HB440 Alabama 2016 Session

Summary

Primary Sponsor

Jim Hill Representative

Republican

Session

Regular Session 2016

Title

Juvenile court, transfer to circuit or district court, levying to review transfer required, remand of case to juvenile court under certain conditions, release from confinement, Secs. 12-15-203, 12-15-204 am'd.

Description

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.

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Subjects

Court, Juvenile