HB440 By Representative Hill (J) RFD Judiciary Rd 1 17-MAR-16

SYNOPSIS: Under existing law, a case in which a child 14 years of age or more is alleged to have committed an act that would constitute a criminal offense if committed by an adult may be transferred from juvenile court to circuit court under certain conditions.

This bill would require the juvenile court clerk to forward to the circuit or district court all papers connected with the case within a specified time, would require the circuit or district court, within a specified time, to examine all orders, papers, reports, and studies and would require for reversion of the case to the juvenile court under certain conditions.

Also under existing law, a minor who has attained 16 years of age may be charged, arrested, and tried as an adult for capital offenses, other specified felonies, and certain lesser included offenses.

This bill would require the juvenile court to maintain jurisdiction for future charges relating to offenses not enumerated in the law if charges are filed, but the grand jury fails to indict or the charges are otherwise dismissed and to conduct a hearing under certain conditions.

This bill would allow a minor to file a motion requesting that the court determine if subjecting the minor to adult court jurisdiction is in the best interest of the individual and the public, would provide for the remand of the case to juvenile court upon certain findings.

A BILL TO BE ENTITLED AN ACT

To amend Sections 12-15-203 and 12-15-204, Code of Alabama 1975, to require the juvenile court clerk to forward to the circuit or district court all papers connected with the transfer of a minor's case within a specified time frame; to require the remand of the case to the juvenile court under certain conditions; to require the juvenile court to maintain jurisdiction for future charges of offenses not enumerated in the law allowing a minor to be charged as an adult under certain conditions; to allow a minor charged as an adult to file a motion requesting that the court determine if subjecting the minor to adult court jurisdiction is in the best interest of the individual and the public; to provide for a hearing; and to provide for the remand of the case to juvenile court under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 12-15-203 and 12-15-204, Code of Alabama 1975, are amended to read as follows:

§12-15-203.

"(a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult.

"(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution.

"(c) When there are grounds to believe that the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, the juvenile court judge shall order an examination pursuant to Section 12-15-130.

"(d) Evidence of the following and other relevant factors shall be considered in determining whether the motion shall be granted:

"(1) The nature of the present alleged offense.

"(2) The extent and nature of the prior delinquency record of the child.

"(3) The nature of past treatment efforts and the nature of the response of the child to the efforts.

"(4) Demeanor.

"(5) The extent and nature of the physical and mental maturity of the child.

"(6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.

"(e) Prior to a hearing on the motion by the prosecutor, a written study and report to the juvenile court judge, relevant to the factors listed in subsection (d), shall be made by a juvenile probation officer.

"(f) When a child is transferred for criminal prosecution, the juvenile court judge shall set forth in writing his or her reasons for granting the motion, which shall include a finding of probable cause for believing that the allegations are true and correct.

"(g) The finding of probable cause by the juvenile court judge shall preclude the necessity for a preliminary hearing subsequent to the transfer of the case for criminal prosecution, and the court having jurisdiction of the offense or offenses charged may exercise any authority over the case and the child, subsequent to the transfer, which is otherwise applicable to cases involving adult offenders pursuant to provisions of laws or rules of procedure adopted by the Supreme Court of Alabama.

"(h) A child who is transferred to a court for criminal prosecution shall be tried as an adult for the offense charged and all lesser included offenses of the offense charged.

"(i) A conviction or adjudication as a youthful offender of a child of a criminal offense, with the exception of a nonfelony traffic offense, shall not terminate the jurisdiction of the juvenile court over that child with respect to any future delinquent acts and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction or adjudication as a youthful offender. Any pending or future criminal acts committed by the child shall be prosecuted as other criminal charges are prosecuted. Termination of the jurisdiction of the juvenile court over the child with respect to future criminal charges and pending allegations of delinquency, as provided herein, shall not affect the jurisdiction of the juvenile court over the child with respect to any other matter provided in this chapter, specifically including any prior allegations of delinquency which, at the time of the criminal conviction, has been disposed of by the juvenile court either through informal adjustment, consent decree, or adjudication. The juvenile court is specifically authorized, to the extent practicable, to continue exercising its jurisdiction over the child with respect to such previously disposed delinquency cases after the termination of its jurisdiction with respect to other criminal charges, including jurisdiction to enforce its order requiring the payment of fines, costs, restitution, or other money ordered by the juvenile court pursuant to Section 12-15-117.

"(j) Within 10 days after the decision to transfer an individual pursuant to subsections (b) and (f), the clerk of the juvenile court shall forward to the circuit or district court all papers connected with the case, including the order required by subsection (f) and any report or study created pursuant to subsections (c) and (e).

"(k) If the individual is indicted for an offense not enumerated in subsection (a) of Section 12-15-204, the circuit or district court clerk shall transfer the case back to juvenile court within 10 days.

§12-15-204.

"(a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult:

"(1) A capital offense.

"(2) A Class A felony.

"(3) A felony which has as an element thereof the use of a deadly weapon.

"(4) A felony which has as an element thereof the causing of death or serious physical injury.

"(5) A felony which has as an element thereof the use of a dangerous instrument against any person who is one of the following:

"a. A law enforcement officer or official.

"b. A correctional officer or official.

"c. A parole or probation officer or official.

"d. A juvenile court probation officer or official.

"e. A district attorney or other prosecuting officer or official.

"f. A judge or judicial official.

"g. A court officer or official.

"h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.

"i. A teacher, principal, or employee of the public education system of Alabama.

"(6) Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.

"(7) Any lesser included offense of the above offenses charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed above. Provided, however, that the juvenile court shall maintain original jurisdiction over these lesser included offenses if in the event that the grand jury fails to indict for any of the offenses enumerated in subsections (a)(1) to (a)(6) subdivisions (1) to (6), inclusive the circuit or district court clerk shall transfer the case back to juvenile court within 10 days.

"(b) In the event that the grand jury indicts for any of the offenses enumerated in subdivisions (1) to (6) of subsection (a), and within 60 days of the indictment, the court shall conduct a hearing and make a written determination regarding whether adult court jurisdiction is in the best interest of the individual charged and the public. If the court finds that transfer is not in the best interest of the individual or the public, the court shall enter an order remanding the case to the juvenile court.

"(c)(1) In the event that any and all charges for offenses enumerated in subdivisions (1) to (6) of subsection (a) are dismissed, or a jury verdict or guilty plea results in conviction of only offenses that are not enumerated in subdivisions (1) to (6) of subsection (a), or for any other reason a prosecution in criminal court pursuant to this section results in conviction of only offenses that are not enumerated in subdivisions (1) to (6) of subsection (a), and no charge for any offense enumerated in those subdivisions remains pending, a individual charged pursuant to this section, or upon motion of the court, the court shall conduct a hearing as provided in subdivision (2). The juvenile court shall also maintain original jurisdiction over these lesser included offenses, subject to double jeopardy limitations, if the court handling criminal offenses dismisses all charges for offenses enumerated in subsections (a)(1) to (a)(6), inclusive.

"(2) In a hearing required under subdivision (1), within 60 days of the request, the court shall make a written determination regarding whether adult court jurisdiction is in the best interest of the individual charged and the public or if the charges are for offenses not enumerated subdivisions (1) to (6) of subsection (a). If the court finds that transfer is not in the best interest of the individual or the public or that the charges are for offenses not enumerated in subdivisions (1) to (6), the court shall enter an order remanding the case to the juvenile court.

"(b)(c) Notwithstanding any other provision of law, any person who has been convicted or adjudicated a youthful offender in a court handling criminal offenses pursuant to the provisions of this section shall not thereafter be subject to the jurisdiction of juvenile court for any pending or subsequent offense. Provided, however, pursuant to Section 12-15-117, the juvenile court shall retain jurisdiction over an individual of any age for the enforcement of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.

"(c)(d) This section shall apply to all cases in which the alleged criminal conduct occurred after April 14, 1994. All conduct occurring before April 14, 1994, shall be governed by pre-existing law."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Court, Juvenile

Minors

Children

Court, District

Court, Circuit

Crimes and Offenses

Criminal Law and Procedure

Code Amended