Bill > HB2636

This bill introduces several key provisions related to juvenile offenders in Arizona, focusing on age, criminal responsibility, and sentencing. First, the bill establishes that children 13 years old and younger may request a judicial finding that their young age should excuse them from criminal responsibility as an adult, with the burden of proof being on the juvenile to demonstrate a lack of maturity by clear and convincing evidence. The bill specifically excludes certain serious offenses from this provision. Second, the bill clarifies that children 7 years old and younger cannot be prosecuted under Title 13 or Title 8, effectively setting a minimum age for criminal prosecution. Third, the bill introduces a new process where juveniles who committed offenses before turning 18 can request a special penalty recommendation after trial, allowing the trier of fact (jury or court) to consider the juvenile's age and maturity characteristics when determining an appropriate sentence. While this recommendation is not binding, it authorizes the court to potentially reduce the sentence if it serves the interests of justice. The legislative findings indicate that this approach aligns with historical legal principles recognizing that children's mental and emotional capacities differ from adults, and responds to a recent Arizona Supreme Court recommendation for clearer guidelines on juvenile prosecutions.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/82483