The law is constantly changing.  Last month, several new pieces of legislation were passed affecting the administration of California Criminal Law. Over the course of 2016, several new bills were enacted. It is important for California citizens to understand what these laws mean, and how they will work. For example, in the wake of mass shootings throughout the U.S., Governor Brown recently signed several new gun laws. In addition, SB 443 closes a loophole that law enforcement often used in order to confiscate personal property of an arrestee. In addition, the Brock Turner Stanford case led to legislature expanding the definition of rape and changing mandatory minimum sentences for sexual assaults.

AB 2466:  Felon Voting In County Jails
We have previously written about Felon Disenfranchisement, its negative history and impacts on recidivism.  Governor Brown recently signed a new law that will allow felons to vote while behind bars.  Civic pride and participation in government have been linked to reduced recidivism.  Ultimately, the goal of incarceration has to be primarily about rehabilitation and helping past offenders re-enter society and become productive members.  Alienating people from the political process, and telling them that they can have no input in the laws they must follow is a failed policy with no merit and an ugly history.  Kudos to the legislature and the Governor for this significant change.  California now joins Vermont and many European nations who encourage inmate participation in democratic government.

The New Gun Laws
California’s new gun laws are meant to balance the rights of law abiding gun owners with enhancing public safety. With mass shootings occurring more frequently than ever, Governor Brown signed new bills, which make existing California gun laws stricter. Magazine capacities are now limited to 10 bullets, owners who wish to purchase ammunition are required to undergo a background check, and the lending of firearms is now much more regulated. One of the main concerns prior to enacting this legislation was a loophole on California’s restriction on detachable magazines. Manufacturers realized there was a loophole to bypass the law by creating guns that release an empty magazine and insert a new one – thus, the gun had the same effect as one with a detachable magazine, but did not technically include a detached magazine. The new gun laws also make it a misdemeanor for someone to falsely report a gun being lost or stolen, and places a 10-year restriction on purchasing guns if you are caught purchasing a gun with the intent to sell or give it to someone else. One thing that all gun owners should know is that ignorance of the law is no defense. Thus, it is in all gun owners best interests to learn and understand the new laws to avoid being in violation of them. California has recently enacted six new gun laws, altogether.

SB 443: Civil Asset Forfeiture Reform
Prior to SB 443, federal law allowed law enforcement to permanently retain custody of an arrestee’s personal property, even if the District Attorney decided not to file charges against the arrestee. Although California law did have some safeguards against this practice before SB 443, police were able to use the broader federal laws to avoid California’s safeguards. Those in support of the bill argued that those who were uneducated and had low income were commonly taken advantage of under this loophole. SB 443 has now revived citizens’ Constitutional rights by requiring a conviction prior to permanent custody of the defendant’s property. While there are some exceptions, SB 443 will protect many arrestees who otherwise had little recourse. What does this mean in layman’s terms? It means that if you are arrested, and you are not convicted, the police (in most instances) cannot permanently retain your property.
More on Asset Forfeiture -  Asset Forfeiture Attotneys

Changes in CA’s Rape Laws
The case of Brock Turner, the Stanford swimmer who was convicted of sexually assaulted a young woman while she was intoxicated and unconscious, has also led to changes in California’s rape laws. Turner was found guilty of assault with the intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object. Under California rape laws, the judge was able to sentence Turner to just six months in county jail and three years of formal probation. As you may imagine, this sparked outrage amongst many in the community. AB 2888, however, takes discretion away from the judge in sentencing an offender for sexually assaulting someone who is intoxicated or unconscious (and thus unable to give consent). Prior to the new laws, California defined rape as using threat or physical force, but did not include victims who are unconscious or intoxicated.  Under AB 2888, judges can no longer sentence an offender to probation when the sexual assault is of a victim who was intoxicated or unconscious. AB 701, in addition, expands the legal definition of rape to include all forms of sexual assault that is not consensual. These changes in California’s rape laws will go into effect in January 2017.

To understand how these laws may impact you, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE LAWYER.  213-375-3775

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