SB 0059 | Juvenile crimes |
Sponsor: | GOODE | ||
Committee: | CIVI | LR Number: | S0240.01I |
Last Action: | 02/01/95 - Bill Combined w/SCS/SB 40, 267, 262, 59, 6 & 19 | ||
Title: | SCS/SB 40, 267, 262, 59, 6 & 1 | ||
Effective Date: | August 28, 1995 | ||
SB 59- This act extends the discretion of the juvenile court to dismiss a petition against a juvenile between the ages of fourteen and seventeen and transfer the case to a court of general jurisdiction if that juvenile has allegedly committed any of the following "adult" crimes: first degree murder, second degree murder, voluntary manslaughter, involuntary manslaughter, first degree assault, forcible rape, forcible sodomy, or distribution of drugs.
There shall be a presumption that such allegations be transferred unless the court finds by clear and convincing evidence that the child can benefit from juvenile rehabilitative programs and the child does not pose a danger to the community. This standard shall be applied if: 1) a child has been adjudicated in juvenile court for an offense which would be considered a felony by an adult and is alleged to have committed a dangerous felony if it had been committed by an adult; or 2) the petition alleges that a child between thirteen and seventeen has committed any of the following "adult" crimes: a) first degree murder, b) second degree murder, c) forcible rape, d) forcible sodomy, or e) first degree robbery.
This act terminates jurisdiction in the juvenile court at
the time a child is charged and alleged in the court of general
jurisdiction to have committed a Class A or B felony.
JAMES KLAHR