HB436 Alabama 2023 Session

Summary

Primary Sponsor

Ontario J. TillmanRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to criminal procedure; to amend Section 15-19-1, Code of Alabama 1975, to specify the age at which a person may be tried as a youthful offender.

Summary

HB436 sets the age and process for trying someone as a youthful offender, extending eligibility to age 22 and adding consent-based, non-jury procedures and victim protections.

What This Bill Does

HB436 amends the Youthful Offender rules to allow an adult charged with a crime committed while they were a minor, and not disposed of in juvenile court before turning 22, to be examined to determine if they should be tried as a youthful offender, with the defendant's consent to the examination and to a trial without a jury if such a jury trial would otherwise be available. If the defendant consents and the court agrees, no further action is taken on the indictment unless the court orders otherwise. After the examination, the court may direct the defendant to be arraigned as a youthful offender or may decide not to, in which case the indictment remains filed. In cases involving serious injury or death elements, the victim must receive 10 days' notice before the hearing and the court must hold an evidentiary hearing before determining youthful offender status; the victim rights notice requirement is not grounds to set aside the case. The act becomes effective on the first day of the third month after passage and governor's approval.

Who It Affects

• People charged as adults for crimes that were committed when they were minors, if those cases haven't been disposed of in juvenile court before they turn 22, who may be examined for youthful offender status (with consent).
• Victims in cases where the crime includes serious physical injury or the intent to kill, who must receive 10 days' notice and participate in an evidentiary hearing before the court decides youthful offender status.
• Courts and judges who will conduct the examination, decide whether to arraign as a youthful offender, and handle any jury or nonjury trial decisions.

Key Provisions

• Amends Section 15-19-1 to allow an adult charged with a crime that was committed in minority and not disposed of in juvenile court before the person turns 22 to be examined to determine youthful offender status, with the defendant's consent to the examination and to trial without a jury if applicable.
• After examination, the court may arraign the defendant as a youthful offender or determine not to, in which case the indictment remains filed.
• For crimes involving serious physical injury or intentional killing, the victim must receive 10 days' notice before the hearing and the court must hold an evidentiary hearing on injuries and crime elements before deciding youthful offender status.
• Effective date: the act takes effect on the first day of the third month following its passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Youthful Offender Act, to specify the age at which a person may be tried as a youthful offender.