Bill Text: CA SB1110 | 2013-2014 | Regular Session | Chaptered
Bill Title: Arraignment: military and veteran status: forms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 655, Statutes of 2014. [SB1110 Detail]
Download: California-2013-SB1110-Chaptered.html
BILL NUMBER: SB 1110 CHAPTERED
BILL TEXT
CHAPTER 655
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY JULY 3, 2014
AMENDED IN ASSEMBLY JUNE 16, 2014
AMENDED IN SENATE APRIL 22, 2014
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senator Jackson
FEBRUARY 19, 2014
An act to amend Section 858 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 1110, Jackson. Arraignment: military and veteran status: forms.
Existing law requires, when a defendant is brought before a
magistrate upon arrest, on a charge of having committed a public
offense, the magistrate to immediately inform the defendant of the
charge against him or her and the defendant's right to counsel at
every stage of the proceedings. Under existing law, if it appears
that the defendant may be a minor, the magistrate is required to
ascertain if that is the case and, if it is and the defendant meets
specified requirements, to immediately notify the parent or guardian
of the minor of the arrest or to appoint counsel to the minor.
This bill would require the Judicial Council to revise its
military service form to include information explaining the rights of
individuals who have active duty or veteran status, as defined, and
to include a space for the local court to include the contact
information for the county veterans service office. The bill would
require the court to inform the defendant that there are certain
provisions of law specifically designed for individuals who have
active duty or veteran status and who have been charged with a crime.
The bill would require the court to inform the defendant that if the
defendant is on active duty in the United States military, or is a
veteran of the United States military, the defendant may request a
copy of the Judicial Council military form that explains those rights
and may file that form with the court. The bill would require the
court to advise the defendant that the defendant may, without
penalty, decline to provide that information to the court. The bill
would require a defendant who acknowledges active duty or veteran
status and submits the form to the court to file the form with the
court and serve the form on the prosecuting attorney and defense
counsel. The bill would require the court to transmit a copy of the
form to the county veterans service officer for confirmation of the
defendant's military service, and to transmit a copy of the form to
the Department of Veterans Affairs.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 858 of the Penal Code is amended to read:
858. (a) When the defendant first appears for arraignment on a
charge of having committed a public offense, the magistrate shall
immediately inform the defendant of the charge against him or her,
and of his or her right to the aid of counsel in every stage of the
proceedings.
(b) If it appears that the defendant may be a minor, the
magistrate shall ascertain whether that is the case, and if the
magistrate concludes that it is probable that the defendant is a
minor, and unless the defendant is a member of the Armed Forces of
the United States and the offense charged is a misdemeanor, he or she
shall immediately either notify the parent or guardian of the minor
of the arrest or appoint counsel to represent the minor.
(c) For the purposes of this section, the Judicial Council shall
revise its military service form to include information explaining
the rights under Section 1170.9 and related statutes of individuals
who have active duty or veteran status and shall include a space for
the local court to provide the contact information for the county
veterans service office. For purposes of this section, "active duty
or veteran status" includes active military duty service, reserve
duty status, national guard service, and veteran status.
(d) The court shall inform the defendant that there are certain
provisions of law specifically designed for individuals who have
active duty or veteran status and who have been charged with a crime.
The court shall inform the defendant that if the defendant is on
active duty in the United States military, or is a veteran of the
United States military, the defendant may request a copy of the
Judicial Council military form that explains those rights and may
file that form with the court so that the defendant's active duty or
veteran status is on file with the court. The court shall advise the
defendant that the defendant should consult with counsel prior to
submitting the form and that the defendant may, without penalty,
decline to provide this information to the court.
(e) If the defendant acknowledges active duty or veteran status
and submits the Judicial Council military service form to the court,
the defendant shall file the form with the court and serve the form
on the prosecuting attorney and defense counsel. The form may be used
to assist in determining eligibility for services pursuant to
Section 1170.9. The court shall transmit a copy of the form to the
county veterans service officer for confirmation of the defendant's
military service. The court shall also transmit a copy of the form to
the Department of Veterans Affairs.
