Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2629Introduced by Assembly Member SantiagoFebruary 18, 2022 An act to amend Section 782 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 2629, as amended, Santiago. Juveniles: dismissals.Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court. This bill would make technical, nonsubstantive changes to these provisions. authorize a judge of a juvenile court to dismiss a petition pursuant to these provisions at any time after the filing of a petition, and regardless of whether the petition was sustained at trial, by admission or plea agreement. The bill would also create a rebuttable presumption, at the time the court terminates jurisdiction or any time thereafter, in favor of dismissal of a petition. The bill would only permit this presumption to be overcome by clear and convincing evidence that dismissal of the petition would endanger public safety, as defined. The bill would prohibit this presumption from being applied in cases where an individual has been convicted of a serious or violent felony, as defined, in adult criminal court.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 782 of the Welfare and Institutions Code is amended to read:782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.
Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2629Introduced by Assembly Member SantiagoFebruary 18, 2022 An act to amend Section 782 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 2629, as amended, Santiago. Juveniles: dismissals.Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court. This bill would make technical, nonsubstantive changes to these provisions. authorize a judge of a juvenile court to dismiss a petition pursuant to these provisions at any time after the filing of a petition, and regardless of whether the petition was sustained at trial, by admission or plea agreement. The bill would also create a rebuttable presumption, at the time the court terminates jurisdiction or any time thereafter, in favor of dismissal of a petition. The bill would only permit this presumption to be overcome by clear and convincing evidence that dismissal of the petition would endanger public safety, as defined. The bill would prohibit this presumption from being applied in cases where an individual has been convicted of a serious or violent felony, as defined, in adult criminal court.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 24, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2629
Introduced by Assembly Member SantiagoFebruary 18, 2022
Introduced by Assembly Member Santiago
February 18, 2022
An act to amend Section 782 of the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2629, as amended, Santiago. Juveniles: dismissals.
Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court. This bill would make technical, nonsubstantive changes to these provisions. authorize a judge of a juvenile court to dismiss a petition pursuant to these provisions at any time after the filing of a petition, and regardless of whether the petition was sustained at trial, by admission or plea agreement. The bill would also create a rebuttable presumption, at the time the court terminates jurisdiction or any time thereafter, in favor of dismissal of a petition. The bill would only permit this presumption to be overcome by clear and convincing evidence that dismissal of the petition would endanger public safety, as defined. The bill would prohibit this presumption from being applied in cases where an individual has been convicted of a serious or violent felony, as defined, in adult criminal court.
Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court.
This bill would make technical, nonsubstantive changes to these provisions. authorize a judge of a juvenile court to dismiss a petition pursuant to these provisions at any time after the filing of a petition, and regardless of whether the petition was sustained at trial, by admission or plea agreement. The bill would also create a rebuttable presumption, at the time the court terminates jurisdiction or any time thereafter, in favor of dismissal of a petition. The bill would only permit this presumption to be overcome by clear and convincing evidence that dismissal of the petition would endanger public safety, as defined. The bill would prohibit this presumption from being applied in cases where an individual has been convicted of a serious or violent felony, as defined, in adult criminal court.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 782 of the Welfare and Institutions Code is amended to read:782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 782 of the Welfare and Institutions Code is amended to read:782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.
SECTION 1. Section 782 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.
782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.
782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.
782. (a) (1) A judge of the juvenile court in which a petition was filed may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the courts jurisdiction over that person terminates and the point at which their petition is dismissed.
(2) (A) When exercising its discretion under paragraph (1), at the time the court terminates jurisdiction, or at any time thereafter, there shall be a presumption that the interests of justice and the welfare of the person who is the subject of the petition favor that dismissal. This presumption shall not be overcome unless there is clear and convincing evidence that dismissal of the petition would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the petition would result in physical injury or other serious danger to others.
(B) The presumption under this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony.
(C) For the purposes of subparagraph (B), a serious or violent felony means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code.
(D) The absence of a presumption under the circumstances described in this paragraph shall not affect the courts authority under paragraph (1).
(b) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition.
(c) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement.