BILL NUMBER: AB 743	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Strickland

                        FEBRUARY 17, 2005

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 743, as introduced, Strickland.   Minors: rape.
   Proposition 21, an initiative statute, enumerates specified crimes
for which a minor 14 years of age or older shall be prosecuted under
the general law in a court of criminal jurisdiction. Proposition 21
allows those provisions to be amended by the Legislature by a 2/3
vote of the membership of each house.
   This bill would add specified acts of rape to those enumerated
crimes.
   Vote: 2/3. 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 the age of 18 years 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)  , (3), or (4) 
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 the age of
14 years, 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 the age of 14 years,
as defined in subdivision (a) of Section 288, unless the defendant
qualifies for probation under subdivision (c) of Section 1203.066 of
the Penal Code.