Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1675

Introduced by Assembly Member Mark Stone

January 19, 2016

An act to begin delete amend Section 602 of end delete begin insert add Section 654.15 to end insert the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1675, as amended, Mark Stone. Juveniles: prostitution.

Under existing law, a child may come within the jurisdiction of the juvenile court and become a dependent child of the court under certain circumstances, including in cases of abuse and neglect. Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. begin insert Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of filing a petition to declare the minor a ward of the juvenile court. end insert

Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.

This bill would begin delete specify that a minor who commits those crimes is not subject to the delinquency jurisdiction of the juvenile court, but he or she may be adjudged a dependent child of the juvenile court. end delete begin insert require the probation officer, in a case in which a minor is alleged to have committed those offenses, to delineate a specific program of supervision for the minor in lieu of filing a petition to have the minor declared a ward of the juvenile court. By increasing the duties of probation officers, this bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 654.15 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , end insert immediately following Section 654.1 begin insert , to read: end insert

begin insert

begin insert 654.15. end insert   

Notwithstanding any other law, in any case in which
a minor has been alleged to have violated Section 647 or 653.22
of the Penal Code, the probation officer shall, in lieu of requesting
that a petition be filed by the prosecuting attorney to declare the
minor a ward of the court under Section 602, proceed in
accordance with Section 654 and delineate a specific program of
supervision for the minor.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 602 of the Welfare and Institutions Code
is amended to read:

602.  

(a) Except as provided in subdivision (b) or (c), any
person who is under 18 years of age when he or she violates any
law of this state or of the United States or any ordinance of any
city or county of this state defining crime other than an ordinance
establishing a curfew based solely on age, is within the jurisdiction
of the juvenile court, which may adjudge such person to be a ward
of the court.

(b) Any person who is alleged, when he or she was 14 years of
age or older, to have committed one of the following offenses shall
be prosecuted under the general law in a court of criminal
jurisdiction:

(1) Murder, as described in Section 187 of the Penal Code, if
one of the circumstances enumerated in subdivision (a) of Section
190.2 of the Penal Code is alleged by the prosecutor, and the
prosecutor alleges that the minor personally killed the victim.

(2) The following sex offenses, if the prosecutor alleges that
the minor personally committed the offense, and if the prosecutor
alleges one of the circumstances enumerated in the One Strike
law, subdivision (d) or (e) of Section 667.61 of the Penal Code,
applies:

(A) Rape, as described in paragraph (2) of subdivision (a) of
Section 261 of the Penal Code.

(B) Spousal rape, as described in paragraph (1) of subdivision
(a) of Section 262 of the Penal Code.

(C) Forcible sex offenses in concert with another, as described
in Section 264.1 of the Penal Code.

(D) Forcible lewd and lascivious acts on a child under 14 years
of age, as described in subdivision (b) of Section 288 of the Penal
Code.

(E) Forcible sexual penetration, as described in subdivision (a)
of Section 289 of the Penal Code.

(F) Sodomy or oral copulation in violation of Section 286 or
288a of the Penal Code, by force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the victim or another
person.

(G) Lewd and lascivious acts on a child under 14 years of age,
as defined in subdivision (a) of Section 288, unless the defendant
qualifies for probation under subdivision (d) of Section 1203.066
of the Penal Code.

(c) A minor who violates subdivision (b) of Section 647 of the
Penal Code or Section 653.22 of the Penal Code is not subject to
the jurisdiction of the juvenile court pursuant to this section. The
minor may be adjudged a dependent child of the court on the
grounds that he or she is a person described by Section 300.

end delete