BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2380|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 2380
Author: Alejo (D)
Amended: 8/8/16 in Senate
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.
Senate Floor Amendments of 8/8/16 clarify that if the defendant
states, orally or in writing, at the arraignment that he or she
is the sole custodial parent of one or more minor children the
court may rely on that statement and is not required to
investigate further although the court may make the
determination on information other than the defendant's
statement if it so chooses.
ANALYSIS:
AB 2380
Page 2
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.)
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
AB 2380
Page 3
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.
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
AB 2380
Page 4
SUPPORT: (Verified8/9/16)
Monterey County Department of Social Services
Peace Officers Research Association of California
OPPOSITION: (Verified) 8/9/16)
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. /
8/10/16 15:57:27
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