Amends TCA Title 37, Chapter 1.
This bill increases the age at which a juvenile may be transferred to criminal court and tried for a criminal offense as an adult to 17 years of age for any offense. This bill retains the required hearing and the consideration of certain factors to determine if the child will be transferred and the child dealt with as an adult. Present law sets out circumstances under which a juvenile alleged to be delinquent due to certain conduct may be transferred from juvenile court and dealt with as an adult. Under present law, the child will be so transferred if the child was: (A) Less than 14 years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (B) 14 years of age or more but less than 17 years of age at the time of the alleged conduct and charged with the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (C) 16 years of age or more at the time of the alleged conduct and charged with the offense of robbery or attempt to commit robbery; or (D) 17 years of age or more at the time of the alleged conduct. This bill rewrites the above provisions regarding particular offenses and instead provides that the disposition of a child will be as if the child were an adult if the child was 17 years of age at the time of the alleged conduct that is the basis for the allegation of delinquency; the court will hold a hearing and consider certain factors in making the transfer decision.
This bill increases the age at which a juvenile may be transferred to criminal court and tried for a criminal offense as an adult to 17 years of age for any offense. This bill retains the required hearing and the consideration of certain factors to determine if the child will be transferred and the child dealt with as an adult. Present law sets out circumstances under which a juvenile alleged to be delinquent due to certain conduct may be transferred from juvenile court and dealt with as an adult. Under present law, the child will be so transferred if the child was: (A) Less than 14 years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (B) 14 years of age or more but less than 17 years of age at the time of the alleged conduct and charged with the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (C) 16 years of age or more at the time of the alleged conduct and charged with the offense of robbery or attempt to commit robbery; or (D) 17 years of age or more at the time of the alleged conduct. This bill rewrites the above provisions regarding particular offenses and instead provides that the disposition of a child will be as if the child were an adult if the child was 17 years of age at the time of the alleged conduct that is the basis for the allegation of delinquency; the court will hold a hearing and consider certain factors in making the transfer decision.
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