SB0220112th GA (Historical)Introduced

Amends TCA Title 37, Chapter 1, Part 1 and Title 39, Chapter 13.

Present law generally authorizes courts to place a child who has been adjudicated delinquent for an act that would be a felony if committed by an adult into the custody of the department of children's services for a period of up to six months. A court may order the child to remain in custody for an additional six-month period following a hearing or stipulation in which certain findings are made concerning the child's needs. If the delinquent act would, if committed by an adult, constitute first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, or reckless homicide, present law generally requires the court to order the child committed to the department for not less than one year. This bill adds authorization for a court to order a child committed to the department for up to one year for a delinquent act that would, if committed by an adult, constitute rape, aggravated rape, rape of a child, or aggravated rape of a child. A court would retain the discretion to transfer a juvenile offender to adult court, extend the term of commitment beyond one year, or order any other dispositional alternative.

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Overview

Present law generally authorizes courts to place a child who has been adjudicated delinquent for an act that would be a felony if committed by an adult into the custody of the department of children's services for a period of up to six months. A court may order the child to remain in custody for an additional six-month period following a hearing or stipulation in which certain findings are made concerning the child's needs. If the delinquent act would, if committed by an adult, constitute first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, or reckless homicide, present law generally requires the court to order the child committed to the department for not less than one year. This bill adds authorization for a court to order a child committed to the department for up to one year for a delinquent act that would, if committed by an adult, constitute rape, aggravated rape, rape of a child, or aggravated rape of a child. A court would retain the discretion to transfer a juvenile offender to adult court, extend the term of commitment beyond one year, or order any other dispositional alternative.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 19, 2021

Subjects
07634355435411502605

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