BILL NUMBER: AB 592	INTRODUCED
	BILL TEXT


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  a person   an individual
 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  person   individual  is not a
fit and proper subject to be dealt with under the juvenile court law,
upon subsequent conviction for any criminal offense, the 
person   individual  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  person's   individual's
 age at the time the offense was committed, makes the 
person   individual  eligible for transfer to a
court of criminal jurisdiction, pursuant to a rebuttable presumption
that the  person   individual  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  person   individual  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  person  
individual  prevails upon a motion brought pursuant to paragraph
(2).
   (2) Upon a motion brought by the  person,  
individual,  the court shall order the probation department to
prepare a written social study and recommendation concerning the
 person's   individual's  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  person  
individual  shall receive a disposition under the juvenile court
law only if the  person   individual
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
 person   individual  .
   (B) Whether the  person   individual 
can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
   (C) The  person's   individual   's
 previous delinquent history.
   (D) Success of previous attempts by the juvenile court to
rehabilitate the  person   individual  .
   (E) The circumstances and gravity of the offense for which the
 person   individual  has been convicted.
   If the court conducting the fitness hearing finds that the
 person   individual  is not a fit and
proper subject for juvenile court jurisdiction, then the 
person   individual  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  person   individual
 is a fit and proper subject for juvenile court jurisdiction,
then the  person   individual  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  person's   individual's
 age at the time the offense was committed, makes the 
person   individual  eligible for transfer to a
court of criminal jurisdiction, pursuant to a rebuttable presumption
that the  person   individual is a fit and
proper subject to be dealt with under the juvenile court law, then
the  person   individual  shall be
sentenced as follows:
   (1) The  person   individual  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  person
  individual  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
 person   individual  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  person   individual  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 person   individual
 is found to be not a fit and proper subject to be dealt with
under the juvenile court law, then the  person  
individual  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  person 
 individual  is found to be a fit and proper subject to be
dealt with under the juvenile court law, the  person
  individual  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  person's   individual's
 age, does not make the  person  
individual  eligible for transfer to a court of criminal
jurisdiction, the  person   individual 
shall be subject to a disposition in accordance with the provisions
of subdivision (b) of Section 1170.19.