Amended in Senate August 8, 2016

Amended in Assembly April 18, 2016

Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2380


Introduced by Assembly Member Alejo

February 18, 2016


An act to add Section 993 to the Penal Code, relating to defendants.

LEGISLATIVE COUNSEL’S DIGEST

AB 2380, as amended, Alejo. Defendants: minor children.

Existing law provides for the appointment of a guardian for a minor child. Existing law provides for the creation of abegin delete Powerend deletebegin insert powerend insert ofbegin delete Attorneyend deletebegin insert attorneyend insert for a minor child. Existing law defines a “trustline provider” as an adult who provides child care, in-home education services, or other specified services to a minor, and who is registered but not required to be licensed for purposes of child care.

This bill would require the court to provide a defendant at a felony arraignment whobegin delete isend deletebegin insert is, or whom the court reasonably deems to be, as specified,end insert the sole custodial parent of one or more minor children specified information regarding guardianship for a minor, a guardianship power of attorney for a minor, and information regarding specified unlicensed child care providers.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 993 is added to the Penal Code, to read:

2

993.  

begin insert(a)end insertbegin insertend insert At the arraignment of a defendant who is charged
3with a felony and whobegin delete isend deletebegin insert is, or whom the court reasonably deems
4to be,end insert
the sole custodial parent of one or more minor children, the
5court shall provide the following to the defendant:

begin delete

6(a)

end delete

7begin insert(1)end insert Judicial Council Form GC-250, the “Guardianship
8Pamphlet.”

begin delete

9(b)

end delete

10begin insert(2)end insert Information regarding abegin delete Powerend deletebegin insert powerend insert ofbegin delete Attorneyend deletebegin insert attorneyend insert
11 for a minor child.

begin delete

12(c)

end delete

13begin insert(3)end insert Information regarding trustline background examinations
14pertaining to child care providers as provided in Chapter 3.35
15(commencing with Section 1596.60) of Division 2 of the Health
16and Safety Code.

begin insert

17
(b) If the defendant states, orally or in writing, at the
18arraignment that he or she is a sole custodial parent of one or
19more minor children, the court may reasonably deem the defendant
20to be a sole custodial parent of one or more minor children without
21further investigation. The court may, but is not required to, make
22that determination on the basis of information other than the
23defendant’s statement.

end insert


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