By The Coimbra Law Firm
While revelers were out blissfully celebrating this New Years Day, many had no clue that a spate of new laws went into effect that same day. Some or many of these laws will have a direct impact on YOU or someone you know. Whether you’re a California driver, job-seeker, start-up entrepreneur, established business owner or simply a California resident, you or a loved one is bound to be affected. The Coimbra Law Firm generously provides us with a brief, easy-to-follow digest that everyone can understand. It behooves YOU to know.
Where the law has merely changed or expanded, you will find “2014 Change.” Otherwise, it’s a new law altogether. Also, many areas which are categorized a particular way may overlap with other areas.
LAWS AFFECTING CALIFORNIA MOTORISTS
1. Search Warrants for DUI Blood Tests
Beware, drunk drivers! Under an amendment (which actually took effect September 20th, 2013) to the criminal statute pertaining to search warrants, police can now ask a judge to issue a search warrant to draw blood from you in a “reasonable, medically-approved manner” to show that you violated California’s DUI laws PROVIDED:
- you refused a police officer’s request to submit to one
- and you failed to complete a blood test.
As you can imagine, this is sure to create many an uncomfortable encounter between motorists and police, particularly where the police accuse the motorist of being recalcitrant and resistant to a chemical test. This likely gives police fodder to conduct a forcible blood draw of a motorist so long as it is under the purview of “reasonable and medically-approved.”
2. “Three Feet for Safety” Act: Bypassing Bicycles
California motorists passing a bike proceeding in the same direction must pass at a distance no less than three (3) feet. In other words, you must give the bicyclist at least three feet of distance when you are maneuvering around him or her....or face a violation carrying a stiff monetary penalty (if a collision ensued from your failure to abide with this new law).
Beware, drunk drivers! Under an amendment (which actually took effect September 20th, 2013) to the criminal statute pertaining to search warrants, police can now ask a judge to issue a search warrant to draw blood from you in a “reasonable, medically-approved manner” to show that you violated California’s DUI laws PROVIDED:
- you refused a police officer’s request to submit to one
- and you failed to complete a blood test.
As you can imagine, this is sure to create many an uncomfortable encounter between motorists and police, particularly where the police accuse the motorist of being recalcitrant and resistant to a chemical test. This likely gives police fodder to conduct a forcible blood draw of a motorist so long as it is under the purview of “reasonable and medically-approved.”
2. “Three Feet for Safety” Act: Bypassing Bicycles
California motorists passing a bike proceeding in the same direction must pass at a distance no less than three (3) feet. In other words, you must give the bicyclist at least three feet of distance when you are maneuvering around him or her....or face a violation carrying a stiff monetary penalty (if a collision ensued from your failure to abide with this new law).
CRIMINAL LAW
3. “Pay Up, Liar!”: Persons Falsely Reporting an Emergency Will Have to Cough Up Restitution for Emergency ServicesCalifornia criminalizes the false reporting of a crime or emergency under California Penal Code Section 148.3. Prosecutors can prosecute this crime as a misdemeanor and, in some instances, a felony if the false report was likely to cause or caused great bodily injury or death.
2014 CHANGE:
In addition to the usual criminal penalties (which can include California State Prison for a felony conviction), the court can now tack on hefty restitution for “costs of...emergency response.” Cal. Pen. Code Section 148.3(e).
4. The Infamous “Paparazzi Law”
Many cynical observers believed this law was a suck-up to Hollywood by sycophantic and cowardly legislators. Whatever the motivation, it is now law and California residents, most notably the “paparazzi,” have to live with it.
Existing law, California Penal Code Section 11414, criminalizes harassing a child because of his or her employment. So, for example, if a photographer or “celebrity journalist” goes up to the son or daughter of XYZ celebrity and harangues him or her about his famous mom or dad, a prosecutor can levy a criminal misdemeanor charge against him.
2014 CHANGE:
The bill increases existing penalties to:
- up to one year in the county jail
- a fine of up to $10,000......OR BOTH!!
A second conviction can land the offender in jail for no less than 5 days and up to one year in jail and a fine of up to $20,000.
A third conviction can result in a $30,000 penalty and/or incarceration for up to one year (and no less than 30 days!)
BUSINESS LAW: Changes Affecting Certain Small Business Owners
5: Tattoo Artists: Expansion of the Safe Body Art Act.
The California Health and Safety Code regulates the application of body art, such as piercing, tattooing, branding and the application of permanent cosmetics via the “Safe Body Art Act.” (California Health and Safety Code Sections 119300-119328). Tattoo artists and other practitioners of “body art” have to register with a local law enforcement agency and their facilities have to meet requirements set out in the Act.
2014 CHANGE:
It is now illegal to perform body art at an “unpermitted location.” Violation of this or any other part of the Health and Safety Code Section 119323 constitutes a misdemeanor crime.
In addition, the amended law tacks on MORE requirements, like the disposal of “sharps waste,” compliance with the Healthy Insurance Portability and Accountability Act (or HIPAA) and “similar state laws.”
6: Limousine Businesses:
Senate Bill 109 requires limo drivers to unlock the doors on their limos in the event of an emergency. The limo owner or operators is required to give instructions to all passengers regarding safety features of the limousine and to disclose whether the vehicle meets all current safety requirements.
There are other provisions as well, including those concerning emergency exist which apply to limos extended or modified on or after July 1st, 2015. However, as of January 1st, 2016, these provisions will apply to all limousines (modified or extended to add length).
LABOR LAW
7. Employment Applications: Limitations on When Public Agencies Can Ask About Your Criminal RecordIf you are a job applicant, it’s already illegal for a public or private employer to ask you, to reveal, orally or in writing, information regarding an arrest or detention you sustained that did not result in a conviction.
The California Legislature enacted California Labor Code Section 432.9, to take effect July 1st, 2014, forbidding a state or local agency from asking you to reveal information about a criminal conviction UNTIL that agency has made the determination that you met the minimal job qualifications. There are exceptions, of course, but that is the new general rule.
8. Employment Applications of Ex-Convicts Whose Cases Were Expunged or Who Underwent Diversion
Pursuant to existing law, California employers are barred from asking a job applicant about convictions that were expunged under California’s “Expungement Law.”
2014 CHANGE:
No employer, regardless of whether it is a public or private entity, can ask a job applicant to reveal information about a conviction that was judicially dismissed or which the court ordered sealed OR who was referred to and participated in any pretrial or even post-trial diversion program.
This is the new “general rule” and there are exceptions.
IMMIGRATION
9. Driver’s Licenses for Undocumented Immigrants:In a move that generated much controversy, particularly among those vehemently opposed to illegal immigration, the California Legislature authorized the issuance of California Driver’s Licenses for”person[s]...unable to submit satisfactory proof of...presence in the [United States]...authorized under federal law] PROVIDED THAT meets all other qualifications and proof of identity and residency in California.
As you can imagine, the “proof of identity” may open the door to fraud if applicants misrepresent their identity on paper. It awaits to be seen how this will play out.
In spite of perceived drawbacks or problems, the issuance of driver’s licenses to undocumented immigrants may actually help protect US citizens and lawful permanent residents who are driving and are involved in a collision with motorists who were previously unlicensed. This is because California drivers are required to be insured. Thus, it brings undocumented immigrants into the wider pool of motorists who are legally required to exercise responsibility via registration and proof of insurance.
The bill goes into effect January 1st, 2015, although that date may be accelerated if the DMV Director “executes a specified declaration.”
10. Unauthorized Practice of Law
We are including this one here because the legislation arose under the looming prospect of federal immigration reform and the opportunism of criminals, paralegals, “notarios” and other non-lawyers to prey on the undocumented immigrant community by posing as “lawyers.” It is a now a misdemeanor crime to literally translate from English to Spanish or another language, in any document (like letterhead, a business card or an advertisement) that a person is a lawyer who is not, in fact, a lawyer. The State Bar can also bring a civil action and recover hefty penalties (i.e., at $1,000 for every day this law is violated!).
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Los Angeles Lawyer Lorgio Coimbra is the Winner of Pasadena Magazine's 2013 Award for Top Attorney. He is also the Winner of Excellence in Constitutional Law and Legal Analysis and Writing. The Coimbra Law Firm can represent you if you are facing criminal charges. We can assist you in other areas as well, including employment law and business law.
Call us at 1-855-385-5245 or visit us at www.CoimbraLaw.com if you have questions or would like to schedule a consultation. Free initial consultations available.
Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Picture(s) above are featured for illustrative purposes only and is/are no reflection on the person(s) depicted whatsoever. Attorney licensed in the State of California and, therefore, accepts California cases only.
