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, if the defendant is represented by counsel, to inquire as to the active duty or veteran status of the defendant and require specified actions if the defendant acknowledges military service, including filing the Judicial Council form for notification of military status 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 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. The bill would also make technical changes.end delete
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State-mandated local program: no.
The people of the State of California do enact as follows:
Section 858 of the Penal Code is amended to
(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
P3 1her, and of his or her right to the aid of counsel in every stage of
3(b) If it appears that the defendant may be a minor, the
4magistrate shall ascertain whether that is the case, and if the
5magistrate concludes that it is probable that the defendant is a
6minor, and unless the defendant is a member of the Armed Forces
7of the United States and the offense charged is a misdemeanor, he
8or she shall immediately either notify the parent or guardian of the
9minor of the arrest or appoint counsel to represent the minor.
10(c) If the defendant is represented by counsel, the magistrate
11shall inquire as to the defendant’s active duty or veteran status in
12the United States military. The defendant may decline to provide
13that information without penalty. If the defendant acknowledges
14military service, the Judicial Council form for notification of
15military status shall be filed by the defendant and served on the
16 prosecuting attorney and defense counsel and may be used to
17determine eligibility for services pursuant to Section 1170.9. A
18copy of the form shall be transmitted to the county veterans
19services officer for confirmation of military service.
20(d) If the defendant appears without counsel, the magistrate
21shall not make an inquiry into the defendant’s current or past
22military status. The court shall advise the defendant that certain
23current or former members of the United States military who meet
24certain qualifications are eligible for specific forms of restorative
25relief under the Penal Code.