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Alabama House Bill HB492

Alabama 2025 Regular Session

Alabama House Bill HB492 Compare Versions

Only one version of the bill is available at this time.
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33 HB492
44 W1WII5E-1
55 By Representatives Pettus, Bedsole, Treadaway, Stringer,
66 Reynolds, Bolton
77 RFD: Judiciary
88 First Read: 01-Apr-25
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1414 6 W1WII5E-1 03/25/2025 THR (L)THR 2025-1310
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1616 First Read: 01-Apr-25
1717 SYNOPSIS:
1818 Under existing law, a juvenile court has
1919 exclusive original jurisdiction over a delinquent act
2020 committed by a child.
2121 Also under existing law, a nonfelony offense or
2222 water safety offense committed by a child 14 or 15
2323 years of age, other than driving under the influence or
2424 operation of a vessel while under the influence, is a
2525 delinquent act for purposes of juvenile proceedings.
2626 This bill would provide that a nonfelony offense
2727 or water safety offense committed by a child 14 or 15
2828 years of age, other than driving under the influence or
2929 operation of a vessel while under the influence, is not
3030 a delinquent act for purposes of juvenile proceedings.
3131 A BILL
3232 TO BE ENTITLED
3333 AN ACT
3434 Relating to juvenile offenders; to amend Section
3535 12-15-102, Code of Alabama 1975, to further provide for what
3636 qualifies as a delinquent act for purposes of juvenile
3737 proceedings.
3838 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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6868 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
6969 Section 1. Section 12-15-102, Code of Alabama 1975, is
7070 amended to read as follows:
7171 "ยง12-15-102
7272 When used in For the purposes of this chapter, the
7373 following words and phrases terms have the following meanings:
7474 (1) ADULT. An individual 19 years of age or older.
7575 (2) AFTERCARE. Conditions and supervision as the
7676 juvenile court orders after release from the Department of
7777 Youth Services.
7878 (3) CHILD. An individual under the age of 18 years of
7979 age, or under 21 years of age and before the juvenile court
8080 for a delinquency matter arising before that individual's 18th
8181 birthday, or under 19 years of age and before the juvenile
8282 court for a child in need of supervision matter or commitment
8383 to the State Department of Mental Health , or under 19 years of
8484 age and before the juvenile court for a proceeding initiated
8585 under Section 12-15-115(b)(2). Where a delinquency petition
8686 alleges that an individual, prior to the individual's 18th
8787 birthday, has committed an offense for which there is no
8888 statute of limitation pursuant to Section 15-3-5, the term
8989 child also shall include includes the individual subject to
9090 the petition, regardless of the age of the individual at the
9191 time of filing.
9292 (4) CHILD IN NEED OF SUPERVISION. A child who has been
9393 adjudicated by a juvenile court for doing any of the following
9494 and who is in need of care, rehabilitation, or supervision:
9595 a. Being subject to the requirement of compulsory
9696 school attendance, is habitually truant from school as defined
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126126 school attendance, is habitually truant from school as defined
127127 by the State Board of Education in the Alabama Administrative
128128 Code. Notwithstanding the foregoing, a child shall not be
129129 found in need of supervision pursuant to this subdivision if
130130 the juvenile court determines that the parent, legal guardian,
131131 or legal custodian of the child was solely responsible for the
132132 nonattendance of the child.
133133 b. Disobeys the reasonable and lawful demands of his or
134134 her parent, legal guardian, or legal custodian and is beyond
135135 the control of the parent, legal guardian, or legal custodian.
136136 c. Leaves, or remains away from, the home without the
137137 permission of the parent, legal guardian, legal custodian, or
138138 person with whom he or she resides.
139139 d. Commits an offense established by law but not
140140 classified as criminal.
141141 (5) CHILD'S ATTORNEY. A licensed attorney who provides
142142 legal services for a child, or for a minor in a mental
143143 commitment proceeding, and who owes the same duties of
144144 undivided loyalty, confidentiality, and competent
145145 representation to the child or minor as is due an adult
146146 client.
147147 (6) DELINQUENT ACT. An act committed by a child that is
148148 designated a violation, misdemeanor, or felony offense
149149 pursuant to the law of the municipality, county, or state in
150150 which the act was committed or pursuant to federal law. This
151151 term shall not apply to any of the following:
152152 a. An offense when committed by a child 16 or 17 years
153153 of age as follows:
154154 1. A nonfelony traffic offense or water safety offense
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184184 1. A nonfelony traffic offense or water safety offense
185185 other than one charged pursuant to Section 32-5A-191 or
186186 32-5A-191.3 or a municipal ordinance prohibiting the same
187187 conduct.
188188 2. A capital offense.
189189 3. A Class A felony.
190190 4. A felony which has as an element the use of a deadly
191191 weapon.
192192 5. A felony which has as an element the causing of
193193 death or serious physical injury.
194194 6. A felony which has as an element the use of a
195195 dangerous instrument against any person who is one of the
196196 following:
197197 (i) A law enforcement officer or official.
198198 (ii) A correctional officer or official.
199199 (iii) A parole or probation officer or official.
200200 (iv) A juvenile court probation officer or official.
201201 (v) A district attorney or other prosecuting officer or
202202 official.
203203 (vi) A judge or judicial official.
204204 (vii) A court officer or official.
205205 (viii) A person An individual who is a grand juror,
206206 juror, or witness in any legal proceeding of whatever nature
207207 when the offense stems from, is caused by, or is related to
208208 the role of the person individual as a juror, grand juror, or
209209 witness.
210210 (ix) A teacher, principal, or employee of the public
211211 education system of Alabama.
212212 7. Trafficking in drugs in violation of Section
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242242 7. Trafficking in drugs in violation of Section
243243 13A-12-231, or as the same may be amended.
244244 8. Any lesser included offense of the offenses in
245245 subparagraphs 1. to 7., inclusive, charged or any lesser
246246 felony offense charged arising from the same facts and
247247 circumstances and committed at the same time as the offenses
248248 listed in subparagraphs 1 . to 7., inclusive.
249249 b. Any criminal act, offense, or violation committed by
250250 a child under the age of 18 years of age who has been
251251 previously convicted or adjudicated a youthful offender.
252252 c. A nonfelony traffic offense or water safety offense,
253253 other than one charged pursuant to Sections 32-5A-191 or
254254 32-5A-191.3 or a municipal ordinance prohibiting the same
255255 conduct, committed by a child 14 or 15 years of age.
256256 (7) DELINQUENT CHILD. A child who has been adjudicated
257257 for a delinquent act and is in need of care or rehabilitation.
258258 (8) DEPENDENT CHILD. a. A child who has been
259259 adjudicated dependent by a juvenile court and is in need of
260260 care or supervision and meets any of the following
261261 circumstances:
262262 1. Whose parent, legal guardian, legal custodian, or
263263 other custodian subjects the child or any other child in the
264264 household to abuse, as defined in Section 12-15-301 , or
265265 neglect, as defined in Section 12-15-301, or allows the child
266266 to be so subjected.
267267 2. Who is without a parent, legal guardian, or legal
268268 custodian willing and able to provide for the care, support,
269269 or education of the child.
270270 3. Whose parent, legal guardian, legal custodian, or
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300300 3. Whose parent, legal guardian, legal custodian, or
301301 other custodian neglects or refuses, when able to do so or
302302 when the service is offered without charge, to provide or
303303 allow medical, surgical, or other care necessary for the
304304 health or well-being of the child.
305305 4. Whose parent, legal guardian, legal custodian, or
306306 other custodian fails, refuses, or neglects to send the child
307307 to school in accordance with the terms of the compulsory
308308 school attendance laws of this state.
309309 5. Whose parent, legal guardian, legal custodian, or
310310 other custodian has abandoned the child, as defined in
311311 subdivision (1) of Section 12-15-301.
312312 6. Whose parent, legal guardian, legal custodian, or
313313 other custodian is unable or unwilling to discharge his or her
314314 responsibilities to and for the child.
315315 7. Who has been placed for care or adoption in
316316 violation of the law.
317317 8. Who, for any other cause, is in need of the care and
318318 protection of the state.
319319 b. The commission of one or more status offenses as
320320 defined in subdivision (4) of Section 12-15-201 is not a
321321 sufficient basis for an adjudication of dependency.
322322 (9) DETENTION. The temporary placement of children
323323 alleged or adjudicated to be delinquent in secure custody as
324324 defined herein pending juvenile court disposition or transfer
325325 to a residential facility for further care of a child
326326 adjudicated delinquent.
327327 (10) GUARDIAN AD LITEM. A licensed attorney appointed
328328 by a juvenile court to protect the best interests of an
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358358 by a juvenile court to protect the best interests of an
359359 individual without being bound by the expressed wishes of that
360360 individual.
361361 (11) INTAKE OFFICER. A juvenile probation officer or an
362362 employee of the judicial branch of government, who is neutral
363363 and detached from executive and legislative branch activities,
364364 designated by the juvenile court judge to initiate original
365365 delinquency, dependency, and child in need of supervision
366366 cases, as well as cases designated in Section 12-15-132,
367367 before the juvenile court. The juvenile court intake officer
368368 shall be appointed a magistrate pursuant to Rule 18, Alabama
369369 Rules of Judicial Administration, to issue warrants of arrest
370370 for individuals 18 years of age or older committing criminal
371371 offenses under the jurisdiction of the juvenile court.
372372 (12) JUVENILE COURT. The juvenile or family court
373373 division of the circuit or district court having jurisdiction
374374 over matters as provided by this chapter.
375375 (13) JUVENILE DETENTION FACILITY. Any facility owned or
376376 operated by the state, any county, or other legal entity
377377 licensed by and contracted with the Department of Youth
378378 Services for the detention of children.
379379 (14) LAW ENFORCEMENT OFFICER. Any personindividual,
380380 however denominated, who is authorized by law to exercise the
381381 police powers of the state, a county, or local governments.
382382 (15) LEGAL CUSTODIAN. A parent, person, agency, or
383383 department to whom legal custody of a child under the
384384 jurisdiction of the juvenile court pursuant to this chapter
385385 has been awarded by order of the juvenile court or other court
386386 of competent jurisdiction.
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416416 of competent jurisdiction.
417417 (16) LEGAL CUSTODY. A legal status created by order of
418418 the juvenile court which vests in a legal custodian the right
419419 to have physical custody of a child under the jurisdiction of
420420 the juvenile court pursuant to this chapter and the right and
421421 duty to protect, train, and discipline the child and to
422422 provide the child with food, shelter, clothing, education, and
423423 medical care, all subject to the powers, rights, duties, and
424424 responsibilities of the legal guardian of the person of the
425425 child and subject to any residual parental rights and
426426 responsibilities. A parent, person, agency, or department
427427 granted legal custody shall exercise the rights and
428428 responsibilities personally, unless otherwise restricted by
429429 the juvenile court.
430430 (17) LEGAL GUARDIAN. A person who has been appointed by
431431 a probate court pursuant to the Alabama Uniform Guardianship
432432 and Protective Proceedings Act, Chapter 2A (commencing with
433433 Section 26-2A-1) of Title 26 to be a guardian of a person an
434434 individual under 19 years of age who has not otherwise had the
435435 disabilities of minority removed. This term does not include a
436436 guardian ad litem as defined in this section.
437437 (18) MINOR. An individual who is under the age of 19
438438 years of age and who is not a child within the meaning of this
439439 chapter.
440440 (19) PARENT. The legal mother or the legal father of a
441441 child under the jurisdiction of the juvenile court pursuant to
442442 this chapter.
443443 (20) PICK-UP ORDER. In any case before the juvenile
444444 court, an order directing any law enforcement officer or other
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474474 court, an order directing any law enforcement officer or other
475475 person authorized by this chapter to take a child into custody
476476 and to deliver the child to a place of detention, shelter, or
477477 other care designated by the juvenile court.
478478 (21) PROBATION. The legal status created by order of
479479 the juvenile court following an adjudication of delinquency or
480480 in need of supervision whereby a child is permitted to remain
481481 in a community subject to supervision and return to the
482482 juvenile court for violation of probation at any time during
483483 the period of probation.
484484 (22) RESIDENTIAL FACILITY. A dwelling, other than a
485485 detention or shelter care facility, providing living
486486 accommodations, care, treatment, and maintenance for children,
487487 including, but not limited to, institutions, foster family
488488 homes, group homes, half-way houses, and forestry camps
489489 operated, accredited, or licensed by a federal or state
490490 department or agency.
491491 (23) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES.
492492 Those rights and responsibilities remaining with a parent
493493 after a transfer of legal custody of a child under the
494494 jurisdiction of the juvenile court pursuant to this chapter,
495495 including, but not necessarily limited to, the right of
496496 visitation, the right to withhold consent to adoption, the
497497 right to determine religious affiliation, and the
498498 responsibility for support, unless determined by order of the
499499 juvenile court not to be in the best interests of the child.
500500 (24) SECURE CUSTODY. As used with regard to juvenile
501501 detention facilities and the Department of Youth Services,
502502 this term means residential facilities with construction
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532532 this term means residential facilities with construction
533533 features designed to physically restrict the movements and
534534 activities of persons individuals in custody such as locked
535535 rooms and buildings, including rooms and buildings that
536536 contain alarm devices that prevent departure ;, fences;, or
537537 other physical structures. This term does not include
538538 facilities where physical restriction of movement or activity
539539 is provided solely through facility staff.
540540 (25) SHELTER CARE. The temporary care of children in
541541 group homes, foster care, relative placement, or other
542542 nonpenal facilities."
543543 Section 2. This act shall become effective on October
544544 1, 2025.
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