California Assembly Bill AB2390 Introduced / Bill

 BILL NUMBER: AB 2390INTRODUCED 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  .