SB 406
Modifies provisions relating to the certification of juveniles for trial as adults
Sponsor:
LR Number:
1396S.01I
Last Action:
3/27/2023 - SCS Voted Do Pass (SCS w/SBs 406 & 423) Judiciary and Civil and Criminal Jurisprudence Committee (1396S.05C)
Journal Page:
Title:
Effective Date:
August 28, 2023

Current Bill Summary

SCS/SBs 406 & 423 - This act modifies provisions relating to criminal procedures involving juveniles.

JURISDICTION OF JUVENILE COURTS (Section 211.031)

Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred.

This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to provisions in HCS/SS#3/SB 22 (2023).

CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.600, & 217.345)

Under current law, a child between the ages of 12 and 18 may be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 14 and 18 years old.

Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act adds that a child between 12 and 18 years old shall have a certification hearing for certain offenses. This act also adds dangerous felonies to such offenses.

This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults.

Finally, this act modifies provisions relating to correctional treatment programs for offenders 18 years of age or younger. Such programs shall include physical separation from offenders older than 18 years of age and shall include education programs that award high school diplomas or its equivalent.

This act contains an emergency clause for certain provisions.

These provisions is identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), HCS/SS#3/SB 22 (2023) and HCS/HB 12 (2020).

MARY GRACE PRINGLE

Amendments

No Amendments Found.