Bill Text: CA SB545 | 2023-2024 | Regular Session | Introduced

California Senate Bill 545 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Juveniles: transfer to court of criminal jurisdiction.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 716, Statutes of 2023. [SB545 Detail]

Download: California-2023-SB545-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 545

Introduced by Senator Rubio

February 15, 2023

An act to add Section 707.3 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL'S DIGEST

SB 545, as introduced, Rubio. Juveniles: transfer to court of criminal jurisdiction.

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 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.

This bill would prohibit the juvenile court, if it finds by clear and convincing 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, from transferring the matter to a court of criminal jurisdiction. The bill would require the criminal court to transfer a case back to the jurisdiction of the juvenile court if evidence regarding the minor’s status as a victim was not available or argued before the transfer hearing and the criminal court finds by clear and convincing evidence that the person against whom the child is accused of committing the offense trafficked, sexually abused, or sexually battered the minor. 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 707.3 is added to the Welfare and Institutions Code, to read:

707.3.

(a) If the juvenile court finds by clear and convincing evidence that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor, the court shall not transfer the matter to the court of criminal jurisdiction pursuant to Section 707.

(b) Notwithstanding any other law, if evidence pertaining to the minor’s status as a victim as described in subdivision (a) was not available or argued before the transfer hearing held pursuant to Section 707, the criminal court shall transfer the matter back to the jurisdiction of the juvenile court if the criminal court finds by clear and convincing evidence that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor.

(c) This section shall be construed as prioritizing the successful treatment and rehabilitation of minor sex crime victims who commit acts of violence against their abusers. It is the intent of the Legislature that these minors be viewed as victims and provided treatment and services in the juvenile or family court system.

SEC. 2.

To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.