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California Statewide Law Enforcement Association

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Legislative Update

CSLEA Legislative Update – August 14, 2023

Posted on August 14, 2023 by Jennifer Roe, Capitol Advocacy

Jennifer Roe

Overview:

Today, the Legislature reconvenes for the final push to pass the bills remaining before they adjourn for the year on September 14. In the final month, bills with a cost to the state must pass the Appropriations committee by September 1.

Prior to adjourning for summer recess, newly sworn in Speaker Robert Rivas appointed his leadership team. Assemblymember Isaac Bryan, a member of the Assembly Public Safety Committee, is now the Majority Leader. Assemblymember Cecilia Aguiar-Curry has been appointed Speaker pro Tempore.

Legislative Update:

SB 391: Blakespear. Workers’ compensation: skin cancer (CSLEA Sponsored Bill).
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted. This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation. This bill passed unanimously out of the Assembly Insurance Committee and is now awaiting hearing in the Assembly Appropriations Committee.

SB 623, as amended, Laird. Workers’ compensation: post-traumatic stress disorder (CSLEA Sponsored Bill).
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, until January 1, 2025, that, for certain state and local firefighting personnel and peace officers, the term “injury” includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits.

This bill would instead repeal that provision on January 1, 2032, and for injuries occurring on or after January 1, 2024, expand its scope to apply to firefighting members of the State Department of State Hospitals, the State Department of Developmental Services, the Military Department, and the Department of Veterans Affairs, and to additional peace officers, including security officers of the Department of Justice when performing assigned duties as security officers, and the officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, among other officers. The bill would also make that provision applicable to public safety dispatchers, public safety telecommunicators, and emergency response communication employees, as defined. This bill passed unanimously out of the Assembly Insurance Committee and is now awaiting hearing in the Assembly Appropriations Committee.

SB 50 (Bradford) Vehicles: enforcement – OPPOSE
Prohibits peace officers from initiating a traffic stop for a low-level infraction unless a separate, independent basis for a stop exists. This bill will result in decreased enforcement and will make it more difficult to hold offenders accountable for traffic violations, which will in turn put the public at risk. Most importantly the bill deprives peace officers of a very effective investigative tool that’s often used by law enforcement to gather information needed in an ongoing criminal investigation, apprehend a suspect who is wanted for having committed an unrelated criminal violation or to investigate an unrelated offense. The bill is currently in Assembly Appropriations.

SB 94 (Cortese) Recall and resentencing: special circumstances – OPPOSE

This bill creates a process for a person who has been sentenced to life imprisonment without the possibility of parole (LWOP) before June 5, 1990, and has served at least 25 years in custody, to seek a recall of their sentence and be resentenced to a lesser sentence. Recent amendments specify that individuals do not qualify for recall and resentencing if they were convicted of first degree murder of a peace officer, if they were the actual killer of three or more people, or if they were convicted of a sexual offense committed in conjunction with a homicide. The bill is currently in Assembly Appropriations Committee.

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