Chris Micheli – Page 248 – California Globe

Types of Penalties to Draft in Statutes

February 15, 2023 9:30 amFebruary 15, 2023 9:33 am

There are basically three types of penalties that we find in statutes around the country, including criminal, civil, and administrative penalties. In general, a civil penalty is a financial payment assessed by a court for violation of a statute or...

Express Versus Implied Repeals of California Statutes

February 14, 2023 6:57 amFebruary 14, 2023 7:06 am

What is the difference between an express repeal and an implied repeal of a statute? An express repeal is relatively obvious because the Legislature has definitely “expressed” its intent to repeal a particular statute. A reader may see language such...

Federal Constitutional Limitations on the California Legislature

February 13, 2023 1:16 pmFebruary 13, 2023 1:22 pm

When drafting and considering bills in the California Legislature, bill drafters and legislators in this state need to be aware of some of the limitations on state legislatures imposed by the federal Constitution. The United States Constitution is generally viewed...

Guidelines for Drafting Bill Titles

February 12, 2023 8:08 amFebruary 12, 2023 8:12 am

Drafting a bill’s title is an important task for legislative lawyers. In California, there is the constitutional single-subject rule and so the title of the bill needs to ensure compliance with that requirement. In other words, the title needs to...

The Ralph Civil Rights Act in California

February 11, 2023 10:05 amFebruary 11, 2023 10:09 am

Civil Code Section 51.7(a) creates the Ralph Civil Rights Act of 1976, which provides that all persons within the jurisdiction of California have the right to be free from any violence, or intimidation by threat of violence, committed against their...

Guidelines for Drafting Bill Summaries

February 10, 2023 7:16 amFebruary 10, 2023 7:19 am

An important task for the legislative lawyer is to draft bill summaries. In general, a bill summary should be brief, but easy to read and understand. It should provide a succinct, clear, and accurate synopsis of the major points of...

Tom Bane Civil Rights Act in California

February 9, 2023 8:13 amFebruary 9, 2023 7:09 pm

Civil Code Section 52.1(a) created the Tom Bane Civil Rights Act, which provides that, if a person, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion,...