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A bill that would seal certain criminal records could open doors for millions of Californians

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A bill that would seal certain criminal records could open doors for millions of Californians

State lawmakers on Thursday accepted laws that might enable some Californians with legal convictions to have these information sealed in the event that they preserve a clear report, a transfer cheered by legal justice reform advocates and harshly criticized by regulation enforcement.

Sen. Maria Elena Durazo, a Los Angeles Democrat who wrote Senate Invoice 731, mentioned sealing the information would take away burdens on beforehand incarcerated people who face discrimination as soon as they reenter society, together with when making use of for jobs and locations to dwell. As a result of California regulation retains legal information public, even lengthy after an individual’s sentence ends, these convictions usually floor throughout background checks.

“About 75% of previously incarcerated people are nonetheless unemployed after a yr of their launch,” Durazo mentioned. “So one thing’s flawed there. We count on them to get again on their ft, however we’re not permitting them the assets to get jobs and [have] careers.”

The Senate accepted the invoice in a 28-10 remaining vote, and it’ll head subsequent to Gov. Gavin Newsom for his consideration. The Meeting handed the laws in June.

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If signed into regulation, legal information will nonetheless be supplied to high school districts, county places of work of schooling, constitution colleges, non-public colleges and state particular colleges that conduct background checks for job candidates. Individuals who have their information sealed additionally can be required to reveal their legal historical past if requested when making use of for a job in regulation enforcement or public workplace. Registered intercourse offenders have been excluded from the laws, and people convicted of great and violent crimes must petition a courtroom to have their information sealed.

The invoice would completely and electronically seal most felony convictions after an individual totally completes their sentence, together with any time on probation, and would require a sure variety of subsequent years with none arrests. The invoice would additionally apply to individuals who have been charged with a felony and served time in state jail and who’ve a report of an arrest that by no means resulted in a conviction.

Regulation enforcement, courts and the state Division of Justice would nonetheless have entry to the information.

However regulation enforcement teams raised public security considerations with concealing sure legal information from public view.

The Peace Officers Analysis Assn. of California, the state’s largest regulation enforcement labor group, feared increasing the aid of penalties for felons would place communities in danger, a involved shared by different regulation enforcement advocates.

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“A authorities that has extra open information is extra accessible to the general public,” Frank Huntington, the President of California Assn. of Licensed Investigators advised The Occasions.

Huntington agreed that people with legal backgrounds face discrimination, and mentioned the affiliation was open to limiting the reporting necessities to a shorter time interval.

“To utterly seal information … we’ve an enormous situation with that,” Huntington mentioned, including that non-public investigators would lose entry to courtroom information which might be a cornerstone of their work, which entails in depth background checks.

Underneath present regulation, folks arrested on suspicion of a misdemeanor or who served time in a county jail for a felony could also be eligible to have their information sealed, with comparable exceptions. The proposed laws would broaden that chance to folks with extra felony convictions, together with those that served state jail sentences.

Advocates of the invoice argue that the dearth of entry to employment and housing is what drives recidivism charges and restricts California’s financial improvement.

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Jay Jordan, the chief government of Alliance for Security and Justice, a legal justice advocacy nonprofit and co-sponsor of the invoice, mentioned that persons are relegated to “post-conviction poverty” by being compelled to dwell in marginalized neighborhoods. “Of us marvel why these persons are getting killed? It’s as a result of they dwell in unsafe neighborhoods.”

Jordan mentioned he and his spouse have struggled to undertake a baby due to his outdated legal report.

Jessica Sanchez, who was beforehand incarcerated for a brief time frame however requested to not disclose why for the sake of preserving her privateness in case the invoice passes, mentioned due to her report and limitations to housing, she was compelled to maneuver again to the neighborhood she grew up in.

“I need to dwell in higher communities, however I can’t,” Sanchez mentioned about her neighborhood in Central Los Angeles. For a brief time frame, she needed to transfer to a shelter together with her daughters due to break-ins at one of many first flats. “I can’t take my youngsters out to stroll within the park.”

Sanchez mentioned it took her 9 months to search out an house that wouldn’t ask her about her prior conviction.

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“I simply need a secure place to come back residence to,” she mentioned. “They see that I’m a single father or mother, have seen tattoos, after which they see I verify the field, they usually say, ‘nope, by no means thoughts.’ You don’t even get a name again. As somebody who’s making an attempt to go away all of it behind, I’m caught in the identical place the place chaos occurred. How does that work?”

Due to her legal historical past, Sanchez, a mom of two, mentioned she is beginning to search for new flats earlier than her lease is up in January. She mentioned she is aware of the applying course of goes to take a very long time and he or she has to get forward now. As we speak, she works an administrative job at Homeboy Industries, a Los Angeles-based nonprofit that helps victims of gang violence and different previously incarcerated people reenter society.

Sanchez has hopes to enroll in regulation college, however she fears that when she checks the field indicating she has a legal report, she gained’t qualify for sure scholarships.

“What if I need to dwell my life otherwise and I need no person to know I’ve ever even been to jail?” she mentioned. “Why can’t that be a chance for me?”

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Alabama lawmakers advance bill that could lead to prosecution of librarians

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Alabama lawmakers advance bill that could lead to prosecution of librarians

Alabama lawmakers on Thursday advanced legislation that could see librarians prosecuted under the state’s obscenity law for providing “harmful” materials to minors, the latest in a wave of bills in Republican-led states targeting library content and decisions.

The Alabama House of Representatives voted 72-28 for the bill that now moves to the Alabama Senate. The legislation comes amid a soaring number of book challenges — often centered on LGBTQ content — and efforts in a number of states to ban drag queen story readings.

ALABAMA LAWMAKERS ADVANCE BILLS ENSURING BIDEN APPEARS ON NOVEMBER BALLOT

“This is an effort to protect children. It is not a Democrat bill. It’s not a Republican bill. It’s a people bill to try to protect children,” Republican Rep. Arnold Mooney, the bill’s sponsor, said during debate.

Alabama lawmakers have advanced legislation that could see librarians prosecuted for providing “harmful” materials or programs to minors.

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The Alabama bill removes the existing exemption for public libraries in the state’s obscenity law. It also expands the definition of prohibited sexual conduct to include any “sexual or gender oriented conduct” at K-12 public schools or public libraries that “exposes minors to persons who are dressed in sexually revealing, exaggerated, or provocative clothing or costumes, or are stripping, or engaged in lewd or lascivious dancing, presentations, or activities.”

Under the process laid out in the bill, a librarian in a public library or public K-12 school could face a misdemeanor charge if the librarian fails to remove material or cease conduct that violates the state’s obscenity law within seven days of receiving a written complaint from the public.

Opponents argued that proposal would threaten librarians with criminal prosecution at the whims of community members who disagreed with their decisions on books and programs.

“This process will be manipulated and used to arrest librarians that you don’t like, and not because they did anything criminal. It’s because you disagree with them,” Rep. Chris England, a Democrat from Tuscaloosa, said during debate.

Craig Scott, president of the Alabama Library Association, said libraries already have longstanding procedures for reviewing the suitability of content and for the public to submit challenges if they disagree with a decision.

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“Why are they coming into libraries or thinking that they can come in and run the place better than us as professionals?” Scott said in a phone interview. He predicted the state will lose “lawsuit after lawsuit” if the bill becomes law.

A judge in July temporarily blocked Arkansas from enforcing a similar law that would have allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors.

Scott, who began his career in 1977, said he has never seen anything like the current climate. He said the Gadsden Public Library where he works has seen one person — who eventually obtained a role in library governance — challenge 30 books. Most of the book challenges are related to books with content about gender identity. But they also have included a book about a boy who wants to become a ballet dancer, he said.

“We are for the entire community. We have to be. We’ve got some books in here that are far right. We’ve got some books on the far left. But the library is for the entire community. We’ve got to stay in the middle as best we can, and they want to push us way off to the far right,” Scott said.

Republican Rep. David Faulkner, who worked on a substitute version of the bill that was approved by the House, disputed that the bill could have wide-ranging impact. He said courts have long interpreted what is obscene material.

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The law takes away immunity that K-12 and public libraries had under the obscenity law, but it puts limits on when prosecutions could occur, Faulkner said.

“It’s only going to be a misdemeanor, and it’s only if, after knowing about the material, they didn’t do anything about it,” he said.

Rep. Neil Rafferty, a Democrat from Birmingham, said he was concerned that the bill’s language would allow someone to “target and harass people who might be dressed up in a Halloween costume” or wearing summer clothing that someone considered too revealing.

“I feel like this is a violation of the First Amendment, and it’s easily going to be abused,” he said.

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California battery storage increasing rapidly, but not enough to end blackouts, Gov. Newsom says

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California battery storage increasing rapidly, but not enough to end blackouts, Gov. Newsom says

Gov. Gavin Newsom said Thursday that California continued to rapidly add the battery storage that is crucial to the transition to cleaner energy, but admitted it was still not enough to avoid blackouts during heat waves.

Standing in the middle of a solar farm in Yolo County, Newsom announced the state now had battery storage systems with the capacity of more than 10,000 megawatts — about 20% of the 52,000 megawatts the state says is needed to meet its climate goals.

“This is critical to how we achieve 100% clean energy by 2045,” Newsom said. “Batteries allow us to use clean energy captured by solar and other renewable sources at all times of the day, especially when solar generation drops after the sun goes down.”

The ultimate goal, he said, is to slow climate change.

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“As the hots get hotter, the drys get drier, the wets get wetter, simultaneous droughts, and rain bombs, we have to address these issues with a ferocity that is required of us and we’re doing just that in California,” he said.

Asked by reporters if California now had enough battery storage so that residents no longer had to worry about blackouts during times of high power use, Newsom laughed.

“We have a lot of work to do still in moving this transition, with the kind of stability that’s required,” the governor said. “So no, this is not today announcing that blackouts are part of our past.”

Battery storage installations work by receiving excess solar and wind power and releasing it later, especially from 4 to 9 p.m. when the state’s grid is most under stress.

Last year, Newsom appointees voted to extend the operation of the Diablo Canyon nuclear plant another five years to bolster the reliability of Calfornia’s grid and avoid rolling blackouts. The aging nuclear facility and its twin reactors had been scheduled to shut down.

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In August 2020, a major heat event fueled by the climate crisis forced some of the state’s first rotating power outages in decades, as the ongoing transition to green energy lagged behind demand. Californians narrowly avoided rolling blackouts in 2022 as a record-breaking heat wave broiled almost every corner of the state for days.

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911 call transcript details Democratic Minnesota state senator’s alleged burglary at stepmother's home

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911 call transcript details Democratic Minnesota state senator’s alleged burglary at stepmother's home

When the stepmother of Democratic Minnesota state Sen. Nicole Mitchell reported a home break-in around 4:45 a.m. Monday, she said she was armed with “a little steak knife” after finding an intruder next to her bed, according to a 911 call transcript obtained by Fox News Digital Thursday.

Mitchell’s stepmother told a dispatcher the intruder ran downstairs to the basement of her home in the 700 block of Granger Road in Detroit Lakes, and she didn’t know if the person was “breaking out the back window.”

Mitchell was found and arrested at the home after police arrived and allegedly found her wearing all black with a flashlight covered with a black sock nearby. She was charged with first-degree burglary.

When the dispatcher asked if the caller got a good look at the intruder, she responded: “No, it was completely dark. I tripped over ’em. Ah, he was on the floor next to my bed. He ran downstairs into my basement.”

DEMOCRATIC MINNESOTA STATE SENATOR CLAIMS SHE WAS CHECKING IN ON ILL LOVED ONE DURING ALLEGED BURGLARY

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Democratic state Sen. Nicole Mitchell, 47, was charged with first-degree burglary Tuesday. (Becker County Jail)

The caller also told the dispatcher she had grabbed “a little steak knife.” Throughout the call, she only referred to the intruder as “he” and never suggested she knew who had entered her home. 

Mitchell denied the burglary allegation in a Facebook post Tuesday, claiming she went to check on “a loved one” with Alzheimer’s after learning of medical information which caused her “grave concern.”

READ THE 911 CALL TRANSCRIPT: MOBILE USERS, CLICK HERE

According to the 911 call transcript, the dispatcher asked the caller if she could hear anyone breaking out the window in the basement.

“I’m not hearing anything right now,” she responded. “Maybe the window is already open down there. There’s a basement — a drop window that can crank open. I don’t know.”

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According to a criminal complaint, responding officers found that a black backpack belonging to Mitchell was propping open a basement window. Inside the backpack, officers found a laptop belonging to the stepmother, who told officers that she never gave it to Mitchell.

Nicole Mitchell's state Senate photo

Mitchell was elected to represent Minnesota’s Senate District 47 in 2022. (Minnesota State Senate)

Mitchell acknowledged she entered through a window and told investigators she was trying to get her late father’s ashes, photos, a flannel shirt and other items of sentimental value, the criminal complaint said. Mitchell claimed her stepmother had stopped speaking to her after her father’s death and refused to give her the items.

DEMOCRATIC MINNESOTA STATE SENATOR CHARGED WITH FIRST-DEGREE BURGLARY AFTER BREAKING INTO STEPMOTHER’S HOUSE

“I know I did something bad,” Mitchell is quoted as saying in the complaint.

Democratic State Sen. Nicole Mitchell

Mitchell is accused of breaking into her stepmother’s home and stealing a laptop. (AP Photo/Steve Karnowski)

In Mitchell’s Facebook post, the state senator said she entered the home but did not explain why she apparently entered through a window in the dark early morning hours.

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“Unfortunately, I startled this close relative, exacerbating paranoia, and I was accused of stealing, which I absolutely deny,” Mitchell wrote.

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Mitchell, of Woodbury, has represented District 47 since she was elected to the state Senate in 2022. She was previously a meteorologist for KSTP-TV and Minnesota Public Radio and serves as a lieutenant colonel in the Air National Guard.

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