Juveniles: transfer to court of criminal jurisdiction.
Summary
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 or other prosecuting officer 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. Under existing law, in order to find that the minor should be transferred to a court of criminal jurisdiction, the court is required to find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. This bill would instead require that the court find by a preponderance of the evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 17, 2026
Last action Apr 21, 2026
Maddy AI version diff · 1 comparison
What changed between versions
02/17/26 - Introduced
→
AB2040
·
2 edits
MINOR
AB 2040 lowers the evidentiary standard required for a juvenile court to transfer a minor to adult criminal court. The bill changes the standard from 'clear and convincing evidence' to 'preponderance of the evidence' that the minor is not amenable to rehabilitation in juvenile court. This makes it easier for prosecutors to have juveniles tried as adults, as 'preponderance of the evidence' (more likely than not) is a significantly lower burden than 'clear and convincing evidence' (highly probable).
REQUIREMENT
The standard of proof for transferring a juvenile from juvenile court to adult criminal court is lowered from 'clear and convincing evidence' to 'preponderance of the evidence' that the minor is not amenable to rehabilitation while under juvenile court jurisdiction (Section 707(a)(3) of the Welfare and Institutions Code).
TECHNICAL
The remaining differences between versions are formatting and presentation changes only - the bill text is displayed from a web interface rather than as a formatted legislative document. The list of qualifying offenses in subdivision (b) and the evaluation criteria in subparagraphs (A) through (E) are unchanged.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
8
Key actions
6
Committee
7
Apr 21, 2026
Lower · Passed
From committee: Without further action pursuant to Joint Rule 62(a).
lower
Apr 21, 2026
Lower · Passed
In committee: Set, final hearing. Failed passage.
lower
Apr 14, 2026
Lower · Passed
In committee: Set, final hearing. Failed passage. Reconsideration granted.
lower
Apr 7, 2026
Lower · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
lower
Mar 18, 2026
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 2, 2026
Committee
Referred to Com. on PUB. S.
lower
Feb 18, 2026
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ali Macedo
RRepublican
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