New Laws 2016 Including Guns, Searches/Warrants on Phones, Social Media; and Restraining Orders

Searches--  The new year also requires law enforcement agencies to obtain a search warrant before looking at private emails, text messages and GPS data stored in smartphones, laptops and the cloud.

Restraining Orders-
Four months after a disturbed man killed six UC Santa Barbara students and wounded 13 others, Gov. Jerry Brown  signed legislation allowing the temporary seizure of guns from people determined by the courts to be a threat to themselves or others.

The Isla Vista massacre in May occurred even though the family of Elliot Rodger had sought help because of concerns about his strange behavior before the shootings.

The legislation approved by the governor allows law enforcement officers or family members to ask a court for a restraining order against a person believed to be a threat, barring his or her possession of firearms for 21 days.

The measure was opposed by groups including the National Rifle Assn. and Gun Owners of California. The groups objected that the gun owner would not get a hearing before the restraining order is issued. Under the new law, a hearing must be held within 21 days of the order being issued.

“Without a doubt, AB 1014 is one of the most egregious violations of civil liberties ever introduced in the California Legislature,” wrote Charles H. Cunningham, a director with the NRA’s Institute for Legislative Action.

For family law cases--- a domestic violence TRO will cause weapons to be removed, HOWEVER, note that this law was put into place because there was no civil harassment or domestic violence with family, friends, live in girlfriend, boyfriend, etc. There may have been strange behavior (the defendant allegedly was suffering from Aspergers), see http://www.ninds.nih.gov/disorders/asperger/detail_asperger.htm

In fact part of this young man's issue was that he could not get a girlfriend, as evidenced by his lengthy online ranting, and he was jealous of men with girls and even wanted to somehow torture them because he felt he was better and deserved to get a girlfriend; at least that is what was read/seen online which showed the young man's ranting online.

The parents should have probably sought help to file a restraining order based upon conduct which made them afraid by putting together the "strange" behavior which could then cause a potential psych eval to warrant no weapons. This was not done it appears, because the parents did not try and obtain or failed to obtain an order, and it appeared the parents did not think the adult son had weapons. It is common sense that almost anyone who has a brain dysfunction should probably not own or obtain guns, yet we know even if this is the case, most people can find an illegal gun to buy.

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Below, a San Diego attorney talks about gun laws  and more

https://youtu.be/MDF1-dKZmjo

https://youtu.be/Pn9jBeKcsdY


Parents

• The vaccination law eliminates the ability of parents to waive immunization rules 
• for their children based on personal beliefs. Though the law takes effect on Jan. 1, it allows parents to
• delay the vaccinations until July 1 if they filled out a request before New Year’s Day. But almost all students will have to show proof of immunization shots for the start of the new school year this fall. Read more here and here.
• The state suspends for three years California's high school exit exam, which is normally a requirement for students to receive diplomas. The law also allows about 32,000 students who did not pass the exam, either since it became mandatory or during its early phase-in years, to receive diplomas so long as they have completed all other graduation requirements. Read more »
• Schools must provide places for students to breast feed or pump breast milk.
• High schools that mandate health courses must provide lessons aimed at preventing sexual violence and the concept that both parties must consent to sexual relations. Read more »
• Students are required to take sexual health classes unless their parents object — the classes are now voluntary — and the lessons must include the teaching to be inclusive of different sexual orientations.
• The state must make sure future history textbooks for public schools include a section on the 1930s deportation of more than 1 million U.S. citizens of Mexican descent. Read more »
• California community colleges can suspend or expel students accused of sexual assault off campus.Read more »
• The state will spend $40 million to provide health coverage under the Medi-Cal program to children under age 19 who are not in the country legally. Read more here and here.
• Children 13 and younger who are witnesses in violent crimes may testify by remote video hook-up.

For more, go to latimes.com/politics.