AB-2040 • 2026

Juveniles: transfer to court of criminal jurisdiction.

Children Crime Elections

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Macedo
Last action: 2026-04-21
Official status: From committee: Without further action pursuant to Joint Rule 62(a).
Effective date: Not listed

Plain English Breakdown

The official source material does not specify the age range for minors who can be transferred from juvenile court to criminal court as including those aged 16. It only mentions ages 14 and 15.

Juveniles: Changing Rules for Court Transfers

This law changes how courts decide if a young person should be tried as an adult instead of in juvenile court.

What This Bill Does

Changes the standard of proof needed to transfer minors from juvenile court to criminal court.
Requires that courts use 'preponderance of evidence' rather than 'clear and convincing evidence' when deciding if a minor is not amenable to rehabilitation in juvenile court.

Who It Names or Affects

Minors aged 14 to 15 who are accused of serious crimes but were not apprehended before turning 16.
District attorneys and other prosecuting officers making decisions about court transfers.
Courts deciding whether to transfer minors from juvenile court to criminal court.

Terms To Know

preponderance of evidence: A standard that means there is more than a 50% chance that something is true.
clear and convincing evidence: A higher standard that requires strong proof to be sure something is true.

Limits and Unknowns

The bill does not specify what happens if the minor was apprehended before turning 18.
It's unclear how this will affect court decisions in specific cases.

Bill History

2026-04-21 California Legislative Information
From committee: Without further action pursuant to Joint Rule 62(a).
2026-04-21 California Legislative Information
In committee: Set, final hearing. Failed passage.
2026-04-14 California Legislative Information
In committee: Set, final hearing. Failed passage. Reconsideration granted.
2026-04-07 California Legislative Information
In committee: Set, second hearing. Hearing canceled at the request of author.
2026-03-18 California Legislative Information
In committee: Set, first hearing. Hearing canceled at the request of author.
2026-03-02 California Legislative Information
Referred to Com. on PUB. S.
2026-02-18 California Legislative Information
From printer. May be heard in committee March 20.
2026-02-17 California Legislative Information
Read first time. To print.

Official Summary Text

AB 2040, as introduced, Macedo.
Juveniles: transfer to court of criminal jurisdiction.
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.

Current Bill Text

Read the full stored bill text

Download Bill PDF