HB64 Alabama 2017 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2017

Title

Juvenile court, juveniles tried as adults, cases dismissed if no indictment for predicate offenses, refiled in juvenile court under certain conditions, Secs. 12-15-204 am'd.

Summary

HB64 would change how courts handle 16- and 17-year-olds charged with serious offenses when no indictment is returned, by dismissing the charges and letting them be refiled in juvenile court.

What This Bill Does

This bill would amend Section 12-15-204 to require circuit or district courts to dismiss all charges against 16- or 17-year-old defendants if no indictment is returned for any of the listed predicate offenses, and allow those cases to be refiled in juvenile court through intake procedures. The juvenile court would retain original jurisdiction over lesser included offenses in certain situations, and this refiling rule does not apply to cases transferred under Section 12-15-203. The act becomes effective on the first day of the third month after passage and approval.

Who It Affects

• 16- and 17-year-old defendants charged with capital offenses, certain felonies, or related offenses, whose cases could be dismissed if no indictment is returned and may be refiled in juvenile court.
• Circuit or district courts, prosecutors, and the juvenile court system, who would implement the dismissal and potential refiling process and determine jurisdiction over lesser included offenses.

Key Provisions

• Amends Section 12-15-204 to require dismissal of all charges against 16- and 17-year-olds if no indictment is returned for any listed predicate offenses.
• Allows a dismissed case to be refiled in juvenile court through intake procedures provided in Section 12-15-120(a).
• The juvenile court shall maintain original jurisdiction over lesser included offenses if the grand jury fails to indict for any enumerated offenses, and if the criminal court dismisses all charges, subject to double jeopardy limitations.
• Enumerates offenses that trigger adult jurisdiction when charged as a juvenile: capital offenses, Class A felonies, felonies involving deadly weapons or causing death/serious injury, certain offenses involving dangerous instruments against specified officials, drug trafficking, and any lesser included offenses arising from the same facts.
• Does not apply to cases transferred pursuant to Section 12-15-203.
• Effective date: first day of the third month following passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court, Juvenile