NEW CRIMINAL LAWS IN CALIFORNIA FOR 2024
A peace officer must now advise you of the reason you were stopped before questioning about a crime or traffic violation. Self performed abortion cannot be prosecuted as homicide. California juries will now be instructed to consider the impact of unconscious or implicit bias during decision making. These are among the many new criminal laws in California in 2024.
The following page, by Long Beach criminal law specialist, attorney Matthew Kaestner, details most of the important new criminal laws that took effect in California in 2024.
CRUISING, LOW RIDERS, REGISTRATION STOPS, AND TRAFFIC SCHOOL
Cruising, defined as the repetitive driving past a traffic control point can no longer be regulated by local authorities. Also, it is no longer unlawful to operate a low rider. (V.C. 21100 modified, v.C 24008 repealed.)
A vehicle can no longer be stopped for expired registration before the second month after expiration. (Amending V.C. 4000, 5204 and 40255.)
It is no longer a misdemeanor to fail to attend traffic school. (Amending V.C. 40000.25 and 42005.)
RESENTENCING WHEN LAW CHANGES TO A DEFENDANT'S BENEFIT
Criminal judges may now recall and resentence any person on its own when the underlying sentencing law has changed. Under amended Penal Code section 1172.1 a Court can give a previously sentenced defendant the benefit of all changes in the law and to reconsider prior sentencing decisions. Strike priors, enhancements, and allegations can be dismissed at resentencing in the interests of justice and in light of post conviction factors that might indicate that further incarceration is not warranted.
HABEAS CORPUS MOTIONS AND NEW EVIDENCE TO SET ASIDE A CONVICTION
When new evidence justifies setting aside a conviction, it no longer is required that the new evidence could not have been discovered pre-trial. Also, the new evidence to support setting aside a conviction need only be material and not substantially material. Also, new law requires that newly disputed medical, scientific or forensic evidence need only have affected the outcome not changed the outcome of the case. (Penal Code section 1473.)
FENTANYL WEIGHT ENHANCEMENTS
Persons possessing fentanyl for sale can be punished between 3 to 25 additional years for possessing between one to eighty or more kilos depending on the quantity possessed. (Health and Safety Code 11370.4.)
SEXUAL ASSAULT AND ABORTION
Penal Code section 187 was amended to prohibit the prosecution for the murder of a fetus that occurs as the result of a self-managed abortion.
Sexual assault victims can request that their rape kit not be tested under new Penal Code section 680.
And perhaps the no brainer law of the new year amended the statutory rape law, Penal Code section 261.5, to prohibit the performance of community service at a school or other location where minors congregate.
POLICE OFFICERS AND LAW ENFORCEMENT TACTICS
Under new Welfare and Institutions Code section 625.7, police may not use threats, physical harm, deception or other psychologically manipulative interrogation tactics with persons under the age of seventeen during in custody questioning.
Under new Vehicle Code section 2806.5, drivers and pedestrians must be notified of the purpose of any stop by the police prior to any questioning about a crime or infraction. The only exception is if such an explanation could result in an imminent threat to life or property. Officers must document the reason for any stop on a citation issued or police report that involves a stop.
Under new Penal Code section 13300 prosecutors can notify the defense of exculpatory or impeachment evidence concerning a peace officer who may or has testified in a criminal case.
Under the PROTECT act (Prohibiting Rogue Officer Tricks and Ensuring Community Trust) ICE agents can no longer pretend to be peace officers to conduct probation checks as a ruse to gain entry to homes to make ICE detentions. ICE employees will not be considered peace officers authorized to conduct probation searches. (Penal Code sections 1203 et seq.)
Also, starting July 1, 2024, state and local law enforcement agencies must adopt a hate crimes policy.
Under new Penal Code section 13510.6, the Commission on Peace Officer Standards and Training (POST) must establish a definition of biased conduct that includes online, and social media use motivated by bias. Guidance is required to be developed to conduct internet and social media screening of law enforcement candidates to search for bias.
BODY ARMOR POSSESSION FOR PROHIBITED PERSONS
Persons who are prohibited from possessing a gun (felons, persons convicted of violent misdemeanors and domestic violence) may no longer possess body armor. New Penal Code section 31360 makes such prohibited possession of body armor a misdemeanor.
LAWYERS SNITCHING ON LAWYERS
Under new California State Bar rules a lawyer shall report a fellow lawyer if they know of credible evidence that the attorney engaged in criminal conduct involving dishonesty fraud or deceit or has engaged in intentional or reckless misrepresentation or misappropriation of funds or property that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects. This rule does not apply to information obtained during a substance abuse or mental health program.
JURORS AND IMPLICIT BIAS
Jurors will now be instructed as to what unconscious or implicit bias is and how to avoid it effecting a juror's decision making in a criminal case. New jury instruction, CALCRIM 209, will be read to jurors as part of the jury instruction process in criminal cases.
MASS INCARCERATION AND REHABILITATION
Penal Code section 5000 and related statutes were amended to insert language recognizing the hyper-punitive policies enacted in the 1980's and 1990's and that successful rehabilitation requires education, treatment and active participation in programs. The CDCR's mission is now explicitly to not just house convicted felons but to facilitate successful reintegration through active rehabilitation.
Long Beach criminal attorney, Matthew Kaestner, has been fighting criminal cases for over 38 years. Attorney Kaestner has been a board certified criminal law specialist since 1999. Whether you are accused of a new law for 2024 or other California criminal law, remain silent, tell police you need a lawyer before questioning, and contact attorney Kaestner immediately. He is available to personally take your call and provide his expert advice. He can be reached directly at 562-437-0200.
