BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                       SB 1110|
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                                    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  


                                                                    SB 1110

            must immediately inform him of the charge against him and of  
            his right to the aid of counsel in every stage of the  
          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.

          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. 



                                                                    SB 1110

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  

           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

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