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4 new laws set to change CA criminal justice in January

4 new laws set to change CA criminal justice in January

The new 12 months will be convey quite a few changes to how criminal justice is utilized in California.

Prosecutors will no more time be able to use rap lyrics as evidence, defense lawyers will be barred from disclosing a person’s immigration status in open courtroom, and the crime of loitering for the goal of prostitution will come off the books.

Here’s a brief rundown:

Prosecutors can no more time use rap lyrics as proof

Starting off in the new calendar year, courts will no for a longer period be able to use a person’s inventive expressions, such as rap lyrics, from them in most legal proceedings.

Assembly Monthly bill 2799, by Assemblyman Reggie Jones-Sawyer, D-Los Angeles, stops prosecutors from working with inventive expressions as character proof from a defendant except if they can be tied to a specific crime or supplies info or else not available to the public.

“California has prolonged held that the use of imaginative expression as evidence at demo need to only come about in really precise conditions given the prospect for bias against a defendant. Regretably, there are nevertheless conditions wherever creative expressions are utilised in demo in a way that incites express or implicit bias,” Jones-Sawyer stated in a statement of aid for the invoice.

It is no for a longer time a crime to loiter for the purpose of sexual intercourse perform

A single of 2022’s most controversial payments, Senate Invoice 357, by Sen. Scott Wiener, D-San Francisco, truly was passed by the California Legislature in 2021 but was held, at Wiener’s request, for virtually a year so that the coalition powering the monthly bill could make assist for the governor’s signature.

The monthly bill decriminalizes loitering for the functions of prostitution.

Wiener argued that present legislation permitted law enforcement to “to focus on and arrest folks if they are donning tight apparel or a ton of make-up.”

Usually, these targeted by the existing regulation are transgender girls of colour, Wiener included.

The invoice fulfilled rigid opposition from Republicans, average Democrats and anti-human trafficking advocates, who argued that it would hinder regulation enforcement endeavours to combat sexual intercourse trafficking.

Gov. Gavin Newsom, in signing the bill into regulation past summer season, warned that the state “must be careful about its implementation.”

“My administration will observe criminal offense and prosecution developments for any achievable unintended penalties and will act to mitigate any these types of impacts,” Newsom mentioned in his signing statement.

Courts are now barred from disclosing someone’s immigration position

Courts are now prohibited from disclosing a person’s immigration standing in open up court, except if the presiding decide decides that the subject is admissible in a listening to held in chambers.

Senate Bill 836, by Sen. Wiener, reenacts provisions that have been repealed on Jan. 1, 2022.

In a assertion of guidance for the bill, Wiener explained that it was to stop cases this kind of as defense attorneys “exposing the immigration standing of witnesses and victims of crimes in California courthouses.”

“In addition, there ended up stories of immigration brokers through the place monitoring and detaining people at courthouses,” Wiener said.

SB 836 passed with an urgency clause, meaning it became regulation as quickly as Gov. Newsom signed it in August.

Inmates can make absolutely free mobile phone phone calls

Starting January, condition prisons, youth detention amenities and town and county jails will be essential to provide cellular phone providers to inmates free of charge of charge.

Senate Bill 1008, by Sen. Josh Becker, D-San Mateo, prohibits federal government organizations from profiting on the provision of interaction solutions to inmates.

Prior to SB 1008 becoming law, the level for in- and out-of-condition cellular phone phone calls was $.025 a minute, video calls was $.20 for each moment and sending or acquiring emails is $.05 for each message. The California Division of Corrections and Rehabilitation also supplied 15 minutes of cost-free cellular phone phone calls and 15 minutes of no cost online video calls each and every two weeks to all inmates.

This story was at first posted December 20, 2022 4:00 AM.

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Andrew Sheeler handles California’s special political climate for The Sacramento Bee. He has coated criminal offense and politics from interior Alaska to North Dakota’s oil patch to the rugged coastline of southern Oregon. He attended the University of Alaska Fairbanks.