Greetings, legal enthusiasts! As we step into the new year, it’s crucial to stay informed about the latest legal developments shaping the California landscape. In this blog post, I’ll share key updates on significant laws that came into effect in 2024, covering mental health initiatives, firearm regulations, and criminal law reforms.
1. Focusing On Mental Health:
Community Assistance, Recovery, and Empowerment (CARE) Act Programs: In 2024, California continues its commitment to mental health with the rollout of CARE Act programs. These programs deliver vital treatment and support services to vulnerable individuals with untreated schizophrenia and other psychotic disorders. Family members and first responders can now request court-ordered treatment under this law. While eight counties implemented CARE Act in 2023, the remaining counties must do so by December 1, 2024 (SB 35).
Probate Conservatorships: Probate conservators now face new requirements starting January 1, 2025 (SB 280). Comprehensive care plans must be submitted to the court, ensuring a more detailed approach to conservatorship. These care plans, while confidential, can be released by the court if deemed in the best interests of the conservatee.
Mental Health Services Notification: Courts are now mandated to notify individuals in specific situations, such as those found incompetent to stand trial, whose misdemeanor charges have been dismissed, and who are not receiving court-directed services. Contact information for county behavioral health, Medi-Cal, and community-based mental health services must be provided (SB 717).
2. Possession and Relinquishment of Firearms:
Mental Health Diversion: Defendants in mental health diversion programs are now prohibited from owning or possessing firearms, as ordered by the court (AB 455). Firearms can also be confiscated during domestic violence protective orders or at the scene of a domestic violence incident (AB 818). AB 732 requires defendants to relinquish firearms within 48 hours of a relevant offense conviction, with courts having the authority to issue hearing dates and search warrants for confirmation.
Firearm Tax and Relinquishment: Under AB 28, licensed firearm dealers, manufacturers, and ammunition vendors face a new tax to fund anti-gun violence programs. Excess tax generated will support a court-based firearm relinquishment grant program. Individuals prohibited from possessing firearms must also relinquish any body armor in their possession (AB 92).
3. Updates on Criminal Law:
Resentencing Opportunities: AB 600 grants courts the authority to recall sentences and resentence defendants in criminal proceedings, aligning with new laws. The need for the district attorney or Attorney General’s concurrence during such resentencing is no longer mandatory. Postconviction factors will be considered, and resentencing may not occur if the court deems the defendant poses an unreasonable risk to public safety.
Bail Restrictions: Defendants previously convicted of offenses punishable by life without parole are now restricted from being released on bail (AB 791).
Victim Rights in Human Trafficking Cases: In cases involving human trafficking or abuse (SB 376), victims now have the right to have a human trafficking advocate and a support person of their choosing present during law enforcement interviews.
4. Other Law of Note:
Increased Jurisdictional Limits: In civil court, small claims jurisdictional limits have increased to $12,500, and limited civil cases now have a limit of $35,000 (SB 71).