Posted On: January 1, 2008 by Mary Frances Prevost

CALIFORNIA RINGS IN NEW LAWS FOR THE NEW YEAR

Happy New Year. Now that that's said, make sure you do your homework and learn the new laws tht will effect you in 2008 and beyond. Here are my picks for the most important new California laws you need to know.

First, and about time, California workers who earn the minimum wage will get a raise from $7.50 to $8 per hour starting today, tying California with Massachusetts for the highest state minimum wage in the nation.

The governor signed a pioneering measure that requires new semiautomatic pistols to have technology for stamping tiny identifying marks on cartridge casings, starting in 2010. So, when you purchase your new semi-automatic weapon to go hunt rabbits or, maybe, rob someone, know that it can now be traced.

Another new law prohibits the manufacture, sale and distribution of toys intended for children younger than 3 that contain certain chemicals, but the ban does not begin until Jan. 1, 2009. So, go stock up on those chemical-laden toys. They go out of style next year.

A law signed last year that bans minors from using cellphones and text-messaging devices while driving takes effect July 1, as does a companion measure requiring adults to use hands-free devices if they talk on a phone while behind the wheel. Its about time. I'm tired of watching out for distracted drivers.

The laws taking effect today include a ban on smoking in cars where minors are present, punishable by a fine of up to $100. Police officers cannot pull motorists over for smoking, however. Officers can cite adult smokers only if that offense is discovered in conjunction with another violation such as speeding.

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Car fees: Increases the smog abatement fee that many car owners pay from $12 to $20 starting July 1, to help fund alternative-fuel development. Also raises registration fees by $3 a year on all vehicles. (AB 118)

Celebrity wills: Allows celebrities to retain the right to control use of their names, voices and images as dictated in their wills, regardless of when they died. Addresses a dispute in court over publicity rights associated with actress Marilyn Monroe. (SB 771)

Citizenship checks: Prohibits cities and counties from adopting ordinances requiring landlords to ask the residency status of tenants as a way of identifying illegal immigrants. (AB 976)

Criminal information: Allows district attorneys to continue to release information regarding a person's local criminal history, including the person's name, physical description and arrest history when information is requested for a scholarly or journalistic purpose. (SB 690)

Gang czar: Creates a State Office of Gang and Youth Violence to be responsible for identifying and evaluating state and local gang programs and helping to secure federal grants for the effort. (AB 1381)

HIV tests: Removes the written consent requirement for HIV tests, so tests may be done routinely by doctors, although patients retain the right to decline such tests. (AB 682)

Identification tags: Bans employers from requiring workers to have identification tags implanted under their skin that can be read by electronic monitors. (SB 362)

Iran investments: Prohibits the state public employee and teacher retirement systems from investing in companies with energy or military operations in Iran. The systems' boards are required to review publicly available information regarding companies with business operations in Iran and take actions based on that review by March 30. (AB 221)

Jail cellphones: Makes it a misdemeanor, subject to a fine of up to $1,000, for any unauthorized possession of a cellphone by an inmate. Also makes possession of tobacco by an inmate an infraction, punishable by a fine of up to $250. (SB 655)

Open meeting: Requires that, starting July 1, any writing regarding an agenda item distributed to members of a city council or public board within 72 hours of a public meeting be made available for public inspection at the same time. (SB 343)

Pet protection: Allows courts to include pets in protective orders issued to spouses in domestic violence cases, ordering the abusive party to stay away from the animal and refrain from hurting or disposing of the animal. (SB 353). Good!

Prison release: Allows early release of medically incapacitated inmates, defined as those with a medical condition that renders the inmate unable to perform activities of basic daily living. Includes those in a coma or persistent vegetative state or who are brain dead; those dependent upon a ventilator; and those who have lost control of muscular or neurological function. (AB 1539)

Sex crimes: Expands the list of sex offenses for which victims may request their names to be withheld to include using fraud to involve a person in prostitution, sale of a person for immoral purposes, incest and aggravated sexual assault of a child. (SB 449)

Victim notification: Increases from 45 to 60 days the period for the Department of Corrections and Rehabilitation to notify certain crime victims when it is scheduled to release a sex offender. Increases to 60 days the time the Department of Mental Health has to provide notification of a petition for conditional release scheduled for a court hearing. (AB 1172)

Witness protection: Gives the state attorney general authority to coordinate with and reimburse local agencies that provide protection to those testifying against gang members. (SB 594)

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