Bill > AB2040

This bill proposes to amend Section 707 of the Welfare and Institutions Code, which governs the transfer of minors from juvenile court to a court of criminal jurisdiction. Currently, for a minor aged 16 or older alleged to have committed a felony, or a minor aged 14 or 15 alleged to have committed a specified serious offense but not apprehended before the end of juvenile court jurisdiction, the court must find by "clear and convincing evidence" that the minor is not amenable to rehabilitation within the juvenile system to order a transfer. This bill would lower that standard, requiring only a "preponderance of the evidence" to demonstrate the minor's lack of amenability to rehabilitation, meaning the court would only need to find it more likely than not that the minor cannot be rehabilitated. This change impacts cases where a minor is alleged to have committed certain serious offenses, as listed in the bill, and the court is deciding whether to keep the case in juvenile court or move it to adult criminal court.

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB2040