BILL NUMBER: AB 2089 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Alejo
FEBRUARY 23, 2012
An act to amend Section 13897.1 of the Penal Code,
relating to crime victims. An act to amend Section 626
of, and to add Section 626.2 to, the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2089, as amended, Alejo. Crime victims' resource
center. Juveniles: civil citation process.
Under existing law, a peace officer may take a minor into
temporary custody without a warrant under specified circumstances,
including when the officer has reasonable cause to believe that the
minor has committed a crime and is within the jurisdiction of the
juvenile court, and may release the minor, deliver the minor to a
services agency, release the minor with a notice to appear before a
probation officer, or promptly take the minor before a probation
officer. Proceedings to declare a minor a ward of the court are
commenced by the filing of a petition by a probation officer,
district attorney, or prosecuting attorney.
This bill would authorize a peace officer who takes a minor
suspected of having committed a misdemeanor into temporary custody
without a warrant to issue a civil citation to the minor if the minor
consents, admits to having committed the misdemeanor, and has not
previously committed an offense. Under the bill, the officer would
notify the county probation department, to which the minor would
report within 7 days. The bill would require the probation department
to assess the minor and to require the minor to serve no more than
50 hours of community service. The probation department would also be
authorized to require the minor to participate in intervention
programs. If the minor fails to report to the probation department or
to fulfill the requirements of the civil citation program, this bill
requires the probation department to present an affidavit with the
facts constituting the original misdemeanor to the prosecuting
attorney. By imposing new duties on county probation departments, and
by increasing those departments' duties, this bill would impose a
state-mandated local program.
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.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law establishes a resource center that operates a
statewide, toll-free information service for crime victims and
providers of services to crime victims, and requires the resource
center to distribute information and educational materials on victims'
legal rights to specified agencies and organizations, including
administrative and law enforcement agencies.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 626 of the Welfare
and Institutions Code is amended to read:
626. An officer who takes a minor into temporary custody under
the provisions of Section 625 may do any of the following:
(a) Release the minor.
(b) Deliver or refer the minor to a public or private agency with
which the city or county has an agreement or plan to provide shelter
care, counseling, or diversion services to minors so delivered.
(c) Issue a civil citation to the minor under Section 626.2 if the
minor is eligible to participate in the civil citation program.
(c)
(d) Prepare in duplicate a written notice to appear
before the probation officer of the county in which the minor was
taken into custody at a time and place specified in the notice. The
notice shall also contain a concise statement of the reasons the
minor was taken into custody. The officer shall deliver one copy of
the notice to the minor or to a parent, guardian, or responsible
relative of the minor and may require the minor or the minor's
parent, guardian, or relative, or both, to sign a written promise to
appear at the time and place designated in the notice. Upon the
execution of the promise to appear, the officer shall immediately
release the minor. The officer shall, as soon as practicable, file
one copy of the notice with the probation officer. The written notice
to appear may require that the minor be fingerprinted, photographed,
or both, upon the minor's appearance before the probation officer,
if the minor is a person described in Section 602 and he or she was
taken into custody upon reasonable cause for the commission of a
felony.
(d)
(e) Take the minor without unnecessary delay before the
probation officer of the county in which the minor was taken into
custody, or in which the minor resides, or in which the acts take
place or the circumstances exist which are alleged to bring the minor
within the provisions of Section 601 or 602, and deliver the custody
of the minor to the probation officer. The peace officer shall
prepare a concise written statement of the probable cause for taking
the minor into temporary custody and the reasons the minor was taken
into custody and shall provide the statement to the probation officer
at the time the minor is delivered to the probation officer. In no
case shall the officer delay the delivery of the minor to the
probation officer for more than 24 hours if the minor has been taken
into custody without a warrant on the belief that the minor has
committed a misdemeanor.
In determining which disposition of the minor to make, the officer
shall prefer the alternative which least restricts the minor's
freedom of movement, provided that alternative is compatible with the
best interests of the minor and the community.
SEC. 2. Section 626.2 is added to the
Welfare and Institutions Code , to read:
626.2. (a) An officer who takes a minor suspected of having
committed a misdemeanor into temporary custody under the provisions
of Section 625 may issue a civil citation against the minor if the
minor admits to having committed the misdemeanor and has not
previously committed an offense. Upon issuing a civil citation under
this section, the officer shall notify the probation department of
the county in which the civil citation was issued, the prosecutor,
the minor's parent or guardian, and the victim of the offense.
(b) The minor shall report to the county probation department
within seven days after the civil citation was issued.
(c) The county probation department shall conduct a risk and needs
assessment of the minor. Following that assessment, the probation
department shall require the minor to serve no more than 50 hours of
community service, and may require the minor to participate in
intervention services, including counseling, substance abuse
treatment, and mental health treatment. At the conclusion of the
minor's civil citation program, the probation department shall
prepare and maintain a report of the minor's participation in the
program.
(d) If the minor fails to report to the probation department,
fails to complete his or her community service hours, fails to comply
with any assigned intervention services, or commits a subsequent
offense, the probation department shall present the affidavit
describing the facts constituting the original misdemeanor to the
prosecuting attorney as provided by Section 653.5.
(e) The minor may elect to refuse the civil citation and to have
his or her case processed as provided in Section 626 at any time
before the minor's civil citation program is completed.
SEC. 3. If the Commission on State Mandates
determines that this act contains 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.
SECTION 1. Section 13897.1 of the Penal Code is
amended to read:
13897.1. (a) There shall be established a resource center which
shall operate a statewide, toll-free information service consisting
of legal and other information for crime victims and providers of
services to crime victims. The center shall provide information and
educational materials discussing victims' legal rights. The center
shall distribute these materials to administrative agencies, law
enforcement agencies, victim-service programs, local, regional, and
statewide education systems, appropriate human services agencies, and
political, social, civic, and religious leaders and organizations.
(b) As used in this chapter, "provider of services to crime
victims" means any hospital, doctor, attorney, local or statewide
rape crisis center, domestic violence center, child abuse counseling
center, or victims' witness center that seeks to assist crime victims
in understanding and exercising their legal rights, including those
under Chapter 5 (commencing with Section 13950) of Part 4 of Division
3 of Title 2 of the Government Code.