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

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-Introduced.html

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BILL NUMBER: SB 1110	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 19, 2014

   An act to add Section 977.5 to the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1110, as introduced, Jackson. Arraignment: military and veteran
status: forms.
   Existing law governs criminal proceedings, including arraignment
of the defendant. Existing law also provides alternative sentencing
procedures, under specified circumstances, if a court makes a
determination prior to sentencing that a defendant who has been
convicted of a criminal offense was, or currently is, a member of the
United States military and may be suffering from sexual trauma,
traumatic brain injury, post-traumatic stress disorder, substance
abuse, or mental health problems as a result of that service, as
specified.
   Existing law authorizes the board of supervisors of each county to
appoint a county veterans service officer to perform veteran-related
services, as specified.
   This bill would require a court to order that a form identifying
the military and veteran status of the defendant be completed
whenever a defendant is arraigned. The bill would require that the
form be a part of the court file and acknowledged on the record by
the court and the defense counsel, if any. The bill would authorize
the court to provide a copy of the form free of charge to the county
veterans service officer and to the United States Department of
Veterans Affairs for verification of the information provided on the
form, if necessary. The bill would require the Judicial Council to
develop and adopt the form.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 977.5 is added to the Penal Code, to read:
   977.5.  (a) Whenever a defendant is arraigned, the court shall
order that a form identifying the military and veteran status of the
defendant be completed. The completed form shall be a part of the
court file and shall be acknowledged on the record by the court and
the defense counsel, if any. The court may provide a copy of the form
free of charge to the county veterans service officer and to the
United States Department of Veterans Affairs for verification of the
information provided on the form, if necessary.
   (b) The Judicial Council shall develop and adopt the form
described in subdivision (a) for purposes of this section.