BILL NUMBER: AB 7	INTRODUCED
	BILL TEXT


INTRODUCED BY  Assembly Member Conroy

                        DECEMBER 5, 1994

   An act to add and repeal Section 726.5 of the Welfare and
Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 7, as introduced, Conroy.  Juveniles: paddling.
   Existing law provides for a minor who violates the law to be made
a ward of the juvenile court, as specified.  Existing law generally
provides for the confidentiality of juvenile court records.
   This bill would provide that, in addition to any other punishment,
any minor who is adjudged a ward of the juvenile court for an act of
graffiti to public or private property may be punished by paddling,
as specified.  The bill would impose a state-mandated local program
by increasing the penalty for an act in the nature of a crime.  The
bill would also require the juvenile court to disclose the names of
minors who have been punished by paddling to any person on request,
thereby imposing a state-mandated local program.  These provisions
would be repealed by their own terms on January 1, 1999.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates which do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs
exceed $1,000,000.
   This bill would provide that no reimbursement is required by this
act for certain costs for a specified reason.  This bill would also
provide that, if the Commission on State Mandates determines that
this bill contains other costs mandated by the state, reimbursement
for those costs shall be made pursuant to those statutory procedures
and, if the statewide cost does not exceed $1,000,000, shall be made
from the State Mandates Claims Fund.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1. Section 726.5 is added to the Welfare and Institutions
Code, to read:
   726.5.  (a) In addition to any other punishment, any minor who is
adjudged a ward of the court pursuant to Section 602 for an act of
graffiti to any public or private property may be punished by
paddling.  The court shall consider the age, condition, and
disposition of the minor and all the attending and surrounding
circumstances in determining whether and to what extent paddling
shall be ordered.  Paddling, if ordered, shall be administered in the
courtroom at a time set by the court no less than 72 hours nor more
than 14 days after the minor is adjudged a ward of the court for an
act of graffiti.  Paddling shall be administered by a parent of the
minor.  However, if the parent declines to administer the paddling,
or if the court determines that the parent has not administered a
satisfactory paddling, a bailiff shall administer the paddling.
   (b) Notwithstanding any other provision of law, the court shall
disclose the names of minors who have been punished by paddling
pursuant to this section to any person on request.  No person who has
requested and received the names of minors pursuant to this
subdivision shall be subject to civil liability or criminal
prosecution for publishing those names.
   (c) For purposes of this section:
   (1) A "paddle" shall be made of hardwood that is 3/4 inch thick.
The handle of the paddle shall be six inches long and one and 1/2
inches wide.  The paddle area shall be 18 inches long and six inches
wide.
   (2) "Paddling" means up to 10 strikes with a paddle on the
buttocks of the minor administered on the outside of normal apparel,
as determined by the court.
  (d) This section shall remain in effect only until January 1, 1999,
and as of that date is repealed, unless a later enacted statute,
which is enacted before January 1, 1999, deletes or extends that
date.
  SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for those
costs which may be incurred by a local agency or school district
because this act creates a new crime or infraction, changes the
definition of a crime or infraction, changes the penalty for a crime
or infraction, or eliminates a crime or infraction.  Notwithstanding
Section 17610 of the Government Code, if the Commission on State
Mandates determines that this act contains other costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.  If the
statewide cost of the claim for reimbursement does not exceed one
million dollars ($1,000,000), reimbursement shall be made from the
State Mandates Claims Fund.  Notwithstanding Section 17580 of the
Government Code, unless otherwise specified in this act, the
provisions of this act shall become operative on the same date that
the act takes effect pursuant to the California Constitution.