SB 545 — Juveniles: transfer to court of criminal jurisdiction.

Summary

Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. The act may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act. Existing law requires the court to find by clear and convincing evidence that the minor is not amenable to rehabilitation when under the jurisdiction of the juvenile court, after consideration of specified criteria, in order to find that the minor should be transferred to a court of criminal jurisdiction, and requires the order reciting the court's basis for its decision to transfer jurisdiction to include the reasons supporting the court's finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. Existing law allows the court, in evaluating these criteria, to give weight to any relevant factor. This bill would make consideration of any relevant factor mandatory and would specify additional factors that the juvenile court is required to consider when evaluating the minor's criminal sophistication when determining whether to transfer a matter to a court of criminal jurisdiction. The bill would require the court to consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor when considering the circumstances and gravity of the offense alleged in the petition to have been committed by the minor. The bill would require the juvenile court to retain the minor in its custody if the court receives evidence that the person against whom the child is accused of committing the offense trafficked, sexually abused, or sexually battered the minor before the commission of the offense, unless the court finds by clear and convincing evidence that the person had not trafficked, sexually abused, or sexually battered the minor. Existing law authorizes a person whose case was transferred from juvenile court to a court of criminal jurisdiction to file a motion to return the case to juvenile court for disposition under specified circumstances, including, among others, when the person is convicted at trial only of an offense that was not the basis for transfer from juvenile court to the criminal court, as specified. The bill would require a court of criminal jurisdiction to return a case to juvenile court for disposition pursuant to these provisions if the court receives evidence that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor prior to, or during commission of the alleged offense, unless the court finds, by clear and convincing evidence, that the person had not trafficked, sexually abused, or sexually battered the minor. By increasing the number of minors that may be retained under the jurisdiction of the juvenile court, thereby increasing the number of minors who are entitled to county-funded rehabilitative services, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
• Enrolled 09/14/23 - Enrolled pdf September 14, 2023
• Amended 09/07/23 - Amended Assembly pdf September 07, 2023
• Amended 08/28/23 - Amended Assembly pdf August 28, 2023
• Amended 06/14/23 - Amended Assembly pdf June 14, 2023
• Amended 05/15/23 - Amended Senate pdf May 15, 2023
• Introduced 02/15/23 - Introduced pdf February 15, 2023
• SB545 View text html

Action History

1. October 10, 2023

   Chaptered by Secretary of State. Chapter 716, Statutes of 2023.

2. October 10, 2023

   Approved by the Governor.

3. September 20, 2023

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 12, 2023

   Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2678.) Ordered to engrossing and enrolling.

5. September 11, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 11, 2023

   Read third time. Passed. (Ayes 64. Noes 4. Page 3138.) Ordered to the Senate.

7. September 07, 2023

   Ordered to third reading.

8. September 07, 2023

   Read third time and amended.

9. September 07, 2023

   Assembly Rule 69 suspended. (Ayes 62. Noes 15. Page 3010.)

10. August 28, 2023

    Ordered to third reading.

11. August 28, 2023

    Read third time and amended. (Ayes 62. Noes 2. Page 2829.)

12. June 29, 2023

    Read second time. Ordered to third reading.

13. June 28, 2023

    From committee: Do pass. (Ayes 10. Noes 0.) (June 28).

14. June 14, 2023

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

15. June 13, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 13).

16. May 26, 2023

    Referred to Com. on PUB. S.

17. May 23, 2023

    In Assembly. Read first time. Held at Desk.

18. May 22, 2023

    Read third time. Passed. (Ayes 37. Noes 0. Page 1215.) Ordered to the Assembly.

19. May 16, 2023

    Read second time. Ordered to third reading.

20. May 15, 2023

    Ordered to second reading.

21. May 15, 2023

    Read third time and amended.

22. April 25, 2023

    Read second time. Ordered to third reading.

23. April 24, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

24. April 14, 2023

    Set for hearing April 24.

25. April 11, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 659.) (April 11). Re-referred to Com. on APPR.

26. March 14, 2023

    Set for hearing April 11.

27. February 22, 2023

    Referred to Com. on PUB S.

28. February 16, 2023

    From printer. May be acted upon on or after March 18.

29. February 15, 2023

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

Sponsors

• Susan Rubio · Primary
• Aisha Wahab · Cosponsor
• Isaac G. Bryan · Cosponsor

Votes

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