Bill > S544

Introduced Session

This bill would provide for automatic waiver of juveniles from family court to adult court if they are repeat offenders. Specifically, a juvenile 14 years of age or older who is charged with one of the enumerated serious crimes listed under the bill would be automatically waived from family court to adult court if that juvenile has two previous adjudications of delinquency or convictions for any of those enumerated crimes. The enumerated crimes include: homicide, strict liability for drug induced deaths, first degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated arson, and certain gang-related crimes. Under current law, cases involving juveniles 14 years of age or older who are charged with these serious crimes may be transferred without the juvenile's consent from family court to adult court upon motion of the prosecutor. Waiver will not be granted if these juveniles can show that they can rehabilitated by the time they reach 19 years of age. Under the bill, there would be no prosecutorial discretion or opportunity to show rehabilitation. Juveniles with two adjudications or convictions who are charged with a subsequent serious crime automatically would be tried in adult court.

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Kristin Corrado (R)*,  Kevin O'Toole (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/12/2016)