BILL NUMBER: SB 1241	CHAPTERED
	BILL TEXT

	CHAPTER  699
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  MAY 27, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  MAY 7, 2008
	AMENDED IN SENATE  APRIL 23, 2008

INTRODUCED BY   Senator Margett

                        FEBRUARY 14, 2008

   An act to amend Section 56.103 of the Civil Code, to amend
Sections 3130, 3425, and 3448 of the Family Code, to amend Sections
1031 and 15029 of the Government Code, to repeal Section 11648 of the
Health and Safety Code, to amend Section 227 of the Labor Code, to
amend Sections 290.3, 538d, 830.2, 1126, 1170.11, 1298, 11102.1,
11112.5, 11167.5, 12020, 12076, 12082, 13825.3, and 14204 of, and to
repeal Section 12091 of, the Penal Code, to amend Sections 10652,
13352, and 40002 of the Vehicle Code, and to amend Sections 731.1,
733, 1731.5, 1766, and 1767.35 of the Welfare and Institutions Code,
relating to public safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1241, Margett. Public safety.
   (1) Existing law provides procedures for the enforcement of child
custody orders and support obligations.
   This bill would make technical, nonsubstantive changes to those
provisions.
   (2) Existing law requires the Department of Justice to annually
report on its activities and accomplishments to the Legislature and
to federal, state, and local law enforcement agencies, as well as to
other interested groups. Existing law requires that report to include
a separate report on the activities of the Crack Down Task Force
Program, which has the responsibility for establishing, conducting,
supporting, and coordinating crack down task forces composed of state
and local law enforcement agencies targeting the investigation and
apprehension of the Colombian cartel-street gang cocaine networks.
   This bill would delete the requirement that the Department of
Justice's annual report include a separate report on the activities
of the Crack Down Task Force Program.
   (3) Existing law requires peace officers to meet certain minimum
standards, including being a high school graduate, as specified,
passing the General Education Development Test, or having attained a
2-year or 4-year degree from an accredited college or university.
   This bill would revise and recast the above requirements. Among
other changes, the bill would expand the category of organizations
and agencies that are authorized to accredit schools for purposes of
those provisions.
   (4) Existing law requires the Department of Justice to establish a
Clandestine Laboratory Enforcement Program to assist state and local
law enforcement and prosecutorial agencies in apprehending and
prosecuting persons involved in the unlawful manufacture of
controlled substances. Existing law also requires the Department of
Justice to report annually on its activities and on the
accomplishments of the Clandestine Laboratory Enforcement Program to
the Legislature and to federal, state, and local law enforcement
agencies, as well as to other interested groups.
   This bill would delete provisions that require the Department of
Justice to make those annual reports.
   (5) Existing law, enacted by initiative statute, requires sex
offenders, as defined, to pay a fine, as specified. Existing law
transfers $100 for each of those fines imposed in excess of $100 to
the Department of Corrections and Rehabilitation to defray the cost
of the global positioning system used to monitor sex offender
parolees.
   Existing law permits the Legislature to amend those provisions by
a statute passed in each house by rollcall vote entered in the
journal, 2/3 of the members of each house concurring, or by a statute
that becomes effective only when approved by the voters.
   This bill would instead transfer 1/3 of every first conviction
fine collected and 1/5 of the second and each subsequent conviction
fine for that purpose. By amending that initiative statute, this bill
would require a 2/3 vote.
   (6) Existing law declares that whenever an employer has agreed
with any employee to make payments to a health or welfare fund,
pension fund, or vacation plan, or other similar plan for the benefit
of the employees, or a negotiated industrial promotion fund, or has
entered into a collective bargaining agreement providing for those
payments, it is unlawful for that employer willfully or with intent
to defraud to fail to make the payments required by the terms of that
agreement. A violation of that provision where the amount the
employer failed to pay into the fund or funds exceeds $500 is
punishable by imprisonment in the state prison for a period of not
more than 5 years or in the county jail for a period of not more than
one year, by a fine of not more than $1,000, or by both that
imprisonment and fine.
   This bill would change that punishment to imprisonment in the
state prison, or in a county jail for a period of not more than one
year, by a fine of not more than $1,000, or by both that imprisonment
and fine, and would state the intent of the Legislature regarding
that change.
   (7) Existing law grants specified peace officers authority that
extends to any place in the state, including any member of the Law
Enforcement and Investigations Unit of the Department of Corrections,
as specified.
   This bill would extend that authority to any member of the Office
of Correctional Safety of the Department of Corrections and
Rehabilitation whose primary duties are as specified.
   (8) Existing law authorizes the imprisonment of a person who
manufactures, imports, sells, or possesses specified weapons.
Existing law exempts from that provision the sale to, purchase by, or
possession of, short-barreled shotguns or short-barreled rifles by
police departments, sheriffs' offices, marshals' offices, the
California Highway Patrol, the Department of Justice, or the military
or naval forces, as specified.
   This bill would specify, in addition, that the sale to, purchase
by, or possession of, short-barreled shotguns or short-barreled
rifles by the Department of Corrections and Rehabilitation, as
specified, is not punishable by imprisonment.
   (9) Existing law declares the possession of any pistol or revolver
upon which the name of the maker, model, manufacturer's number or
other mark of identification has been changed, altered, removed, or
obliterated, to be presumptive evidence that the possessor has
changed, altered, removed, or obliterated the same.
   This bill would repeal that provision.
   (10) Existing law requires the Department of Justice to prepare
and submit an annual report to the Legislature regarding the
California Gang, Crime, and Violence Prevention Partnership Program,
as specified.
   This bill would require the department to file that report only in
years in which the program receives funds.
   (11) Existing law requires the Corrections Standards Authority to
provide for the presentation of training to peace officers which will
enable them to more efficiently handle, on the local level, the
tracing of missing persons and victims of violent crimes.
   This bill would delete that provision.
   (12) This bill would also provide that any section of any act,
other than SB 1498, enacted by the Legislature during the 2008
calendar year that takes effect on or before January 1, 2009, and
that affects, as specified, any one or more of the sections affected
by this act shall prevail over this act, whether this act is enacted
prior to, or subsequent to, the enactment of that act.
   This bill would also make other related, conforming changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56.103 of the Civil Code is amended to read:
   56.103.  (a) A provider of health care may disclose medical
information to a county social worker, a probation officer, or any
other person who is legally authorized to have custody or care of a
minor for the purpose of coordinating health care services and
medical treatment provided to the minor.
   (b) For purposes of this section, health care services and medical
treatment includes one or more providers of health care providing,
coordinating, or managing health care and related services,
including, but not limited to, a provider of health care coordinating
health care with a third party, consultation between providers of
health care and medical treatment relating to a minor, or a provider
of health care referring a minor for health care services to another
provider of health care.
   (c) For purposes of this section, a county social worker, a
probation officer, or any other person who is legally authorized to
have custody or care of a minor shall be considered a third party who
may receive any of the following:
   (1) Medical information described in Sections 56.05 and 56.10.
   (2) Protected health information described in Section 160.103 of
Title 45 of the Code of Federal Regulations.
   (d) Medical information disclosed to a county social worker,
probation officer, or any other person who is legally authorized to
have custody or care of a minor shall not be further disclosed by the
recipient unless the disclosure is for the purpose of coordinating
health care services and medical treatment of the minor and the
disclosure is authorized by law. Medical information disclosed
pursuant to this section may not be admitted into evidence in any
criminal or delinquency proceeding against the minor. Nothing in this
subdivision shall prohibit identical evidence from being admissible
in a criminal proceeding if that evidence is derived solely from
lawful means other than this section and is permitted by law.
   (e) (1) Notwithstanding Section 56.104, if a provider of health
care determines that the disclosure of medical information concerning
the diagnosis and treatment of a mental health condition of a minor
is reasonably necessary for the purpose of assisting in coordinating
the treatment and care of the minor, that information may be
disclosed to a county social worker, probation officer, or any other
person who is legally authorized to have custody or care of the
minor. The information shall not be further disclosed by the
recipient unless the disclosure is for the purpose of coordinating
mental health services and treatment of the minor and the disclosure
is authorized by law.
   (2) As used in this subdivision, "medical information" does not
include psychotherapy notes as defined in Section 164.501 of Title 45
of the Code of Federal Regulations.
   (f) The disclosure of information pursuant to this section is not
intended to limit the disclosure of information when that disclosure
is otherwise required by law.
   (g) For purposes of this section, "minor" means a minor taken into
temporary custody or as to who a petition has been filed with the
court, or who has been adjudged to be a dependent child or ward of
the juvenile court pursuant to Section 300 or 602 of the Welfare and
Institutions Code.
   (h) (1) Except as described in paragraph (1) of subdivision (e),
nothing in this section shall be construed to limit or otherwise
affect existing privacy protections provided for in state or federal
law.
   (2) Nothing in this section shall be construed to expand the
authority of a social worker, probation officer, or custodial
caregiver beyond the authority provided under existing law to a
parent or a patient representative regarding access to medical
information.
  SEC. 2.  Section 3130 of the Family Code is amended to read:
   3130.  If a petition to determine custody of a child has been
filed in a court of competent jurisdiction, or if a temporary order
pending determination of custody has been entered in accordance with
Chapter 3 (commencing with Section 3060), and the whereabouts of a
party in possession of the child are not known, or there is reason to
believe that the party may not appear in the proceedings although
ordered to appear personally with the child pursuant to Section 3430,
the district attorney shall take all actions necessary to locate the
party and the child and to procure compliance with the order to
appear with the child for purposes of adjudication of custody. The
petition to determine custody may be filed by the district attorney.
  SEC. 3.  Section 3425 of the Family Code is amended to read:
   3425.  (a) Before a child custody determination is made under this
part, notice and an opportunity to be heard in accordance with the
standards of Section 3408 must be given to all persons entitled to
notice under the law of this state as in child custody proceedings
between residents of this state, any parent whose parental rights
have not been previously terminated, and any person having physical
custody of the child.
   (b) This part does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
   (c) The obligation to join a party and the right to intervene as a
party in a child custody proceeding under this part are governed by
the law of this state as in child custody proceedings between
residents of this state.
  SEC. 4.  Section 3448 of the Family Code is amended to read:
   3448.  (a) A petition under this chapter must be verified.
Certified copies of all orders sought to be enforced and of any order
confirming registration must be attached to the petition. A copy of
a certified copy of an order may be attached instead of the original.

   (b) A petition for enforcement of a child custody determination
must state all of the following:
   (1) Whether the court that issued the determination identified the
jurisdictional basis it relied upon in exercising jurisdiction and,
if so, what the basis was.
   (2) Whether the determination for which enforcement is sought has
been vacated, stayed, or modified by a court whose decision must be
enforced under this part and, if so, identify the court, the case
number, and the nature of the proceeding.
   (3) Whether any proceeding has been commenced that could affect
the current proceeding, including proceedings relating to domestic
violence, protective orders, termination of parental rights, and
adoptions and, if so, identify the court, the case number, and the
nature of the proceeding.
   (4) The present physical address of the child and the respondent,
if known.
   (5) Whether relief in addition to the immediate physical custody
of the child and attorney's fees is sought, including a request for
assistance from law enforcement officials and, if so, the relief
sought.
   (6) If the child custody determination has been registered and
confirmed under Section 3445, the date and place of registration.
   (c) Upon the filing of a petition, the court shall issue an order
directing the respondent to appear in person with or without the
child at a hearing and may enter any order necessary to ensure the
safety of the parties and the child. The hearing must be held on the
next judicial day after service of the order unless that date is
impossible. In that event, the court shall hold the hearing on the
first judicial day possible. The court may extend the date of hearing
at the request of the petitioner.
   (d) An order issued under subdivision (c) must state the time and
place of the hearing and advise the respondent that, at the hearing,
the court will order that the petitioner may take immediate physical
custody of the child and the payment of fees, costs, and expenses
under Section 3452, and may schedule a hearing to determine whether
further relief is appropriate, unless the respondent appears and
establishes either of the following:
   (1) That the child custody determination has not been registered
and confirmed under Section 3445 and all of the following are true:
   (A) The issuing court did not have jurisdiction under Chapter 2
(commencing with Section 3421).
   (B) The child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court having
jurisdiction to do so under Chapter 2 (commencing with Section 3421).

   (C) The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 3408, in the
proceedings before the court that issued the order for which
enforcement is sought.
   (2) That the child custody determination for which enforcement is
sought was registered and confirmed under Section 3445, but has been
vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Chapter 2 (commencing with Section 3421).

  SEC. 5.  Section 1031 of the Government Code is amended to read:
   1031.  Each class of public officers or employees declared by law
to be peace officers shall meet all of the following minimum
standards:
   (a) Be a citizen of the United States or a permanent resident
alien who is eligible for and has applied for citizenship, except as
provided in Section 2267 of the Vehicle Code.
   (b) Be at least 18 years of age.
   (c) Be fingerprinted for purposes of search of local, state, and
national fingerprint files to disclose a criminal record.
   (d) Be of good moral character, as determined by a thorough
background investigation.
   (e) Be a high school graduate, pass the General Education
Development Test indicating high school graduation level, pass the
California High School Proficiency Examination, or have attained a
two-year, four-year, or advanced degree from an accredited college or
university. The high school shall be either a United States public
school, an accredited United States Department of Defense high
school, or an accredited or approved public or nonpublic high school.
Any accreditation or approval required by this paragraph shall be
from a state or local government educational agency using local or
state government approved accreditation, licensing, registration, or
other approval standards, a regional accrediting association, an
accrediting association recognized by the Secretary of the United
States Department of Education, an accrediting association holding
full membership in the National Council for Private School
Accreditation (NCPSA), an organization holding full membership in the
Commission on International and Trans-Regional Accreditation (CITA),
an organization holding full membership in the Council for American
Private Education (CAPE), or an accrediting association recognized by
the National Federation of Nonpublic School State Accrediting
Associations (NFNSSAA).
   (f) Be found to be free from any physical, emotional, or mental
condition that might adversely affect the exercise of the powers of a
peace officer.
   (1) Physical condition shall be evaluated by a licensed physician
and surgeon.
   (2) Emotional and mental condition shall be evaluated by either of
the following:
   (A) A physician and surgeon who holds a valid California license
to practice medicine, has successfully completed a postgraduate
medical residency education program in psychiatry accredited by the
Accreditation Council for Graduate Medical Education, and has at
least the equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued after completion of
the psychiatric residency program.
   (B) A psychologist licensed by the California Board of Psychology
who has at least the equivalent of five full-time years of experience
in the diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
   The physician and surgeon or psychologist shall also have met any
applicable education and training procedures set forth by the
California Commission on Peace Officer Standards and Training
designed for the conduct of preemployment psychological screening of
peace officers.
   (g) This section shall not be construed to preclude the adoption
of additional or higher standards, including age.
   (h) This section shall become operative on January 1, 2005.
   SEC. 6.  Section 15029 of the Government Code is amended to read:
   15029.  (a) The Crack Down Task Force Program is hereby created
within the Department of Justice with responsibility for
establishing, conducting, supporting, and coordinating crack down
task forces composed of state and local law enforcement agencies
targeting the investigation and apprehension of the Colombian
cartel-street gang cocaine networks.
   (b) The department shall coordinate all investigations undertaken
by task forces operating under the Crack Down Task Force Program with
all local agencies having law enforcement responsibilities within
the jurisdictions involved. The department shall also solicit
participation by appropriate federal agencies with task force
investigations whenever possible.
   The department's Bureau of Narcotic Enforcement, Bureau of
Forensic Services, and Bureau of Investigations shall provide
staffing and logistical support for the crackdown task forces,
supplying special agents, criminal intelligence analysts, forensic
experts, financial auditors, equipment, and funding to the task
forces as needed.
   (c) Local law enforcement agencies participating in the Crack Down
Task Force Program shall be reimbursed by the department for
personnel overtime costs and equipment or supplies required for task
force activities.
   SEC. 7.  Section 11648 of the Health and Safety Code is repealed.
   SEC. 8.  Section 227 of the Labor Code is amended to read:
   227.  Whenever an employer has agreed with any employee to make
payments to a health or welfare fund, pension fund or vacation plan,
or other similar plan for the benefit of the employees, or a
negotiated industrial promotion fund, or has entered into a
collective bargaining agreement providing for these payments, it
shall be unlawful for that employer willfully or with intent to
defraud to fail to make the payments required by the terms of that
agreement. A violation of any provision of this section where the
amount the employer failed to pay into the fund or funds exceeds five
hundred dollars ($500) shall be punishable by imprisonment in the
state prison, or in a county jail for a period of not more than one
year, by a fine of not more than one thousand dollars ($1,000), or by
both that imprisonment and fine. All other violations shall be
punishable as a misdemeanor.
   SEC. 9.  Section 290.3 of the Penal Code is amended to read:
   290.3.  (a) Every person who is convicted of any offense specified
in subdivision (c) of Section 290 shall, in addition to any
imprisonment or fine, or both, imposed for commission of the
underlying offense, be punished by a fine of three hundred dollars
($300) upon the first conviction or a fine of five hundred dollars
($500) upon the second and each subsequent conviction, unless the
court determines that the defendant does not have the ability to pay
the fine.
   An amount equal to all fines collected pursuant to this
subdivision during the preceding month upon conviction of, or upon
the forfeiture of bail by, any person arrested for, or convicted of,
committing an offense specified in subdivision (c) of Section 290,
shall be transferred once a month by the county treasurer to the
Controller for deposit in the General Fund. Moneys deposited in the
General Fund pursuant to this subdivision shall be transferred by the
Controller as provided in subdivision (b).
   (b) Except as provided in subdivision (d), out of the moneys
deposited pursuant to subdivision (a) as a result of second and
subsequent convictions of Section 290, one-third shall first be
transferred to the Department of Justice Sexual Habitual Offender
Fund, as provided in paragraph (1) of this subdivision. Out of the
remainder of all moneys deposited pursuant to subdivision (a), 50
percent shall be transferred to the Department of Justice Sexual
Habitual Offender Fund, as provided in paragraph (1), 25 percent
shall be transferred to the DNA Identification Fund, as established
by Section 76104.6 of the Government Code, and 25 percent shall be
allocated equally to counties that maintain a local DNA testing
laboratory, as provided in paragraph (2).
   (1) Those moneys so designated shall be transferred to the
Department of Justice Sexual Habitual Offender Fund created pursuant
to paragraph (5) of subdivision (b) of Section 11170 and, when
appropriated by the Legislature, shall be used for the purposes of
Chapter 9.5 (commencing with Section 13885) and Chapter 10
(commencing with Section 13890) of Title 6 of Part 4 for the purpose
of monitoring, apprehending, and prosecuting sexual habitual
offenders.
   (2) Those moneys so designated shall be allocated equally and
distributed quarterly to counties that maintain a local DNA testing
laboratory. Before making any allocations under this paragraph, the
Controller shall deduct the estimated costs that will be incurred to
set up and administer the payment of these funds to the counties. Any
funds allocated to a county pursuant to this paragraph shall be used
by that county for the exclusive purpose of testing DNA samples for
law enforcement purposes.
   (c) Notwithstanding any other provision of this section, the
Department of Corrections and Rehabilitation may collect a fine
imposed pursuant to this section from a person convicted of a
violation of any offense listed in subdivision (c) of Section 290,
that results in incarceration in a facility under the jurisdiction of
the Department of Corrections and Rehabilitation. All moneys
collected by the Department of Corrections and Rehabilitation under
this subdivision shall be transferred, once a month, to the
Controller for deposit in the General Fund, as provided in
subdivision (a), for transfer by the Controller, as provided in
subdivision (b).
   (d)  An amount equal to one-third of every first conviction fine
collected and one-fifth of every second conviction fine collected
pursuant to subdivision (a) shall be transferred to the Department of
Corrections and Rehabilitation to help defray the cost of the global
positioning system used to monitor sex offender parolees.
   SEC. 10.  Section 538d of the Penal Code is amended to read:
   538d.  (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
   (b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
   (2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
   (c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).
   (d) (1) Vendors of law enforcement uniforms shall verify that a
person purchasing a uniform identifying a law enforcement agency is
an employee of the agency identified on the uniform. Presentation and
examination of a valid identification card with a picture of the
person purchasing the uniform and identification, on the letterhead
of the law enforcement agency, of the person buying the uniform as an
employee of the agency identified on the uniform shall be sufficient
verification.
   (2) Any uniform vendor who sells a uniform identifying a law
enforcement agency, without verifying that the purchaser is an
employee of the agency, is guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000).
   (3) This subdivision shall not apply if the uniform is to be used
solely as a prop for a motion picture, television, video production,
or a theatrical event, and prior written permission has been obtained
from the identified law enforcement agency.
   SEC. 11.  Section 830.2 of the Penal Code is amended to read:
   830.2.  The following persons are peace officers whose authority
extends to any place in the state:
   (a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
   (b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
   (c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
   (d) (1) Any member of the Office of Correctional Safety of the
Department of Corrections and Rehabilitation, provided that the
primary duties of the peace officer shall be the investigation or
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, the investigation of any violation of criminal law
discovered while performing the usual and authorized duties of
employment, and the coordination of those activities with other
criminal justice agencies.
   (2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
   (e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
   (f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
   (g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
   (h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
   (i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
   (j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General In Charge, the Senior Deputy Inspector
General, the Deputy Inspector General, and those employees of the
Inspector General as designated by the Inspector General, are peace
officers, provided that the primary duty of these peace officers
shall be conducting audits of investigatory practices and other
audits, as well as conducting investigations, of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice and the
Board of Parole Hearings.
   SEC. 12.  Section 1126 of the Penal Code is amended to read:
   1126.  In a trial for any offense, questions of law are to be
decided by the court, and questions of fact by the jury. Although the
jury has the power to find a general verdict, which includes
questions of law as well as of fact, they are bound, nevertheless, to
receive as law what is laid down as such by the court.
                                                               SEC.
13.  Section 1170.11 of the Penal Code is amended to read:
   1170.11.  As used in Section 1170.1, the term "specific
enhancement" means an enhancement that relates to the circumstances
of the crime. It includes, but is not limited to, the enhancements
provided in Sections 186.10, 186.11, 186.22, 186.26, 186.33, 192.5,
273.4, 289.5, 290.4, 290.45, 290.46, 347, and 368, subdivisions (a)
and (b) of Section 422.75, paragraphs (2), (3), (4), and (5) of
subdivision (a) of Section 451.1, paragraphs (2), (3), and (4) of
subdivision (a) of Section 452.1, subdivision (g) of Section 550,
Sections 593a, 600, 667.8, 667.85, 667.9, 667.10, 667.15, 667.16,
667.17, 674, 675, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5,
12022.53, 12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.85,
12022.9, 12022.95, 12072, and 12280 of this code, and in Sections
1522.01 and 11353.1, subdivision (b) of Section 11353.4, Sections
11353.6, 11356.5, 11370.4, 11379.7, 11379.8, 11379.9, 11380.1,
11380.7, 25189.5, and 25189.7 of the Health and Safety Code, and in
Sections 20001 and 23558 of the Vehicle Code, and in Sections 10980
and 14107 of the Welfare and Institutions Code.
   SEC. 14.  Section 1298 of the Penal Code is amended to read:
   1298.  In lieu of a deposit of money, the defendant or any other
person may deposit bonds of the United States or of the State of
California of the face value of the cash deposit required, and these
bonds shall be treated in the same manner as a deposit of money or
the defendant or any other person may give as security any equity in
real property which he or she owns, provided that no charge is made
to the defendant or any other person for the giving as security of
any equity in real property. A hearing, at which witnesses may be
called or examined, shall be held before the magistrate to determine
the value of the equity and if the magistrate finds that the value of
the equity is equal to twice the amount of the cash deposit required
he or she shall allow the bail. The clerk shall, under order of the
court, when occasion arises therefor, sell the bonds or the equity
and apply the proceeds of the sale in the manner that a deposit of
cash may be required to be applied.
   SEC. 15.  Section 11102.1 of the Penal Code is amended to read:
   11102.1.  (a) (1) Notwithstanding any other law, the Department of
Justice shall establish, implement, and maintain a certification
program to process fingerprint-based criminal background clearances
on individuals who roll fingerprint impressions, manually or
electronically, for non-law-enforcement purposes. Except as provided
in paragraph (2), no person shall roll fingerprints for
non-law-enforcement purposes unless certified.
   (2) The following persons shall be exempt from this section if
they have received training pertaining to applicant fingerprint
rolling and have undergone a criminal offender record information
background investigation:
   (A) Law enforcement personnel and state employees.
   (B) Employees of a tribal gaming agency or a tribal gaming
operation, provided that the fingerprints are rolled and submitted to
the Department of Justice for purposes of compliance with a
tribal-state compact.
   (3) The department shall not accept fingerprint impressions for
non-law-enforcement purposes unless they were rolled by an individual
certified or exempted pursuant to this section.
   (b) Individuals who roll fingerprint impressions, either manually
or electronically, for non-law-enforcement purposes, must submit to
the Department of Justice fingerprint images and related information,
along with the appropriate fees and documentation. The department
shall retain one copy of the fingerprint impressions to process a
state level criminal background clearance, and it shall submit one
copy of the fingerprint impressions to the Federal Bureau of
Investigation to process a federal level criminal background
clearance.
   (c) The department shall retain the fingerprint impressions for
subsequent arrest notification pursuant to Section 11105.2.
   (d) Every individual certified as a fingerprint roller shall meet
the following criteria:
   (1) Be a legal resident of this state at the time of
certification.
   (2) Be at least 18 years of age.
   (3) Have satisfactorily completed a notarized written application
prescribed by the department to determine the fitness of the person
to exercise the functions of a fingerprint roller.
   (e) Prior to granting a certificate as a fingerprint roller, the
department shall determine that the applicant possesses the required
honesty, credibility, truthfulness, and integrity to fulfill the
responsibilities of the position.
   (f) (1) The department shall refuse to certify any individual as a
fingerprint roller, and shall revoke the certification of any
fingerprint roller, upon either of the following:
   (A) Conviction of a felony offense.
   (B) Conviction of any other offense that both involves moral
turpitude, dishonesty, or fraud, and bears on the applicant's ability
to perform the duties or responsibilities of a fingerprint roller.
   (2) A conviction after a plea of nolo contendere is deemed to be a
conviction for purposes of this subdivision.
   (g) In addition to subdivision (f), the department may refuse to
certify any individual as a fingerprint roller, and may revoke or
suspend the certification of any fingerprint roller upon any of the
following:
   (1) Substantial and material misstatement or omission in the
application submitted to the department.
   (2) Arrest pending adjudication for a felony.
   (3) Arrest pending adjudication for a lesser offense that both
involves moral turpitude, dishonesty, or fraud, and bears on the
applicant's ability to perform the duties or responsibilities of a
fingerprint roller.
   (4) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct, dishonesty, or for any cause substantially
related to the duties or responsibilities of a fingerprint roller.
   (5) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a fingerprint roller.
   (6) When adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties of a fingerprint roller.
   (7) Use of false or misleading advertising in which the
fingerprint roller has represented that he or she has duties, rights,
or privileges that he or she does not possess by law.
   (8) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the fingerprint roller or
another, or to substantially injure another.
   (9) Failure to submit any remittance payable upon demand by the
department or failure to satisfy any court ordered money judgment,
including restitution.
   (h) The Department of Justice shall work with applicant regulatory
entities to improve and make more efficient the criminal offender
record information request process related to employment, licensing,
and certification background investigations.
   (i) The Department of Justice may adopt regulations as necessary
to implement the provisions of this section.
   (j) The department shall charge a fee sufficient to cover its
costs under this section.
   SEC. 16.  Section 11112.5 of the Penal Code is amended to read:
   11112.5.  (a) Costs for equipment purchases based upon the master
plan approved by the Attorney General, including state sales tax,
freight, insurance, and installation, shall be prorated between the
state and local governmental entity. The state's share shall be 70
percent. The local government's share shall be 30 percent, paid in
legal tender. Purchases may be made under the existing Cal-ID
contract through the Department of General Services.
   (b) Alternatively, at the discretion of the local board, an
independent competitive procurement may be initiated under the
following conditions:
   (1) Prior to submitting a bid in an independent procurement, any
prospective bidder must demonstrate the ability to meet or exceed
performance levels established in the existing Cal-ID contract and
demonstrate the ability to interface with Cal-ID and meet or exceed
performance levels established in the existing Cal-ID contract
without degrading the performance of the Cal-ID system.
   (2) Both qualifying benchmarks will be at the prospective bidder's
expense and will be conducted by the Department of Justice.
   (3) In the event that no vendor other than the existing contract
vendor qualifies to bid, purchases shall be made by the Department of
General Services on behalf of local agencies pursuant to the
existing Cal-ID contract.
   (c) Competitive local procurements must adhere to the following
guidelines:
   (1) Administrative requirements contained within Section 5200 of
the State Administrative Manual shall be met.
   (2) Local procurements shall not increase the costs the state
would otherwise be obligated to pay.
   (3) Final bids submitted in an independent procurement shall
contain a signed contract that represents an irrevocable offer that
does not materially deviate from the terms and conditions of the
existing Cal-ID contract.
   (4) The selected vendor shall post a performance bond in an amount
equal to 25 percent of the local equipment costs. The bond shall
remain in effect until the local acceptance test has been
successfully completed.
   (5) Requests for tender, including contract language, shall be
approved by the Department of General Services prior to release. The
Department of General Services and the Department of Justice shall be
represented on the evaluation and selection team.
   (d) The local government agency shall be responsible for all costs
related to conducting a local bid, site preparation, equipment
maintenance, ongoing operational costs, file conversion over and
above those records that are available on magnetic media from the
Department of Justice, and equipment enhancements or systems design
which exceed the basic design specifications of the Department of
Justice. The state shall provide sufficient circuitry to each county,
or group of counties to handle all fingerprint data traffic. The
state shall provide for annual maintenance of that line.
   SEC. 17.  Section 11167.5 of the Penal Code is amended to read:
   11167.5.  (a) The reports required by Sections 11166 and 11166.2,
or authorized by Section 11166.05, and child abuse or neglect
investigative reports that result in a summary report being filed
with the Department of Justice pursuant to subdivision (a) of Section
11169 shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
   (b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
   (1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
   (2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170 or subdivision (a)
of Section 11170.5.
   (3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
   (4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
   (5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.
   (6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (4) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
   (7) Hospital scan teams. As used in this paragraph, "hospital scan
team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
   (8) Coroners and medical examiners when conducting a post mortem
examination of a child.
   (9) The Board of Parole Hearings, which may subpoena an employee
of a county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
   (10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
   (11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to paragraph (7)
of subdivision (b) of Section 11170 or subdivision (c) of Section
11170, or persons who have verified with the Department of Justice
that they are listed in the Child Abuse Central Index as provided in
subdivision (f) of Section 11170. Disclosure under this paragraph is
required notwithstanding the California Public Records Act, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
   (12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, or as designated by the Department of
Justice, identifying the suspected abuser or victim by name and date
of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports is to be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the criminal penalties for unlawful disclosure provided
by the requesting state or the applicable interstate compact
provision. In the absence of both (A) a specific out-of-state statute
or interstate compact provision that requires that the information
contained within these reports be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
(B) criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied.
   (13) Out-of-state agencies responsible for approving prospective
foster or adoptive parents or relative caregivers for placement of a
child only when the agency makes the request for information in
writing on official letterhead, transmitted by mail, fax, or
electronic transmission, or as designated by the Department of
Justice. The request shall identify the prospective foster or
adoptive parent or relative caregiver, and any other adult living in
the home, by name and date of birth or approximate age. The request
shall be signed by the department supervisor of the requesting
agency. The request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained in
the reports shall be disclosed and used for no purpose other than
conducting background checks in foster or adoptive cases. The request
shall also cite the criminal penalties for unlawful disclosure
provided by the requesting state or the applicable interstate compact
provision. In the absence of an out-of-state statute or interstate
compact provision that requires that the information contained within
the reports be disclosed and used for no purpose other than
conducting background checks in foster or adoptive cases, and
criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied.
   (14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
   (c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision is
protected by subdivision (e).
   (d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11170 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
   (e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.
   SEC. 18.  Section 12020 of the Penal Code is amended to read:
   12020.  (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one
year or in the state prison:
   (1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
   (2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
   (3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
   (4) Carries concealed upon his or her person any dirk or dagger.
   However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1). A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
   (b) Subdivision (a) does not apply to any of the following:
   (1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, the Department of Corrections and
Rehabilitation, or the military or naval forces of this state or of
the United States for use in the discharge of their official duties
or the possession of short-barreled shotguns and short-barreled
rifles by peace officer members of a police department, sheriff's
office, marshal's office, the California Highway Patrol, the
Department of Justice, or the Department of Corrections and
Rehabilitation, when on duty and the use is authorized by the agency
and is within the course and scope of their duties and the peace
officer has completed a training course in the use of these weapons
certified by the Commission on Peace Officer Standards and Training.
   (2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) and not in violation of federal law.
   (3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
   (4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
   (5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
   (6) Tracer ammunition manufactured for use in shotguns.
   (7) Any firearm or ammunition that is a curio or relic as defined
in Section 478.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the items
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
Any person prohibited by Section 12021, 12021.1, or 12101 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code
from possessing firearms or ammunition who obtains title to these
items by bequest or intestate succession may retain title for not
more than one year, but actual possession of these items at any time
is punishable pursuant to Section 12021, 12021.1, or 12101 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code.
Within the year, the person shall transfer title to the firearms or
ammunition by sale, gift, or other disposition. Any person who
violates this paragraph is in violation of subdivision (a).
   (8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto. Any person prohibited by Section
12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code from possessing these weapons who
obtains title to these weapons by bequest or intestate succession may
retain title for not more than one year, but actual possession of
these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code. Within the year, the person shall transfer
title to the weapons by sale, gift, or other disposition. Any person
who violates this paragraph is in violation of subdivision (a). The
exemption provided in this subdivision does not apply to pen guns.
   (9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
   (10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
   (11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
   (12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law for use in the discharge of their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
   (13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
   (14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police                                                officers or
uniformed security guards authorized to carry any wooden club or
baton pursuant to Section 12002 by entities that are in the business
of selling wooden batons or clubs to special police officers and
uniformed security guards when engaging in transactions with those
persons.
   (15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
   (16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
   (C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
   (17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
   (C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
   (D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
   (E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
   (18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
   (19) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
   (20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large-capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
   (21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
   (22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
   (A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
   (B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
   (23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
   (24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
   (25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
   (26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit to
engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
   (27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
   (28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
   (29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
   (30) (A) The manufacture of a large-capacity magazine for any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
   (B) The manufacture of a large-capacity magazine for use by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
   (C) The manufacture of a large-capacity magazine for export or for
sale to government agencies or the military pursuant to applicable
federal regulations.
   (31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
   (32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following purposes:
   (A) For use solely as a prop for a motion picture, television, or
video production.
   (B) For export pursuant to federal regulations.
   (C) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
   (c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
   (A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
   (B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
   (C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
   (D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
   (2) As used in this section, a "short-barreled rifle" means any of
the following:
   (A) A rifle having a barrel or barrels of less than 16 inches in
length.
   (B) A rifle with an overall length of less than 26 inches.
   (C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
   (D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
   (3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
   (4) As used in this section, a "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
   (5) As used in this section, a "cane gun" means any firearm
mounted or enclosed in a stick, staff, rod, crutch, or similar
device, designed to be, or capable of being used as, an aid in
walking, if the firearm may be fired while mounted or enclosed
therein.
   (6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, that measures approximately
one inch in length, with tail fins that take up approximately
five-sixteenths of an inch of the body.
   (7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
   (8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does not
include any device which propels an arrow or a bolt by means of any
common bow, compound bow, crossbow, or underwater speargun.
   (9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
   (A) It is designed and intended to enclose a firearm.
   (B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
   (C) It is not readily recognizable as containing a firearm.
   "Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
   (10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
   (A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
   (D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
   (11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
   (12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
   (13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
   (14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
   (15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
   (16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
   (17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
   (18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
   (19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
   (20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.

   (21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
   (22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
   (A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
   (B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
   (C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
   All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
   (23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
   (A)  A device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or
more shots in a burst by activating the device.
   (B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
   (24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
   (25) As used in this section, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
   (A) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
   (B) A .22 caliber tube ammunition feeding device.
   (C) A tubular magazine that is contained in a lever-action
firearm.
   (d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
   SEC. 19.  Section 12076 of the Penal Code is amended to read:
   12076.  (a) (1) Before January 1, 1998, the Department of Justice
shall determine the method by which a dealer shall submit firearm
purchaser information to the department and the information shall be
in one of the following formats:
   (A) Submission of the register described in Section 12077.
   (B) Electronic or telephonic transfer of the information contained
in the register described in Section 12077.
   (2) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
   (3) On or after January 1, 2003, except as permitted by the
department, electronic transfer shall be the exclusive means by which
information is transmitted to the department. Telephonic transfer
shall not be permitted for information regarding sales of any
firearms.
   (b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current legal name and
affix his or her residence address and date of birth to the register
in quadruplicate. The salesperson shall affix his or her signature to
the register in quadruplicate as a witness to the signature and
identification of the purchaser. Any person furnishing a fictitious
name or address or knowingly furnishing any incorrect information or
knowingly omitting any information required to be provided for the
register and any person violating any provision of this section is
guilty of a misdemeanor, provided however, that any person who is
prohibited from obtaining a firearm pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code who knowingly furnishes a fictitious name or
address or knowingly furnishes any incorrect information or knowingly
omits any information required to be provided for the register shall
be punished by imprisonment in a county jail not exceeding one year
or imprisonment in the state prison for a term of 8, 12, or 18
months.
   (2) The original of the register shall be retained by the dealer
in consecutive order. Each book of 50 originals shall become the
permanent register of transactions that shall be retained for not
less than three years from the date of the last transaction and shall
be available for the inspection of any peace officer, Department of
Justice employee designated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, Firearms, and Explosives upon the
presentation of proper identification, but no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person.
   (3) Two copies of the original sheet of the register, on the date
of the application to purchase, shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
   (4) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
   (5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a photocopy of the original shall be
provided to the seller or purchaser by the dealer, upon request. The
dealer shall redact all of the purchaser's personal information, as
required pursuant to paragraph (1) of subdivision (b) and paragraph
(1) of subdivision (c) of Section 12077, from the seller's copy, and
the seller's personal information from the purchaser's copy.
   (c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071, to the dealer, and the dealer shall require him or her to sign
his or her current legal name to the record of electronic or
telephonic transfer. The salesperson shall affix his or her signature
to the record of electronic or telephonic transfer as a witness to
the signature and identification of the purchaser. Any person
furnishing a fictitious name or address or knowingly furnishing any
incorrect information or knowingly omitting any information required
to be provided for the electronic or telephonic transfer and any
person violating any provision of this section is guilty of a
misdemeanor, provided however, that any person who is prohibited from
obtaining a firearm pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code
who knowingly furnishes a fictitious name or address or knowingly
furnishes any incorrect information or knowingly omits any
information required to be provided for the register shall be
punished by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for a term of 8, 12, or 18 months.
   (2) The record of applicant information shall be transmitted to
the Department of Justice by electronic or telephonic transfer on the
date of the application to purchase.
   (3) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order. Each
original shall become the permanent record of the transaction that
shall be retained for not less than three years from the date of the
last transaction and shall be provided for the inspection of any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms, and Explosives upon the presentation of proper
identification, but no information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
   (4) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
   (5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a copy shall be provided to the seller or
purchaser by the dealer, upon request. The dealer shall redact all of
the purchaser's personal information, as required pursuant to
paragraph (1) of subdivision (b) and paragraph (1) of subdivision (c)
of Section 12077, from the seller's copy, and the seller's personal
information from the purchaser's copy.
   (d) (1) The department shall examine its records, as well as those
records that it is authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
   (2) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
   (3) If the department determines that the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of paragraph
(9) of subdivision (a) of Section 12072 of this code or Section 8100
or 8103 of the Welfare and Institutions Code, it shall immediately
notify the dealer and the chief of the police department of the city
or city and county in which the sale was made, or if the sale was
made in a district in which there is no municipal police department,
the sheriff of the county in which the sale was made, of that fact.
   (4) If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
subdivision (e) is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant
                to subdivision (e), or both, as appropriate and, if
notification by the department is received by the dealer at any time
prior to delivery of the firearm to be purchased, the dealer shall
withhold delivery until the conclusion of the waiting period
described in Sections 12071 and 12072.
   (5) If the department determines that the information transmitted
to it pursuant to subdivision (c) contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to
subdivision (e) is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to subdivision (e), or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 12071 and 12072.
   (e) The Department of Justice may require the dealer to charge
each firearm purchaser a fee not to exceed fourteen dollars ($14),
except that the fee may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the California Department of Industrial Relations. The
fee shall be no more than is necessary to fund the following:
   (1) (A) The department for the cost of furnishing this
information.
   (B) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
   (2) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
   (3) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
   (4) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
   (5) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
   (6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
   (7) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
   (8) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
   (9) The department for the costs associated with subparagraph (D)
of paragraph (2) of subdivision (f) of Section 12072.
   (10) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, loan, or transfer of
firearms pursuant to this chapter.
   The fee established pursuant to this subdivision shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (2) of
this subdivision, the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (3) of this
subdivision, the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (4) of this subdivision,
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (6) of
this subdivision, the estimated reasonable costs of the Department
of Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subparagraph (D) of paragraph (2) of subdivision (f)
of Section 12072, and the estimated reasonable costs of department
firearms-related regulatory and enforcement activities related to the
sale, purchase, loan, or transfer of firearms pursuant to this
chapter.
   (f) (1) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the California Department of Industrial
Relations:
   (A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078.
   (B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
   (C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision ()
of Section 12078 or paragraph (18) of subdivision (b) of Section
12071, or clause (i) of subparagraph (A) of paragraph (2) of
subdivision (f) of Section 12072, or paragraph (3) of subdivision (f)
of Section 12072.
   (D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
   (2) If the department charges a fee pursuant to subparagraph (B)
of paragraph (1) of this subdivision, it shall be charged in the same
amount to all categories of transaction that are within that
subparagraph.
   (3) Any costs incurred by the Department of Justice to implement
this subdivision shall be reimbursed from fees collected and charged
pursuant to this subdivision. No fees shall be charged to the dealer
pursuant to subdivision (e) for implementing this subdivision.
   (g) All money received by the department pursuant to this section
shall be deposited in the Dealers' Record of Sale Special Account of
the General Fund, which is hereby created, to be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred pursuant to this section, paragraph (1)
and subparagraph (D) of paragraph (2) of subdivision (f) of Section
12072, Sections 12083 and 12099, subdivision (c) of Section 12131,
Sections 12234, 12289, and 12289.5, and subdivisions (f) and (g) of
Section 12305.
   (h) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in subdivision (e) to
the department.
   (i) (1) Only one fee shall be charged pursuant to this section for
a single transaction on the same date for the sale of any number of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person or for the taking of possession of
those firearms.
   (2) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this section for the second and
subsequent firearms that are part of that transaction.
   (j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of subdivision (b)
of Section 12071 or subdivision (c) or (i) of Section 12078.
   (k) Whenever the Department of Justice acts pursuant to this
section as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
   () As used in this section, the following definitions apply:
   (1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
   (2) "Purchase" means the purchase, loan, or transfer of a firearm.

   (3) "Sale" means the sale, loan, or transfer of a firearm.
   (4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.
   SEC. 20.  Section 12082 of the Penal Code is amended to read:
   12082.  (a) A person shall complete any sale, loan, or transfer of
a firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision (d)
of Section 12072. The seller or transferor or the person loaning the
firearm shall deliver the firearm to the dealer who shall retain
possession of that firearm. The dealer shall then deliver the firearm
to the purchaser or transferee or the person being loaned the
firearm, if it is not prohibited, in accordance with subdivision (c)
of Section 12072. If the dealer cannot legally deliver the firearm to
the purchaser or transferee or the person being loaned the firearm,
the dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 12071 and 12072, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of subdivision (a) of Section 12072. If the
dealer cannot legally return the firearm to the transferor or seller
or the person loaning the firearm, then the dealer shall forthwith
deliver the firearm to the sheriff of the county or the chief of
police or other head of a municipal police department of any city or
city and county who shall then dispose of the firearm in the manner
provided by Sections 12028 and 12032. The purchaser or transferee or
person being loaned the firearm may be required by the dealer to pay
a fee not to exceed ten dollars ($10) per firearm, and no other fee
may be charged by the dealer for a sale, loan, or transfer of a
firearm conducted pursuant to this section, except for the applicable
fees that may be charged pursuant to Sections 12076, 12076.5, and
12088.9 and forwarded to the Department of Justice, and the fees set
forth in Section 12805. Nothing in these provisions shall prevent a
dealer from charging a smaller fee. The dealer may not charge any
additional fees.
   (b) The Attorney General shall adopt regulations under this
section to do all of the following:
   (1) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to comply with the
requirements of this section and Sections 12071, 12072, 12076, and
12077 and to preserve the confidentiality of those records.
   (2) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (f) of Section 12072, to allow a
personal handgun importer's ownership of the pistol, revolver, or
other firearm capable of being concealed upon the person being sold
or transferred to be recorded in a manner that if the firearm is
returned to that personal handgun importer because the sale or
transfer cannot be completed, the Department of Justice will have
sufficient information about that personal handgun importer so that a
record of his or her ownership can be maintained in the registry
provided by subdivision (c) of Section 11106.
   (3) Ensure that the register or record of electronic transfer
shall state the name and address of the seller or transferor of the
firearm or the person loaning the firearm and whether or not the
person is a personal handgun importer in addition to any other
information required by Section 12077.
   (c) Notwithstanding any other provision of law, a dealer who does
not sell, transfer, or keep an inventory of handguns is not required
to process private party transfers of handguns.
   (d) A violation of this section by a dealer is a misdemeanor.
   SEC. 21.  Section 12091 of the Penal Code is repealed.
   SEC. 22.  Section 13825.3 of the Penal Code is amended to read:
   13825.3.  All funds made available to the Department of Justice
for purposes of this chapter shall be disbursed in accordance with
this chapter to community-based organizations and nonprofit agencies
that comply with the program requirements of Section 13825.4 and the
funding criteria of Section 13825.5 of this chapter.
   (a) Funds disbursed under this chapter may enhance, but shall not
supplant local, state, or federal funds that would, in the absence of
the California Gang, Crime, and Violence Prevention Partnership
Program, be made available for the prevention or intervention of
youth involvement in gangs, crime, or violence.
   (b) The applicant community-based organization or nonprofit agency
may enter into interagency agreements between it and a fiscal agent
that will allow the fiscal agent to manage the funds awarded to the
community-based organization or nonprofit agency.
   (c) Before April 15, 1998, the department shall prepare and file
administrative guidelines and procedures for the California Gang,
Crime, and Violence Prevention Partnership Program consistent with
this chapter.
   (d) Before July 1, 1998, the department shall issue a "request for
funding proposal" that informs applicants of the purposes and
availability of funds to be awarded under this chapter and solicits
proposals from community-based organizations and nonprofit agencies
to provide services consistent with this chapter.
   (e) The department shall conduct an evaluation of the California
Gang, Crime, and Violence Prevention Partnership Program after two
years of program operation and each year thereafter, for purposes of
identifying the effectiveness and results of the program. The
evaluation shall be conducted by staff or an independent body that
has experience in evaluating programs operated by community-based
organizations or nonprofit agencies.
   (f) After two years of program operation, and each year
thereafter, the department shall prepare and submit an annual report
to the Legislature describing in detail the operation of the program
and the results obtained from the California Gang, Crime, and
Violence Prevention Partnership Program receiving funds under this
chapter. The report shall also list the full costs applicable to the
department for processing and reviewing applications, and for
administering the California Gang, Crime, and Violence Prevention
Partnership Program. The department shall be required to submit an
annual report to the Legislature only in years in which the
California Gang, Crime, and Violence Prevention Partnership Program
receives funds under this chapter.
   SEC. 23.  Section 14204 of the Penal Code is amended to read:
   14204.  The Attorney General shall provide training on the
services provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys' offices, the Department of Corrections and Rehabilitation,
probation departments, court mediation services, and the judiciary.
   SEC. 24.  Section 10652 of the Vehicle Code is amended to read:
   10652.  Whenever any vehicle of a type subject to registration
under this code has been stored in a garage, repair shop, parking
lot, or trailer park for 30 days, the keeper shall report such fact
to the Department of Justice by receipted mail, which shall at once
notify the legal owner as of record. This section shall not apply to
any vehicle stored by a peace officer or employee designated in
Section 22651 pursuant to Article 3 (commencing with Section 22850)
of Chapter 10 of Division 11.
   SEC. 25.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153, subdivision
(a) of Section 23109, or Section 23109.1, or upon the receipt of a
report of a judge of the juvenile court, a juvenile traffic hearing
officer, or a referee of a juvenile court showing that the person has
been found to have committed a violation of Section 23152 or 23153
or subdivision (a) of Section 23109 or Section 23109.1. If an offense
specified in this section occurs in a vehicle defined in Section
15210, the suspension or revocation specified below shall apply to
the noncommercial driving privilege. The commercial driving privilege
shall be disqualified as specified in Sections 15300 to 15302,
inclusive. For the purposes of this section, suspension or revocation
shall be as follows:
   (1) Except as required under Section 13352.1 or Section 13352.4,
upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.
   The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in subdivision (b) of Section 23542, the department
shall require that program in lieu of the program described in
subdivision (b) of Section 23538. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit may
not be given to any program activities completed prior to the date of
the current violation.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in subdivision
(b) of Section 23542, the department shall require that program in
lieu of the program described in Section 23556. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph (4) of
subdivision (b) of Section 23562. For the purposes of this
paragraph, enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that after the completion of 12 months of the revocation
period, which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
        (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
   (ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of Section 23109.1
or subdivision (a) of Section 23109 that is punishable under
subdivision (e) of that section, the privilege shall be suspended for
a period of 90 days to six months, if ordered by the court. The
privilege may not be reinstated until the person gives proof of
financial responsibility, as defined in Section 16430.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109 or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
   (c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
   (g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
   SEC. 26.  Section 40002 of the Vehicle Code is amended to read:
   40002.  (a) (1) When there is a violation of Section 40001, an
owner or any other person subject to Section 40001, who was not
driving the vehicle involved in the violation, may be mailed a
written notice to appear. An exact and legible duplicate copy of that
notice when filed with the court, in lieu of a verified complaint,
is a complaint to which the defendant may plead "guilty."
   (2) If, however, the defendant fails to appear in court or does
not deposit lawful bail, or pleads other than "guilty" of the offense
charged, a verified complaint shall be filed which shall be deemed
to be an original complaint, and thereafter proceedings shall be had
as provided by law, except that a defendant may, by an agreement in
writing, subscribed by the defendant and filed with the court, waive
the filing of a verified complaint and elect that the prosecution may
proceed upon a written notice to appear.
   (3) A verified complaint pursuant to paragraph (2) shall include a
paragraph that informs the person that unless he or she appears in
the court designated in the complaint within 21 days after being
given the complaint and answers the charge, renewal of registration
of the vehicle involved in the offense may be precluded by the
department, or a warrant of arrest may be issued against him or her.
   (b) (1) If a person mailed a notice to appear pursuant to
paragraph (1) of subdivision (a) fails to appear in court or deposit
bail, a warrant of arrest shall not be issued based on the notice to
appear, even if that notice is verified. An arrest warrant may only
be issued after a verified complaint pursuant to paragraph (2) of
subdivision (a) is given the person and the person fails to appear in
court to answer that complaint.
   (2) If a person mailed a notice to appear pursuant to paragraph
(1) of subdivision (a) fails to appear in court or deposit bail, the
court may give by mail to the person a notice of noncompliance. A
notice of noncompliance shall include a paragraph that informs the
person that unless he or she appears in the court designated in the
notice to appear within 21 days after being given by mail the notice
of noncompliance and answers the charge on the notice to appear, or
pays the applicable fine and penalties if an appearance is not
required, renewal of registration of the vehicle involved in the
offense may be precluded by the department.
   (c) A verified complaint filed pursuant to this section shall
conform to Chapter 2 (commencing with Section 948) of Title 5 of Part
2 of the Penal Code.
   (d) (1) The giving by mail of a notice to appear pursuant to
paragraph (1) of subdivision (a) or a notice of noncompliance
pursuant to paragraph (2) of subdivision (b) shall be done in a
manner prescribed by Section 22.
   (2) The verified complaint pursuant to paragraph (2) of
subdivision (a) shall be given in a manner prescribed by Section 22.
   SEC. 27.  Section 731.1 of the Welfare and Institutions Code is
amended to read:
   731.1.  Notwithstanding any other law, the court committing a ward
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, upon the recommendation of the chief probation
officer of the county, may recall that commitment in the case of any
ward whose commitment offense was not an offense listed in
subdivision (b) of Section 707, unless the offense was a sex offense
set forth in subdivision (c) of Section 290.008 of the Penal Code,
and who remains confined in an institution operated by the division
on or after September 1, 2007. Upon recall of the ward, the court
shall set and convene a recall disposition hearing for the purpose of
ordering an alternative disposition for the ward that is appropriate
under all of the circumstances prevailing in the case. The court
shall provide to the division no less than 15 days advance notice of
the recall hearing date, and the division shall transport and deliver
the ward to the custody of the probation department of the
committing county no less than five days prior to the scheduled date
of the recall hearing. Pending the recall disposition hearing, the
ward shall be detained or housed in the manner and place, consistent
with the requirements of law, as may be directed by the court in its
order of recall. The timing and procedure of the recall disposition
hearing shall be consistent with the rules, rights, and procedures
applicable to delinquency disposition hearings, as described in
Article 17 (commencing with Section 675).
   SEC. 28.  Section 733 of the Welfare and Institutions Code is
amended to read:
   733.  A ward of the juvenile court who meets any condition
described below shall not be committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities:
   (a) The ward is under 11 years of age.
   (b) The ward is suffering from any contagious, infectious, or
other disease that would probably endanger the lives or health of the
other inmates of any facility.
   (c) The ward has been or is adjudged a ward of the court pursuant
to Section 602, and the most recent offense alleged in any petition
and admitted or found to be true by the court is not described in
subdivision (b) of Section 707, unless the offense is a sex offense
set forth in subdivision (c) of Section 290.008 of the Penal Code.
This subdivision shall be effective on and after September 1, 2007.
   SEC. 29.  Section 1731.5 of the Welfare and Institutions Code is
amended to read:
   1731.5.  (a) After certification to the Governor as provided in
this article, a court may commit to the Division of Juvenile
Facilities any person who meets all of the following:
   (1) Is convicted of an offense described in subdivision (b) of
Section 707 or subdivision (c) of Section 290.008 of the Penal Code.
   (2) Is found to be less than 21 years of age at the time of
apprehension.
   (3) Is not sentenced to death, imprisonment for life, with or
without the possibility of parole, whether or not pursuant to Section
190 of the Penal Code, imprisonment for 90 days or less, or the
payment of a fine, or after having been directed to pay a fine,
defaults in the payment thereof, and is subject to imprisonment for
more than 90 days under the judgment.
   (4) Is not granted probation, or was granted probation and that
probation is revoked and terminated.
   (b) The Division of Juvenile Facilities shall accept a person
committed to it pursuant to this article if it believes that the
person can be materially benefitted by its reformatory and
educational discipline, and if it has adequate facilities to provide
that care.
   (c) Any person under 18 years of age who is not committed to the
division pursuant to this section may be transferred to the authority
by the Secretary of the Department of Corrections and Rehabilitation
with the approval of the Chief Deputy Secretary for the Division of
Juvenile Justice. In sentencing a person under 18 years of age, the
court may order that the person shall be transferred to the custody
of the Division of Juvenile Facilities pursuant to this subdivision.
If the court makes this order and the division fails to accept
custody of the person, the person shall be returned to court for
resentencing. The transfer shall be solely for the purposes of
housing the inmate, allowing participation in the programs available
at the institution by the inmate, and allowing division parole
supervision of the inmate, who, in all other aspects shall be deemed
to be committed to the Department of Corrections and Rehabilitation
and shall remain subject to the jurisdiction of the Secretary of the
Department of Corrections and Rehabilitation and the Board of Parole
Hearings. Notwithstanding subdivision (b) of Section 2900 of the
Penal Code, the secretary, with the concurrence of the chief deputy
secretary, may designate a facility under the jurisdiction of the
chief deputy secretary as a place of reception for any person
described in this subdivision.
   The chief deputy secretary shall have the same powers with respect
to an inmate transferred pursuant to this subdivision as if the
inmate had been committed or transferred to the Division of Juvenile
Facilities either under the Arnold-Kennick Juvenile Court Law or
subdivision (a).
   The duration of the transfer shall extend until any of the
following occurs:
   (1) The chief deputy secretary orders the inmate returned to the
Department of Corrections and Rehabilitation.
   (2) The inmate is ordered discharged by the Board of Parole
Hearings.
   (3) The inmate reaches 18 years of age. However, if the inmate's
period of incarceration would be completed on or before the inmate's
21st birthday, the chief deputy secretary may continue to house the
inmate until the period of incarceration is completed.
   SEC. 30.  Section 1766 of the Welfare and Institutions Code is
amended to read:
   1766.  (a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
the Board of Parole Hearings, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
   (1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
   (2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to Sections 731 or 1731.5 may not be held in
physical confinement for a total period of time in excess of the
maximum periods of time set forth in Section 731. Nothing in this
subdivision limits the power of the board to retain the minor or the
young adult on parole status for the period permitted by Sections
1769, 1770, and 1771.
   (3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
   (4) Revoke or modify any parole or disciplinary appeal order.
   (5) Modify an order of discharge if conditions indicate that such
modification is desirable and when that modification is to the
benefit of the person committed to the division.
   (6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
   (b) The following provisions shall apply to any ward eligible for
release on parole on or after September 1, 2007, who was committed to
the custody of the Division of Juvenile Facilities for an offense
other than one described in subdivision (b) of Section 707 or
paragraph (3) of subdivision (d) of Section 290 of the Penal Code:
   (1) The county of commitment shall supervise the reentry of any
ward released on parole on or after September 1, 2007, who was
committed to the custody of the division for committing an offense
other than those described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code.
   (2) Not less than 60 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the parole consideration hearing date.
   (3) Not less than 30 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the parole consideration hearing, the Board of Parole
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
   (4) Any ward described in this subdivision who is granted parole
shall be placed on parole jurisdiction for up to 15 court days
following his or her release. The board shall notify the probation
department and the court of the committing county within 48 hours of
a decision to release a ward.
   (5) Within 15 court days of the release by the division of a ward
described in this subdivision, the committing court shall convene a
reentry disposition hearing for the ward. The purpose of the hearing
shall be for the court to identify those conditions of probation that
are appropriate under all the circumstances of the case. The court
shall, to the extent it deems appropriate, incorporate a reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
   (6) The division shall have no further jurisdiction over a ward
described in this subdivision who is released on parole by the board
upon the ward's court appearance pursuant to paragraph (5).
   (c) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
   (d) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
   (e) The department shall promulgate policies and regulations to
implement this section.
   (f) Commencing on July 1, 2004, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
   (1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
   (2) The number of parole consideration dates for each category set
at guideline, above guideline, and below guideline.
   (3) The number of ward case reviews resulting in a change to a
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
   (4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole consideration date changed to an earlier date, and the average
annual time added or subtracted per case.
   (5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
   (6) Any additional data or information identified by the
department as relevant.
   (g) As used in subdivision (f), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
   SEC. 31.  Section 1767.35 of the Welfare and Institutions Code is
amended to read:
   1767.35.  Commencing on September 1, 2007, any parolee under the
jurisdiction of the Division of Juvenile Parole Operations shall be
returned to custody upon the suspension, cancellation, or revocation
of parole as follows:
   (a) To the custody of the Division of Juvenile Facilities if the
parolee is under the jurisdiction of the division for the commission
of an offense described in subdivision (b) of Section 707 or an
offense described in subdivision (c) of Section 290.008 of the Penal
Code.
   (b) To the county of commitment if the parolee is under the
jurisdiction of the division for the commission of an offense not
described in subdivision (b) of Section 707 or paragraph (3) of
subdivision (d) of Section 290 of the Penal Code. If a ward subject
to this subdivision is detained by the Division of Juvenile Parole
Operations for the purpose of initiating proceedings to suspend,
cancel, or revoke the ward's parole, the division shall notify the
court and probation department of the committing county within 48
hours                                          of the ward's
detention that the ward is subject to parole violation proceedings.
Within 15 days of a parole violation notice from the division, the
committing court shall conduct a reentry disposition hearing for the
ward. Pending the hearing, the ward may be detained by the division,
provided that the division shall deliver the ward to the custody of
the probation department in the county of commitment not more than
three judicial days nor less than two judicial days prior to the
reentry disposition hearing. At the hearing, at which the ward shall
be entitled to representation by counsel, the court shall consider
the alleged violation of parole, the risks and needs presented by the
ward, and the reentry disposition programs and sanctions that are
available for the ward, and enter a disposition order consistent with
these considerations and the protection of the public. The ward
shall be fully informed by the court of the terms, conditions,
responsibilities, and sanctions that are relevant to the reentry plan
that is adopted by the court. Upon delivery to the custody of the
probation department for local proceedings under this subdivision,
the Division of Juvenile Facilities and the Board of Parole Hearings
shall have no further jurisdiction or parole supervision
responsibility for a ward subject to this subdivision. The procedure
of the reentry disposition hearing, including the detention status of
the ward in the event continuances are ordered by the court, shall
be consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings, as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
  SEC. 32.  It is the intent of the Legislature, in enacting the
amendments to Section 227 of the Labor Code, that these changes are
for the sole purpose of correcting an obsolete penalty provision, and
no other consequence is intended.
   SEC. 33.  Any section of any act, other than Senate Bill 1498,
enacted by the Legislature during the 2008 calendar year that takes
effect on or before January 1, 2009, and that amends, amends and
renumbers, adds, repeals and adds, or repeals any one or more of the
sections affected by this act shall prevail over this act, whether
this act is enacted prior to, or subsequent to, the enactment of that
act. The repeal, or repeal and addition, of any article, chapter,
part, title, or division of any code by this act shall not become
operative if any section of any other act, other than Senate Bill
1498, that is enacted by the Legislature during the 2008 calendar
year and takes effect on or before January 1, 2009, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.