(B) The minor is alleged to have personally used a firearm during the commission or attempted commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code. (3) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing one or more of the following offenses, if the minor has previously been found to be a person described in Section 602 by reason of the violation of a felony offense, when he or she was 14 years of age or older: . (1)(a) For the purpose of assisting in law enforcement administration and decision-making, such as juvenile diversion from continued involvement with the law enforcement and judicial systems, the sheriff of the county in which juveniles are taken into custody is encouraged to maintain a central identification file on serious habitual juvenile offenders and on juveniles who are at risk of becoming serious habitual juvenile offenders by virtue of having an arrest record.(C) The minor is alleged to have committed an offense listed in subdivision (b) in which any one or more of the following circumstances apply: (i) The minor has previously been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b). (b) The central identification file shall contain, but not be limited to, pertinent dependency record information maintained by the Department of Children and Families and delinquency record information maintained by the Department of Juvenile Justice; pertinent school records, including information on behavior, attendance, and achievement; pertinent information on delinquency and dependency maintained by law enforcement agencies and the state attorney; and pertinent information on delinquency and dependency maintained by those agencies charged with screening, assessment, planning, and treatment responsibilities. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. B.163) that addressed widely divergent topics and included no other mortgage-related provisions was a blatant violation of the single-subject rule, and therefore rendered the mortgage recording provision unconstitutional. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions.Were one to ask those same Americans whether the entire Constitution was amendable, however, the answers would likely be a good deal more varied.
Citing cases that date back to the 1870s, Justice Resnick wrote that “(a) directory provision, by definition, involves no invalidating consequence for its disregard.
He first argues that “courts should never invalidate legislation solely because of the subjective intentions of those who enacted it.” He also proposes, however, that forbidden subjective intent among a majority of legislators should trigger heightened scrutiny while forbidden subjective intent among a minority of legislators should trigger such scrutiny only where it sufficiently colors the social meaning of a law.
Because I find Fallon’s critique of current doctrine and his proposed reconceptualization of objective intent both perceptive and persuasive, I shall focus in this Response on his normative proposal for addressing forbidden subjective legislative intent.
(ii) The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the specific intent to promote, further, or assist in criminal conduct by gang members. The information obtained shall be used to develop a multiagency information sheet on serious habitual juvenile offenders or juveniles who are at risk of becoming serious habitual juvenile offenders.
The agencies and persons specified in this paragraph shall cooperate with the law enforcement agency or county in providing needed information and in developing the multiagency information sheet to the greatest extent possible.