California Legislature—2013–14 Regular Session

Assembly Bill No. 592

Introduced by Assembly Member Fox

February 20, 2013

An act to amend Section 1170.17 of the Penal Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 592, as introduced, Fox. Sentencing: juveniles.

Existing law authorizes the prosecution and punishment of an individual under 18 years of age as an adult for a criminal offense under specified circumstances upon a finding that the individual is not a fit and proper subject to be dealt with under the juvenile court law. Existing statutory language provides that, except as otherwise provided, an individual prosecuted under this provision must be sentenced under the juvenile court law unless the district attorney demonstrates by a preponderance of the evidence, that the individual is not a fit and proper subject to be dealt with under the juvenile court law as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 1170.17 of the Penal Code is amended
to read:

1170.17.  

(a) When begin delete a person end delete begin insert an individual end insert is prosecuted for a
criminal offense committed while he or she was under the age of
18 years and the prosecution is lawfully initiated in a court of
criminal jurisdiction without a prior finding that the begin delete person end delete
begin insert individual end insert is not a fit and proper subject to be dealt with under the
juvenile court law, upon subsequent conviction for any criminal
offense, the begin delete person end delete begin insert individual end insert shall be subject to the same sentence
as an adult convicted of the identical offense, in accordance with
the provisions set forth in subdivision (a) of Section 1170.19,
except under the circumstances described in subdivision (b) or (c).

(b) Where the conviction is for the type of offense which, in
combination with the begin delete person’s end delete begin insert individual’s end insert age at the time the
offense was committed, makes the begin delete person end delete begin insert individual end insert eligible for
transfer to a court of criminal jurisdiction, pursuant to a rebuttable
presumption that the begin delete person end delete begin insert individual end insert is not a fit and proper
subject to be dealt with under the juvenile court law, and the
prosecution for the offense could not lawfully be initiated in a
court of criminal jurisdiction, then either of the following shall
apply:

(1) The begin delete person end delete begin insert individual end insert shall be subject to the same sentence
as an adult convicted of the identical offense in accordance with
the provisions set forth in subdivision (a) of Section 1170.19,
unless the begin delete person end delete begin insert individual end insert prevails upon a motion brought
pursuant to paragraph (2).

(2) Upon a motion brought by the begin delete person, end delete begin insert individual, end insert the court
shall order the probation department to prepare a written social
study and recommendation concerning the begin delete person’s end delete begin insert individual’s end insert
fitness to be dealt with under the juvenile court law and the court
shall either conduct a fitness hearing or suspend proceedings and
remand the matter to the juvenile court to prepare a social study
and make a determination of fitness. The begin delete person end delete begin insert individual end insert shall
receive a disposition under the juvenile court law only if the begin delete person end delete
begin insert individual end insert demonstrates, by a preponderance of the evidence, that
he or she is a fit and proper subject to be dealt with under the
juvenile court law, based upon each of the following five criteria:

(A) The degree of criminal sophistication exhibited by the
begin delete person end delete begin insert individual end insert .

(B) Whether the begin delete person end delete begin insert individual end insert can be rehabilitated prior to
the expiration of the juvenile court’s jurisdiction.

(C) The begin delete person’s end delete begin insert individual end insert begin insert ’s end insert previous delinquent history.

(D) Success of previous attempts by the juvenile court to
rehabilitate the begin delete person end delete begin insert individual end insert .

(E) The circumstances and gravity of the offense for which the
begin delete person end delete begin insert individual end insert has been convicted.

If the court conducting the fitness hearing finds that the begin delete person end delete
begin insert individual end insert is not a fit and proper subject for juvenile court
jurisdiction, then the begin delete person end delete begin insert individual end insert shall be sentenced by the
court where he or she was convicted, in accordance with the
provisions of paragraph (1). If the court conducting the hearing
on fitness finds that the begin delete person end delete begin insert individual end insert is a fit and proper subject
for juvenile court jurisdiction, then the begin delete person end delete begin insert individual end insert shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.

(c) Where the conviction is for the type of offense which, in
combination with the begin delete person’s end delete begin insert individual’s end insert age at the time the
offense was committed, makes the begin delete person end delete begin insert individual end insert eligible for
transfer to a court of criminal jurisdiction, pursuant to a rebuttable
presumption that the begin delete person end delete begin insert individual end insert is a fit and proper subject
to be dealt with under the juvenile court law, then the begin delete person end delete
begin insert individual end insert shall be sentenced as follows:

(1) The begin delete person end delete begin insert individual end insert shall be subject to a disposition under
the juvenile court law, in accordance with the provisions of
subdivision (b) of Section 1170.19, unless the district attorney
prevails upon a motion, as described in paragraph (2).

(2) Upon a motion brought by the district attorney, the court
shall order the probation department to prepare a written social
study and recommendation concerning whether the begin delete person end delete
begin insert individual end insert is a fit and proper subject to be dealt with under the
juvenile court law. The court shall either conduct a fitness hearing
or suspend proceedings and remand the matter to the juvenile court
for a determination of fitness. The begin delete person end delete begin insert individual end insert shall be
subject to a juvenile disposition under the juvenile court law unless
the district attorney demonstrates, by a preponderance of the
evidence, that the begin delete person end delete begin insert individual end insert is not a fit and proper subject
to be dealt with under the juvenile court law, based upon the five
criteria set forth in paragraph (2) of subdivision (b). If the begin delete person end delete
begin insert individual end insert is found to be not a fit and proper subject to be dealt
with under the juvenile court law, then the begin delete person end delete begin insert individual end insert shall
be sentenced in the court where he or she was convicted, in
accordance with the provisions set forth in subdivision (a) of
Section 1170.19. If the begin delete person end delete begin insert individual end insert is found to be a fit and
proper subject to be dealt with under the juvenile court law, the
begin delete person end delete begin insert individual end insert shall be subject to a disposition, in accordance
with the provisions of subdivision (b) of Section 1170.19.

(d) Where the conviction is for the type of offense which, in
combination with the begin delete person’s end delete begin insert individual’s end insert age, does not make the
begin delete person end delete begin insert individual end insert eligible for transfer to a court of criminal
jurisdiction, the begin delete person end delete begin insert individual end insert shall be subject to a disposition
in accordance with the provisions of subdivision (b) of Section
1170.19.