Bill Text: CA AB1675 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1675 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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 ASSEMBLY  APRIL 19, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Mark Stone

                        JANUARY 19, 2016

   An act to  amend Section 654.3 of, and to  add Section
654.15  to   to,  the Welfare and
Institutions Code, relating to juveniles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1675, as amended, Mark Stone. Juveniles: prostitution. 

   Under existing law, a child may come within the jurisdiction of
the juvenile court and become a dependent child of the court under
certain circumstances, including in cases of abuse and neglect.
Existing 
    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 
filing   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  filing   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.  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.  No minor shall be 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).
   SECTION 1.   SEC. 2.   Section 654.15 is
added to the Welfare and Institutions Code, immediately following
Section 654.1, to read:
   654.15.  Notwithstanding any other law, in any case in which a
minor has been alleged to have violated Section 647 or 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.
   SEC. 2.   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.