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 SENATE  APRIL 2, 2014

INTRODUCED BY   Senator Jackson

                        FEBRUARY 19, 2014

   An act to  add Section 977.5 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 to enquire as to the active
duty or veteran status of the defendant and require specified
actions if the defendant acknowledges military service, including
filing Judicial Counsel Form MIL-100 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
also make technical changes.  
   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 858 of the   Penal
Code   is amended to read: 
   858.   (a)    When the defendant  is
brought before the magistrate upon an arrest, either with or without
warrant,   first appears for arraignment  on a
charge of having committed a public offense, the magistrate 
must   shall  immediately inform  him
  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.  If 
    (b)     If  it appears that the
defendant may be a minor, the magistrate shall ascertain whether
 such   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, by telephone, telegram, or messenger,
  minor  of the  arrest,  
arrest  or appoint counsel to represent the minor. 
   (c) The magistrate shall enquire 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, Judicial Counsel Form MIL-100 shall
be filed by the defendant and served on the prosecuting attorney and
defense counsel 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.  
  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.