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HB146
CXXVIWW-2
By Representatives Pettus, Kirkland
RFD: Public Safety and Homeland Security
First Read: 04-Feb-25
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First Read: 04-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Section
15-19-1, Code of Alabama 1975, to prohibit a judge from
granting youthful offender status to an individual who is 16
years of age or older and charged with capital murder or
murder.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
Jolee's Law.
Section 2. Section 15-19-1, Code of Alabama 1975, is
amended to read as follows:
"§15-19-1
(a) Except as provided in subsection (c), an individual
A person charged with a crime which that was committed in his
or her minority prior to the individual reaching 21 years of
age but was not disposed of in juvenile court and which that
involves moral turpitude or is subject to a sentence of
commitment for one year or more shall be, and, if charged with
a lesser crime, may be investigated and examined by the court .
to The court shall determine whether he or she should be tried
as a youthful offender, provided he or she consents to such
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as a youthful offender, provided he or she consents to such
the examination and to trial without a jury where trial by
jury would otherwise be available to the defendant. If the
defendant consents and the court so decides, no further action
shall be taken on the indictment or information unless
otherwise ordered by the court as provided in subsection (b).
(b) After such the investigation and examination, the
court, in its discretion, may direct order either of the
following:
(1) That that the defendant be arraigned as a youthful
offender, and that no further action shall be taken on the
indictment or information ; or the court may decide .
(2) That that the defendant shall not be arraigned as a
youthful offender , whereupon and that the indictment or
information shall be deemed filed.
(c) An individual who has attained the age 16 years of
age or older at the time of the offense and who is charged
with capital murder pursuant to Section 13A-5-40 or murder
pursuant to Section 13A-6-2(a)(1) may not be tried as a
youthful offender pursuant to subsection (a) but shall be
charged, arrested, and tried as an adult.
(d)(1) In addition to the provisions of subsections (a)
and (b), when When the defendant is charged with a crime that
contains as an element of the crime or an allegation related
to the charge that the defendant intentionally inflicted
serious physical injury or intentionally killed the victim in
the commission of the crime, prior to conducting a hearing or
examination on whether the defendant will be arraigned as a
youthful offender, the victim shall receive notice 10 days
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youthful offender, the victim shall receive notice 10 days
prior to the hearing pursuant to the provisions of the Crime
Victims' Rights Act , 18 U.S.C. § 3771 .
(2) In addition, the The court shall conduct an
evidentiary hearing on the allegations of the crime and the
extent of injuries of the victim and shall consider the
evidence prior to determining youthful offender status.
(3) The failure to provide a right, privilege, or
notice to a victim under this subsection shall not be grounds
for the defendant or victim to seek to have the disposition of
the case set aside."
Section 3. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Public Safety and
Homeland Security
................04-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................27-Feb-25
Read for the third time and passed
as amended
Yeas 67
Nays 33
Abstains 2
................04-Mar-25
John Treadwell
Clerk
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