the California Privacy Rights Act ….
the California Privacy Rights Act (CPRA) approved in 2020, gave consumers the right to know, delete or opt-out of the sale of their personal information. New provisions take effect in 2023 that allow consumers and employees to ask businesses to disclose the personal information they have collected on them and ask them to delete or correct that information.
Crime
Several new laws give law enforcement new tools to address the rash of organized theft rings.
• Retail Theft: AB 2294 allows police to keep in custody individuals convicted of theft from a store in the past six months if they are suspected of organized retail theft. Previously, an individual detained for retail theft was given a written notice or citation and released. The law also establishes recidivism programs to prevent repeat offenders.
• Stolen Goods: AB 1700 requires the state attorney general to establish a website for people to report items they suspect are stolen and being sold on the internet. A companion bill (SB 301) that requires online marketplaces to obtain personal and financial information from high volume sellers takes effect in July.
• Catalytic Converters: Several laws take effect to confront the rising problem of catalytic converter thefts.
SB 1087 prohibits anyone from buying a catalytic converter other than from an automobile dismantler, an automotive repair dealer or a person providing documentation they are the lawful owner of the catalytic converter. AB 1740 requires recyclers to obtain a copy of the title of the vehicle from which the catalytic converter was removed.
• Human Trafficking: AB 1661 requires hair salons, nail salons and other barbering and cosmetology businesses to post signs containing information about slavery and human trafficking.
Criminal Justice
• Criminal Records: SB 731 gives people with some criminal convictions a clean slate. The law expands what type of crimes are eligible to be automatically sealed and, for the first time, allows people with violent felony records to petition to have their records sealed if they completed their sentence and have not had a new felony offense in four years. Almost all crimes qualify except sex-related crimes. Certain provisions of this law will take effect in July.
Food
• Food Packaging: AB 1200 bans the use of food packaging, such as take-out boxes and food wrappers, made from plant fibers that contain PFAS that were intentionally added or are present at levels above 100 parts per million. PFAS are hazardous chemicals added to food packaging to make them more water or stain resistant.
Holidays
California has three new state holidays. AB 1655 adds June 19, known as Juneteenth, as a state holiday. AB 2596 recognizes the Lunar New Year as a state holiday and AB 1801 designates April 24 as Genocide Remembrance Day.
Abortion
• Protections: AB 2223 protects women from prosecution if they chose to end a pregnancy or undergo an abortion, even if it happens outside the medical system. It also protects someone who helped a woman with an abortion from criminal or civil liability.
Health Care
• Gender-Affirming Care: SB 107 protects families of transgender children from out-ofstate laws that may target them. It prohibits health care providers from releasing medical information about a parent or guardian who allows a child to receive gender-affirming care. It shields parents and children from legal action by states that have enacted bans or restrictions on this type of care. The law also prohibits law enforcement from arresting a parent or taking a child based on a warrant from a state that restricts gender-affirming care.
• Mental Illness: SB 1338 lets family members and first responders petition a judge to order treatment for people who suffer from severe mental illness or addiction. Each county must establish its own CARE Court to evaluate each case. Implementation begins in October in Orange County. All counties must implement the CARE Court by 2024.
Housing
• HOA Homes: AB 1410 prohibits HOA governing boards from disciplining or fining homeowners who criticize HOA rules on social media.
It also allows homeowners to rent their owner-occupied home for more than 30 days even if it is not allowed in their HOA agreement.
Elections
• Special Elections: AB 2584 increases the number of signatures required to begin a recall petition of an elected official and requires an estimate of the cost of conducting a special election.