BILL NUMBER: AB 2723	INTRODUCED
	BILL TEXT


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  crime  crime,  other
than an ordinance establishing a curfew based solely on age, is
within the jurisdiction of the juvenile court, which may adjudge
 such   that 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   and alleges that  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.