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New Criminal Laws Effective in California in 2024.
Brief Synopsis: While 2024 began over two and a half years ago, the following list of new laws effective January 1, 2024 may still be news to our readers. The following descriptions of such select laws may also help clarify what such new laws really do (and do not do).
Each year, there are hundreds of new laws that are implemented that change one’s rights and responsibilities. This article will focus on the new criminal laws, which are numerous. However, we have narrowed down our list to the following ten laws that we find of particular interest to our readers. We present these laws in no particular order of importance.
- Location of Prison / Relocating Prisoners to Be Closest to The Inmate’s Children: Assembly Bill 1226. This bill requires the California Department of Corrections and Rehabilitation (CDCR) to assign or reassign an incarcerated person to the correctional institution or facility that is located nearest to the primary place of residence of the person’s child, except as specified. This bill most likely is based on the well-recognized findings that a prisoner’s rehabilitation in prison is more likely when he or she has regular visits from close family members.
- Criminal Resentencing at Any Time by Judge Recalling a Sentence: Assembly Bill 600 now allows a judge the right to recall a sentence at any time (previous law limited judges to doing this only in the first 120 days post sentencing) if applicable sentencing laws are subsequently changed due to new statutes or case law, and makes changes to the procedural requirements to be followed when requests for recall are made. This law amends Penal Code § 1172.1 relating to criminal procedure.
- Making Drug Testing Kits Available in Bars: Assembly Bill 1013 now mandates, as of July 1, 2024, that most nightclubs and bars in California have a drug testing kit available for patrons at the bar who suspect they may have been “roofied.” This law is in response to the problem of so-called “Date Rape” drugs being secretly placed in patron’s drinks in order to cause a person to pass out, leading to sexual assaults. The testing kit will allow a person to put a drop of a drink on a strip to test for such drugs as Gamma Hydroxybutyrate, or GHB (the most common date rape drug), but also ketamine. Businesses can choose whether to charge for the kit or provide it for free.
- Mental Health Diversion – More Available: Assembly Bill 1412 removes borderline personality disorder (BPD) from the mental disorders excluding a defendant from pretrial mental health diversion under Penal Code § 1001.36.
- Revisions to Concealed Carry Laws in Light of U.S. Supreme Court ruling in Bruen: Senate Bill 2 restructures and recasts provisions of law relating to carrying a concealed firearm and concealed carry licenses (CCW’s) in response to the U.S. Supreme Court ruling invalidating New York’s concealed carry law similar to those in California.
- Adding Human Trafficking of a Minor as a Serious Felony (a Strike): Senate Bill 14 designates human trafficking of a minor for purposes of commercial sex as a serious felony and making it a strike for purposes of the Three Strikes Law, except as specified in the statute.
- Prop 47 Deadline Removed: Senate Bill 749 removes the deadline to file petitions for relief for persons seeking reduction of a felony to a misdemeanor under Proposition 47 (Penal Code § 1170.18).
- Canteens Must be Provided for in Prisons: Senate Bill 474 requires the California Department of Corrections and Rehabilitation (CDCR) to maintain a canteen at any active prison and requires the CDCR to provide the necessary facilities, equipment, personnel and merchandise for the canteen and prohibits the sale prices of items offered in the canteen from exceeding 10% above the amount paid to the vendors.
- Access to Showers for Incarcerated Persons: Assembly Bill 353 requires that persons incarcerated at the California Department of Corrections and Rehabilitation (CDCR) be permitted to shower at least every other day.
- Victims Rights to Be Heard at Resentencing Hearings: Assembly Bill 88 requires a judge to hold a resentencing hearing if the victim notifies the prosecution of his or her request to be heard.
For more information about the issues involved in the new laws described above, please click on the following articles:
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