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2014 California Rules of Court

Rule 4.116. Certification to juvenile court

(a) Application

This rule applies to all cases not filed in juvenile court in which the person charged by an accusatory pleading appears to be under the age of 18, except (1) when the child has been found not a fit and proper subject to be dealt with under the juvenile court law or (2) when the prosecution was initiated as a criminal case under Welfare and Institutions Code section 602(b) or 707(d).

(Subd (a) amended effective January 1, 2007; adopted effective January 1, 2001.)

(b) Procedure to determine whether certification is appropriate

If an accusatory pleading is pending, and it is suggested or it appears to the court that the person charged was under the age of 18 on the date the offense is alleged to have been committed, the court must immediately suspend proceedings and conduct a hearing to determine the true age of the person charged. The burden of proof of establishing the age of the accused person is on the moving party. If, after examination, the court is satisfied by a preponderance of the evidence that the person was under the age of 18 on the date the alleged offense was committed, the court must immediately certify the matter to the juvenile court and state on the certification order:

(1)The crime with which the person named is charged;

(2)That the person was under the age of 18 on the date of the alleged offense;

(3)The date of birth of the person;

(4)The date of suspension of criminal proceedings; and

(5)The date and time of certification to juvenile court.

(Subd (b) amended effective January 1, 2007; adopted as untitled subd effective January 1, 1991; previously amended and lettered effective January 1, 2001.)

(c) Procedure on certification

If the court determines that certification to the juvenile court is appropriate under (b), copies of the certification, the accusatory pleading, and any police reports must immediately be transmitted to the clerk of the juvenile court. On receipt of the documents, the clerk of the juvenile court must immediately notify the probation officer, who must immediately investigate the matter to determine whether to commence proceedings in juvenile court.

(Subd (c) amended effective January 1, 2007; adopted as untitled subd effective January 1, 1991; previously amended and lettered effective January 1, 2001.)

(d) Procedure if child is in custody

If the person is under the age of 18 and is in custody, the person must immediately be transported to the juvenile detention facility.

(Subd (d) amended effective January 1, 2007; adopted as untitled subd effective January 1, 1991; previously amended and lettered effective January 1, 2001.)

Rule 4.116 amended effective January 1, 2007; adopted as rule 241.2 effective January 1, 1991; previously amended July 1, 1991; previously amended and renumbered effective January 1, 2001.

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