HomeMy WebLinkAboutMINUTES - 01191999 - C41 TO: BOARD OF SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR
Costa
County
DATE: January 12, 1999 firs
SUBJECT: LEGISLATION: AB 138 (HAVICE)
SPECIFIC REQUEST{S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of AB 139 by AssemblywomanSally Havice of
Artesia which would make it a felony for a ward of the juvenile court to commit an
assault or battery while confined in a juvenile facility against any person who is not
so confined.
BACKGROUND:
It has long been assumed by probation officials that Penal Code Section 243.1
provided that if a battery is committed on a probation counselor in a juvenile hall by
a ward that a felony has been committed in that Section 243.1 refers to the
definition of custodial officer in Penal Code Section 831. The Juvenile Court in
Contra Costa County ruled that a felony had been committed in the instant case,
The Pgople v. Rochelle Reanna B.. This decision was appealed'to the Court of
Appeals, which overturned the decision of the Juvenile Court. The Appellate Court
reached this decision by concluding that the Legislature never specifically indicated
its intent to include juvenile correctional counselors in the definition of"custodial
officer," as defined in Penal Code Section 831. The appellate decision concludes
as follows: 'fit is the province of the Legislature and not the courts to enact
statutory categories and definitions such as the ones at issue. Clearly, any
change in current 'law must be addressed by the Legislature." The Chief
Probation Officers Association is sponsoring an effort to clarify the Legislature's
intent in this regard. Since this case arose from Contra Costa County, we believe
that it is appropriate for Contra Costa County to support their efforts.
CONTINUED ON ATTACHMENT: -4—YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
-,2c—APPROVE OTHER
SIGNATURES:
ACTION Of BOARD ON january 19, 4 E3t5O - _APPROVED AS RECOMMENDED 9TF41 Fe
VOTE OF SUPERVISORS
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y 1 HEREBY CERTIFY THAT THIS IS A TRUE
-&-UNANIMOUS{ABSENT I.I.cS AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTE;UPERVI
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ABSENT: ABSTAIN: OF SUPERTDATE
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cc: SOFNISTRATOR
See Page 2
BY ' r7 DEPUTY
As a result, the Board's 1999 Legislative Program includes a ;provision which
supports efforts to enact legislation making it a misdemeanor for a ward of the
court who is confined in a juvenile facility to assault a person who is not confined
to that facility and a felony if the assault is with a deadly weapon or instrument or
by any means of force likely to produce great bodily injury."
Assemblywoman Havice has introduced AB 139 which, as introduced,would make
it a felony, punishable by imprisonment in the state prison for 2,4, or 6 years for a
ward of the juvenile court to commit an assault or battery whip confined in a
juvenile hall, ranch, camp, or other local juvenile detention facifity against any
person who is not confined in any of these facilities. It appears that AS 139 is
consistent with the Board's adopted position and it is,therefore, recommended'that
the Board indicate its support of AS 139.
cc: County Administrator
County Probation Officer
County Counsel
Assemblywoman Sally Havice
Room 51501 State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
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CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLE' BILL No. 139
Introduced by Assembly Member Havice
January 11, 1999
An act to add Section 243.9 to the penal Code, relating to
violent crimes.
LEGISLATIVE COUNSEf:S DIGEST
AB 139, as introduced, Havice. Violence: assault and
battery.
Existing law prohibits assault or battery against specified
classes of persons, including jurors, in which case the offense
is punishable as either a misdemeanor or felony.
This bill would make it a felony punishable by
imprisonment in the state prison for 2, 4, or 6 years for a ward
of the juvenile court to commit an assault or battery while
confined in any of specified juvenile facilities against any
person who is not so confined. By creating a new crime, 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 no reimbursement is required
by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
99
i
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AB 139 —2—
The
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The people of the State of California do enact as follows:
1 SECTION 1. Section 243.9 is added to the Penal Code,
2 to read:
3 243.9. A person adjudged to be a ward of the juvenile
4 court pursuant to Section 502 of the Welfare and
5 Institutions Code who, while confined in a juvenile hall,
6 ranch, camp, or other local juvenile detention facility,
7 commits an assault or battery against any person who is
8 not confined in any of these facilities is guilty of a felony
9 and shall be punished by imprisonment in the state prison
10 for two,four, or six years.
11 SEC. 2. No reimbursement is required by this act
12 pursuant to Section 6 of Article XIII B of the California
13 Constitution because the only costs that may be incurred
14 by a local agency or school district will be incurred
15 because this act creates a new crime or infraction,
16 eliminates a crime or infraction, or changes the penalty
17 for a crime or infraction, within the meaning of Section
18 17556 of the Government Code, or changes the definition
19 of a crime within the meaning of Section 6 of Article
20 XIII B of the California Constitution.
21 Notwithstanding Section 17580 of the Government
22 Code, unless otherwise specified, the provisions of this act
23 shall become operative on the same date that the act
24 takes effect pursuant to the California Constitution
Q
99