BILL ANALYSIS Ó
SB 1110
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SENATE THIRD READING
SB 1110 (Jackson)
As Amended June 16, 2014
Majority vote
SENATE VOTE :35-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Requires the court to identify a defendant as an
active member or veteran of the military at arraignment.
Specifically, this bill :
1)Requires a magistrate to inquire about a defendant's current
or past military status if he or she is represented by
counsel.
2)Provides that a defendant may decline to provide the
information without penalty.
3)States that if the defendant acknowledges military service,
the Judicial Council form for notification of military status
shall be filed and served on defense counsel and the
prosecuting attorney for future reference related to the
provisions of Penal Code Section 1170.9.
4)Requires that a copy of the Judicial Council form for
notification of military status be transmitted to the county
Veterans Services Officer for confirmation of military
service.
5)Prohibits the magistrate from inquiring about a defendant's
military status if he or she appears at arraignment without
counsel, but requires the court to advise the defendant that
certain current or former members of the military are eligible
for specific forms of restorative relief under the Penal Code.
EXISTING LAW :
SB 1110
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1)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
must immediately inform him or her of the charge against him
or her and of his or her right to the aid of counsel in every
stage of the proceedings.
2)Requires the court, in the case of a person convicted of a
criminal offense who would otherwise be sentenced to county
jail or state prison and who alleges that he or she committed
the offense as a result of post-traumatic stress disorder
(PTSD), substance abuse, or psychological problems stemming
from service in a combat theater in the United States
military, to determine whether the defendant was a member of
the military who served in combat and to assess whether the
defendant suffers from PTSD, substance abuse, or psychological
problems as a result of that service.
3)States that if the court concludes that a defendant convicted
of a criminal offense was a member of the military suffering
from PTSD, substance abuse, or psychological problems stemming
from service in a combat theater and if the defendant is
otherwise eligible for probation and the court places the
defendant on probation, the court may order the defendant into
a local, state, federal, or private, nonprofit treatment
program for a period not to exceed that which the defendant
would have served in state prison or county jail, provided the
defendant agrees to participate in the program and the court
determines that an appropriate treatment program exists.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Penal Code [Section] 1170.9
is a groundbreaking law designed to give our most traumatized
soldiers a chance to confront and overcome the wounds of war.
It directs courts to consider treatment rather than
incarceration when sentencing a defendant who serves or who has
served in the military.
"SB 1110 would identify the military and veterans status of
defendants at arraignment, the first stage in the court process,
so that those who are eligible may be considered for treatment
SB 1110
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rather than incarceration under Penal Code [Section] 1170.9. SB
1110 would save taxpayer money, prevent crime and unnecessary
incarceration, and ensure that defendants' underlying conditions
are addressed."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0004035