SB 838

  • California Senate Bill
  • 2013-2014 Regular Session
  • Introduced in Senate Jan 06, 2014
  • Passed Senate May 28, 2014
  • Passed Assembly Aug 25, 2014
  • Signed by Governor Sep 30, 2014

Juveniles: sex offenses.

Bill Subjects

Juveniles: Sex Offenses.

Abstract

Under existing law, as amended by Proposition 21, an initiative statute approved by the voters at the March 7, 2000, statewide primary election, juvenile court hearings are closed to the public, except for juvenile court hearings alleging the commission of specified felonies. The Legislature may amend Proposition 21 by a statute passed in each house by a 23 vote. This bill would add to that list of felonies, to which the public may be admitted for the hearing, certain sex offenses accomplished because the person is prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of a disability, of giving consent, and this is known or reasonably should be known to the person committing the offense. Existing law provides that when a minor is adjudged a ward of the court, as specified, the court may order any of certain types of treatment, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp, or the county juvenile hall, as specified. This bill would require a minor to complete a sex offender treatment program when a minor is adjudged or continued as a ward of the court for the commission of specified sex offenses, if the court determines, in consultation with the county probation officer, that suitable programs are available. The bill would require the court to consider certain factors, in addition to any other relevant information presented, in determining what type of sex offender treatment program is appropriate for the minor. The bill would require a minor completing a sex offender treatment program to pay all or a portion of the reasonable costs of the program, as specified. By increasing the duties on county officials in implementing the treatment program requirement, this bill would impose a state-mandated local program. Existing law authorizes deferral of judgment for certain minors who have committed felony offenses if specified criteria are met. This bill would add to those criteria that the offense charged is not rape, sodomy, oral copulation, or an act of sexual penetration, as specified, when the victim was prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim was at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and that was known or reasonably should have been known to the minor at the time of the offense. Because this bill would amend Proposition 21, it would require a 23 vote. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Sponsors (9)

Votes


Actions


Sep 30, 2014

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State. Chapter 919, Statutes of 2014.

Sep 02, 2014

California State Legislature

Enrolled and presented to the Governor at 11 a.m.

Aug 26, 2014

Senate

Assembly amendments concurred in. (Ayes 36. Noes 0. Page 4878.) Ordered to engrossing and enrolling.

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 25, 2014

Assembly

Read third time. Passed. (Ayes 79. Noes 0. Page 6416.) Ordered to the Senate.

Aug 19, 2014

Assembly

Read second time. Ordered to third reading.

Aug 18, 2014

Assembly

Read second time and amended. Ordered to second reading.

Aug 14, 2014

Assembly

From committee: Do pass as amended. (Ayes 16. Noes 1.) (August 14).

Aug 06, 2014

Assembly

Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jul 02, 2014

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Jul 01, 2014

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24).

Jun 17, 2014

Assembly

Hearing postponed by committee.

Jun 09, 2014

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 29, 2014

Assembly

In Assembly. Read first time. Held at Desk.

May 28, 2014

Senate

Read third time. Passed. (Ayes 35. Noes 0. Page 3656.) Ordered to the Assembly.

May 27, 2014

Senate

Read second time and amended. Ordered to third reading.

May 23, 2014

Senate

From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3703.) (May 23).

May 20, 2014

Senate

Set for hearing May 23.

May 19, 2014

Senate

Placed on APPR. suspense file.

May 09, 2014

Senate

Set for hearing May 19.

May 07, 2014

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

May 06, 2014

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3310.) (April 29).

Apr 10, 2014

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on PUB. S.

Senate

Set for hearing April 29.

Apr 09, 2014

Senate

Hearing postponed by committee.

Apr 03, 2014

Senate

Set for hearing April 22.

Mar 17, 2014

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 05, 2014

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on RLS.

Jan 23, 2014

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Jan 07, 2014

Senate

From printer. May be acted upon on or after February 6.

Jan 06, 2014

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB838 HTML
01/06/14 - Introduced PDF
03/05/14 - Amended Senate PDF
04/10/14 - Amended Senate PDF
05/07/14 - Amended Senate PDF
05/27/14 - Amended Senate PDF
07/02/14 - Amended Assembly PDF
08/18/14 - Amended Assembly PDF
08/28/14 - Enrolled PDF
09/30/14 - Chaptered PDF

Related Documents

Document Format
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Sources

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