SACRAMENTO – Assemblyman James Gallagher (R-East Nicolaus) today announced the introduction of AB 1968 to amend Welfare and Institutions Code Section 707(b) by adding “conspiracy to commit murder” as a qualifying offense that can trigger heightened juvenile court handling and enhanced disposition options for juvenile offenders.
The bill has strong support from Tehama County law enforcement leaders, including Sheriff Dave Kain and District Attorney Matt Rogers, who have jointly called for greater tools and accountability to juvenile prosecution laws following the Evergreen Middle School case.
The proposed change addresses a gap in current law exposed by the Evergreen Middle School case in Tehama County, where two juveniles were arrested in May 2025 after a tip from a Tennessee teenager during an online gaming chat revealed their violent plans. Evidence included a manifesto outlining the attack, photos of the teens posing like past mass shooters, videos of firearms practice and testing homemade explosive devices, and two destructive devices found during a home search—all intended to inflict mass casualties at the school.
The 15-year-old was convicted of attempted first-degree murder, possession of materials to construct a destructive device, and possession of a destructive device, receiving a four-year sentence in Secure Youth Treatment. However, despite strong evidence of shared culpability and premeditated intent, the 14-year-old was convicted primarily of conspiracy to commit murder but not attempted murder and received a sentence of just 364 days in juvenile hall—prompting widespread concern that current statutes do not adequately address the severity of premeditated planned acts of violence.
“Conspiracy to commit murder is a grave offense that poses an extraordinary risk to public safety, especially in a school setting where dozens of lives were targeted. To prove this crime, the prosecution must show an agreement between two or more individuals to commit murder, plus at least one overt act in furtherance of that deadly plan. Current law undermines our ability to hold offenders accountable proportionate to the life-threatening intent involved,” said Tehama County District Attorney Matt Rogers.
Tehama County Sheriff Dave Kain publicly called for reform following the thwarted plot, sending a letter to Assemblyman Gallagher urging changes to juvenile sentencing so that penalties reflect the gravity of crimes—particularly in cases of planned school violence.
“While rehabilitation remains an important goal in our juvenile justice system, California’s current framework too often prioritizes it over accountability, even in cases of planned premeditated acts of extreme violence. We must strike a better balance that incorporates justice, deterrence, and community safety to ensure meaningful consequences for the most serious offenses,” said Sheriff Kain.
Under current law, a juvenile charged with specified serious offenses under WIC §707(b) may be subject to heightened juvenile court handling, including potential commitment to a Secure Youth Treatment Facility (SYTF) for adjudicated youth aged 14 or older. Additionally, for those 16 and older, the district attorney may motion for a fitness hearing to transfer the case to adult criminal court. Conspiracy to commit murder is not explicitly listed, despite often involving equivalent planning and risk of multiple deaths. This bill closes that gap, treating documented conspiracies to murder with the seriousness they warrant, particularly in school or mass threat contexts.
“This reform is about protecting our kids and communities from planned violence while giving prosecutors and judges the tools to respond proportionately,” said Assemblyman Gallagher. “The Evergreen case shows how close we came to tragedy, and how current law can fall short when minors conspire to kill. Sheriff Kain’s powerful words and call for change are spot on: we need accountability that matches the intent behind these plots. This targeted addition to WIC 707(b) ensures serious conspiracies receive serious review, without overhauling the entire juvenile system.”
For more information on Assemblyman Gallagher, and to track legislation visit www.assembly.ca.gov/Gallagher
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Assemblyman James Gallagher represents the 3rd Assembly District, encompassing all of Butte, Glenn, Sutter, Tehama, and Yuba counties and portions of Placer County.