Amended in Senate April 20, 2015

Senate BillNo. 382


Introduced by Senator Lara

February 24, 2015


An act to amend Sectionbegin delete 654.1end deletebegin insert 1170.17end insert of the Penal Code,begin insert and to amend Section 707 of the Welfare and Institutions Code,end insert relating to begin deletecrimes.end deletebegin insert juveniles.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 382, as amended, Lara. begin deleteCrimes: uncertified highway carriers of persons. end deletebegin insertJuveniles: jurisdiction: sentencing.end insert

begin insert

Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law.

end insert
begin insert

This bill would enumerate, within each of those 5 criteria, certain factors that may be considered.

end insert
begin insert

Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the person’s age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, 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 5 specified criteria.

end insert
begin insert

This bill would enumerate, within each of the 5 criteria, certain factors that may be considered.

end insert
begin delete

Existing law makes it a crime for a person, individually or in specified capacities, to sell, offer for sale, or to advertise himself or herself as one who sells or offers for sale, transportation on an individual fare basis on public highways, unless the transportation is provided by a carrier that is properly certified or permitted, as specified.

end delete
begin delete

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

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1170.17 of the end insertbegin insertPenal Codeend insertbegin insert is amended
2to read:end insert

3

1170.17.  

(a) When a person is prosecuted for a criminal offense
4committed while he or she was underbegin delete the age ofend delete 18 yearsbegin insert of ageend insert
5 and the prosecutionbegin delete isend deletebegin insert wasend insert lawfully initiated in a court of criminal
6jurisdiction without a prior finding that the person is not a fit and
7proper subject to be dealt with under the juvenile court law, upon
8subsequent conviction for any criminal offense, the person shall
9be subject to the same sentence as an adult convicted of the
10identical offense, in accordance withbegin delete the provisions set forth inend delete
11 subdivision (a) of Section 1170.19, except under the circumstances
12described in subdivisionbegin delete (b) or (c).end deletebegin insert (b), (c), or (d).end insert

13(b) Where the conviction is for the type of offense which, in
14combination with the person’s age at the time the offense was
15committed, makes the person eligible for transfer to a court of
16criminal jurisdiction, pursuant to a rebuttable presumption that the
17person is not a fit and proper subject to be dealt with under the
18juvenile court law, and the prosecution for the offense could not
19lawfully be initiated in a court of criminal jurisdiction, then either
20of the following shall apply:

21(1) The person shall be subject to the same sentence as an adult
22convicted of the identical offense in accordance with the provisions
P3    1set forth in subdivision (a) of Section 1170.19, unless the person
2prevails upon a motion brought pursuant to paragraph (2).

3(2) Upon a motion brought by the person, the court shall order
4the probation department to prepare a written social study and
5recommendation concerning the person’s fitness to be dealt with
6under the juvenile court law and the court shall either conduct a
7fitness hearing or suspend proceedings and remand the matter to
8the juvenile court to prepare a social study and make a
9determination of fitness. The person shall receive a disposition
10under the juvenile court law only if the person demonstrates, by a
11preponderance of the evidence, that he or she is a fit and proper
12subject to be dealt with under the juvenile court law, based upon
13each of the following five criteria:

14(A) The degree of criminal sophistication exhibited by the
15person.begin insert This may include, but is not limited to, consideration of
16the person’s age, maturity, intellectual capacity, and physical,
17mental, and emotional health at the time of the offense, the person’s
18impetuosity or failure to appreciate risks and consequences of
19criminal behavior, the effect of familial, adult, or peer pressure
20on the person’s actions, and the effect of the person’s family and
21community environment and childhood trauma on the person’s
22criminal sophistication.end insert

23(B) Whether the person can be rehabilitated prior to the
24expiration of the juvenile court’s jurisdiction.begin insert This may include,
25but is not limited to, consideration of the person’s potential to
26grow and mature, and the person’s growth and maturation since
27the time that he or she committed the criminal offense.end insert

28(C) The person’s previous delinquent history.begin insert This may include,
29but is not limited to, consideration of the seriousness of the
30person’s previous delinquent history and the effect of the person’s
31family and community environment and childhood trauma on the
32person’s previous delinquent behavior.end insert

33(D) Success of previous attempts by the juvenile court to
34rehabilitate the person.begin insert This may include, but is not limited to, an
35analysis of the adequacy of the services previously provided to
36address the person’s needs.end insert

37(E) The circumstances and gravity of the offense for which the
38person has been convicted.begin insert This may include, but is not limited to,
39consideration of the actual behavior of the person, the mental state
40of the person, the person’s degree of involvement in the crime, the
P4    1level of harm actually caused by the person, and the person’s
2mental and emotional development.end insert

3If the court conducting the fitness hearing finds that the person
4is not a fit and proper subject for juvenile court jurisdiction, then
5the person shall be sentenced by the court where he or she was
6convicted, in accordance withbegin delete the provisions ofend delete paragraph (1). If
7the court conducting the hearing on fitness finds that the person
8is a fit and proper subject for juvenile court jurisdiction, then the
9person shall be subject to a disposition in accordance withbegin delete the
10provisions ofend delete
subdivision (b) of Section 1170.19.

11(c) Where the conviction is for the type of offense which, in
12combination with the person’s age at the time the offense was
13committed, makes the person eligible for transfer to a court of
14criminal jurisdiction, pursuant to a rebuttable presumption that the
15person is a fit and proper subject to be dealt with under the juvenile
16court law, then the person shall be sentenced as follows:

17(1) The person shall be subject to a disposition under the juvenile
18court law, in accordance with the provisions of subdivision (b) of
19Section 1170.19, unless the district attorney prevails upon a motion,
20as described in paragraph (2).

21(2) Upon a motion brought by the district attorney, the court
22shall order the probation department to prepare a written social
23study and recommendation concerning whether the person is a fit
24and proper subject to be dealt with under the juvenile court law.
25The court shall either conduct a fitness hearing or suspend
26proceedings and remand the matter to the juvenile court for a
27determination of fitness. The person shall be subject to a juvenile
28disposition under the juvenile court law unless the district attorney
29demonstrates, by a preponderance of the evidence, that the person
30is not a fit and proper subject to be dealt with under the juvenile
31court law, based upon the five criteria set forth in paragraph (2)
32of subdivision (b). If the person is found to be not a fit and proper
33subject to be dealt with under the juvenile court law, then the
34person shall be sentenced in the court where he or she was
35convicted, in accordance with the provisions set forth in subdivision
36(a) of Section 1170.19. If the person is found to be a fit and proper
37subject to be dealt with under the juvenile court law, the person
38shall be subject to a disposition, in accordance with the provisions
39of subdivision (b) of Section 1170.19.

P5    1(d) Where the conviction is for the type of offense which, in
2combination with the person’s age, does not make the person
3eligible for transfer to a court of criminal jurisdiction, the person
4shall be subject to a disposition in accordance with the provisions
5of subdivision (b) of Section 1170.19.

6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 707 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
7amended to read:end insert

8

707.  

(a) (1) In any case in which a minor is alleged to be a
9person described in subdivision (a) of Section 602 by reason of
10the violation, when he or she was 16 years of age or older, of any
11criminal statute or ordinance except those listed in subdivision (b),
12upon motion of the petitioner made prior to the attachment of
13jeopardy the court shall cause the probation officer to investigate
14and submit a report on the behavioral patterns and social history
15of the minor being considered for a determination of unfitness.
16Following submission and consideration of the report, and of any
17other relevant evidence that the petitioner or the minor may wish
18to submit, the juvenile court may find that the minor is not a fit
19and proper subject to be dealt with under the juvenile court law if
20it concludes that the minor would not be amenable to the care,
21treatment, and training program available through the facilities of
22the juvenile court, based upon an evaluation of thebegin delete following
23criteria:end delete
begin insert criteria specified in clause (i) of each subparagraph (A)
24to (E), inclusive:end insert

25(A) begin insert(i)end insertbegin insertend insertThe degree of criminal sophistication exhibited by the
26minor.

begin insert

27(ii) When evaluating the criterion specified in clause (i), the
28juvenile court may consider any relevant factor, including, but not
29limited to, the minor’s age, maturity, intellectual capacity, and
30physical, mental, and emotional health at the time of the alleged
31offense, the minor’s impetuosity or failure to appreciate risks and
32consequences of criminal behavior, the effect of familial, adult, or
33peer pressure on the minor’s actions, and the effect of the minor’s
34family and community environment and childhood trauma on the
35minor’s criminal sophistication.

end insert

36(B) begin insert(i)end insertbegin insertend insertWhether the minor can be rehabilitated prior to the
37expiration of the juvenile court’s jurisdiction.

begin insert

38(ii) When evaluating the criterion specified in clause (i), the
39juvenile court may consider any relevant factor, including, but not
40limited to, the minor’s potential to grow and mature.

end insert

P6    1(C) begin insert(i)end insertbegin insertend insertThe minor’s previous delinquent history.

begin insert

2(ii) When evaluating the criterion specified in clause (i), the
3juvenile court may consider any relevant factor, including, but not
4limited to, the seriousness of the minor’s previous delinquent
5history and the effect of the minor’s family and community
6environment and childhood trauma on the minor’s previous
7delinquent behavior.

end insert

8(D) begin insert(i)end insertbegin insertend insertSuccess of previous attempts by the juvenile court to
9rehabilitate the minor.

begin insert

10(ii) When evaluating the criterion specified in clause (i), the
11juvenile court may consider any relevant factor, including, but not
12limited to, the adequacy of the services previously provided to
13address the minor’s needs.

end insert

14(E) begin insert(i)end insertbegin insertend insertThe circumstances and gravity of the offense alleged in
15the petition to have been committed by the minor.

begin insert

16(ii) When evaluating the criterion specified in clause (i), the
17juvenile court may consider any relevant factor, including, but not
18limited to, the level of harm actually caused by the minor, and the
19minor’s mental and emotional development.

end insert

20A determination that the minor is not a fit and proper subject to
21be dealt with under the juvenile court law may be based on any
22one or a combination of the factors set forthbegin delete above,end deletebegin insert in clause (i)
23of each subparagraph (A) to (E), inclusive,end insert
which shall be recited
24in the order of unfitness. In any case in which a hearing has been
25noticed pursuant to this section, the court shall postpone the taking
26of a plea to the petition until the conclusion of the fitness hearing,
27and no plea that may have been entered already shall constitute
28evidence at the hearing.

29(2) (A) This paragraph shall apply to a minor alleged to be a
30person described in Section 602 by reason of the violation, when
31he or she has attained 16 years of age, of any felony offense when
32the minor has been declared to be a ward of the court pursuant to
33Section 602 on one or more prior occasions if both of the following
34apply:

35(i) The minor has previously been found to have committed two
36or more felony offenses.

37(ii) The offenses upon which the prior petition or petitions were
38based were committed when the minor had attained 14 years of
39age.

P7    1(B) Upon motion of the petitioner made prior to the attachment
2 of jeopardy the court shall cause the probation officer to investigate
3and submit a report on the behavioral patterns and social history
4of the minor being considered for a determination of unfitness.
5Following submission and consideration of the report, and of any
6other relevant evidence that the petitioner or the minor may wish
7to submit, the minor shall be presumed to be not a fit and proper
8subject to be dealt with under the juvenile court law unless the
9juvenile court concludes, based upon evidence, which evidence
10may be of extenuating or mitigating circumstances, that the minor
11would be amenable to the care, treatment, and training program
12available through the facilities of the juvenile court based upon an
13evaluation of thebegin delete following criteria:end deletebegin insert criteria specified in subclause
14(I) of each clause (i) to (v), inclusive:end insert

15(i) begin insert(I)end insertbegin insertend insertThe degree of criminal sophistication exhibited by the
16minor.

begin insert

17(II) When evaluating the criterion specified in subclause (I),
18the juvenile court may consider any relevant factor, including, but
19not limited to, the minor’s age, maturity, intellectual capacity, and
20physical, mental, and emotional health at the time of the alleged
21offense, the minor’s impetuosity or failure to appreciate risks and
22consequences of criminal behavior, the effect of familial, adult, or
23peer pressure on the minor’s actions, and the effect of the minor’s
24family and community environment and childhood trauma on the
25minor’s criminal sophistication.

end insert

26(ii) begin insert(I)end insertbegin insertend insertWhether the minor can be rehabilitated prior to the
27expiration of the juvenile court’s jurisdiction.

begin insert

28(II) When evaluating the criterion specified in subclause (I),
29the juvenile court may consider any relevant factor, including, but
30not limited to, the minor’s potential to grow and mature.

end insert

31(iii) begin insert(I)end insertbegin insertend insertThe minor’s previous delinquent history.

begin insert

32(II) When evaluating the criterion specified in subclause (I),
33the juvenile court may consider any relevant factor, including, but
34not limited to, the seriousness of the minor’s previous delinquent
35history and the effect of the minor’s family and community
36environment and childhood trauma on the minor’s previous
37delinquent behavior.

end insert

38(iv) begin insert(I)end insertbegin insertend insertSuccess of previous attempts by the juvenile court to
39rehabilitate the minor.

begin insert

P8    1(II) When evaluating the criterion specified in subclause (I),
2the juvenile court may consider any relevant factor, including, but
3not limited to, the adequacy of the services previously provided to
4address the minor’s needs.

end insert

5(v) begin insert(I)end insertbegin insertend insertThe circumstances and gravity of the offense alleged in
6the petition to have been committed by the minor.

begin insert

7(II) When evaluating the criterion specified in subclause (I),
8the juvenile court may consider any relevant factor, including, but
9not limited to, the level of harm actually caused by the minor, and
10the minor’s mental and emotional development.

end insert

11A determination that the minor is a fit and proper subject to be
12dealt with under the juvenile court law shall be based on a finding
13of amenability after consideration of the criteria set forthbegin delete above,end delete
14begin insert in subclause (I) of each clause (i) to (v), inclusive,end insert and findings
15therefore recited in the order as to each ofbegin delete the aboveend deletebegin insert thoseend insert criteria
16that the minor is fit and proper under each and every one ofbegin delete the
17aboveend delete
begin insert thoseend insert criteria. In making a finding of fitness, the court may
18consider extenuating and mitigating circumstances in evaluating
19each ofbegin delete the aboveend deletebegin insert thoseend insert criteria. In any case in which the hearing
20has been noticed pursuant to this section, the court shall postpone
21the taking of a plea to the petition until the conclusion of the fitness
22hearing and no pleabegin delete whichend deletebegin insert thatend insert may have been entered already
23shall constitute evidence at the hearing. If the minor is found to
24be a fit and proper subject to be dealt with under the juvenile court
25law pursuant to this subdivision, the minor shall be committed to
26placement in a juvenile hall, ranch camp, forestry camp, boot camp,
27or secure juvenile home pursuant to Section 730, or in any
28institution operated by the Department of Corrections and
29Rehabilitation, Division of Juvenile Facilities.

30(3) If, pursuant to this subdivision, the minor is found to be not
31a fit and proper subject for juvenile court treatment and is tried in
32a court of criminal jurisdiction and found guilty by the trier of fact,
33the judge may commit the minor to the Department of Corrections
34and Rehabilitation, Division of Juvenile Facilities, in lieu of
35sentencing the minor to the state prison, unless the limitations
36specified in Section 1732.6 apply.

37(b) Subdivision (c) shall be applicable in any case in which a
38minor is alleged to be a person described in Section 602 by reason
39of the violation of one of the following offenses:

40(1) Murder.

P9    1(2) Arson, as provided in subdivision (a) or (b) of Section 451
2of the Penal Code.

3(3) Robbery.

4(4) Rape with force, violence, or threat of great bodily harm.

5(5) Sodomy by force, violence, duress, menace, or threat of
6great bodily harm.

7(6) A lewd or lascivious act as provided in subdivision (b) of
8Section 288 of the Penal Code.

9(7) Oral copulation by force, violence, duress, menace, or threat
10of great bodily harm.

11(8) An offense specified in subdivision (a) of Section 289 of
12the Penal Code.

13(9) Kidnapping for ransom.

14(10) Kidnapping for purposes of robbery.

15(11) Kidnapping with bodily harm.

16(12) Attempted murder.

17(13) Assault with a firearm or destructive device.

18(14) Assault by any means of force likely to produce great bodily
19injury.

20(15) Discharge of a firearm into an inhabited or occupied
21building.

22(16) An offense described in Section 1203.09 of the Penal Code.

23(17) An offense described in Section 12022.5 or 12022.53 of
24the Penal Code.

25(18) A felony offense in which the minor personally used a
26weapon described in any provision listed in Section 16590 of the
27Penal Code.

28(19) A felony offense described in Section 136.1 or 137 of the
29Penal Code.

30(20) Manufacturing, compounding, or selling one-half ounce
31or more of a salt or solution of a controlled substance specified in
32subdivision (e) of Section 11055 of the Health and Safety Code.

33(21) A violent felony, as defined in subdivision (c) of Section
34667.5 of the Penal Code, which also would constitute a felony
35violation of subdivision (b) of Section 186.22 of the Penal Code.

36(22) Escape, by the use of force or violence, from a county
37juvenile hall, home, ranch, camp, or forestry camp in violation of
38subdivision (b) of Section 871 if great bodily injury is intentionally
39inflicted upon an employee of the juvenile facility during the
40commission of the escape.

P10   1(23) Torture as described in Sections 206 and 206.1 of the Penal
2Code.

3(24) Aggravated mayhem, as described in Section 205 of the
4Penal Code.

5(25) Carjacking, as described in Section 215 of the Penal Code,
6while armed with a dangerous or deadly weapon.

7(26) Kidnapping for purposes of sexual assault, as punishable
8in subdivision (b) of Section 209 of the Penal Code.

9(27) Kidnapping as punishable in Section 209.5 of the Penal
10Code.

11(28) The offense described in subdivision (c) of Section 26100
12of the Penal Code.

13(29) The offense described in Section 18745 of the Penal Code.

14(30) Voluntary manslaughter, as described in subdivision (a)
15of Section 192 of the Penal Code.

16(c) With regard to a minor alleged to be a person described in
17Section 602 by reason of the violation, when he or she was 14
18years of age or older, of any of the offenses listed in subdivision
19(b), upon motion of the petitioner made prior to the attachment of
20jeopardy the court shall cause the probation officer to investigate
21and submit a report on the behavioral patterns and social history
22of the minor being considered for a determination of unfitness.
23Following submission and consideration of the report, and of any
24other relevant evidence that the petitioner or the minor may wish
25to submit, the minor shall be presumed to be not a fit and proper
26subject to be dealt with under the juvenile court law unless the
27juvenile court concludes, based upon evidence, which evidence
28may be of extenuating or mitigating circumstances, that the minor
29would be amenable to the care, treatment, and training program
30available through the facilities of the juvenile court based upon an
31evaluation of each of thebegin delete following criteria:end deletebegin insert criteria specified in
32subparagraph (A) of each paragraph (1) to (5), inclusive:end insert

33(1) begin insert(A)end insertbegin insertend insertThe degree of criminal sophistication exhibited by the
34minor.

begin insert

35(B) When evaluating the criterion specified in subparagraph
36(A), the juvenile court may consider any relevant factor, including,
37but not limited to, the minor’s age, maturity, intellectual capacity,
38and physical, mental, and emotional health at the time of the
39alleged offense, the minor’s impetuosity or failure to appreciate
40risks and consequences of criminal behavior, the effect of familial,
P11   1adult, or peer pressure on the minor’s actions, and the effect of
2the minor’s family and community environment and childhood
3trauma on the minor’s criminal sophistication.

end insert

4(2) begin insert(A)end insertbegin insertend insertWhether the minor can be rehabilitated prior to the
5expiration of the juvenile court’s jurisdiction.

begin insert

6(B) When evaluating the criterion specified in subparagraph
7(A), the juvenile court may consider any relevant factor, including,
8but not limited to, the minor’s potential to grow and mature.

end insert

9(3) begin insert(A)end insertbegin insertend insertThe minor’s previous delinquent history.

begin insert

10(B) When evaluating the criterion specified in subparagraph
11(A), the juvenile court may consider any relevant factor, including,
12but not limited to, the seriousness of the minor’s previous
13delinquent history and the effect of the minor’s family and
14community environment and childhood trauma on the minor’s
15previous delinquent behavior.

end insert

16(4) begin insert(A)end insertbegin insertend insertSuccess of previous attempts by the juvenile court to
17rehabilitate the minor.

begin insert

18(B) When evaluating the criterion specified in subparagraph
19(A), the juvenile court may consider any relevant factor, including,
20but not limited to, the adequacy of the services previously provided
21to address the minor’s needs.

end insert

22(5) begin insert(A)end insertbegin insertend insertThe circumstances and gravity of the offenses alleged
23in the petition to have been committed by the minor.

begin insert

24(B) When evaluating the criterion specified in subparagraph
25(A), the juvenile court may consider any relevant factor, including,
26but not limited to, the level of harm actually caused by the minor,
27and the minor’s mental and emotional development.

end insert

28A determination that the minor is a fit and proper subject to be
29dealt with under the juvenile court law shall be based on a finding
30of amenability after consideration of the criteria set forthbegin delete above,end delete
31begin insert in subparagraph (A) of each paragraph (1) to (5), inclusive,end insert and
32findings therefore recited in the order as to each ofbegin delete the aboveend deletebegin insert thoseend insert
33 criteria that the minor is fit and proper under each and every one
34ofbegin delete the aboveend deletebegin insert thoseend insert criteria. In making a finding of fitness, the court
35may consider extenuating or mitigating circumstances in evaluating
36each ofbegin delete the aboveend deletebegin insert thoseend insert criteria. In any case in which a hearing
37has been noticed pursuant to this section, the court shall postpone
38the taking of a plea to the petition until the conclusion of the fitness
39hearing and no plea which may have been entered already shall
40constitute evidence at the hearing. If, pursuant to this subdivision,
P12   1the minor is found to be not a fit and proper subject for juvenile
2court treatment and is tried in a court of criminal jurisdiction and
3found guilty by the trier of fact, the judge may commit the minor
4to the Department of Corrections and Rehabilitation, Division of
5Juvenile Facilities, in lieu of sentencing the minor to the state
6prison, unless the limitations specified in Section 1732.6 apply.

7(d) (1) Except as provided in subdivision (b) of Section 602,
8the district attorney or other appropriate prosecuting officer may
9file an accusatory pleading in a court of criminal jurisdiction
10against any minor 16 years of age or older who is accused of
11committing an offense enumerated in subdivision (b).

12(2) Except as provided in subdivision (b) of Section 602, the
13district attorney or other appropriate prosecuting officer may file
14an accusatory pleading against a minor 14 years of age or older in
15a court of criminal jurisdiction in any case in which any one or
16more of the following circumstances apply:

17(A) The minor is alleged to have committed an offense that if
18committed by an adult would be punishable by death or
19imprisonment in the state prison for life.

20(B) The minor is alleged to have personally used a firearm
21during the commission or attempted commission of a felony, as
22described in Section 12022.5 or 12022.53 of the Penal Code.

23(C) The minor is alleged to have committed an offense listed
24in subdivision (b) in which any one or more of the following
25circumstances apply:

26(i) The minor has previously been found to be a person described
27in Section 602 by reason of the commission of an offense listed
28in subdivision (b).

29(ii) The offense was committed for the benefit of, at the direction
30of, or in association with any criminal street gang, as defined in
31subdivision (f) of Section 186.22 of the Penal Code, with the
32specific intent to promote, further, or assist in criminal conduct by
33gang members.

34(iii) The offense was committed for the purpose of intimidating
35or interfering with any other person’s free exercise or enjoyment
36of a right secured to him or her by the Constitution or laws of this
37state or by the Constitution or laws of the United States and because
38of the other person’s race, color, religion, ancestry, national origin,
39disability, gender, or sexual orientation, or because the minor
40perceives that the other person has one or more of those
P13   1characteristics, as described in Title 11.6 (commencing with
2Section 422.55) of Part 1 of the Penal Code.

3(iv) The victim of the offense was 65 years of age or older, or
4blind, deaf, quadriplegic, paraplegic, developmentally disabled,
5or confined to a wheelchair, and that disability was known or
6reasonably should have been known to the minor at the time of
7the commission of the offense.

8(3) Except as provided in subdivision (b) of Section 602, the
9district attorney or other appropriate prosecuting officer may file
10an accusatory pleading in a court of criminal jurisdiction against
11any minor 16 years of age or older who is accused of committing
12one or more of the following offenses, if the minor has previously
13been found to be a person described in Section 602 by reason of
14the violation of a felony offense, when he or she was 14 years of
15age or older:

16(A) A felony offense in which it is alleged that the victim of the
17offense was 65 years of age or older, or blind, deaf, quadriplegic,
18paraplegic, developmentally disabled, or confined to a wheelchair,
19and that disability was known or reasonably should have been
20known to the minor at the time of the commission of the offense.

21(B) A felony offense committed for the purposes of intimidating
22or interfering with any other person’s free exercise or enjoyment
23of a right secured to him or her by the Constitution or laws of this
24state or by the Constitution or laws of the United States and because
25of the other person’s race, color, religion, ancestry, national origin,
26disability, gender, or sexual orientation, or because the minor
27perceived that the other person had one or more of those
28characteristics, as described in Title 11.6 (commencing with
29Section 422.55) of Part 1 of the Penal Code.

30(C) The offense was committed for the benefit of, at the direction
31of, or in association with any criminal street gang as prohibited by
32Section 186.22 of the Penal Code.

33(4) In any case in which the district attorney or other appropriate
34prosecuting officer has filed an accusatory pleading against a minor
35in a court of criminal jurisdiction pursuant to this subdivision, the
36case shall then proceed according to the laws applicable to a
37criminal case. In conjunction with the preliminary hearing as
38provided in Section 738 of the Penal Code, the magistrate shall
39make a finding that reasonable cause exists to believe that the
40minor comes within this subdivision. If reasonable cause is not
P14   1established, the criminal court shall transfer the case to the juvenile
2court having jurisdiction over the matter.

3(5) For an offense for which the prosecutor may file the
4accusatory pleading in a court of criminal jurisdiction pursuant to
5this subdivision, but elects instead to file a petition in the juvenile
6court, if the minor is subsequently found to be a person described
7in subdivision (a) of Section 602, the minor shall be committed to
8placement in a juvenile hall, ranch camp, forestry camp, boot camp,
9or secure juvenile home pursuant to Section 730, or in any
10institution operated by the Department of Corrections and
11Rehabilitation, Division of Juvenile Facilities.

12(6) If, pursuant to this subdivision, the minor is found to be not
13a fit and proper subject for juvenile court treatment and is tried in
14a court of criminal jurisdiction and found guilty by the trier of fact,
15the judge may commit the minor to the Department of Corrections
16and Rehabilitation, Division of Juvenile Facilities, in lieu of
17sentencing the minor to the state prison, unless the limitations
18specified in Section 1732.6 apply.

19(e) A report submitted by a probation officer pursuant to this
20section regarding the behavioral patterns and social history of the
21minor being considered for a determination of unfitness shall
22include any written or oral statement offered by the victim, the
23victim’s parent or guardian if the victim is a minor, or if the victim
24has died, the victim’s next of kin, as authorized by subdivision (b)
25of Section 656.2. Victims’ statements shall be considered by the
26court to the extent they are relevant to the court’s determination
27of unfitness.

begin delete
28

SECTION 1.  

Section 654.1 of the Penal Code is amended to
29read:

30

654.1.  

It shall be unlawful for any person, acting individually
31or as an officer or employee of a corporation, or as a member of
32a copartnership or as a commission agent or employee of another
33person, firm or corporation, to sell or offer for sale or, to negotiate,
34provide or arrange for, or to advertise or hold himself or herself
35out as one who sells or offers for sale or negotiates, provides or
36arranges for transportation of a person or persons on an individual
37fare basis over the public highways of the State of California unless
38that transportation is to be furnished or provided solely by, and
39that sale is authorized by, a carrier having a valid and existing
40certificate of convenience and necessity, or other valid and existing
P15   1permit from the Public Utilities Commission of the State of
2California, or from the Interstate Commerce Commission of the
3United States, authorizing the holder of the certificate or permit
4to provide that transportation.

end delete


O

    98