Callahan & Blaine

Today will be Governor Jerry Brown’s last day in office. As he departs he has signed over 1,000 new laws for California. We have collected some of the more noteworthy new law California laws for 2019 here.

CRIMINAL JUSTICE & PUBLIC SAFETY

Minimum Age for Prosecution
Senate Bill 439 establishes 12 years as the minimum age for prosecution in juvenile court, unless a minor younger than 12 has committed murder or rape. The bill takes effect Jan. 1, 2019.

Juvenile Justice
Senate Bill 1391 eliminates the ability to try a defendant under the age of 16 as an adult, thereby sending them to prison instead of a juvenile detention facility. The bill takes effect Jan. 1, 2019.

Police Transparency
Assembly Bill 748 requires that the images of body cameras on police officers and any other audio recording acquired by a police agency be disclosed to the public. This must be done within 45 days after a police shooting or excessive force causes death or injury to a person. The bill takes effect Jan. 1, 2019.

Police Transparency
Senate Bill 1421 allows public access to police records in cases of force, as well as investigations that confirmed the lack of honesty in the work or sexual misconduct.The bill takes effect Jan. 1, 2019.

Gun Control
Senate Bill 1200 eliminates fees for requesting a Firearms Violence Restraining Order (GVRO) and adds ammunition and bullet drums to the list of items related to firearms that can be confiscated. The bill takes effect Jan. 1, 2019.

Domestic Violence and Firearms
Assembly Bill 3129 prohibits anyone convicted of a misdemeanor domestic violence offense after January 1, 2019 from possessing a firearm for the rest of their lives.

Conceal Carry Weapon Permit Training
Assembly Bill 2103 requires gun owners with a concealed carry license to undergo a minimum of eight hours of training, and demonstrate proficiency and safety on the shooting range. Before, C-C-W applicants could get their permit without ever shooting a gun.

Long Gun Restrictions
SB 1100 prohibits anyone younger than 21 from purchasing a long gun, such as a rifle or shotgun, from a licensed firearms dealer. However, the law includes an exemption for law enforcement officers, members of the military and anyone who possesses a valid, unexpired hunting license.

Drunk Driving Ignition Interlock Devices
Senate Bill 1046 requires Californians found guilty of driving under the influence to temporarily install breathalyzers in their vehicles to get their driver’s licenses back.The bill takes effect Jan. 1, 2019.

IN THE WORKPLACE

Criminal History and Applications for Employment
Senate Bill 1412 specifies that employers will be allowed to ask an applicant, or another source, about a particular conviction of the applicant, if:

1. Employers are required to obtain information regarding a particular conviction of the applicant, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.
2. The applicant would be required to possess or use a firearm in the course the job.
3. The applicant with a particular conviction is prohibited by law from holding the position sought, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.
4. Employers are prohibited by law from hiring an applicant who has that particular conviction, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.

Board of Directors Equality
Senate Bill 826 requires that by December 31, 2019, a publicly held corporation, domestic or foreign, whose executive offices are located in California to have a minimum of one female director on its board of directors. The bill takes effect Jan. 1, 2019.

Overtime for Agricultural Workers
Assembly Bill 1066 mandates that agricultural workers will receive an overtime payment in their salaries. This regulation will slowly increase the wages for extra hours for agricultural employees over a period of four years. Changes begin on Jan. 1, 2019 for employers who hire more than 25 employees.

Street Vendors
Senate Bill 946 protects the activity of street vendors in the state and allows them to sell on the streets. However, under this measure, local authorities will have the power to establish regulations based on aspects of health, safety and public welfare. The bill takes effect Jan. 1, 2019.

Breastfeeding at Work
Assembly Bill 1976 requires employers to make reasonable efforts to provide a room or place for breastfeeding that is not a bathroom. The bill takes effect Jan. 1, 2019.

Waiver of Legal Claims
Senate Bill 1300 prohibits employers in California after Jan. 1, 2019, from forcing employees to sign a nondisparagement agreement to release the employer of claims, including for sexual harassment, as a condition for a raise or bonus, or as a condition of employment. That said, there are exceptions when the employees voluntarily agree to waive rights in an agreement. The bill also strengthens sexual harassment training by authorizing employers to provide bystander intervention training. The bill takes effect Jan. 1, 2019.

Protection Against Lawsuits in Cases of Harassment Complaints
Assembly Bill 2770 protects people from the threat of a defamation lawsuit when a sexual harassment allegation to an employer is “based on credible evidence” and without malice. The law was passed after the state’s defamation laws were identified as sometimes deterring victims and witnesses from making complaints or communicating information about harassers to others. Also, it protects companies with knowledge of the harassing activity and allows them to warn other potential employers without the threat of a defamation lawsuit. The bill takes effect Jan. 1, 2019.

Confidentiality Agreements
Senate Bill 820 applies to private and public employers in California and outlaws secret settlements or nondisclosure agreements of factual information in cases involving allegations of sexual assault, harassment or discrimination. It also grants claimants in sexual abuse or sex discrimination cases the option to keep their name private. The bill takes effect Jan. 1, 2019.

ENVIRONMENT AND HEALTH LAWS

Plastic Straw Ban
Assembly Bill 1884 limits restaurants statewide to giving out single-use straws only upon request of customers. It applies to full-service dining establishments but exempts fast food restaurants. Restaurants violating the law could be fined $25 daily for violations, or a maximum of $300 per year. The bill takes effect Jan. 1, 2019.

Healthy Child Drinks in Restaurants
Senate Bill 1192 mandates that child meals in restaurants that come with a drink have a “healthy” beverage as the drink default option, such as milk, water, sparkling water or flavored water with no added natural or artificial sweeteners. The bill takes effect Jan. 1, 2019.

Craft Distillers
Senate Bill 1164 raises the amount of spirits California’s craft distillers can produce, while also keeping craft distillers below the production levels of the larger brewers. The law also allows craft distillers to operate more like the state’s wineries and breweries by giving them the opportunity to sell their products to visitors even when they do not taste the beer. The bill takes effect Jan. 1, 2019.

Sale of Pets
Assembly Bill 485 prohibits the sale of breeding dogs, cats and rabbits in pet stores and requires that these animals be obtained from animal shelters or rescue groups. The bill takes effect Jan. 1, 2019.

Home Cooking as a Microenterprise
Assembly Bill 626 allows cities and counties to authorize and regulate the sale of home-made foods. The bill takes effect Jan. 1, 2019.

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