Bill Text: CA AB1423 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 1423 (Prior Session Legislation)

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

Bill Title: Transfers to juvenile court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 583, Statutes of 2019. [AB1423 Detail]

Download: California-2019-AB1423-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1423

Introduced by Assembly Member Wicks

February 22, 2019

An act to add Section 707.5 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1423, as introduced, Wicks. Transfers to juvenile court.

Existing law, the Public Safety and Rehabilitation Act of 2016, as enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney, among other things, 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 person was 16 years of age or older. Following a fitness hearing, existing law requires the juvenile court to decide whether the minor should be transferred to a court of criminal jurisdiction and recite the basis for its decision.

This bill would authorize a minor whose case is being heard in a court of criminal jurisdiction to file a motion to transfer that case back to juvenile court under specified circumtances, including, but not limited to, when a felony charge on which a transfer to the criminal court was predicated is reduced to a misdemeanor or dismissed.

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

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

SECTION 1.

Section 707.5 is added to the Welfare and Institutions Code, to read:

707.5.

(a) In any case in which a minor is declared not a fit and proper subject to be dealt with under the juvenile court law, or as to a minor for whom charges in a petition or petitions in the juvenile court have been transferred to a court of criminal jurisdiction pursuant to Section 707, the minor may make a motion to the court for a reverse transfer hearing if any of the felony charges or enhancements, on which transfer to a court of criminal jurisdiction was predicated, are reduced to a misdemeanor by a court, dismissed at any time, or do not result in a conviction or finding of truth after trial.

(b) In any case in which a motion is filed by the defendant pursuant to subdivision (a) in which the charge or charges reduced, dismissed, or not resulting in a conviction or finding of truth are listed in subdivision (b) of Section 707, the case shall be transferred back to the juvenile court.