BILL NUMBER: AB 2390 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brown
FEBRUARY 18, 2016
An act to amend Sections 1179 and 1772 of the Welfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2390, as introduced, Brown. Juveniles: honorable discharge:
release from penalties.
Existing law requires that all persons honorably discharged from
the control of the Department of Corrections and Rehabilitations,
Division of Juvenile Justice, to thereafter be released from all
penalties or disabilities resulting from the offense for which they
were committed. Existing law separately requires that every person
discharged from the control of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice, who has not, during the
period of control, been placed in a state prison, to thereafter be
released from all penalties and disabilities resulting from the
offense or crime for which he or she was committed.
This bill would require all persons honorably discharged from the
control of the Department of Corrections and Rehabilitation, Division
of Juvenile Justice by the Board of Parole Hearings, Juvenile
Division or from the control of the county probation department by
the juvenile court to be released from all penalties or disabilities
resulting from the offense for which they were committed. The bill
would require that each person honorably discharged from the control
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice by the Board of Parole Hearings, Juvenile Division,
and each person discharged from the control of the county probation
department by the juvenile court who has not, during the period of
control, been placed in a state prison, to thereafter be released
from all penalties and disabilities resulting from the offense or
crime for which he or she was committed.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1179 of the Welfare and Institutions Code is
amended to read:
1179. (a) All persons Each person
honorably discharged from control of the Youth Authority
Board Department of Corrections and Rehabilitation,
Division of Juvenile Justice by the Board of Parole Hearings,
Juvenile Division, or from the control of the county probation
department by the juvenile court shall thereafter be released
from all penalties or disabilities resulting from the offenses for
which they were committed, including, but not limited to, any
disqualification for any employment or occupational license, or both,
created by any other provision of law. However,
that a person shall is
not be eligible for appointment as a peace
officer employed by any public agency if his or her appointment
would is otherwise be
prohibited by Section 1029 of the Government Code.
(b) Notwithstanding the provisions of
subdivision (a), that a person may be
appointed and employed as a peace officer by the Department of
the Youth Authority Corrections and
Rehabilitation, Division of Juvenile Justice if (1) at least
five years have passed since his or her honorable discharge, and the
person has had no misdemeanor or felony convictions except for
traffic misdemeanors since he or she was honorably discharged by the
board or the juvenile court , or (2) the person was
employed as a peace officer by the department
Division of Juvenile Justice on or before January 1, 1983.
No A person who is under the
jurisdiction of the department Division of
Juvenile Justice or county probation department shall not
be admitted to an examination for a peace officer position with
the department Division of Juvenile Justice
unless and until the person has been honorably discharged from
the jurisdiction of the department by the Youth Authority
Board. Division of Juvenile Justice or county
probation department pursuant to subdivision (a).
(c) Upon In the case of a person
discharged from the control of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice by the Board of Parole
Hearings, upon the final discharge or dismissal of any
such the person, the Department of the
Youth Authority department shall immediately
certify the discharge or dismissal in writing, and shall transmit the
certificate to the court by which the person was committed. The
court shall thereupon dismiss the accusation and the action pending
against that person.
SEC. 2. Section 1772 of the Welfare and Institutions Code is
amended to read:
1772. (a) Subject to subdivision (b), every person honorably
discharged from control of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice by the
Youth Authority Board Board of Parole Hearings,
Juvenile Division or from the control of the county probation
department by the juvenile court who has not, during the period
of control by the authority Division of
Juvenile Justice or county probation department , been placed
by the authority Board of Parole Hearings,
Juvenile Division or county probation department in a state
prison shall thereafter be released from all penalties and
disabilities resulting from the offense or crime for which he or she
was committed, and every person discharged may petition the court
which committed him or her, and the court may upon that petition set
aside the verdict of guilty and dismiss the accusation or information
against the petitioner who shall thereafter be released from all
penalties and disabilities resulting from the offense or crime for
which he or she was committed, including, but not limited to, any
disqualification for any employment or occupational license, or both,
created by any other provision of law.
(b) Notwithstanding subdivision (a) , all of the following
shall apply :
(1) A person described by subdivision (a) shall not be eligible
for appointment as a peace officer employed by any public agency if
his or her appointment would otherwise be prohibited by Section 1029
of the Government Code. However, that person may be appointed and
employed as a peace officer by the Department of the Youth
Authority Corrections and Rehabilitation, Division of
Juvenile Justice if (A) at least five years have passed since
his or her honorable discharge, and the person has had no misdemeanor
or felony convictions except for traffic misdemeanors since he or
she was honorably discharged by the Youth Authority Board
board or by a juvenile court , or (B) the person
was employed as a peace officer by the Department of the
Youth Authority Division of Juvenile Justice on
or before January 1, 1983. No A person
who is under the jurisdiction of the Department of the Youth
Authority Division of Juvenile Justice or county
probation department shall not be admitted to an
examination for a peace officer position with the department
Division of Juvenile Justice unless and until
the person has been honorably discharged from the jurisdiction of the
Youth Authority Board. Division
of Juvenile Justice or county probation department pursuant to
subdivision (a).
(2) A person described by subdivision (a) is subject to Chapter 2
(commencing with Section 29800) and Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code.
(3) The conviction of a person described by subdivision (a) for an
offense listed in subdivision (b) of Section 707 is admissible in a
subsequent criminal, juvenile, or civil proceeding if otherwise
admissible, if all the following are true:
(A) The person was 16 years of age or older at the time he or she
committed the offense.
(B) The person was found unfit to be dealt with under the juvenile
court law pursuant to Section 707 because he or she was alleged to
have committed an offense listed in subdivision (b) of Section 707.
(C) The person was tried as an adult and convicted of an offense
listed in subdivision (b) of Section 707.
(D) The person was committed to the Department of the
Youth Authority Corrections and Rehabilitation,
Division of Juvenile Justice for the offense referred to in
subparagraph (C).
(4) The conviction of a person described by subdivision (a) may be
used to enhance the punishment for a subsequent offense.
(5) The conviction of a person who is 18 years of age or older at
the time he or she committed the offense is admissible in a
subsequent civil, criminal, or juvenile proceeding, if otherwise
admissible pursuant to law.
(c) Every person discharged from control by the Youth
Authority Board Board of Parole Hearings, Juvenile
Division or from the county probation department by the juvenile
court shall be informed of the provisions of this section in
writing at the time of discharge.
(d) "Honorably discharged" as used in this section means and
includes every person whose discharge is based upon a good record on
parole supervised release .