Assembly is now in session.
Assembly member Chen notices the absence of a quorum.
The Sergeant at Arms will prepare the chamber and bring
in the absent members.
Clerk will call the roll.
Addis.
Curry.
Aarons.
Alaniz.
Alvarez.
Arambula.
Avila.
Farias.
Baines.
Bauer-kahan.
Bennett.
Berman.
Burner.
Bonta.
Brian.
Calderon.
Carlos.
Carrillo.
Castillo.
Chen.
Connolly.
Davies.
DeMaio.
Dixon.
El-hawary.
Ellis.
Azali.
Flora.
Fong.
Gabriel.
Gallagher.
Garcia.
Gibson.
Jeff.
Gonzalez.
Mark.
Gonzalez.
Chadwick.
Haney.
Hairabedian.
Hart.
Hoover.
Irwin.
Jackson.
Carlaw.
Krell.
Lackey.
Lee.
Lowenthal.
Macedo.
Doe.
McKenna.
Masucci.
Quinn.
Ortega.
Pacheco.
Papin.
Patel.
Patterson.
Pellerin.
Petrie-norris.
Quirk-silva.
Ramos.
Ransom.
Celeste.
Rodriguez.
Michelle.
Rodriguez.
Rogers.
Rubio.
Sanchez.
Schiavo.
Schultz.
Sharpe.
Collins.
Solis.
Soria.
Stephanie.
To.
Tangipahoa.
Valencia.
Wallace.
Ward.
Wicks.
Wilson.
Zuber.
Mr.
speaker.
Members.
The quorum is present.
We ask our guests and visitors in the rear of the chamber
and in the gallery to please stand for our prayer.
Today's prayer will be offered by Reverend Patty O'Shea.
Reverend.
Doctor.
>> Please join me in a moment of reflection.
This past Monday, I returned to my hometown of Fowler to attend
the funeral for Jane Nagata.
She was 95 years old, and she was my late mother's
best friend growing up.
Her three children, Brian, Kevin, and Colleen, were
best friends with my sister, brother and me.
The temple was overflowing.
Friends traveled from out of state and even
from Japan to be there.
It was a great tribute to her and a nostalgic
community reunion.
Many of us have not seen each other in decades.
Family and friends commented that she lived a full life,
but a full life is not a life full of happiness.
In her 95 years, my Auntie Jane experienced
the fullness of life.
She lived the full spectrum of life.
Auntie Jane knew the happiness of love in her marriage to uncle
Tom, but also knew the profound losses of her husband of 60
years in 2014 and her son Kevin, to cancer in 2021.
In her lifetime, she knew the meaning of joy and pain,
fulfillment and despair.
She lived through a time of hatred so deep her
family home was burned to the ground, leaving them no
place to return to after being released from forced
incarceration during the war.
She knew what it was to live in fear, and she felt the safe
embrace of acceptance.
When her husband, Tom was elected mayor of
Fowler in the 1970s.
Auntie Jane knew what it meant to start over
again with nothing.
Just doing the best you can.
And I know that her life in many ways mirrored
the hardships and joys of my parents generation.
In attending Auntie service, I found myself going home,
not just physically.
I returned to the memories of my childhood, revisited my
roots, and reconnected with people whose entire families
remained a part of who I am.
Let's not wait too long to go home, to reconnect with
the people whose lives have given meaning to our own.
Let's let them know that they've made a difference.
And if home is too far, let's hold them in our
hearts and thank them with our deep gratitude.
As I am right this very moment.
Now mommy does so with kindness and gratitude beyond words.
We ask our guests and visitors to remain standing to join us
in the flag salute.
Assembly Member Jeff Gonzalez would lead us in
the Pledge of Allegiance.
>> Please join me as we recite the Pledge of Allegiance.
Ready?
Begin.
>> I pledge allegiance to the flag of the United States
of America and to the Republic for which it stands.
One nation under God, indivisible, with liberty
and justice for all.
You may.
Be seated.
To our guests and visitors today.
State law prohibits persons in the gallery from interfering
with legislative proceedings or disrupting the orderly
conduct of official business.
Persons disrupting legislative proceedings are subject to
removal, arrest, or other appropriate legal remedies.
Reading of the previous day's journal.
Assembly chamber, Sacramento, Thursday, March 6th, 2025.
The Assembly met at 9 a.m..
The honorable Josh Lowenthal, speaker pro tempore of
the Assembly, Majority Leader.
Aguilar, Cory moves and Mr.
Tarr seconds that the reading of the previous day's journal
be dispensed with.
Presentations and petitions.
There are none.
Introduction and references of bills will be deferred.
Reports of committees will be deemed read and amendments
deemed adopted.
Messages from the governor.
There are none.
Messages from the Senate.
There are none.
Moving to motions and resolutions.
The absences for the day will be deemed read
and printed in the journal.
Madam Majority leader.
You are recognized for your procedural motions.
>> Good morning, Mr.
Speaker.
I request unanimous consent to suspend Assembly rule
118A to allow Assembly Member Patel to have a guest
seated at her desk today.
Without objection, such shall be the order.
Pursuant to Assembly Bill nine.
Assembly rule 96.
The request unanimous consent to rerefer
the following bills AB 418.
Wilson from the Appropriations Committee to the Judiciary
Committee AB 866.
Ortega from the Banking and Finance Committee to
the Judiciary Committee, then back to the Banking and Finance
Committee and AB 1065.
Ortega from the Banking and Finance Committee to
the Judiciary Committee, then back to the Banking
and Finance Committee.
Without objection, such shall be the order.
I request unanimous consent to suspend Assembly Rule 56, to
allow Appropriations Committee to notice the following
bills for their hearing on Wednesday, March 19th AB 253.
B253 award pending rereferral from the Local
Government Committee.
AB 493 rubidium pending Rereferral from the Banking
and Finance Committee.
AB 597 and pending rereferral from the Insurance Committee.
Without objection, such shall be the order.
Assembly member DeMaio.
You're recognized.
>> Point of order, Mr.
Speaker.
It was noted that there were no messages from the governor,
but it is my understanding that the governor has
transmitted a message to this body that the Medi-Cal program
is on the brink of financial insolvency.
Can you double check the messages from the governor?
We've not received any messages formally at the desk.
Assembly Member Patel, you are recognized for
your guests introduction.
Members, can I have your attention?
>> Hi.
Good morning everybody.
Thank you, Mr.
Speaker.
Today I am honored to have at my side my daughter Aadhya Nayak.
She has chosen to spend her spring break with
me here in Sacramento.
Instead of doing one of the numerous other enjoyable
things she could have chosen.
She's a sophomore in college at Occidental College,
and she's studying diplomacy and world affairs with
a minor in cognitive science.
Please welcome my daughter, Ardeonaig to the chamber.
Welcome to the California Assembly.
Members will now be moving on to business on the daily file.
Second reading clerk will read.
Assembly Bill 414 14 299 and Assembly Bill
253 with amendments.
All bills will be deemed read.
All amendments will be deemed adopted.
On to the Assembly.
Third reading.
We are going to pass and retain on file items four
through six and move to file items seven AB three 1021 by
Assembly Member Schultz.
The clerk will read.
Assembly Bill 321 by Assembly Member Schultz.
An act relating to Crimes.
Assembly member Schultz, you are recognized.
>> Yes.
Good morning, Mr.
Speaker, and members, I rise today to introduce Assembly Bill
321, which is affectionately known as the Better Informed
Decisions Act.
I have a very short summary today and then I hope to
engage in a fruitful debate.
But here's what you have to understand about the state
of California law.
We have misdemeanors.
We have felonies often categorized as straight
felonies, serious violent felonies.
And we have a category of offenses referred to
as wobblers, in which the prosecutor is able to,
depending on the facts and circumstances of the case,
determine whether it's more appropriately charged as
a felony or a misdemeanor.
Now, back in the day before California courts were
consolidated, we had separate municipal and superior courts.
There was a long standing rule that once the seventh, we call
it a penal code, 17 B once the motion was entertained
once and it had to be raised either at or immediately after
the preliminary hearing.
From that point in time to the time of sentencing,
the motion could not be raised.
Now, California courts have consolidated, and with
the emergence of new digital technology, very often new
evidence comes to light after a preliminary hearing.
Think, for example, an iPad or an iPhone that's being imaged
and forensically processed by your local sheriff's department.
If new evidence should come to light, that would raise
an argument that a wobbler that was charged as a felony
is more appropriately charged as a misdemeanor.
The court is unable to review that claim until
the time of sentencing.
This results in a lot of wasted time, effort and money as we
navigate the court system.
The Better Informed Decisions Act does not add
to the courts any power that they do not already possess.
But what it does do is give the courts the ability to review
that prosecuting decision at any stage of the proceeding.
And I'll simply close with this, Mr.
Speaker, at a time when we all should be concerned about due
process and the weaponization of prosecution, I think that
something like the Better Informed Decisions Act is
exactly what we need right now to promote accountability
and transparency in our justice system.
With that, I respectfully ask for your I vote.
Thank you.
Assembly member.
Schultz.
Assembly member DeMaio, you are recognized.
I rise to oppose Assembly Bill seven.
Um, California voters literally just voted in the November
election to indicate their desire that they do not
want to see us watered down felonies to misdemeanors,
that they do not want us to undercut our district attorneys
and prosecutors as they try to hold criminals accountable.
And unfortunately, this bill has raised a lot of opposition
from individual district attorneys and prosecutors
across the state.
It allows liberal or pro-criminal judges to literally
in the middle of the proceedings to undercut a prosecutor's case.
It gives them that license.
Now, as the author of the bill has acknowledged, there are
a variety of safeguards already in state law for due
process and consideration of additional evidence.
But to undercut our prosecutors seems to me not only to raise
the risk of public safety and undercut our prosecutors in
holding criminals accountable, but more importantly, is
completely inconsistent with the loud mandate delivered
and rendered by the voters just this past November.
This body has not fully funded proposition 36 implementation.
So in other words, what we're saying is we we know what
the voters said, but we're not going to fund it.
So we're going to try to invalidate the real desire that
they expressed with prop 36.
And now with this bill, it goes even further to once
again put on the books state law that would water down
felonies to misdemeanors.
So I urge my colleagues, listen to the voters, understand we
have a crime wave.
Protect the discretion of prosecutors to allow
them to make their case.
Existing state law allows, as the author just noted,
consideration of additional evidence in due course.
I urge a no vote.
Thank you.
Assembly member DeMaio.
Assembly member Kalra, you are recognized.
>> Thank you, Mr.
Speaker, and thanks to our colleague for bringing
this bill forward.
I think it's obvious our colleague from San Diego has
a lot of opinions, but does not have a law degree.
The reality is, is it's not watered down anything in
regards to the outcome in a criminal justice procedure.
What this does, having actually conducted and been
part of literally hundreds of preliminary hearings,
this has to do with giving the judge the ability to use
their discretion to determine when a particular case may
warrant being reduced from a felony to a misdemeanor
based upon the evidence.
Now, a preliminary hearing.
The reason why this is significant is right now,
the judge only has the ability to do that up until the time
of the preliminary hearing.
So what is a preliminary hearing?
A preliminary hearing is an earlier portion of criminal
proceedings, where a district attorney has the burden of
showing that there is I mean, essentially it's a probable
cause hearing.
So a juror or a district attorney would have to
show merely a reasonable suspicion that a crime was
committed by the defendant.
That is a far lower burden than beyond a reasonable doubt.
So what does that mean for practical purposes?
Is that at a preliminary hearing, a prosecutor
does not present all the evidence they have.
They may not even have all the evidence that they
feel is necessary for trial, because many felony
cases take not just weeks but months to get to trial.
So but the between the time of a preliminary hearing
and the actual jury trial is when a lot of the work
is done in terms of not just investigation,
but preparation for trial.
And a lot of that evidence is thereby presented to the court.
And the defense attorney and the defense attorney also
has now, with that new evidence, the ability to present more
evidence in preparation for trial to the court as well.
And that is why it's relevant to give all sides the opportunity
to not only gather evidence, but allow the judge to make
a determination now with more evidence on their desk as to
whether a case warrants being reduced to a misdemeanor.
That's all this does.
It has nothing to do with ballot initiatives.
It has nothing to do with the voters saying this or that.
In fact, this will save taxpayers a whole ton of money
because the actual evidence that is going to be presented
at trial is now going to be presented to a judge to make
a determination if the case is warranted, to be reduced
to a misdemeanor.
So that's all this does.
Don't be don't allow the scare tactics and the ignorance to
push us in some direction that some folks like to continue to
go, even though it has nothing to do with that.
Thank you.
Assembly member Kalra.
Assembly member Habib, you are recognized.
>> Thank you, Mr.
Speaker.
And I want to first say thank you to my colleague from
Burbank for bringing this bill.
I rise in strong support.
I want to remind our colleagues that this passed
unanimously out of Public Safety Committee, and I think
we have very Smart folks from both sides of the aisle on
that committee that studied this bill, that discussed
this bill with the author, with the constituents
and folks on both sides.
I also, as a prosecutor, have done hundreds of
preliminary hearings.
I was on the opposite side of those preliminary hearings
from my friend from San Jose.
But I appreciate his comments.
This is all about trying to get the decision right based
on the evidence, based on the case, as it makes its way
through our justice system.
Our victims are still going to get their day in court.
Our victims are still going to get justice.
All we're doing is making sure that it is fair, it's equitable,
and it's evidence based.
And I will tell you, getting charged with a felony versus
a misdemeanor is a life changing, life changing
decision that should not be taken lightly.
And our members of the bench do not take this lightly.
Do not let anyone Confuse any sort of issue about
certain judges and certain jurisdictions doing things
to play with people's lives.
We are trying to get all issues right here on this
floor and in the committee.
The Public Safety Committee got it right by voting
unanimously to get it here.
And I strongly encourage and I vote.
Thank you.
Assembly member, Barbadian Assembly member, Brian,
you are recognized.
>> Thank you, Mr.
Speaker.
Colleagues, I just want to echo some of the comments
that have been said about our colleague from Burbank.
One of the prosecutors on this floor who's actually
prosecuted cases and the chair of our public safety committee,
this bill moved out of public safety with unanimous support
and the support of the District Attorneys Association.
And the bill has not changed even a little bit from
the time that it went from committee to this floor.
Whenever we have thoughtful prosecutors and public defenders
in agreement that this makes the system more fair, we have
to tune out the fearful rhetoric and do what's right governing.
And I respectfully ask for your I vote.
Thank you, Assembly Member Brian.
Seeing and hearing no further debate.
Assembly member Schultz, would you like to close?
Yes, briefly, Mr.
Speaker.
Colleagues, I thank you for listening to all of
the discussion today.
I do respectfully ask for your I vote, and I do want to
emphasize one point that my two colleagues brought up.
California District Attorneys Association did support it.
I understand that some of them have reached out
to you individually.
I will state right now on the record, not one
elected district attorney in the state of California
has reached out to me.
Should this bill move to the Senate.
You have my commitment to have those conversations
and to hear their concerns.
But it was passed on a bipartisan basis without
opposition, out of committee.
This is absolutely the right thing to do.
And I'll simply wrap with this.
Mr.
speaker, over ten years I've spent in the courtroom, like
many of you, prosecuting cases, and I have never once
feared answering the question.
Mr.
Schultz, why do you believe this is a felony as opposed
to a misdemeanor?
I respectfully submit that those who have nothing to
hide have nothing to fear.
And with that, I ask for your I vote.
Thank you, Assembly member Schultz.
All debate having ceased.
The clerk will open the roll.
All those vote who desire to vote.
Clerk will close the roll and tally the votes.
Ayes 46.
Noes five.
The measure passes.
We are going to pass and retain on file items eight and nine
and on to file item ten.
ACR 47 by Assembly Member Chen.
Clerk will read.
Assembly Concurrent resolution 47 by Assembly Member Chen.
Relative to National Surveyors Week.
Some member Chen, you are recognized.
>> Thank you, Mr.
Speaker and members, for allowing me to present ACR 47
honoring March 16th through 22nd as National Surveyors
Week in California.
Land surveyors have uniquely important role in
the development of our state.
It requires collaboration and precision in a state as
geographically diverse as the state of California.
They have their work cut out for them.
One of our oldest professions, land surveying, has changed
quite a bit over the years.
What hasn't changed, Mr.
Speaker, is the importance of these surveyors to our
communities.
They truly are our unsung heroes.
Today, we formally honor the contributions of over 4000
professionals, land surveyors in the state of California.
Members ask that you please join me in commemorating
March 16th through 22nd as National Surveyors Week.
Thank you, Assembly Member Chen.
Would you like the first role to be open for coauthors?
Yes, please.
Okay.
All debate having ceased.
Members, the clerk will open the roll for
coauthors on the bill.
All members vote who desire to vote.
Members.
This is for coauthors.
All those vote who desire to vote.
Clerk will close the roll.
There are 63 coauthors added.
Without objection, we will now take a voice
vote on the resolution.
All those in favor say aye.
Aye.
All those opposed?
No.
The ayes have it.
The resolution is adopted.
Assembly Member Chen, you are recognized for
your guest introduction.
Thank you, Mr.
Speaker.
I would like to turn our members attention to the gallery.
We have a couple of guests with us this morning to celebrate
the passage of ACR 47.
First, the president of the California Land
Surveyors Association and my constituent, Joseph Padilla.
Members, please help me welcome these amazing Californians to
the State Assembly.
Welcome.
Thank you so much.
Assembly member Chen.
Continuing on to business on the daily file, we are going to
pass and retain on file items 11 through 14 to file item 15 AB
387 by Assembly member Alanis.
The clerk will read.
Assembly Bill 387 by Assembly member Alanis.
An act relating to juries.
Family member Alanis.
You are recognized.
>> Thank you, Mr.
Speaker.
Good morning everyone.
AB 387 simply expands the list of jury duty exemptions to
include probation officers.
Probation officers serve as the arm of the courts
and are uniquely involved in the judicial process, working
closely with the courts to fulfill court orders and ensure
those on probation are meeting their requirements.
The success of individuals that are on probation is closely
tied to the attentiveness and effectiveness of probation
officers.
Pulling them away from their duties impacts their
ability to effectively manage critical services for
probation for probationers.
If any member of law enforcement community should be exempt, it
should be probation officers.
This bill enjoys bipartisan support
and I ask for your I vote.
Thank you, Assembly member Alaniz.
Seeing and hearing no further debate, the clerk
will open the roll.
All those vote who desire to vote.
The clerk will close the roll and tally the votes.
Ayes 64.
No.
Zero.
The measure passes.
We are going to pass and retain on file item 16.
And now move on to the second day consent calendar.
Before we vote, we will first take up resolutions
on the consent calendar for the purpose of adding coauthors
on the consent calendar.
Clerk will read the resolutions on the consent calendar.
Assembly Concurrent resolution 46 by Assembly
Member Sawyer relative to Justice Ruth Bader Ginsburg.
Day.
House resolution nine by Assembly Member Larkey relative
to Long Covid Awareness Day and House resolution 22 by
Assembly Member Sawyer relative to Groundwater Awareness Week.
Clerk will now open the roll to allow any member to add on as
a coauthor to the resolutions on the Consent Calendar.
Members.
This is for coauthors.
All those vote who desire to vote.
All those voted.
Desire to vote.
Clerk will close the roll.
There are 64 coauthors.
Moving to a vote on the consent calendar.
Does any member wish to remove an item from
the consent calendar?
Seeing and hearing none.
The clerk will read the second day consent calendar.
Assembly.
Concurrent resolution 46 by Assembly Member.
Soria.
Relative to Justice Ruth Bader Ginsburg.
Day.
Clerk will open the roll on the consent calendar.
All members vote who desire to vote.
The clerk will close the roll and tally the votes.
Ayes 68.
No.
Zero.
Consent calendar is adopted.
Clerk will read the remaining items on the consent calendar.
House resolution nine.
Ayes 60 800.
House resolution 22.
Ayes 60 800.
And Senate Concurrent Resolution 17.
Ayes 60 800.
Moving on to announcements, set session schedules as follows.
Friday, March 14th no floor session.
No check in session.
Monday, March 17th floor session at 1 p.m..
Seeing and hearing no further business.
I'm ready to entertain a motion to adjourn.
Majority Leader Aguilar Curry moves and Mr.
Lackey seconds that this House stands.
Adjourned till Monday, March 17th at 1 p.m..
That's Saint Patrick's Day.
Quorum call is lifted and we are adjourned.