Bill > S4837

Introduced Session

This bill requires waiver of a juvenile to adult criminal court for certain criminal homicide offenses involving stalking. Under current law, juveniles 15 years of age and older at the time of the alleged delinquent act who are charged with certain offenses, including criminal homicide, other than death by auto, are eligible to be waived to adult criminal court. Under this bill, the court is required to waive a juvenile 15 years of age or older at the time of the alleged delinquent act to adult criminal court if there is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute criminal homicide, other than death by auto, and there is probable cause to believe the juvenile engaged in conduct directed at the victim of the criminal homicide, other than death by auto, which constitutes stalking under current law. The bill also provides that the court is to conduct a hearing to receive evidence offered by the State and by the juvenile. The State is required to provide proof to satisfy the requirements for waiver set forth under the bill. Under the bill, testimony of a juvenile at a hearing to determine referral under the bill is not admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense. Further, consistent with current statutory law regarding waiver of a juvenile, the bill provides that a juvenile whose case was waived would serve the juvenile's sentence in a juvenile facility rather than an adult facility. Under the bill, the juvenile's case is to proceed in the adult criminal court as if the case originated there, including through sentencing; however, there is a presumption that the juvenile will serve a custodial sentence in a juvenile facility until the juvenile reaches the age of 21. Juveniles under 21 years of age may be required to serve the sentence in a State correctional facility if the Youth Justice Commission finds the juvenile's continued presence in the facility threatens the public safety, the safety of juvenile offenders, or the operations of the commission. Also, a juvenile may continue to serve a sentence in a juvenile facility after reaching the age of 21 in the discretion of the commission and if the juvenile consents. Finally, consistent with current statutory law regarding waiver of a juvenile, under the bill, certain juvenile cases waived to an adultcriminal court will be remanded to the juvenile court for sentencing. Specifically, if a juvenile was not convicted of the offense on whichthe waiver was based, but was convicted of another offense, the billdirects that offense be deemed a juvenile adjudication and be remanded to the juvenile court for a disposition. The juvenile, therefore, would be subject to the penalties under the juvenile code, rather than those under the adult criminal code.

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Tony Bucco (R)*,  Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 11/10/2025)

Official Document