BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2380| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2380 Author: Alejo (D) Amended: 4/18/16 in Assembly Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone ASSEMBLY FLOOR: 78-0, 5/12/16 - See last page for vote SUBJECT: Defendants: minor children SOURCE: Author DIGEST: This bill 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. ANALYSIS: Existing law: 1)States that the arraignment consists of reading the accusatory pleading to the defendant, providing the defendant a copy of the accusatory pleading, and asking the defendant whether he or she pleads guilty or not guilty to the accusatory pleading. (Penal Code, § 988.) AB 2380 Page 2 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. (Penal Code, §§ 858(a); 987(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. (Penal Code, § 858 (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. (Penal Code, § 1016.5 (a).) This bill provides that at the arraignment of a defendant who is charged with a felony and who is the sole custodial parent of one or more minor children, the court shall provide the following to the defendant: the Judicial Council form the "Guardianship Pamphlet;" information regarding a Power of Attorney for a minor child; and information regarding trustline background examinations pertaining to childcare providers. Background According to the author: In December of 2015, authorities found the bodies of a 3-year-old and a 6-year-old child in a storage container in Northern California. The children had been in the custody of Tami Huntsman, an informal caregiver who was designated by their father. The father had been sentenced to a long prison term and children's mother was deceased. AB 2380 Page 3 Huntsman has since been charged with the children's murder in Monterey County. A 2000 study conducted by the California Research Bureau on the Children of Incarcerated Parents stated that, "Police do not routinely ask at the time of arrest whether their prisoners have children, nor do sentencing judges or correctional agencies regularly raise this question", and that "these children seem to fall through the cracks". In addition, Parents in Prison and Their Minor Children, a 2008 Special Report by the Bureau of Justice Statistics stated that "An estimated 809,800 prisoners ?held in the nation's prisons at midyear 2007 were parents of minor children, or children under age 18." Doing the most to ensure the health and safety of our children is one of the most essential roles of government. Our system failed these children. There is currently no requirement for the courts to provide any information or guidance regarding steps incarcerated parents can take to ensure the wellbeing of their children with a new non parent guardian. To help prevent tragedies in cases such as that of Tami Huntsman, it is absolutely necessary that the courts, at a minimum, provide information on what steps can be taken to keep children safe. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified7/7/16) Monterey County Department of Social Services Peace Officers Research Association of California OPPOSITION: (Verified7/7/16) AB 2380 Page 4 None received ASSEMBLY FLOOR: 78-0, 5/12/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Burke, Jones-Sawyer Prepared by:Mary Kennedy / PUB. S. / 7/29/16 10:43:34 **** END ****