BILL NUMBER: AB 61 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nava
DECEMBER 9, 2008
An act to amend Section 790 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 61, as introduced, Nava. Juvenile crime: deferred entry of
judgment.
Existing law, enacted by initiative statute, provides that if a
minor consents and waives his or her right to a speedy jurisdictional
hearing, the court may refer the case to the probation department or
summarily grant deferred entry of judgment if the minor admits the
charges in the petition and waives time for the pronouncement of the
judgment. These provisions apply whenever a case is before the
juvenile court for a determination of whether the minor is within the
jurisdiction of the juvenile court because of the commission of a
felony offense, and the minor meets other eligibility criteria,
including that the offense charged is not one of an enumerated list
of offenses for which a minor 14 years of age or older may be found
unfit for treatment in juvenile court and prosecuted under the
general law in a court of criminal jurisdiction. The initiative
statute provides that any amendment of its provisions requires a 2/3
vote of the membership of each house of the Legislature.
This bill would list additional sexual offenses for which a minor
charged with the commission thereof would become ineligible for a
deferred entry of judgment pursuant to these provisions. By changing
the punishment for a crime, the bill would impose a state-mandated
local program. Because the bill would amend an initiative statute, it
would require a 2/3 vote.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 790 of the Welfare and Institutions Code is
amended to read:
790. (a) Notwithstanding Section 654 or 654.2, or any other
provision of law, this article shall apply
whenever a case is before the juvenile court for a determination of
whether a minor is a person described in Section 602 because of the
commission of a felony offense, if all of the following circumstances
apply:
(1) The minor has not previously been declared to be a ward of the
court for the commission of a felony offense.
(2) The offense charged is not one of the offenses enumerated in
subdivision (b) of Section 707. 707 or any of
the following offenses:
(A) An offense described in paragraph (1), (3), (4), (5), (6), or
(7) of subdivision (a) of Section 261 of the Penal Code.
(B) An offense described in Section 264.1 or 285 of the Penal
Code.
(C) An offense described in paragraph (1) or (3) of subdivision
(c), or subdivision (f), (g), (h), (i), (j), or (k) of Section 286 of
the Penal Code.
(D) An offense described in subdivision (a) of Section 288 of the
Penal Code.
(E) An offense described in paragraph (1) or (3) of subdivision
(c), or subdivision (d), (f), (g), (h), (i), (j), or (k) of Section
288a of the Penal Code.
(F) An offense described in subdivision (b), (c), (d), (e), (f),
(g), or (j) of Section 289 of the Penal Code.
(G) An offense described in Section 647.6 of the Penal Code.
(3) The minor has not previously been committed to the custody of
the Youth Authority Department of
Corrections, Division of Juvenile Facilities .
(4) The minor's record does not indicate that probation has ever
been revoked without being completed.
(5) The minor is at least 14 years of age at the time of the
hearing.
(6) The minor is eligible for probation pursuant to Section
1203.06 of the Penal Code.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply. If the minor is found eligible for deferred
entry of judgment, the prosecuting attorney shall file a declaration
in writing with the court or state for the record the grounds upon
which the determination is based, and shall make this information
available to the minor and his or her attorney. Upon a finding that
the minor is also suitable for deferred entry of judgment and would
benefit from education, treatment, and rehabilitation efforts, the
court may grant deferred entry of judgment. Under this procedure, the
court may set the hearing for deferred entry of judgment at the
initial appearance under Section 657. The court shall make findings
on the record that a minor is appropriate for deferred entry of
judgment pursuant to this article in any case where
in which deferred entry of judgment is granted.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.