BILL NUMBER: AB 701 CHAPTERED 09/25/01 CHAPTER 334 FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2001 APPROVED BY GOVERNOR SEPTEMBER 24, 2001 PASSED THE ASSEMBLY AUGUST 30, 2001 PASSED THE SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 19, 2001 AMENDED IN SENATE JUNE 18, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY APRIL 26, 2001 INTRODUCED BY Assembly Member Dickerson (Coauthors: Assembly Members Ashburn, Bogh, Cogdill, Cox, Hollingsworth, La Suer, Leach, Maddox, Robert Pacheco, Runner, and Strickland) (Coauthors: Senators Monteith and Oller) FEBRUARY 22, 2001 An act to amend Section 626 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST AB 701, Dickerson. Juveniles: booking and fingerprinting. Existing law authorizes a peace officer to take into temporary custody a minor for whom there is reasonable cause to believe he or she has committed a crime, and provides for the disposition of the minor, as specified. This bill would provide that if the minor is released upon written notice to appear, the written notice to appear may require the minor to be fingerprinted, photographed, or both, upon appearance before the probation officer under certain circumstances. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 626 of the Welfare and Institutions Code is amended to read: 626. An officer who takes a minor into temporary custody under the provisions of Section 625 may do any of the following: (a) Release the minor. (b) Deliver or refer the minor to a public or private agency with which the city or county has an agreement or plan to provide shelter care, counseling, or diversion services to minors so delivered. (c) Prepare in duplicate a written notice to appear before the probation officer of the county in which the minor was taken into custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor was taken into custody. The officer shall deliver one copy of the notice to the minor or to a parent, guardian, or responsible relative of the minor and may require the minor or the minor's parent, guardian, or relative, or both, to sign a written promise to appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer. The written notice to appear may require that the minor be fingerprinted, photographed, or both, upon the minor's appearance before the probation officer, if the minor is a person described in Section 602 and he or she was taken into custody upon reasonable cause for the commission of a felony. (d) Take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts take place or the circumstances exist which are alleged to bring the minor within the provisions of Section 601 or 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide the statement to the probation officer at the time the minor is delivered to the probation officer. In no case shall the officer delay the delivery of the minor to the probation officer for more than 24 hours if the minor has been taken into custody without a warrant on the belief that the minor has committed a misdemeanor. In determining which disposition of the minor to make, the officer shall prefer the alternative which least restricts the minor's freedom of movement, provided that alternative is compatible with the best interests of the minor and the community.