CA AB2040

Lowers the evidentiary standard for transferring juveniles to adult criminal court from "clear and convincing evidence" to "preponderance of the evidence" when determining a minor is not amenable to rehabilitation in juvenile court

Applies to minors 16 years or older charged with any felony, and minors 14-15 years old charged with serious offenses like murder, rape, robbery, kidnapping, arson, and other violent felonies

Modifies Section 707 of the Welfare and Institutions Code, which was previously amended by Proposition 57 (2016)

Courts must still evaluate five criteria before transfer: degree of criminal sophistication, rehabilitation potential, previous delinquent history, success of prior rehabilitation attempts, and circumstances/gravity of the alleged offense

Introduced by Assembly Member Macedo on February 17, 2026; requires majority vote and fiscal committee review