Juveniles: transfer to court of criminal jurisdiction.
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AB 2361 — Juveniles: transfer to court of criminal jurisdiction.
Last action — Chaptered by Secretary of State - Chapter 330, Statutes of 2022.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
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 requires the juvenile court to decide whether the minor should be transferred to a court of criminal jurisdiction following submission and consideration of a specified report from the probation officer, and of any other relevant evidence, and requires the court to consider certain criteria in making its decision, including whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction and the success of previous attempts by the juvenile court to rehabilitate the minor. Existing law requires the court to recite the basis for its decision to transfer jurisdiction in an order entered upon the minutes. This bill would require the court to find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court in order to find that the minor should be transferred to a court of criminal jurisdiction, and would require 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. By increasing the number of minors 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill Text
- Chaptered 09/15/22 - Chaptered Current pdf September 15, 2022
- Enrolled 08/25/22 - Enrolled pdf August 25, 2022
- Amended 03/31/22 - Amended Assembly pdf March 31, 2022
- Introduced 02/16/22 - Introduced pdf February 16, 2022
- AB2361 View text html
Action History
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Chaptered by Secretary of State - Chapter 330, Statutes of 2022.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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In Assembly. Ordered to Engrossing and Enrolling.
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Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 5011.).
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 19. Page 4933.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 4.) (May 19).
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In committee: Set, first hearing. Referred to suspense file.
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Coauthors revised.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 5). Re-referred to Com. on APPR.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Mia Bonta · Primary
- Isaac G. Bryan · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 14 voted No
Sponsors (1)
- Bonta, Mia Democratic
Co-sponsors (1)
- Bryan, Isaac G. Democratic
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 2 |
| Unaffiliated | 18 | 5 | 0 | 0 |
| Republican | 1 | 3 | 0 | 0 |
| Total | 30 | 8 | 0 | 2 |
| % of votes cast | 75% | 20% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Leyva | — | Yea |
| Pan | — | Yea |
| Atkins | — | Yea |
| Dodd | — | Yea |
| Gonzalez | — | Yea |
| Rubio | — | Yea |
| Skinner | — | Yea |
| Portantino | — | Yea |
| Kamlager | — | Yea |
| Newman | — | Yea |
| Bradford | — | Yea |
| Glazer | — | Yea |
| Eggman | — | Yea |
| Hertzberg | — | Yea |
| Min | — | Yea |
| Roth | — | Yea |
| Wieckowski | — | Yea |
| Hueso | — | Yea |
| Wilk | — | Nay |
| Melendez | — | Nay |
| Borgeas | — | Nay |
| Nielsen | — | Nay |
| Bates | — | Nay |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Not Voting |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Not Voting |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Kamlager | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 27 | 1 | 0 | 2 |
| Unaffiliated | 27 | 9 | 0 | 3 |
| Republican | 0 | 9 | 0 | 0 |
| Total | 54 | 19 | 0 | 5 |
| % of votes cast | 69% | 24% | 0% | 6% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Cooley | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Villapudua | — | Yea |
| Salas | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| Daly | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Gray | — | Yea |
| Voepel | — | Nay |
| Mathis | — | Nay |
| Bigelow | — | Nay |
| Kiley | — | Nay |
| Mayes | — | Nay |
| Smith | — | Nay |
| Cunningham | — | Nay |
| Waldron | — | Not Voting |
| Cooper | — | Not Voting |
| O'Donnell | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Not Voting |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Not Voting |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Chen, Phillip | Republican | Nay |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 12 | 4 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Levine | — | Yea |
| Holden | — | Yea |
| Quirk | — | Yea |
| Bigelow | — | Nay |
| Eduardo Garcia | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Santiago | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Lackey, Tom | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 2361 do?
- 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 requires the juvenile court to decide whether the minor should be transferred to a court of criminal jurisdiction following submission and consideration of a specified report from the probation officer, and of any other relevant evidence, and requires the court to consider certain criteria in making its decision, including whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction and the success of previous attempts by the juvenile court to rehabilitate the minor. Existing law requires the court to recite the basis for its decision to transfer jurisdiction in an order entered upon the minutes. This bill would require the court to find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court in order to find that the minor should be transferred to a court of criminal jurisdiction, and would require 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. By increasing the number of minors 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
- Who sponsors AB 2361?
- AB 2361 is sponsored by Bonta, Mia (Democratic) and Bryan, Isaac G. (Democratic).
- What is the current status of AB 2361?
- This bill has been enacted into law. Introduced February 16, 2022. Enacted.
- Where can I track AB 2361?
- Track AB 2361 free on One Click Politics — get push/email alerts when it moves.
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