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CA AB2098

Bill

Status

Passed

7/21/2014

Primary Sponsor

Marc Levine

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Requires courts to determine whether defendants who allege military service-related conditions (sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems) were or are military members before sentencing.

  • Mandates courts consider military service and service-related conditions as a factor in favor of granting probation to eligible defendants and as a mitigating factor when imposing prison sentences.

  • Authorizes courts to order defendants granted probation into treatment programs (local, state, federal, or nonprofit) for periods up to what would have been served in prison or jail, if the defendant agrees and appropriate treatment exists.

  • Allows courts to grant restorative relief (early probation termination, felony-to-misdemeanor reduction, or record dismissal) to veterans who successfully complete court-ordered treatment and demonstrate rehabilitation, with specified exceptions for certain sex offenses and firearm restrictions.

  • Gives preference to treatment programs with demonstrated success treating veterans and allows collaboration with the Department of Veterans Affairs to maximize benefits and services.

Legislative Description

Military personnel: veterans: sentencing: mitigating circumstances.

Last Action

Chaptered by Secretary of State - Chapter 163, Statutes of 2014.

7/21/2014

Committee Referrals

Public Safety4/22/2014
Rules4/7/2014
Public Safety3/3/2014

Full Bill Text

No bill text available