NEW LAWS IN CALIFORNIA FOR 2013
Every year the California legislature, and often the voters by way of he initiative process, find new and different ways to control the behavior of citizens in California. On this page Long Beach Criminal Law specialist, attorney Matthew Kaestner, provides a brief overview of our new criminal laws in California for 2013.
Probably the most important change in the criminal law for 2013 was the passage of proposition 36 by California voters. Proposition 36 softened the impact of the three strikes law that had operated in California since 1994. Under the new law, persons with two prior serious felony convictions will not face a 25 year to life sentence unless one or one of the priors was a homicide, sex crime, or other very serious offense or if the new offense is a serious or violent felony. Persons now serving a 25 to life sentence on a non-serious offense can apply to be resentenced.
On a less serious note, Los Angeles County voters approved a law that requires male actors in adult movies to wear condoms.
Limousine drivers must now warn underage passengers that underage drinking is illegal. If alcoholic beverages are on board a bus or limo, someone at least 25 years old must be on board.
Persons who seek medical assistance for themselves or others, cannot be prosecuted for being under the influence of drugs or being in possession of a drug for personal use. This law is obviously designed to prevent overdoses by persons concerned about arrest or prosecution.
Athletic coaches, commercial computer technicians, and photo processors must now report instances of suspected child physical or sexual abuse that they become aware of. This is in addition to the current requirements for teachers, doctors, social workers, clergyman, and persons in law enforcement to report suspected child abuse.
When law enforcement uses a tracking device in California to investigate suspected criminal activity, they must now obtain a tracking device search warrant. Also the tracking period cannot exceed 30 days without judicial authorization and must be executed within 10 days of receiving the order from a judge.
Juvenile offenders who were sentenced to life without the possibility of parole for offenses done when under 18 years of age can petition to be resentenced after serving at least 15 years. Their petition must allege they are remorseful, working towards rehabilitation and that played a lesser role in the crime, had no prior record of violence, or had an adult co-defendant.
The California Rehabilitation Center (CRC) has been disbanded. The CRC used to be a prison facility where narcotics offenders could be sentenced for drug rehabilitation with modified release and parole conditions. Persons currently in the CRC are to be re-sentenced under existing law.
In 2013, whether you're accused of filming an adult movie without benefit of a condom, or something more serious, you need expert representation when you go to court. Long Beach criminal law attorney Matthew Kaestner has over 25 years experience handling criminal cases from murder to possession of drugs. He is one of only four criminal lawyers in Long Beach who are certified by the State Bar of California as specialists in criminal law. Long Beach criminal lawyer Matthew Kaestner will personally take your call and handle all aspects of your case. Call him directly at (562) 437-0200.