Amends TCA Title 37.
Present law generally requires that, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held and to be dealt with as an adult in the criminal court of competent jurisdiction. This bill adds that, notwithstanding the above, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing the petition on the merits, must transfer the child to the sheriff of the county to be held according to law and dealt with as an adult in the criminal court of competent jurisdiction and the disposition of the child shall be as if the child were an adult if the following conditions exist: (1) The child was 14 or older, but less than 18, at the time of the alleged conduct and charged with (i) an offense that would be a felony, if committed by an adult, involving the use of a firearm; (ii) theft of a firearm; (iii) robbery, aggravated robbery, or especially aggravated robbery and the offense involved the theft of a firearm; or (iv) burglary, aggravated burglary, or especially aggravated burglary and the offense involved the theft of a firearm; (2) A probable cause hearing is held; (3) Reasonable notice in writing of the time, place, and purpose of the probable cause hearing is given to the child and the child's parents, guardian, or other custodian at least 14 days prior to the hearing; and (4) The court finds that there is probable cause to believe that (i) the child committed the delinquent act as alleged; and (ii) the child is not committable to an institution for the developmentally disabled or mentally ill. This bill prohibits the district attorney general from seeking, and any child transferred under this new law to receive, a sentence of death or mandatory life without the possibility of parole for the offense for which the child was transferred. This bill applies to acts committed on or after October 1, 2023.
Present law generally requires that, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held and to be dealt with as an adult in the criminal court of competent jurisdiction. This bill adds that, notwithstanding the above, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing the petition on the merits, must transfer the child to the sheriff of the county to be held according to law and dealt with as an adult in the criminal court of competent jurisdiction and the disposition of the child shall be as if the child were an adult if the following conditions exist: (1) The child was 14 or older, but less than 18, at the time of the alleged conduct and charged with (i) an offense that would be a felony, if committed by an adult, involving the use of a firearm; (ii) theft of a firearm; (iii) robbery, aggravated robbery, or especially aggravated robbery and the offense involved the theft of a firearm; or (iv) burglary, aggravated burglary, or especially aggravated burglary and the offense involved the theft of a firearm; (2) A probable cause hearing is held; (3) Reasonable notice in writing of the time, place, and purpose of the probable cause hearing is given to the child and the child's parents, guardian, or other custodian at least 14 days prior to the hearing; and (4) The court finds that there is probable cause to believe that (i) the child committed the delinquent act as alleged; and (ii) the child is not committable to an institution for the developmentally disabled or mentally ill. This bill prohibits the district attorney general from seeking, and any child transferred under this new law to receive, a sentence of death or mandatory life without the possibility of parole for the offense for which the child was transferred. This bill applies to acts committed on or after October 1, 2023.
Track Tennessee Legislation Like a Pro
Join hundreds of professionals using LegisGo to stay ahead of legislative changes.
Instant Alerts
Get notified when bills you track move through the legislature
AI Summaries
Understand complex legislation in seconds with AI-powered analysis
Full Access
All 132 legislators, committee schedules, and voting records