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SACRAMENTO, Calif. (AP) -- Sodas and energy drinks in California could soon come with a warning about increased risks for diabetes and tooth decay under a bill that has narrowly cleared the state Senate.The Senate voted 21-11 on Thursday to require warning labels on sugar-sweetened drinks that contain 75 calories or more per 12 fluid ounces. The label would be on the front of the container, in bold type and separate from all other information.The bill passed despite significant opposition from the beverage industry. Records show the American Beverage Association spent more than 3,000 since January lobbying against the bill and others.Other proposals that would have taxed soda and banned "Big Gulp" style drinks were shelved earlier this year.Bill author Sen. Bill Monning says the measure would protect children's health. 841
SACRAMENTO, Calif. (AP) — California Gov. Jerry Brown is leaving office Jan. 7 after signing more than 1,000 laws in his last year, further positioning the state as a bastion of liberal activism and goad to President Donald Trump.The laws, most of which take effect Tuesday, ease criminal sentences, tighten gun restrictions and address climate change, gender discrimination and sexual harassment.The Democratic governor approved 1,016 laws, the most in any of his last eight years in office. His 201 vetoes also were the most during his final two terms, as lawmakers passed a record number of measures.Counting his two terms from 1975 to 1983, the state's longest-serving governor vetoed 1,829 bills and saw 17,851 become law.Here are some of the laws taking effect with the new year:CRIMINAL JUSTICESweeping new laws bar juveniles younger than 16 from being tried as adults, even for murder, and keep children under 12 out of the criminal justice system unless they are charged with murder or rape.Other laws allow many defendants to ask judges to dismiss their charges if they show mental illness played a major role in their crime and limit the state's felony murder rule, which holds accomplices to the same standard as the person who carried out the killing.A new law responding to police shootings of young black men broadens public access to officers' personnel records. A police union is challenging whether the law is retroactive.Repeat drunken drivers and first-time offenders involved in injury crashes must install an ignition interlock device, which blocks their vehicle from starting if the driver isn't sober.GUNSSpurred by mass shootings, lawmakers further tightened California's already tough gun laws.Anyone convicted of certain domestic violence misdemeanors will be barred for life from possessing a firearm, while those under age 21 will be banned from purchasing a rifle or shotgun unless they are members of law enforcement or the military or have a hunting license.Several other laws already took effect, including measures explicitly banning rapid-fire bump stocks that attach to guns; requiring eight hours of training for concealed carry applicants; and allowing police to seize ammunition and magazines under domestic violence restraining orders.A lifetime firearm ban goes into effect in 2020 for anyone who has been hospitalized for a mental health issue more than once in a year.WILDFIRESUtilities may bill customers for future legal damages and for settlements from the deadly 2017 wildfires that caused more than billion in insured losses, even if the companies' mismanagement caused the blazes.The measure is among more than two dozen wildfire-related laws.Others make it easier to log trees, build firebreaks and conduct controlled burns of vegetation that would fuel wildfires; require investor-owned utilities to upgrade equipment so it's less likely to cause fires; safeguard residents' insurance coverage following disasters; and improve emergency notifications.GENDER DISCRIMINATION AND SEXUAL HARASSMENTCalifornia becomes the first state to require publicly held corporations to have at least one woman on their boards of directors by the end of 2019 and two or more by 2021.Spurred by the #MeToo movement, another new law bans private and public employers, including the state Legislature, from reaching secret settlements over sexual assault, harassment or discrimination. A law preventing businesses from requiring employees to sign liability releases to keep their jobs or receive bonuses is among several expanded protections.Californians also can list their gender as "nonbinary" on their driver's licenses, designated as the letter "X."CLIMATE CHANGECalifornia's utilities must generate 60 percent of their energy from wind, solar and other renewable sources by 2030, which is 10 percent higher than a previous mandate. Lawmakers set a goal of phasing out electricity from fossil fuels by 2045."This is historic because there is no economy larger in the world that has committed to pure clean energy," former Democratic state Sen. Kevin de Leon of Los Angeles wrote when Brown signed the bill into law.It was California's latest ambitious reaction to Trump's decisions to withdraw from the Paris climate accord and revive the coal industry.Other new laws study ways to ease the impact of climate change, encourage the use of biomethane and protect Obama administration targets for removing "super pollutants" called hydrofluorocarbons from refrigerants.Another law bars the Trump administration from expanding oil drilling off the California coast by blocking new pipelines and other supporting construction in state waters.OTHER LAWS— Dine-in restaurants may only provide drinking straws at customers' request.— Restaurants that advertise children's meals must include water or unflavored milk as the default beverage, though customers can still order other options.— Elections officials must provide prepaid return envelopes for vote-by-mail ballots. They also must give voters a chance to correct a ballot signature that doesn't match the one on file and let them track mail-in ballots.— The minimum wage rises to for companies with 26 or more employees and for smaller businesses as California phases in a base hourly wage.— A bill protecting net neutrality rules was set to take effect Jan. 1 but was blocked until a federal lawsuit is resolved. 5423
SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom has signed a law requiring California to house transgender inmates in prisons based on their gender identity. The new law says the Department of Corrections and Rehabilitation must ask inmates during the intake process if they identify as transgender, nonbinary or intersex. Those inmates can then request to be placed in a facility that houses either men or women. The law says the state can deny requests if it has management or security concerns. If that happens, the state must give the inmate a written explanation and allow them an meaningful opportunity to object. 634
SACRAMENTO, Calif. (AP) — A California appeals court has denied the latest parole bid by Charles Manson follower Leslie Van Houten.Two of the three appellate judges on Friday upheld former Gov. Jerry Brown's decision to block her parole last year. She is serving a life sentence for helping Manson and others kill Los Angeles grocer Leno LaBianca and his wife, Rosemary, in August 1969.Current Gov. Gavin Newsom again denied her parole in June, saying she is still a threat at age 70.The appellate judges said that Brown's reasoning for denying Van Houten's parole is supported by some evidence. He said she has not taken full responsibility for her actions and remains dangerous.Van Houten's attorney, Rich Pfeiffer, said he'll appeal the decision to the state Supreme Court. 784
Rudy Giuliani's assertion to CNN this week that President Donald Trump can't be indicted by the special counsel, and thus can't face a subpoena, banks on a series of internal Justice Department policies.The question to this day is untested in the court system. Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.According to several legal experts, historical memos and court filings, this is how the Justice Department's decision-making on whether to indict a sitting president could play out:First, there must be suspicion or allegations of a crime. Did the President do something criminally wrong? If the answer is no, there would be no investigation.But if the answer is maybe, that puts federal investigators on the pursuit. If they find nothing, Justice Department guidelines say they'd still need to address their investigation in a report summarizing their findings.If there could be some meat to the allegations, the Justice Department would need to determine one of two things: Did the potentially criminal actions take place unrelated to or before to the presidency? Or was the President's executive branch power was crucial in the crime?That determination will come into play later, because Congress' power to impeach and remove a president from office was intended by the framers of the Constitution to remedy abuse of the office, legal scholars say.Perhaps, though, the special counsel decides there's enough evidence to prove that the President broke the law.That's where the Office of Legal Counsel opinions come in.In 1973 and 2000, the office, which defines Justice Department internal procedure, said an indictment of a sitting president would be too disruptive to the country. This opinion appears to be binding on the Justice Department's decision-making, though it's possible for Deputy Attorney General Rod Rosenstein to choose to override the opinion, give Mueller permission to ignore it and take it to court, or ask the office to reexamine the issue by writing a new opinion.This sort of legal briefing has been done before, like in the year after the 1973 opinion, when then-special prosecutor Leon Jaworski wrote a Watergate-era memo describing why the President should not be above the law.Of course, there's another immediate option if a special counsel finds the President did wrong. Prosecutors could use the "unindicted co-conspirator" approach. This would involve the special counsel's office indicting a group of conspirators, making clear the President was part of the conspiracy without bringing charges against him.At any time, in theory, a special counsel could decide to delay an indictment until the President leaves office -- so as not to interfere with the functioning of the executive branch. The other options would be to drop the case or send an impeachment referral to Congress. As evidenced by Mueller's actions previously in the investigations of Trump's personal attorney Michael Cohen and former campaign chairman Paul Manafort, any steps this special counsel takes will likely come with the full support of the acting attorney general on the matter, Rosenstein.The question of whether a President could be subpoenaed is a story for another day. 3303