Senate Bill 0130e1

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    SB 130                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to the prosecution of juveniles

  3         as adults; amending s. 985.227, F.S.; providing

  4         for a juvenile to be prosecuted as an adult if

  5         the juvenile is charged with grand theft of a

  6         motor vehicle; and has a prior adjudication for

  7         grand theft of a motor vehicle; reenacting s.

  8         985.21(4)(e), F.S., relating to the state

  9         attorney's authority to prosecute a juvenile as

10         an adult, to incorporate the amendment to s.

11         985.227, F.S., in a reference thereto;

12         providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (a) of subsection (1) of section

17  985.227, Florida Statutes, is amended to read:

18         985.227  Prosecution of juveniles as adults by the

19  direct filing of an information in the criminal division of

20  the circuit court; discretionary criteria; mandatory

21  criteria.--

22         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

23         (a)  With respect to any child who was 14 or 15 years

24  of age at the time the alleged offense was committed, the

25  state attorney may file an information when in the state

26  attorney's judgment and discretion the public interest

27  requires that adult sanctions be considered or imposed and

28  when the offense charged is:

29         1.  Arson;

30         2.  Sexual battery;

31         3.  Robbery;


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    SB 130                                         First Engrossed



  1         4.  Kidnapping;

  2         5.  Aggravated child abuse;

  3         6.  Aggravated assault;

  4         7.  Aggravated stalking;

  5         8.  Murder;

  6         9.  Manslaughter;

  7         10.  Unlawful throwing, placing, or discharging of a

  8  destructive device or bomb;

  9         11.  Armed burglary in violation of s. 810.02(2)(b) or

10  specified burglary of a dwelling or structure in violation of

11  s. 810.02(2)(c);

12         12.  Aggravated battery;

13         13.  Lewd or lascivious assault or act in the presence

14  of a child;

15         14.  Carrying, displaying, using, threatening, or

16  attempting to use a weapon or firearm during the commission of

17  a felony; or

18         15.  Grand theft in violation of s. 812.014(2)(a); or.

19         16.  Grand theft of a motor vehicle in violation of s.

20  812.014(2)(c)6. or grand theft of a motor vehicle valued at

21  $20,000 or more in violation of s. 812.014(2)(b) if the child

22  has a previous adjudication for grand theft of a motor vehicle

23  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

24         Section 2.  For the purpose of incorporating the

25  amendment made by this act to section 985.227, Florida

26  Statutes, in a reference thereto, paragraph (e) of subsection

27  (4) of section 985.21, Florida Statutes, 1998 Supplement, is

28  reenacted to read:

29         985.21  Intake and case management.--

30         (4)  The juvenile probation officer shall make a

31  preliminary determination as to whether the report, affidavit,


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    SB 130                                         First Engrossed



  1  or complaint is complete, consulting with the state attorney

  2  as may be necessary. In any case where the juvenile probation

  3  officer or the state attorney finds that the report,

  4  affidavit, or complaint is insufficient by the standards for a

  5  probable cause affidavit, the juvenile probation officer or

  6  state attorney shall return the report, affidavit, or

  7  complaint, without delay, to the person or agency originating

  8  the report, affidavit, or complaint or having knowledge of the

  9  facts or to the appropriate law enforcement agency having

10  investigative jurisdiction of the offense, and shall request,

11  and the person or agency shall promptly furnish, additional

12  information in order to comply with the standards for a

13  probable cause affidavit.

14         (e)  The state attorney may in all cases take action

15  independent of the action or lack of action of the juvenile

16  probation officer, and shall determine the action which is in

17  the best interest of the public and the child. If the child

18  meets the criteria requiring prosecution as an adult pursuant

19  to s. 985.226, the state attorney shall request the court to

20  transfer and certify the child for prosecution as an adult or

21  shall provide written reasons to the court for not making such

22  request. In all other cases, the state attorney may:

23         1.  File a petition for dependency;

24         2.  File a petition pursuant to chapter 984;

25         3.  File a petition for delinquency;

26         4.  File a petition for delinquency with a motion to

27  transfer and certify the child for prosecution as an adult;

28         5.  File an information pursuant to s. 985.227;

29         6.  Refer the case to a grand jury;

30         7.  Refer the child to a diversionary, pretrial

31  intervention, arbitration, or mediation program, or to some


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    SB 130                                         First Engrossed



  1  other treatment or care program if such program commitment is

  2  voluntarily accepted by the child or the child's parents or

  3  legal guardians; or

  4         8.  Decline to file.

  5         Section 3.  This act shall take effect July 1, 1999.

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