Bill Text: CA AB1675 | 2015-2016 | Regular Session | Amended
Bill Title: Juveniles: prostitution.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1675 Detail]
Download: California-2015-AB1675-Amended.html
BILL NUMBER: AB 1675 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY MAY 12, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Members Mark Stone and Gonzalez
JANUARY 19, 2016
An act to amend Section 654.3 of, and to add Section 654.15 to,
the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1675, as amended, Mark Stone. Juveniles: prostitution.
Existing law subjects any person under 18 years of age who
commits a crime to the jurisdiction of the juvenile court, which may
adjudge that person to be a ward of the court, except as specified.
Existing law authorizes a probation officer, in certain
circumstances, to delineate a specific program of supervision of a
minor who is alleged to have committed a crime in lieu of requesting
that the prosecuting attorney file a petition to declare the minor a
ward of the juvenile court. Existing law makes a minor ineligible for
this program of supervision if he or she has previously participated
in a program of supervision.
Existing law makes it a misdemeanor for a person to solicit or
engage in any act of prostitution or to loiter in a public place in a
manner and under circumstances manifesting the purpose and with the
intent to commit prostitution.
This bill would require the probation officer, in a case in which
a minor is alleged to have committed those prostitution-related
offenses, to delineate a specific program of supervision for the
minor in lieu of requesting that the prosecuting attorney file a
petition to have the minor declared a ward of the juvenile court. The
bill would also allow these minors to participate in a program of
supervision even if they have previously participated in a program of
supervision. The bill would further require the probation
officer to make a report to the county child welfare agency if the
officer has reason to believe the minor is the victim of abuse or
neglect, as spec ified. By increasing the duties of
probation officers, 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.
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 654.3 of the Welfare and Institutions Code is
amended to read:
654.3. A minor is not eligible for the program of supervision set
forth in Section 654 or 654.2 in the following cases, except in an
unusual case where the interests of justice would best be served and
the court specifies on the record the reasons for its decision:
(a) A petition alleges that the minor has violated an offense
listed in subdivision (b) of Section 707.
(b) A petition alleges that the minor has sold or possessed for
sale a controlled substance as defined in Chapter 2 (commencing with
Section 11053) of Division 10 of the Health and Safety Code.
(c) A petition alleges that the minor has violated Section 11350
or 11377 of the Health and Safety Code where the violation takes
place at a public or private elementary, vocational, junior high
school, or high school, or a violation of Section 245.5, 626.9, or
626.10 of the Penal Code.
(d) A petition alleges that the minor has violated Section 186.22
of the Penal Code.
(e) The minor has previously participated in a program of
supervision pursuant to Section 654. This subdivision does not apply
to a minor who will be participating in the program of supervision
pursuant to Section 654.15.
(f) The minor has previously been adjudged a ward of the court
pursuant to Section 602.
(g) A petition alleges that the minor has violated an offense in
which the restitution owed to the victim exceeds one thousand dollars
($1,000). For purposes of this subdivision, the definition of
"victim" in paragraph (1) of subdivision (a) of Section 730.6 and
"restitution" in subdivision (h) of Section 730.6 shall apply.
(h) The minor is alleged to have committed a felony offense when
the minor was at least 14 years of age. Except in unusual cases where
the court determines the interest of justice would best be served by
a proceeding pursuant to Section 654 or 654.2, a petition alleging
that a minor who is 14 years of age or over has committed a felony
offense shall proceed under Article 20.5 (commencing with Section
790) or Article 17 (commencing with Section 675).
SEC. 2. Section 654.15 is added to the Welfare and Institutions
Code, immediately following Section 654.1, to read:
654.15. (a) Notwithstanding any other law,
in any case in which a minor has been alleged to have violated
subdivision (b) of Section 647 or Section 653.22 of the Penal Code,
the probation officer shall, in lieu of requesting that a petition be
filed by the prosecuting attorney to declare the minor a ward of the
court under Section 602, proceed in accordance with Section 654 and
delineate a specific program of supervision for the minor.
(b) In addition to the actions required by subdivision (a), the
probation officer shall make a report to the county child welfare
agency if the officer has reason to believe the minor is a person
described in Section 300. The child welfare agency shall investigate
the report pursuant to Section 328.
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.
