SB 640 — Prosecuting Children as Adults

Florida Senate - 2021 CS for SB 640 By Senatorthe PowellCommittee 30-00642-21on 2021640__Criminal AJustice; bill to be entitled An act relating to prosecuting children as adults;

and Senators Powell and Farmer 591-02932A-21 2021640c1 A bill to be entitled An act relating to prosecuting children as adults;

985.03, F.S.;

conforming a cross-reference;

amending s.

authorizing, rather than requiring, a child to be sentenced as an adult if the child is found to have committed an offense punishable by death or life imprisonment;

amending s.

985.03, F.S.;

conforming a cross-reference;

4144 Be It Enacted by the Legislature of the State of Florida:

4346 Section 1. Subsections (2) and (3) of section 985.556, Florida Statutes, are amended, and subsection (1) of that section is republished, to read:

8386 the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such request, or proceed under s.

(b) With respect to any child who was 16 or 17 years of age at the time the alleged violentforcible felonyfelony, offenseas wasdefined committed, the state attorney may file an information when in thes. state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed.

However,776.08, offense was committed, the state attorney may not file an information onwhen ain childthe chargedstate withattorney’s ajudgment misdemeanor,and unlessdiscretion the childpublic hasinterest hadrequires atthat leastadult twosanctions previousbe adjudicationsconsidered or adjudicationsimposed. withheld for delinquent acts, one of which involved an offense classified as a violent felony under state law.

However, the state attorney may not file an information on a child charged with a misdemeanor, unless the child has had at least two previous adjudications or adjudications withheld for delinquent acts, one of which involved an offense classified as a forcible felony under state law.

Section 4. Subsection4. Paragraphs (54)(a) and (b) of subsection (4) of section 985.03,985.565, Florida Statutes, isare amended to read:

985.03 Definitions.—As used in this chapter, the term:

(54) “Waiver hearing” means a hearing provided for under s.

985.556(3) s.

985.556(4).

Section 5. Paragraphs (a) and (b) of subsection (4) of section 985.565, Florida Statutes, are amended to read:

alternatives for juveniles prosecuted as adults.— (4) SENTENCING ALTERNATIVES.— (a) Adult sanctions.— 1. Cases prosecuted on indictment.—If the child is found to have committed the offense punishable by death or life imprisonment, the child may shall be sentenced as an adult.

311310 It is the intent of the Legislature that the criteria and guidelines in this subsection are mandatory and that a determination of disposition under this subsection is subject to the right of the child to appellate review under s.

Section 5. Subsection (54) of section 985.03, Florida Statutes, is amended to read:

985.03 Definitions.—As used in this chapter, the term:

(54) “Waiver hearing” means a hearing provided for under s.

985.556(3) s.

985.556(4).

334338 The child shall be housed separately from adult inmates to prohibit a child from having regular contact with incarcerated adults, including trusties.

393397 As used in this paragraph, the term “disposition” means a declination to file under s.