HomeMy WebLinkAboutMINUTES - 04141998 - C71 '. 1
TO: BOARD OF SUPERVISORS Contra
r
FROM-. CostaPHIL BATCHELOR, COUNTY ADMINISTRATORCounty
� LL
DATE: April 1, 1998
SUBJECT: LEGISLATION. AB 2723 (PACHECO)
ASSAULT ON A PROBATION COUNSELOR
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENATION:
ADOPT a position in SUPPORT of AB 2723 by Assemblyman Rod Pacheco.
BA K�...GROUN12:
In adopting the County's 1998 Legislative Program, the Board adopted the following
language:
"15. Agree to $ with the Chief Probation Officers
Association of California legislation which would make it a
felony for an inmate of juvenile hall to assault a counselor
or probation officer."
Assemblyman Pacheco has introduced AB 2723. As introduced, AB 2723 would do
the following:
Make it a felony 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.
Since AB 2723 is consistent with the Board's 1998 Legislative Program, it is
recommended that the Board indicate its support for AB 2723.
f,
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
-LIK APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON April I A 'I fl.l$ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ASSENT V } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON E DATE SHOWN.
t
ATTESTED
Contact: PHIL,606CHELOR,CLERK OF THE BOARD OF
cc: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2
DEPUTY
cc: County Administrator
County Probation Officer
Assemblyman Rod Pacheco
Room 2130 State Capitol
Sacramento, CA 95814
Steve Szalay, Executive Director
California State Association of Counties
1100 K Street, Suite 101
Sacramento, CA 95814
Casey Sparks Kaneko, Executive Director
Urban Counties Caucus
11'00 K Street, Suite 101
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
71
CALIFORNIA LEGISLATURE-1M-98 REGULAR SESSION
ASSEMBLY BILL No. 2723
Introduced by Assembly Member Pacheco
February 23, 1998
An act to add Section 243.9 to the Penal Cade, relating to
violent crimes.
LEGISLAT'I'VE COUNSEL'S DIGEST
AB 2723, as introduced, Pacheco. '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-mandate local program..
The California Constitution requires the state to.reimburse
local agencies and school districts for certain casts 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
. 7/
A$ 2723 — 2 —
The
--- 2 --
?he people of the State of Carnia 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 602 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 conned in any of these facilities is guilty of a felony
9 and shall be punished by imprisonment in the state prison
14 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 Cade,or changes the definition
19 of a crime wig the meaning of Section 6 of Article
24 XIII B of the California Constitution.
21 Notwithstanding Section 17584 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.
C
99