Juveniles: transfer to criminal court: criminal procedure.

AB 1647

California Bills

20250AB__164797AMD INTRODUCED 2026-01-27 AMENDED_ASSEMBLY 2026-04-15 AMENDED_SENATE 2026-06-25 2025 AB AMD Introduced by Assembly Member Bryan (Coauthor: Assembly Member Schultz) LEAD_AUTHOR ASSEMBLY Bryan COAUTHOR ASSEMBLY Schultz

An act to add

Section 707.3 to the Welfare and Institutions Code, relating to juveniles. juveniles Juveniles: transfer to criminal court: criminal procedure.

Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 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 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 or years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction.

Existing case law prohibits the use of a minor’s statements made at a transfer hearing or to a probation officer from being used during a criminal prosecution of the minor transferred to the court of criminal jurisdiction. This bill would codify existing case law to prohibit the use of the minor’s statements made during a transfer hearing or to the minor’s probation officer for the purposes of preparing a report for a transfer hearing from being used against the minor during subsequent juvenile proceedings or subsequent criminal proceedings, as specified.

This bill would state that the provisions of this bill are declaratory of existing law. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 707.3 is added to the Welfare and Institutions Code , to read: 707.3. (

a) Testimony a minor gives at a transfer hearing conducted pursuant to

Section 707, or statements the minor makes to the minor’s probation officer for purposes of preparing a report for a transfer hearing, shall not be used against the minor in subsequent juvenile proceedings or subsequent criminal proceedings for the offense. This

section does not prohibit the minor’s statements made to the minor’s probation officer for purposes of preparing a report for a transfer hearing or at a transfer hearing from being used at sentencing. (

b) This

section shall not be construed to restrict, expand, alter, or modify the decision in Bryan v. Superior Court (1972) 7 Cal.3d or Ramona R. v. Superior Court (1985) 37 Cal.3d 802. This

section is declaratory of existing law.

Document details

CollectionCalifornia Bills
CitationAB 1647
Date2026-06-25
Typebill
Languageen
SourceCA_BILL
Identifier20250AB164797AMD

Juveniles: transfer to criminal court: criminal procedure.

AB 1647

California Bills

Juveniles: transfer to criminal court: criminal procedure.

AB 1647

California Bills

20250AB__164797AMD INTRODUCED 2026-01-27 AMENDED_ASSEMBLY 2026-04-15 AMENDED_SENATE 2026-06-25 2025 AB AMD Introduced by Assembly Member Bryan (Coauthor: Assembly Member Schultz) LEAD_AUTHOR ASSEMBLY Bryan COAUTHOR ASSEMBLY Schultz

An act to add

Section 707.3 to the Welfare and Institutions Code, relating to juveniles. juveniles Juveniles: transfer to criminal court: criminal procedure.

Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 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 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 or years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction.

Existing case law prohibits the use of a minor’s statements made at a transfer hearing or to a probation officer from being used during a criminal prosecution of the minor transferred to the court of criminal jurisdiction. This bill would codify existing case law to prohibit the use of the minor’s statements made during a transfer hearing or to the minor’s probation officer for the purposes of preparing a report for a transfer hearing from being used against the minor during subsequent juvenile proceedings or subsequent criminal proceedings, as specified.

This bill would state that the provisions of this bill are declaratory of existing law. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 707.3 is added to the Welfare and Institutions Code , to read: 707.3. (

a) Testimony a minor gives at a transfer hearing conducted pursuant to

Section 707, or statements the minor makes to the minor’s probation officer for purposes of preparing a report for a transfer hearing, shall not be used against the minor in subsequent juvenile proceedings or subsequent criminal proceedings for the offense. This

section does not prohibit the minor’s statements made to the minor’s probation officer for purposes of preparing a report for a transfer hearing or at a transfer hearing from being used at sentencing. (

b) This

section shall not be construed to restrict, expand, alter, or modify the decision in Bryan v. Superior Court (1972) 7 Cal.3d or Ramona R. v. Superior Court (1985) 37 Cal.3d 802. This

section is declaratory of existing law.

Document details

CollectionCalifornia Bills
CitationAB 1647
Date2026-06-25
Typebill
Languageen
SourceCA_BILL
Identifier20250AB164797AMD