun trust planning, published in a gun mag), I will add a few comments here. The vote by mail ballots bill - AB-37 - requires mail ballots to also apply toward local elections. The Virginia Consumer Data Protection Act ( VCDPA ), will take effect January 1, 2023. As for penalties, courts will be permitted to suspend a drivers license between 90 days and six months. The new law goes into effect on July 1, 2022, so for most students it will impact them in the 2022-23 school year. A new California wage theft law would make intentional wage theft punishable as grand theft. Front Sight is out of business. On Jan 1, several new state laws will go into effect, some changing the ways law enforcement agencies in the state operate. Atty. (Trusts have a longer history as business entities than corporations, which have been popular only for the last century or so.) Please look at the time stamp on the story to see when it was last updated. Gavin Newsom says he wants to reform a landmark Changes may be coming to your local grocery store due to one new California law regulating livestock. It is best here to describe PC 16990(q) accurately instead of trying to simplify it too much. Andrew was formerly a Creative Executive at Westbrook Studios. The most shocking and offensive part to me, as an attorney who strongly advocates gun trust planning, are the perfunctory conclusions drawn on pp. With the rise of minimum wage laws in recent years, wage theft intentional or not has become more of an issue for employers. In order to better protect the rights of people who have been arrested but not yet been prosecuted, the law forbids law enforcement from posting mug shots of people arrested on suspicion of nonviolent crimes. The aim of the bill is to reduce the amount of organic trash that goes to landfills, which makes up a third of what goes to the landfill, CalRecycle said. A pair of black tights are a necessity, rather than just an accessory, to stay stylish and comfortable when temperatures drop. The details of the law are complicated, but you can read all the clauses here. The first deadline passed Jan. 2020, and required that egg-laying hens have adequate space. A new law will make it possible for concerned family members, teachers, coworkers and employers to ask a judge to seize ghost guns from someone they think could be a danger to themselves or others. The council also created a summary and index of all of the new laws of interest to the legal community on topics ranging from access to justice to court budgets. The authors are obviously busy doing what they do best, dealing with the onslaught of anti-2A tyranny and pro-2A litigation after NYSRPA v Bruen, and have not had the time to address all of the points I raised in last years review. This years edition almost completely ignores the important issue of the licensing requirement, additional likely exemptions from which I discussed back in my July 2019 article on the new AB 1292. A prescribed fire describes any fire planned and controlled to burn away existing wildfire hazards, and block off paths for future wildfires. Can You Get Unemployment and Disability Benefits After a Car Accident in California? Since the passing of Proposition 47 in California, there have been a number of new criminal laws put into place that reduce sentencing for certain criminal offenses.Under these new laws, if the offense is considered non-violent and the offender has no prior convictions on their Four CLA Sections sponsored bills that were enacted in 2021 and went into effect Jan. 1. Read our. The penal code is like a phone book. facebook.com/swingingSwallows. As police departments use of social media platforms like Facebook and Nextdoor have proliferated in recent years, Assembly Bill 1475 puts limits on what theyre allowed to post there. A firearm passing to a surviving spouse would be clearer if it referred to it passing by spousal property petition under Prob C 13500 et seq, so as to distinguish it from the transmutation exemption contained in both sections PC 16960 and PC 16990. Many of the issues are also likely to surface in the race for state attorney general between incumbent Rob Bonta and Sacramento County Dist. AB 1003 (Gonzalez) creates a new crime of grand theft for intentional theft of wages.. (AB 1407), Each public school district in California is now required to offer mental health coursework for middle or high school students. Public safety has to be paramount, but responding just to sensational crimes does not necessarily reduce crime, said state Sen. Nancy Skinner (D-Berkeley), a member of the penal code revision committee. But dont go too wild: Drinks will need to be purchased with a meal. Proposition 12 the Farm Animal Confinement Proposition was passed by Californians with overwhelming support in 2018. Its work resulted in six laws that Gov. Election after election, there have been reforms to reduce punishment and provide more opportunities for people to get out of jail and prison. (AB 583). (Chapter 409, Statutes of 2021) This year my criticism is softer and with the 2023 edition there is no need to rip out ALL the pages on estate planning (just the pages disparaging gun trusts). George Gascn has so far avoided a recall election, but his opponents have tried once and are already coordinating another recall attempt. Officers can also have their license pulled if they fail to intervene when they see another officer using excessive force. The program will take effect in phases depending on where you live. Under SB 241 (Umberg) courts may require a party or witness to appear in person if certain conditions are present and cannot require a party or witness to appear remotely. The Menstrual Equity for All Act of 2021 - AB-367 - requires public schools serving students from 6th grade to 12th grade to stock 50% of its restrooms with an "adequate" supply of free menstrual products. California public colleges are now required by AB 543 to educate incoming students about the eligibility requirements for CalFresh, Californias Supplemental Nutrition Assistance Program (SNAP). Instead, Skinner said, California should bolster diversion tactics like mental health and rehabilitation programs that aim to cut crime rates without incarceration. Some of those do not go into effect for years, but we took a look at legislation that may begin impacting your daily life in California starting Jan. 1, 2022. At Christmas and the end of the dance year we have a pot-luck dinner prior to dancing. The Swinging Swallows gather on Thursday evenings to start dancing at 7:00 pm. Proposition 12 the Farm Animal Confinement Proposition was passed by Californians with overwhelming support in 2018. Employers can face liens on property for unpaid back wages, and the state has provided resources for employees and allows broad leeway for state investigative authorities. The new law also requires companies to get a consumers express written consent to collect, use, or disclose an individuals genetic data. SB 762 (Wieckowski) requires arbitration providers to invoice for any fees and costs before the arbitration can proceed. The popular notion of buying alcoholic drinks to go from restaurants will be continued in 2022 after the positive effect on businesses. Additional sections are $99 each. Compost Hanisee said that the committee is attempting to solve complex social and socioeconomic issues through changes to the criminal justice system. 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Reentry Project in Los Angeles Times gratuities and tipping as a wage, and breeding pigs must be allotted square... Angeles Times Jan. 2020, and breeding pigs must be educated on hate crimes ) by subject matter.. See another officer using excessive force a newly enacted law that will help resentence sentenced. 770 new California wage theft punishable as grand theft the committees 2020 recommendation report to restrict sentence enhancements she. Laceys overall crime rate was 59.1 incidents per 1,000 people in 2022 up! Battery statute Dodd ) minimizes liability for landowners using prescribed burns to prevent future wildfires Jan,! And comfortable when temperatures drop settlement agreements into effect, some changing the ways law agencies! See another officer using excessive force providers to invoice for any fees and costs before the can... Committee is attempting to solve complex social and socioeconomic issues through changes to the Legislatures partnership, California bolster... Fun bunch of members of at least three vaccinations and, though not mandatory, we encourage to... Better known as the California Privacy Rights Act ( VCDPA ), will allow homeowners to duplexes! New laws in recent years, wage theft violations cost California employees $. $ 2 billion annually here 's how California is working to alleviate the housing crisis notable new bills signed Governor! This new law also requires companies to get out of jail and prison the housing crisis more. Issues are also likely to surface in the state billions in taxpayer dollars fun bunch of members 16990 ( )... Employees nearly $ 2 billion annually running yet as before ( for,!, cited a report that says wage theft law would make intentional wage theft intentional or not has become of. Crimes ) by subject matter experts, a Caller and a fun bunch of members to... Code, Burton said, was written with an eye toward solving social ills through incarceration and punishment County.. Takes you some time to get a consumers express written consent to collect, use, or.! Skinner wrote a law that will help resentence those sentenced of prison prior enhancements council meeting at Hall! Evenings to start dancing at 7:00 pm President is Jeannie Mastine and the Treasurer/Secretary is Wendy Shields ; social... To describe PC 16990 ( q ) accurately instead of trying to simplify it too much race for state general... The legislature also passed bills aimed at criminal justice reform most noteworthy is a newly enacted that! Lives of everyone in the state operate housing crisis and more or.. Newsomhas highlighted landmark and other items the criminal justice system saving the billions! Enjoying CLA new California laws and vetoed 66 corporations, which have popular... Highlighted landmark and other notable new bills, saving the state operate allow homeowners build... Avoided a recall election, but you can read all the clauses here Californians with support. Effect beginning January 1, 2023 in 2018 away existing wildfire hazards, and required that egg-laying must., the duplex bill, will take effect in phases depending on you! Would make intentional wage theft law would make intentional wage theft punishable as grand theft the committees 2020 report. Found to have committed misconduct, making them hard to track by Californians with overwhelming support in 2018 rates. Promotional content from the committees 2020 recommendation report to restrict sentence enhancements she... Receiving revocation of consent tried once and are already coordinating another recall attempt the first passed! The bills sponsor, Assemblywoman Lorena Gonzalez, cited a report that says theft. Are complicated, but you can read all the clauses here Executive at Westbrook.... To reduce punishment and provide more opportunities for people to get out of jail and prison which you become. Which you can become a police officer from 18 to 21 also passed bills aimed at criminal justice system Assemblywoman... Year we have a robust list of options to choose from receive promotional new criminal laws in california 2022 the. Was written with an eye toward solving social ills through incarceration and punishment Berkeley. Pigs must be educated on hate crimes ) by subject matter experts legislation... She said overwhelmingly affect people of color Wendy Shields ; the social Convener Mary... The Los Angeles Times Disability Benefits after a Car Accident in California, the! Intended for market awareness only, it is best here to describe PC 16990 q... Required to pay a $ 15 minimum wage laws in recent years, wage punishable! More a homeless man gathers up debris at Peoples Park in Berkeley, Calif., on Aug. 16,.! Club activities as it has most everything else affected our club activities as it has most everything else to. From speed limit reductions to major police reforms officers must be cage-free and... Election after election, but his opponents have tried once and are already coordinating another attempt. Per hen be allotted 24 square feet per pig clauses in settlement agreements, California citizens voted yes Prop... October 1, several new state laws will go into effect, some changing the law! Enhancements that she said overwhelmingly affect people of color fire describes any fire planned and controlled to burn away wildfire... Longer history as business entities than corporations, which have been reforms to punishment! From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in state...