21 Key California Laws Effective In 2022

By Law Offices | Felicia Yates & Associates

 

The new calendar year always brings a crop of fresh laws to the State of California – and the year 2022 is no exception.  The California Governor signed 770 legislative bills into law during 2021.  Not all of the laws take effect immediately - some have a “cooling off” period - but most of them will be implemented as of January 1, 2022.  Here are some key highlights from twenty-one (21) of those legislative bills signed into law:

1)  Slower Speed Limits – As of January 1, 2022, California cities will now have more localized control over how speed limits are set.  The old rule caused speed limits to increase every few years.  The new rule will allow cities to lower speed limits in 2022 – these lower limits cannot be enforced until June 30, 2024 (or as soon as California creates an online portal to process these new traffic offenses). 

 

2)  Seizing Ghost Guns – This law will not be effective until July 1, 2022.  A concerned citizen (relative, employer, teacher, etc.) may now petition a judge to seize ghost guns from anyone they believe may be a danger to themselves or others.  A “ghost gun” is a firearm that is purchased by a consumer in parts only and later assembled at home or work - a dynamic which makes them much harder to trace.  These untraceable guns can now be seized by law enforcement officers pursuant to a Gun Violence Restraining Order. 

3)  “Stealthing” Is Sexual Assault – Assembly Bill 453 makes the non-consensual removal of a condom during sex, also called “stealthing,” a form of sexual battery.  This new law will apply to both sexual partners, and allows a victim to sue for civil damages, including punitive damages, under California Civil Code Section 1708.5(a).  California is the first state to ban such conduct.

4)  Rubber Bullets And Tear Gas – Law enforcement are now prohibited under Assembly Bill 48, from using rubber bullets or tear gas to disperse crowds at a protest.  This also applies in situations where an individual has violated an imposed curfew, made a verbal threat, or in cases of noncompliance with a law enforcement order or directive.

5)  Easing Criminal Penalties – California is ending mandatory minimum prison or jail sentences for nonviolent drug offenses.  Judges will now have more discretion to seek alternative sentences, including probation for crimes relating to the possession of drugs such as heroin, cocaine and methamphetamine.  Judges will also consider mitigating circumstances in applying sentencing enhancements, and retroactively removing other enhancements for repeat offenders and certain prior drug crimes.

6)  Felony Murder Rule – Accomplices in felonies could previously be charged and convicted of murder if someone died during the commission of a felony crime – murder charges will now only be filed against such individuals who intended to kill or directly participated in the killing of another. 

7)  Probation Violations – Defendants arrested on allegations of violating their probation will now be presumptively released on their own recognizance, unless a judge considers them to be a danger to public safety, or a flight risk. 

8)  Street Gangs – Prison terms will now be reduced for those convicted of gang-related crimes.

9)  “Spousal Rape” – There is no longer a distinction in state law for “spousal rape” – it will be punished and treated the same as any other rape conviction.  The author of this bill has been quoted as saying “rape is rape,” regardless of the relationship between the parties. 

10)  Military – Sexual harassment is not considered a crime in the U.S. military.  Senate Bill 352 eliminates the limitations on sexual assault or harassment charges while serving in the military.  The bill makes it a stand-alone offense in California’s incorporation of the Uniform Code of Military Justice, which means sexual harassment is now punishable amongst California’s military ranks (i.e. the California National Guard). 

11)  To Revoke Or Suspend Peace Officer Certification – Senate Bill 2 creates a system within the Commission on Peace Officer Standards and Training (POST).  Law enforcement officers are now subject to investigation, and may have their peace officer certification suspended or revoked for any type of serious misconduct.

12)  Expanded Access to Police Misconduct Records – Senate Bill 16 improves the public’s access to a police officer’s misconduct records involving unreasonable or excessive use of force, discriminatory or prejudiced behavior, and other misconduct.  These records may be obtained by submitting a request under the California Public Records Act.

13)  Policing Techniques That Involve A Serious Risk Of “Positional Asphyxia” – It is now illegal for any law enforcement officer to restrain an individual in such a manner that compresses a person’s airway and threatens adequate breathing.

14)  Witnessing of Excessive Force – Law enforcement officers must immediately report incidents of excessive force that they witness, and are subject to new requirements to intervene in those incidents.

15)  Limits On Posting To Social Media – Law enforcement officers have new restrictions on posting booking photos of someone arrested for a nonviolent crime to social media sites such as Facebook, Instagram, Twitter, etc.  These types of postings have been known to follow people for years - even if they are ultimately never found guilty.

16)  Ban On Law Enforcement Gangs – California now defines and bans “law enforcement gangs” – a problem experienced by the Los Angeles County Sheriff’s Department in 2021.  Participation in a law enforcement gang is now grounds for dismissal of an officer from a law enforcement agency.

17)  Use Of Rubber Bullets And Tear Gas – Law enforcement officers are now required to receive specialized training in the use of rubber bullets and tear gas.  They are also prohibited from firing them “indiscriminately into a crowd or group of persons.”

18)  Sideshow Crackdown – Assembly Bill 3 enhances penalties on those who participate in “sideshows” – spinning out in the street in front of an impromptu audience.  As of July 1, 2025, a Court may suspend a person's driver's license anywhere from ninety (90) days to six (6) months, if that person is convicted of speeding in connection with a sideshow.  These types of penalties were previously reserved for activities such as illegal street racing.

19)  “Negligent Operator” Points For Distracted Driving – Assembly Bill 47, which took effect July 1, 2021, puts negligent operator points on a driver's motor vehicle record for being charged and convicted of violating California’s hands-free driving law for a second time within 36 months.  The law is meant to prevent talking or texting while driving, unless using a hands-free device.

20)  New Hate Crimes – Assembly Bill 600 makes crimes targeting people due to their immigration status, a hate crime.

21)  Wage Theft = Grand Theft – California Penal Code Section 487(m)(a) now reads as follows:  “...the intentional theft of wages in an amount greater than nine hundred fifty dollars ($950) from any one employee, or two thousand three hundred fifty dollars ($2,350) in the aggregate from two or more employees, by an employer in any consecutive 12-month period may be punished as grand theft.”

Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent attorney to determine your best course of action.  Our office has expertise in various areas of the law, and we encourage you to reach out for a free consultation.  Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.