Bill Text: FL S0876 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Direct Filing of an Information
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0876 Detail]
Download: Florida-2019-S0876-Introduced.html
Bill Title: Direct Filing of an Information
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0876 Detail]
Download: Florida-2019-S0876-Introduced.html
Florida Senate - 2019 SB 876 By Senator Powell 30-00879-19 2019876__ 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 985.557, F.S.; authorizing a child transferred to 4 adult court under certain provisions, or the child’s 5 defense counsel, to request in writing a hearing for a 6 certain determination; requiring a judge to conduct 7 the hearing within a certain timeframe after the 8 filing of the request; providing an exception; 9 requiring the judge to consider specified factors; 10 authorizing the judge to consider specified records; 11 providing for the right of specified persons at the 12 hearing to examine the records and question the 13 persons who created the records; requiring the adult 14 court to retain jurisdiction unless the court finds by 15 a preponderance of the evidence that certain factors 16 support returning the child to juvenile court; 17 requiring the adult court to render an order on its 18 decision; providing for review on appeal; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 985.557, Florida Statutes, is amended to 24 read: 25 985.557 Direct filing of an information; discretionary and 26 mandatory criteria.— 27 (1) DISCRETIONARY DIRECT FILE.— 28 (a) With respect to any child who was 14 or 15 years of age 29 at the time the alleged offense was committed, the state 30 attorney may file an information when in the state attorney’s 31 judgment and discretion the public interest requires that adult 32 sanctions be considered or imposed and when the offense charged 33 is for the commission of, attempt to commit, or conspiracy to 34 commit any of the following: 35 1. Arson.;36 2. Sexual battery.;37 3. Robbery.;38 4. Kidnapping.;39 5. Aggravated child abuse.;40 6. Aggravated assault.;41 7. Aggravated stalking.;42 8. Murder.;43 9. Manslaughter.;44 10. Unlawful throwing, placing, or discharging of a 45 destructive device or bomb.;46 11. Armed burglary in violation of s. 810.02(2)(b) or 47 specified burglary of a dwelling or structure in violation of s. 48 810.02(2)(c), or burglary with an assault or battery in 49 violation of s. 810.02(2)(a).;50 12. Aggravated battery.;51 13. Any lewd or lascivious offense committed upon or in the 52 presence of a person less than 16 years of age.;53 14. Carrying, displaying, using, threatening, or attempting 54 to use a weapon or firearm during the commission of a felony.;55 15. Grand theft in violation of s. 812.014(2)(a).;56 16. Possessing or discharging any weapon or firearm on 57 school property in violation of s. 790.115.;58 17. Home invasion robbery.;59 18. Carjacking.; or60 19. Grand theft of a motor vehicle in violation of s. 61 812.014(2)(c)6. or grand theft of a motor vehicle valued at 62 $20,000 or more in violation of s. 812.014(2)(b) if the child 63 has a previous adjudication for grand theft of a motor vehicle 64 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 65 (b) With respect to any child who was 16 or 17 years of age 66 at the time the alleged offense was committed, the state 67 attorney may file an information when in the state attorney’s 68 judgment and discretion the public interest requires that adult 69 sanctions be considered or imposed. However, the state attorney 70 may not file an information on a child charged with a 71 misdemeanor, unless the child has had at least two previous 72 adjudications or adjudications withheld for delinquent acts, one 73 of which involved an offense classified as a felony under state 74 law. 75 (2) MANDATORY DIRECT FILE.— 76 (a) With respect to any child who was 16 or 17 years of age 77 at the time the alleged offense was committed, the state 78 attorney shall file an information if the child has been 79 previously adjudicated delinquent for an act classified as a 80 felony, which adjudication was for the commission of, attempt to 81 commit, or conspiracy to commit murder, sexual battery, armed or 82 strong-armed robbery, carjacking, home-invasion robbery, 83 aggravated battery, or aggravated assault, and the child is 84 currently charged with a second or subsequent violent crime 85 against a person. 86 (b) With respect to any child 16 or 17 years of age at the 87 time an offense classified as a forcible felony, as defined in 88 s. 776.08, was committed, the state attorney shall file an 89 information if the child has previously been adjudicated 90 delinquent or had adjudication withheld for three acts 91 classified as felonies each of which occurred at least 45 days 92 apart from each other. This paragraph does not apply when the 93 state attorney has good cause to believe that exceptional 94 circumstances exist which preclude the just prosecution of the 95 juvenile in adult court. 96 (c) The state attorney must file an information if a child, 97 regardless of the child’s age at the time the alleged offense 98 was committed, is alleged to have committed an act that would be 99 a violation of law if the child were an adult, that involves 100 stealing a motor vehicle, including, but not limited to, a 101 violation of s. 812.133, relating to carjacking, or s. 102 812.014(2)(c)6., relating to grand theft of a motor vehicle, and 103 while the child was in possession of the stolen motor vehicle 104 the child caused serious bodily injury to or the death of a 105 person who was not involved in the underlying offense. For 106 purposes of this section, the driver and all willing passengers 107 in the stolen motor vehicle at the time such serious bodily 108 injury or death is inflicted shall also be subject to mandatory 109 transfer to adult court. “Stolen motor vehicle,” for the 110 purposes of this section, means a motor vehicle that has been 111 the subject of any criminal wrongful taking. For purposes of 112 this section, “willing passengers” means all willing passengers 113 who have participated in the underlying offense. 114 (d)1. With respect to any child who was 16 or 17 years of 115 age at the time the alleged offense was committed, the state 116 attorney shall file an information if the child has been charged 117 with committing or attempting to commit an offense listed in s. 118 775.087(2)(a)1.a.-p., and, during the commission of or attempt 119 to commit the offense, the child: 120 a. Actually possessed a firearm or destructive device, as 121 those terms are defined in s. 790.001. 122 b. Discharged a firearm or destructive device, as described 123 in s. 775.087(2)(a)2. 124 c. Discharged a firearm or destructive device, as described 125 in s. 775.087(2)(a)3., and, as a result of the discharge, death 126 or great bodily harm was inflicted upon any person. 127 2. Upon transfer, any child who is: 128 a. Charged under sub-subparagraph 1.a. and who has been 129 previously adjudicated or had adjudication withheld for a 130 forcible felony offense or any offense involving a firearm, or 131 who has been previously placed in a residential commitment 132 program, shall be subject to sentencing under s. 775.087(2)(a), 133 notwithstanding s. 985.565. 134 b. Charged under sub-subparagraph 1.b. or sub-subparagraph 135 1.c., shall be subject to sentencing under s. 775.087(2)(a), 136 notwithstanding s. 985.565. 137 3. Upon transfer, any child who is charged under this 138 paragraph, but who does not meet the requirements specified in 139 subparagraph 2., shall be sentenced under s. 985.565; however, 140 if the court imposes a juvenile sanction, the court must commit 141 the child to a high-risk or maximum-risk juvenile facility. 142 4. This paragraph shall not apply if the state attorney has 143 good cause to believe that exceptional circumstances exist that 144 preclude the just prosecution of the child in adult court. 145 5. The Department of Corrections shall make every 146 reasonable effort to ensure that any child 16 or 17 years of age 147 who is convicted and sentenced under this paragraph be 148 completely separated such that there is no physical contact with 149 adult offenders in the facility, to the extent that it is 150 consistent with chapter 958. 151 (3) EFFECT OF DIRECT FILE.— 152 (a) Once a child has been transferred for criminal 153 prosecution pursuant to an information and has been found to 154 have committed the presenting offense or a lesser included 155 offense, the child shall be handled thereafter in every respect 156 as if an adult for any subsequent violation of state law, unless 157 the court imposes juvenile sanctions under s. 985.565. 158 (b) When a child is transferred for criminal prosecution as 159 an adult, the court shall immediately transfer and certify to 160 the adult circuit court all felony cases pertaining to the 161 child, for prosecution of the child as an adult, which have not 162 yet resulted in a plea of guilty or nolo contendere or in which 163 a finding of guilt has not been made. If a child is acquitted of 164 all charged offenses or lesser included offenses contained in 165 the original case transferred to adult court, all felony cases 166 that were transferred to adult court as a result of this 167 paragraph shall be subject to the same penalties to which such 168 cases would have been subject before being transferred to adult 169 court. 170 (c) When a child has been transferred for criminal 171 prosecution as an adult and has been found to have committed a 172 violation of state law, the disposition of the case may be made 173 under s. 985.565 and may include the enforcement of any 174 restitution ordered in any juvenile proceeding. 175 (4) CHARGES INCLUDED ON INFORMATION.—An information filed 176 pursuant to this section may include all charges that are based 177 on the same act, criminal episode, or transaction as the primary 178 offenses. 179 (5) HEARING BEFORE JUDGE.—A child who is transferred to 180 adult court under this section or s. 985.56, or the child’s 181 defense counsel, may request in writing a hearing to determine 182 whether the child must remain in adult court. 183 (a) The judge shall conduct the hearing within 30 days, 184 excluding weekends and legal holidays, after the filing of the 185 request, unless good cause is shown for a delay. The purpose of 186 the hearing is for the court to determine whether it is 187 necessary for protection of the community that the child is 188 prosecuted in adult court. The judge shall consider all of the 189 following: 190 1. The recommendation of the department, through review and 191 consideration of the recommendations of the department’s 192 caseworker. 193 2. The sophistication and maturity of the child, including: 194 a. The effect, if any, of immaturity, impetuosity, or 195 failure to appreciate risks and consequences on the child’s 196 participation in the offense. 197 b. The child’s age, maturity, intellectual capacity, and 198 mental and emotional health at the time of the offense. 199 c. The effect, if any, of characteristics attributable to 200 the child’s youth on the child’s judgment. 201 3. The record and history of the child, including: 202 a. Prior contacts with the department, the Department of 203 Corrections, the Department of Children and Families, other law 204 enforcement agencies, or the courts. 205 b. Prior periods of probation. 206 c. Prior adjudications that the child committed a 207 delinquent act or violation of law, with greater weight being 208 given if the child has previously been found by a court to have 209 committed a delinquent act or violation of law involving 210 violence to persons. 211 d. Prior commitments to institutions of the department, the 212 Department of Corrections, or agencies under contract with 213 either department. 214 e. Patterns of criminality or patterns of escalation. 215 f. History of trauma, abuse or neglect, foster care 216 placements, failed adoption, fetal alcohol syndrome, exposure to 217 controlled substances at birth, or below-average intellectual 218 functioning. 219 g. Identification of the child as a student requiring 220 exceptional student education or having previously received 221 psychological services. 222 h. Whether the child has previously been convicted and 223 sentenced as an adult. 224 4. The nature of the alleged offense and the child’s 225 participation, including: 226 a. Whether the offense is punishable by death or life 227 imprisonment. 228 b. Whether the offense was against persons or property. 229 c. Whether the offense is alleged to have been committed in 230 an aggressive, violent, or premeditated manner. 231 d. The extent of the child’s alleged participation in the 232 offense. 233 e. The effect, if any, of familial pressure or peer 234 pressure on the child’s actions. 235 5. The prospects for adequate protection of the public and 236 the likelihood of reasonable rehabilitation of the child, if the 237 child is found to have committed the alleged offense: 238 a. By the use of procedures, services, and facilities 239 currently available to the juvenile court. 240 b. By the use of procedures, services, and facilities 241 currently available to the adult court, including whether the 242 lowest permissible sentence under the Criminal Punishment Code 243 is a nonstate prison sanction. 244 6. Cost-effective alternatives available to divert the 245 child from the criminal justice system and the juvenile justice 246 system and offer rehabilitative services for the child. 247 7. Whether the child could obtain habilitative or 248 rehabilitative services available in the juvenile justice 249 system. 250 8. Whether the child could receive a sentence in juvenile 251 court that would provide adequate safety and protection for the 252 community. 253 9. Whether the child’s best interests would be served by 254 prosecuting the child in juvenile court. 255 (b) The judge may consider any reports that may assist him 256 or her, including prior pre-disposition reports, psycho-social 257 assessments, individualized educational programs, developmental 258 assessments, school records, abuse or neglect reports, home 259 studies, protective investigations, or psychological or 260 psychiatric evaluations. The child, the child’s parents or legal 261 guardians, the child’s defense counsel, and the state attorney 262 have the right to examine these records and to question the 263 parties responsible for creating them at the hearing. 264 (c) The adult court shall retain jurisdiction unless the 265 court finds by a preponderance of the evidence that the factors 266 listed in subsection (a) support returning the child to juvenile 267 court. 268 (d) The adult court shall render an order including 269 specific findings of fact and the reasons for its decision. The 270 order is reviewable on appeal under s. 985.534 and the Florida 271 Rules of Appellate Procedure. 272 Section 2. This act shall take effect July 1, 2019.