BILL NUMBER: SB 838	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 5, 2014

INTRODUCED BY   Senator Beall
    (   Coauthor:   Assembly Member  
Maienschein   ) 

                        JANUARY 6, 2014

   An act to  add Section 290.1 to the Penal Code, and to 
amend  Section 647   Sections 676 and 707 
of the  Penal   Welfare and Institutions 
Code, relating to  disorderly conduct  
juveniles  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 838, as amended, Beall.  Disorderly conduct. 
 Juveniles.  
   Existing law makes it an offense for a person to willfully
threaten to commit a crime which will result in death or great bodily
injury to another person, with the specific intent that the
statement, made verbally, in writing, or by means of an electronic
communication device, is to be taken as a threat, and causes that
person reasonably to be in fear for his or her own safety or for his
or her immediate family's safety. Existing law makes it an offense
for a person who uses a concealed camcorder, motion picture camera,
or photographic camera of any type, to secretly videotape, film,
photograph, or record by electronic means, another, identifiable
person who may be in a state of full or partial undress, for the
purpose of viewing the body of, or the undergarments worn by, that
other person, without the consent or knowledge of that other person,
in any area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.  
   This bill would make it an offense for a person who, with the
intent to intimidate, embarrass, or harass another person, by means
of an electronic communication device, and without consent of the
other person, electronically distributes, publishes, e-mails,
hyperlinks, or makes available for downloading, a digital image of a
sexual nature of another person, or shows or shares a photograph of
the intimate body parts of that person, or an electronic message of a
harassing nature about another person, which would be likely to
intimidate, harass, or produce embarrassment. The bill would provide
that the offense is punishable by imprisonment for up to one year in
a county jail, by a fine of not more than $1,000, or by both that
fine and imprisonment. The bill would provide that if the material is
of a sexual nature and identifies a minor, or shows intimate body
parts, as defined, of the minor, the offense would be punishable by
imprisonment in the state prison for 16 months, or 2 years or 3
years, or in a county jail for up to one year, or by a fine up to
$10,000, or by both the fine and imprisonment.  
   By creating new crimes, this bill would impose a state-mandated
local program.  
   Under existing law, as amended by Proposition 21, an initiative
statute approved by the voters at the March 7, 2000, statewide
primary election, juvenile court hearings are closed to the public,
except for juvenile court hearings alleging the commission of
specified felonies. The Legislature may amend Proposition 21 by a
statute passed in each house by a 2/3 vote.  
   This bill would add to that list of felonies, to which the public
may be admitted for the hearing, certain sex offenses accomplished
because the person is prevented from resisting by any intoxicating,
anesthetizing, or controlled substance, or when the victim is at the
time incapable, because of mental disorder or developmental or
physical disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense. The
bill would also add to that list of felonies additional specified sex
offenses and a sexual offense where the offender used social media
to identify, intimidate, harass, humiliate, or bully the victim.
 
    Existing law provides that any person under 18 years of age who
commits a crime is within the jurisdiction of the juvenile court,
except as specified. Existing law, as amended by Proposition 21,
enumerates certain crimes for which a minor 14 years of age or older
may be prosecuted under the general law in a court of criminal
jurisdiction.  
   This bill would add to that list of crimes, for which a minor 14
years of age or older may be prosecuted under the general law in a
court of criminal jurisdiction, certain sex offenses accomplished
because the person is prevented from resisting by any intoxicating,
anesthetizing, or controlled substance, or when the victim is at the
time incapable, because of mental disorder or developmental or
physical disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense, and
a sexual offense where the offender used social media to identify,
intimidate, harass, humiliate, or bully the victim.  
   Because this bill would amend Proposition 21, 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.  
   Existing law provides that a person is guilty of disorderly
conduct, a misdemeanor, based on various acts, including when a
person solicits or agrees to engage in or engages in any act of
prostitution, as specified.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known, and may be
cited, as Audrie's Law. 
   SEC. 2.    Section 290.1 is added to the  
Penal Code  , to read:  
   290.1.  (a) Every person who, with the intent to intimidate,
embarrass, or harass another person, by means of an electronic
communication device, and without consent of the other person,
electronically distributes, publishes, e-mails, hyperlinks, or makes
available for downloading, a digital image of a sexual nature of
another person, or shows or shares a photograph of the intimate body
parts of that person, or an electronic message of a harassing nature
about another person, which would be likely to intimidate, harass, or
produce embarrassment, is guilty of a misdemeanor punishable by up
to one year in a county jail, by a fine of not more than one thousand
dollars ($1,000), or by both that fine and imprisonment.
   (b) Every person who engages in behavior described in subdivision
(a), and the material distributed identifies a minor and is of a
sexual nature, or shows the intimate body parts of a minor, is guilty
of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two years or three years, or in a county
jail for not exceeding one year, or by a fine not exceeding ten
thousand dollars ($10,000), or by both the fine and imprisonment.
   (c) For purposes of this section, the following definitions apply:

   (1) "Electronic communication device" includes, but is not limited
to, telephones, cell phones, smart phones, computers, Internet Web
pages or sites, Internet phones, hybrid cellular-Internet-wireless
devices, personal digital assistants (PDAs), video recorders, fax
machines, or pagers.
   (2) "Electronic communication" has the same meaning as the term is
defined in Section 2510(12) of Title 18 of the United States Code.
   (3) "Harass" means to knowingly and willfully engage in conduct
directed at a specific person that a reasonable person would consider
as seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing the person and that serves no legitimate
purpose.
   (4) "Of a harassing nature" means of a nature that a reasonable
person would consider as seriously alarming, seriously annoying,
seriously tormenting, or seriously terrorizing of the person and that
serves no legitimate purpose.
   (5) "Intimate body parts" means the breasts, genital area, groin,
inner thighs, and buttocks. 
   SEC. 3.    Section 676 of the   Welfare and
Institutions Code   is amended to read: 
   676.  (a) Unless requested by the minor concerning whom the
petition has been filed and any parent or guardian present, the
public shall not be admitted to a juvenile court hearing. Nothing in
this section shall preclude the attendance of up to two family
members of a prosecuting witness for the support of that witness, as
authorized by Section 868.5 of the Penal Code. The judge or referee
may nevertheless admit those persons he or she deems to have a direct
and legitimate interest in the particular case or the work of the
court. However, except as provided in subdivision (b), members of the
public shall be admitted, on the same basis as they may be admitted
to trials in a court of criminal jurisdiction, to hearings concerning
petitions filed pursuant to Section 602 alleging that a minor is a
person described in Section 602 by reason of the violation of any one
of the following offenses:
   (1) Murder.
   (2) Arson of an inhabited building.
   (3) Robbery while armed with a dangerous or deadly weapon.
   (4) Rape with force or violence  or  , 
threat of great bodily harm  , or when the person is prevented
from resisting by any intoxicating, anesthetizing, or controlled
substance, or when the victim is at the time incapable, because of
mental disorder or developmental or physical disability, of giving
consent, and this is known or   reasonably should be known
to the person committing the offense  .
   (5) Sodomy by force, violence, duress, menace,  or
 threat of great bodily harm  , or when the person is
prevented from resisting by any intoxicating, anesthetizing, or
controlled substance, or when the victim is at the time incapable,
because of mental disorder or developmental or physical disability,
of giving consent, and this is known or reasonably should be known to
the person committing the offense  .
   (6) Oral copulation by force, violence, duress, menace, 
or  threat of great bodily harm  ,   or when
the person is prevented from resisting by any intoxicating,
anesthetizing, or controlled substance, or when the victim is at the
time incapable, because of mental disorder or developmental or
physical disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense 
.
   (7) Any offense specified in subdivision (a)  or (e)  of
Section 289 of the Penal Code.
   (8) Kidnapping for ransom.
   (9) Kidnapping for purpose of robbery.
   (10) Kidnapping with bodily harm.
   (11) Assault with intent to murder or attempted murder.
   (12) Assault with a firearm or destructive device.
   (13) Assault by any means of force likely to produce great bodily
injury.
   (14) Discharge of a firearm into an inhabited dwelling or occupied
building.
   (15) Any offense described in Section 1203.09 of the Penal Code.
   (16) Any offense described in Section 12022.5 or 12022.53 of the
Penal Code.
   (17) Any felony offense in which a minor personally used a weapon
described in any provision listed in Section 16590 of the Penal Code.

   (18) Burglary of an inhabited dwelling house or trailer coach, as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, if the minor previously has been adjudged a
ward of the court by reason of the commission of any offense listed
in this section, including an offense listed in this paragraph.
   (19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
   (20) Any offense as specified in Sections 11351, 11351.5, 11352,
11378, 11378.5, 11379, and 11379.5 of the Health and Safety Code.
   (21) Criminal street gang activity which constitutes a felony
pursuant to Section 186.22 of the Penal Code.
   (22) Manslaughter as specified in Section 192 of the Penal Code.
   (23) Driveby shooting or discharge of a weapon from or at a motor
vehicle as specified in Sections 246, 247, and 26100 of the Penal
Code.
   (24) Any crime committed with an assault weapon, as defined in
Section 30510 of the Penal Code, including possession of an assault
weapon as specified in Section 30605 of the Penal Code.
   (25) Carjacking, while armed with a dangerous or deadly weapon.
   (26) Kidnapping, in violation of Section 209.5 of the Penal Code.
   (27) Torture, as described in Sections 206 and 206.1 of the Penal
Code.
   (28) Aggravated mayhem, in violation of Section 205 of the Penal
Code. 
   (29) Any offense specified in subdivision (c) of Section 290.
 
   (30) Any sex offense in which the offender uses social media,
including, but not limited to, posting online photos and messages or
sharing cellular photos or messages of the incident, to identify,
intimidate, harass, humiliate, or bully the victim. 
   (b) Where the petition filed alleges that the minor is a person
described in Section 602 by reason of the commission of rape with
force or violence or great bodily harm; sodomy by force, violence,
duress, menace,  or  threat of great bodily harm
 , or when the person is prevented from resisting   by
any intoxicating, anesthetizing, or controlled substance, or when the
victim is at the time incapable, because of mental disorder or
developmental or physical disability, of giving consent, and this is
known or reasonably should be known to the person committing the
offense  ; oral copulation by force, violence, duress, menace,
 or  threat of great bodily harm  , or when the
person is prevented from resisting by any intoxicating,
anesthetizing, or controlled substance, or when the victim is at the
time incapable, because of mental disorder or developmental or
physical disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense 
;  or  any offense specified in Section 289  or
subdivision (c) of Section 290  of the Penal Code,  or when
the victim of a sexual offense is then identified, intimidated,
harassed, humiliated, or bullied through social media, the use of
smart phone photographs, or text messaging,  members of the
public shall not be admitted to the hearing in either of the
following instances:
   (1) Upon a motion for a closed hearing by the district attorney,
who shall make the motion if so requested by the victim.
   (2) During the victim's testimony, if, at the time of the offense
the victim was under 16 years of age.
   (c) The name of a minor found to have committed one of the
offenses listed in subdivision (a) shall not be confidential, unless
the court, for good cause, so orders. As used in this subdivision,
"good cause" shall be limited to protecting the personal safety of
the minor, a victim, or a member of the public. The court shall make
a written finding, on the record, explaining why good cause exists to
make the name of the minor confidential.
   (d) Notwithstanding Sections 827 and 828 and subject to
subdivisions (e) and (f), when a petition is sustained for any
offense listed in subdivision (a), the charging petition, the minutes
of the proceeding, and the orders of adjudication and disposition of
the court that are contained in the court file shall be available
for public inspection. Nothing in this subdivision shall be construed
to authorize public access to any other documents in the court file.

   (e) The probation officer or any party may petition the juvenile
court to prohibit disclosure to the public of any file or record. The
juvenile court shall prohibit the disclosure if it appears that the
harm to the minor, victims, witnesses, or public from the public
disclosure outweighs the benefit of public knowledge. However, the
court shall not prohibit disclosure for the benefit of the minor
unless the court makes a written finding that the reason for the
prohibition is to protect the safety of the minor.
   (f) Nothing in this section shall be applied to limit the
disclosure of information as otherwise provided for by law.
   (g) The juvenile court shall for each day that the court is in
session, post in a conspicuous place which is accessible to the
general public, a written list of hearings that are open to the
general public pursuant to this section, the location of those
hearings, and the time when the hearings will be held.
   SEC. 4.    Section 707 of the   Welfare and
Institutions Code   is amended to read: 
   707.  (a) (1) In any case in which a minor is alleged to be a
person described in subdivision (a) of Section 602 by reason of the
violation, when he or she was 16 years of age or older, of any
criminal statute or ordinance except those listed in subdivision (b),
upon motion of the petitioner made prior to the attachment of
jeopardy the court shall cause the probation officer to investigate
and submit a report on the behavioral patterns and social history of
the minor being considered for a determination of unfitness.
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 may find that the minor is not a fit and
proper subject to be dealt with under the juvenile court law if it
concludes that the minor would not be amenable to the care,
treatment, and training program available through the facilities of
the juvenile court, based upon an evaluation of the following
criteria:
   (A) The degree of criminal sophistication exhibited by the minor.
   (B) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
   (C) The minor's previous delinquent history.
   (D) Success of previous attempts by the juvenile court to
rehabilitate the minor.
   (E) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
   A determination that the minor is not a fit and proper subject to
be dealt with under the juvenile court law may be based on any one or
a combination of the factors set forth above, which shall be recited
in the order of unfitness. 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 fitness
hearing, and no plea that may have been entered already shall
constitute evidence at the hearing.
   (2) (A) This paragraph shall apply to a minor alleged to be a
person described in Section 602 by reason of the violation, when he
or she has attained 16 years of age, of any felony offense when the
minor has been declared to be a ward of the court pursuant to Section
602 on one or more prior occasions if both of the following apply:
   (i) The minor has previously been found to have committed two or
more felony offenses.
   (ii) The offenses upon which the prior petition or petitions were
based were committed when the minor had attained 14 years of age.
   (B) Upon motion of the petitioner made prior to the attachment of
jeopardy the court shall cause the probation officer to investigate
and submit a report on the behavioral patterns and social history of
the minor being considered for a determination of unfitness.
Following submission and consideration of the report, and of any
other relevant evidence that the petitioner or the minor may wish to
submit, the minor shall be presumed to be not a fit and proper
subject to be dealt with under the juvenile court law unless the
juvenile court concludes, based upon evidence, which evidence may be
of extenuating or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program available
through the facilities of the juvenile court based upon an evaluation
of the following criteria:
   (i) The degree of criminal sophistication exhibited by the minor.
   (ii) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
   (iii) The minor's previous delinquent history.
   (iv) Success of previous attempts by the juvenile court to
rehabilitate the minor.
   (v) The circumstances and gravity of the offense alleged in the
petition to have been committed by the minor.
   A determination that the minor is a fit and proper subject to be
dealt with under the juvenile court law shall be based on a finding
of amenability after consideration of the criteria set forth above,
and findings therefore recited in the order as to each of the above
criteria that the minor is fit and proper under each and every one of
the above criteria. In making a finding of fitness, the court may
consider extenuating and mitigating circumstances in evaluating each
of the above criteria. In any case in which the 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 fitness
hearing and no plea which may have been entered already shall
constitute evidence at the hearing. If the minor is found to be a fit
and proper subject to be dealt with under the juvenile court law
pursuant to this subdivision, the minor shall be committed to
placement in a juvenile hall, ranch camp, forestry camp, boot camp,
or secure juvenile home pursuant to Section 730, or in any
institution operated by the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
   (3) If, pursuant to this subdivision, the minor is found to be not
a fit and proper subject for juvenile court treatment and is tried
in a court of criminal jurisdiction and found guilty by the trier of
fact, the judge may commit the minor to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, in lieu of
sentencing the minor to the state prison, unless the limitations
specified in Section 1732.6 apply.
   (b) Subdivision (c) shall be applicable in 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:
   (1) Murder.
   (2) Arson, as provided in subdivision (a) or (b) of Section 451 of
the Penal Code.
   (3) Robbery.
   (4) Rape with force, violence,  or  threat of
great bodily harm  , or when the person is prevented from
resisting by any intoxicating, anesthetizing, or controlled
substance, or when the victim is at the time incapable, because of
mental disorder or developmental or physical disabilit   y,
of giving consent, and this is known or reasonably should be known to
the person committing the offense  .
   (5) Sodomy by force, violence, duress, menace,  or
 threat of great bodily harm  , or when the person is
prevented from   resisting by any intoxicating,
anesthetizing, or controlled substance, or when the victim is at the
time incapable, because of mental disorder or developmental or
physical disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense 
.
   (6) A lewd or lascivious act as provided in subdivision (b) of
Section 288 of the Penal Code  , or when the person is prevented
from resisting by any intoxicating, anesthetizing, or controlled
substance, or when the victim is at the time incapable, because of
mental disorder or developmental or physical disability, of giving
consent, and this is known or reasonably should be known to the
person committing the offense  .
   (7) Oral copulation by force, violence, duress, menace, 
or  threat of great bodily harm  , or when the person is
prevented from resisting by any intoxicating, anesthetizing, or
controlled substance, or when the victim is at the time incapable,
because of mental disorder or developmental or physical disability,
of giving consent, and this is known or reasonably should be known to
the person committing the offense  .
   (8) An offense specified in subdivision (a)  or (e)  of
Section 289 of the Penal Code.
   (9) Kidnapping for ransom.
   (10) Kidnapping for purposes of robbery.
   (11) Kidnapping with bodily harm.
   (12) Attempted murder.
   (13) Assault with a firearm or destructive device.
   (14) Assault by any means of force likely to produce great bodily
injury.
   (15) Discharge of a firearm into an inhabited or occupied
building.
   (16) An offense described in Section 1203.09 of the Penal Code.
   (17) An offense described in Section 12022.5 or 12022.53 of the
Penal Code.
   (18) A felony offense in which the minor personally used a weapon
described in any provision listed in Section 16590 of the Penal Code.

   (19) A felony offense described in Section 136.1 or 137 of the
Penal Code.
   (20) 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.
   (21) 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.
   (22) 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.
   (23) Torture as described in Sections 206 and 206.1 of the Penal
Code.
   (24) Aggravated mayhem, as described in Section 205 of the Penal
Code.
   (25) Carjacking, as described in Section 215 of the Penal Code,
while armed with a dangerous or deadly weapon.
   (26) Kidnapping for purposes of sexual assault, as punishable in
subdivision (b) of Section 209 of the Penal Code.
   (27) Kidnapping as punishable in Section 209.5 of the Penal Code.
   (28) The offense described in subdivision (c) of Section 26100 of
the Penal Code.
   (29) The offense described in Section 18745 of the Penal Code.
   (30) Voluntary manslaughter, as described in subdivision (a) of
Section 192 of the Penal Code. 
   (31) Any sex offense in which the offender uses social media,
including, but not limited to, posting online photos and messages or
sharing cellular photos or messages of the incident, to identify,
intimidate, harass, humiliate, or bully the victim. 
   (c) With regard to a minor alleged to be a person described in
Section 602 by reason of the violation, when he or she was 14 years
of age or older, of any of the offenses listed in subdivision (b),
upon motion of the petitioner made prior to the attachment of
jeopardy the court shall cause the probation officer to investigate
and submit a report on the behavioral patterns and social history of
the minor being considered for a determination of unfitness.
Following submission and consideration of the report, and of any
other relevant evidence that the petitioner or the minor may wish to
submit, the minor shall be presumed to be not a fit and proper
subject to be dealt with under the juvenile court law unless the
juvenile court concludes, based upon evidence, which evidence may be
of extenuating or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program available
through the facilities of the juvenile court based upon an evaluation
of each of the following criteria:
   (1) The degree of criminal sophistication exhibited by the minor.
   (2) Whether the minor can be rehabilitated prior to the expiration
of the juvenile court's jurisdiction.
   (3) The minor's previous delinquent history.
   (4) Success of previous attempts by the juvenile court to
rehabilitate the minor.
   (5) The circumstances and gravity of the offenses alleged in the
petition to have been committed by the minor.
   A determination that the minor is a fit and proper subject to be
dealt with under the juvenile court law shall be based on a finding
of amenability after consideration of the criteria set forth above,
and findings therefore recited in the order as to each of the above
criteria that the minor is fit and proper under each and every one of
the above criteria. In making a finding of fitness, the court may
consider extenuating or mitigating circumstances in evaluating each
of the above criteria. 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 fitness
hearing and no plea which may have been entered already shall
constitute evidence at the hearing. If, pursuant to this subdivision,
the minor is found to be not a fit and proper subject for juvenile
court treatment and is tried in a court of criminal jurisdiction and
found guilty by the trier of fact, the judge may commit the minor to
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, in lieu of sentencing the minor to the state
prison, unless the limitations specified in Section 1732.6 apply.
   (d) (1) Except as provided in subdivision (b) of Section 602, the
district attorney or other appropriate prosecuting officer may file
an accusatory pleading in a court of criminal jurisdiction against
any minor 16 years of age or older who is accused of committing an
offense enumerated in subdivision (b).
   (2) Except as provided in subdivision (b) of Section 602, the
district attorney or other appropriate prosecuting officer may file
an accusatory pleading against a minor 14 years of age or older in a
court of criminal jurisdiction in any case in which any one or more
of the following circumstances apply:
   (A) The minor is alleged to have committed an offense that if
committed by an adult would be punishable by death or imprisonment in
the state prison for life.
   (B) The minor is alleged to have personally used a firearm during
the commission or attempted commission of a felony, as described in
Section 12022.5 or 12022.53 of the Penal Code.
   (C) The minor is alleged to have committed an offense listed in
subdivision (b) in which any one or more of the following
circumstances apply:
   (i) The minor has previously been found to be a person described
in Section 602 by reason of the commission of an offense listed in
subdivision (b).
   (ii) The offense was committed for the benefit of, at the
direction of, or in association with any criminal street gang, as
defined in subdivision (f) of Section 186.22 of the Penal Code, with
the specific intent to promote, further, or assist in criminal
conduct by gang members.
   (iii) The offense was committed for the purpose of intimidating or
interfering with any other person's free exercise or enjoyment of a
right secured to him or her by the Constitution or laws of this state
or by the Constitution or laws of the United States and because of
the other person's race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation, or because the minor
perceives that the other person has one or more of those
characteristics, as described in Title 11.6 (commencing with Section
422.55) of Part 1 of the Penal Code.
   (iv) The victim of the offense was 65 years of age or older, or
blind, deaf, quadriplegic, paraplegic, developmentally disabled, or
confined to a wheelchair, and that disability was known or reasonably
should have been known to the minor at the time of the commission of
the offense.
   (3) Except as provided in subdivision (b) of Section 602, the
district attorney or other appropriate prosecuting officer may file
an accusatory pleading in a court of criminal jurisdiction against
any minor 16 years of age or older who is accused of committing one
or more of the following offenses, if the minor
                              has previously been found to be a
person described in Section 602 by reason of the violation of a
felony offense, when he or she was 14 years of age or older:
   (A) A felony offense in which it is alleged that the victim of the
offense was 65 years of age or older, or blind, deaf, quadriplegic,
paraplegic, developmentally disabled, or confined to a wheelchair,
and that disability was known or reasonably should have been known to
the minor at the time of the commission of the offense.
   (B) A felony offense committed for the purposes of intimidating or
interfering with any other person's free exercise or enjoyment of a
right secured to him or her by the Constitution or laws of this state
or by the Constitution or laws of the United States and because of
the other person's race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation, or because the minor
perceived that the other person had one or more of those
characteristics, as described in Title 11.6 (commencing with Section
422.55) of Part 1 of the Penal Code.
   (C) The offense was committed for the benefit of, at the direction
of, or in association with any criminal street gang as prohibited by
Section 186.22 of the Penal Code.
   (4) In any case in which the district attorney or other
appropriate prosecuting officer has filed an accusatory pleading
against a minor in a court of criminal jurisdiction pursuant to this
subdivision, the case shall then proceed according to the laws
applicable to a criminal case. In conjunction with the preliminary
hearing as provided in Section 738 of the Penal Code, the magistrate
shall make a finding that reasonable cause exists to believe that the
minor comes within this subdivision. If reasonable cause is not
established, the criminal court shall transfer the case to the
juvenile court having jurisdiction over the matter.
   (5) For an offense for which the prosecutor may file the
accusatory pleading in a court of criminal jurisdiction pursuant to
this subdivision, but elects instead to file a petition in the
juvenile court, if the minor is subsequently found to be a person
described in subdivision (a) of Section 602, the minor shall be
committed to placement in a juvenile hall, ranch camp, forestry camp,
boot camp, or secure juvenile home pursuant to Section 730, or in
any institution operated by the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
   (6) If, pursuant to this subdivision, the minor is found to be not
a fit and proper subject for juvenile court treatment and is tried
in a court of criminal jurisdiction and found guilty by the trier of
fact, the judge may commit the minor to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, in lieu of
sentencing the minor to the state prison, unless the limitations
specified in Section 1732.6 apply.
   (e) A report submitted by a probation officer pursuant to this
section regarding the behavioral patterns and social history of the
minor being considered for a determination of unfitness shall include
any written or oral statement offered by the victim, the victim's
parent or guardian if the victim is a minor, or if the victim has
died, the victim's next of kin, as authorized by subdivision (b) of
Section 656.2. Victims' statements shall be considered by the court
to the extent they are relevant to the court's determination of
unfitness.
   SEC. 5.    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.  All matter omitted in this version of
the bill appears in the bill as introduced in the Senate January 6,
2014. (JR11)