AB 2698

AB2698:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2698

An act to amend Section 215 of the Penal Code, add and repeal Article 18.3 (commencing with Section 742.01) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, relating to crimes. juveniles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2698, as amended, Ellis. Crimes: carjacking. Juveniles: diversion.

Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities.Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, 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. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition, as specified. Existing law authorizes a probation officer who concludes that a minor is within the jurisdiction of the juvenile court or would come within the jurisdiction of the court if a petition was filed, in lieu of filing a petition to declare a minor a ward of the court or requesting that a petition be filed by the prosecuting attorney, to declare a minor a ward of the court, as specified, to refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate nonlaw enforcement agency, or the probation department.This bill would authorize, until January 1, 2030, the Office of Youth and Community Restoration to establish a grant program to create a youth court diversion pilot program. The bill would authorize the office, upon appropriation by the Legislature, to award 6 one-time grants to 6 counties to establish a youth diversion program for first-time misdemeanor juvenile offenders. The bill would specify the criteria for a juvenile to participate in the pilot program, including, among other things, the types of offenses for which a juvenile may participate in the pilot program. The bill would require that juveniles participating in the program appear before a jury composed of high school student volunteers who have been trained and mentored by attorneys from the district attorney and public defender’s offices. The bill would require the student volunteers to determine a disposition, as specified, and would prohibit the student jury from making a determination of guilt or innocence. The bill would specify the minimum requirements for youth court diversion proceedings pursuant to these provisions. The bill would also require participating counties to annually provide a report to the office regarding the juveniles who have completed the program.

Under existing law, carjacking is the felonious taking of a motor vehicle in the possession of another from their person or immediate presence, or from the person or immediate presence of a passenger, against their will, and with intent either to permanently or temporarily deprive the person in possession of their possession, accomplished by means of force or fear. Carjacking is punishable by imprisonment in state prison for 3, 5, or 9 years.

This bill would increase the punishment to 4, 6, or 10 years.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Article 18.3 (commencing with Section 742.01) is added to Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, to read:

Article 18.3. Youth Court Diversion Grant Program742.01. (a) The Office of Youth and Community Restoration shall establish a grant program to create a youth court diversion pilot program throughout the state. Six one-time grants shall be made, upon appropriation by the Legislature, to two counties in northern California, two counties in the central California, and two counties in southern California.(b) Grant moneys shall be used by counties to establish a three-year pilot program in which local police departments partner with district attorney offices, courts, and local school districts to enact a youth diversion program for first-time misdemeanor juvenile offenders.(c) Juvenile offender may participate in the youth diversion pilot program if they meet all of the following requirements:(1) The offense is the juvenile’s first offense.(2) The juvenile is 17 years of age or younger.(3) The juvenile committed any of the following offenses:(A) Petty theft.(B) Vandalism.(C) Battery. In the case of battery, the victim of the offense shall agree to the juvenile’s participation in the youth diversion program.(D) Possession of drug paraphernalia.(E) Possession of marijuana.(F) Possession of a controlled substance.(d) Juveniles participating in the program shall appear before a jury of their peers that is composed of volunteers from their local high school. Student volunteers shall participate as the prosecutor and defense attorney for the purposes of this pilot program. The student volunteers shall be trained and mentored by an attorney from the district attorney’s office and the public defender’s office. The court shall oversee the proceedings.(e) A county electing to participate in the program shall impose, at a minimum, all of the following requirements for youth diversion proceedings conducted pursuant to this section:(1) No cellular phones are permitted in the courtroom.(2) The last name of the juvenile shall not be disclosed.(3) A student volunteer who knows the juvenile shall be removed from the diversion proceedings.(4) The student jury shall only determine a disposition and shall not make a determination of guilt or innocence.(5) The student jury shall select one of the following dispositions:(A) Community service, with a minimum of 10 hours and a maximum of 40 hours.(B) Youth court jury duty, with a minimum of one time and a maximum of three times.(6) The student jury may impose any of the following in addition to the disposition selected pursuant to paragraph (5):(A) A curfew of 7 p.m., 8 p.m., or 9 p.m.(B) Grade or attendance monitoring by the probation department.(C) Counseling or management services offered through school, health, or other community-based services.(D) Completion of a life plan essay.(E) Completion of an apology letter ranging from one to three pages in length.(f) Participating counties shall annually report the number of juveniles who have completed the diversion program and the recidivism rate of juveniles who participated in the program. In determining the recidivism rate, the participating county shall complete a check for recidivism for each participating juvenile at six months after their completion of the diversion program.742.02. This article shall remain in effect only until January 1, 2030, and as of that date is repealed.

SECTION 1.Section 215 of the Penal Code is amended to read:

215.

(a)“Carjacking” is the felonious taking of a motor vehicle in the possession of another, from their person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against their will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of their possession, accomplished by means of force or fear.

(b)Carjacking is punishable by imprisonment in the state prison for a term of 4, 6, or 10 years.

(c)This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.