One-Year Priors Limited to Sexually Violent Offenses: SB 136

Previously, under Pen. Code § 667.5, subd. (b), an additional one-year term could be imposed for each prior separate prison term or county jail felony term, except under certain circumstances. This bill limits the additional one-year term to each prior separate prison term served for a conviction of a sexually violent offense, as defined in Welf. & Inst. Code § 6600. The five-year washout remains, as does the three-year term for each prior violent felony.

Notice of Early Revocation of Probation: AB 433

New Primary Caregiver Diversion; SB 394

SB 394 adds Pen. Code § 1001.83, which allows participating counties to create a pretrial diversion program for defendants charged with misdemeanors or a nonserious, nonviolent felonies, who are also the primary caregivers of a child under 18 years of age. It does not apply to defendants who are alleged to have committed the crime against that child. The period of diversion can be between 6 and 24 months. Under the program, the defendant may participate in classes on parenting, anger management, and financial literacy, and may receive services relating to housing, employment, and drug, alcohol, and mental health treatment, as well as physical and sexual abuse counseling and domestic violence education. This new diversion follows recently enacted diversion programs for individuals with mental disorders, and active military or veterans.

New Stature of Limitations for Domestic Violence Cases: SB 273

This bill adds Pen. Code § 803.7, which sets the statute of limitations to 5 years for domestic violence under Pen. Code § 273,5. Previously, the statute of limitations for domestic violence was 3 years. The new statute of limitations applies to crimes that are committed on or after January 1, 2020, and to crimes for which the statute of limitations that was in effect before January 1, 2020, has not run as of January 1, 2020.

SB 273 also requires the law enforcement training course on domestic violence complaints to include methods for ensuring victim interviews occur in a venue separate from the alleged perpetrator, de-escalation techniques, and specified questions for victims, as well as the signs of domestic violence, and the current and historical context of communities of color impacted by incarceration and violence.

Repeal of Drug Registration: AB 1261

Previously, a person who was convicted of certain offenses involving controlled substances was required to register with either chief of police of the city or the sheriff of the county. AB 1261 repeals the drug registration requirements of Health & Saf. Code §§ 11590, 11592, and 11593. In addition, the statements, photographs, and fingerprints obtained under the previous law, as it read on January 1, 2019, are not open to inspection by the public or by any person other than a regularly employed peace or other law enforcement officer.

New Motion to Return Case to Juvenile Court: AB 1423

This bill adds Welf. & Inst. Code § 707.5, which allows a person whose case was transferred from juvenile court to an adult court to file a motion to return the case to juvenile court for disposition, under certain circumstances. For example, if the defendant, had been transferred to adult court on the basis of serious felonies, and was found not guilty of the felonies, but was convicted, or took a plea for a misdemeanor or a less serious felony. AB 1423 also requires the probation department to prepare a social study on the questions of proper disposition.

New Notice and Filing Requirements for Pitchess Motions: AB 1600

A motion to discover an officer's personnel file or other police agency record that contains relevant information is commonly called a Pitchess motion (Pitchess v Superior Court (1974) 11 Cal.3d 531), and the Pitchess ruling has been partly codified in Evid. Code §§ 1043–1046, which set out procedures for requesting disclosure of personnel records of peace and custodial officers, and which apply in all cases in which a party seeks disclosure of peace or custodial officer personnel records. AB 1600 amends Evid. Code § 1043 to require written notice in criminal cases to be served and filed at least 10 court days before the appointed hearing, all oppositions to be filed with the court at least 5 court days before the hearing, and all replies to be filed at least 2 court days before the hearing. AB 1600 also requires proof of service of the notice to be filed no later than 5 court days before the hearing.