Defense Brief Motion Bank

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CA AB 2636 2025-2026 chaptered

Juveniles

Chaptered bank: none

Chaptered. Effective date is not on the official record yet.

Official status checked 2026-10-04 23:47 PT

Asm. Blanca Pacheco · Last amended 2026-03-16

Bill summary

Existing law subjects a person between 12 and 17 years of age, inclusive, who commits a crime, and a person under 12 years of age who commits specified crimes, to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court.

Under existing law, as added by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, a minor may be eligible for deferred entry of judgment if certain circumstances apply, including, among others, that the minor has not previously been declared to be a ward of the court for the commission of a felony offense.

Existing law requires, once eligibility is established, the court to determine whether the minor is suitable for deferred entry of judgment and would benefit from education, treatment, and rehabilitation efforts.

This bill would require the court to consider whether the minor is charged with an offense of carrying a loaded firearm, as specified, when evaluating suitability of the minor for deferred entry of judgment.

Now vs if chaptered

NOW: chaptered as Ch. 464 (Sept. 26, 2026). Default effective January 1, 2027. Suitability factor only; not a bar and not a new charge.

Defender utility

Juvenile PDs on loaded-carry calendars: Ch. 464 does not disqualify a minor from deferred entry of judgment. Eligibility under §790(a) is unchanged. Argue that 'shall consider' §25850 is a suitability factor, not a mandate to deny. Do not let a prosecutor treat this chapter as a loaded-carry DEJ ban. Not a charging statute.

Who this is for. Juvenile PDs on §25850 loaded-carry DEJ calendars — consideration is not a bar.

Key dates

Chapter
464
Approved
2026-09-26
Chaptered
2026-09-26
Introduced
2026-02-20
Default effective
2027-01-01

Exemptions (draft)

All existing §790(a) eligibility criteria still apply. Transfer-county courts may still defer the suitability finding.

Penalties (if chaptered)

None. Does not create or expand a crime.

AB-2636 california juvenile DEJ 25850 loaded-carry chaptered Ch-464