Legislation


The Alameda County District Attorney’s Office is committed to ensuring public safety in our county and beyond by actively participating in the legislative process in California.

Under the leadership of District Attorney Nancy O’Malley, our office frequently assists in writing and proposing legislation to sponsors, as well as testifying in support of bills. The DA’s Office works with closely with lawmakers to support legislation that fits with our mission to champion the rights of victims and to keep our communities safe.

2019 BILLS SPONSORED BY THE ALAMEDA COUNTY DISTRICT ATTORNEY:

The following pieces of proposed legislation have been sponsored by the DA’s Office. Updates will be posted regarding the progress of the bills throughout the legislative session.

AB 122- Authored by Assemblymember Grayson

Existing law authorizes a city, county, city and county, or community-based nonprofit organization to establish a domestic violence multidisciplinary personnel team and a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence or human trafficking cases and who are qualified to provide a broad range of services related to domestic violence or human trafficking. Existing law authorizes members of those multidisciplinary personnel teams to disclose to one another information and records that may be confidential but that are relevant to the prevention, identification, management, or treatment of those crimes. Existing law prohibits members of those teams from disclosing confidential information obtained from an individual to one another unless the member has obtained that individual’s informed, written, reasonably time-limited consent to the disclosure, as specified. This bill would remove the prohibition on disclosing confidential information without the individual’s informed, written, and reasonably time-limited consent to the disclosure with regards to information obtained from a minor.

AB 135- Authored by Assemblymember Cervantes

Existing law, as added by Proposition 83 of the November 7, 2006, statewide general election, makes it a crime for a person to contact or communicate with a minor, or attempt to contact or communicate with a minor, when the person knows or reasonably should know that the person being contacted is a minor, with the intent to commit one of a list of specified offenses involving the minor, including kidnapping and rape. This bill would expand the list of specified offenses described above to include human trafficking of the minor.

AB 688- Authored by Assemblymember Chu

Existing law requires a person, when leaving a handgun in an unattended vehicle, to lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or to lock the handgun in a locked toolbox or utility box. This bill would make these requirements applicable to all firearms and would additionally require the firearm to be secured to the vehicle’s frame using a steel cable lock or chain and padlock or in a locked container that is secured using a steel cable lock or chain and padlock or that is permanently affixed to the vehicle, as specified.

AB 1121- Authored by Assemblymember Bauer-Kahan

Existing law prohibits a person convicted of specified offenses from owning or possessing a firearm. Existing law prohibits a person who, as a result of a mental disorder, has been admitted to a mental health facility for intensive treatment, as specified, from owning or possessing a firearm. Existing law makes a violation of these prohibitions a crime. Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, as specified. Under existing law, if the defendant performs satisfactorily in diversion, the court may dismiss the defendant’s criminal charges. This bill would prohibit a person who is granted this pretrial diversion based on a mental health disorder from owning or possessing a firearm, or other dangerous or deadly weapon, as specified.

AB 1216- Authored by Assemblymember Bauer-Kahan

Existing law makes it a misdemeanor to place, deposit, or dump, or to cause to be placed, deposited, or dumped, or to cause or allow to overflow, sewage, sludge, cesspool or septic tank effluent, accumulation of human excreta, or solid waste, in or upon a street, alley, public highway, or road in common use or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of the property, or upon private property without the owner’s consent. This bill would state the intent of the Legislature to enact legislation that would address illegal dumping.

SB 22- Authored by Senator Leyva. Co-Sponsored with the Joyful Heart Foundation and Natasha’s Justice Project

Existing law declares that timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. Existing law finds and declares that law enforcement agencies should either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround DNA program is in place, as specified. Existing law also finds and declares that a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, should either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would instead require a law enforcement agency to either submit sexual assault forensic evidence to a crime lab or ensure that a rapid turnaround DNA program is in place, as specified, and require a crime lab to either process the evidence or transmit the evidence to another crime lab for processing, as specified.

PREVIOUS LEGISLATIVE WORK

The DA’s Office sponsored (or co-sponsored) the following bills in 2017/18 session:

AB 41 (Assemblymember Chiu): DNA Evidence

Bill summary: AB 41 would require law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. The bill would require that information to include, among other things, the number of kits collected, if biological evidence samples were submitted to a DNA laboratory for analysis, and if a probative DNA profile was generated.

UPDATE: This was passed and signed into law by Governor Jerry Brown in October 2017.

AB 67 (Assemblymember Rodriguez): Violent and Non-Violent Felonies

Bill summary: AB 67 Would define human sex trafficking as a violent felony and expand the scope of sodomy, oral copulation, sexual penetration, and rape offenses that are categorized as violent felonies, including if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, if the victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability, if the victim submitted to the act under the belief that the person committing the act was someone known to the victim other than the accused, or if the act was accomplished against the victim’s will by threatening to use the authority of a public official.

AB 320 (Assemblymember Cooley): Child Advocacy Centers

Bill summary: AB 320 would authorize a county, in order to implement a multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment, to use a Child Advocacy Center. The bill would require a Child Advocacy Center to meet specified standards, including the use of representatives from specified disciplines and providing dedicated child-focused settings for interviews and other services. The bill would authorize multidisciplinary team members to share with each other information in their possession concerning the child, the family of the child, and the person who is the subject of the abuse or neglect investigation, as specified.

AB 371 (Assemblymember Cooley): Sex Crimes -- Communication with a Minor

Bill summary: AB 371 would make it a crime to contact or communicate with a minor, or attempt to contact or communicate with a minor, as specified, with the intent to commit human trafficking of the minor. By expanding the definition of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 993 (Assemblymember Baker): Examination of Victims of Sex Crimes

Bill summary: Current law authorizes the prosecution to apply for an order that a victim’s testimony at the preliminary hearing be video recorded and the video recording preserved when the defendant has been charged with certain sex crimes, including rape and sodomy, and the victim is a person 15 years of age or less or is developmentally disabled as a result of an intellectual disability. This bill would also authorize the prosecution to apply for an order that a victim’s testimony at the preliminary hearing be video recorded and preserved when the defendant has been charged with aggravated sexual assault of a child under 14 years of age or charged with sexual intercourse, sodomy, sexual penetration, or oral copulation with a child under 10 years of age.

UPDATE: This was passed and signed into law by Governor Jerry Brown in October 2017.

SB 384 (Senator Wiener): Sex Offender Registration - Criminal Offender Registration System

Bill summary: Current law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Current law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Current law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion. This bill would instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, as specified. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions.

UPDATE: This was passed and signed into law by Governor Jerry Brown in October 2017.