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2017 California Rules of Court

Rule 5.766. General provisions

(a) Hearing on transfer of jurisdiction to criminal court (§ 707)

A child who is the subject of a petition under section 602 and who was 14 years or older at the time of the alleged felony offense may be considered for prosecution under the general law in a court of criminal jurisdiction. The district attorney or other appropriate prosecuting officer may make a motion to transfer the child from juvenile court to a court of criminal jurisdiction, in one of the following circumstances:

(1)The child was 14 years or older at the time of the alleged offense listed in section 707(b).

(2)The child was 16 years or older at the time of the alleged felony offense.

(Subd (a) amended effective May 22, 2017; previously amended effective January 1, 1996, and January 1, 2001.)

(b) Notice (§ 707)

Notice of the transfer hearing must be given at least five judicial days before the hearing. In no case may notice be given following the attachment of jeopardy.

(Subd (b) amended effective May 22, 2017; previously amended effective January 1, 2007.)

(c) Prima facie showing

On the child's motion, the court must determine whether a prima facie showing has been made that the offense alleged is an offense that makes the child subject to transfer as set forth in subdivision (a).

(Subd (c) adopted effective May 22, 2017.)

(d) Time of transfer hearing-rules 5.774, 5.776

The transfer of jurisdiction hearing must be held and the court must rule on the request to transfer jurisdiction before the jurisdiction hearing begins. Absent a continuance under rule 5.776 or the child's waiver of the statutory time period to commence the jurisdiction hearing, the jurisdiction hearing must begin within the time limits under rule 5.774.

(Subd (d) amended and relettered effective May 22, 2017; adopted as subd (c); previously amended effective January 1, 2007.)

Rule 5.766 amended effective May 22, 2017; adopted as rule 1486 effective January 1, 1991; previously amended and renumbered effective January 1, 2007.

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