BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 177|
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THIRD READING
Bill No: AB 177
Author: Mendoza (D), et al
Amended: 6/15/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/7/11
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
ASSEMBLY FLOOR : 67-0, 3/25/11 - See last page for vote
SUBJECT : Juveniles: parenting classes
SOURCE : Author
DIGEST : This bill expands the existing statute
authorizing courts to order a parent or guardian of a child
who is a first-time status or criminal offender and is
committed to their custody to attend anti-gang violence
parenting classes when specified factors exist.
ANALYSIS : Current law provides that minors under the age
of 18 years may be adjudged to be a ward of the court where
they "persistently or habitually refuse to obey the
reasonable and proper orders or directions of his/her
parents, guardian, or custodian," are "beyond the control
of that person," "violated any ordinance of any city or
county of this state establishing a curfew based solely on
age . . . ," or are habitually truant, as specified.
(Welfare and Institutions Code Section 601.)
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Existing law further provides that minors under the age of
18 years may be adjudged to be a ward of the court for
violating "any law of this state or of the United States or
any ordinance of any city or county of this state defining
crime," as specified. (Welfare and Institutions Code
Section 602.)
Existing law generally provides that when a minor is
adjudged a ward of the court on the ground that he or she
is delinquent, the court may make any and all reasonable
orders for the care, supervision, custody, conduct,
maintenance, and support of the minor, including medical
treatment, subject to further order of the court, as
specified. (Welfare and Institutions Code Section 727(a).)
Existing law further provides that if a minor is found to
be delinquent by reason of the commission of a gang-related
offense, and the court finds that the minor is a first-time
offender and orders that a parent or guardian retain
custody of that minor, the court may order the parent or
guardian to attend antigang violence parenting classes.
The father, mother, spouse, or other person liable for the
support of the minor, the estate of that person, and the
estate of the minor shall be liable for the cost of these
classes unless the court finds that the person or estate
does not have the financial ability to pay, as specified.
(Welfare and Institutions Code Section 727.7.)
This bill expands this provision to authorize a court to
order a parent or guardian of any minor found to be
delinquent by reason of a status or criminal offense to
attend anti-gang violence parenting classes where the court
finds the presence of significant risk factors for gang
involvement on the part of the minor. The provision no
longer would be limited to minors found to have committed a
gang-related offense.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/15/11)
AFSCME, AFL-CIO
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California Correctional Peace Officers Association
California Council for Adult Education
California State Sheriffs' Association
Crime Victims Action Alliance
Friends Outside
League of California Cities
OPPOSITION : (Verified 6/15/11)
California Public Defenders Association
California Attorneys for Criminal Justice
California Coalition for Women Prisoners
Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT : The author states, "According to
the National Gang Center, 'juvenile delinquency is a
precursor behavior to gang membership. Put otherwise,
virtually all youths who join a gang �have] prior
delinquency involvement.' (www.nationalgangcenter.gov) The
Los Angeles Police Department cites examples of juvenile
delinquency or risk factors as truancy, rebellious
behavior, violent behavior, and so forth. According to the
state's official CalGang Database, there were 7,703 gangs
and 223,828 gang members in California in 2008
(www.vpc.org/studies/CAgang.pdf). Gang activity remains a
problem that needs to be addressed in our state."
ARGUMENTS IN OPPOSITION : The California Coalition for
Women Prisoners write, "We believe that the escalation of
tough-on-crime policies over the past three decades has not
made us safer. We believe that, in order to build truly
safe and healthy communities, we must ensure that all
people have access to adequate housing, quality health care
and education, meaningful work and the ability to fully
participate in the democratic process.
CCWP opposes all legislation that puts undue burden on
already margi8nalized communities. AB 177 would require
parents to attend, and pay for, Antigang Violence Parenting
classes without any proof of their child's gang membership.
What has happened to due process? This bill would affect
communities with the least availability of time and
resources to attend these classes. It would further
discriminate against communities who ae already being
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targeted by gangs and law enforcement. Additionally, AB
177 is unnecessary s Antigang classes already exist and are
available to parents.
Given the fact that social services are being cut in every
direction, parents will have fewer access to food stamps,
healthcare, and other vital resources. Public safety is
not going to be served by requiring them to take a class.
For these reasons, we urge you to vote "no" on AB 177."
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Gatto,
Gordon, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Huffman, Jeffries, Knight, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Olsen, Pan, Perea,
V. Manuel P�rez, Portantino, Skinner, Smyth, Solorio,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Donnelly, Galgiani, Garrick, Gorell,
Grove, Hueso, Jones, Lara, Logue, Norby, Silva, Swanson,
Vacancy
RJG:do 6/15/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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