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As Prop 36 goes into effect CA Attorney General Bonta issues info bulletin to law enforcement

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Increases penalties for shoplifting and certain drug crimes

On Dec. 13, California Attorney General Rob Bonta issued an Information Bulletin to all law enforcement agencies in the state about Proposition 36 which passed overwhelmingly in November and went into effect on Wednesday, Dec. 18th. The bulletin highlights the statutory changes and additions made to current law under the proposition known as “The Homelessness, Drug Addiction, and Theft Reduction Act.”

“Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses,” said Attorney General Bonta. “Let us harness the strength of our partnerships, the power of new legislation, and the collective resolve of our community to create a safer and more secure environment for everyone. My office is committed to fighting organized retail crime head on.”

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include the creation of new felony theft and drug crimes targeting recidivist offenders, removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h) as opposed to state prison, and alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

Following is Bonta’s Information Bulletin:

TO: ALL CALIFORNIA LAW ENFORCEMENT AGENCIES PROPOSITION 36: “The Homelessness, Drug Addiction, and Theft Reduction Act”

On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include: (1) the creation of new felony theft and drug crimes targeting recidivist offenders; (2) removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h); and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

The purpose of this bulletin is to highlight the statutory changes and additions made by Proposition 36.

CHANGES UNDER PROPOSITION 36 RELATING TO THEFT AND PROPERTY DAMAGE

Penal Code section 490.3 (Aggregation of Losses in Multiple Thefts): Proposition 36 creates a new Penal Code section 490.3 which permits aggregation of the value of property or merchandise stolen during multiple thefts to meet the $950 threshold for a felony without having to prove that the various crimes were motivated by one intention, one general impulse, and one plan. This new section applies to theft or shoplifting, including, but not limited to, violations of Penal Code sections 459.5, 484, 488, and 490.2.

Penal Code section 490.3 applies “notwithstanding any other law,” and is therefore broader than other laws such as Penal Code section 487, subdivision (e) and the new Penal Code section 12022.10,1

1 which would permit aggregation only in limited circumstances, such as if the acts were motivated by one intention, one general impulse, and one plan, or only if there was a common scheme or plan, respectively.

Penal Code section 666.1 (Felony Crime of Theft with Two Prior Thefts): Penal Code section 666.1 is a new, recidivist felony offense of committing petty theft or shoplifting while having two or more prior misdemeanor or felony convictions for specified theft-related crimes. A first conviction under Penal Code section 666.1, subdivision (a)(1) is punishable in county jail pursuant to Penal Code section 1170(h), second or subsequent convictions are punishable in county jail or state prison. Other notable aspects of Penal Code section 666.1 include:

  • There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Penal Code section 666.1(a)(1)—all prior convictions qualify, regardless of when they occurred.
  • Although Penal Code section 666.1 does not mandate that the two or more specified prior convictions be alleged in the accusatory pleading, existing authority suggests that the prior convictions must be alleged and proved at preliminary hearing so a defendant can be held to answer on a Penal Code section 666.1 charge. (See People v. Casillas (2001) 92 Cal.App.4th 171.)
  • Section 666.1 applies “notwithstanding any other law,” meaning that it will apply even if a defendant could alternatively have been prosecuted for a misdemeanor theft-related charge pursuant to another statute.
  • Upon arrest on a Penal Code section 666.1 charge, subdivision (c) requires judicial review prior to release from custody to make an individualized determination of the arrestee’s risk to public safety and likelihood to return to court.

Penal Code section 12022.6 (Excessive Takings Enhancement): Proposition 36 re-enacts and modifies several aspects of the Penal Code section 12022.6 enhancement, which was repealed at the end of 2017 because of a sunset date. Penal Code section 12022.6 applies when an offender takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Penal Code section 496 (possessing/receiving/selling stolen property). This enhancement must be pled and proved. The enhancements are as follows:

  • One-year enhancement – loss or property value over $50,000
  • Two-year enhancement – loss or property value over $200,000
  • Three-year enhancement – loss or property value over $1 million
  • Four-year enhancement – loss or property value over $3 million
  • One-year enhancement for every additional loss or property value of $3 million (imposed in addition to the four-year, $3 million enhancement)

The enhancements may be imposed if the combined losses to the victims or the combined property values from all felonies exceed the threshold amounts and arise from a common scheme or plan. The enhancement permits the court to impose a Penal Code section 12022.6 enhancement and another enhancement on a single count, including an enhancement pursuant to new Penal Code section 12022.65 (acting in concert to take, damage, or destroy property—see below). Thus, a defendant may be punished for both acting in concert (Pen. Code § 12022.65) and for taking or damaging property valued at more than $50,000 (Pen. Code § 12022.6). The punishment specified in Penal Code sections 12022.6, subdivisions (a)(1) and (a)(2) will continue to apply where Penal Code section 186.11 has been charged, as it previously did.2

Penal Code section 12022.65 (Theft or Property Damage In-Concert Enhancement): Penal Code section 12022.65 is a new enhancement that applies when an offender acts in concert with two or more persons to take, attempt to take, damage, or destroy property, in the commission or attempted commission of a felony. This enhancement has a range of one, two, or three years and must be pled and proved.

CHANGES UNDER PROPOSITION 36 RELATING TO CONTROLLED SUBSTANCES

Health and Safety Code section 11369 (Warning to Dealers of Hard Drugs): Proposition 36 creates a new section 11369 in the Health and Safety Code section 11369 which requires the trial court to advise anyone convicted of a violation of Health and Safety Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug,3 that distributing, selling, furnishing, administering, giving away, or manufacturing any drug is extremely dangerous and deadly to human life, and if the conduct continues, the defendant can be charged with homicide, up to and including murder.4 The admonishment must be given to the defendant in writing and the court record must reflect that the admonishment was given.

Health and Safety Code section 11370.1 (Possessing a Drug While Armed with a Firearm): Health and Safety Code section 11370.1 is modified by Proposition 36 to expand the felony crime of unlawfully possessing a specified substance while armed with a loaded, operable firearm to include any substance containing fentanyl. Health and Safety Code section 11370.1 continues to apply to substances containing cocaine, cocaine base, heroin, methamphetamine, or phencyclidine, and continues to provide punishment of two, three, or four years in state prison.

Health and Safety Code section 11370.4 (Controlled Substance Weight Enhancement): Health and Safety Code section 11370.4 is modified by Proposition 36 by adding a new subdivision (c), which provides a range of enhancements for a violation of Health and Safety Code sections 11351, 11352, or a conspiracy to violate either section, involving fentanyl.5 The following chart breaks down the nine new weight enhancements for fentanyl in specific quantities:

Source: Office of the CA Attorney General

New subdivision (e) provides that notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of an underlying violation specified in Health and Safety Code section 11370.4 (e.g., Health & Saf. Code §§ 11351, 11351.5, 11352, 11378, 11378.5, 11379, and 11379.5) who admits a weight enhancement or for whom a weight enhancement is found true for any of the listed controlled substances, is punishable in state prison and not county jail pursuant to Penal Code section 1170, subdivision (h).

Health and Safety Code section 11395 (“Treatment-Mandated Felony Act”): Proposition 36 creates Health and Safety Code section 11395, a new, recidivist felony offense of possessing a “hard drug” and having two or more prior felony or misdemeanor convictions for specified drug-related crimes. A violation of Health and Safety Code section 11395 is punishable in county jail pursuant to Penal Code section 1170(h) for a first conviction. Subsequent convictions are punishable in state prison. Both first and subsequent convictions are wobblers and eligible for probation unless otherwise prohibited. Other notable aspects of Health and Safety Code section 11395 include:

  • Section 11395 applies “notwithstanding any other law,” meaning that it will apply even if a defendant would have been eligible for a misdemeanor drug possession charge (e.g., Health & Saf. Code § 11350 or 11377), Penal Code section 1000 drug diversion, or probation for a non-violent drug possession offense pursuant to Penal Code section 1210.1.
  • The two or more prior convictions of specified crimes within Health and Safety Code section 11395, subdivision (c) may be either misdemeanor or a felony convictions.
  • There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Health and Safety Code section 11395—all prior convictions qualify, regardless of when they occurred.
  • Prior convictions must be pled and proven. (Health & Saf. Code, § 11395, subd. (c).)
  • Upon booking for a violation of Health and Safety Code section 11395, subdivision (f) requires judicial review prior to release from custody to make an individual determination of the arrestee’s risk to public safety and likelihood to return to court.

Health and Safety Code section 11395 also provides an option for treatment in lieu of incarceration for its offenses. Health and Safety Code section 11395, subdivision (d) provides that a defendant may choose treatment instead of county jail, state prison, or a grant of probation with county jail as a condition of probation.6 Upon successful completion of the treatment program, the positive recommendation of the  treatment program, and a motion by the defendant, the court shall dismiss the Health and Safety Code section 11395 charge. (Heath & Saf. Code, § 11395, subd. (d)(3).)

Penal Code section 12022, subdivision (c) (Drug Crimes While Personally Armed with a Firearm): Proposition 36 amends Penal Code section 12022, subdivision (c) to provide that the enhancement for individuals convicted of specified drug offenses and who are personally armed with a firearm, must serve the additional term in state prison instead of county jail. Subdivision (c) is further amended to provide that, notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of a specified underlying violation who admits a Penal Code section 12022, subdivision (c) firearm enhancement or has such an enhancement found true, is punishable in state prison even if the underlying offense is a section 1170, subdivision (h) county jail offense.

Penal Code section 12022.7 (Great Bodily Injury (GBI) Enhancement For Drug-Related Injury): Proposition 36 amends Penal Code section 12022.7 to add subdivision (f)(2), which explicitly provides that “a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.” This creates a great bodily injury enhancement that can be charged when the person to whom an offender supplies a drug suffers a serious injury from using the drug, including death.7

1 Penal Code section 12022.10 is a new enhancement created by Senate Bill 1416, effective January 1, 2025, for selling, exchanging, or returning for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business. It also applies to attempted selling, exchanging, or returning, and has a sunset date of January 1, 2030. By contrast, Penal Code section 490.3 does not address the aggregation of sales of stolen property.

2 Assembly Bill 1960, effective on January 1, 2025, adds a Penal Code section 12022.6 excessive taking enhancement that is almost identical to that in Proposition 36. The non-substantive difference is that AB 1960 contains a sunset date of January 1, 2030, and Proposition 36 does not contain a sunset date.

3 “Hard drug” means a controlled substance listed in Health and Safety Code section 11054 or 11055, except that it does not include substances listed in Health and Safety Code section 11054, subdivisions (d) and (e), or, with the exception of methamphetamine, any other substance listed in Health and Safety Code section 11055, subdivision (d). (Health & Saf. Code, § 11369, subd. (d).)

4 Vehicle Code section 23593 similarly provides that, upon conviction of certain Vehicle Code provisions, courts are required to give an advisement about the dangers of drinking and driving, and warn that if someone is killed, the offender can be charged with murder.

5 Health and Safety Code section 11370.4, subdivision (a)(1) removes fentanyl from the list of controlled substances. The modification to Health and Safety Code section 11370.4 puts fentanyl in its own subdivision (c)(1) and lowers the quantity thresholds because fentanyl is more lethal than other substances in small doses. Health and Safety Code section 11370.4, subdivision (a)(1) still applies to heroin, cocaine, and cocaine base and does not change the quantities or punishment for those substances.

6 Section 11395 is a deferred entry of judgment program, in which the defendant must plead guilty or no contest before going into treatment; it is not a diversion program.

7 This new language abrogates the California Supreme Court’s decision in People v. Ollo (2021) 11 Cal.5th 682, which held that furnishing a drug that causes death does not necessarily qualify as personal infliction of great bodily injury.

Allen D. Payton contributed to this report.

CA Attorney General Bonta reminds illegal immigrants of their legal rights, protections

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Source: Office of CA Attorney General Rob Bonta

Hosts first of a series of regional convenings with immigrant rights groups, elected officials, and others ahead of Inauguration Day 

LOS ANGELES – California Attorney General Rob Bonta on Tuesday, Dec. 17, 2024, issued two guidances to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of fear and uncertainty resulting from the President-elect’s inhumane threats of mass detention, arrests, and deportation. The guidances build on the Attorney General’s announcement earlier this month of updated model policies and recommendations to help public institutions like schools, hospitals, and courts comply with California law limiting state and local participation in immigration enforcement activities. Over the coming weeks, Attorney General Bonta will continue to help Californians prepare for changes to federal immigration policy in convenings with immigrant rights groups, elected officials, and others in Los Angeles, Sacramento, Salinas, San Francisco, and San Diego, where the Attorney General and California Department of Justice (CADOJ) staff will share resources, hear concerns, and discuss ongoing efforts to protect California’s immigrant communities.

“In California, we know that our immigrants are the backbone of our communities, a driving force behind our economy, and an essential part of our history as a state,” said Bonta. “With the President-elect making clear his intent to move forward an inhumane and destructive immigration agenda once he takes office, CADOJ is releasing new and updated guidance to help immigrants understand their rights under the law. In California, we will ensure that the rights of our immigrant communities are respected and protected. I will be convening a series of discussions in the weeks ahead – the first here today in Los Angeles – focused on this essential mission.”

Know Your Immigration Rights and Protections Under the Law

  • You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.
  • You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people to access emergency medical care, including undocumented immigrants.
  • You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed attorney. If you are detained by ICE and/or are facing immigration proceedings, you have the right to seek legal assistance through an attorney.
  • State and local law enforcement cannot ask for your immigration status. California law expressly prohibits law enforcement from inquiring about a person’s immigration status for immigration enforcement purposes.
  • State and local law enforcement cannot share your personal information. This includes sharing your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.
  • State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means they cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless it is as part of joint federal task force where the primary purpose is not immigration enforcement.

The full “Know Your Immigration Rights” consumer alert is available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Protect Yourself from Immigration Scams

If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status! Here are some tips and resources to help:

  • Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals, such as those found through the resources below. To find a legal aid organization near you, go to lawhelpca.org.
  • Keep your original documents in a safe place. Don’t give your original documents to anyone unless you see proof that the government requires the original document. If you give someone an original, they may lose it or refuse to return it unless you pay them.
  • Do not hire an immigration consultant or a notary. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants – who may call themselves immigration experts, notarios, notaries public, or paralegals – cannot do so.
  • Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email, or text.

For more dos and don’ts, see the full “Immigration Services Fraud” consumer alert available in English, Spanish, Chinese (Simplified), Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Access Free and Low-Cost Legal Assistance 

Visit Law Help CA or Immigration Law Help to find immigration assistance near you.

File a Complaint 

If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report.

If you believe you were subject to discrimination, harassment or retaliation, report it to the California Civil Rights Department at calcivilrights.ca.gov/complaintprocess/.

Gov. Newsom proclaims State of Emergency in response to “Bird Flu” outbreak

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To further enhance state’s preparedness and accelerate ongoing cross-agency response efforts following spread of Avian influenza A (H5N1) in 16 states, including California and outside the Central Valley,

“To date, no person-to-person spread of Bird Flu has been detected in California and nearly all infected individuals had exposure to infected cattle.” – Office of the California Governor

Sacramento, California – December 18, 2024 – Governor Gavin Newsom today proclaimed a State of Emergency to streamline and expedite the state’s response to Avian influenza A (H5N1), commonly known as “Bird Flu.” This action comes as cases were detected in dairy cows on farms in Southern California, signaling the need to further expand monitoring and build on the coordinated statewide approach to contain and mitigate the spread of the virus. The virus has spread in 16 states among dairy cattle, following its first confirmed detection in Texas and Kansas in March 2024.

To date, no person-to-person spread of Bird Flu has been detected in California and nearly all infected individuals had exposure to infected cattle. California has already established the largest testing and monitoring system in the nation to respond to the outbreak.

This emergency proclamation will provide state and local agencies with additional flexibility around staffing, contracting, and other rules to support California’s evolving response.

“This proclamation is a targeted action to ensure government agencies have the resources and flexibility they need to respond quickly to this outbreak. Building on California’s testing and monitoring system — the largest in the nation — we are committed to further protecting public health, supporting our agriculture industry, and ensuring that Californians have access to accurate, up-to-date information. While the risk to the public remains low, we will continue to take all necessary steps to prevent the spread of this virus,” said Newsom.

Ongoing efforts to prevent spread and serious infection

California has mobilized a comprehensive cross-agency response to Bird Flu in dairy cattle and poultry farms to minimize farm worker exposures, reduce raw dairy product contamination, and mitigate the spread of the virus. The state has enlisted local, state, and federal government technical and operational expertise to support all facets of the response; worked to educate the public, health professionals, employers, and workers on prevention and control measures to reduce the risk of exposure to Bird Flu; provided comprehensive information for employers and workers on personal protective equipment (PPE) requirements; and distributed millions of pieces of PPE to high-risk workers at dairy farms.

Through coordinated public awareness efforts between the California Department of Public Health (CDPH), the California Department of Food and Agriculture (CDFA), California Office of Emergency Services (CalOES), and other agencies, the state is leading a cross-agency response that includes timely public updates, multilingual outreach to dairy and poultry workers, targeted social media efforts to promote preventive practices, online and printed resources for the public, and media interviews to keep Californians informed. Additionally, the state is ensuring that agriculture workers have access to additional doses of seasonal flu vaccine from the Centers for Disease Control and Prevention (CDC) to reduce concurrent flu risks.

Officials have also been working in close collaboration with the Centers for Disease Control, the U.S. Food and Drug Administration, the U.S.  Department of Agriculture, and local health and agricultural officials, as part of a whole-of-government effort to coordinate, implement, and ensure timely surveillance and investigation of potential cases of Bird Flu.

Bird flu in the United States

Bird Flu was first detected in the United States in the wild bird population in South Carolina in January 2022, and in the wild bird population in California in July 2022. On March 25, 2024, an outbreak of Bird Flu in dairy cows was first reported in Texas and Kansas, and CDFA took immediate action to monitor for Bird Flu infections in California herds. Since then, there have been 61 total reported confirmed cases of Bird Flu infection in humans across seven states, including 34 reported human cases in California.

On August 30, 2024, following its detection in 13 other states, Bird Flu was confirmed in a dairy cow in Central California, and the California Department of Public Health immediately activated its Medical Health Coordination Center.

See CA Gov Bird Flu State of Emergency Proclamation 12-18-24

 

California begins purge of Christian foster parents in response to new state law

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SB 407 requires affirmation of a child’s chosen gender identity or sexual orientation

By Greg Burt, California Family Council

SACRAMENTO, CA — Christian foster parents with traditional, biblical beliefs on gender and sexuality are being systematically excluded from California’s foster care system due to the enforcement of SB 407. This new law, authored by Senator Scott Wiener (D-San Francisco), mandates that foster parents, irrespective of whether they have an LGBTQ-identified child in their care, must affirm a child’s chosen gender identity or sexual orientation. Neutrality is no longer acceptable under the updated guidelines issued by the California Department of Social Services (CDSS). (Read guidelines here: https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/ACLs/2024/24-69.pdf?ver=2024-11-19-154231-617)

According to a letter distributed to all county and state-licensed foster care agencies last month, “Each resource family must have the capacity, ability, and willingness to safeguard a child’s or non-minor dependent’s personal rights and respect and honor the child’s identities regardless of their own values and beliefs.” The letter further asserts that any failure to affirm a child’s self-determined identity constitutes a “risk or threat” to the child’s health and safety. Consequently, this would result in the denial of foster care applications or the revocation of existing approvals.

This policy shift underscores a troubling development: the state now regards traditional views regarding gender and sexuality as harmful, not only to foster children, but to all children under the system’s care.

The California Family Council (CFC) recently received a call from a foster father who, along with his wife, had provided temporary care to multiple young children over several years. Despite their history of offering loving homes, their social worker denied the renewal of their foster care license because they could not commit to affirming any identity a child might choose. This was a marked departure from previous practices, where their beliefs were accommodated, and they were not assigned LGBTQ-identified children.

“Their social worker told them that under SB 407, the promise of affirmation is now a requirement for fostering any child, regardless of age,” said Greg Burt, Vice President of the California Family Council.

Leading Christian legal organizations specializing in religious liberty cases have condemned the CDSS directive as unconstitutional. Kevin Snider, Chief Counsel for the Pacific Justice Institute, highlighted the broader ramifications of SB 407.

“The implications of SB 407 and the recent Directive from the Dept. of Social Services is that foster families holding religious or traditional views on gender and sexual orientation are unqualified to provide care for foster children,” Snider explained. “California parents may think, ‘This doesn’t concern me — I’m not a foster parent.’ In fact, it does concern you. There is now a very small step for the state to deem any parent as unfit to raise their own children if the family holds a view that contradicts the state’s ideology on gender and sexual orientation. This could result in a visit by Child Protective Services with tragic consequences for the home.”

Kelly Rickert, an attorney with Advocates for Faith and Freedom, emphasized the dire need for foster parents in California, particularly in Los Angeles County, which has over 25,000 foster children in care. She said, “For centuries, Christians have stepped up to care for these children.  But now, the State is stripping Christians who have previously provided years of care of their foster care licenses because they cannot in good conscience agree to promote the state’s onerous directives promoting LGBTQ+ ideologies.”

Rickert also pointed to legal precedents, such as Fulton v. City of Philadelphia (2021), “the Supreme Court struck down a Philadelphia policy denying contracts to a foster care agency because it would not certify same-sex couples as foster parents – because it violated the First Amendment’s Free Exercise clause.” Rickert believes the CDSS directive is similarly unconstitutional. “It is heartbreaking that the State of California elevates political ideology over the welfare of children in need,” she said.

CFC Vice President Greg Burt expressed disappointment at how religious freedoms were disregard during the legislative process. The CFC consistently lobbied against SB 407, warning lawmakers of its illegality and its potential to alienate prospective foster parents. “California is already struggling with a foster parent shortage, yet Senator Wiener and his allies are driving away faithful families who provide stable, loving homes,” said Burt. “This law doesn’t just hurt foster children—it actively discriminates against foster parents who are willing to love and care for any child but refuse to compromise their deeply held religious beliefs.”

Check out similar cases of Christian discrimination related to foster care and adoption at the Alliance Defending Freedom.

Watch https://www.youtube.com/watch?v=Y3nKm8kESKs&t=2s excerpts from the SB 407 hearing above when the bill went before the CA Senate Human Services Committee. Watch the full hearing here: https://www.youtube.com/watch?v=KDzrwfn0RwI

State Superintendent Thurmond announces legislation to keep Immigration and Customs Enforcement off school campuses

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CA State Superintendent of Public Instruction Tony Thurmond and State Senator Lena Gonzalez want to keep U.S. Immigration and Customs Enforcement agents off California school campuses without a judicial warrant in their efforts to deport illegal immigrants.

Introduced by Senate Majority Leader Lena Gonzalez

“to protect California schools from a drop-off in attendance or funding in response to federal threats of mass deportation.”

By Liz Sanders, Director of Communications, California Department of Education

SACRAMENTO—State Superintendent Tony Thurmond is sponsoring legislation introduced by Senate Majority Leader Lena Gonzalez (D-33) on Monday, December 16, aimed at keeping U.S. Immigration and Customs Enforcement (ICE) agents off of school campuses to protect California schools from a drop-off in attendance or funding in response to federal threats of mass deportation.

The legislation to be introduced by Senator Gonzalez will protect California schools from a potential decline in attendance or funding during potential increased immigration enforcement by protecting school zones, as well as school data and sensitive family information.

The bill would:

  • prohibit school districts, county offices of education, charter schools, and their personnel from granting U.S. Immigration and Customs Enforcement (ICE) officers or other federal authorities access to campuses without a judicial warrant;
  • prohibit police cooperation with any immigration enforcement efforts within a one-mile radius of school to ensure a safe corridor for parents to bring their children to and from school; and
  • prohibit the sharing of any information about students, families, their households, or school employees with ICE officers.

“This bill seeks to push back against threats of deportation that create fear in immigrant families. These practices suppress school attendance and rob schools of needed revenue,” said Thurmond. “I am honored to partner with bill author Senator Lena Gonzalez, other legislators, and immigrant rights groups to support our families and keep ICE off our school campuses—period.”

“All California children deserve safe school environments that prioritize student learning, regardless of immigration status,” said Gonzalez (D-Long Beach). “As Chair of the California Latino Legislative Caucus, I’m proud to be partnering with Superintendent Tony Thurmond to author this important legislation, which will prevent disruptions to student learning, keep children in school, and prevent families from being torn apart.”

Research has shown that immigration enforcement in the area of schools has a chilling effect on school attendance for students from impacted communities, regardless of students’ citizenship or immigration status. It is reasonable to expect such adverse impacts on immigrant communities throughout California.

The legislation would also strengthen safeguards against unauthorized disclosure of education records and personal information to federal agents. Combined, these protections would ensure that families are able to safely send their children to school without fear of being separated from their children, and families would also be able to fill out necessary school forms that are essential to students’ well-being and educational services without fear of being separated from their children.

In California, 93 percent of children who have one or more undocumented parents are U.S. citizens. Additionally, all children in the United States, regardless of immigration status, have a right to a free and appropriate public education.

The proposed bill reflects California’s commitment to ensure that pandemic-era increases in chronic absenteeism do not recur and also reiterates California’s commitment to make sure that schools are welcoming environments where all families can safely bring their children to learn. It aligns with California’s broader efforts to promote equity, inclusion, and the protection of immigrant communities.

As schools continue to face challenges related to student safety and data privacy, this bill sends a strong message that California is committed to safeguarding our students and families.

CA State Parks’ Office of Historic Preservation announces start of State Historic Rehabilitation Tax Credit Program

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John Muir home in Martinez (Source: National Park Service) and El Campanil Theatre in Antioch. (Source: El Campanil Theatre)

Property owners can apply for the credit to rehabilitate and maintain their historical buildings and qualified residences

SACRAMENTO — California State Parks’ Office of Historic Preservation (OHP) announced today it will begin accepting applications for the State Historic Rehabilitation Tax Credit Program at 8 a.m. on Jan. 6, 2025. California property owners can apply for the credit to rehabilitate and maintain their historical buildings and qualified residences, retaining Californians’ link to the past while keeping historic buildings and homes relevant in the present and beyond.

The tax credit program provides a 20% credit for qualified rehabilitation expenditures (or 25% credit if the structure meets specified criteria) for rehabilitation of a certified historic structure or a qualified residence, as provided, within the state to be allocated on a first-come-first-served basis by the California Tax Credit Allocation Committee, in conjunction with OHP. A total of $50 million is available for allocation.

In preparation for this program, OHP is holding two virtual informational sessions on eligibility qualifications, completing the application and documentation requirements, with time allotted for questions and answers. The sessions will be held:

Application instructions, forms, frequently asked questions and program regulations can be found on the OHP’s State Historic Rehabilitation Tax Credit site. Potential applicants are recommended to read the program information in advance of the informational sessions. For information about the tax credit program, please contact Deputy State Historic Preservation Officer Jody L. Brown at Jody.L.Brown@parks.ca.gov.

The OHP administers federal and state mandated historic preservation programs to further the identification, evaluation, registration and protection of California’s irreplaceable resources, and promotes the care, maintenance, relevance and reuse of California’s historic properties.

The California Department of Parks and Recreation, popularly known as State Parks, and the programs supported by its Office of Historic Preservation and divisions of Boating and Waterways and Off-Highway Motor Vehicle Recreation provide for the health, inspiration and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. Learn more at parks.ca.gov.

CA State Parks encourages off-highway vehicle enthusiasts to ‘Share the Trails’ during Fall OHV Safety Week

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Basic Visitor services Training, Prairie City State Vehicle Recreation Area. ©2018, California State Parks. Photo by Brian Baer

November 16-24

SACRAMENTO — California State Parks invites all off-roading enthusiasts to the Off-Highway Motor Vehicle Recreation (OHMVR) Division’s Fall OHV Safety Week from Nov. 16 to 24. This year’s theme, “Share the Trails,” focuses on fostering respect, responsibility and a sense of community for all who enjoy California’s diverse off-highway trails.

“We encourage all riders to participate in the second OHV Safety Week of the year and embrace this year’s theme,” said OHMVR Division Chief Callan McLaughlin. “By sharing the trails responsibly, we’re ensuring safer, more enjoyable off-highway experiences for everyone while also protecting the environment we all cherish.”

As riders hit the trails this season – whether on all-terrain vehicles (ATVs), dirt bikes, recreational off-highway vehicles (ROVs) or 4x4s – it’s important to remember these four guiding principles:

  • Stay to the Right: When operating an off-highway vehicle (OHV) on trails, especially in shared areas, always stay to the right. This one simple action makes a big difference in helping traffic flow smoothly and preventing collisions.
  • Share Your Knowledge: Seasoned riders, here’s your chance to ensure future generations can enjoy the same thrilling experiences. Help newcomers by sharing tips on safety, trail etiquette and environmental stewardship.
  • Ride Smart: Know the terrain and what to expect, and ride at a speed that is safe for the trail and conditions. Never ride or drive while intoxicated.
  • Ride With Respect: Follow posted signs, avoid sensitive habits and follow “Leave No Trace” practices. Treating the trails, fellow riders and the environment with respect is key to preserving California’s off-highway areas for years to come.

Remember – everyone on the trail has a role in creating a safer, more informed off-highway recreation community.

Throughout Fall OHV Safety Week, the OHMVR Division will work with its partners to share safety tips, educational content, videos and activities on social media to raise awareness about trail etiquette and encourage responsible riding. Additionally, several state vehicular recreation areas (SVRAs) such as Oceano Dunes, Prairie City and Clay Pit will be offering free ATV, ROV and motorcycle safety classes — a great opportunity to build confidence and skills. Some SVRAs are also hosting additional special events during Fall Safety Week, such as Junior Ranger programs and a family ride. For information on the free safety classes and other events, visit the California Outdoor Recreation Foundation website for schedules and sign-up information, and check with the SVRA you want to visit. Local OHV parks will also be hosting special events, workshops and OHV safety training.

For more information on OHV Fall Safety Week, resources on OHV safety, or to find an SVRA near you, please visit ohv.parks.ca.gov.

A Big Thank You to Our Partners

The OHMVR Division is grateful to its partners – Tread Lightly! Initiative, California Highway Patrol, California Outdoor Recreation Foundation, Specialty Vehicle Institute of America, ATV Safety Institute (ASI),  Recreational Off-Highway Vehicle Association (ROHVA), Motorcycle Industry Council and Motorcycle Safety Foundation (MSF) – for their invaluable support in making Fall OHV Safety Week a success.

About the OHMVR Division

California’s OHMVR Program was created in 1971 out of the critical need to better manage the growing demands for OHV recreation, while fostering respect for private property rights and protecting the state’s natural and cultural resources. Today, there are nine SVRAs across California: Carnegie, Clay Pit, Eastern Kern County Onyx Ranch, Heber Dunes, Hollister Hills, Hungry Valley, Oceano Dunes, Ocotillo Wells and Prairie City. The OHMVR program also supports safe and responsible OHV recreation beyond the state park system. Since 1971, more than $833 million in grants, managed by the OHMVR Division, have been awarded to federal and local partners, funding acquisition and development, resource protection, safety and education, and law enforcement for OHV recreation. For more information about the OHMVR Division, including grant opportunities, please visit ohv.parks.ca.gov.

In October 2020, the California OHMVR Commission passed a resolution dedicating two weeks of the year to promote and focus on safe and responsible OHV practices.

California State Parks Foundation celebrates passage of Proposition 4

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Sources: Yes on 4 campaign, CA Secretary of State

SACRAMENTO, CA – On Wednesday, Nov. 6, 2024, the California State Parks Foundation released the following statement reacting to the passage of Proposition 4 –The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. The passage of Prop 4 authorizes up to $10 billion in bonds to help the state become more climate resilient. The investments in state parks will include $175 million in deferred maintenance, $50 million in sea level rise adaptation projects, and $200 million to build parks and recreational facilities in local communities.

“While there are many votes still left to count, we are optimistic that voters passed Prop 4 by a wide margin,” saidRachel Norton, Executive Director of California State Parks Foundation. “We thank California voters for choosing to supply California’s state park system with desperately needed resources to make our state parks more resilient to extreme weather, sea level rise, wildfires, and other impacts driven by climate change. These funds will also update state park infrastructure, help California acquire new parklands, and create recreation opportunities in local communities.

“As California’s economic fortunes have changed the past few years, and budget surpluses became budget deficits, state parks have faced steep cuts. The passage of Prop 4 is an important step in reversing the budget reductions that cut the deepest.”

ABOUT CALIFORNIA STATE PARKS FOUNDATION

California State Parks Foundation, an independent, member-supported nonprofit with over 50 years of history, is dedicated to protecting and preserving the California state park system for the benefit of all. We work in parks and in Sacramento with partners, park staff, and policymakers to address the challenges parks face. To make real and lasting change we are working to build a movement of people who enjoy and advocate for their parks now, and for future generations. Learn more at www.calparks.org, or find California State Parks Foundation on Facebook, or Instagram and Twitter/X (@calparks).

CHP receives $2 million federal grant to crack down on dangerous sideshows, street racing in state

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Sideshow in Antioch on May 29, 2021. Source: Antioch Police drone video screenshot

Helps fund the STREET III – Sideshow, Takeover, Racing, Education, and Enforcement Taskforce

By CHP Media Relations

SACRAMENTO, Calif. – The California Highway Patrol (CHP) received $2 million in federal funding that will expand its major crackdown on dangerous sideshows and street racing statewide, holding participants and organizers accountable for reckless driving behaviors.

Federal funding for the Sideshow, Takeover, Racing, Education, and Enforcement Taskforce (STREET III) grant comes after the CHP received $5.5 million in state funding to combat illegal street racing and sideshow activities, resulting in a 40% decrease in illegal sideshow incidents from 2021 to 2022. The STREET III grant aims to reduce the number of fatal and injury traffic crashes attributed to reckless driving, street racing, and sideshows. The CHP will implement a public awareness campaign to tackle these unlawful activities and conduct specialized enforcement operations such as excessive speeding behaviors where motorists are traveling more than 100 mph on state highways. Last year, CHP officers participating in specialized speed enforcement operations from January 2023 to July 2024 issued over 30,000 citations to motorists exceeding 100 mph.

“Sideshows and street takeovers are reckless, criminal activities that endanger our communities and make streets less safe. We have seen too many people killed or hurt at these illegal events. California will continue to ramp up our efforts to crack down on sideshows. For anyone considering attending a sideshow: know that not only do you risk getting hurt at these events, but you also risk the potential loss of your vehicle,” said Governor Gavin Newsom.

Since February, the CHP has made 1,125 arrests, seized 110 illegal guns, and recovered more than 2,000 stolen vehicles in Alameda County and the East Bay alone. Last month, Governor Newsom signed four bills into law that impose stricter penalties and strengthen law enforcement’s ability to combat sideshows and street takeovers.

“The CHP’s top priority is the safety of our communities. This new grant allows us to strengthen our efforts in addressing the growing issues of sideshows and illegal street racing, which endanger lives and disrupt neighborhoods,” said CHP Commissioner Sean Duryee. “By increasing patrols, deploying advanced technology, and partnering with local organizations, we are committed to making our roads safer and holding those responsible for reckless driving accountable.”

Alongside allied agencies, the CHP established task forces to tackle the challenges posed by street racing and sideshows.  In addition, social media initiatives have been introduced to enhance public awareness regarding the dangers associated with aggressive driving behaviors, including illegal street racing and sideshows. The STREET III grant allows for a campaign starting this month through September 30, 2025.

Funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

CHP secures $700K federal grant to boost motorcycle safety, awareness across state

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By CHP Media Relations

SACRAMENTO, Calif. – The California Highway Patrol (CHP) is launching Get Educated and Ride Safe VII (GEARS VII), a yearlong program that focuses on education and enforcement strategies to reduce motorcycle-related crashes and fatalities. The CHP received a $700,000 federal grant to fund the program.

Provisional data from the federal fiscal year 2022-23 highlights the urgent need for such measures, with more than 7,000 motorcycle-involved crashes, resulting in 336 fatalities and more than 6,300 injuries within CHP jurisdiction.

“This grant will significantly enhance the CHP’s motorcycle safety and awareness programs by allowing us to continue educating both motorcyclists and drivers on safe practices,” said CHP Commissioner Sean Duryee. “It’s a vital reminder that whether you’re driving a car or riding a motorcycle, everyone shares the responsibility for keeping our roads safe.”

Throughout the grant period, CHP is ramping up motorcycle safety activities in regions with high crash rates and will participate in statewide and national traffic safety public awareness campaigns, including “National Motorcycle Ride Day” which was held on Saturday, October 12, 2024. These efforts will promote the use of U.S. Department of Transportation-compliant helmets and emphasize the importance of sharing the road with motorcyclists. Additionally, the CHP will increase enforcement in areas with motorcycle-involved crashes caused by speed, improper turns, and driving under the influence of alcohol and/or drugs.

Funding for this program is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.