Amended in Senate April 22, 2014

Amended in Senate April 2, 2014

Senate BillNo. 1110


Introduced by Senator Jackson

February 19, 2014


An act 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 magistratebegin insert, if the defendant is represented by counsel,end insert tobegin delete enquireend deletebegin insert inquireend insert as to the active duty or veteran status of the defendant and require specified actions if the defendant acknowledges military service, including filing Judicialbegin delete Counselend deletebegin insert Councilend insert 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.begin insert The bill would require, if the defendant is not represented by counsel, that the magistrate not make an inquiry into the defendant’s current or past military status, and that the court advise the defendant that certain current or former members of the United States military who meet certain qualifications are eligible for specific forms of restorative relief.end insert The bill would also make technical changes.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 858 of the Penal Code is amended to
2read:

3

858.  

(a) When the defendant first appears for arraignment on
4a charge of having committed a public offense, the magistrate shall
5immediately inform the defendant of the charge against him or
6her, and of his or her right to the aid of counsel in every stage of
7the proceedings.

8(b) If it appears that the defendant may be a minor, the
9magistrate shall ascertain whether that is the case, and if the
10magistrate concludes that it is probable that the defendant is a
11minor, and unless the defendant is a member of the Armed Forces
12of the United States and the offense charged is a misdemeanor, he
13or she shall immediately either notify the parent or guardian of the
14minor of the arrest or appoint counsel to represent the minor.

15(c) begin deleteThe end deletebegin insertIf the defendant is represented by counsel, the end insertmagistrate
16shallbegin delete enquireend deletebegin insert inquireend insert as to the defendant’s active duty or veteran
17status in the United States military. The defendant may decline to
18provide that information without penalty. If the defendant
19acknowledges military service, Judicialbegin delete Counselend deletebegin insert Councilend insert Form
20MIL-100 shall be filed by the defendant and served on the
21 prosecuting attorney and defense counselbegin insert andend insert may be used to
22determine eligibility for services pursuant to Section 1170.9. A
23copy of the form shall be transmitted to the county veterans
24services officer for confirmation of military service.

begin insert

25(d) If the defendant appears without counsel, the magistrate
26shall not make an inquiry into the defendant’s current or past
27military status. The court shall advise the defendant that certain
28current or former members of the United States military who meet
29certain qualifications are eligible for specific forms of restorative
30relief under the Penal Code.

end insert


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