California Legislature—2015–16 Regular Session

Assembly Bill No. 2723

Introduced by Assembly Member Chávez

February 19, 2016

An act to amend Section 602 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2723, as introduced, Chávez. Juveniles: wards.

The Arnold-Kennick Juvenile Court Law provides that any person who is under 18 years of age when he or she violates any criminal law while in this state, except an age curfew ordinance or any other specified offense, comes within the jurisdiction of the juvenile court, which may adjudge the person a ward of the court.

This bill would make technical, nonsubstantive changes to that provision.

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

602.  

(a) Except as provided in subdivision (b), 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 begin delete crime end delete begin insert crime, end insert other than an ordinance
establishing a curfew based solely on age, is within the jurisdiction
of the juvenile court, which may adjudge begin delete such end delete begin insert that end insert 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 begin delete , and if the prosecutor
alleges end delete begin insert and alleges that end insert one of the circumstances enumerated in
begin delete the One Strike law, end delete subdivision (d) or (e) of Section 667.61 of the
Penal Code begin delete , end delete 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.