Amended in Senate August 4, 2014

Amended in Senate June 9, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2195

Introduced by Assembly Member Achadjian

February 20, 2014

An act to amend Sections 256, 257, and 258 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2195, as amended, Achadjian. Juveniles: truancy.

Existing law provides that a juvenile hearing officer may hear and dispose of any case in which a minor is alleged to have committed any one of specified misdemeanors or infractions. In those cases, the juvenile court is known as the Informal Juvenile and Traffic Court. Existing law also provides that a minor may be adjudged to be a ward of the juvenile court on the basis of certain noncriminal conduct, including truancy, as specified.

This bill would authorize a juvenile hearing officer to hear cases in which a minor is alleged to come within the jurisdiction of the juvenile court on the basis of truancy, as specified. The bill would authorize a hearing before a juvenile hearing officer, referee, or judge to be conducted upon a written notice to appear for truancy, with the consent of the minor. The bill would prohibit a judge, referee, or juvenile hearing officer from proceeding with a hearing of a minor on the basis of truancy unless the court has been presented with begin delete clear and convincing end delete evidence that the minor’s school has undertaken certain actions to address the minor’s truancy and begin delete a complete end delete begin insert the available end insert record of previous attempts to address the minor’s truancy. begin insert The bill would provide that a court in these cases may restrict the minor’s driving privilege, order the minor to pay a fine of not more than $50, and order the minor to perform community service. end insert The bill would, among other things, authorize the judge, referee, or juvenile hearing officer to give the minor the opportunity to demonstrate begin delete good end delete begin insert improved end insert attendance before imposing begin delete orders, as specified, and would require the dismissal of the case upon demonstration of good attendance. The bill would also prohibit the court from imposing a fine or court fees in these cases. end delete begin insert those orders. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

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

SECTION 1.  

Section 256 of the Welfare and Institutions Code
is amended to read:

256.  

Subject to the orders of the juvenile court, a juvenile
hearing officer may hear and dispose of any case in which a minor
under the age of 18 years as of the date of the alleged offense is
charged with (1) any violation of the Vehicle Code, except Section
23136, 23140, 23152, or 23153 of that code, not declared to be a
felony, (2) a violation of subdivision (m) of Section 602 of the
Penal Code, (3) a violation of the Fish and Game Code not declared
to be a felony, (4) a violation of any of the equipment provisions
of the Harbors and Navigation Code or the vessel registration
provisions of the Vehicle Code, (5) a violation of any provision
of state or local law relating to traffic offenses, loitering or curfew,
or evasion of fares on a public transportation system, as defined
by Section 99211 of the Public Utilities Code, (6) a violation of
Section 27176 of the Streets and Highways Code, (7) a violation
of Section 640 or 640a of the Penal Code, (8) a violation of the
rules and regulations established pursuant to Sections 5003 and
5008 of the Public Resources Code, (9) a violation of Section
33211.6 of the Public Resources Code, (10) a violation of Section
25658, 25658.5, 25661, or 25662 of the Business and Professions
Code, (11) a violation of subdivision (f) of Section 647 of the Penal
Code, (12) a misdemeanor violation of Section 594 of the Penal
Code, involving defacing property with paint or any other liquid,
(13) a violation of subdivision (b), (d), or (e) of Section 594.1 of
the Penal Code, (14) a violation of subdivision (b) of Section 11357
of the Health and Safety Code, (15) any infraction, (16) any
misdemeanor for which the minor is cited to appear by a probation
officer pursuant to subdivision (f) of Section 660.5, or (17) a
violation of subdivision (b) of Section 601 that is due to having
four or more truancies, as described in Section 48260 of the
Education Code, within one school year.

SEC. 2.  

Section 257 of the Welfare and Institutions Code is
amended to read:

257.  

(a) (1) Except in the case of infraction violations, with
the consent of the minor, a hearing before a juvenile hearing officer,
or a hearing before a referee or a judge of the juvenile court, when
the minor is charged with an offense as specified in this section,
may be conducted upon an exact legible copy of a written notice
given pursuant to Article 2 (commencing with Section 40500) of
Chapter 2 of Division 17 or Section 41103 of the Vehicle Code,
or an exact legible copy of a written notice given pursuant to
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2
of the Penal Code when the offense charged is a violation listed
in Section 256, or an exact legible copy of a citation as set forth
in subdivision (e) of Section 660.5, or an exact legible copy of the
notice given pursuant to subdivision (d) of Section begin insert 601 when the
minor is within the jurisdiction of the juvenile court pursuant to
subdivision (b) of Section end insert 601, in lieu of a petition as provided in
Article 16 (commencing with Section 650).

(2) Notwithstanding any other law, in the case of infraction
violations, consent of the minor is not required prior to conducting
a hearing upon written notice to appear.

(b) Prior to the hearing, the judge, referee, or juvenile hearing
officer may request the probation officer to commence a
proceeding, as provided in Article 16 (commencing with Section
650), in lieu of a hearing in Informal Juvenile and Traffic Court.

SEC. 3.  

Section 258 of the Welfare and Institutions Code is
amended to read:

258.  

(a) Upon a hearing conducted in accordance with Section
257, and upon either an admission by the minor of the commission
of a violation charged, or a finding that the minor did in fact
commit the violation, the judge, referee, or juvenile hearing officer
may do any of the following:

(1) Reprimand the minor and take no further action.

(2) Direct that the probation officer undertake a program of
supervision of the minor for a period not to exceed six months, in
addition to or in place of the following orders.

(3) Order that the minor pay a fine up to the amount that an
adult would pay for the same violation, unless the violation is
otherwise specified within this section, in which case the fine shall
not exceed two hundred fifty dollars ($250). This fine may be
levied in addition to or in place of the following orders and the
court may waive any or all of this fine, if the minor is unable to
pay. In determining the minor’s ability to pay, the court may not
consider the ability of the minor’s family to pay.

(4) Subject to the minor’s right to a restitution hearing, order
that the minor pay restitution to the victim, in lieu of all or a portion
of the fine specified in paragraph (3). The total dollar amount of
the fine, restitution, and any program fees ordered pursuant to
paragraph (9) may not exceed the maximum amount which may
be ordered pursuant to paragraph (3). This paragraph may not be
construed to limit the right to recover damages, less any amount
actually paid in restitution, in a civil action.

(5) Order that the driving privileges of the minor be suspended
or restricted as provided in the Vehicle Code or, notwithstanding
Section 13203 of the Vehicle Code or any other provision of law,
when the Vehicle Code does not provide for the suspension or
restriction of driving privileges, that, in addition to any other order,
the driving privileges of the minor be suspended or restricted for
a period of not to exceed 30 days.

(6) In the case of a traffic related offense, order the minor to
attend a licensed traffic school, or other court approved program
of traffic school instruction pursuant to Chapter 1.5 (commencing
with Section 11200) of Division 5 of the Vehicle Code, to be
completed by the juvenile within 60 days of the court order.

(7) Order that the minor produce satisfactory evidence that the
vehicle or its equipment has been made to conform with the
requirements of the Vehicle Code pursuant to Section 40150 of
the Vehicle Code if the violation involved an equipment violation.

(8) Order that the minor perform community service work in a
public entity or any private nonprofit entity, for not more than 50
hours over a period of 60 days, during times other than his or her
hours of school attendance or employment. Work performed
pursuant to this paragraph may not exceed 30 hours during any
30-day period. The timeframes established by this paragraph may
not be modified except in unusual cases where the interests of
justice would best be served. When the order to work is made by
a referee or a juvenile hearing officer, it shall be approved by a
judge of the juvenile court.

For the purposes of this paragraph, a judge, referee, or juvenile
hearing officer may not, without the consent of the minor, order
the minor to perform work with a private nonprofit entity that is
affiliated with any religion.

(9) In the case of a misdemeanor, order that the minor participate
in and complete a counseling or educational program, or, if the
offense involved a violation of a controlled substance law, a drug
treatment program, if those programs are available. Any fees for
participation shall be subject to the right to a hearing as the minor’s
ability to pay and may not, together with any fine or restitution
order, exceed the maximum amount that may be ordered pursuant
to paragraph (3).

(10) Require that the minor attend a school program without
unexcused absence.

(11) If the offense is a misdemeanor committed between 10
p.m. and 6 a.m., require that the minor be at his or her legal
residence at hours to be specified by the juvenile hearing officer
between the hours of 10 p.m. and 6 a.m., except for a medical or
other emergency, unless the minor is accompanied by his or her
parent, guardian, or other person in charge of the minor. The
maximum length of an order made pursuant to this paragraph shall
be six months from the effective date of the order.

(12) Make any or all of the following orders with respect to a
violation of the Fish and Game Code which is not charged as a
felony:

(A) That the fishing or hunting license involved be suspended
or restricted.

(B) That the minor work in a park or conservation area for a
total of not to exceed 20 hours over a period not to exceed 30 days,
during times other than his or her hours of school attendance or
employment.

(C) That the minor forfeit, pursuant to Section 12157 of the Fish
and Game Code, any device or apparatus designed to be, and
capable of being, used to take birds, mammals, fish, reptiles, or
amphibia and which was used in committing the violation charged.
The judge, referee, or juvenile hearing officer shall, if the minor
committed an offense which is punishable under Section 12008
of the Fish and Game Code, order the device or apparatus forfeited
pursuant to Section 12157 of the Fish and Game Code.

(13) If the violation charged is of an ordinance of a city, county,
or local agency relating to loitering, curfew, or fare evasion on a
public transportation system, as defined by Section 99211 of the
Public Utilities Code, or is a violation of Section 640 or 640a of
the Penal Code, make the order that the minor shall perform
community service for a total time not to exceed 20 hours over a
period not to exceed 30 days, during times other than his or her
hours of school attendance or employment.

(b) If the minor is before the court on the basis of truancy, as
described in subdivision (b) of Section 601, all of the following
procedures and limitations shall apply:

(1) The judge, referee, or juvenile hearing officer shall not
proceed with a hearing unless both of the following have been
provided to the court:

(A)  begin delete Clear and convincing evidence end delete begin insert Evidence end insert that the minor’s
school has undertaken the actions specified in subdivisions (a),
(b), and (c) of Section 48264.5 of the Education Code. begin insert If the school
district does not have an attendance review board, as described
in Section 48321 of the Education Code, the minor’s school is not
required to provide evidence to the court of any actions the school
has undertaken that demonstrate the intervention of a school
attendance review board. end insert

(B)  begin delete A complete end delete begin insert The available end insert record of previous attempts to
address the minor’s truancy.

(2) The court begin delete shall attempt end delete begin insert is encouraged end insert to set the hearing
outside of school hours, so as to avoid causing the minor to miss
additional school time.

(3) Pursuant to paragraph (1) of subdivision (a) of Section 257,
the minor and his or her parents shall be advised of the minor’s
right to refuse consent to a hearing conducted upon a written notice
to appear.

(4) The minor’s parents shall be permitted to participate in the
hearing.

begin delete

(5) Upon a finding that the minor violated subdivision (b) of
Section 601, the judge, referee, or juvenile hearing officer shall
direct his or her orders at addressing the causes of truancy and
shall make best efforts to seek the involvement of any other parties
who can help address the causes through the provision of any
required or necessary services, including, but not limited to, the
school or school district.

(6)

end delete

begin insert (5) end insert  The judge, referee, or juvenile hearing officer may begin delete give end delete
begin insert continue the hearing to allow end insert the minor the opportunity to
demonstrate begin delete good end delete begin insert improved end insert attendance before imposing any of
the orders specified in paragraph begin delete (7). end delete begin insert (6). end insert Upon demonstration of
begin delete good end delete begin insert improved end insert attendance, the court begin delete shall end delete begin insert may end insert dismiss the case.

begin delete

(7) The judge, referee, or juvenile hearing officer may do either
of the following:

end delete begin insert

(6) Upon a finding that the minor violated subdivision (b) of
Section 601, the judge, referee, or juvenile hearing officer shall
direct his or her orders at improving the minor’s school
attendance. The judge, referee, or juvenile hearing officer may do
any of the following:

end insert

(A)  begin delete The court may order end delete begin insert Order end insert the minor to perform community
service work, as described in Section 48264.5 of the Education
Code, which may be performed at the minor’s school.

begin insert

(B) Order the payment of a fine by the minor of not more than
fifty dollars ($50), for which a parent or legal guardian of the
minor may be jointly liable. The fine described in this
subparagraph shall not be subject to Section 1464 of the Penal
Code or additional penalty pursuant to any other law. The minor,
at his or her discretion, may perform community service, as
described in subparagraph (A), in lieu of any fine imposed under
this subparagraph.

end insert begin insert

(C) Order a combination of community service work described
in subparagraph (A) and payment of a portion of the fine described
in subparagraph (B).

end insert begin delete

(B) The court may restrict

end delete

begin insert (D) end insert begin insert   end insert begin insert Restrict end insert driving privileges in the manner set forth in
paragraph (5) of subdivision (a). The minor may request removal
of the driving restrictions if he or she provides proof of school
attendance, high school graduation, GED completion, or enrollment
in adult education, a community college, or a trade program. Any
driving restriction shall be removed at the time the minor attains
18 years of age.

begin delete

(8) The judge, referee, or juvenile hearing officer shall not
impose a fine or court fees.

end delete

(c) (1) The judge, referee, or juvenile hearing officer shall retain
jurisdiction of the case until all orders made under this section
have been fully complied with.

(2) If a minor is before the judge, referee, or juvenile hearing
officer on the basis of truancy, jurisdiction shall be terminated
upon the minor attaining 18 years of age.