Bill Text: FL S0850 | 2019 | Regular Session | Introduced
Bill Title: Prosecuting Children as Adults
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Criminal Justice, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0850 Detail]
Download: Florida-2019-S0850-Introduced.html
Florida Senate - 2019 SB 850 By Senator Powell 30-00881-19 2019850__ 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 either must request a court to 5 transfer and certify children of certain ages who 6 commit specified crimes for prosecution as adults or 7 must provide written reasons to the court for not 8 making such a request, or 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; deleting provisions 13 under which a state attorney must file an information 14 on children of certain ages who commit, attempt to 15 commit, are charged with committing, or conspire to 16 commit, specified crimes; deleting definitions; 17 amending s. 985.56, F.S.; providing that children 14 18 years of age or older, rather than children of any 19 age, who are charged with certain offenses are subject 20 to the jurisdiction of the court until an indictment 21 is returned by the grand jury; prohibiting the 22 transfer to adult court for criminal prosecution of 23 children who commit an indictable offense and who have 24 a pending competency hearing or have previously been 25 found incompetent and have not been restored to 26 competency by a court until the child’s competency is 27 restored; providing for the tolling of certain time 28 limits; authorizing, rather than requiring, that a 29 child who is found to have committed specified crimes 30 be sentenced according to certain provisions; amending 31 s. 985.03, F.S.; conforming a cross-reference; 32 amending s. 985.565, F.S.; conforming provisions to 33 changes made by the act; reenacting ss. 985.15(1) and 34 985.265(5), F.S., relating to filing decisions and 35 detention transfer and release, education, and adult 36 jails, respectively, to incorporate the amendments 37 made to ss. 985.556 and 985.557, F.S., in references 38 thereto; reenacting s. 985.26(2)(c), F.S., relating to 39 the length of detention, to incorporate the amendments 40 to ss. 985.557 and 985.56, F.S., in references 41 thereto; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Subsections (2) and (3) of section 985.556, 46 Florida Statutes, are amended, and subsection (1) of that 47 section is republished, to read: 48 985.556 Waiver of juvenile court jurisdiction; hearing.— 49 (1) VOLUNTARY WAIVER.—The court shall transfer and certify 50 a child’s criminal case for trial as an adult if the child is 51 alleged to have committed a violation of law and, prior to the 52 commencement of an adjudicatory hearing, the child, joined by a 53 parent or, in the absence of a parent, by the guardian or 54 guardian ad litem, demands in writing to be tried as an adult. 55 Once a child has been transferred for criminal prosecution 56 pursuant to a voluntary waiver hearing and has been found to 57 have committed the presenting offense or a lesser included 58 offense, the child shall be handled thereafter in every respect 59 as an adult for any subsequent violation of state law, unless 60 the court imposes juvenile sanctions under s. 985.565(4)(b). 61 (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as providedin62subsection (3),The state attorney may file a motion requesting 63 the court to transfer the child for criminal prosecution if the 64 child was 14 years of age or older at the time the alleged 65 delinquent act or violation of law was committed. 66(3) INVOLUNTARY MANDATORY WAIVER.—67(a) If the child was 14 years of age or older, and if the68child has been previously adjudicated delinquent for an act69classified as a felony, which adjudication was for the70commission of, attempt to commit, or conspiracy to commit71murder, sexual battery, armed or strong-armed robbery,72carjacking, home-invasion robbery, aggravated battery,73aggravated assault, or burglary with an assault or battery, and74the child is currently charged with a second or subsequent75violent crime against a person; or76(b) If the child was 14 years of age or older at the time77of commission of a fourth or subsequent alleged felony offense78and the child was previously adjudicated delinquent or had79adjudication withheld for or was found to have committed, or to80have attempted or conspired to commit, three offenses that are81felony offenses if committed by an adult, and one or more of82such felony offenses involved the use or possession of a firearm83or violence against a person;84 85the state attorney shall request the court to transfer and86certify the child for prosecution as an adult or shall provide87written reasons to the court for not making such request, or88proceed under s. 985.557(1). Upon the state attorney’s request,89the court shall either enter an order transferring the case and90certifying the case for trial as if the child were an adult or91provide written reasons for not issuing such an order.92 Section 2. Section 985.557, Florida Statutes, is amended to 93 read: 94 985.557 Prosecuting children as adultsDirect filing of an95information; discretionaryand mandatorycriteria.— 96 (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTSDIRECT97FILE.— 98 (a)With respect to any child who was 14 or 15 years of age99at the time the alleged offense was committed, the state100attorney may file an information when in the state attorney’s101judgment and discretion the public interest requires that adult102sanctions be considered or imposed and when the offense charged103is for the commission of, attempt to commit, or conspiracy to104commit:1051.Arson;1062.Sexual battery;1073.Robbery;1084.Kidnapping;1095.Aggravated child abuse;1106.Aggravated assault;1117.Aggravated stalking;1128.Murder;1139.Manslaughter;11410.Unlawful throwing, placing, or discharging of a115destructive device or bomb;11611.Armed burglary in violation of s. 810.02(2)(b) or117specified burglary of a dwelling or structure in violation of s.118810.02(2)(c), or burglary with an assault or battery in119violation of s. 810.02(2)(a);12012.Aggravated battery;12113.Any lewd or lascivious offense committed upon or in the122presence of a person less than 16 years of age;12314.Carrying, displaying, using, threatening, or attempting124to use a weapon or firearm during the commission of a felony;12515.Grand theft in violation of s. 812.014(2)(a);12616.Possessing or discharging any weapon or firearm on127school property in violation of s. 790.115;12817.Home invasion robbery;12918.Carjacking; or13019.Grand theft of a motor vehicle in violation of s.131812.014(2)(c)6. or grand theft of a motor vehicle valued at132$20,000 or more in violation of s. 812.014(2)(b) if the child133has a previous adjudication for grand theft of a motor vehicle134in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).135(b)With respect to any child who was 16 or 17 years of age 136 at the time the alleged violent felony offense was committed, 137 the state attorney may file an information when in the state 138 attorney’s judgment and discretion the public interest requires 139 that adult sanctions be considered or imposed. However, the 140 state attorney may not file an information on a child charged 141 with a misdemeanor, unless the child has had at least two 142 previous adjudications or adjudications withheld for delinquent 143 acts, one of which involved an offense classified as a violent 144 felony under state law. 145(2) MANDATORY DIRECT FILE.—146(a) With respect to any child who was 16 or 17 years of age147at the time the alleged offense was committed, the state148attorney shall file an information if the child has been149previously adjudicated delinquent for an act classified as a150felony, which adjudication was for the commission of, attempt to151commit, or conspiracy to commit murder, sexual battery, armed or152strong-armed robbery, carjacking, home-invasion robbery,153aggravated battery, or aggravated assault, and the child is154currently charged with a second or subsequent violent crime155against a person.156(b) With respect to any child 16 or 17 years of age at the157time an offense classified as a forcible felony, as defined in158s. 776.08, was committed, the state attorney shall file an159information if the child has previously been adjudicated160delinquent or had adjudication withheld for three acts161classified as felonies each of which occurred at least 45 days162apart from each other. This paragraph does not apply when the163state attorney has good cause to believe that exceptional164circumstances exist which preclude the just prosecution of the165juvenile in adult court.166(c) The state attorney must file an information if a child,167regardless of the child’s age at the time the alleged offense168was committed, is alleged to have committed an act that would be169a violation of law if the child were an adult, that involves170stealing a motor vehicle, including, but not limited to, a171violation of s. 812.133, relating to carjacking, or s.172812.014(2)(c)6., relating to grand theft of a motor vehicle, and173while the child was in possession of the stolen motor vehicle174the child caused serious bodily injury to or the death of a175person who was not involved in the underlying offense. For176purposes of this section, the driver and all willing passengers177in the stolen motor vehicle at the time such serious bodily178injury or death is inflicted shall also be subject to mandatory179transfer to adult court. “Stolen motor vehicle,” for the180purposes of this section, means a motor vehicle that has been181the subject of any criminal wrongful taking. For purposes of182this section, “willing passengers” means all willing passengers183who have participated in the underlying offense.184(d)1. With respect to any child who was 16 or 17 years of185age at the time the alleged offense was committed, the state186attorney shall file an information if the child has been charged187with committing or attempting to commit an offense listed in s.188775.087(2)(a)1.a.-p., and, during the commission of or attempt189to commit the offense, the child:190a.Actually possessed a firearm or destructive device, as191those terms are defined in s. 790.001.192b.Discharged a firearm or destructive device, as described193in s. 775.087(2)(a)2.194c.Discharged a firearm or destructive device, as described195in s. 775.087(2)(a)3., and, as a result of the discharge, death196or great bodily harm was inflicted upon any person.1972.Upon transfer, any child who is:198a.Charged under sub-subparagraph 1.a. and who has been199previously adjudicated or had adjudication withheld for a200forcible felony offense or any offense involving a firearm, or201who has been previously placed in a residential commitment202program, shall be subject to sentencing under s. 775.087(2)(a),203notwithstanding s. 985.565.204b.Charged under sub-subparagraph 1.b. or sub-subparagraph2051.c., shall be subject to sentencing under s. 775.087(2)(a),206notwithstanding s. 985.565.2073.Upon transfer, any child who is charged under this208paragraph, but who does not meet the requirements specified in209subparagraph 2., shall be sentenced under s. 985.565; however,210if the court imposes a juvenile sanction, the court must commit211the child to a high-risk or maximum-risk juvenile facility.2124.This paragraph shall not apply if the state attorney has213good cause to believe that exceptional circumstances exist that214preclude the just prosecution of the child in adult court.215 (b)5.The Department of Corrections shall make every 216 reasonable effort to ensure that any child 16 or 17 years of age 217 who is convicted and sentenced under this subsection is 218paragraph becompletely separated such that there is no physical 219 contact with adult offenders in the facility, to the extent that 220 it is consistent with chapter 958. 221 (2)(3)EFFECT OF PROSECUTION OF CHILDREN AS ADULTSDIRECT222FILE.— 223 (a) Once a child has been transferred for criminal 224 prosecution pursuant to an information and has been found to 225 have committed the presenting offense or a lesser included 226 offense, the child shall be handled thereafter in every respect 227 as if an adult for any subsequent violation of state law, unless 228 the court imposes juvenile sanctions under s. 985.565. 229 (b) When a child is transferred for criminal prosecution as 230 an adult, the court shall immediately transfer and certify to 231 the adult circuit court all felony cases pertaining to the 232 child, for prosecution of the child as an adult, which have not 233 yet resulted in a plea of guilty or nolo contendere or in which 234 a finding of guilt has not been made. If a child is acquitted of 235 all charged offenses or lesser included offenses contained in 236 the original case transferred to adult court, all felony cases 237 that were transferred to adult court as a result of this 238 paragraph shall be subject to the same penalties to which such 239 cases would have been subject before being transferred to adult 240 court. 241 (c) When a child has been transferred for criminal 242 prosecution as an adult and has been found to have committed a 243 violation of state law, the disposition of the case may be made 244 under s. 985.565 and may include the enforcement of any 245 restitution ordered in any juvenile proceeding. 246 (3)(4)CHARGES INCLUDED ON INFORMATION.—An information 247 filed pursuant to this section may include all charges that are 248 based on the same act, criminal episode, or transaction as the 249 primary offenses. 250 Section 3. Section 985.56, Florida Statutes, is amended to 251 read: 252 985.56 Indictment of a juvenile.— 253 (1) A child 14 years of age or olderof any agewho is 254 charged with a violation of state law punishable by death or by 255 life imprisonment is subject to the jurisdiction of the court as 256 set forth in s. 985.0301(2) unless and until an indictment on 257 the charge is returned by the grand jury. When such indictment 258 is returned, the petition for delinquency, if any, must be 259 dismissed and the child must be tried and handled in every 260 respect as an adult: 261 (a) On the indictable offense punishable by death or by 262 life imprisonment; and 263 (b) On all other felonies or misdemeanors charged in the 264 indictment which are based on the same act or transaction as the 265 indictable offense punishable by death or by life imprisonment 266 or on one or more acts or transactions connected with the 267 offense punishable by death or by life imprisonment. 268 (2) An adjudicatory hearing may not be held until 21 days 269 after the child is taken into custody and charged with having 270 committed an indictable offense punishable by death or by life 271 imprisonment, unless the state attorney advises the court in 272 writing that he or she does not intend to present the case to 273 the grand jury, or has presented the case to the grand jury and 274 the grand jury has not returned an indictment. If the court 275 receives such a notice from the state attorney, or if the grand 276 jury fails to act within the 21-day period, the court may 277 proceed as otherwise authorized under this part. 278 (3) Notwithstanding any other law, a child who commits an 279 offense for which he or she may be indicted and who has a 280 pending competency hearing in juvenile court or has been 281 previously found to be incompetent and has not been restored to 282 competency by a court may not be transferred to adult court for 283 criminal prosecution until the child’s competency is restored. A 284 pending competency hearing or a finding of incompetency tolls 285 the time limits in subsection (2). If the child is found to have 286 committed the offense punishable by death or by life 287 imprisonment, the child mayshallbe sentenced pursuant to s. 288 985.565as an adult. If the juvenile is not found to have 289 committed the indictable offense but is found to have committed 290 a lesser included offense or any other offense for which he or 291 she was indicted as a part of the criminal episode, the court 292 may sentence under s. 985.565. 293 (4)(a) IfOncea child has been indicted pursuant to this 294 section and has been found to have committed any offense for 295 which he or she was indicted as a part of the criminal episode, 296 the child shall be handled thereafter in every respect as if an 297 adult for any subsequent violation of state law, unless the 298 court imposes juvenile sanctions under s. 985.565. 299 (b) IfWhena child has been indicted pursuant to this 300 section, the court shall immediately transfer and certify to the 301 adult circuit court all felony cases pertaining to the child, 302 for prosecution of the child as an adult, which have not yet 303 resulted in a plea of guilty or nolo contendere or in which a 304 finding of guilt has not been made. If the child is acquitted of 305 all charged offenses or lesser included offenses contained in 306 the indictment case, all felony cases that were transferred to 307 adult court pursuant to this paragraph shall be subject to the 308 same penalties such cases were subject to before being 309 transferred to adult court. 310 Section 4. Subsection (54) of section 985.03, Florida 311 Statutes, is amended to read: 312 985.03 Definitions.—As used in this chapter, the term: 313 (54) “Waiver hearing” means a hearing provided for under s. 314 985.556(3)s. 985.556(4). 315 Section 5. Paragraphs (a) and (b) of subsection (4) of 316 section 985.565, Florida Statutes, are amended to read: 317 985.565 Sentencing powers; procedures; alternatives for 318 juveniles prosecuted as adults.— 319 (4) SENTENCING ALTERNATIVES.— 320 (a) Adult sanctions.— 321 1. Cases prosecuted on indictment.—If the child is found to 322 have committed the offense punishable by death or life 323 imprisonment, the child shall be sentenced as an adult. If the 324 juvenile is not found to have committed the indictable offense 325 but is found to have committed a lesser included offense or any 326 other offense for which he or she was indicted as a part of the 327 criminal episode, the court may sentence as follows: 328 a. As an adult; 329 b. Under chapter 958; or 330 c. As a juvenile under this section. 331 2. Other cases.—If a child who has been transferred for 332 criminal prosecution pursuant to information or waiver of 333 juvenile court jurisdiction is found to have committed a 334 violation of state law or a lesser included offense for which he 335 or she was charged as a part of the criminal episode, the court 336 may sentence as follows: 337 a. As an adult; 338 b. Under chapter 958; or 339 c. As a juvenile under this section. 340 3.Notwithstanding any other provision to the contrary, if341the state attorney is required to file a motion to transfer and342certify the juvenile for prosecution as an adult under s.343985.556(3) and that motion is granted, or if the state attorney344is required to file an information under s. 985.557(2)(a) or345(b), the court must impose adult sanctions.3464.Any sentence imposing adult sanctions is presumed 347 appropriate, and the court is not required to set forth specific 348 findings or enumerate the criteria in this subsection as any 349 basis for its decision to impose adult sanctions. 350 4.5.When a child has been transferred for criminal 351 prosecution as an adult and has been found to have committed a 352 violation of state law, the disposition of the case may include 353 the enforcement of any restitution ordered in any juvenile 354 proceeding. 355 (b) Juvenile sanctions.—For juveniles transferred to adult 356 courtbut who do not qualify for such transfer under s.357985.556(3) or s. 985.557(2)(a) or (b), the court may impose 358 juvenile sanctions under this paragraph. If juvenile sentences 359 are imposed, the court shall, under this paragraph, adjudge the 360 child to have committed a delinquent act. Adjudication of 361 delinquency shall not be deemed a conviction, nor shall it 362 operate to impose any of the civil disabilities ordinarily 363 resulting from a conviction. The court shall impose an adult 364 sanction or a juvenile sanction and may not sentence the child 365 to a combination of adult and juvenile punishments. An adult 366 sanction or a juvenile sanction may include enforcement of an 367 order of restitution or probation previously ordered in any 368 juvenile proceeding. However, if the court imposes a juvenile 369 sanction and the department determines that the sanction is 370 unsuitable for the child, the department shall return custody of 371 the child to the sentencing court for further proceedings, 372 including the imposition of adult sanctions. Upon adjudicating a 373 child delinquent under subsection (1), the court may: 374 1. Place the child in a probation program under the 375 supervision of the department for an indeterminate period of 376 time until the child reaches the age of 19 years or sooner if 377 discharged by order of the court. 378 2. Commit the child to the department for treatment in an 379 appropriate program for children for an indeterminate period of 380 time until the child is 21 or sooner if discharged by the 381 department. The department shall notify the court of its intent 382 to discharge no later than 14 days prior to discharge. Failure 383 of the court to timely respond to the department’s notice shall 384 be considered approval for discharge. 385 3. Order disposition under ss. 985.435, 985.437, 985.439, 386 985.441, 985.45, and 985.455 as an alternative to youthful 387 offender or adult sentencing if the court determines not to 388 impose youthful offender or adult sanctions. 389 390 It is the intent of the Legislature that the criteria and 391 guidelines in this subsection are mandatory and that a 392 determination of disposition under this subsection is subject to 393 the right of the child to appellate review under s. 985.534. 394 Section 6. For the purpose of incorporating the amendments 395 made by this act to sections 985.556 and 985.557, Florida 396 Statutes, in references thereto, subsection (1) of section 397 985.15, Florida Statutes, is reenacted to read: 398 985.15 Filing decisions.— 399 (1) The state attorney may in all cases take action 400 independent of the action or lack of action of the juvenile 401 probation officer and shall determine the action that is in the 402 best interest of the public and the child. If the child meets 403 the criteria requiring prosecution as an adult under s. 985.556, 404 the state attorney shall request the court to transfer and 405 certify the child for prosecution as an adult or shall provide 406 written reasons to the court for not making such a request. In 407 all other cases, the state attorney may: 408 (a) File a petition for dependency; 409 (b) File a petition under chapter 984; 410 (c) File a petition for delinquency; 411 (d) File a petition for delinquency with a motion to 412 transfer and certify the child for prosecution as an adult; 413 (e) File an information under s. 985.557; 414 (f) Refer the case to a grand jury; 415 (g) Refer the child to a diversionary, pretrial 416 intervention, arbitration, or mediation program, or to some 417 other treatment or care program if such program commitment is 418 voluntarily accepted by the child or the child’s parents or 419 legal guardian; or 420 (h) Decline to file. 421 Section 7. For the purpose of incorporating the amendments 422 made by this act to sections 985.556 and 985.557, Florida 423 Statutes, in references thereto, subsection (5) of section 424 985.265, Florida Statutes, is reenacted to read: 425 985.265 Detention transfer and release; education; adult 426 jails.— 427 (5) The court shall order the delivery of a child to a jail 428 or other facility intended or used for the detention of adults: 429 (a) When the child has been transferred or indicted for 430 criminal prosecution as an adult under part X, except that the 431 court may not order or allow a child alleged to have committed a 432 misdemeanor who is being transferred for criminal prosecution 433 pursuant to either s. 985.556 or s. 985.557 to be detained or 434 held in a jail or other facility intended or used for the 435 detention of adults; however, such child may be held temporarily 436 in a detention facility; or 437 (b) When a child taken into custody in this state is wanted 438 by another jurisdiction for prosecution as an adult. 439 440 The child shall be housed separately from adult inmates to 441 prohibit a child from having regular contact with incarcerated 442 adults, including trusties. “Regular contact” means sight and 443 sound contact. Separation of children from adults shall permit 444 no more than haphazard or accidental contact. The receiving jail 445 or other facility shall contain a separate section for children 446 and shall have an adequate staff to supervise and monitor the 447 child’s activities at all times. Supervision and monitoring of 448 children includes physical observation and documented checks by 449 jail or receiving facility supervisory personnel at intervals 450 not to exceed 10 minutes. This subsection does not prohibit 451 placing two or more children in the same cell. Under no 452 circumstances shall a child be placed in the same cell with an 453 adult. 454 Section 8. Upon the amendments made to section 985.26, 455 Florida Statutes, pursuant to section 11 of chapter 2018-86, 456 Laws of Florida, becoming effective and for the purpose of 457 incorporating the amendments made by this act to section 985.557 458 and 985.56, Florida Statutes, in a reference thereto, paragraph 459 (c) of subsection (2) of section 985.26, Florida Statutes, is 460 reenacted to read: 461 985.26 Length of detention.— 462 (2) 463 (c) A prolific juvenile offender under s. 985.255(1)(f) 464 shall be placed on supervised release detention care with 465 electronic monitoring or in secure detention care under a 466 special detention order until disposition. If secure detention 467 care is ordered by the court, it must be authorized under this 468 part and may not exceed: 469 1. Twenty-one days unless an adjudicatory hearing for the 470 case has been commenced in good faith by the court or the period 471 is extended by the court pursuant to paragraph (b); or 472 2. Fifteen days after the entry of an order of 473 adjudication. 474 475 As used in this paragraph, the term “disposition” means a 476 declination to file under s. 985.15(1)(h), the entry of nolle 477 prosequi for the charges, the filing of an indictment under s. 478 985.56 or an information under s. 985.557, a dismissal of the 479 case, or an order of final disposition by the court. 480 Section 9. This act shall take effect July 1, 2019.