Today's Law As Amended


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SB-502 Juveniles.(1999-2000)



As Amends the Law Today


SECTION 1.

 Section 871.2 is added to the Welfare and Institutions Code, to read:

871.2.
 (a) Any minor committed to any residential facility in lieu of placement in a county facility, or any minor being transported to or from any residential facility to which he or she is committed in lieu of placement in a county facility, who takes an unauthorized leave of or attempts to take an unauthorized leave from that residential facility, or during transportation to or from that place, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year.
(b) Any person who commits any of the acts described in subdivision (a) by use of force or violence shall be punished by imprisonment in a county jail for not more than one year or by imprisonment in the state prison.
(c) The willful failure of a minor committed to any residential facility in lieu of placement in a county facility to return to the residential facility to which he or she is committed in lieu of placement in a county facility at the prescribed time while outside or away from the residential facility on an authorized leave constitutes a misdemeanor punishable as provided in subdivision (a). However, a willful failure to return at the prescribed time shall not be considered such an offense if the failure to return was reasonable under the circumstances.
(d) For purposes of this section, “residential facility” means any facility or residence described in SectionS 727 and 727.1, except for the home of a relative.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.