New California Laws Effective January 1, 2025

Cracking Down on Retail Theft

Organized retail theft is permanently codified into California law through AB 1802 and SB 982.

It is now considered a felony to possess over $950 of items obtained through retail theft with the intention to resell (AB 2943). Similarly, breaking into vehicles to steal property valued at $950 or more with the intention to resell is now also considered a felony (SB 905).

Juvenile Dependency and Child Welfare

Effective immediately, child custody proceedings involving Indian children must follow the California Indian Child Welfare Act. This means conducting inquiry on the child's possible Native American heritage and tribal membership eligibility at the first court appearance. Parties and persons present at the proceedings must also inform the court if they receive information about the child's possible Native American heritage. (AB 81)

Collaborative Courts

A few changes will affect collaborative justice courts, which combine judicial supervision with rehabilitative services.

If a defendant is charged with a drug offense, courts are required to order an available drug treatment or education program. (AB 2106)

A probation officer can refer offenses to youth court (with consent from the youth and family) as opposed to filing a petition to declare the youth as a dependent or ward of the court under SB 1005.

Under SB 1323, courts are now allowed to make competency determinations based on written evaluations by licensed psychologists or psychiatrists. Additionally, courts may refer incompetent defendants charged with felonies to mental health diversion programs. Furthermore, under SB 1400, if a defendant is incompetent to stand trial in a misdemeanor case, the court must consider referral to diversion or other options and subsequent dismissal at certain timeframes.

Under SB 910, treatment courts in California will need to operate in accordance with state and national guidelines, and the Judicial Council will be required to revise drug court standards of administration by Jan. 1, 2026.

Felony offenses will be added to pretrial diversion programs in veterans court under SB 1025.

Artificial Intelligence

Artificial intelligence (AI) has been a hot topic across all industries and especially in California. The state will implement the CA Transparency Act, which requires AI businesses to identify AI-generated content (SB 942). This law will be set to go into effect on Jan. 1, 2026.

Courts and Access to Justice

The CARE Act has been implemented in all California counties as of Dec. 1 of this year. Starting July 1, 2025, California courts will be required to provide ongoing notice of CARE Act proceedings to original petitioners (SB 42).

In continuing the council's commitment to access to justice, AB 170 will extend remote proceedings in juvenile and civil cases. Courtrooms utilizing remote technology will need to meet minimum standards set by the Judicial Council, as well as provide regular reporting to the courts and the council.

Other Laws of Note

Starting January 1, 2025, tenants will have 10 days to respond to an unlawful detainer summons and complaint, doubling the previous 5-day deadline that has been in effect since 1971 (AB 2347).

Under AB 1186, minors can no longer be charged with restitution fines and any outstanding balances of these fines will be uncollectible and unenforceable 10 years after they were imposed.