New California laws in 2017: Human trafficking, car seats, cell phones and more
Submitted by paula on Fri, 12/30/2016 - 10:15pm
Denim is now the state’s official fabric to recognize its role in California history, and every autographed collectible sold in California must come with a certificate that verifies it's not a forgery. Those are just two of 898 new laws facing Californians in 2017.
Here are just a few of them compiled in part by California Highway Patrol (CHP):
Assault weapons (SB 1446): Voters passed a law that requires Californians who own gun magazines with more than 10 rounds to give them up starting Jan. 1. Buyers must undergo a background check before buying ammunition and will be barred from buying new weapons that have a bullet button, which were developed by gun manufacturers to get around the state’s assault weapons ban. A bullet button allows a shooter to quickly dislodge the magazine using the tip of a bullet.
Minimum wage (SB 3) California’s minimum wage will increase from $10 an hour to $10.50 an hour for businesses with 26 or more employees. It will gradually increase to $15 an hour in 2022. The law delays increases by one year for smaller employers.
Child safety seats (AB 53) Although this law was passed during the 2015 legislative session, it takes effect January 1, 2017. Children under two years of age must ride rear-facing in an appropriate child passenger safety seat. Children weighing 40 or more pounds, or standing 40 or more inches tall, are exempt. California law continues to require that all children under the age of eight be properly restrained in an appropriate child safety seat in the back seat of a vehicle.
Vehicles: Use of Wireless Electronic Devices (AB 1785) Motorists are no longer permitted to hold a wireless telephone or electronic wireless communications device while driving a motor vehicle. Rather than holding the device, it must be mounted in the 7-inch square in the lower corner of the windshield farthest removed from the driver or in a 5-inch square in the lower corner of the windshield nearest to the driver. Another option is to affix the device to the dashboard in a place that does not obstruct the driver’s clear view of the road and does not interfere with the deployment of an airbag. The law does allow a driver to operate one of these devices with the motion of a single swipe or tap of the finger, but not while holding it.
Driving under the influence: Ignition Interlock Device (SB 1046) This law requires a driving under the influence (DUI) offender to install an ignition interlock device (IID) on their vehicle for a specified period of time in order to get a restricted driver license or to reinstate their
license. The law also removes the required suspension time before a person can get a restricted license, provided that the offender installs an IID on their vehicle. The law extends the current four-county (Sacramento, Los Angeles, Alameda, Tulare) DUI IID pilot program until January 1, 2019, at which time all DUI offenders statewide will be required to install an IID to have their license reinstated.
Human trafficking (SB 1322) People under 18 years old cannot be charged with prostitution and will instead be treated as victims. This is one of several human-trafficking bills that include raising the age children can testify outside a courtroom from 13 to 15, protecting the victims’ names from disclosure and mandating that they have access to county services.
Vehicle Motorcycles: Lane Splitting (AB 51) Current law does not change; lane splitting by a motorcyclist remains legal if done safely. This bill defines lane splitting as driving a motorcycle, which has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane. The bill permits the CHP to develop lane splitting educational safety guidelines in consultation with other state traffic safety agencies and at least one organization focused on motorcycle safety.
School Bus Safety-Child Alert System (SB 1072) This law requires all school buses, school pupil activity buses, youth buses, and child care motor vehicles used to transport school-age children to be equipped with a “child safety alert system.” Every school is required to have a transportation safety plan with procedures to ensure that a pupil is not left unattended in a vehicle.
Charter Bus Safety Improvements (SB 247) All buses manufactured after July 1, 2020, will be required to have emergency lighting fixtures that will turn on in the event of an impact or collision. The law also requires a bus company to ensure the driver of the charter bus provides oral and written, or video instructions to all passengers on safety equipment and emergency exits on the bus prior to any trip.
Tour Buses: Safety Inspections (AB 1677) This new law requires the CHP to develop protocols for entering into a memorandum of understanding with local governments to increase the number of inspections for tour buses operated within their jurisdiction.
Vehicle registration fee (SB 838) Vehicle registration fee on every vehicle or trailer coach from $43 to $53 beginning April 1.
Sexual assault clarification (AB 2888) Sexually assaulting an unconscious or severely intoxicated person will become a crime ineligible for probation. SB 2888 clarifies that a victim cannot consent to sex while unconscious or incapacitated by drugs, alcohol or medication. The change in the law came after former Stanford swimmer Brock Turner was given six months in jail and released early for assaulting an unconscious woman.
School mascots (AB 30) Beginning Jan. 1, California public schools will be banned from using the name “Redskins” for sports teams and mascots. American Indians regard the term as offensive. Calaveras High School, in Calaveras County, chose to drop the name it used for decades and decided that it would no longer have a mascot at all.
Stricter rules for seizing of cash, cars and other property (SB 4430) It will be tougher for law enforcement to seize someone’s cash, cars or property. A criminal conviction is now required before the police can permanently take from a suspect any assets valued under $40,000.
Powdered alcohol (SB 819) Booze in a powdered form will be illegal to possess, sell, make or use. Powdered alcohol includes spirits, liquor, wine, beer and every other liquid that can be combined with water or any other liquid, but it does not include vaporized alcohol.
Drinking at salons (AB 1322) Beginning Jan. 1, beauty salons and barber shops will be allowed to serve free wine or beer to their clients until 10 p.m.
Businesses and EpiPens (AB 1386) Businesses can stock EpiPens in case there is a need to treat people suffering from life-threatening allergic reactions.The law allows pharmacies to give the devices to colleges, private businesses and other venues that have a plan in place for using them. Gov. Jerry Brown signed the bill because he said it has the potential to save lives, but he called out EpiPen manufacturer Mylan for “rapacious corporate behavior” by raising prices. Click here to read the law.
Right-to-die (SB 128) Terminally ill patients in California will be allowed to use experimental drugs, which do not have full regulatory approval, to decide when they want to end their lives. It authorizes, but does not require health plans to cover investigational drugs and protects physicians from disciplinary actions if they recommend them once other treatment options have been exhausted. The law came about after Brittany Maynard, a Bay Area woman with terminal brain cancer, moved to Oregon before taking her life using drugs.
Gender-neutral bathrooms (AB 1732) Beginning March 1, all single-user toilet facilities in any business or public place to be all-gender facilities.
Homeless students at community college (AB 1995 and AB 1747) Any community college campuses with shower facilities on campus must allow homeless students who are enrolled, paid and in good standing to use the facilities. Also, there is a new law that also requires public and private institutions that offer food services to apply for a state-funded program that provides food for homeless students.
Youth sports health protocol (AB 2007) Just like a previous law aimed at protecting high school student-athletes who may have suffered head injuries, youth sports organizations will be required to notify the parents or guardians of athletes younger than 17 years old who have been removed from activity because of a suspected concussion. It also requires athletic organizations to offer concussion and head injury education to coaches and administrators on a yearly basis. The organizations would also have to comply with athlete removal provisions and return-to-play protocol.
Ban on Spice possession (SB 139) A ban is in place on possession of a synthetic drug called “spice.” The first offense would be an infraction; the second or third offense would be a misdemeanor.
Opioid prescriptions and Doctor Shopping (SB 482) To counter a spike in opioid overdose deaths, prescribers must check a state database to see whether their patients also have received drugs from other physicians.
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