2009 Criminal Laws
The criminal laws of California change frequently and the information provided should not be relied upon as legal advice. Contact a criminal defense attorney for legal assistance in all matters of the law.
Criminal Law and Procedure
CRIMES: SALE OF DISTRIBUTION OF SALVIA DIVINORUM
AF 259, ADAMS, CH. 184
PENAL CODE 379
Makes it a misdemeanor to sell or distribute Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person under 18 years of age.
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Sex Offenders
SB1302, COGDILL, CH 599
PENAL CODE 290, 46, 1203, 065, 1203.67, 12021, 12022.3, 12022.8
Adds the crime of continuous sexual abuse of a child to the list of crimes for which the court shall order the defendant to be psychologically evaluated prior to grant of probation. Adds the crime of sexual acts with children 10 years of age or younger to the list of crimes for which denial of probation is mandated. Adds the crime of sexual battery to the list of crimes disallowing possession of a firearm. Adds the crime of assault with intent to commit a sexual offense to the list of crimes for which enhancements are imposed for inflictions of great bodily injury, weapon use, and being armed with a weapon.
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Imitation Firearms
AB 352, SOLORIO, CH. 422
PENAL CODE 12556
Expands the existing prohibition against openly displaying or exposing any imitation firearm in public place to include any display on the ground of a public school.
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Crimes Against Children
AB 534, SMYTH, CH. 423
PENAL CODE 273i
Makes it a misdemeanor for any person to publish information describing or depicting the physical appearance of a child, the location of a child, or locations where children may be found with the intent that another person imminently uses the information to commit a crime against a child.
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Electronic Communication Devices: Threats to Safety
THREATS TO SAFETY
AB 919, HOUSTON, CH. 583
PENAL CODE 653.2
Makes it a misdemeanor for an individual to use an electronic communication device to distribute a person’s identifying information for the purpose of inciting others to harass that person.
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Controlled Substances
AB 1141, ANDERSON, CH. 292
H&S 11055, 11057, 11377
Makes it a misdemeanor to unlawfully possess Khat, Cathinone, or Cathine.
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Witness Conditional Examination
AB 1158, BENOIT, CH. 14
PENAL CODE 1340
Allows the court to permit the conditional examination of a witness in a criminal trial to be conducted through a contemporaneous, two-way videoconference system upon a determination that the witness is too sick or infirm to attend the examination in person.
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Crimes: Human Trafficking
AB 1278, LIEBER, CH. 258
CIV 1670.7, PEN 784.8
Provides additional procedural tools to combat the crime of human trafficking. Provides that when multiple human trafficking violations occur in more than one jurisdiction, and the offenses involve the same victim or victims, the court shall hold a hearing to consider whether the matter should proceed in the county of filing or whether one or more counts should be severed.
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Crime: Counterfeit Trademarks
AB 1394, KREKORIAN, CH. 431
PENAL CODE 350
Makes it a misdemeanor or felony to willfully manufacture, intentionally sell, or knowingly possess for sale any counterfeit registered trademark .
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Elder Abuse and Dependent Adult Abuse
AB 1424, DAVIS. CH 152
PENAL CODE 166
Makes it a misdemeanor punishable by contempt of court to willfully and knowingly violate certain elder or dependent adult abuse protection or stay-away orders.
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Crimes: Public Employee Benefits
AB 1844, HERNANDEZ, CH 369
ED 22010; GOV 20085, 31455.5
Makes it a misdemeanor for a person to make or present false material statements and representations in connection with the Public Employee’s Retirement Law, the Teachers’ Retirement Law, or the County Employees Retirement Law of 1937, or to aid or abet someone in this regard. Makes it a misdemeanor for a person to knowingly accept, with the intent to keep for personal benefit, a payment form these retirement systems with the knowledge that she or he was not entitled to the benefit.
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Theft: Fire Hydrant Parts
AB 1859, ADAMS, CH 659
PENAL CODE 496e
URGENCY EFFECTIVE SEPTEMBER 30, 2008
Provides that any person who buys or receives, for purpose of salvage, any part of a fire hydrant or fire department connection that has been stolen, shall, in addition to pay other penalty, the subject to a fine not to exceed $3,000.
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Local Correctional Facilities: Contraband
AB 1923, ANDERSON, CH. 190
PENAL CODE 4575
Makes it a misdemeanor for any unauthorized person housed in a local correctional facility to possess any device designated or intended to open or unlatch a handcuff.
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Emergency Telephone System Abuse
AB 1976, BENOIT, CH. 89
PENAL CODE 653y
Provides that a written warning shall be issued for the fist violation of using a 911 system for any reason other than an emergency and increases the fines for the second, third, and subsequent violations to $50, $100, and $250, respectively.
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Criminal Procedure: Discharge of Accusation or Information - Bar to Public Office
AB 2092 DE LA TORRE, CH. 94
PENAL CODE 1203.4
Provides that the dismissal, upon successful completion of probation, on an accusation or information underlying a conviction that prohibits a person form holding office does permit that person to hold office.
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Crimes: Academic Research
AB 2296, MULLIN, CH. 492
PENAL CODE 422.4, 602.12
URGENCY, EFFECTIVE SEPTEMBER 28, 2008
Makes it a misdemeanor for any person to publish information describing or depicting an academic researcher or immediate family member, or identifying the location where an academic researcher or his or her immediate family member may be found, with the intent that another person imminently use the information to commit a crime involving violence or threat of violence against the academic researcher or immediate family member.
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Battering: Writ of Habeas Corpus
AB 2306, KARNETTE, CH 146
PENAL CODE 1473.5
Extends to January 1, 2020, the sunset date on the provision allowing a writ of habeas to be brought where battered women’s syndrome was not admitted at trial but would have been relevant if it had been admitted.
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Child Abuse Reporting: Mandated Reporter
AB 2337, BEALL, CH. 458
PENAL CODE 11165.7
Under the Child Abuse and Neglect Reporting Act, makes it a misdemeanor for an alcohol and drug counselor to fail to report to any police or sheriff’s department a reasonable suspicion that a child has been the victim of child abuse or neglect, whenever the counselor, in his or her professional capacity or within the scope of his or her employment, reasonably suspects such abuse or neglect.
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Sexually Violent Predators
AB 2410, NAVA, CH 155
W&I 6603.3, 6603.5, 6603.7
In a sexually violent predator (SVP) civil commitment hearing, prohibits disclosure of a victim’s or witness’s address or telephone number to the defendant or defendant’s family unless ordered by the court.
Makes willful unauthorized disclosure a misdemeanor. Requires that, in an SVP civil commitment hearing where the defendant is acting as his or her own attorney, contact with a victim or witness only be made through a private investigator. Authorizes the court to identify the victim in all records and during all proceedings in an SVP civil commitment hearing as “Jane Doe” or “John Doe.”
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Crime Weapons
AB 2470, KARNETTE, CH. 676
PENAL CODE 626.10, 12556
Expands the prohibition against bringing or possessing weapons on the grounds of, or within, schools to include any instrument that expels a nonmetallic BB or pellet, and expands the prohibition to apply, in addition to grades K-12, to public or private colleges and universities.
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Vandalism: Penalties - Community Service
AB 2609, DVIS, CH. 209
PENAL CODE 594
Requires the court, when appropriate and feasible, to order a defendant convicted of vandalism consisting of defacing property by graffiti to clean up or repair the property.
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Stun Guns
AB 2973, SOTO, CH. 556
PENAL CODE 244.5, 12655
Replaces the reference to “taser” in the definition of stun gun in the Penal Code with “less lethal weapon” and makes a misdemeanor to sell a less lethal weapon to a person under the age of 18.
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Crimes: Identification Documents
SB 31, SIMITIAN, CH. 746
CIV 1798.79 ET SEQ.
Makes it a misdemeanor for a person or entity to intentionally remotely read or attempt to remotely read a person’s identification document using radio frequency identification without his or her knowledge and prior consent. Makes it a misdemeanor for a person or entity to knowingly disclose, or cause to be disclosed, operational system keys used in a contactless identification document system.
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Crime Communications
SB 129, KUEHL, CH. 109
PENAL CODE 653M
Expands the scope of the current crime of making repeated phone calls or electronic communications with the intent to annoy a person at his or her residence by prohibiting making repeated communications regardless of where the communication is received.
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Criminal Procedure: Commencement
SB 610, CORBETT, CH. 110
PENAL CODE 804
Provides that prosecution begins when a defendant is arraigned on a complaint that charges a felony.
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Criminal Procedure Jurisdiction
SB 612, SIMITIAN. CH. 47
PENAL CODE 786
Provides that a possible venue for trial of an identity theft crime includes the county in which the victim resides. When the victim’s residence provides the sole basis for jurisdiction, grants trial courts the authority to determine whether the county of the victim’s residence is the appropriate place for trial. Requires the court, when ruling on the matter, to consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice.
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Crime: Undetectable Knives
SB 1033, RUNNER, CH. 111
PENAL CODE 12001.1
URGENCY EFFECTIVE JULY 10, 2008
Makes it a misdemeanor for any person to knowingly export any undetectable knife out of this state for commercial, dealer, wholesale, or distribution sale or to offer or expose an undetectable knife, for dealer, wholesale, or distributor sale.
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Crime Street Gangs: Nuisance Damages
SB 1126, CEDILLO. CH. 38
PENAL CODE 186.22a
URGENT EFFECTIVE JUNE 5, 2008
Authorizes the Attorney General, district attorney, or prosecuting city attorney in order to satisfy a money damages award in a nuisance abatement action, to collect assets from a criminal street gang or individual members who knew or should have known of the unlawful act. Provides that only members of the criminal street gang who created, maintained, or contributed to the creation or maintenance of the nuisance are personally liable for the money damages.
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Crimes: Hard Wooden Knuckles
SB 1162, MALDONADO. CH 346
PENAL CODE 12020.1
Adds “hard wooden knuckles” to existing law that makes it a misdemeanor to commercially manufacture, to knowingly import into California for commercial sale and keep for commercial sale, or to offer or expose for commercial sale any hard plastic knuckles.
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Highway Workers: Assault and Battery
SB 1509, LOWENTHAL, CH. 410
PENAL CODE 241.5, 243.65
Makes it a misdemeanor to assault or batter a highway worker engaged in the performance of his or her duties where the person committing the offense knows or reasonable should know that the victim is a highway worker engaged in the performance of his or her duties.
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Burglary Tools: Bump Keys
SB 1554, DUTTON, CH. 119
PENAL CODE 466
Adds “bump key” to the list of tools for which possession with the intent to commit burglary is a misdemeanor.
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Sentencing
SB 1701, ROMERO, CH 416
PENAL CODE 1170, 1170.3
Extends the sunset date from January 1, 2009, to January 1, 2011, until which a court sentencing a defendant in the wake of Cunningham v. California (2007) 549 U.S. 270, 127 S .CT. 856 may impose the lower, middle, or upper term of imprisonment.
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Crime: Clean Air Sticker Misuse
SB 1720, LOWENTHAL, CH. 417
VEH 4463
Makes it an infraction to create, use, sell, or traffic in fraudulent Clean Air Stickers for hybrid vehicles, or fraudulently resell valid Clean Air Stickers.
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The criminal laws of California change frequently and the information provided should not be relied upon as legal advice. Contact a criminal defense attorney for legal assistance in all matters of the law. | 
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