The new laws that came into force in California and that impact criminal defense

The new laws that came into force in California and that impact criminal defense

If you have any questions related to criminal defense, call us today at (619) 746-8879

In California, the legal landscape is constantly evolving, especially regarding crime and law enforcement. On January 1, 2024, a series of bills came into force with the aim of protecting communities and guaranteeing justice for all inhabitants.

The modifications to these laws include more severe penalties for crimes such as child trafficking, trafficking of certain substances, hate crimes, and certain discriminatory behaviors. Likewise, there is progress in terms of social justice.

Knowing these changes is essential since if a person is prosecuted for any crimes whose penalty was updated, they must be represented by a criminal defense attorney familiar with these modifications.

Harsher penalties against drug trafficking

AB 701 Law

This legal text toughens penalties for those who traffic large quantities of fentanyl, an extremely dangerous opioid drug that has become a major political and health problem in the United States.

Starting January 1, 2024, those convicted of trafficking one kilogram or more of fentanyl will face harsher sentences. Three years were added to the original sentence for selling or distributing more than one kilogram of the substance and increased depending on the weight.

A person can even receive a maximum of 25 years of additional punishment for trafficking in fentanyl exceeding 80 kilograms.

Protecting minors

SB 14

This law criminalizes the trafficking of minors for commercial sexual acts as a severe crime and increases the penalties for those convicted of this crime. This, in turn, means harsher prison sentences and inclusion in California’s Three Strikes Law.

Human trafficking of a minor for sexual purposes is punishable by up to 12 years in prison. If violence, deception, or coercion is used, the penalty increases to 15 years to life in prison. The penalty can be increased up to 10 more years if the victim suffers serious damage.

Gun control is tightened

These measures focus on restricting access to weapons and strengthening surveillance over their use. Given the changes, you must contact a California gun crimes defense attorney if you face charges related to these new provisions.

The SB 2 law prohibits people under 21 years of age from carrying firearms in public, a measure that authorities have assured seeks to protect young people, who are more likely to suffer accidents or commit acts of violence with firearms.

The law requires 16 hours of training for those who are 21 years old or older and wish to carry a gun in public. In addition, weapons are prohibited in public places such as schools, courts, government buildings, prisons, hospitals, airports, or bars.

On the other hand, AB 92 classifies the purchase of a bulletproof vest by people legally prohibited from carrying firearms as a misdemeanor. This measure seeks to prevent these individuals from using bulletproof vests to commit criminal acts.

Meanwhile, AB 301 allows judges to consider the purchase of a bulletproof vest as a criterion in cases of restraining orders for gun violence. This measure seeks to protect victims of domestic violence and prevent new episodes of violence.

Speed radars

Implementing speed radars in school zones and areas with a high incidence of accidents, which will be located at strategic points and operate 24 hours a day, seven days a week is expected to improve road safety and reduce the number of crashes and collisions.

These radars could be an advantage for those injured in car accidents since the images and data captured by speed cameras could be used as evidence to determine the cause of the accident and the parties’ responsibility. Additionally, they can help victims receive fair compensation for their injuries and damages.

In these cases, however, it is important to emphasize the importance of having an experienced personal injury attorney. If you are being sued for a car accident, you can also call us at (619) 746-8879 for advice.

Promoting tolerance

Law AB 2282

This bill expands the definition of hate symbols to include any symbol or mark intended to terrorize another person, such as Nazi swastikas, desecrated crosses, or nooses. This also includes prohibiting these symbols in different places such as workplaces, schools, places of worship, cemeteries, private properties, and public spaces and facilities.

The law also seeks to combat hate crimes against minority groups.

Advances in social justice

This section includes laws that impact the way California residents live and work. Below is a summary of the most relevant ones.

• AB 2188 and SB 700: the first makes it illegal for an employer to discriminate or penalize an employee for cannabis use outside of work, and the second prohibits employers from requesting information about past cannabis use from job applicants or using criminal records for cannabis use as a selection criterion.
• AB 1418: Prohibits local governments in California from enforcing “crime-free” housing policies that discriminate against people with criminal records.
• AB 2773: Requires police officers to state the reason for a traffic or pedestrian stop before asking any further questions. This measure seeks to avoid “pretextual stops,” where an individual is detained without probable cause for a search.
• SB 497 Protects California workers from retaliation by their employers. Workers will be able to complain about their salaries without fear of being fired, demoted, or reprimanded, talk about their salaries with their co-workers without fear of retaliation, and ask about another worker’s salary without fear of being discriminated against.

Immigration

• SB 831: This law seeks to create a program that grants work permits and protection against deportation to undocumented agricultural workers. The governor, in conjunction with the United States Attorney General’s Office, would develop the program.

Undocumented workers participating in the program would receive work visas, allowing them to work legally in the agricultural sector under the commitment to comply with labor and tax laws.

It is important to note that this program does not offer a path to legal permanent residence. However, it would allow undocumented farmworkers to work legally and avoid deportation.

Of course, to learn more details about this law and to know if you could benefit from this modification, the ideal would be to contact an immigration lawyer in California from Kannan Law, who, based on their experience, can guide you through each step of the process.

Kannan Law, your best legal ally in California

Our expert attorneys at Kannan Law can advise and accompany you through the complexities of any legal process in California. Contact us now to receive personalized advice and the best guidance from a lawyer in San Diego. At Kannan Law, we are here to serve you. Call us at (619) 746-8879 or fill out this form to receive a free, confidential initial telephone consultation.