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Bill > S1498


FL S1498

FL S1498
Direct Filing of an Information


summary

Introduced
01/05/2022
In Committee
01/12/2022
Crossed Over
Passed
Dead
03/14/2022

Introduced Session

2022 Regular Session

Bill Summary

Prohibiting a jail or other facility intended or used for the detention of adults from holding a child who has been transferred to adult court for criminal prosecution before a specified hearing to determine if the child should be prosecuted as an adult, unless the child waives his or her right to such hearing; deleting references to the state attorney's discretion to direct file a juvenile; 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, etc.

AI Summary

This bill prohibits jails or other adult detention facilities from holding children who have been transferred to adult court for criminal prosecution, unless the child waives their right to a due process evidentiary hearing to determine if they should be prosecuted as an adult. It also requires the court to advise the child and their parent or guardian of the child's right to this hearing upon the state attorney filing an information (charges) transferring the child to adult court. The bill establishes a detailed judicial process for this due process hearing, including specific factors the judge must consider in making the determination. It also clarifies the effect of direct file (transferring a child to adult court) and includes provisions for the handling of related felony cases.

Committee Categories

Justice

Sponsors (1)

Last Action

Died in Criminal Justice (on 03/14/2022)

bill text


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