Bill Text: CA AB901 | 2019-2020 | Regular Session | Introduced
Bill Title: Juveniles.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State - Chapter 323, Statutes of 2020. [AB901 Detail]
Download: California-2019-AB901-Introduced.html
Assembly Bill | No. 901 |
Introduced by Assembly Member Gipson |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
In enacting this act, it is the intent of the Legislature that cities and counties work closely with minors, parents or guardians of minors, school districts, community partners, and system officials to create coordinated diversion opportunities in their counties.SEC. 2.
Section 236 of the Welfare and Institutions Code is amended to read:236.
Notwithstanding any otherSEC. 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:For
(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)Evidence that the minor’s school has undertaken the actions specified in subdivisions (a), (b), and (c) of Section 48264.5 of the Education Code. 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.
(B)The available record of previous attempts to address the minor’s truancy.
(2)The court is encouraged 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.
(5)The judge, referee, or juvenile hearing officer may continue the hearing to allow the minor the opportunity to demonstrate improved attendance before imposing any of the orders specified in
paragraph (6). Upon demonstration of improved attendance, the court may dismiss the case.
(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:
(A)Order 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.
(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.
(C)Order a combination of community service work described in subparagraph (A) and payment of a portion of the fine described in subparagraph (B).
(D)Restrict 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.
(c)
SEC. 4.
Section 601 of the Welfare and Institutions Code is amended to read:601.
(a) Any minor between 12 years of age and 17 years of age, inclusive, who persistently or habitually refuses to obey the reasonable and proper orders or directions of(b)If a minor between 12 years of age and 17 years of age, inclusive, has four or more truancies within one school year as defined in Section 48260
of the Education Code or a school attendance review board or probation officer determines that the available public and private services are insufficient or inappropriate to correct the habitual truancy of the minor, or to correct the minor’s persistent or habitual refusal to obey the reasonable and proper orders or directions of school authorities, or if the minor fails to respond to directives of a school attendance review board or probation officer or to services provided, the minor is then within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court. However, it is the intent of the Legislature that a minor who is described in this subdivision, adjudged a ward of the court pursuant solely to this subdivision, or found in contempt of court for failure to comply with a court order pursuant to this subdivision, shall not be held in a secure facility and shall
not be removed from the custody of the parent or guardian except for the purposes of school attendance.
(c)
(d)