Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 898

Introduced by Assembly Member Gonzalez

February 26, 2015

An act to amend Section begin delete 204 of the Labor Code end delete begin insert 3042 of the Penal Code end insert , relating to begin delete employment. end delete begin insert parole. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 898, as amended, Gonzalez. begin delete Employee wages. end delete begin insert Parole suitability: notice. end insert

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Existing law requires the Board of Parole Hearings to provide written notice at least 30 days before it meets to review or consider the parole suitability of any inmate sentenced to a life sentence to the judge of the superior court before whom the inmate was tried and convicted, the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, and the law enforcement agency that investigated the case. If the inmate was convicted of the murder of a peace officer, existing law also requires notice to be provided to the law enforcement agency that employed the peace officer.

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This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board to provide notice of the parole suitability hearing to the fire department that employed the fire fighter.

end insert begin delete

Existing law requires that employers pay wages to their employees, twice per calendar month, on days designated in advance as regular paydays. However, employees defined as executive, administrative, or professional may be paid once per month.

end delete begin delete

This bill would make nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 3042 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 6 of Chapter 470 of the Statutes of 2015, is amended to
read: end insert

3042.  

(a) At least 30 days before the Board of Parole Hearings
meets to review or consider the parole suitability of any inmate
sentenced to a life sentence, the board shall send written notice
thereof to each of the following persons: the judge of the superior
court before whom the inmate was tried and convicted, the attorney
who represented the defendant at trial, the district attorney of the
county in which the offense was committed, the law enforcement
agency that investigated the case, and begin delete where end delete begin insert if end insert the inmate was
convicted of the murder of a peace begin delete officer, end delete begin insert officer or a firefighter, end insert
the law enforcement agency begin delete which had end delete begin insert or fire department that end insert
employed begin delete that end delete begin insert the end insert peace officer begin insert or firefighter end insert at the time of the
murder.

(b) The Board of Parole Hearings shall record all begin insert of end insert those
hearings and transcribe recordings of those hearings within 30
days of any hearing. Those transcripts, including the transcripts
of all prior hearings, shall be filed and maintained in the office of
the Board of Parole Hearings and shall be made available to the
public no later than 30 days from the date of the hearing. begin delete No end delete begin insert An end insert
inmate shall begin delete actually end delete begin insert not end insert be released on parole begin delete before end delete begin insert until end insert 60 days
from the date of the hearing begin insert have elapsed end insert .

(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.

(d) Any statements, recommendations, or other materials
considered shall be incorporated into the transcript of the hearing,
unless the material is confidential in order to preserve institutional
security and the security of others who might be endangered by
disclosure.

(e) (1) The written notice to the judge of the superior court
before whom the inmate was tried and convicted shall be sent by
United States mail.

(2) The judge receiving this written notice may forward to the
board any unprivileged information from the trial or sentencing
proceeding regarding the inmate, witnesses, or victims, or other
relevant persons, or any other information, that is pertinent to the
question of whether the board should grant parole or under what
conditions parole should be granted. The judge may also, in his or
her discretion, include information given to him or her by victims,
witnesses, or other persons that bear on the question of the inmate’s
suitability for parole.

(3) The board shall review and consider all information received
from the judge or any other person and shall consider adjusting
the conditions of parole to reflect the comments or concerns raised
by this information, as appropriate.

(f)  begin delete Nothing in this end delete begin insert This end insert section begin delete shall be construed as limiting end delete
begin insert does not limit end insert the type or content of information the judge or any
other person may forward to the board for consideration under any
other law.

(g) Any person who receives notice under subdivision (a) who
is authorized to forward information for consideration in a parole
suitability hearing for a person sentenced to a life sentence under
this section, may forward that information either by facsimile or
electronic mail. The Department of Corrections and Rehabilitation
shall establish procedures for receiving the information by facsimile
or electronic mail pursuant to this subdivision.

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SECTION 1.  

Section 204 of the Labor Code is amended to
read:

204.  

(a) All wages, other than those mentioned in Section 201,
201.3, 202, 204.1, or 204.2, earned by any person in any
employment are due and payable twice during each calendar month,
on days designated in advance by the employer as the regular
paydays. Labor performed between the 1st and 15th days, inclusive,
of any calendar month shall be paid for between the 16th and the
26th day of the month during which the labor was performed, and
labor performed between the 16th and the last day, inclusive, of
any calendar month, shall be paid for between the 1st and 10th
day of the following month. However, salaries of executive,
administrative, and professional employees of employers covered
by the Fair Labor Standards Act, as set forth pursuant to Section
13(a)(1) of the Fair Labor Standards Act, as amended through
March 1, 1969, in Part 541 of Title 29 of the Code of Federal
Regulations, as that part now reads or may be amended to read at
any time hereafter, may be paid once a month on or before the
26th day of the month during which the labor was performed if
the entire month’s salaries, including the unearned portion between
the date of payment and the last day of the month, are paid at that
time.

(b) (1) Notwithstanding any other provision of this section,
wages earned for labor in excess of the normal work period shall
be paid no later than the payday for the next regular payroll period.

(2) An employer is in compliance with the requirements of
subdivision (a) of Section 226 relating to total hours worked by
the employee, if the hours worked in excess of the normal work
period during the current pay period are itemized as corrections
on the paystub for the next regular pay period. Any corrections set
out in a subsequently issued paystub shall state the inclusive dates
of the pay period for which the employer is correcting its initial
report of hours worked.

(c) However, when employees are covered by a collective
bargaining agreement that provides different pay arrangements,
those arrangements shall apply to the covered employees.

(d) The requirements of this section shall be deemed satisfied
by the payment of wages for weekly, biweekly, or semimonthly
payroll if the wages are paid not more than seven calendar days
following the close of the payroll period.

end delete