Florida Senate - 2022                                    SB 1492
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01246-22                                           20221492__
    1                        A bill to be entitled                      
    2         An act relating to prosecuting children as adults;
    3         amending s. 985.556, F.S.; deleting provisions under
    4         which a state attorney must either request a court to
    5         transfer and certify children of certain ages who
    6         commit specified crimes for prosecution as adults or
    7         provide written reasons to the court for not making
    8         such a request, or must proceed under certain
    9         provisions; amending s. 985.557, F.S.; revising the
   10         circumstances under which a state attorney may file an
   11         information in cases that involve children of certain
   12         ages who commit certain crimes; amending s. 985.56,
   13         F.S.; providing that children 14 years of age or
   14         older, rather than children of any age, who are
   15         charged with certain offenses are subject to court
   16         jurisdiction until an indictment is returned;
   17         prohibiting the transfer of a child to adult court for
   18         criminal prosecution of an indictable offense until
   19         the child’s competency has been restored, in certain
   20         circumstances; providing for the tolling of certain
   21         time limits; authorizing, rather than requiring, a
   22         child who is found to have committed specified crimes
   23         to be sentenced according to certain provisions;
   24         amending s. 985.565, F.S.; authorizing, rather than
   25         requiring, a child to be sentenced as an adult if the
   26         child is found to have committed an offense punishable
   27         by death or life imprisonment; conforming provisions
   28         to changes made by the act; amending s. 985.03, F.S.;
   29         conforming a cross-reference; providing an effective
   30         date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (2) and (3) of section 985.556,
   35  Florida Statutes, are amended, and subsection (1) of that
   36  section is republished, to read:
   37         985.556 Waiver of juvenile court jurisdiction; hearing.—
   38         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
   39  a child’s criminal case for trial as an adult if the child is
   40  alleged to have committed a violation of law and, prior to the
   41  commencement of an adjudicatory hearing, the child, joined by a
   42  parent or, in the absence of a parent, by the guardian or
   43  guardian ad litem, demands in writing to be tried as an adult.
   44  Once a child has been transferred for criminal prosecution
   45  pursuant to a voluntary waiver hearing and has been found to
   46  have committed the presenting offense or a lesser included
   47  offense, the child shall be handled thereafter in every respect
   48  as an adult for any subsequent violation of state law, unless
   49  the court imposes juvenile sanctions under s. 985.565(4)(b).
   50         (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
   51  subsection (3), The state attorney may file a motion requesting
   52  the court to transfer the child for criminal prosecution if the
   53  child was 14 years of age or older at the time the alleged
   54  delinquent act or violation of law was committed.
   55         (3)INVOLUNTARY MANDATORY WAIVER.—
   56         (a)If the child was 14 years of age or older, and if the
   57  child has been previously adjudicated delinquent for an act
   58  classified as a felony, which adjudication was for the
   59  commission of, attempt to commit, or conspiracy to commit
   60  murder, sexual battery, armed or strong-armed robbery,
   61  carjacking, home-invasion robbery, aggravated battery,
   62  aggravated assault, or burglary with an assault or battery, and
   63  the child is currently charged with a second or subsequent
   64  violent crime against a person; or
   65         (b)If the child was 14 years of age or older at the time
   66  of commission of a fourth or subsequent alleged felony offense
   67  and the child was previously adjudicated delinquent or had
   68  adjudication withheld for or was found to have committed, or to
   69  have attempted or conspired to commit, three offenses that are
   70  felony offenses if committed by an adult, and one or more of
   71  such felony offenses involved the use or possession of a firearm
   72  or violence against a person;
   73  
   74  the state attorney shall request the court to transfer and
   75  certify the child for prosecution as an adult or shall provide
   76  written reasons to the court for not making such request, or
   77  proceed under s. 985.557(1). Upon the state attorney’s request,
   78  the court shall either enter an order transferring the case and
   79  certifying the case for trial as if the child were an adult or
   80  provide written reasons for not issuing such an order.
   81         Section 2. Section 985.557, Florida Statutes, is amended to
   82  read:
   83         985.557 Prosecuting children as adults Direct filing of an
   84  information; discretionary criteria.—
   85         (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
   86  FILE.—
   87         (a)With respect to any child who was 14 or 15 years of age
   88  at the time the alleged offense was committed, the state
   89  attorney may file an information when in the state attorney’s
   90  judgment and discretion the public interest requires that adult
   91  sanctions be considered or imposed and when the offense charged
   92  is for the commission of, attempt to commit, or conspiracy to
   93  commit:
   94         1.Arson;
   95         2.Sexual battery;
   96         3.Robbery;
   97         4.Kidnapping;
   98         5.Aggravated child abuse;
   99         6.Aggravated assault;
  100         7.Aggravated stalking;
  101         8.Murder;
  102         9.Manslaughter;
  103         10.Unlawful throwing, placing, or discharging of a
  104  destructive device or bomb;
  105         11.Armed burglary in violation of s. 810.02(2)(b) or
  106  specified burglary of a dwelling or structure in violation of s.
  107  810.02(2)(c), or burglary with an assault or battery in
  108  violation of s. 810.02(2)(a);
  109         12.Aggravated battery;
  110         13.Any lewd or lascivious offense committed upon or in the
  111  presence of a person less than 16 years of age;
  112         14.Carrying, displaying, using, threatening, or attempting
  113  to use a weapon or firearm during the commission of a felony;
  114         15.Grand theft in violation of s. 812.014(2)(a);
  115         16.Possessing or discharging any weapon or firearm on
  116  school property in violation of s. 790.115;
  117         17.Home invasion robbery;
  118         18.Carjacking; or
  119         19.Grand theft of a motor vehicle in violation of s.
  120  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  121  $20,000 or more in violation of s. 812.014(2)(b) if the child
  122  has a previous adjudication for grand theft of a motor vehicle
  123  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  124         (b) With respect to any child who was 16 or 17 years of age
  125  at the time the alleged forcible felony, as defined in s.
  126  776.08, offense was committed, the state attorney may file an
  127  information when in the state attorney’s judgment and discretion
  128  the public interest requires that adult sanctions be considered
  129  or imposed. However, the state attorney may not file an
  130  information on a child charged with a misdemeanor, unless the
  131  child has had at least two previous adjudications or
  132  adjudications withheld for delinquent acts, one of which
  133  involved an offense classified as a forcible felony under state
  134  law.
  135         (2) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
  136  FILE.—
  137         (a) Once a child has been transferred for criminal
  138  prosecution pursuant to an information and has been found to
  139  have committed the presenting offense or a lesser included
  140  offense, the child shall be handled thereafter in every respect
  141  as if an adult for any subsequent violation of state law, unless
  142  the court imposes juvenile sanctions under s. 985.565.
  143         (b) When a child is transferred for criminal prosecution as
  144  an adult, the court shall immediately transfer and certify to
  145  the adult circuit court all felony cases pertaining to the
  146  child, for prosecution of the child as an adult, which have not
  147  yet resulted in a plea of guilty or nolo contendere or in which
  148  a finding of guilt has not been made. If a child is acquitted of
  149  all charged offenses or lesser included offenses contained in
  150  the original case transferred to adult court, all felony cases
  151  that were transferred to adult court as a result of this
  152  paragraph shall be subject to the same penalties to which such
  153  cases would have been subject before being transferred to adult
  154  court.
  155         (c) When a child has been transferred for criminal
  156  prosecution as an adult and has been found to have committed a
  157  violation of state law, the disposition of the case may be made
  158  under s. 985.565 and may include the enforcement of any
  159  restitution ordered in any juvenile proceeding.
  160         (3) CHARGES INCLUDED ON INFORMATION.—An information filed
  161  pursuant to this section may include all charges that are based
  162  on the same act, criminal episode, or transaction as the primary
  163  offenses.
  164         Section 3. Section 985.56, Florida Statutes, is amended to
  165  read:
  166         985.56 Indictment of a juvenile.—
  167         (1) A child 14 years of age or older of any age who is
  168  charged with a violation of state law punishable by death or by
  169  life imprisonment is subject to the jurisdiction of the court as
  170  set forth in s. 985.0301(2) unless and until an indictment on
  171  the charge is returned by the grand jury. When such indictment
  172  is returned, the petition for delinquency, if any, must be
  173  dismissed and the child must be tried and handled in every
  174  respect as an adult:
  175         (a) On the indictable offense punishable by death or by
  176  life imprisonment; and
  177         (b) On all other felonies or misdemeanors charged in the
  178  indictment which are based on the same act or transaction as the
  179  indictable offense punishable by death or by life imprisonment
  180  or on one or more acts or transactions connected with the
  181  offense punishable by death or by life imprisonment.
  182         (2) An adjudicatory hearing may not be held until 21 days
  183  after the child is taken into custody and charged with having
  184  committed an indictable offense punishable by death or by life
  185  imprisonment, unless the state attorney advises the court in
  186  writing that he or she does not intend to present the case to
  187  the grand jury, or has presented the case to the grand jury and
  188  the grand jury has not returned an indictment. If the court
  189  receives such a notice from the state attorney, or if the grand
  190  jury fails to act within the 21-day period, the court may
  191  proceed as otherwise authorized under this part.
  192         (3) Notwithstanding any other law, a child who commits an
  193  offense for which he or she may be indicted and who has a
  194  pending competency hearing in juvenile court or who previously
  195  has been found to be incompetent and has not been restored to
  196  competency by a court may not be transferred to adult court for
  197  criminal prosecution until the child’s competency is restored. A
  198  pending competency hearing or a finding of incompetency tolls
  199  the time limits in subsection (2). If the child is found to have
  200  committed the offense punishable by death or by life
  201  imprisonment, the child may shall be sentenced pursuant to s.
  202  985.565 as an adult. If the juvenile is not found to have
  203  committed the indictable offense but is found to have committed
  204  a lesser included offense or any other offense for which he or
  205  she was indicted as a part of the criminal episode, the court
  206  may sentence under s. 985.565.
  207         (4)(a) If Once a child has been indicted pursuant to this
  208  section and has been found to have committed any offense for
  209  which he or she was indicted as a part of the criminal episode,
  210  the child must shall be handled thereafter in every respect as
  211  if an adult for any subsequent violation of state law, unless
  212  the court imposes juvenile sanctions under s. 985.565.
  213         (b) If When a child has been indicted pursuant to this
  214  section, the court must shall immediately transfer and certify
  215  to the adult circuit court all felony cases pertaining to the
  216  child, for prosecution of the child as an adult, which have not
  217  yet resulted in a plea of guilty or nolo contendere or in which
  218  a finding of guilt has not been made. If the child is acquitted
  219  of all charged offenses or lesser included offenses contained in
  220  the indictment case, all felony cases that were transferred to
  221  adult court pursuant to this paragraph must shall be subject to
  222  the same penalties such cases were subject to before being
  223  transferred to adult court.
  224         Section 4. Paragraphs (a) and (b) of subsection (4) of
  225  section 985.565, Florida Statutes, are amended to read:
  226         985.565 Sentencing powers; procedures; alternatives for
  227  juveniles prosecuted as adults.—
  228         (4) SENTENCING ALTERNATIVES.—
  229         (a) Adult sanctions.—
  230         1. Cases prosecuted on indictment.—If the child is found to
  231  have committed the offense punishable by death or life
  232  imprisonment, the child may shall be sentenced as an adult. If
  233  the juvenile is not found to have committed the indictable
  234  offense but is found to have committed a lesser included offense
  235  or any other offense for which he or she was indicted as a part
  236  of the criminal episode, the court may sentence as follows:
  237         a. As an adult;
  238         b. Under chapter 958; or
  239         c. As a juvenile under this section.
  240         2. Other cases.—If a child who has been transferred for
  241  criminal prosecution pursuant to information or waiver of
  242  juvenile court jurisdiction is found to have committed a
  243  violation of state law or a lesser included offense for which he
  244  or she was charged as a part of the criminal episode, the court
  245  may sentence as follows:
  246         a. As an adult;
  247         b. Under chapter 958; or
  248         c. As a juvenile under this section.
  249         3.Notwithstanding any other provision to the contrary, if
  250  the state attorney is required to file a motion to transfer and
  251  certify the juvenile for prosecution as an adult under s.
  252  985.556(3) and that motion is granted, the court must impose
  253  adult sanctions.
  254         3.4. Any sentence imposing adult sanctions is presumed
  255  appropriate, and the court is not required to set forth specific
  256  findings or enumerate the criteria in this subsection as any
  257  basis for its decision to impose adult sanctions.
  258         4.5. When a child has been transferred for criminal
  259  prosecution as an adult and has been found to have committed a
  260  violation of state law, the disposition of the case may include
  261  the enforcement of any restitution ordered in any juvenile
  262  proceeding.
  263         (b) Juvenile sanctions.—For juveniles transferred to adult
  264  court but who do not qualify for such transfer under s.
  265  985.556(3), the court may impose juvenile sanctions under this
  266  paragraph. If juvenile sentences are imposed, the court shall,
  267  under this paragraph, adjudge the child to have committed a
  268  delinquent act. Adjudication of delinquency may not be deemed a
  269  conviction, nor shall it operate to impose any of the civil
  270  disabilities ordinarily resulting from a conviction. The court
  271  shall impose an adult sanction or a juvenile sanction and may
  272  not sentence the child to a combination of adult and juvenile
  273  punishments. An adult sanction or a juvenile sanction may
  274  include enforcement of an order of restitution or probation
  275  previously ordered in any juvenile proceeding. However, if the
  276  court imposes a juvenile sanction and the department determines
  277  that the sanction is unsuitable for the child, the department
  278  shall return custody of the child to the sentencing court for
  279  further proceedings, including the imposition of adult
  280  sanctions. Upon adjudicating a child delinquent under subsection
  281  (1), the court may:
  282         1. Place the child in a probation program under the
  283  supervision of the department for an indeterminate period of
  284  time until the child reaches the age of 19 years or sooner if
  285  discharged by order of the court.
  286         2. Commit the child to the department for treatment in an
  287  appropriate program for children for an indeterminate period of
  288  time until the child is 21 or sooner if discharged by the
  289  department. The department shall notify the court of its intent
  290  to discharge no later than 14 days before discharge. Failure of
  291  the court to timely respond to the department’s notice shall be
  292  considered approval for discharge.
  293         3. Order disposition under ss. 985.435, 985.437, 985.439,
  294  985.441, 985.45, and 985.455 as an alternative to youthful
  295  offender or adult sentencing if the court determines not to
  296  impose youthful offender or adult sanctions.
  297  
  298  It is the intent of the Legislature that the criteria and
  299  guidelines in this subsection are mandatory and that a
  300  determination of disposition under this subsection is subject to
  301  the right of the child to appellate review under s. 985.534.
  302         Section 5. Subsection (54) of section 985.03, Florida
  303  Statutes, is amended to read:
  304         985.03 Definitions.—As used in this chapter, the term:
  305         (54) “Waiver hearing” means a hearing provided for under s.
  306  985.556(3) s. 985.556(4).
  307         Section 6. This act shall take effect July 1, 2022.