BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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.) 









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          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.  







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            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)








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          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


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