HB 613 — Prosecuting Children as Adults

Summary

Prosecuting Children as Adults; Prohibits jail or other adult facility from holding child w transferred to adult court for criminal prosecution before hearing to determine if child should be prosecuted as an adult, unless hearing waived; removes requirement for state attorney to request court to transfer & certify child for prosecution as adult or to provide written reasons to court for not making such request; removes references to state attorney's discretion to direct file juvenile; revises discretionary direct file criteria; provides for due process evidentiary hearing before judge upon filing by state attorney of information transferring child to adult court; provides requirements for order to transfer to adult court.

Bill Text

• Introduced H 613 Filed Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the process for prosecuting children as adults, ensuring that children are not held in adult facilities without a hearing and removing certain requirements for state attorneys.

• 985.265

  may not be held in a jail or other facility intended or used for the detention of adults before a court finding, as a result of a hearing provided for under s. 985.557(3), that the child should be prosecuted as an adult, unless the child waives his or her right to such hearing; → may not be held in a jail or other facility intended or used for the detention of adults before a specified hearing is held to determine if the child should be prosecuted as an adult, unless the child waives his or her right to such hearing;

  The bill specifies that children transferred to adult court cannot be detained in adult facilities prior to a hearing.

• 985.556

  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. 985.557(1). → The state attorney may file a motion requesting the court to transfer the child for criminal prosecution if the child was 14 years of age or older at the time the alleged delinquent act or violation of law was committed.

  The bill removes the requirement for state attorneys to request a transfer for prosecution as adults, allowing for more discretion.

• 985.557

  The state attorney may file an information when in the state attorney's judgment and discretion the public interest requires that adult sanctions be considered or imposed and when the offense charged is for the commission of, attempt to commit, or conspiracy to commit: → The state attorney may file an information when in the state attorney's judgment and discretion the public interest requires that adult sanctions be considered or imposed. 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 as defined in s. 776.08 under state law.

  The bill revises the circumstances under which state attorneys may directly file charges against children, adding additional restrictions on misdemeanors.

• 985.557

  a child charged with a crime or his or her parent or legal guardian must be afforded a due process evidentiary hearing before a judge → the court must advise the child and his or her parent or legal guardian that the child has the right to a due process evidentiary hearing before a judge.

  This requires that parents or guardians are informed of the child's right to a due process hearing upon transfer to adult court.

• 985.557

  The judge shall conduct the hearing within 30 days after the request, excluding Saturdays, Sundays, and legal holidays, unless the child or the child's attorney shows good cause for a delay. → The judge shall conduct the hearing within a certain timeframe.

  The change emphasizes the importance of a timely hearing process.

Action History

1. June 16, 2025

   Died in Criminal Justice Subcommittee

2. May 03, 2025

   Indefinitely postponed and withdrawn from consideration

3. March 04, 2025

   1st Reading (Original Filed Version)

4. February 19, 2025

   Now in Criminal Justice Subcommittee

5. February 19, 2025

   Referred to Judiciary Committee

6. February 19, 2025

   Referred to Criminal Justice Subcommittee

7. February 13, 2025

   Filed

Sponsors

• Dianne "Ms Dee" Hart-Lowman · Primary

Subjects