Amended in Assembly July 3, 2014

Amended in Assembly June 16, 2014

Amended in Senate April 22, 2014

Amended in Senate April 2, 2014

Senate Bill No. 1110

Introduced by Senator Jackson

February 19, 2014

An act to amend Section 858 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

SB 1110, as amended, Jackson. Arraignment: military and veteran status: forms.

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendant’s right to counsel at every stage of the proceedings. Under existing law, if it appears that the defendant may be a minor, the magistrate is required to ascertain if that is the case and, if it is and the defendant meets specified requirements, to immediately notify the parent or guardian of the minor of the arrest or to appoint counsel to the minor.

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This bill would require the magistrate, if the defendant is represented by counsel, to inquire as to the active duty or veteran status of the defendant and require specified actions if the defendant acknowledges military service, including filing the Judicial Council form for notification of military status and transmitting the form to the county veterans services officer for confirmation of military service. The bill would provide that a defendant may decline to provide military service information without penalty. The bill would require, if the defendant is not represented by counsel, that the magistrate not make an inquiry into the defendant’s current or past military status, and that the court advise the defendant that certain current or former members of the United States military who meet certain qualifications are eligible for specific forms of restorative relief. The bill would also make technical changes.

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This bill would require the Judicial Council to revise its military service form to include information explaining the rights of individuals who have active duty or veteran status, as defined, and to include a space for the local court to include the contact information for the county veterans service office. The bill would require the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. The bill would require the court to inform the defendant that if the defendant is on active duty in the United States military, or is a veteran of the United States military, the defendant may request a copy of the Judicial Council military form that explains those rights and may file that form with the court. The bill would require the court to advise the defendant that the defendant may, without penalty, decline to provide that information to the court. The bill would require a defendant who acknowledges active duty or veteran status and submits the form to the court to file the form with the court and serve the form on the prosecuting attorney and defense counsel. The bill would require the court to transmit a copy of the form to the county veterans service officer for confirmation of the defendant’s military service, and to transmit a copy of the form to the Department of Veterans Affairs.

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

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

SECTION 1.  

Section 858 of the Penal Code is amended to
read:

858.  

(a) When the defendant first appears for arraignment on
a charge of having committed a public offense, the magistrate shall
immediately inform the defendant of the charge against him or
her, and of his or her right to the aid of counsel in every stage of
the proceedings.

(b) If it appears that the defendant may be a minor, the
magistrate shall ascertain whether that is the case, and if the
magistrate concludes that it is probable that the defendant is a
minor, and unless the defendant is a member of the Armed Forces
of the United States and the offense charged is a misdemeanor, he
or she shall immediately either notify the parent or guardian of the
minor of the arrest or appoint counsel to represent the minor.

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(c) If the defendant is represented by counsel, the magistrate
shall inquire as to the defendant’s active duty or veteran status in
the United States military. The defendant may decline to provide
that information without penalty. If the defendant acknowledges
military service, the Judicial Council form for notification of
military status shall be filed by the defendant and served on the
prosecuting attorney and defense counsel and may be used to
determine eligibility for services pursuant to Section 1170.9. A
copy of the form shall be transmitted to the county veterans
services officer for confirmation of military service.

(d) If the defendant appears without counsel, the magistrate
shall not make an inquiry into the defendant’s current or past
military status. The court shall advise the defendant that certain
current or former members of the United States military who meet
certain qualifications are eligible for specific forms of restorative
relief under the Penal Code.

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(c) For the purposes of this section, the Judicial Council shall
revise its military service form to include information explaining
the rights under Section 1170.9 and related statutes of individuals
who have active duty or veteran status and shall include a space
for the local court to provide the contact information for the county
veterans service office. For purposes of this section, “active duty
or veteran status” includes active military duty service, reserve
duty status, national guard service, and veteran status.

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(d) The court shall inform the defendant that there are certain
provisions of law specifically designed for individuals who have
active duty or veteran status and who have been charged with a
crime. The court shall inform the defendant that if the defendant
is on active duty in the United States military, or is a veteran of
the United States military, the defendant may request a copy of
the Judicial Council military form that explains those rights and
may file that form with the court so that the defendant’s active
duty or veteran status is on file with the court. The court shall
advise the defendant that the defendant should consult with counsel
prior to submitting the form and that the defendant may, without
penalty, decline to provide this information to the court.

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(e) If the defendant acknowledges active duty or veteran status
and submits the Judicial Council military service form to the court,
the defendant shall file the form with the court and serve the form
on the prosecuting attorney and defense counsel. The form may
be used to assist in determining eligibility for services pursuant
to Section 1170.9. The court shall transmit a copy of the form to
the county veterans service officer for confirmation of the
defendant’s military service. The court shall also transmit a copy
of the form to the Department of Veterans Affairs.

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