H 2 — An act relating to increasing the minimum age for delinquency proceedings

BILL AS PASSED BY THE HOUSE H.2 Page 1 of 89 H.2 AnIntroduced actby relatingRepresentatives toLaLonde increasingof theSouth minimumBurlington, ageArsenault forof delinquencyWilliston, proceedingsDolan Itof isEssex herebyJunction, enactedand byRachelson theof GeneralBurlington AssemblyReferred ofto theCommittee Stateon ofDate: Vermont:

*Subject: * * Family Division Delinquency Jurisdiction * * * Sec.

Delinquency proceedings;

minimum age Statement of purpose of bill as introduced:

This bill proposes to increase the minimum age at which a child may be subject to juvenile delinquency proceedings from 10 to 12.

An act relating to increasing the minimum age for delinquency proceedings It is hereby enacted by the General Assembly of the State of Vermont:

Sec.

§§ 5102 5102 is amended to read:

* * * BILL AS PASSED BY THE HOUSE H.2 Page 2 of 9 (C) anAn individual who has been alleged to have committed or has committed an act of delinquency after becoming 10 12 years of age and prior to becoming 22 years of age, unless otherwise provided in chapter 52 or 52A of this title;

(i) that an individual who is alleged to have committed an act before attaining 10 12 years of age that would be murder as defined in 1313 V.S.A. V.S.A.

and (ii) that an individual may be considered a child for the period of time the court retains jurisdiction under section 5104 of this title.

* * * Sec.

2.

EFFECTIVE DATE This act shall take effect on passage.

* * * Family Division Delinquency Jurisdiction * * * Sec.

1.

33 V.S.A.

§ 5102 is amended to read:

§ 5102.

DEFINITIONS AND PROVISIONS OF GENERAL APPLICATION As used in the juvenile judicial proceedings chapters:

* * * (2) “Child” means any of the following:

* * * BILL AS PASSED BY THE HOUSE H.2 Page 3 of 9 (C) an individual who has been alleged to have committed or has committed an act of delinquency after becoming 10 12 years of age and prior to becoming 22 years of age, unless otherwise provided in chapter 52 or 52A of this title;

provided, however:

(i) that an individual who is alleged to have committed an act before attaining 10 years of age that would be murder as defined in 13 V.S.A.

§ if committed by an adult may be subject to delinquency proceedings;

VT LEG #381615 v.1 AS PASSED BY HOUSE H.2 Page 2 of 8 * * * Sec.

§§ 5103(c) 5103(c) is amended to read:

* * * BILL AS PASSED BY THE HOUSE H.2 Page 4 of 9 * * * Raise the Age * * * Sec.

[Deleted.] VT LEG #381615 v.1 AS PASSED BY HOUSE H.2 Page 3 of 8 Sec.

§§ 5201(d) 5201(d) is amended to read:

§§ 5203 5203 is amended to read:

TRANSFER FROM OTHER COURTS (a) If it appears to a Criminal Division of the Superior Court that the defendant was under 19 20 years of age at the time the offense charged was BILL AS PASSED BY THE HOUSE H.2 Page 5 of 9 alleged to have been committed and the offense charged is an offense not specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, that court shall forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

* * * VT LEG #381615 v.1 AS PASSED BY HOUSE H.2 Page 4 of 8 (c) If it appears to the State’s Attorney that the defendant was under 19 20 years of age at the time the felony offense charged was alleged to have been committed and the felony charged is not an offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, the State’s Attorney shall file charges in the Family Division of the Superior Court, pursuant to section 5201 of this title.

§§ 5204 5204 is amended to read:

TRANSFER FROM FAMILY DIVISION OF THE SUPERIOR COURT (a) After a petition has been filed alleging delinquency, upon motion of the State’s Attorney and after hearing, the Family Division of the Superior Court may transfer jurisdiction of the proceeding to the Criminal Division of the BILL AS PASSED BY THE HOUSE H.2 Page 6 of 9 Superior Court if the child had attained 16 years of age but not 19 20 years of age at the time the act was alleged to have occurred and the delinquent act set forth in the petition is a felony not specified in subdivisions (1)–(11) of this subsection or if the child had attained 12 years of age but not 14 years of age at the time the act was alleged to have occurred, and if the delinquent act set forth in the petition was any of the following:

* * * VT LEG #381615 v.1 AS PASSED BY HOUSE H.2 Page 5 of 8 Sec.

§§ 5103(c) 5103(c) is amended to read:

* * * BILL AS PASSED BY THE HOUSE H.2 Page 7 of 9 Sec.

§§ 5206 5206 is amended to read:

* * * VT LEG #381615 v.1 AS PASSED BY HOUSE H.2 Page 6 of 8 Sec.