BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1110|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1110
Author: Jackson (D)
Amended: 4/22/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De León
SUBJECT : Arraignment: military and veteran status: forms
SOURCE : AMVETS, Department of California
Vietnam Vets of America
DIGEST : This bill requires courts to identify a defendant as
an active duty member or veteran of the military at arraignment.
ANALYSIS : Existing law:
1.Allows a combat veteran who is eligible for probation for a
crime he/she has committed to be ordered to the appropriate
treatment program when the court finds that he/she committed
the offense as a result of sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse or
mental health problems stemming from service in the United
States Military.
2.Provides that when a defendant is brought before the
magistrate upon an arrest, either with or without warrant, on
a charge of having committed a public offense, the magistrate
CONTINUED
SB 1110
Page
2
must immediately inform him of the charge against him and of
his right to the aid of counsel in every stage of the
proceedings.
This bill:
1.Provides that at the arraignment, if the defendant is
represented, the magistrate shall also inquire as to the
defendant's active duty or veteran status in the United States
military; the defendant may decline to provide such
information for privacy reasons without penalty. If the
defendant acknowledges military service, Judicial Council Form
MIL-100 (notification of Military status) shall be filed and
served on defense counsel and the prosecuting attorney for
future reference related to specified provisions. A copy of
the Form MIL-100 shall be transmitted to the county Veterans
Services Officers for confirmation of military service.
2.Provides that if the defendant appears without counsel, the
magistrate shall not make an inquiry into the defendant's
current or past military status. The court shall 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, as specified.
Comments
According to the author's office, in a 2014 report of the San
Diego Veterans Treatment Review Court Pilot Program, most
veterans that become involved in the criminal justice system are
not being identified as veterans, and most veterans suffer more
than one post-deployment conviction before they have a case in
which they are identified as a military veteran.
SB 1110 would save taxpayer money, prevent crime and unnecessary
incarceration, and ensure that defendants' underlying conditions
are addressed by ensuring that those who are eligible and their
attorneys are aware of their eligibility.
SB 1110 requires that whenever a defendant is arraigned, then an
inquiry is made into their military or veteran status, and that
defense and prosecuting attorneys are notified of this status.
Disclosure of this status by the defendant would be voluntary.
CONTINUED
SB 1110
Page
3
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/30/14)
AMVETS, Department of California (source)
Vietnam Vets of America (source)
American Legion-Department of California
California Association of County Veterans Service Officers
California Attorneys for Criminal Justice
California Public Defenders Association
Veterans Caucus of the California Democratic Party
Veterans of Foreign Wars - Department of California
JG:nl 5/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED