HB440 Alabama 2016 Session

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

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.