California Legislature—2015–16 Regular Session

Assembly Bill No. 2390

Introduced by Assembly Member Brown

February 18, 2016

An act to amend Sections 1179 and 1772 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2390, as introduced, Brown. Juveniles: honorable discharge: release from penalties.

Existing law requires that all persons honorably discharged from the control of the Department of Corrections and Rehabilitations, Division of Juvenile Justice, to thereafter be released from all penalties or disabilities resulting from the offense for which they were committed. Existing law separately requires that every person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed.

This bill would require all persons honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court to be released from all penalties or disabilities resulting from the offense for which they were committed. The bill would require that each person honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, and each person discharged from the control of the county probation department by the juvenile court who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed.

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

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

SECTION 1.  

Section 1179 of the Welfare and Institutions Code
is amended to read:

1179.  

(a)  begin delete All persons end delete begin insert Each person end insert honorably discharged from
control of the begin delete Youth Authority Board end delete begin insert Department of Corrections
and Rehabilitation, Division of Juvenile Justice by the Board of
Parole Hearings, Juvenile Division, or from the control of the
county probation department by the juvenile court end insert shall thereafter
be released from all penalties or disabilities resulting from the
offenses for which they were committed, including, but not limited
to, any disqualification for any employment or occupational license,
or both, created by any other begin delete provision of end delete law. However, that begin delete a end delete
person begin delete shall end delete begin insert is end insert not begin delete be end delete eligible for appointment as a peace officer
employed by any public agency if his or her appointment begin delete would end delete
begin insert is end insert otherwise begin delete be end delete prohibited by Section 1029 of the Government
Code.

(b) Notwithstanding begin delete the provisions of end delete subdivision (a), begin delete that end delete begin insert a end insert
person may be appointed and employed as a peace officer by the
Department of begin delete the Youth Authority end delete begin insert Corrections and Rehabilitation,
Division of Juvenile Justice end insert if (1) at least five years have passed
since his or her honorable discharge, and the person has had no
misdemeanor or felony convictions except for traffic misdemeanors
since he or she was honorably discharged by the board begin insert or the
juvenile court end insert , or (2) the person was employed as a peace officer
by the begin delete department end delete begin insert Division of Juvenile Justice end insert on or before January
1, 1983. begin delete No end delete begin insert A end insert person who is under the jurisdiction of the
begin delete department end delete begin insert Division of Juvenile Justice or county probation
department end insert shall begin insert not end insert be admitted to an examination for a peace
officer position with the begin delete department end delete begin insert Division of Juvenile Justice end insert
unless and until the person has been honorably discharged from
the jurisdiction of the begin delete department by the Youth Authority Board. end delete
begin insert Division of Juvenile Justice or county probation department
pursuant to subdivision (a). end insert

(c)  begin delete Upon end delete begin insert In the case of a person discharged from the control
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice by the Board of Parole Hearings, upon end insert the final
discharge or dismissal of begin delete any such end delete begin insert the end insert person, the begin delete Department of
the Youth Authority end delete begin insert department end insert shall immediately certify the
discharge or dismissal in writing, and shall transmit the certificate
to the court by which the person was committed. The court shall
thereupon dismiss the accusation and the action pending against
that person.

SEC. 2.  

Section 1772 of the Welfare and Institutions Code is
amended to read:

1772.  

(a) Subject to subdivision (b), every person honorably
discharged from control begin insert of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice end insert by the begin delete Youth Authority
Board end delete begin insert Board of Parole Hearings, Juvenile Division or from the
control of the county probation department by the juvenile court end insert
who has not, during the period of control by the begin delete authority end delete begin insert Division
of Juvenile Justice or county probation department end insert , been placed
by the begin delete authority end delete begin insert Board of Parole Hearings, Juvenile Division or
county probation department end insert in a state prison shall thereafter be
released from all penalties and disabilities resulting from the
offense or crime for which he or she was committed, and every
person discharged may petition the court which committed him or
her, and the court may upon that petition set aside the verdict of
guilty and dismiss the accusation or information against the
petitioner who shall thereafter be released from all penalties and
disabilities resulting from the offense or crime for which he or she
was committed, including, but not limited to, any disqualification
for any employment or occupational license, or both, created by
any other provision of law.

(b) Notwithstanding subdivision (a) begin insert , all of the following shall
apply end insert :

(1) A person described by subdivision (a) shall not be eligible
for appointment as a peace officer employed by any public agency
if his or her appointment would otherwise be prohibited by Section
1029 of the Government Code. However, that person may be
appointed and employed as a peace officer by the Department of
begin delete the Youth Authority end delete begin insert Corrections and Rehabilitation, Division of
Juvenile Justice end insert if (A) at least five years have passed since his or
her honorable discharge, and the person has had no misdemeanor
or felony convictions except for traffic misdemeanors since he or
she was honorably discharged by the begin delete Youth Authority Board end delete begin insert board
or by a juvenile court end insert , or (B) the person was employed as a peace
officer by the begin delete Department of the Youth Authority end delete begin insert Division of
Juvenile Justice end insert on or before January 1, 1983. begin delete No end delete begin insert A end insert person who
is under the jurisdiction of the begin delete Department of the Youth Authority end delete
begin insert Division of Juvenile Justice or county probation department end insert shall
begin insert not end insert be admitted to an examination for a peace officer position with
the begin delete department end delete begin insert Division of Juvenile Justice end insert unless and until the
person has been honorably discharged from the jurisdiction of the
begin delete Youth Authority Board. end delete begin insert Division of Juvenile Justice or county
probation department pursuant to subdivision (a). end insert

(2) A person described by subdivision (a) is subject to Chapter
2 (commencing with Section 29800) and Chapter 3 (commencing
with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal
Code.

(3) The conviction of a person described by subdivision (a) for
an offense listed in subdivision (b) of Section 707 is admissible
in a subsequent criminal, juvenile, or civil proceeding if otherwise
admissible, if all the following are true:

(A) The person was 16 years of age or older at the time he or
she committed the offense.

(B) The person was found unfit to be dealt with under the
juvenile court law pursuant to Section 707 because he or she was
alleged to have committed an offense listed in subdivision (b) of
Section 707.

(C) The person was tried as an adult and convicted of an offense
listed in subdivision (b) of Section 707.

(D) The person was committed to the Department of begin delete the Youth
Authority end delete begin insert Corrections and Rehabilitation, Division of Juvenile
Justice end insert for the offense referred to in subparagraph (C).

(4) The conviction of a person described by subdivision (a) may
be used to enhance the punishment for a subsequent offense.

(5) The conviction of a person who is 18 years of age or older
at the time he or she committed the offense is admissible in a
subsequent civil, criminal, or juvenile proceeding, if otherwise
admissible pursuant to law.

(c) Every person discharged from control by the begin delete Youth Authority
Board end delete begin insert Board of Parole Hearings, Juvenile Division or from the
county probation department by the juvenile court end insert shall be
informed of the provisions of this section in writing at the time of
discharge.

(d) “Honorably discharged” as used in this section means and
includes every person whose discharge is based upon a good record
on begin delete parole end delete begin insert supervised release end insert .