Amended in Assembly June 15, 2015

Amended in Senate May 19, 2015

Amended in Senate April 20, 2015

Senate BillNo. 382


Introduced by Senator Lara

(Coauthor: Senator Leno)

February 24, 2015


An act to amend Section 1170.17 of the Penal Code, and to amend Section 707 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 382, as amended, Lara. Juveniles: jurisdiction: sentencing.

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.

This bill would enumerate, within each of those 5 criteria, certain factors that may bebegin delete considered.end deletebegin insert given weight.end 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.

This bill would enumerate, within each of the 5 criteria, certain factors that may bebegin delete considered.end deletebegin insert given weight.end insert

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

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

P2    1

SECTION 1.  

Section 1170.17 of the Penal Code is amended
2to read:

3

1170.17.  

(a) When a person is prosecuted for a criminal offense
4committed while he or she was under 18 years of age and the
5prosecution was lawfully initiated in a court of criminal jurisdiction
6without a prior finding that the person is not a fit and proper subject
7to be dealt with under the juvenile court law, upon subsequent
8conviction for any criminal offense, the person shall be subject to
9the same sentence as an adult convicted of the identical offense,
10in accordance with subdivision (a) of Section 1170.19, except
11under the circumstances described in subdivision (b), (c), or (d).

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

20(1) The person shall be subject to the same sentence as an adult
21convicted of the identical offense in accordance with the provisions
22set forth in subdivision (a) of Section 1170.19, unless the person
23prevails upon a motion brought pursuant to paragraph (2).

24(2) Upon a motion brought by the person, the court shall order
25the probation department to prepare a written social study and
26recommendation concerning the person’s fitness to be dealt with
27under the juvenile court law and the court shall either conduct a
P3    1fitness hearing or suspend proceedings and remand the matter to
2the juvenile court to prepare a social study and make a
3determination of fitness. The person shall receive a disposition
4under the juvenile court law only if the person demonstrates, by a
5preponderance of the evidence, that he or she is a fit and proper
6subject to be dealt with under the juvenile court law, based upon
7each of the following five criteria:

8(A) The degree of criminal sophistication exhibited by the
9person. This may include, but is not limited to,begin delete consideration ofend delete
10begin insert giving weight toend insert the person’s age, maturity, intellectual capacity,
11and physical, mental, and emotional health at the time of the
12offense, the person’s impetuosity or failure to appreciate risks and
13consequences of criminal behavior, the effect of familial, adult,
14or peer pressure on the person’s actions, and the effect of the
15person’s family and community environment and childhood trauma
16on the person’s criminal sophistication.

17(B) Whether the person can be rehabilitated prior to the
18expiration of the juvenile court’s jurisdiction. This may include,
19but is not limited to,begin delete consideration ofend deletebegin insert giving weight toend insert the person’s
20potential to grow and mature, and the person’s growth and
21maturation since the time that he or she committed the criminal
22offense.

23(C) The person’s previous delinquent history. This may include,
24but is not limited to,begin delete consideration ofend deletebegin insert giving weight toend insert the
25seriousness of the person’s previous delinquent history and the
26effect of the person’s family and community environment and
27childhood trauma on the person’s previous delinquent behavior.

28(D) Success of previous attempts by the juvenile court to
29rehabilitate the person. This may include, but is not limited to,
30begin insert giving weight toend insert an analysis of the adequacy of the services
31previously provided to address the person’s needs.

32(E) The circumstances and gravity of the offense for which the
33person has been convicted. This may include, but is not limited
34to,begin delete consideration ofend deletebegin insert end insertbegin insertgiving weight toend insert the actual behavior of the
35person, the mental state of the person, the person’s degree of
36involvement in the crime, the level of harm actually caused by the
37person, and the person’s mental and emotional development.

38If the court conducting the fitness hearing finds that the person
39is not a fit and proper subject for juvenile court jurisdiction, then
40the person shall be sentenced by the court where he or she was
P4    1convicted, in accordance with paragraph (1). If the court conducting
2the hearing on fitness finds that the person is a fit and proper
3subject for juvenile court jurisdiction, then the person shall be
4subject to a disposition in accordance with subdivision (b) of
5Section 1170.19.

6(c) Where the conviction is for the type of offense which, in
7combination with the person’s age at the time the offense was
8committed, makes the person eligible for transfer to a court of
9criminal jurisdiction, pursuant to a rebuttable presumption that the
10person is a fit and proper subject to be dealt with under the juvenile
11court law, then the person shall be sentenced as follows:

12(1) The person shall be subject to a disposition under the juvenile
13court law, in accordance with the provisions of subdivision (b) of
14Section 1170.19, unless the district attorney prevails upon a motion,
15as described in paragraph (2).

16(2) Upon a motion brought by the district attorney, the court
17shall order the probation department to prepare a written social
18study and recommendation concerning whether the person is a fit
19and proper subject to be dealt with under the juvenile court law.
20The court shall either conduct a fitness hearing or suspend
21proceedings and remand the matter to the juvenile court for a
22determination of fitness. The person shall be subject to a juvenile
23disposition under the juvenile court law unless the district attorney
24demonstrates, by a preponderance of the evidence, that the person
25is not a fit and proper subject to be dealt with under the juvenile
26court law, based upon the five criteria set forth in paragraph (2)
27of subdivision (b). If the person is found to be not a fit and proper
28subject to be dealt with under the juvenile court law, then the
29person shall be sentenced in the court where he or she was
30convicted, in accordance with the provisions set forth in subdivision
31(a) of Section 1170.19. If the person is found to be a fit and proper
32subject to be dealt with under the juvenile court law, the person
33shall be subject to a disposition, in accordance with the provisions
34of subdivision (b) of Section 1170.19.

35(d) Where the conviction is for the type of offense which, in
36combination with the person’s age, does not make the person
37eligible for transfer to a court of criminal jurisdiction, the person
38shall be subject to a disposition in accordance with the provisions
39of subdivision (b) of Section 1170.19.

P5    1

SEC. 2.  

Section 707 of the Welfare and Institutions Code is
2amended to read:

3

707.  

(a) (1) In any case in which a minor is alleged to be a
4person described in subdivision (a) of Section 602 by reason of
5the violation, when he or she was 16 years of age or older, of any
6criminal statute or ordinance except those listed in subdivision (b),
7upon motion of the petitioner made prior to the attachment of
8jeopardy the court shall cause the probation officer to investigate
9and submit a report on the behavioral patterns and social history
10of the minor being considered for a determination of unfitness.
11Following submission and consideration of the report, and of any
12other relevant evidence that the petitioner or the minor may wish
13to submit, the juvenile court may find that the minor is not a fit
14and proper subject to be dealt with under the juvenile court law if
15it concludes that the minor would not be amenable to the care,
16treatment, and training program available through the facilities of
17the juvenile court, based upon an evaluation of the criteria specified
18in clause (i) of subparagraphs (A) to (E), inclusive:

19(A) (i) The degree of criminal sophistication exhibited by the
20minor.

21(ii) When evaluating the criterion specified in clause (i), the
22juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
23including, but not limited to, the minor’s age, maturity, intellectual
24capacity, and physical, mental, and emotional health at the time
25of the alleged offense, the minor’s impetuosity or failure to
26appreciate risks and consequences of criminal behavior, the effect
27of familial, adult, or peer pressure on the minor’s actions, and the
28effect of the minor’s family and community environment and
29childhood trauma on the minor’s criminal sophistication.

30(B) (i) Whether the minor can be rehabilitated prior to the
31expiration of the juvenile court’s jurisdiction.

32(ii) When evaluating the criterion specified in clause (i), the
33juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
34including, but not limited to, the minor’s potential to grow and
35mature.

36(C) (i) The minor’s previous delinquent history.

37(ii) When evaluating the criterion specified in clause (i), the
38juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
39including, but not limited to, the seriousness of the minor’s
40previous delinquent history and the effect of the minor’s family
P6    1and community environment and childhood trauma on the minor’s
2previous delinquent behavior.

3(D) (i) Success of previous attempts by the juvenile court to
4rehabilitate the minor.

5(ii) When evaluating the criterion specified in clause (i), the
6juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
7including, but not limited to, the adequacy of the services
8previously provided to address the minor’s needs.

9(E) (i) The circumstances and gravity of the offense alleged in
10the petition to have been committed by the minor.

11(ii) When evaluating the criterion specified in clause (i), the
12juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
13including, but not limited to, the level of harm actually caused by
14the minor, and the minor’s mental and emotional development.

15A determination that the minor is not a fit and proper subject to
16be dealt with under the juvenile court law may be based on any
17one or a combination of the factors set forth in clause (i) of
18subparagraphs (A) to (E), inclusive, which shall be recited in the
19order of unfitness. In any case in which a hearing has been noticed
20pursuant to this section, the court shall postpone the taking of a
21plea to the petition until the conclusion of the fitness hearing, and
22no plea that may have been entered already shall constitute
23evidence at the hearing.

24(2) (A) This paragraph shall apply to a minor alleged to be a
25person described in Section 602 by reason of the violation, when
26he or she has attained 16 years of age, of any felony offense when
27the minor has been declared to be a ward of the court pursuant to
28Section 602 on one or more prior occasions if both of the following
29apply:

30(i) The minor has previously been found to have committed two
31or more felony offenses.

32(ii) The offenses upon which the prior petition or petitions were
33based were committed when the minor had attained 14 years of
34age.

35(B) Upon motion of the petitioner made prior to the attachment
36of jeopardy the court shall cause the probation officer to investigate
37and submit a report on the behavioral patterns and social history
38of the minor being considered for a determination of unfitness.
39Following submission and consideration of the report, and of any
40other relevant evidence that the petitioner or the minor may wish
P7    1to submit, the minor shall be presumed to be not a fit and proper
2subject to be dealt with under the juvenile court law unless the
3juvenile court concludes, based upon evidence, which evidence
4may be of extenuating or mitigating circumstances, that the minor
5would be amenable to the care, treatment, and training program
6available through the facilities of the juvenile court based upon an
7evaluation of the criteria specified in subclause (I) of clauses (i)
8to (v), inclusive:

9(i) (I) The degree of criminal sophistication exhibited by the
10minor.

11(II) When evaluating the criterion specified in subclause (I), the
12juvenile court maybegin delete considerend deletebegin insert end insertbegin insertgive weight toend insert any relevant factor,
13including, but not limited to, the minor’s age, maturity, intellectual
14capacity, and physical, mental, and emotional health at the time
15of the alleged offense, the minor’s impetuosity or failure to
16appreciate risks and consequences of criminal behavior, the effect
17of familial, adult, or peer pressure on the minor’s actions, and the
18effect of the minor’s family and community environment and
19childhood trauma on the minor’s criminal sophistication.

20(ii) (I) Whether the minor can be rehabilitated prior to the
21expiration of the juvenile court’s jurisdiction.

22(II) When evaluating the criterion specified in subclause (I), the
23juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
24including, but not limited to, the minor’s potential to grow and
25mature.

26(iii) (I) The minor’s previous delinquent history.

27(II) When evaluating the criterion specified in subclause (I), the
28juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
29including, but not limited to, the seriousness of the minor’s
30previous delinquent history and the effect of the minor’s family
31and community environment and childhood trauma on the minor’s
32previous delinquent behavior.

33(iv) (I) Success of previous attempts by the juvenile court to
34rehabilitate the minor.

35(II) When evaluating the criterion specified in subclause (I), the
36juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
37including, but not limited to, the adequacy of the services
38previously provided to address the minor’s needs.

39(v) (I) The circumstances and gravity of the offense alleged in
40the petition to have been committed by the minor.

P8    1(II) When evaluating the criterion specified in subclause (I), the
2juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant factor,
3including, but not limited to, the level of harm actually caused by
4the minor, and the minor’s mental and emotional development.

5A determination that the minor is a fit and proper subject to be
6dealt with under the juvenile court law shall be based on a finding
7of amenability after consideration of the criteria set forth in
8subclause (I) of clauses (i) to (v), inclusive, and findings therefore
9recited in the order as to each of those criteria that the minor is fit
10and proper under each and every one of those criteria. In making
11a finding of fitness, the court may consider extenuating and
12mitigating circumstances in evaluating each of those criteria. In
13any case in which the hearing has been noticed pursuant to this
14section, the court shall postpone the taking of a plea to the petition
15until the conclusion of the fitness hearing and no plea that may
16have been entered already shall constitute evidence at the hearing.
17If the minor is found to be a fit and proper subject to be dealt with
18under the juvenile court law pursuant to this subdivision, the minor
19shall be committed to placement in a juvenile hall, ranch camp,
20forestry camp, boot camp, or secure juvenile home pursuant to
21Section 730, or in any institution operated by the Department of
22Corrections and Rehabilitation, Division of Juvenile Facilities.

23(3) If, pursuant to this subdivision, the minor is found to be not
24a fit and proper subject for juvenile court treatment and is tried in
25a court of criminal jurisdiction and found guilty by the trier of fact,
26the judge may commit the minor to the Department of Corrections
27and Rehabilitation, Division of Juvenile Facilities, in lieu of
28sentencing the minor to the state prison, unless the limitations
29specified in Section 1732.6 apply.

30(b) Subdivision (c) shall be applicable in any case in which a
31minor is alleged to be a person described in Section 602 by reason
32of the violation of one of the following offenses:

33(1) Murder.

34(2) Arson, as provided in subdivision (a) or (b) of Section 451
35of the Penal Code.

36(3) Robbery.

37(4) Rape with force, violence, or threat of great bodily harm.

38(5) Sodomy by force, violence, duress, menace, or threat of
39great bodily harm.

P9    1(6) A lewd or lascivious act as provided in subdivision (b) of
2Section 288 of the Penal Code.

3(7) Oral copulation by force, violence, duress, menace, or threat
4of great bodily harm.

5(8) An offense specified in subdivision (a) of Section 289 of
6the Penal Code.

7(9) Kidnapping for ransom.

8(10) Kidnapping for purposes of robbery.

9(11) Kidnapping with bodily harm.

10(12) Attempted murder.

11(13) Assault with a firearm or destructive device.

12(14) Assault by any means of force likely to produce great bodily
13injury.

14(15) Discharge of a firearm into an inhabited or occupied
15building.

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

17(17) An offense described in Section 12022.5 or 12022.53 of
18the Penal Code.

19(18) A felony offense in which the minor personally used a
20weapon described in any provision listed in Section 16590 of the
21Penal Code.

22(19) A felony offense described in Section 136.1 or 137 of the
23Penal Code.

24(20) Manufacturing, compounding, or selling one-half ounce
25or more of a salt or solution of a controlled substance specified in
26subdivision (e) of Section 11055 of the Health and Safety Code.

27(21) A violent felony, as defined in subdivision (c) of Section
28667.5 of the Penal Code, which also would constitute a felony
29violation of subdivision (b) of Section 186.22 of the Penal Code.

30(22) Escape, by the use of force or violence, from a county
31juvenile hall, home, ranch, camp, or forestry camp in violation of
32subdivision (b) of Section 871 if great bodily injury is intentionally
33inflicted upon an employee of the juvenile facility during the
34commission of the escape.

35(23) Torture as described in Sections 206 and 206.1 of the Penal
36Code.

37(24) Aggravated mayhem, as described in Section 205 of the
38Penal Code.

39(25) Carjacking, as described in Section 215 of the Penal Code,
40while armed with a dangerous or deadly weapon.

P10   1(26) Kidnapping for purposes of sexual assault, as punishable
2in subdivision (b) of Section 209 of the Penal Code.

3(27) Kidnapping as punishable in Section 209.5 of the Penal
4Code.

5(28) The offense described in subdivision (c) of Section 26100
6of the Penal Code.

7(29) The offense described in Section 18745 of the Penal Code.

8(30) Voluntary manslaughter, as described in subdivision (a)
9of Section 192 of the Penal Code.

10(c) With regard to a minor alleged to be a person described in
11Section 602 by reason of the violation, when he or she was 14
12years of age or older, of any of the offenses listed in subdivision
13(b), upon motion of the petitioner made prior to the attachment of
14jeopardy the court shall cause the probation officer to investigate
15and submit a report on the behavioral patterns and social history
16of the minor being considered for a determination of unfitness.
17Following submission and consideration of the report, and of any
18other relevant evidence that the petitioner or the minor may wish
19to submit, the minor shall be presumed to be not a fit and proper
20subject to be dealt with under the juvenile court law unless the
21juvenile court concludes, based upon evidence, which evidence
22may be of extenuating or mitigating circumstances, that the minor
23would be amenable to the care, treatment, and training program
24available through the facilities of the juvenile court based upon an
25evaluation of each of the criteria specified in subparagraph (A) of
26 paragraphs (1) to (5), inclusive:

27(1) (A) The degree of criminal sophistication exhibited by the
28minor.

29(B) When evaluating the criterion specified in subparagraph
30(A), the juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant
31factor, including, but not limited to, the minor’s age, maturity,
32intellectual capacity, and physical, mental, and emotional health
33at the time of the alleged offense, the minor’s impetuosity or failure
34to appreciate risks and consequences of criminal behavior, the
35effect of familial, adult, or peer pressure on the minor’s actions,
36and the effect of the minor’s family and community environment
37and childhood trauma on the minor’s criminal sophistication.

38(2) (A) Whether the minor can be rehabilitated prior to the
39expiration of the juvenile court’s jurisdiction.

P11   1(B) When evaluating the criterion specified in subparagraph
2(A), the juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant
3factor, including, but not limited to, the minor’s potential to grow
4and mature.

5(3) (A) The minor’s previous delinquent history.

6(B) When evaluating the criterion specified in subparagraph
7(A), the juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant
8factor, including, but not limited to, the seriousness of the minor’s
9previous delinquent history and the effect of the minor’s family
10and community environment and childhood trauma on the minor’s
11previous delinquent behavior.

12(4) (A) Success of previous attempts by the juvenile court to
13rehabilitate the minor.

14(B) When evaluating the criterion specified in subparagraph
15(A), the juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant
16factor, including, but not limited to, the adequacy of the services
17previously provided to address the minor’s needs.

18(5) (A) The circumstances and gravity of the offenses alleged
19in the petition to have been committed by the minor.

20(B) When evaluating the criterion specified in subparagraph
21(A), the juvenile court maybegin delete considerend deletebegin insert give weight toend insert any relevant
22factor, including, but not limited to, the level of harm actually
23caused by the minor, and the minor’s mental and emotional
24development.

25A determination that the minor is a fit and proper subject to be
26dealt with under the juvenile court law shall be based on a finding
27of amenability after consideration of the criteria set forth in
28subparagraph (A) of paragraphs (1) to (5), inclusive, and findings
29therefore recited in the order as to each of those criteria that the
30minor is fit and proper under each and every one of those criteria.
31In making a finding of fitness, the court may consider extenuating
32or mitigating circumstances in evaluating each of those criteria.
33In any case in which a hearing has been noticed pursuant to this
34section, the court shall postpone the taking of a plea to the petition
35until the conclusion of the fitness hearing and no plea which may
36have been entered already shall constitute evidence at the hearing.
37If, pursuant to this subdivision, the minor is found to be not a fit
38and proper subject for juvenile court treatment and is tried in a
39court of criminal jurisdiction and found guilty by the trier of fact,
40the judge may commit the minor to the Department of Corrections
P12   1and Rehabilitation, Division of Juvenile Facilities, in lieu of
2sentencing the minor to the state prison, unless the limitations
3specified in Section 1732.6 apply.

4(d) (1) Except as provided in subdivision (b) of Section 602,
5the district attorney or other appropriate prosecuting officer may
6file an accusatory pleading in a court of criminal jurisdiction
7against any minor 16 years of age or older who is accused of
8committing an offense enumerated in subdivision (b).

9(2) Except as provided in subdivision (b) of Section 602, the
10district attorney or other appropriate prosecuting officer may file
11an accusatory pleading against a minor 14 years of age or older in
12a court of criminal jurisdiction in any case in which any one or
13more of the following circumstances apply:

14(A) The minor is alleged to have committed an offense that if
15committed by an adult would be punishable by death or
16imprisonment in the state prison for life.

17(B) The minor is alleged to have personally used a firearm
18during the commission or attempted commission of a felony, as
19described in Section 12022.5 or 12022.53 of the Penal Code.

20(C) The minor is alleged to have committed an offense listed
21in subdivision (b) in which any one or more of the following
22circumstances apply:

23(i) The minor has previously been found to be a person described
24in Section 602 by reason of the commission of an offense listed
25in subdivision (b).

26(ii) The offense was committed for the benefit of, at the direction
27of, or in association with any criminal street gang, as defined in
28subdivision (f) of Section 186.22 of the Penal Code, with the
29specific intent to promote, further, or assist in criminal conduct by
30gang members.

31(iii) The offense was committed for the purpose of intimidating
32or interfering with any other person’s free exercise or enjoyment
33of a right secured to him or her by the Constitution or laws of this
34state or by the Constitution or laws of the United States and because
35of the other person’s race, color, religion, ancestry, national origin,
36disability, gender, or sexual orientation, or because the minor
37perceives that the other person has one or more of those
38characteristics, as described in Title 11.6 (commencing with
39Section 422.55) of Part 1 of the Penal Code.

P13   1(iv) The victim of the offense was 65 years of age or older, or
2blind, deaf, quadriplegic, paraplegic, developmentally disabled,
3or confined to a wheelchair, and that disability was known or
4reasonably should have been known to the minor at the time of
5the commission of the offense.

6(3) Except as provided in subdivision (b) of Section 602, the
7district attorney or other appropriate prosecuting officer may file
8an accusatory pleading in a court of criminal jurisdiction against
9any minor 16 years of age or older who is accused of committing
10one or more of the following offenses, if the minor has previously
11been found to be a person described in Section 602 by reason of
12the violation of a felony offense, when he or she was 14 years of
13age or older:

14(A) A felony offense in which it is alleged that the victim of the
15offense was 65 years of age or older, or blind, deaf, quadriplegic,
16paraplegic, developmentally disabled, or confined to a wheelchair,
17and that disability was known or reasonably should have been
18known to the minor at the time of the commission of the offense.

19(B) A felony offense committed for the purposes of intimidating
20or interfering with any other person’s free exercise or enjoyment
21of a right secured to him or her by the Constitution or laws of this
22state or by the Constitution or laws of the United States and because
23of the other person’s race, color, religion, ancestry, national origin,
24disability, gender, or sexual orientation, or because the minor
25perceived that the other person had one or more of those
26characteristics, as described in Title 11.6 (commencing with
27Section 422.55) of Part 1 of the Penal Code.

28(C) The offense was committed for the benefit of, at the direction
29of, or in association with any criminal street gang as prohibited by
30Section 186.22 of the Penal Code.

31(4) In any case in which the district attorney or other appropriate
32prosecuting officer has filed an accusatory pleading against a minor
33in a court of criminal jurisdiction pursuant to this subdivision, the
34case shall then proceed according to the laws applicable to a
35criminal case. In conjunction with the preliminary hearing as
36provided in Section 738 of the Penal Code, the magistrate shall
37make a finding that reasonable cause exists to believe that the
38minor comes within this subdivision. If reasonable cause is not
39established, the criminal court shall transfer the case to the juvenile
40court having jurisdiction over the matter.

P14   1(5) For an offense for which the prosecutor may file the
2accusatory pleading in a court of criminal jurisdiction pursuant to
3this subdivision, but elects instead to file a petition in the juvenile
4court, if the minor is subsequently found to be a person described
5in subdivision (a) of Section 602, the minor shall be committed to
6placement in a juvenile hall, ranch camp, forestry camp, boot camp,
7or secure juvenile home pursuant to Section 730, or in any
8institution operated by the Department of Corrections and
9Rehabilitation, Division of Juvenile Facilities.

10(6) If, pursuant to this subdivision, the minor is found to be not
11a fit and proper subject for juvenile court treatment and is tried in
12a court of criminal jurisdiction and found guilty by the trier of fact,
13the judge may commit the minor to the Department of Corrections
14and Rehabilitation, Division of Juvenile Facilities, in lieu of
15sentencing the minor to the state prison, unless the limitations
16specified in Section 1732.6 apply.

17(e) A report submitted by a probation officer pursuant to this
18section regarding the behavioral patterns and social history of the
19minor being considered for a determination of unfitness shall
20include any written or oral statement offered by the victim, the
21victim’s parent or guardian if the victim is a minor, or if the victim
22has died, the victim’s next of kin, as authorized by subdivision (b)
23of Section 656.2. Victims’ statements shall be considered by the
24court to the extent they are relevant to the court’s determination
25of unfitness.



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