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SB-439 Jurisdiction of the juvenile court.(2017-2018)

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Date Published: 03/28/2017 09:00 PM
SB439:v98#DOCUMENT

Amended  IN  Senate  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 439


Introduced by Senators Mitchell and Lara

February 15, 2017


An act to amend Sections 601 and 602 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 439, as amended, Mitchell. Jurisdiction of the juvenile court.
Existing law places a person who is under 18 years of age within the jurisdiction of the juvenile court for certain offenses, including, among others, the person habitually refuses to obey the reasonable and proper orders or directions of his or her parents or is habitually truant, as specified. Existing law also places a person who is under 18 years of age when he or she violates any law of this state or of the United States or specified ordinances of any city or county of this state to be within the jurisdiction of the juvenile court. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court.
This bill would modify the ages that a person must be to fall within the jurisdiction of the juvenile court or adjudged a ward of the court under these circumstances to be between 12 years of age and 18 17 years of age, inclusive.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 601 of the Welfare and Institutions Code is amended to read:

601.
 (a) Any minor between 12 years of age and 18 17 years of age, inclusive, who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian, or custodian, or who is beyond the control of that person, or who is a minor between 12 years of age and 18 17 years of age, inclusive, when he or she violated any ordinance of any city or county of this state establishing a curfew based solely on age is within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court.
(b) If a minor between 12 years of age and 18 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) To the extent practically feasible, a minor who is adjudged a ward of the court pursuant to this section shall not be permitted to come into or remain in contact with any minor ordered to participate in a truancy program, or the equivalent thereof, pursuant to Section 602.
(d) Any peace officer or school administrator may issue a notice to appear to a minor who is within the jurisdiction of the juvenile court pursuant to this section.

SEC. 2.

 Section 602 of the Welfare and Institutions Code is amended to read:

602.
 Except as provided in Section 707, any minor who is between 12 years of age and 18 17 years of age, inclusive, when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such minor to be a ward of the court.