With their most recent legislative session shortened by the coronavirus pandemic, California lawmakers passed far fewer bills than usual — though that still leaves hundreds of new laws, big and small, that take effect Jan. 1.
Starting in 2021, more California workers get job-protected leave to care for sick family members, corporations will have to diversify their boards, and you won’t be allowed to buy a puppy at a pet store anymore.
But a fiercely fought prohibition on the sale of flavored tobacco products such as fruity vaping cartridges remains on hold, even though the Legislature passed it. The state is now determining whether the tobacco industry and retailers have collected enough valid signatures of registered voters to place a referendum on the November 2022 ballot, asking Californians whether to uphold the ban.
Here are 21 changes that are definitely coming to California in 2021.
Policing: Although lawmakers introduced a flood of proposals in the aftermath of nationwide protests over police brutality and racial justice last summer, they ultimately passed far fewer revisions to policing practices than activists had hoped.
The most consequential new law may be AB1506, which requires the state attorney general to investigate any incident in which an officer kills an unarmed civilian. Critics have pushed for years to take investigations of police shootings out of the hands of local prosecutors, who they argue are reluctant to pursue those cases because of their close relationships with law enforcement agencies.
AB1196 bans officers from using choke holds that apply pressure to a person’s windpipe, as well as a technique known as a carotid restraint, in which an officer applies pressure to the sides of a person’s neck to cut off blood flow and knock the person unconscious. The law was prompted by the death of George Floyd, the Minneapolis man who was killed when a police officer knelt on his neck for nearly nine minutes.
AB846 requires departments to screen prospective officers for biases based on race, ethnicity, gender, religion, disability and sexual orientation, and to rewrite their job descriptions to emphasize community interaction over “paramilitary aspects of the job.” And counties will be allowed to create oversight boards that can investigate their sheriff’s departments under AB1185.
Race: The racial reckoning extended beyond the realm of policing practices. AB3121 creates a task force to study the history of slavery in California and develop proposals for reparations for African Americans, descendants of enslaved people and those harmed by its aftermath. The task force, which will be appointed by the governor and legislative leaders, is expected to begin its work this summer and must report back to the Legislature by June 2022.
AB979 requires corporations headquartered in California to have at least one person from an underrepresented community on their board of directors by the end of 2021. Those directors could be people of color or identify as lesbian, gay, bisexual or transgender. The law is inspired by 2018 legislation requiring companies to appoint women to their boards.
For decades, Native American tribes in California that are not recognized by the federal government have struggled to regain their ancestral remains and sacred objects held by museums and universities. AB275 gives greater standing in the repatriation process to tribes that have historically been excluded.
Criminal justice: California significantly reduced probation lengths, an attempt to focus limited rehabilitative resources and cut down on the number of people returning to jail for technical violations. AB1950 caps probation terms for most misdemeanors at one year instead of three years, and for many felonies at two years instead of five years, except for violent offenses and large financial crimes.
AB1775 takes aim at false 911 calls that target people because of their race, making this type of harassment a potential misdemeanor that could carry a fine or jail time.
The state will no longer require young adults to register as sex offenders for having anal or oral sex with a minor, giving judges the same discretion they have in cases of vaginal intercourse. SB145, which applies to statutory rape offenses involving a teenager ages 14 to 17 and an adult who is less than 10 years older, was intended to eliminate a relic of the historic criminalization of gay sex. But it became a political flash point among conservatives, leading to erroneous accusations that California was trying to legalize pedophilia and prompting online death threats against supporters.
SB132 allows transgender, intersex and gender nonbinary people to decide whether to be housed in a men’s or women’s prison, a safety push for inmates who are raped and assaulted at higher rates than the broader prison population.
Wildfires: California has long relied on thousands of volunteers from its prison system to help battle wildfires, digging fire lines and thinning forests alongside full-time firefighters. Once they are released from prison, however, their criminal records often prevent them from becoming emergency medical technicians, a certification required to pursue a career in firefighting. AB2147 allows people who have trained at state fire camps in prison to petition to have their criminal records expunged.
Housing: Grand ambitions during the legislative session to boost California’s housing stock fell victim to internal politics, battles with interest groups and the coronavirus pandemic. But a few new laws made it through, including AB1851, which clears the way for more religious institutions to build affordable housing on their properties.
Labor rights: California continues its climb toward a $15 minimum wage, despite lobbying by business groups that hoped the state would hit pause during the economic downturn. Businesses with 25 or fewer employees must now pay at least $13 per hour, while those with 26 or more employees must pay at least $14 per hour.
The state is extending its unpaid family leave program to millions of additional workers, giving them up to 12 weeks off to care for a new child or sick family member in a one-year period without losing their jobs. Under SB1383, any business with five or more workers will have to offer these benefits, a far lower threshold than before.
The law also requires employers to maintain health coverage during the time off and expands eligible family members to include domestic partners, grandparents, grandchildren, siblings and parents-in-law. Workers could previously use the unpaid leave only to care for a seriously ill child, parent, spouse or themselves.
The coronavirus pandemic prompted legislators to pass AB685, mandating that businesses tell their employees in writing if they may have been exposed to the virus on the job, and SB275, requiring the state to stockpile personal protective equipment for health care workers and other essential employees. Starting in 2023, hospitals, nursing homes, dialysis clinics and other health facilities will have to maintain their own stockpiles with enough personal protective equipment to last 45 days at surge levels.
Health: With federal efforts to bring down prescription drug costs fizzling, SB852 directs California to partner with pharmaceutical companies to make or distribute generic versions of drugs, including insulin, that are cheaper than brand-name options. It’s a first step toward the state potentially manufacturing its own line of prescription drugs.
There’s a law for that?: AB2152 bans the sale of dogs, cats and rabbits by pet stores, allowing them only to provide space for adoption events hosted by shelters or animal rescue groups.
When youth sports programs eventually resume, football teams will have to limit their full-contact practices to twice per week for 30 minutes only, and have a medical professional on hand at all games, under AB1.
And if you break into a locked car to rescue a young child who is unattended and appears to be in danger, AB2717 protects you from liability, as long as you call the police first.
Alexei Koseff is a San Francisco Chronicle staff writer. Email: alexei.koseff@sfchronicle.com Twitter: @akoseff
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January 01, 2021 at 07:00PM
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Here are 21 new laws for Californians in 2021 - San Francisco Chronicle
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