BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1481|
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THIRD READING
Bill No: AB 1481
Author: Assembly Budget Committee
Amended: 8/21/12 in Senate
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2012: Public Safety Budget
Trailer Bill
SOURCE : Author
DIGEST : This bill provides the statutory changes
necessary to implement the Public Safety portions of the
2012 Budget Act of 2012-13. Specifically, this bill (1)
clarifies that at least one party demanding a jury on each
side of a civil case shall pay non-refundable fee of $150,
and that all plaintiffs shall be considered one side of the
case, and all other parties shall be considered the other
side of the case and specifies that the fee shall be due at
least five days before the trial date for unlawful detainer
actions and makes other non-substantive clarifying changes
related to the jury deposit fee; (2) makes clarifying
technical change to exclude the Department of Corrections
and Rehabilitation (CDCR), Division of Juvenile Justice
(DJJ) wards committed pursuant to In re C.H. from recently
enacted statute SB 1021 (Leno), that changed the maximum
age of jurisdiction for DJJ wards from 25 to 23. DJJ wards
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committed pursuant to C.H. have a maximum age of
jurisdiction of 21 and should not have been subject to the
jurisdictional change made in SB 1021; and (3) clarifies
the operative date for the recently enacted prohibition on
the use of time-adds as a DJJ disciplinary tool and removes
the requirement that the DJJ promulgate regulations
relating to ward discharge consideration date extensions.
Senate Floor Amendments of 8/21/12 delete the contents of
the bill. The amendments now constitute the bill.
ANALYSIS : Existing law requires each party demanding a
jury trial to deposit advance jury fees in the amount of
$150 with the clerk or judge. Existing law requires the
court to transmit the advance jury fees to the State
Treasury for deposit in the Trial Court Trust Fund within
45 calendar days after the end of the month in which the
advance jury fees are deposited with the court.
This bill instead requires that at least one party
demanding a jury on each side of a civil case pay a
nonrefundable fee of $150, unless the fee has been paid by
another party on the same side of the case. This bill
makes that fee due on or before the date scheduled for the
initial case management conference in the action, except in
specified circumstances. The bill makes related and
conforming changes to those provisions.
Existing law authorizes the juvenile court to retain
jurisdiction over a ward of the court, until the ward
attains 21 years of age, except in certain circumstances.
Existing law further authorizes the court to retain
jurisdiction over a ward who has committed specified
serious offenses or other offenses requiring registration
as a sex offender, until age 25, if committed to CDCR,
Division of Juvenile Facilities, or to a state hospital or
mental health facility. Existing law also requires, on and
after July 1, 2012, every person committed by the juvenile
court to CDCR, Division of Juvenile Facilities, by reason
of committing specified offenses, to be discharged after a
two-year period of control, or when that person reaches 23
years of age, whichever occurs later, except as specified.
This bill removes specified offenses requiring registration
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as a sex offender from those provisions that allow the
court, in certain circumstances, to retain jurisdiction
over a ward until that person attains either 25 years of
age or 23 years of age. The bill states that these changes
apply retroactively.
Existing law authorizes CDCR to develop and implement a
system of graduated sanctions for wards that distinguishes
between minor, intermediate, and serious misconduct.
Existing law further requires CDCR to promulgate
regulations to implement a table of sanctions to be used in
determining discharge consideration date extensions.
Existing law also authorizes CDCR to extend a ward's
discharge consideration date, subject to appeal, to not
more than 12 months, for a sustained serious misconduct
violation if all other sanctioning options have been
considered and determined to be unsuitable in light of the
previous case history and circumstances of the misconduct.
This bill deletes the above provision requiring CDCR to
promulgate regulations to implement a table of sanctions,
in certain circumstances. The bill also revises the above
provision regarding a ward's discharge to instead prohibit
CDCR from extending a ward's discharge consideration date
for incidents occurring after September 1, 2012.
The bill appropriates $1,000 from the General Fund to CDCR
for administration.
This bill declares that it is to take effect immediately as
a bill providing for appropriations related to the Budget
Bill.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 47-23, 3/22/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Lara, Ma,
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Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Solorio,
Swanson, Torres, Wieckowski, Williams, Yamada, John A.
Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Jeffries,
Jones, Knight, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Wagner
NO VOTE RECORDED: Fletcher, Gorell, Hall, Harkey, Logue,
Bonnie Lowenthal, Mendoza, Portantino, Skinner, Valadao
RJG:dm 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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