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2014 California Rules of Court

Rule 5.766. General provisions

(a) Fitness hearing (§ 707)

A child who is the subject of a petition under section 602(a) and who was 14 years or older at the time of the alleged offense may be considered for prosecution under the general law in a court of criminal jurisdiction. The prosecuting attorney may request a hearing to determine whether the child is a fit and proper subject to be dealt with under the juvenile court law, in one of the following circumstances:

(1)Under section 707(a)(1), the child was 16 years or older at the time of the alleged offense if the offense is not listed in section 707(b).

(2)Under section 707(a)(2), the child was 16 years or older at the time of the alleged felony offense not listed in section 707(b) and has been declared a ward of the court under section 602 on at least one prior occasion and:

(A)The child has previously been found to have committed two or more felony offenses; and

(B)The felony offenses in the previously sustained petitions were committed when the child was 14 years or older.

(3)Under section 707(c), the child was 14 years or older at the time of the alleged offense listed in section 707(b).

(Subd (a) amended effective January 1, 2001; previously amended January 1, 1996.)

(b) Notice (§ 707)

Notice of the fitness hearing must be given at least five judicial days before the fitness hearing.

(Subd (b) amended effective January 1, 2007.)

(c) Time of fitness hearing-rules 5.774, 5.776

The fitness hearing must be held and the court must rule on the issue of fitness before the jurisdiction hearing begins. Absent a continuance, the jurisdiction hearing must begin within the time limits under rule 5.774.

(Subd (c) amended effective January 1, 2007.)

Rule 5.766 amended and renumbered effective January 1, 2007; adopted as rule 1480 effective January 1, 1991; previously amended January 1, 1996, and January 1, 2001.

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