Source Date: pubinfo_daily_2021_10_15_1122_Fri

Bill: AB 624

"This Bill Would"s:

Bill Text:



20210AB__062497AMD97INTRODUCED2021-02-12AMENDED_ASSEMBLY2021-03-16AMENDED_ASSEMBLY2021-04-21REVISED2021-04-2820210AB624AMDIntroduced by Assembly Member Bauer-Kahan(Principal coauthor: Senator Durazo)(Coauthors: Assembly Members Cristina Garcia and Stone)LEAD_AUTHORASSEMBLYBauer-KahanPRINCIPAL_COAUTHORSENATEDurazoCOAUTHORASSEMBLYCristina GarciaCOAUTHORASSEMBLYStone An act to add Section 801 to the Welfare and Institutions Code, relating to juveniles. juvenilesJuveniles: transfer to court of criminal jurisdiction: appeals.

Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction.

Existing law authorizes a minor to appeal from a proceeding to declare the minor a ward under the jurisdiction of the juvenile court in the same manner as any final judgment, and to appeal any subsequent order as from an order after judgment. Existing law prohibits a defendant in a criminal case from taking an appeal from a judgment of conviction upon a guilty plea or plea of nolo contendere, or a revocation of probation following an admission of violation, unless the defendant files a written statement under oath showing specified grounds going to the legality of the proceedings and the court executes and files a certificate of probable cause.</xhtml:p>"?>

This bill would make an order transferring a minor from a juvenile court to a court of criminal jurisdiction subject to appeal. This bill would require an order transferring a minor from the juvenile court to a court of criminal jurisdiction to be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor. The bill would, upon request of the minor, require the superior court to issue a stay of the criminal court proceedings until a final determination of the appeal. The bill would require the appeal to have precedence in the court to which the appeal is taken and to be determined as soon as practicable after the notice of appeal is filed. The bill would require the Judicial Council to adopt rules of court, as specified.

MAJORITYNOYESNONONONONONONONO
The people of the State of California do enact as follows:SECTION 1.Section 801 is added to the Welfare and Institutions Code, to read:801.

(a)An order transferring a minor from the juvenile court to a court of criminal jurisdiction shall be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor to a court of criminal jurisdiction. An order transferring the minor from the juvenile court to a court of criminal jurisdiction may not be heard on appeal from the judgment of conviction.

(b)Upon request of the minor, the superior court shall issue a stay of the criminal court proceedings until a final determination of the appeal. The superior court shall retain jurisdiction to modify or lift the stay upon request of the minor.

(c)The appeal shall have precedence in the court to which the appeal is taken and shall be determined as soon as practicable after the notice of appeal is filed.

(d)The Judicial Council shall adopt rules of court to ensure all of the following:

(1)The juvenile court shall advise the minor of the right to appeal, of the necessary steps and time for taking an appeal, and of the right to the appointment of counsel if the minor is unable to retain counsel.

(2)Following the timely filing of a notice of appeal, the prompt preparation and transmittal of the record from the superior court to the appellate court.

(3)Adequate time requirements for counsel and court personnel shall exist to implement the objectives of this section.

(e)It is the intent of the Legislature that this section provides for an expedited review on the merits by the appellate court of an order transferring the minor from the juvenile court to a court of criminal jurisdiction.

<caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'801'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 801 is added to the <caml:DocName>Welfare and Institutions Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_2B52ABE1-64D7-4863-9F3A-6B1438CC16C0"><caml:Num>801.</caml:Num><caml:LawSectionVersion id="id_BB09BDF8-5807-4A52-8648-F5C9B7185AC3"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>An order transferring a minor who is alleged to be a person described in Section 602 from juvenile court to a court of criminal jurisdiction may be reviewed by an appeal from the judgment of conviction if all of the following apply:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A petition for extraordinary writ review was filed in a timely manner, as defined by the rules of court.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>The petition was summarily denied or otherwise not decided on the merits.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding Section 1237.5 of the Penal Code, if the appeal is taken from a judgment of conviction predicated upon a plea of guilty or no contest, an order transferring a minor from the juvenile court to a court of criminal jurisdiction may be reviewed by an appeal from the judgment of conviction without obtaining a certificate of probable cause.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The Judicial Council shall adopt rules of court to ensure all of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A trial court, after the issuance of an order transferring the minor to the court of criminal jurisdiction, shall orally advise all parties of the requirement of filing a petition for extraordinary writ review to review the decision to transfer the minor.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Following the timely filing of a notice of intent to file a petition for extraordinary writ review, the prompt preparation and transmittal of the record from the trial court to the appellate court.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Adequate time requirements for counsel and court personnel shall exist to implement the objective of this section.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>The minor, trial counsel, or other counsel shall be charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this section.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>It is the intent of the Legislature that this section does both of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Make every reasonable attempt to achieve a review on the merits by the appellate court of an order transferring a minor from juvenile court to a court of criminal jurisdiction.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Encourage the appellate court to determine all writ petitions filed pursuant to this section on their merits in an expedited manner.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?> REVISIONS: Heading?Line 2.