CAPITOL UPDATE #31 August 18, 2022

AB-1227, Firearms and ammunition: excise tax – Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award grants for the purpose of violence intervention and prevention.

This bill, the Gun Violence Prevention, Healing, and Recovery Act, would, commencing July 1, 2023, impose an excise tax in the amount of 10% of the sales price of a handgun and 11% of the sales price of a long gun, rifle, firearm precursor part, and ammunition, as specified.

The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited the Gun Violence Prevention, Healing and Recovery Fund, which the bill would establish in the State Treasury.

The bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require the passage the approval of 2/3 of the membership of each house of the Legislature.

* This bill passed the Assembly on 1/31/22 and was ordered to the second reading in the Senate on 8/11/22.

SB 836, Evidence: immigration status Existing law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declaring, subject to specified exceptions. Existing law also provides that, in civil actions for personal injury or wrongful death, evidence of a person’s immigration status is not admissible and discovery of a person’s immigration status is not permitted.

Prior law, which was repealed on January 1, 2022, prohibited, in civil actions other than those specified above, the disclosure of a person’s immigration status in open court by a party unless that party requested an in-camera hearing and the presiding judge determined that the evidence was admissible. Prior law, which was repealed on January 1, 2022, applied that prohibition to criminal actions. This bill would reenact those repealed provisions.

The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.Because this bill may exclude from a criminal action information about a person’s immigration status that would otherwise be admissible, it requires a 2/3 vote of the Legislature.

This bill would declare that it is to take effect immediately as an urgency statute.

* Passed the Assembly on 8/4/22 with an urgency clause. In Senate. Ordered to engrossing and enrolling.

AB 2193, Civil representation: immigration status. Existing law, the Sargent Shriver Civil Counsel Act, requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in courts selected by the Judicial Council.

The act requires the Judicial Council to develop one or more programs to provide competitive grants to provide legal counsel to low-income persons who require legal services in civil matters involving specific types of civil matters, including, among others, housing-related matters, probate conservatorships, guardianships, and domestic violence and civil harassment restraining orders.

Existing law requires the Judicial Council to consider various factors, including, among others, the unmet need for legal services in the geographic area to be served, in selecting and renewing participating programs. Existing law requires program applicants to, among other things, describe how the program would be administered and the means by which the program would serve the particular needs of the community, such as by providing representation to limited-English-speaking clients.

This bill would require the programs to provide services without regard to the citizenship or immigration status of the person represented. The bill would additionally require the Judicial Council to consider, among other related factors, the program’s plan for providing service to all potential clients regardless of immigration status.

The bill would also require program applications to include in that description whether and how the program will ensure that services are available to all eligible individuals seeking services regardless of immigration status.

* Passed the Assembly 4/21/22. In Senate. Read 2 nd time 8/2/22, ordered to 3rd reading.