HB492INTRODUCED
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HB492
W1WII5E-1
By Representatives Pettus, Bedsole, Treadaway, Stringer,
Reynolds, Bolton
RFD: Judiciary
First Read: 01-Apr-25
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6 W1WII5E-1 03/25/2025 THR (L)THR 2025-1310
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First Read: 01-Apr-25
SYNOPSIS:
Under existing law, a juvenile court has
exclusive original jurisdiction over a delinquent act
committed by a child.
Also under existing law, a nonfelony offense or
water safety offense committed by a child 14 or 15
years of age, other than driving under the influence or
operation of a vessel while under the influence, is a
delinquent act for purposes of juvenile proceedings.
This bill would provide that a nonfelony offense
or water safety offense committed by a child 14 or 15
years of age, other than driving under the influence or
operation of a vessel while under the influence, is not
a delinquent act for purposes of juvenile proceedings.
A BILL
TO BE ENTITLED
AN ACT
Relating to juvenile offenders; to amend Section
12-15-102, Code of Alabama 1975, to further provide for what
qualifies as a delinquent act for purposes of juvenile
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-15-102, Code of Alabama 1975, is
amended to read as follows:
"ยง12-15-102
When used in For the purposes of this chapter, the
following words and phrases terms have the following meanings:
(1) ADULT. An individual 19 years of age or older.
(2) AFTERCARE. Conditions and supervision as the
juvenile court orders after release from the Department of
Youth Services.
(3) CHILD. An individual under the age of 18 years of
age, or under 21 years of age and before the juvenile court
for a delinquency matter arising before that individual's 18th
birthday, or under 19 years of age and before the juvenile
court for a child in need of supervision matter or commitment
to the State Department of Mental Health , or under 19 years of
age and before the juvenile court for a proceeding initiated
under Section 12-15-115(b)(2). Where a delinquency petition
alleges that an individual, prior to the individual's 18th
birthday, has committed an offense for which there is no
statute of limitation pursuant to Section 15-3-5, the term
child also shall include includes the individual subject to
the petition, regardless of the age of the individual at the
time of filing.
(4) CHILD IN NEED OF SUPERVISION. A child who has been
adjudicated by a juvenile court for doing any of the following
and who is in need of care, rehabilitation, or supervision:
a. Being subject to the requirement of compulsory
school attendance, is habitually truant from school as defined
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school attendance, is habitually truant from school as defined
by the State Board of Education in the Alabama Administrative
Code. Notwithstanding the foregoing, a child shall not be
found in need of supervision pursuant to this subdivision if
the juvenile court determines that the parent, legal guardian,
or legal custodian of the child was solely responsible for the
nonattendance of the child.
b. Disobeys the reasonable and lawful demands of his or
her parent, legal guardian, or legal custodian and is beyond
the control of the parent, legal guardian, or legal custodian.
c. Leaves, or remains away from, the home without the
permission of the parent, legal guardian, legal custodian, or
person with whom he or she resides.
d. Commits an offense established by law but not
classified as criminal.
(5) CHILD'S ATTORNEY. A licensed attorney who provides
legal services for a child, or for a minor in a mental
commitment proceeding, and who owes the same duties of
undivided loyalty, confidentiality, and competent
representation to the child or minor as is due an adult
client.
(6) DELINQUENT ACT. An act committed by a child that is
designated a violation, misdemeanor, or felony offense
pursuant to the law of the municipality, county, or state in
which the act was committed or pursuant to federal law. This
term shall not apply to any of the following:
a. An offense when committed by a child 16 or 17 years
of age as follows:
1. A nonfelony traffic offense or water safety offense
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1. A nonfelony traffic offense or water safety offense
other than one charged pursuant to Section 32-5A-191 or
32-5A-191.3 or a municipal ordinance prohibiting the same
conduct.
2. A capital offense.
3. A Class A felony.
4. A felony which has as an element the use of a deadly
weapon.
5. A felony which has as an element the causing of
death or serious physical injury.
6. A felony which has as an element the use of a
dangerous instrument against any person who is one of the
following:
(i) A law enforcement officer or official.
(ii) A correctional officer or official.
(iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official.
(v) A district attorney or other prosecuting officer or
official.
(vi) A judge or judicial official.
(vii) A court officer or official.
(viii) A person An individual who is a grand juror,
juror, or witness in any legal proceeding of whatever nature
when the offense stems from, is caused by, or is related to
the role of the person individual as a juror, grand juror, or
witness.
(ix) A teacher, principal, or employee of the public
education system of Alabama.
7. Trafficking in drugs in violation of Section
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7. Trafficking in drugs in violation of Section
13A-12-231, or as the same may be amended.
8. Any lesser included offense of the offenses in
subparagraphs 1. to 7., inclusive, charged or any lesser
felony offense charged arising from the same facts and
circumstances and committed at the same time as the offenses
listed in subparagraphs 1 . to 7., inclusive.
b. Any criminal act, offense, or violation committed by
a child under the age of 18 years of age who has been
previously convicted or adjudicated a youthful offender.
c. A nonfelony traffic offense or water safety offense,
other than one charged pursuant to Sections 32-5A-191 or
32-5A-191.3 or a municipal ordinance prohibiting the same
conduct, committed by a child 14 or 15 years of age.
(7) DELINQUENT CHILD. A child who has been adjudicated
for a delinquent act and is in need of care or rehabilitation.
(8) DEPENDENT CHILD. a. A child who has been
adjudicated dependent by a juvenile court and is in need of
care or supervision and meets any of the following
circumstances:
1. Whose parent, legal guardian, legal custodian, or
other custodian subjects the child or any other child in the
household to abuse, as defined in Section 12-15-301 , or
neglect, as defined in Section 12-15-301, or allows the child
to be so subjected.
2. Who is without a parent, legal guardian, or legal
custodian willing and able to provide for the care, support,
or education of the child.
3. Whose parent, legal guardian, legal custodian, or
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3. Whose parent, legal guardian, legal custodian, or
other custodian neglects or refuses, when able to do so or
when the service is offered without charge, to provide or
allow medical, surgical, or other care necessary for the
health or well-being of the child.
4. Whose parent, legal guardian, legal custodian, or
other custodian fails, refuses, or neglects to send the child
to school in accordance with the terms of the compulsory
school attendance laws of this state.
5. Whose parent, legal guardian, legal custodian, or
other custodian has abandoned the child, as defined in
subdivision (1) of Section 12-15-301.
6. Whose parent, legal guardian, legal custodian, or
other custodian is unable or unwilling to discharge his or her
responsibilities to and for the child.
7. Who has been placed for care or adoption in
violation of the law.
8. Who, for any other cause, is in need of the care and
protection of the state.
b. The commission of one or more status offenses as
defined in subdivision (4) of Section 12-15-201 is not a
sufficient basis for an adjudication of dependency.
(9) DETENTION. The temporary placement of children
alleged or adjudicated to be delinquent in secure custody as
defined herein pending juvenile court disposition or transfer
to a residential facility for further care of a child
adjudicated delinquent.
(10) GUARDIAN AD LITEM. A licensed attorney appointed
by a juvenile court to protect the best interests of an
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by a juvenile court to protect the best interests of an
individual without being bound by the expressed wishes of that
individual.
(11) INTAKE OFFICER. A juvenile probation officer or an
employee of the judicial branch of government, who is neutral
and detached from executive and legislative branch activities,
designated by the juvenile court judge to initiate original
delinquency, dependency, and child in need of supervision
cases, as well as cases designated in Section 12-15-132,
before the juvenile court. The juvenile court intake officer
shall be appointed a magistrate pursuant to Rule 18, Alabama
Rules of Judicial Administration, to issue warrants of arrest
for individuals 18 years of age or older committing criminal
offenses under the jurisdiction of the juvenile court.
(12) JUVENILE COURT. The juvenile or family court
division of the circuit or district court having jurisdiction
over matters as provided by this chapter.
(13) JUVENILE DETENTION FACILITY. Any facility owned or
operated by the state, any county, or other legal entity
licensed by and contracted with the Department of Youth
Services for the detention of children.
(14) LAW ENFORCEMENT OFFICER. Any personindividual,
however denominated, who is authorized by law to exercise the
police powers of the state, a county, or local governments.
(15) LEGAL CUSTODIAN. A parent, person, agency, or
department to whom legal custody of a child under the
jurisdiction of the juvenile court pursuant to this chapter
has been awarded by order of the juvenile court or other court
of competent jurisdiction.
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of competent jurisdiction.
(16) LEGAL CUSTODY. A legal status created by order of
the juvenile court which vests in a legal custodian the right
to have physical custody of a child under the jurisdiction of
the juvenile court pursuant to this chapter and the right and
duty to protect, train, and discipline the child and to
provide the child with food, shelter, clothing, education, and
medical care, all subject to the powers, rights, duties, and
responsibilities of the legal guardian of the person of the
child and subject to any residual parental rights and
responsibilities. A parent, person, agency, or department
granted legal custody shall exercise the rights and
responsibilities personally, unless otherwise restricted by
the juvenile court.
(17) LEGAL GUARDIAN. A person who has been appointed by
a probate court pursuant to the Alabama Uniform Guardianship
and Protective Proceedings Act, Chapter 2A (commencing with
Section 26-2A-1) of Title 26 to be a guardian of a person an
individual under 19 years of age who has not otherwise had the
disabilities of minority removed. This term does not include a
guardian ad litem as defined in this section.
(18) MINOR. An individual who is under the age of 19
years of age and who is not a child within the meaning of this
chapter.
(19) PARENT. The legal mother or the legal father of a
child under the jurisdiction of the juvenile court pursuant to
this chapter.
(20) PICK-UP ORDER. In any case before the juvenile
court, an order directing any law enforcement officer or other
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court, an order directing any law enforcement officer or other
person authorized by this chapter to take a child into custody
and to deliver the child to a place of detention, shelter, or
other care designated by the juvenile court.
(21) PROBATION. The legal status created by order of
the juvenile court following an adjudication of delinquency or
in need of supervision whereby a child is permitted to remain
in a community subject to supervision and return to the
juvenile court for violation of probation at any time during
the period of probation.
(22) RESIDENTIAL FACILITY. A dwelling, other than a
detention or shelter care facility, providing living
accommodations, care, treatment, and maintenance for children,
including, but not limited to, institutions, foster family
homes, group homes, half-way houses, and forestry camps
operated, accredited, or licensed by a federal or state
department or agency.
(23) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES.
Those rights and responsibilities remaining with a parent
after a transfer of legal custody of a child under the
jurisdiction of the juvenile court pursuant to this chapter,
including, but not necessarily limited to, the right of
visitation, the right to withhold consent to adoption, the
right to determine religious affiliation, and the
responsibility for support, unless determined by order of the
juvenile court not to be in the best interests of the child.
(24) SECURE CUSTODY. As used with regard to juvenile
detention facilities and the Department of Youth Services,
this term means residential facilities with construction
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this term means residential facilities with construction
features designed to physically restrict the movements and
activities of persons individuals in custody such as locked
rooms and buildings, including rooms and buildings that
contain alarm devices that prevent departure ;, fences;, or
other physical structures. This term does not include
facilities where physical restriction of movement or activity
is provided solely through facility staff.
(25) SHELTER CARE. The temporary care of children in
group homes, foster care, relative placement, or other
nonpenal facilities."
Section 2. This act shall become effective on October
1, 2025.
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