Mike Rowe’s Response to a Dying Special Forces Soldier is What Every American Needs to Read to End 2016

OFF THE WIRE
By Tribunist Staff
 In recent months, Mike Rowe has become known for his impassioned and emotional Facebook posts just as much, if not more so, than his string of hit television shows. Today, Mike posted another update to his popular Facebook page about a special forces soldier who is going through a very tough time with ALS.

Apparently, Mike had received a communication from Justin, a former Special Forces soldier who fought for the United States before his body began failing him. Mike wrote back to the young man and it was just recently that he received Mike’s message.
That’s when Justin’s parents sent another letter to Mike and inspired Mike to write another poignant response.
Here is the letter received by Rowe from Justin’s parents:
Dear Mike: I sit here in tears, because of you.
Our son Justin – a strong willed, a special forces military man who fought in countries where most of us will never go, loves to watch and read about you. “Totally an admirable man.” That’s what he always says about you.
Our son is dying from ALS. Later this afternoon, he had a horrible experience causing him great discomfort both physical and emotional. After a little time to calm down, and with the help of his girlfriend, they opened his mail, and found what you sent. It brought tears to his eyes just knowing you took the time out to acknowledge him.
So, from two parents who are watching their son die a slow and horrible death, brought on by defending our freedom in other countries, we send you our deepest gratitude.
Sincerely
Diane Dodson
That’s when the always eloquent Rowe went into another heartfelt Facebook post that likely left thousands of people, not just Justin’s parents, with a tear in their eye.
Hi Diane,
I suspect words like “Merry” and “Happy” are difficult to hear at the moment, so I’ll forego the holiday greetings, and simply say “you’re welcome.”
I was very sad to learn of your son’s illness, and deeply humbled that a man like Justin finds me “admirable.” Please assure him the feeling is mutual.
The truth is, acknowledging Justin’s service is both an honor and a privilege. I know that my freedom and my liberty were bought and paid for by people like your son. I know his freedom is now being removed one day at a time. I know that his liberty is being slowly denied, by an enemy he cannot overcome.
I would like you to know, that your note reminded me of just how tenuous it all is. Our freedom. Our liberty. Our health. It’s all so fragile. And so damn easy to take for granted.
Sooner or later, our bodies will fail us. There are no exceptions. But what Justin did with his body while it was still in his control, has left me forever in his debt, and mindful of what matters most. Because ultimately, there is no greater threat to our freedom, than a lack of gratitude to those who provide it.
Your note is a reminder that acknowledging soldiers like Justin, requires me to count our many blessings, and vow to be a better version of myself. Actually Diane, it’s more than a reminder – it’s a gift. A gift from you and your son.
A gift for which we, the undersigned, are most grateful.
Mike

Here is the full post from Rowe’s page:

BABE OF THE DAY

CA - Amid Massive Backlash, DA Drops DUI Charges Against Man Who Tested Positive for Caffeine

OFF THE WIRE
More Cali Shame....
(Excerpt from the article which I completely agree with. And oh btw, SNOPES is NOT a trusted source either)
Schwab’s case, once again, serves as further evidence that given a badge and a title, officers can get away with anything. These mistakes and missteps in policing are costing thousands of dollars for innocent people to defend against, needlessly clogs the court systems, and ultimately ends up solving no crimes.

If a man can be charged with a DUI for having caffeine in his system, no one is safe from police and their lawless quest to generate revenue from bogus charges.


Thanks in part to public exposure brought about by alternative media sites such as The Free Thought Project and others, Joseph Schwab of Fairfield, CA, will not face felony driving under the influence (DUI) charges for operating his vehicle while under the effects of caffeine. Yes. That’s right. Caffeine.
However, police note that they are still charging him with reckless driving.
TFTP brought attention to Schwab’s case on Monday in our first story. And on Wednesday, the Solano County, CA District Attorney Krishna Abrams, announced they were dropping the DUI charges against Schwab. “After further consideration, without a confirmatory test of the specific drug in the defendant’s system that impaired his ability to drive, we do not believe we can prove the charge beyond a reasonable doubt,” the press release reads.
Despite their best attempts to charge this man with a DUI, they were unable to find anything other than caffeine in his system.

According to KCRA, Abrams still believes some drug other than caffeine was in Schwab’s system, but that testing didn’t reveal it.

“Do we wish that it could test for more drugs?” Abrams said of their testing system. “Absolutely, because then we would know what was in his system.”
So, for 16 months these charges lingered over Schwab’s head — based solely on the hunch of a DA.
On Wednesday, Snopes attempted to ‘debunk’ the story by claiming that the Free Thought Project “(implied) his legal troubles were the result of merely drinking too much coffee.”
However, that is not at all what was reported. In fact, the Free Thought Project simply covered the police department’s own admission that Schwab was charged with a DUI and the only drug in his system at the time was caffeine. These two facts are indisputable. However, the supposed arbiter of ‘fake news’ insisted on slandering the Free Thought Project anyway.
John Vibes of TFTP described the arrest which took place in 2015, “Schwab was driving home from work when he was pulled over by an agent from the California Department of Alcoholic Beverage Control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically. The officer claims that Schwab cut her off and she gave him a breathalyzer which showed a blood alcohol content of 0.00%. Unfortunately, the officer was still not convinced. So, she arrested him and took him to jail so his blood could be drawn for other drugs. His blood tests came back negative for all illegal drugs. But he did test positive for caffeine. For some reason, this was enough to charge Schwab with a DUI,” Vibes wrote.
Neither a highway patrolman, a county, nor a city police officer arrested Schwab, but rather an Alcohol Beverage Control (ABC) agent made the arrest. According to the Daily Republic, Michelle Ott, was the ABC agent who arrested him.

Ott is assigned to the Bay Area field enforcement office and reportedly made 54 arrests in 2014 for “crimes related to underage drinking and 36 other arrests, including for public drunkenness and sales to intoxicated patrons at and around businesses licensed by the ABC.”
While Ott did indeed conduct a field sobriety test, and felt strongly that Schwab was under the influence of some illicit substance, the toxicology report came back negative, and should have immediately resulted in all DUI charges being dropped. But Schwab had to fight the charges for over a year before ultimately not being charged with the crime.
Schwab’s case, once again, serves as further evidence that given a badge and a title, officers can get away with anything. These mistakes and missteps in policing are costing thousands of dollars for innocent people to defend against, needlessly clogs the court systems, and ultimately ends up solving no crimes.

If a man can be charged with a DUI for having caffeine in his system, no one is safe from police and their lawless quest to generate revenue from bogus charges.

USA - FederalReserve

OFF THE WIRE
The #FederalReserve has devalued the currency, acted as the funding mechanism for countless unconstitutional programs - and shouldn't even exist.

After states legalized medical marijuana, traffic deaths fell....

OFF THE WIRE
"Legalization of medical marijuana is not linked with increased traffic fatalities, a new study finds. In some states, in fact, the number of people killed in traffic accidents dropped after medical marijuana laws were enacted."

By Ronnie Cohen

(Reuters Health) - Legalization of medical marijuana is not linked with increased traffic fatalities, a new study finds. In some states, in fact, the number of people killed in traffic accidents dropped after medical marijuana laws were enacted.

“Instead of seeing an increase in fatalities, we saw a reduction, which was totally unexpected,” said Julian Santaella-Tenorio, the study’s lead author and a doctoral student at Columbia University’s Mailman School of Public Health in New York City.

Since 1996, 28 states have legalized marijuana for medical use.

Deaths dropped 11 percent on average in states that legalized medical marijuana, researchers discovered after analyzing 1.2 million traffic fatalities nationwide from 1985 through 2014.

The decrease in traffic fatalities was particularly striking – 12 percent – in 25- to 44-year-olds, an age group with a large percentage of registered medical marijuana users, the authors report in the American Journal of Public Health.

Though Santaella-Tenorio was surprised by the drop in traffic deaths, the results mirror the findings of another study of data from 19 states published in 2013 in The Journal of Law and Economics. It showed an 8 to 11 percent decrease in traffic fatalities during the first full year after legalization of medical marijuana.
“Public safety doesn’t decrease with increased access to marijuana, rather it improves,” Benjamin Hansen, one of the authors of the previous study, said in an email. Hansen, an economics professor at the University of Oregon in Eugene, was not involved in the current study.

He cautioned that both marijuana and alcohol are drugs that can impair driving.

It’s not clear why traffic deaths might drop when medical marijuana becomes legal, and the study can only show an association; it can’t prove cause and effect.

The authors of both studies suggest that marijuana users might be more aware of their impairment as a result of the drug than drinkers. It’s also possible, they say, that patients with access to medical marijuana have substituted weed at home for booze in bars and have stayed off the roads.

Or, they suggest, the drop in traffic fatalities could stem from other factors, such as an increased police presence following enactment of medical marijuana laws.

Law-enforcement authorities have yet to devise a way to test drivers for marijuana intoxication, and have raised concerns about drivers high on cannabis.

Though traffic deaths dropped following legalization of medical marijuana laws in seven states, fatality rates rose in Rhode Island and Connecticut, the study found.

California immediately cut traffic deaths by 16 percent following medical marijuana legalization and then saw a gradual increase, the study found. Researchers saw a similar trend in New Mexico, with an immediate reduction of more than 17 percent followed by an increase.

The findings highlight differences in various states’ medical marijuana laws and indicate the need for research on the particularities of how localities have implemented them, Santaella-Tenorio said.

Voters in Denver, Colorado approved a November ballot measure to allow public consumption of marijuana, Hansen noted. But, he said, “We don’t know the public health consequences of those types of policy changes yet.”


SOURCE: bit.ly/2igtabO American Journal of Public Health, online December 20, 2016.

BABE OF THE DAY

CA - Devils Ride Postscript

OFF THE WIRE
agingrebel.com

Tommy “Gipsy” Quinn, a star of a “reality “ television show named The Devils Ride which ran on the Discovery Channel from May 8, 2012 until March 10, 2014 has won a legal victory in his attempt to vindicate himself of charges that he molested his ex-wife’s eight and 10-year-old daughters from a previous marriage.

In a video recorded interview with a forensic child psychologist employed by child welfare services, one of the two girls graphically reported being molested by Quinn. Quinn later described the girl’s demeanor during the interview as “bizarre” and “rehearsed.” Quinn was arrested on August 28, 2012 while visiting Carla Sottile, the girls’ mother and Quinn’s then wife at Sharp Grossmont Hospital in La Mesa, California.

Gipsy

The television show, produced by Bischoff Hervey Entertainment Television, LLC about a San Diego motorcycle club named the Laffing Devils, was promoted as: “Life inside one of Southern California’s biggest motorcycle clubs doesn’t come easy…but it’s sure intriguing. For the first time ever, The Laffing Devils allows a never-before-seen look into the gritty world of motorcycle clubs.”

The Laffing Devils was a real motorcycle club and Quinn was one of its founders. The club disbanded during the first of the show’s three seasons. During the run of the show, Carla Sottile was a San Diego police officer. The network listed Quinn’s profession as “bounty hunter.”

The initial accusation that Quinn had molested the girls was made by Christopher and Carie Keller. Christopher Keller is the girls’ father and Carla Sottile’s first husband. At the time Keller accused Quinn of molesting the girls, Keller and Sottile were engaged in a longstanding dispute in family court over custody of the girls.

E.D.

After he made bail, Quinn hired a lawyer named Richard Berkon who showed police evidence that indicated Quinn was incapable of the crimes. According to Berkon, Quinn suffered from erectile dysfunction and retrograde ejaculation at the time of the alleged molestation and was suffering from a service related back injury that made him unable to lift more than ten pounds. The charges against Quinn were dropped.

Quinn believes the accusation of child molestation shamed him and caused him to lose his job as the “star” of a television show. After the incident, Carla Sottile also divorced him. And according to the The San Diego Union-Tribune, Quinn is “now working odd jobs.”

Quinn filed suit against the Kellers in August 2014. In general in California, a “person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by this article unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused.” Quinn thinks he can prove the Kellers “recklessly” accused him.

The Kellers were served with Quinn’s complaint in March 2015. In August of that year, they moved that Quinn’s suit should be dismissed. A trial court first granted then denied their motion, eventually ruling that Quinn could probably prove that the Kellers “had coached” the two girls “to falsely accuse Quinn of sexual abuse.”

The Kellers appealed that ruling. Yesterday, the California Fourth Appellate District Court of Appeal ruled that Quinn could proceed with his lawsuit.

BABE OF THE DAY

Ventura Ca - Promoter of cyclist toy drive disputes police characterization

OFF THE WIRE
Megan Diskin , megan.diskin@vcstar.com, 
805-437-0258
A promoter of a toy-collection event put on earlier this month by a Ventura motorcycle club disputes police allegations that the event was affiliated with gangs.
Jerry Jeffreys was one of a few people to contact The Star saying they disliked that authorities used the word "gang" to describe the motorcycle clubs that attended the event.
Jeffreys, a member of the Sons of Hell motorcycle club, helped organize the Dec. 18 event at the Veterans of Foreign Wars hall at 3801 Market St. in Ventura. The event was hosted by the Ventura chapter of Hells Angels, which puts on a toy drive every year, Jeffreys said.
Jeffreys said he helped promote the event by sharing it on social media and contacted the recipient of the collected toys, RAIN Transitional Living Center, a housing program for homeless families.
Local law enforcement agencies conducted high-visibility directed enforcement in the area on the day of the event after seeing a flier stating that Hells Angels was the host and alcohol would be served, said Sgt. Brian Slominski, of the Ventura County sheriff's gang unit.
"Events like these are held every year throughout the country and historically tend to have illegal street racing, alcohol-fueled violence and shootings," the Ventura County Sheriff's Office stated in a news release.
To prevent these illegal activities, the gang unit and Ventura police conducted their enforcement efforts, Slominski said. Five people were arrested on suspicion of drug and weapon violations and 16 traffic-related violations were issued, but not inside the event, he said.

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"We were off the property completely," Slominski said.

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Although these groups use the term "motorcycle clubs," they are motorcycle gangs in the eyes of law enforcement, Slominski said.
Jeffreys said he thinks the term is derogatory and has a negative connotation. He said motorcycle clubs and people associated with these groups should not be looked upon poorly.
"It makes the people who attended feel like they're part of something they're not," Jeffreys said. The toy drive included Christian and veterans motorcycle clubs, Jeffreys said.
Slominski said not all of the people who were at the event were affiliated with gang activity but that based on the information officials had, he stands by the enforcement efforts.
Jeffreys said he understood why law enforcement officers might be in the area during the event but said the high number of uniformed officers was a bit much. He also said that even though officers were not on the property, many of the people at the event were stopped by officers simply because they went to the toy drive.

"That's profiling," Jeffreys said. "That's harassment."

OH YAAAAAAAA

HAPPY HOLIDAYS

CA - DMV Reminds Motorists of New 2017 Laws

OFF THE WIRE
By California Department of Motor Vehicles (DMV)

Sacramento December 21, 2016 – With the New Year just around the corner, the California Department of Motor Vehicles (DMV) wants to inform the public of several new laws or changes to existing law that, unless otherwise noted, take effect on January 1, 2017. The following are summaries of some transportation-related laws taking effect.

Use of Electronic Wireless Devices (AB 1785, Quirk): Driving a motor vehicle while holding and operating a handheld wireless telephone or a wireless electronic communications device will be prohibited, unless the device is mounted on a vehicle’s windshield or is mounted/affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road. The driver’s hand may only be used to activate or deactivate a feature or function on the device with the motion of a single swipe or tap of the driver’s finger, but not while holding it. The law does not apply to manufacturer-installed systems that are embedded in a vehicle.

Child Safety Seats (AB 53, Garcia): This law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is younger than 2 years of age in an appropriate rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height (3 feet, 3 inches).

Motorcycle Lane Splitting (AB 51, Quirk): This law defines “lane splitting” as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The law authorizes the California Highway Patrol (CHP) to develop educational guidelines relating to lane splitting in a manner that would ensure the safety of motorcyclists, drivers, and passengers. In developing these guidelines, the law requires the CHP to consult with specified agencies and organizations that have an interest in road safety and motorcyclist behavior.

Vehicle Registration Fee (SB 838, Committee on Budget and Fiscal Review): This law increases the vehicle registration fee on every vehicle or trailer coach from $43 to $53 beginning April 1, 2017.

Environmental License Plate (SB 839, Committee on Budget and Fiscal Review): This law increases the fee for the issuance of Environmental License Plates from $43 to $53, starting July 1, 2017. This law also increases the fee for the renewal, retention, transfer, or duplication of Environmental License Plates (personalized) from $38 to $43, starting January 1, 2017.

Accident Reporting (SB 491, Committee on Transportation and Housing): This law increases the minimum financial threshold for property damage that is required to be reported to the DMV from $750 to $1,000 when a driver is involved in a motor vehicle collision.

Vehicle Safety Recalls (AB 287, Gordon): This law enacts the Consumer Automotive Recall Safety (CARS) Act, and requires the DMV to include a general advisory regarding vehicle recalls and needed repairs on each vehicle registration renewal notice. This law prohibits a dealer or a rental car company from renting or loaning a vehicle with a manufacturer’s recall no later than 48 hours after receiving the notice—until the vehicle has been repaired. This law gives a limited exception for a licensed dealer or a rental car company with a fleet of 34 or fewer loaner or rental vehicles. The law authorizes the DMV to suspend or revoke a vehicle dealer’s license if they violate the CARS Act.

Year of Manufacture License Plates (SB 1429, Nielsen): This law expands the Year of Manufacture (YOM) license plate program to include vehicles and license plates manufactured through 1980. This law benefits owners of vintage motor vehicles who obtain license plates from the year corresponding to the vehicle’s model-year, and wish to use those vintage plates in lieu of regular license plates. Such plates are commonly found from different sources, including relatives, garage sales, estate sales, etc. The program will include the blue and yellow license plates issued for use on California motor vehicles from 1970 until 1980.

Background Checks of Drivers of Transportation Network Companies (AB 1289, Cooper): A transportation network company (TNC) will be required to perform a comprehensive background check of all their drivers. This law also specifies penalties for a TNC that violates or fails to comply with this requirement. A TNC will be prohibited from contracting with, employing, or retaining a driver if they are registered on the U.S. Department of Justice National Sex Offender public website, has been convicted of specified felonies, or within the previous seven years, has been convicted of a misdemeanor assault or battery, domestic violence, or driving under the influence of alcohol or drugs. Any TNC in violation of the specified requirements is subject to a penalty of not less than $1,000 or more than $5,000 for each offense.

Installing Counterfeit or Nonfunctional Air Bags (AB 2387, Mullin): This law prohibits knowingly and intentionally manufacturing, importing, installing, reinstalling, distributing, or selling any device intended to replace an air bag system in any motor vehicle if the device is a counterfeit or nonfunctional air bag system, or does not meet federal safety requirements. The law also prohibits selling, installing, or reinstalling any device that would cause a vehicle’s diagnostic system to fail to warn when the vehicle is equipped with a counterfeit, nonfunctional, or a case in which no air bag was installed. This violation is a misdemeanor punishable by a $5,000 fine and/or up to a one year in county jail.

We are all humans first

OFF THE WIRE

From guns to sex crimes to texting, the new laws affecting California in 2017

OFF THE WIRE

BY JEREMY B. WHITE

jwhite@sacbee.comEvery Fall, Gov. Jerry Brown’s time is consumed by what could best be described as legislative triage.
He sifts through the hundreds of bills sent to his desk and decides which ones will become law. This year, the Legislature sent Brown 1,059 pieces of legislation, 898 of which the governor deemed worthy of his signature. He vetoed 159 and let two become law without signing them.
On Jan. 1 we’ll start seeing the results. What follows is a list of the laws taking effect Jan. 1 (some of them passed in prior years but were designed to kick in on Jan. 1, 2016).
Mascot names
Cheering for the “Redskins” is officially a thing of the past in California as of Jan. 1. Passed back in 2015, Assembly Bill 30 gave public schools until 2017 to ditch a mascot now widely denounced as racist and insensitive to Native Americans. The four remaining California high schools using the mascot have complied: two of those schools now cheer for the “Tribe,” one roots on the “Reds” and one has ditched a mascot altogether.
Welfare payments
After years of trying to erase a welfare rule they said punishes poor people, Democrats finally succeeded in repealing a policy known as the “maximum family grant” that bars women who get pregnant while on welfare from drawing additional benefits. As of Jan. 1, women in that situation can apply for benefits to cover the new child. They can also apply to cover children who are still minors and were previously excluded.
Minimum wage
Increases in the minimum wage will kick in gradually over the next few years, realizing a deal to eventually boost the pay floor to a nation-leading $15 an hour. As of Jan. 1, California’s minimum wage goes to $10.50 an hour for businesses with 26 or more employees.
 Jerry Brown: Raising minimum wage moral, though 'may not make sense'The Democratic California governor signed legislation gradually raising statewide minimum wage to $15 an hour.David Siders dsiders@sacbee.comAssault weapons
As part of a package fortifying California’s already-tough gun laws, Senate Bill 880 and Assembly Bill 1135 sought to ban guns that circumvent a previously passed assault weapon law with reloading devices called “bullet buttons.” California bars purchasing, semi-automatic, centerfire rifles or semi-automatic pistols that lack a fixed magazine and have one of a number of features that include a protruding pistol grip or a folding or telescoping stock. If you already own one, you’ll need to register it with the California Department of Justice.
 Explaining California's new assault weapon banNew California laws will broaden the definition of prohibited assault weapons, cracking down on a quick-reloading device referred to as the "bullet button."Jeremy B. White jwhite@sacbee.comPark names
For all you Yosemite National Park fans mourning the hotel formerly known as the Ahwahnee, there is Assembly Bill 2249. After a concessionaire decided to rename the famous building the Majestic Yosemite Hotel, lawmakers looked for a way to ensure it wouldn’t happen again – at least at a state park. The bill they came up with doesn’t affect the Yosemite dispute, but it bars businesses who win state park concession contracts from trademarking names associated with the park.
 Video: Ken Cooley shares his memories of YosemiteAssemblyman Ken Cooley is pursuing a bill that would ban concessionaires at state parks if they trademark iconic names.Alexei Koseff akoseff@sacbee.comContractors
The fatal 2015 collapse of a balcony in Berkeley spurred legislators to examine how the state vets building contractors. The result was Senate Bill 465, which compels the California Department of Industrial Relations and the Division of Occupational Safety and Health to tell the Contractors State License Board when the state punishes wayward builders. The measure, watered down amid heavy lobbying from the building industry, also requires contractors to tell the licensing board about past convictions for felonies or other crimes that could affect their work.
 Berkeley balcony collapse survivor: 'My life has been changed forever'Aoife Beary, a 21-year-old Irishwoman who survived last year's balcony collapse in Berkeley, on Aug. 10, 2016 urged lawmakers to support Senate Bill 465 for greater scrutiny of building contractors. The balcony collapse occurred during Beary's birthday paAlexei Koseff akoseff@sacbee.comGun loans
Another component in the gun bill sought to crack down on gun lending. Assembly Bill 1511 outlaws most gun loans, though it makes exceptions for hunting guides and for a limited number of loans to family members.
Prostitution decriminalization
Sex workers under the age of 18 are victims, not criminals – that mantra guided several criminal justice bills this year. Among those signed into law was Senate Bill 1322, which bars law enforcement from arresting minors for prostitution or loitering with intent.
 Former Sacramento sex worker talks about life on the streetMiss Lady, a former sex worker in Sacramento is trying to better herself. She attends college and would like to start a nonprofit to help girls off the street. "Some of them are scared to death to leave their pimp." State lawmakers have considered measureJosé Luis Villegas The Sacramento Bee​Prostitution sentencing
Another bill altering the repercussions for sex work was Senate Bill 1129, which removes mandatory minimum sentences for repeat prostitution offenders. That means judges have more flexibility in the sentences they hand down, both for people soliciting sex and people selling it.
Sexual assault
Sellers of sex may be getting some leniency, but the opposite will be true for people who sexually assault a defenseless victim. The jail sentence a Stanford student received in June for assaulting a passed-out woman (he was released in September), fomented outrage and led to Assembly Bill 2888, which mandates a prison term for sexually assaulting people who are unconscious.
 Prosecutor in Stanford swimmer case urges tougher sexual assault lawsAlaleh Kinaerci, the deputy district attorney who prosecuted Stanford swimmer Brock Turner for sexually assaulting an unconscious woman, testifies for enhanced criminal penalties in Sacramento on June 28, 2016.Jeremy B. White jwhite@sacbee.com 'The truth won': California senators read Stanford assault victim's statementCalifornia state senators read the 7,200-word statement from the 23-year-old woman who was sexually assaulted on the Stanford University campus by Brock Turner. Turner was convicted in March of three counts of sexual assault and sentenced to six months inHector Amezcua The Sacramento BeeRape sentencing
Another bill reflecting headline-grabbing sexual assault cases, Senate Bill 813 brought accusers of disgraced entertainer Bill Cosby to hearings in Sacramento. It eliminates the statute of limitations for rape cases, allowing prosecutors to bring charges no matter how much time has passed since the crime. The bill will cover new offenses but can’t be applied retroactively. That means old rapes still must be prosecuted either within 10 years or, if the victim was a minor, by her 40th birthday, with some exemptions for child sex crimes or DNA evidence.
Distracted driving
One swipe or one tap: that’s all the phone interaction you get while driving thanks to Assembly Bill 1785, which limits motorists to simple actions on mounted phones. Existing California law had already banned texting or making calls while behind the wheel unless a phone is hands-free. Assembly Bill 1785 tries to maintain the prohibition on distracted driving while allowing people to use GPS.
 Powerful message about texting while drivingDid you know that when you send or receive a text you take your eyes off the road for 5 seconds? At 55 mph, that's like driving the length of an entire football field, blindfolded.NHTSACar seats
The littlest Californians will also be affected by a new road safety law. Assembly Bill 53, passed back in 2015, requires that kids under the age of two be fastened into rear-facing child safety seats. There’s an exception for children who weigh at least 40 pounds or are at least 40 inches tall. Children under the age of eight will need to ride in the backseat.
Public financing
As public disgust with the role of money in politics mounts, more people have promoted the idea of publicly financed elections, in which candidates get public dollars rather than relying entirely on private donations. Until recently, that wouldn’t have worked in much of California, since a voter-passed initiative forbade public financing in many cities and counties. Senate Bill 1107 undoes that prohibition, allowing more local governments to set up public financing. In early December, the Howard Jarvis Taxpayers Association filed suit to block the law.
Mail ballots
Sweeping changes to how Californians vote are coming thanks to Senate Bill 450. Many of the bill’s provisions won’t kick in for a while, but one change that takes effect on Jan. 1 should make casting a ballot easier. Voters can now return mail ballots at any county elections office in the state, not just in the county that issued the ballot.
Voter registration
Another effort to facilitate voting, Assembly Bill 1436, passed back in 2012 but takes effect on Jan. 1. It allows people to register to vote on Election Day, with county elections headquarters serving as registration hubs starting two weeks before Election Day. Technically it allows for “conditional voter registration,” which means the ballots aren’t counted until officials verify the voter is eligible and hasn’t cast a ballot elsewhere. Current law cuts off registration 15 days before Election Day.
Epi-pens
More places will be able to treat allergy attacks by stocking epinephrine auto-injectors under Assembly Bill 1386, which allows pharmacies to dispense the devices to colleges, private businesses and other venues that have a plan in place for using Epi-Pens. Gov. Jerry Brown signed the bill with some reluctance, saying the measure could save lives but lambasting manufacturer Mylan for “unconscionable price increases.”
California still working on getting young voters to cast ballotsSecretary of State Alex Padilla spoke about voter registration and turnout efforts during an address to community college officials at Woodland Community College on Sept. 19, 2016. More work remains to be done to encourage students to register and vote, hJim Miller The Sacramento BeeState travel
Conceived in response to an Indiana law allowing businesses to cite religious freedom as a legal defense, which prompted concerns about turning away gay or transgender customers, Assembly Bill 1887 says state agencies cannot require employees to travel to states with laws on the books permitting “discrimination on the basis of sexual orientation, gender identity, or gender.” It also bars employees for getting reimbursed for travel to those states. Currently, the bill will only affect travel to North Carolina, Tennessee and Mississippi. Indiana isn’t covered because its law came before a June 2015 cutoff written into AB 1887.
Asset forfeiture
Liberal Democrats and libertarian Republicans found common cause on Senate Bill 443, which limits law enforcement seizing private property under a tactic known as “asset forfeiture.” State law enforcement or local cops will need a conviction to hold onto a share of property seized during federal investigations, unless the forfeited property is $40,000 or more in cash. In state cases, they’ll need a conviction to keep less than $40,000 worth of cash or property like homes and vehicles.
Felons voting
As Californians convicted of low-level felonies increasingly serve their sentences outside of prison, Assembly Bill 2466 declares that such offenders have a right to vote. How that’s implemented is up to the counties, who are typically responsible for people serving their sentences either in jails or under post-release supervision.
Hot dogs
Have you ever passed a dog locked in a car on a sweltering day and thought, “I wish I could do something”? Well, now you can. Assembly Bill 797 allows good Samaritans to liberate animals who are showing signs of distress, provided they can’t find the owner. They also must first contact law enforcement and wait for the authorities to show up.
 California Republicans get sweaty for dog safetyIn this promotional video produced by California Assembly Republicans on May 16, 2016, lawmakers advocate for Assembly Bill 797, which would allow people to break dogs out of hot cars. From left, they are Assemblymembers Kristin Olsen of Riverbank, Ling LJeremy B. White jwhite@sacbee.comDate rape drugs
Law enforcement groups frustrated by Proposition 47, which downgraded drug possession from a felony to a misdemeanor, pushed for Senate Bill 1182. The bill allows prosecutors to pursue felony charges for people who possess drugs like ketamine, GHB and flunitrazepam and can be proven to have the intent to commit sexual assault. Attempted sexual assault was already a crime, which was a factor in Brown vetoing a near-identical bill last year out of reluctance to create new crimes that could create “increasing complexity without commensurate benefit.” This time, Brown let the bill become law without his signature.
Ballot sharing
Of all the surprising political stories of 2016, the ballot selfie battle was one of the least expected. Who knew there was so much desire for people to take photos of how they voted? As it turns out, enough for the ACLU to file a lawsuit. In any event, in future elections you can snap pics of your filled-out ballot and post it wherever you like, free from government harassment, thanks to Assembly Bill 1494.
Boycott, divestment and sanctions
Originally, Assembly Bill 2844 was conceived as a rebuke of the “boycott, divestment and sanctions” movement that manifests resistance to Israeli policy by refusing to do business with the country. Warning of thinly veiled anti-Semitism, Jewish lawmakers pushed to bar California from giving contracts to businesses that boycott Israel; a later version would have made the California Attorney General list those businesses online. The iteration that was signed into law has bidders for state contracts self-certify that they aren’t running afoul of anti-discrimination laws.
Right-to-try
Aimed at dying Californians who are running out of time and options, Assembly Bill 1668 allows drug manufacturers to make available treatments that haven’t gone through the full Food and Drug Administration approval process. Patients would need to have exhausted other options, including trying to get into clinical trials, and get the okay from two different physicians. Even then, drug companies could decline.
Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article121358433.html#storylink=cpy

BABE OF THE WEEK MELISSA

CA - 'Bullet Button' Ban And Other Calif. Gun Laws Take Effect On Jan. 1

OFF THE WIRE
Ben Bradford 
California lawmakers and voters approved major changes to state gun laws this year. Some have already gone into effect, some start at the beginning of the new year, while others don’t kick in until later. Here's a brief rundown of major changes.

ALREADY IN EFFECT

As soon as Proposition 63 passed last month, it required gun dealers to report lost or stolen weapons.

The ballot measure also bars a person convicted of stealing a gun from owning a firearm for 10 years and makes the crime punishable as felony. It also becomes a crime to knowingly sell ammunition to a person the seller believes isn't allowed to own it or he or she suspects may trade it on the black market.

TAKING EFFECT JAN. 1

Starting in 2017, state lawmakers are including rifles with “bullet buttons”—that allow users to detach magazines quickly, using the tip of a bullet or other tool—in the state’s assault weapons ban.

In Midtown Sacramento, the staff at M+J Gun Trade have adjusted the stock they order, but perhaps not in the way one might expect.

"We can’t get enough of it," says Manuel Hernandez, a salesman who also does most of the ordering. "Our sales went up three or four hundred percent on that type of item, so anything that would be affected by the law." 

Hernandez calls it a "snowball effect" of the election, Christmas and the new law taking effect.

Owners of rifles that fall under the ban do not have to turn them in, but will have to register them with the state justice department by the end of next year.

Other laws taking effect prohibit gun owners from loaning their firearms, other than to family members, and require conceal carry and law enforcement weapons to be locked away in parked cars. 

IN EFFECT LATER

A ban on ownership of magazines that contain more than 10 rounds takes effect in July, while background checks on ammunition will begin in 2018.

Also starting in January of 2018, most Californians will be prohibited from buying ammunition out-of-state and bringing it back across the state line.

Most of these laws include some exemptions.

6th Circuit Court - : Police can shoot dog if it moves or barks when cop enters home

OFF THE WIRE
By Ryan Lovelace (@LovelaceRyanD)
Barking dogs today....cats meowing, birds chirping, snakes hissing, fish blowing bubbles tomorrow...heaven help those with farm animals.
http://www.washingtonexaminer.com/court-police-c…/…/2610097…#!
A ruling from the 6th Circuit Court serves as a warning to dog owners: Teach your dog to sit still and be quiet or risk police justifiably shooting the dog.
Mark and Cheryl Brown petitioned the court to hold the city and police officers from Battle Creek, Mich., accountable for shooting and killing their dogs while executing a search warrant of their home looking for evidence of drugs. The plaintiffs said the police officers' actions amounted to the unlawful seizure of property in violation of the Fourth Amendment.
The circuit court on Monday agreed with a lower court ruling siding with the police officers.
"The standard we set out today is that a police officer's use of deadly force against a dog while executing a warrant to search a home for illegal drug activity is reasonable under the Fourth Amendment when, given the totality of the circumstances and viewed from the perspective of an objectively reasonable officer, the dog poses an imminent threat to the officer's safety," Judge Eric Clay wrote in the court's opinion.

Stay abreast of the latest developments from nation's capital and beyond with curated News Alerts from the Washington Examiner news desk and delivered to your inbox.

In the case of the Browns' two pit bulls, the imminent threat came from the dogs barking and moving around. One officer shot the first pit bull after he said it "had only moved a few inches" in a movement that he considered to be a "lunge." The injured dog retreated to the basement, where the officer shot and killed it as well as the second dog while conducting a sweep of the residence.
"Officer Klein testified that after he shot and killed the first dog, he noticed the second dog standing about halfway across the basement," the court's opinion explained. "The second dog was not moving towards the officers when they discovered her in the basement, but rather she was 'just standing there,' barking and was turned sideways to the officers. Klein then fired the first two rounds at the second dog."
After the wounded dog ran into a back corner of the basement, another officer shot the dog rather than seeking help for it.
"Officer Case saw that 'there was blood coming out of numerous holes in the dog, and ... [Officer Case] didn't want to see it suffer,' so he put her out of her misery and fired the last shot," Clay wrote.

The court decided that the plaintiffs failed to provide evidence showing the first dog did not lunge at police officers and that the second dog didn't bark. Clay wrote that Mark Brown's testimony that he didn't hear any barking when the officers approached the residence did not have any impact on whether the dogs were a threat to the officers after they entered the house.

JANUARY 2017 ABATE MEETING

OFF THE WIRE

MERRY CHRISTMAS AND HAPPY NEW YEAR!

Since the January meeting falls on New Years’ Day this year, it was unanimously decided at the December meeting that we would cancel the meeting.  I can’t even remember the last time we actually cancelled a meeting and that goes way back to the mid 1980’s. 

BUT, there is another option.  Local 11 has their meeting the following Sunday and has invited us to attend.  Here are the details:

                DATE:                    Sunday, January 8, 2017

                TIME:                    11:00 A.M.

WHERE:                ESCONDIDO MOOSE LODGE

                                25721 Jesmond Dene Road

                                Escondido, CA 92026

QUESTIONS:       Dan Buse             760-807-7294

                                                                buse13@cox.net

They have a really great, inexpensive breakfast at the lodge so come early and enjoy.  Mark your calendars and ride up to join the members of Local 11 for the first meeting of 2017!

Nancy Nemecek

V.P. – ABATE Local 6