BILL ANALYSIS Ó
AB 2380
Page 1
Date of Hearing: April 19, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2380 (Alejo) - As Amended April 18, 2016
SUMMARY: Requires the court, at the arraignment of a defendant
charged with a felony who is the sole custodial parent of a
minor child, to provide specified information on options
regarding the care of the child. Specifically, this bill:
1)Requires the court, at the arraignment of a defendant charged
with a felony and who is the sole custodial parent of one or
more minor children, to provide the following to the
defendant:
a) The "guardianship pamphlet" prepared by the Judicial
Council, as specified;
b) Information regarding a power of attorney for a minor
child; and,
c) Information regarding trustline background examinations
pertaining to childcare providers, as specified.
EXISTING LAW:
1)States that the arraignment consists of reading the accusatory
pleading to the defendant, providing the defendant a copy of
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the accusatory pleading, and asking the defendant whether he
or she pleads guilty or not guilty to the accusatory pleading.
(Pen. Code, § 988.)
2)States that if the defendant appears at arraignment without
counsel, the court shall inform defendant of the right to
counsel being arraigned, and shall ask the defendant whether
he or she desires the assistance of counsel. (Pen. Code, §§
858, subd. (a) & 987, subd. (a).)
3)Requires the court to advise defendants at arraignment that
there are special provisions of law applicable to those who
have active duty or veteran status, and shall inform the
defendant that if he or she is a member of the military or a
veteran that he or she may request the Judicial Council form
explaining those special rights. (Pen. Code, § 858, subd.
(d).)
4)Requires, prior to acceptance of a plea of guilty or nolo
contendere to any offense punishable as a crime under state
law, the court to advise the defendant on the record about the
potential immigration consequences of a plea. (Pen. Code, §
1016.5, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "I authored this
legislation in response to the recent tragic killing of two
young children and the brutal torture of their sister from
East Salinas who had been placed in the custody of their aunt
after their only living parent was sent to prison. Ensuring
the health and safety of our children is one of the most
essential roles of government. Our system failed these
children. This bill requires the court, at the arraignment of
a parent who is charged with a felony and who is the sole
guardian of his or her child, to provide that parent with
information on options regarding the provision of care for his
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or her child, in the parent's absence, including: ways in
which to formalize the relationship with the person with whom
he/she is entrusting the care of his/her child (such as
appointing power of attorney), and the availability of
services to research a potential caretaker's background."
2)Care Options for Children of Incarcerated Parents: Parental
incarceration can be traumatic for children, and it can have
damaging impacts on a child's education, health, and social
relationships. For children who do not have another parent at
home, being placed with a relative is often the most stable
option, allowing a child to maintain relationships and,
ideally, to live at or near his or her home and attend his or
her regular school.
For a parent who is sentenced to prison and who is the sole
guardian, options exist for formalizing the relationship
between a chosen caregiver and a parent's child(ren). These
can include more informal arrangements, such as completing a
Caregiver's Authorization Affidavit, which is a two-page form
that an authorized relative can sign which allows a qualified
relative to enroll a child in school and agree to
school-related medical care for the child. This option does
not give a caregiver legal custody over a child. Another
option is to grant Power of Attorney to a caregiver, which
authorizes an individual to act as a caregiver for a child,
and to make decisions regarding the child on behalf of parent.
More formal options could also be sought, including legal
guardianship, whereby the court may appoint an individual to
have custody of a child indefinitely. Legal guardianship does
not terminate a parent's rights, but suspends them. These,
and other, options each come with various benefits and
drawbacks, depending on the circumstances, and parents need to
consider their family's particular needs and situation when
deciding which, if any, option to pursue.
3)Arraignment: The arraignment is the defendant's first court
appearance. At this time, the defendant is informed of the
nature of the charges, is given a copy of the accusatory
pleading, and also given an opportunity to enter a plea.
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(Pen. Code, § 988.) At this time judge or magistrate also
advises the defendant of the right to counsel and the right to
a court-appointed attorney, if he or she is indigent.
4)TrustLine: TrustLine, created by the California Legislature
in the 1980s, is a registry of license-exempt child care
providers who have cleared a criminal background check run by
the Department of Social Services that includes a check of the
Child Abuse Central Index (CACI) administered by the Attorney
General and the California Department of Justice's California
Criminal History System, and can involve a check of criminal
history records at the Federal Bureau of Investigation. Child
care providers listed on TrustLine do not have either of the
following: disqualifying criminal convictions or
substantiated reports of child abuse found on CACI.
Applicants for the registry must complete a form, submit
fingerprints, and pay a one-time fee to DSS. Fees can vary,
and start at approximately $135. Parents are able to check if
an individual is listed on the registry by calling a toll-free
number.
5)Prior Legislation: AB 267 (Jones-Sawyer), of the 2015-2016
Legislative session, would have required the court at the time
of entry of plea to advise the defendant that conviction of a
felony results in various consequences. AB 267 was vetoed.
REGISTERED SUPPORT / OPPOSITION:
Support
None
Opposition
None
AB 2380
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Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744