Bill Text: CA SB1110 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 1110	AMENDED
	BILL TEXT

	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, as amended, 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 magistrate, if the defendant is
represented by counsel, to inquire as to the active duty or veteran
status of the defendant and require specified actions if the
defendant acknowledges military service, including filing  the
 Judicial Council  Form MIL-100   form for
notification of military status  and transmitting the form to
the county veterans services officer for confirmation of military
service. The bill would provide that a defendant may decline to
provide military service information without penalty. The bill would
require, if the defendant is not represented by counsel, that the
magistrate not make an inquiry into the defendant's current or past
military status, and that the court advise the defendant that certain
current or former members of the United States military who meet
certain qualifications are eligible for specific forms of restorative
relief. The bill would also make technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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) If the defendant is represented by counsel, the magistrate
shall inquire as to the defendant's active duty or veteran status in
the United States military. The defendant may decline to provide that
information without penalty. If the defendant acknowledges military
service,  the  Judicial Council  Form MIL-100
  form for notification of military status  shall
be filed by the defendant and served on the prosecuting attorney and
defense counsel and may be used to determine eligibility for services
pursuant to Section 1170.9. A copy of the form shall be transmitted
to the county veterans services officer for confirmation of military
service.
   (d) If the defendant appears without counsel, the magistrate shall
not make an inquiry into the defendant's current or past military
status. The court shall advise the defendant that certain current or
former members of the United States military who meet certain
qualifications are eligible for specific forms of restorative relief
under the Penal Code.