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AB-624 Juveniles: transfer to court of criminal jurisdiction: appeals.(2021-2022)

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Date Published: 04/21/2021 09:00 PM
AB624:v97#DOCUMENT

Revised  April 28, 2021
Amended  IN  Assembly  April 21, 2021
Amended  IN  Assembly  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 624


Introduced by Assembly Member Bauer-Kahan
(Principal coauthor: Senator Durazo)
(Coauthors: Assembly Members Cristina Garcia and Stone)

February 12, 2021


An act to add Section 801 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 624, as amended, Bauer-Kahan. Juveniles: 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.

This bill would authorize an order transferring a minor from juvenile court to a court of criminal jurisdiction to be reviewed by an appeal from the judgment of conviction if specified requirements are met, including that a petition for extraordinary writ review was filed in a timely manner. The bill would authorize a review of this appeal without a certificate of probable cause. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.

SECTION 1.Section 801 is added to the Welfare and Institutions Code, to read:
801.

(a)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:

(1)A petition for extraordinary writ review was filed in a timely manner, as defined by the rules of court.

(2)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.

(3)The petition was summarily denied or otherwise not decided on the merits.

(b)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.

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

(1)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.

(2)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.

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

(4)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.

(d)It is the intent of the Legislature that this section does both of the following:

(1)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.

(2)Encourage the appellate court to determine all writ petitions filed pursuant to this section on their merits in an expedited manner.

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REVISIONS:
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