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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Patel</ns0:AuthorText>
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<ns0:Name>Patel</ns0:Name>
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<ns0:Title> An act to amend Section 1170 of the Penal Code, and to amend Section 707 of the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
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<ns0:Subject>Juvenile justice.</ns0:Subject>
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<html:p>Existing law allows a person sentenced to life imprisonment without the possibility of parole who was under 18 years of age at the time of the offense to petition the court for recall of their sentence and resentencing, as specified. Existing law prohibits a person from seeking recall and resentencing pursuant to these provisions if it is pleaded and proved that the person committed certain offenses and the victim was a public safety official, including any law enforcement personnel.</html:p>
<html:p>This bill would additionally prohibit a person from seeking recall and resentencing pursuant to these provisions where it was pled and proved that the defendant, within the same proceeding, has been convicted of more than one offense of murder in the first or 2nd degree, that the offense constitutes a mass shooting, as defined, or that the offense was committed in a
school zone or on the property of a place of worship.</html:p>
<html:p>Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, 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. </html:p>
<html:p>This bill would, consistent with the intent of Proposition 57, authorize the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction when the minor is alleged to have committed certain specified offenses when the
minor was 14 or 15 years of age.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 1170 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>1170.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, the deprivation of liberty satisfies the punishment purpose of sentencing. Therefore, the carceral system should not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent while experiencing imprisonment. The essential purpose of incarceration is rehabilitation and successful community reintegration achieved through education, treatment, and active participation in rehabilitative and restorative justice programs. This purpose is best served by terms that are proportionate to the seriousness of the offense with provision for
uniformity in the sentences of people incarcerated for committing the same offense under similar circumstances. These purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the promotion of personal growth for all residents and the reintegration of a person into society upon release so that they can lead a law-abiding and self-supporting life, reducing recidivism.
</html:p>
<html:p>
(2)
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The Legislature further finds and declares that programs should be available for incarcerated persons, including, but not limited to, educational, rehabilitative, and restorative justice programs that are designed to promote behavioral change and to prepare all incarcerated persons for successful reentry into the community. The Legislature encourages the development of policies and programs designed to educate and rehabilitate all incarcerated persons. These programs, activities, and services should be delivered in line with the
individual treatment needs of incarcerated persons.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In any case in which the sentence prescribed by statute for a person convicted of a public offense is a term of imprisonment in the state prison, or a term pursuant to subdivision (h), of any specification of three time periods, the court shall sentence the defendant to one of the terms of imprisonment specified unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition or execution of sentence or is sentenced pursuant to subdivision (b) of Section 1168 because they had committed their crime prior to July 1, 1977. In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council. The court, unless it determines that there are circumstances in mitigation of the sentence prescribed, shall also impose any other term that it is required by law to impose as an additional
term. Nothing in this article shall affect any provision of law that imposes the death penalty, that authorizes or restricts the granting of probation or suspending the execution or imposition of sentence, or expressly provides for imprisonment in the state prison for life, except as provided in subdivision (d). In any case in which the amount of preimprisonment credit under Section 2900.5 or any other provision of law is equal to or exceeds any sentence imposed pursuant to this chapter, except for a remaining portion of mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h), the entire sentence shall be deemed to have been served, except for the remaining period of mandatory supervision, and the defendant shall not be actually delivered to the custody of the secretary or the county correctional administrator. The court shall advise the defendant that they shall serve an applicable period of parole, postrelease community supervision, or mandatory supervision and order
the defendant to report to the parole or probation office closest to the defendant’s last legal residence, unless the in-custody credits equal the total sentence, including both confinement time and the period of parole, postrelease community supervision, or mandatory supervision. The sentence shall be deemed a separate prior prison term or a sentence of imprisonment in a county jail under subdivision (h) for purposes of Section 667.5, and a copy of the judgment and other necessary documentation shall be forwarded to the secretary.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (2).
</html:p>
<html:p>
(2)
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The court may impose a sentence exceeding the middle term only when there
are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term and the facts underlying those circumstances have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. Except where evidence supporting an aggravating circumstance is admissible to prove or defend against the charged offense or enhancement at trial, or it is otherwise authorized by law, upon request of a defendant, trial on the circumstances in aggravation alleged in the indictment or information shall be bifurcated from the trial of charges and enhancements. The jury shall not be informed of the bifurcated allegations until there has been a conviction of a felony offense.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), the court may consider the defendant’s prior convictions in determining sentencing based on a certified record of
conviction without submitting the prior convictions to a jury. This paragraph does not apply to enhancements imposed on prior convictions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
At least four days prior to the time set for imposition of judgment, either party or the victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation or mitigation to dispute facts in the record or the probation officer’s report or to present additional facts. The court may consider the record in the case, the probation officer’s report, other reports, including reports received pursuant to Section 1203.03, and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The court shall set forth on the record the facts and reasons for
choosing the sentence imposed. The court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any provision of law. A term of imprisonment shall not be specified if imposition of sentence is suspended.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), and unless the court finds that the aggravating circumstances outweigh the mitigating circumstances that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person is a youth or was a youth as defined under
subdivision (b) of Section 1016.7 at the time of the commission of the offense.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
</html:p>
<html:p>
(7)
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Paragraph (6) does not preclude the court from imposing the lower term even if there is no evidence of those circumstances listed in paragraph (6) present.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The court shall state the reasons for its sentence choice on the record at the time of sentencing. The court shall also inform the defendant that as part of the sentence after expiration of the term they may be on parole for a period as provided in Section 3000 or 3000.08 or postrelease community supervision for a period as provided in Section 3451.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
When a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced to imprisonment for life without the possibility of parole has been incarcerated for at least 15 years, the defendant may submit to the sentencing court a petition for recall and resentencing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), this paragraph shall not apply to defendants sentenced to life without parole for an offense where it was pled and proved that the defendant tortured, as described in Section 206, their victim or the victim was a public safety official, including any law enforcement personnel mentioned in Chapter 4.5 (commencing with Section 830) of Title 3, or any firefighter as described in Section 245.1, as well as any other officer in any segment of law enforcement who is employed by the federal government, the state, or any of its
political subdivisions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), this subdivision shall not apply to defendants serving a sentence for an offense where it was pled and proved that the defendant, within the same proceeding, has been convicted of more than one offense of murder in the first or second degree, that the offense constitutes a mass shooting, or that the offense was committed in a school zone or on the property of a place of worship.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The defendant shall file the original petition with the sentencing court. A copy of the petition shall be served on the agency that prosecuted the case. The petition shall include the defendant’s statement that the defendant was under 18 years of age at the time of the crime and was sentenced to life in prison without the possibility
of parole, the defendant’s statement describing their remorse and work towards rehabilitation, and the defendant’s statement that one of the following is true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the sentence is being considered for recall.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The defendant committed the offense with at least one adult codefendant.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited to, availing themselves of rehabilitative,
educational, or vocational programs, if those programs have been available at their classification level and facility, using self-study for self-improvement, or showing evidence of remorse.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If any of the information required in paragraph (2) is missing from the petition, or if proof of service on the prosecuting agency is not provided, the court shall return the petition to the defendant and advise the defendant that the matter cannot be considered without the missing information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A reply to the petition, if any, shall be filed with the court within 60 days of the date on which the prosecuting agency was served with the petition unless a continuance is granted for good cause.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the court finds by a preponderance of the evidence that one or more of the statements specified in subparagraphs (A) to (D),
inclusive, of paragraph (2) is true, the court shall recall the sentence and commitment previously ordered and hold a hearing to resentence the defendant in the same manner as if the defendant had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. Victims, or victim family members if the victim is deceased, shall retain the rights to participate in the hearing.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The factors that the court may consider when determining whether to resentence the defendant to a term of imprisonment with the possibility of parole include, but are not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant does not have juvenile felony adjudications for assault or other felony
crimes with a significant potential for personal harm to victims prior to the offense for which the defendant was sentenced to life without the possibility of parole.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The defendant committed the offense with at least one adult codefendant.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Prior to the offense for which the defendant was sentenced to life without the possibility of parole, the defendant had insufficient adult support or supervision and had suffered from psychological or physical trauma or significant stress.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The defendant suffers from cognitive limitations due to mental illness, developmental disabilities, or other factors that did not constitute a defense but influenced the defendant’s involvement in the offense.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not limited to, availing themselves of rehabilitative, educational, or vocational programs, if those programs have been available at their classification level and facility, using self-study for self-improvement, or showing evidence of remorse.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The defendant has maintained family ties or connections with others through letter writing, calls, or visits or has eliminated contact with individuals outside of prison who are currently involved with crime.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The defendant has had no disciplinary actions for violent activities in the last five years in which the defendant was determined to be the aggressor.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The court shall have the discretion to resentence the defendant in the same manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the initial sentence. The discretion of the court shall be exercised in consideration of the criteria in paragraph (6). Victims, or victim family members if the victim is deceased, shall be notified of the resentencing hearing and shall retain their rights to participate in the hearing.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Notwithstanding paragraph (7), the court may also resentence the defendant to a term that is less than the initial sentence if any of the following were a contributing factor in the commission of the alleged offense:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person is a youth or was a youth as defined under subdivision (b) of Section 1016.7 at the
time of the commission of the offense.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Paragraph (8) does not prohibit the court from resentencing the defendant to a term that is less than the initial sentence, even if none of the circumstances listed in paragraph (8) are present.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
If the sentence is not recalled or the defendant is resentenced to imprisonment for life without the possibility of parole, the defendant may submit another petition for recall and resentencing to the sentencing court when the defendant has been committed to the custody of the department for at least 20 years. If the sentence is not recalled or the defendant is resentenced to imprisonment for life without the
possibility of parole under that petition, the defendant may file another petition after having served 24 years. The final petition may be submitted, and the response to that petition shall be determined, during the 25th year of the defendant’s sentence.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
In addition to the criteria in paragraph (6), the court may consider any other criteria that the court deems relevant to its decision, so long as the court identifies them on the record, provides a statement of reasons for adopting them, and states why the defendant does or does not satisfy the criteria.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
This subdivision shall have retroactive application.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Nothing in this paragraph is intended to diminish or abrogate any rights or remedies otherwise available to the defendant.
</html:p>
<html:p>
(14)
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For the purposes of this subdivision, the following definitions shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Mass shooting” means a multiple homicide incident where at least three victims are killed with a firearm during one event in locations in close proximity.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“School zone” means the same as defined in paragraph (4) of subdivision (e) of Section 626.9.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), the court may recall and resentence an incarcerated person pursuant to the compassionate release program set forth in Section 1172.2.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, for purposes of paragraph (3) of subdivision (h), an allegation that a defendant is eligible for state prison due to a prior or current conviction, sentence enhancement, or because the defendant is required to register as a sex offender shall not be subject to dismissal pursuant to Section 1385.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A sentence to the state prison for a determinate term for which only one term is specified is a sentence to state prison under this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), where the defendant (A) has a prior or current felony conviction for a serious felony described in subdivision (c) of Section 1192.7 or a prior or current conviction for a violent felony described in subdivision (c) of Section 667.5, (B) has a prior felony conviction in another jurisdiction for an offense that has all the elements of a serious felony described in subdivision (c) of Section 1192.7 or a violent felony described in subdivision (c) of Section 667.5, (C) is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime and as part of the sentence an enhancement
pursuant to Section 186.11 is imposed, an executed sentence for a felony punishable pursuant to this subdivision shall be served in the state prison.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nothing in this subdivision shall be construed to prevent other dispositions authorized by law, including pretrial diversion, deferred entry of judgment, or an order granting probation pursuant to Section 1203.1.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Unless the court finds, in the interest of justice, that it is not appropriate in a particular case, the court, when imposing a sentence pursuant to paragraph (1) or (2), shall suspend execution of a concluding portion of the term for a period selected at the court’s discretion.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The portion of a defendant’s sentenced term that is suspended pursuant to this paragraph shall be known as mandatory supervision, and, unless
otherwise ordered by the court, shall commence upon release from physical custody or an alternative custody program, whichever is later. During the period of mandatory supervision, the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory and may not be earlier terminated, except by court order. Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under that supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment imposed by the court. Any time period that is suspended because a person has
absconded shall not be credited toward the period of supervision. A defendant who is subject to search or seizure as part of the terms and conditions of mandatory supervision, is subject to search or seizure only by a probation officer or other peace officer.
</html:p>
<html:p>
(6)
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When the court is imposing a judgment pursuant to this subdivision concurrent or consecutive to a judgment or judgments previously imposed pursuant to this subdivision in another county or counties, the court rendering the second or other subsequent judgment shall determine the county or counties of incarceration and supervision of the defendant.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The sentencing changes made by the act that added this subdivision shall be applied prospectively to any person sentenced on or after October 1, 2011.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The sentencing changes made to paragraph (5) by the act
that added this paragraph shall become effective and operative on January 1, 2015, and shall be applied prospectively to any person sentenced on or after January 1, 2015.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Notwithstanding the separate punishment for any enhancement, any enhancement shall be punishable in a county jail or state prison as required by the underlying offense and not as would be required by the enhancement. The intent of the Legislature in enacting this paragraph is to abrogate the holding in People v. Vega (2014) 222 Cal.App.4th 1374, that if an enhancement specifies service of sentence in state prison, the entire sentence is served in state prison, even if the punishment for the underlying offense is a term of imprisonment in the county jail.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 707 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_8EC9A391-ED4E-490B-8AE3-1A72E981B544">
<ns0:Num>707.</ns0:Num>
<ns0:LawSectionVersion id="id_C6AAC0A4-4831-441F-833C-B1F8EB07E2EB">
<ns0:Content>
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(a)
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(1)
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In any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when the minor was 16 years of age or older, of any offense listed in subdivision (b) or any other felony criminal statute, the district attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the minor. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.
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(2)
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In any case in which an individual is
alleged to be a person described in Section 602 by reason of the violation, when the individual was 14 or 15 years of age, of any offense listed in subdivision (b), but was not apprehended prior to the end of juvenile court jurisdiction, the district attorney or other appropriate prosecuting officer may make a motion to transfer the individual from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the individual. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.
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(3)
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In any case in which an individual is alleged to be a person described in Section 602 by reason of the violation, when the individual was 14 or 15
years of age, of the offense of murder of any law enforcement personnel described in Chapter 4.5 (commencing with Section 830) of Title of Part 2 of the Penal Code or the offenses described in paragraph (1), (12), or (13) of subdivision (b) when the offense occurred in a school zone, as defined in Section 626.9 of the Penal Code or on the property of a place of worship, or is alleged to have committed more than one offense of murder in the first or second degree in the same event, the district attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the minor. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.
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(4)
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Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor should be transferred to a court of criminal jurisdiction. In order to find that the minor should be transferred to a court of criminal jurisdiction, the court shall find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. In making its decision, the court shall consider the criteria specified in subparagraphs (A) to (E), inclusive. If the court orders a transfer of jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes, which shall include the reasons supporting the court’s finding that the minor is not amenable to
rehabilitation while under the jurisdiction of the juvenile court. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the transfer hearing, and a plea that has been entered already shall not constitute evidence at the hearing.
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(A)
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(i)
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The degree of criminal sophistication exhibited by the minor.
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(ii)
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When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense; the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior; the effect of familial, adult, or peer pressure on the minor’s actions; the effect of the
minor’s family and community environment; the existence of childhood trauma; the minor’s involvement in the child welfare or foster care system; and the status of the minor as a victim of human trafficking, sexual abuse, or sexual battery on the minor’s criminal sophistication.
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(B)
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(i)
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Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.
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(ii)
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When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
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(C)
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(i)
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The minor’s previous delinquent history.
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(ii)
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When evaluating the criterion specified in clause (i), the juvenile court shall
give weight to any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior.
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(D)
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(i)
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Success of previous attempts by the juvenile court to rehabilitate the minor.
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(ii)
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When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs.
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(E)
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(i)
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The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
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(ii)
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When evaluating the
criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.
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(iii)
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When evaluating the criterion specified in clause (i), the court shall consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor.
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(b)
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This subdivision is applicable to any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
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(1)
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Murder.
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(2)
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Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
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(3)
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Robbery.
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(4)
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Rape with force, violence, or threat of great bodily harm.
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(5)
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Sodomy by force, violence, duress, menace, or threat of great bodily harm.
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(6)
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A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
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(7)
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Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
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(8)
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An offense specified in subdivision (a) of Section 289 of the Penal Code.
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(9)
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Kidnapping for ransom.
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(10)
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Kidnapping for purposes of robbery.
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(11)
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Kidnapping with bodily harm.
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(12)
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Attempted murder.
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(13)
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Assault with a firearm or destructive device.
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(14)
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Assault by any means of force likely to produce great bodily injury.
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(15)
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Discharge of a firearm into an inhabited or occupied building.
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(16)
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An offense described in Section 1203.09 of the Penal Code.
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(17)
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An offense described in Section 12022.5 or 12022.53 of the Penal Code.
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(18)
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A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
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(19)
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A felony offense described in Section 136.1 or 137 of the Penal Code.
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(20)
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Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
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(21)
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A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
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(22)
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Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry
camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
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(23)
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Torture as described in Sections 206 and 206.1 of the Penal Code.
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(24)
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Aggravated mayhem, as described in Section 205 of the Penal Code.
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(25)
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Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
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(26)
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Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
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(27)
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Kidnapping as punishable in Section 209.5 of the Penal Code.
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(28)
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The offense
described in subdivision (c) of Section 26100 of the Penal Code.
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(29)
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The offense described in Section 18745 of the Penal Code.
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(30)
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Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
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