New Laws of 2017

By January 2, 2017 August 31st, 2020 Criminal Defense

Cell Phone Use While Driving is Further Restricted – Vehicle Code section 23123.5

Cell phone use is now further restricted while driving. Up until January of 2017, the only restriction on cell phone use was that you could not use it while driving for either texting or calling without a hands-free device. You could use it to run applications such as mapping or information without restraint.
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Beginning January of 2017, you will now have to have the cellphone mounted on your car if you want to use the device for maps or information, just as a GPS device is mounted. Further, any use of the cellphone will be limited to a “single swipe or tap of the driver’s finger.” A violation of this law is punishable as an infraction and a fine of $20 for the first offense and $50 for any subsequent offense.

Lane Splitting (Motorcycles) is Legitimized – Vehicle Code section 21658.1

Up until now, lane splitting, the practice of a motorcycle driving between cars, was permitted in California, but unregulated. Now section 21658.1 legitimizes the maneuver. The law is what we call in the legal community, an enabling statute. In other words, the statute only provides that the CHP is authorized or enabled to issue regulations on lane splitting. It does not set forth what those regulations are.
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Regarding those regulations, we bet when the CHP issues them, they will set limits on, among other things, a motorcyclist’s speed, times of day (probably commute hours the same for the carpool lane), and distances between cars when lane splitting. It’ll be fun to see. Tell us if we are wrong!

California’s Minimum Wage Goes Up – Labor Code section 1182.12

Beginning 2017, the minimum wage will be increased from $10.00 per hour to $10.50 per hour. Interestingly, this same statute provides for the minimum wage to incrementally increase over the next six years until it reaches $15.00 per hour in the year 2023.
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This law applies to a business defined as having “employees.” That definition does not include people who are employed, for instance, under a collective bargaining agreement, an individual employed by an air carrier, or a state employee who is the recipient of a retirement allowance.

Large Capacity Magazine Regulation –  Multiple Penal Code Sections

Existing law prohibits the sale, gift, and loan of a large-capacity magazine, which is defined as any magazine capable of holding more than 10 rounds of ammunition. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony.
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Existing law does not punish the simple possession of a large capacity magazine. In other words, those who possessed a large capacity magazine at the time it became a crime to sell, gift, or loan it could continue to keep it. Now, it is an infraction to possess a large capacity magazine punishable by $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense. The new laws also specifically require a person possessing a large capacity magazine to dispose of it as specified.

Officers Must Store Guns the Same as Civilians – Penal Code 25140 and 25452

Prior to 2017, an officer was not required to store handguns as required by civilians. However, because of several well publicized incidents involving the theft of officer’s handguns and subsequent use in crimes, officers are now required to store them just as civilians.
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That is, they shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view. A violation of these statutes is punishable as an infraction and a fine of up to $1,000.

Clarification of Sexual Assault Crimes – Penal Code section 1203.065

Existing law prohibits a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of violating specified provisions of law, including rape by force, pandering, aggravated sexual assault of a child, and others.
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The clarification of section 1203.065 will prohibit a court from granting probation if a person is convicted of rape, sodomy, penetration with a foreign object, or oral copulation if the victim was either unconscious or incapable of giving consent due to intoxication. However, the court does have discretion to grant probation for these convictions, but must state on the record why probation would best serve the interests of justice.

The Term “Redskin” Prohibited for School Mascot Names – Education Code

Schools will no longer be able to name their mascots using the term, “Redskin.” However, if a school mascot was named using that term prior to 2017, it will still be able to use uniforms or other materials using that name after January 1, 2017, as long as the term is dropped from the school’s mascot’s name.

Powdered Alcohol is Banned – Business & Professions Code section 25623

Did you know there was such a thing as “powdered alcohol?” Yes, there is and it will be prohibited beginning January 1, 2017. A violation of section 25623 is punishable as an infraction with a fine of up to $500.

Alcohol at the Salon – Business and Professions Code section 23399.5

Existing law provides that a provider of hot air balloon rides or limousine rides does not need a liquor license to provide limited amounts of beer and wine. Now beauty salons and barber shops can serve liquor too without a license because, getting a haircut is a lot more fun when drinking! Yeah! There are some requirements for the salon or barber shop to serve that liquor; 1) their business license must be in good standing, 2) only 12 ounce beers and 6 ounce glasses of wine may be served, and 3) the business may not charge for the beer or wine.

Using and Prescribing Experimental End of Life Drugs – Health and Safety Code sections 443, et sec.

The End of Life Option Act (ELOA) authorizes an adult who meets certain qualifications, and who has been determined by his or her attending physician to be suffering from a terminal disease, as defined, to make a request for an experimental drug for the purpose of ending his or her life. ELOA establishes the procedures for making these requests.
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It also establishes the forms to request an aid-in-dying drug and, under specified circumstances, an interpreter declaration to be signed subject to penalty of perjury. That last part means a new crime now exists. ELOA requires specified information to be documented in the individual’s medical record, including, among other things, all oral and written requests for an aid-in-dying drug.

Gender Neutral Bathrooms – Health & Safety Code section 118600

Commencing March 1, 2017, section 118600 requires all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities, as specified. The statute also authorizes inspectors, building officials, or other local officials responsible for code enforcement to inspect for compliance with the law during any inspection.

Concussion Protocol for Youth Sports Organizations – Health and Safety Code section 124235

Existing law requires a school that offers an athletic program to immediately remove an athlete from athletic activity for the remainder of the day if the athlete is suspected of sustaining a concussion or head injury, and prohibits the athlete from returning to the athletic activity until the athlete is evaluated by a doctor. Existing law also requires the school to provide concussion information to the athlete once a year.
This new law now applies these provisions to athletes participating in youth sports organizations, as defined now to include organizations, businesses, nonprofit entities, or local governmental agencies that sponsor or conduct amateur sports competitions, training, camps, or clubs in which persons 17 years of age or younger participate in any of 27 designated sports.
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Youth sports organizations will now be required to notify the parents or guardians of athletes 17 years of age or younger who have been removed from athletic activities due to suspected concussions, as specified.
The law now requires youth sports organizations to offer concussion and head injury education, or related educational and materials to each of their coaches and administrators on a yearly basis. Coaches and administrators will be required to successfully complete the concussion and head injury education.

Children Who Prostitute Are Victims Not Criminals – Penal Code section 647

Current law makes it a crime to engage in any act of prostitution. Beginning this next year, a person who is under 18 years old will be treated as a victim and not a criminal. This means that instead of being arrested and prosecuted, these children can be taken into protective custody and/or provided resources to help them.
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This law really makes sense because, if you are not old enough to consent to sex, then how can you be old enough to consent to prostitution. These children need help, not incarceration and vilification.

Michael A. Fiumara

About Michael A. Fiumara

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