summary
Introduced
10/25/2021
10/25/2021
In Committee
11/05/2021
11/05/2021
Crossed Over
Passed
Dead
03/14/2022
03/14/2022
Introduced Session
2022 Regular Session
Bill Summary
An act relating to prosecuting children as adults; amending s. 985.556, F.S.; deleting provisions under which a state attorney must either request a court to transfer and certify children of certain ages who commit specified crimes for prosecution as adults or provide written reasons to the court for not making such a request, or must proceed under certain provisions; amending s. 985.557, F.S.; revising the circumstances under which a state attorney may file an information in cases that involve children of certain ages who commit certain crimes; amending s. 985.56, F.S.; providing that children 14 years of age or older, rather than children of any age, who are charged with certain offenses are subject to court jurisdiction until an indictment is returned; prohibiting the transfer of a child to adult court for criminal prosecution of an indictable offense until the child's competency has been restored in certain circumstances; providing for the tolling of certain time limits; authorizing, rather than requiring, a child who is found to have committed specified crimes to be sentenced according to certain provisions; amending s. 985.565, F.S.; authorizing, rather than requiring, a child to be sentenced as an adult if the hb0407-00 HB 407 child is found to have committed an offense punishable by death or life imprisonment; conforming provisions to changes made by the act; amending s. 985.03, F.S.; conforming a cross-reference; providing an effective date.
AI Summary
This bill amends sections of Florida's laws related to prosecuting children as adults. The key provisions are:
1. It removes the requirement for a state attorney to either request a court to transfer and certify certain children for prosecution as adults or provide written reasons for not doing so. Instead, it gives the state attorney discretionary authority to file an information to prosecute children as adults in certain cases.
2. It revises the circumstances under which a state attorney can file an information to prosecute a child as an adult, including expanding the eligible offenses and ages.
3. It requires that a child's competency be restored before they can be transferred to adult court for criminal prosecution of an indictable offense.
4. It changes the sentencing options, making it discretionary rather than mandatory for a child found to have committed certain serious offenses to be sentenced as an adult.
The bill is intended to give state attorneys more discretion in determining whether to prosecute certain children as adults rather than having mandatory requirements.
Committee Categories
Justice
Sponsors (2)
Last Action
Died in Criminal Justice & Public Safety Subcommittee (on 03/14/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2022/407 |
| Bill | https://www.flsenate.gov/Session/Bill/2022/407/BillText/Filed/PDF |
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