BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1110|
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UNFINISHED BUSINESS
Bill No: SB 1110
Author: Jackson (D)
Amended: 7/3/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De León
SENATE FLOOR : 35-0, 5/8/14 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Evans, Fuller, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,
Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Gaines, Knight, Wright, Yee
ASSEMBLY FLOOR : 78-0, 8/14/14 (Consent) - See last page for
vote
SUBJECT : Arraignment: military and veteran status: forms
SOURCE : AMVETS, Department of California
Vietnam Vets of America
DIGEST : This bill requires the court to inform defendants at
arraignment about the availability of restorative relief
provisions for defendants that are current or former members of
the military.
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Assembly Amendments require the courts to inform defendants
about the treatment and restorative relief programs available to
eligible active duty military or veterans upon their
arraignment, and require the Judicial Council to revise its
military service form to include information about these
programs available to these veterans.
ANALYSIS : Existing law:
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/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.
This bill:
1.Requires the Judicial Council to revise its military service
form to include information explaining restorative relief
provisions of the Penal Code applying to defendants having
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active duty or veteran military status, as well as the contact
information for the county veterans' service office.
2.Specifies that "active duty or veteran status" includes active
military duty service, reserve duty service, national guard
service, and veteran status.
3.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.
4.Requires the court to advise the defendant that he/she may
request a copy of the Judicial Council form for notification
of military status which explains those rights.
5.Requires the court to advise the defendant that he/she should
consult with counsel before submitting the form and that
he/she may decline to provide the information without penalty.
6.States that if the defendant files the form for notification
of military status, then the form shall be served on defense
counsel and the prosecuting attorney to determine eligibility
for veterans' restorative relief.
7.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, and to the Department of Veterans Affairs.
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
rather than incarceration under Penal Code [Section] 1170.9. SB
1110 would save taxpayer money, prevent crime and unnecessary
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incarceration, and ensure that defendants' underlying conditions
are addressed."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/15/14)
AMVETS, Department of California (co-source)
Vietnam Vets of America (co-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
OPPOSITION : (Verified 8/15/14)
Department of Finance
ARGUMENTS IN OPPOSITION : The Department of Finance is opposed
to the bill stating, "it may create a reimbursable state mandate
with unknown, but potentially significant General Fun costs by
requiring court veterans service officers to provide
confirmation of the defendant's military service to the court."
ASSEMBLY FLOOR : 78-0, 08/14/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Roger Hernández, Vacancy
JG:nl 8/15/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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