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Bill > H1027


FL H1027

FL H1027
Direct Filing of an Information


summary

Introduced
12/27/2021
In Committee
01/07/2022
Crossed Over
Passed
Dead
03/14/2022

Introduced Session

2022 Regular Session

Bill Summary

An act relating to direct filing of an information; amending s. 985.265, F.S.; prohibiting a child who has been transferred to adult court for criminal prosecution pursuant to direct file from being held in a jail or other facility used for the detention of adults before a specified hearing to determine if the child should be prosecuted as an adult; amending s. 985.557, F.S.; removing references to the state attorney's discretion to direct file a juvenile; revising discretionary direct file criteria; requiring a court to advise a child and his or her parent or guardian of the child's right to a certain due process evidentiary hearing upon a state attorney filing an information transferring a child to adult court; authorizing the child or the child's parent or guardian to request an evidentiary hearing; requiring the judge to conduct the hearing within a certain timeframe; requiring a judge to consider specified information and factors; authorizing a judge to consider certain reports; providing for continued jurisdiction with regard to the child; providing an exception; requiring the adult court to render an order that includes certain findings; authorizing review of the order; providing an effective date. hb1027-00 HB 1027

AI Summary

This bill prohibits a child who has been transferred to adult court for criminal prosecution from being held in a jail or other adult detention facility before a court hearing to determine if the child should be prosecuted as an adult. It removes the state attorney's discretion to directly file a juvenile case in adult court and instead requires a due process evidentiary hearing where the judge must consider various factors to determine if the child should be prosecuted as an adult. The bill also authorizes the child or their parent/guardian to request this evidentiary hearing. If the judge determines the child should not be prosecuted as an adult, the case will remain in juvenile court.

Committee Categories

Justice

Sponsors (2)

Last Action

Died in Criminal Justice & Public Safety Subcommittee (on 03/14/2022)

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