Bill Text: CA AB177 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Juveniles: parenting classes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-09-06 - Chaptered by Secretary of State - Chapter 258, Statutes of 2011. [AB177 Detail]

Download: California-2011-AB177-Amended.html

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BILL NUMBER: AB 177	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2011

INTRODUCED BY   Assembly Member Mendoza

                        JANUARY 24, 2011

   An act to amend Section 727.7 of the Welfare and Institutions
Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 177, as amended, Mendoza. Juveniles: parenting classes.
   Existing law authorizes the juvenile court, if a minor is found to
be within the jurisdiction of the juvenile court by reason of the
commission of a gang-related offense, and the court finds that the
minor is a first-time offender and orders that a parent or guardian
retain custody of that minor, to order the parent or guardian to
attend antigang violence parenting classes. Under existing law, the
father, mother, spouse, or other person liable for the support of the
minor, the estate of that person, and the estate of the minor are
liable for the cost of the classes, unless the court finds that the
person or estate does not have the financial ability to pay.
   This bill would expand the authority of the juvenile court to
order the parent or guardian of a minor to attend antigang violence
parenting classes  , to include   to
additionally apply to  a minor  who has been deemed a
habitual truant, or  who is within the jurisdiction of the
juvenile court for habitual disobedience  or   ,
a curfew violation,  truancy,  or for the commission of
certain additional offenses   or an offense that is not
gang-related if the court finds that factors exist that may indicate
gang involvement on the part of the minor or may lead to future gang
involvement  .
   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 727.7 of the   Welfare
and Institutions Code  is amended to read: 
   727.7.  (a) If a minor is found to be a person described in
Section  601 or  602  by reason of the commission of
a gang-related offense,  and the court finds that the minor
is a first-time offender and orders that a parent or guardian retain
custody of that minor, the court may order the parent or guardian to
attend antigang violence parenting classes  if the court finds
that factors exist that may indicate gang involvement on the part of
the minor, or may lead to future gang involvement  .
   (b) The Department of Justice shall establish curriculum for the
antigang violence parenting classes required pursuant to this
section, including, but not limited to, all of the following
criteria:
   (1) A meeting in which the families of innocent victims of gang
violence share their experience.
   (2) A meeting in which the surviving parents of a deceased gang
member share their experience.
   (3) How to identify gang and drug activity in children.
   (4) How to communicate effectively with adolescents.
   (5) An overview of pertinent support agencies and organizations
for intervention, education, job training, and positive recreational
activities, including telephone numbers, locations, and contact names
of those agencies and organizations.
   (6) The potential fines and periods of incarceration for the
commission of additional gang-related offenses.
   (7) The potential penalties that may be imposed upon parents for
aiding and abetting crimes committed by their children.
   (c) For purposes of this section, "gang-related" means that the
minor was an active participant in a criminal street gang, as
specified in subdivision (a) of Section 186.22 of the Penal Code, or
committed an offense for the benefit of, or at the direction of, a
criminal street gang, as specified in subdivision (b) or (d) of
Section 186.22 of the Penal Code.
   (d) The father, mother, spouse, or other person liable for the
support of the minor, the estate of that person, and the estate of
the minor shall be liable for the cost of classes ordered pursuant to
this section, unless the court finds that the person or estate does
not have the financial ability to pay. In evaluating financial
ability to pay, the court shall take into consideration the combined
household income, the necessary obligations of the household, the
number of persons dependent upon this income, and whether reduced
monthly payments would obviate the need to waive liability for the
full costs. 
  SECTION 1.    Section 727.7 of the Welfare and
Institutions Code is amended to read:
   727.7.  (a) If a minor is found to be either of the following, and
the court orders that a parent or guardian retain custody of that
minor, the court may order the parent or guardian to attend antigang
violence parenting classes:
   (1) A person described in Section 602 by reason of the commission
of any of the following offenses:
   (A) A gang-related offense, as defined in subdivision (c), if the
court finds the minor has not previously committed a gang-related
offense.
   (B) The purchase, attempt to purchase, consumption, or possession
of an alcoholic beverage, or presentation or possession of false
identification, in violation of Section 25658, 25658.5, 25661, or
25662 of the Business and Professions Code.
   (C) Possession of marijuana in violation of Section 11357 of
Health and Safety Code, or planting, cultivating, harvesting, drying,
or processing any marijuana in violation of Section 11358 of Health
and Safety Code.
   (D) Loitering, in violation of Section 11532 of the Health and
Safety Code.
   (E) Vandalism, in violation of Section 594 of the Penal Code.
   (F) Trespass, in violation of subdivision (m) of Section 602 of
the Penal Code.
   (G) An act committed on or in a facility or vehicle of a public
transportation system, in violation of paragraph (2), (3), (4), or
(5) of subdivision (d) of Section 640 of the Penal Code.
   (H) Disorderly conduct, in violation of subdivision (f) of Section
647 of the Penal Code.
   (I) Any violation of the rules and regulations of the Department
of Parks and Recreation established pursuant to Sections 5003 and
5008 of Public Resources Code.
   (J) Evasion of fares on a public transportation system, in
violation of Section 27176 of Streets and Highways Code.
   (K) Unlawful taking or driving of a vehicle with the intent to
temporarily deprive the owner of his or her possession, in violation
of Section 10851 of the Vehicle Code.
   (2) A person described in Section 601 or deemed a habitual truant
pursuant to Section 48262 of the Education Code.
   (b) The Department of Justice shall establish curriculum for the
antigang violence parenting classes required pursuant to this
section, including, but not limited to, all of the following
criteria:
   (1) A meeting in which the families of innocent victims of gang
violence share their experience.
   (2) A meeting in which the surviving parents of a deceased gang
member share their experience.
   (3) How to identify gang and drug activity in children.
   (4) How to communicate effectively with adolescents.
   (5) An overview of pertinent support agencies and organizations
for intervention, education, job training, and positive recreational
activities, including telephone numbers, locations, and contact names
of those agencies and organizations.
   (6) The potential fines and periods of incarceration for the
commission of additional gang-related offenses.
   (7) The potential penalties that may be imposed upon parents for
aiding and abetting crimes committed by their children.
   (c) For purposes of this section, "gang-related" means that the
minor was an active participant in a criminal street gang, as
specified in subdivision (a) of Section 186.22 of the Penal Code, or
committed an offense for the benefit of, or at the direction of, a
criminal street gang, as specified in subdivision (b) or (d) of
Section 186.22 of the Penal Code.
   (d) The father, mother, spouse, or other person liable for the
support of the minor, the estate of that person, and the estate of
the minor shall be liable for the cost of classes ordered pursuant to
this section, unless the court finds that the person or estate does
not have the financial ability to pay. In evaluating financial
ability to pay, the court shall take into consideration the combined
household income, the necessary obligations of the household, the
number of persons dependent upon this income, and whether reduced
monthly payments would obviate the need to waive liability for the
full costs.