Bill Text: CA AB1214 | 2017-2018 | Regular Session | Amended
Bill Title: Juvenile proceedings: competency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 991, Statutes of 2018. [AB1214 Detail]
Download: California-2017-AB1214-Amended.html
Amended
IN
Senate
May 10, 2018 |
Amended
IN
Assembly
March 28, 2017 |
Assembly Bill | No. 1214 |
Introduced by Assembly Member Mark Stone |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, the Levying Officer Electronic Transactions Act, a levying officer, as defined, may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based. Existing law requires any electronic record transmitted to a levying officer to be accompanied by specified information, including the name and electronic address of the sender. Existing law requires the person transmitting the electronic record to, among other things, deliver the paper version of the record or document to the levying officer within 5 days after a request to do so has been mailed to the sender by the levying officer.
This bill would require an electronic record transmitted to a levying officer to be accompanied by the mailing address of the sender in addition to the above-described information. The bill would clarify that the person transmitting the electronic record must deliver the paper version of the record or document to the levying officer within 5 days after a written request to do so has been mailed to the sender by the levying officer.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 709 of the Welfare and Institutions Code is repealed.(a)During the pendency of any juvenile proceeding, the minor’s counsel or the court may express a doubt as to the minor’s competency. A minor is incompetent to proceed if he or she lacks sufficient present ability to consult with counsel and assist in preparing his or her defense with a reasonable degree of rational understanding, or lacks a rational as well as factual understanding, of the nature of the charges or proceedings against him or her. If the court finds substantial evidence raises a doubt as to the minor’s competency, the proceedings shall be suspended.
(b)Upon suspension of proceedings, the court shall order that the question of the minor’s competence be determined at a hearing. The court shall appoint an expert to evaluate whether the minor suffers
from a mental disorder,
developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor’s competency. The expert shall have expertise in child and adolescent development, and training in the forensic evaluation of juveniles, and shall be familiar with competency standards and accepted criteria used in evaluating competence.
The Judicial Council shall develop and adopt rules for the implementation of these requirements.
(c)If the minor is found to be incompetent by a preponderance of the evidence, all proceedings shall remain suspended for a period of time that is no longer than reasonably necessary to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future, or the court no longer retains jurisdiction. During this time, the court may make orders that it deems appropriate for services, subject to subdivision (h), that may assist the minor in attaining competency. Further, the court may rule on motions that do not require the participation of the minor in the preparation of the motions. These motions include, but are not limited to, the following:
(1)Motions to dismiss.
(2)Motions by the defense regarding a change in the placement of the minor.
(3)Detention hearings.
(4)Demurrers.
(d)If the minor is found to be competent, the court may proceed commensurate with the court’s jurisdiction.
(e)This section applies to a minor who is alleged to come within the jurisdiction of the court pursuant to Section 601 or 602.
(f)If the expert believes the minor is developmentally disabled, the court shall appoint the director of a regional center for developmentally disabled individuals described in Article 1 (commencing with Section
4620) of Chapter 5 of Division 4.5, or his or her designee, to evaluate the minor. The director of the regional center, or his or her designee, shall determine whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), and shall provide the court with a written report informing the court of his or her determination. The court’s appointment of the director of the regional center for determination of eligibility for services shall not delay the court’s proceedings for determination of competency.
(g)An expert’s opinion that a minor is developmentally disabled does not supersede an independent determination by the regional center whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)).
(h)Nothing in this section shall be interpreted to authorize or require the following:
(1)The court to place a minor who is incompetent in a developmental center or community facility operated by the State Department of Developmental Services without a determination by a regional center director, or his or her designee, that the minor has a developmental disability and is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(2)The director of the regional center, or his or her designee, to make determinations regarding the competency of a minor.
SEC. 2.
Section 709 is added to the Welfare and Institutions Code, to read:709.
(a) (1) If the court has a doubt that a minor who is subject to any juvenile proceedings is competent, the court shall suspend all proceedings and proceed pursuant to this section.SEC. 3.
Section 712 of the Welfare and Institutions Code is amended to read:712.
(a) The evaluation ordered by the court under Section 711 shall be made, in accordance with the provisions of Section 741 and Division 4.5 (commencing with Section 4500), by either of the following, as applicable:SEC. 4.
To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.(a)A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based.
(b)An electronic record transmitted to a levying officer shall be accompanied by all of the following information:
(1)The name of the sender.
(2)The electronic address of the sender.
(3)The mailing address of the sender.
(4)The name of the levying officer.
(5)The electronic address or fax number of the levying officer.
(c)The person transmitting the electronic record shall do both of the following:
(1)Retain the paper version of the record or document.
(2)Deliver the paper version of the record or document to the levying
officer within five days after a written request to do so has been mailed to the sender by the levying officer.
(d)For the purpose of this section, “transmission” of an electronic record includes sending the electronic record included in, or in conjunction with, an electronic mail message, as defined in Section 263.1.