SB108 By Senator Whatley RFD Judiciary Rd 1 02-FEB-16

SYNOPSIS: Under existing law, a person charged with a crime that is committed when he or she is under the age of 19 may be charged as a youthful offender.

This bill would change the threshold age of a youthful offender.

This bill would specify that a judge may use his or her discretion in determining whether to consider a prior adjudication as a youthful offender of a person who subsequently commits another crime.

This bill would also expunge the record of a youthful offender.

A BILL TO BE ENTITLED AN ACT

Relating to youthful offenders; to amend Sections 15-19-1 and 15-19-7, as amended by Act 2015-463, Code of Alabama 1975; to change the threshold age of a youthful offender; to specify that a judge may use his or her discretion in determining whether to consider a prior adjudication as a youthful offender of a person who subsequently commits another crime; and to expunge the record of a youthful offender.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 15-19-1 and 15-19-7, as amended by Act 2015-463, Code of Alabama 1975, are amended to read as follows:

§15-19-1.

"(a) A person charged with a crime which was committed in his or her minority when he or she was under the age of 23, or if he or she was a full-time student at the time, under the age of 25, but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall, and, if charged with a lesser crime may be investigated and examined by the court to determine whether he or she should be tried as a youthful offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to the defendant. If the defendant consents and the court so decides, no further action shall be taken on the indictment or information unless otherwise ordered by the court as provided in subsection (b). Nothing in this chapter shall affect the authority of the court to grant youthful offender status to a defendant who was granted youthful offender status in any prior case.

"(b) After such investigation and examination, the court, in its discretion, may direct that the defendant be arraigned as a youthful offender, and no further action shall be taken on the indictment or information; or the court may decide that the defendant shall not be arraigned as a youthful offender, whereupon the indictment or information shall be deemed filed.

"(c) In addition to the provisions of subsections (a) and (b), when the defendant is charged with a crime that contains as an element of the crime or an allegation related to the charge that the defendant intentionally inflicted serious physical injury or intentionally killed the victim in the commission of the crime, prior to conducting a hearing or examination on whether the defendant will be arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall conduct an evidentiary hearing on the allegations of the crime and the extent of injuries of the victim and shall consider the evidence prior to determining youthful offender status. The failure to provide a right, privilege, or notice to a victim under this subsection shall not be grounds for the defendant or victim to seek to have the disposition of the case set aside.

§15-19-7.

"(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime; provided, however, that if he is subsequently convicted of crime, the prior adjudication as youthful offender shall may be considered.

(b) The fingerprints and photographs and other records of a person adjudged a youthful offender shall not be open to public inspection unless the person adjudged a youthful offender is treated as an adult sex offender according to Section 15-20A-35; provided, however, that the court may, in its discretion, permit the inspection of papers or records.

(c) Prosecutors representing the State of Alabama shall have access to fingerprints, photographs, and other records of a person adjudged a youthful offender contained in the court file regardless of the jurisdiction from which the file originates. Upon completion of any sentence and probation, including the payment of any court ordered monies, the criminal record of a youthful offender shall be expunged, unless the youthful offender is treated as an adult sex offender according to Section 15-20A-35, in which case the criminal record may be expunged at the discretion of the court.

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.

Youthful Offenders

Crimes and Offenses

Criminal Law and Procedure

Courts

Code Amended