Florida Senate - 2022 SB 1492 By Senator Bracy 11-01246-22 20221492__ 1 A bill to be entitled 2 An act relating to prosecuting children as adults; 3 amending s. 985.556, F.S.; deleting provisions under 4 which a state attorney must either request a court to 5 transfer and certify children of certain ages who 6 commit specified crimes for prosecution as adults or 7 provide written reasons to the court for not making 8 such a request, or must proceed under certain 9 provisions; amending s. 985.557, F.S.; revising the 10 circumstances under which a state attorney may file an 11 information in cases that involve children of certain 12 ages who commit certain crimes; amending s. 985.56, 13 F.S.; providing that children 14 years of age or 14 older, rather than children of any age, who are 15 charged with certain offenses are subject to court 16 jurisdiction until an indictment is returned; 17 prohibiting the transfer of a child to adult court for 18 criminal prosecution of an indictable offense until 19 the childs competency has been restored, in certain 20 circumstances; providing for the tolling of certain 21 time limits; authorizing, rather than requiring, a 22 child who is found to have committed specified crimes 23 to be sentenced according to certain provisions; 24 amending s. 985.565, F.S.; authorizing, rather than 25 requiring, a child to be sentenced as an adult if the 26 child is found to have committed an offense punishable 27 by death or life imprisonment; conforming provisions 28 to changes made by the act; amending s. 985.03, F.S.; 29 conforming a cross-reference; providing an effective 30 date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1.Subsections (2) and (3) of section 985.556, 35 Florida Statutes, are amended, and subsection (1) of that 36 section is republished, to read: 37 985.556Waiver of juvenile court jurisdiction; hearing. 38 (1)VOLUNTARY WAIVER.The court shall transfer and certify 39 a childs criminal case for trial as an adult if the child is 40 alleged to have committed a violation of law and, prior to the 41 commencement of an adjudicatory hearing, the child, joined by a 42 parent or, in the absence of a parent, by the guardian or 43 guardian ad litem, demands in writing to be tried as an adult. 44 Once a child has been transferred for criminal prosecution 45 pursuant to a voluntary waiver hearing and has been found to 46 have committed the presenting offense or a lesser included 47 offense, the child shall be handled thereafter in every respect 48 as an adult for any subsequent violation of state law, unless 49 the court imposes juvenile sanctions under s. 985.565(4)(b). 50 (2)INVOLUNTARY DISCRETIONARY WAIVER.Except as provided in 51 subsection (3), The state attorney may file a motion requesting 52 the court to transfer the child for criminal prosecution if the 53 child was 14 years of age or older at the time the alleged 54 delinquent act or violation of law was committed. 55 (3)INVOLUNTARY MANDATORY WAIVER. 56 (a)If the child was 14 years of age or older, and if the 57 child has been previously adjudicated delinquent for an act 58 classified as a felony, which adjudication was for the 59 commission of, attempt to commit, or conspiracy to commit 60 murder, sexual battery, armed or strong-armed robbery, 61 carjacking, home-invasion robbery, aggravated battery, 62 aggravated assault, or burglary with an assault or battery, and 63 the child is currently charged with a second or subsequent 64 violent crime against a person; or 65 (b)If the child was 14 years of age or older at the time 66 of commission of a fourth or subsequent alleged felony offense 67 and the child was previously adjudicated delinquent or had 68 adjudication withheld for or was found to have committed, or to 69 have attempted or conspired to commit, three offenses that are 70 felony offenses if committed by an adult, and one or more of 71 such felony offenses involved the use or possession of a firearm 72 or violence against a person; 73 74 the state attorney shall request the court to transfer and 75 certify the child for prosecution as an adult or shall provide 76 written reasons to the court for not making such request, or 77 proceed under s. 985.557(1). Upon the state attorneys request, 78 the court shall either enter an order transferring the case and 79 certifying the case for trial as if the child were an adult or 80 provide written reasons for not issuing such an order. 81 Section 2.Section 985.557, Florida Statutes, is amended to 82 read: 83 985.557Prosecuting children as adults Direct filing of an 84 information; discretionary criteria. 85 (1)DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 86 FILE. 87 (a)With respect to any child who was 14 or 15 years of age 88 at the time the alleged offense was committed, the state 89 attorney may file an information when in the state attorneys 90 judgment and discretion the public interest requires that adult 91 sanctions be considered or imposed and when the offense charged 92 is for the commission of, attempt to commit, or conspiracy to 93 commit: 94 1.Arson; 95 2.Sexual battery; 96 3.Robbery; 97 4.Kidnapping; 98 5.Aggravated child abuse; 99 6.Aggravated assault; 100 7.Aggravated stalking; 101 8.Murder; 102 9.Manslaughter; 103 10.Unlawful throwing, placing, or discharging of a 104 destructive device or bomb; 105 11.Armed burglary in violation of s. 810.02(2)(b) or 106 specified burglary of a dwelling or structure in violation of s. 107 810.02(2)(c), or burglary with an assault or battery in 108 violation of s. 810.02(2)(a); 109 12.Aggravated battery; 110 13.Any lewd or lascivious offense committed upon or in the 111 presence of a person less than 16 years of age; 112 14.Carrying, displaying, using, threatening, or attempting 113 to use a weapon or firearm during the commission of a felony; 114 15.Grand theft in violation of s. 812.014(2)(a); 115 16.Possessing or discharging any weapon or firearm on 116 school property in violation of s. 790.115; 117 17.Home invasion robbery; 118 18.Carjacking; or 119 19.Grand theft of a motor vehicle in violation of s. 120 812.014(2)(c)6. or grand theft of a motor vehicle valued at 121 $20,000 or more in violation of s. 812.014(2)(b) if the child 122 has a previous adjudication for grand theft of a motor vehicle 123 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 124 (b)With respect to any child who was 16 or 17 years of age 125 at the time the alleged forcible felony, as defined in s. 126 776.08, offense was committed, the state attorney may file an 127 information when in the state attorneys judgment and discretion 128 the public interest requires that adult sanctions be considered 129 or imposed. However, the state attorney may not file an 130 information on a child charged with a misdemeanor, unless the 131 child has had at least two previous adjudications or 132 adjudications withheld for delinquent acts, one of which 133 involved an offense classified as a forcible felony under state 134 law. 135 (2)EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT 136 FILE. 137 (a)Once a child has been transferred for criminal 138 prosecution pursuant to an information and has been found to 139 have committed the presenting offense or a lesser included 140 offense, the child shall be handled thereafter in every respect 141 as if an adult for any subsequent violation of state law, unless 142 the court imposes juvenile sanctions under s. 985.565. 143 (b)When a child is transferred for criminal prosecution as 144 an adult, the court shall immediately transfer and certify to 145 the adult circuit court all felony cases pertaining to the 146 child, for prosecution of the child as an adult, which have not 147 yet resulted in a plea of guilty or nolo contendere or in which 148 a finding of guilt has not been made. If a child is acquitted of 149 all charged offenses or lesser included offenses contained in 150 the original case transferred to adult court, all felony cases 151 that were transferred to adult court as a result of this 152 paragraph shall be subject to the same penalties to which such 153 cases would have been subject before being transferred to adult 154 court. 155 (c)When a child has been transferred for criminal 156 prosecution as an adult and has been found to have committed a 157 violation of state law, the disposition of the case may be made 158 under s. 985.565 and may include the enforcement of any 159 restitution ordered in any juvenile proceeding. 160 (3)CHARGES INCLUDED ON INFORMATION.An information filed 161 pursuant to this section may include all charges that are based 162 on the same act, criminal episode, or transaction as the primary 163 offenses. 164 Section 3.Section 985.56, Florida Statutes, is amended to 165 read: 166 985.56Indictment of a juvenile. 167 (1)A child 14 years of age or older of any age who is 168 charged with a violation of state law punishable by death or by 169 life imprisonment is subject to the jurisdiction of the court as 170 set forth in s. 985.0301(2) unless and until an indictment on 171 the charge is returned by the grand jury. When such indictment 172 is returned, the petition for delinquency, if any, must be 173 dismissed and the child must be tried and handled in every 174 respect as an adult: 175 (a)On the indictable offense punishable by death or by 176 life imprisonment; and 177 (b)On all other felonies or misdemeanors charged in the 178 indictment which are based on the same act or transaction as the 179 indictable offense punishable by death or by life imprisonment 180 or on one or more acts or transactions connected with the 181 offense punishable by death or by life imprisonment. 182 (2)An adjudicatory hearing may not be held until 21 days 183 after the child is taken into custody and charged with having 184 committed an indictable offense punishable by death or by life 185 imprisonment, unless the state attorney advises the court in 186 writing that he or she does not intend to present the case to 187 the grand jury, or has presented the case to the grand jury and 188 the grand jury has not returned an indictment. If the court 189 receives such a notice from the state attorney, or if the grand 190 jury fails to act within the 21-day period, the court may 191 proceed as otherwise authorized under this part. 192 (3)Notwithstanding any other law, a child who commits an 193 offense for which he or she may be indicted and who has a 194 pending competency hearing in juvenile court or who previously 195 has been found to be incompetent and has not been restored to 196 competency by a court may not be transferred to adult court for 197 criminal prosecution until the childs competency is restored. A 198 pending competency hearing or a finding of incompetency tolls 199 the time limits in subsection (2). If the child is found to have 200 committed the offense punishable by death or by life 201 imprisonment, the child may shall be sentenced pursuant to s. 202 985.565 as an adult. If the juvenile is not found to have 203 committed the indictable offense but is found to have committed 204 a lesser included offense or any other offense for which he or 205 she was indicted as a part of the criminal episode, the court 206 may sentence under s. 985.565. 207 (4)(a)If Once a child has been indicted pursuant to this 208 section and has been found to have committed any offense for 209 which he or she was indicted as a part of the criminal episode, 210 the child must shall be handled thereafter in every respect as 211 if an adult for any subsequent violation of state law, unless 212 the court imposes juvenile sanctions under s. 985.565. 213 (b)If When a child has been indicted pursuant to this 214 section, the court must shall immediately transfer and certify 215 to the adult circuit court all felony cases pertaining to the 216 child, for prosecution of the child as an adult, which have not 217 yet resulted in a plea of guilty or nolo contendere or in which 218 a finding of guilt has not been made. If the child is acquitted 219 of all charged offenses or lesser included offenses contained in 220 the indictment case, all felony cases that were transferred to 221 adult court pursuant to this paragraph must shall be subject to 222 the same penalties such cases were subject to before being 223 transferred to adult court. 224 Section 4.Paragraphs (a) and (b) of subsection (4) of 225 section 985.565, Florida Statutes, are amended to read: 226 985.565Sentencing powers; procedures; alternatives for 227 juveniles prosecuted as adults. 228 (4)SENTENCING ALTERNATIVES. 229 (a)Adult sanctions. 230 1.Cases prosecuted on indictment.If the child is found to 231 have committed the offense punishable by death or life 232 imprisonment, the child may shall be sentenced as an adult. If 233 the juvenile is not found to have committed the indictable 234 offense but is found to have committed a lesser included offense 235 or any other offense for which he or she was indicted as a part 236 of the criminal episode, the court may sentence as follows: 237 a.As an adult; 238 b.Under chapter 958; or 239 c.As a juvenile under this section. 240 2.Other cases.If a child who has been transferred for 241 criminal prosecution pursuant to information or waiver of 242 juvenile court jurisdiction is found to have committed a 243 violation of state law or a lesser included offense for which he 244 or she was charged as a part of the criminal episode, the court 245 may sentence as follows: 246 a.As an adult; 247 b.Under chapter 958; or 248 c.As a juvenile under this section. 249 3.Notwithstanding any other provision to the contrary, if 250 the state attorney is required to file a motion to transfer and 251 certify the juvenile for prosecution as an adult under s. 252 985.556(3) and that motion is granted, the court must impose 253 adult sanctions. 254 3.4.Any sentence imposing adult sanctions is presumed 255 appropriate, and the court is not required to set forth specific 256 findings or enumerate the criteria in this subsection as any 257 basis for its decision to impose adult sanctions. 258 4.5.When a child has been transferred for criminal 259 prosecution as an adult and has been found to have committed a 260 violation of state law, the disposition of the case may include 261 the enforcement of any restitution ordered in any juvenile 262 proceeding. 263 (b)Juvenile sanctions.For juveniles transferred to adult 264 court but who do not qualify for such transfer under s. 265 985.556(3), the court may impose juvenile sanctions under this 266 paragraph. If juvenile sentences are imposed, the court shall, 267 under this paragraph, adjudge the child to have committed a 268 delinquent act. Adjudication of delinquency may not be deemed a 269 conviction, nor shall it operate to impose any of the civil 270 disabilities ordinarily resulting from a conviction. The court 271 shall impose an adult sanction or a juvenile sanction and may 272 not sentence the child to a combination of adult and juvenile 273 punishments. An adult sanction or a juvenile sanction may 274 include enforcement of an order of restitution or probation 275 previously ordered in any juvenile proceeding. However, if the 276 court imposes a juvenile sanction and the department determines 277 that the sanction is unsuitable for the child, the department 278 shall return custody of the child to the sentencing court for 279 further proceedings, including the imposition of adult 280 sanctions. Upon adjudicating a child delinquent under subsection 281 (1), the court may: 282 1.Place the child in a probation program under the 283 supervision of the department for an indeterminate period of 284 time until the child reaches the age of 19 years or sooner if 285 discharged by order of the court. 286 2.Commit the child to the department for treatment in an 287 appropriate program for children for an indeterminate period of 288 time until the child is 21 or sooner if discharged by the 289 department. The department shall notify the court of its intent 290 to discharge no later than 14 days before discharge. Failure of 291 the court to timely respond to the departments notice shall be 292 considered approval for discharge. 293 3.Order disposition under ss. 985.435, 985.437, 985.439, 294 985.441, 985.45, and 985.455 as an alternative to youthful 295 offender or adult sentencing if the court determines not to 296 impose youthful offender or adult sanctions. 297 298 It is the intent of the Legislature that the criteria and 299 guidelines in this subsection are mandatory and that a 300 determination of disposition under this subsection is subject to 301 the right of the child to appellate review under s. 985.534. 302 Section 5.Subsection (54) of section 985.03, Florida 303 Statutes, is amended to read: 304 985.03Definitions.As used in this chapter, the term: 305 (54)Waiver hearing means a hearing provided for under s. 306 985.556(3) s. 985.556(4). 307 Section 6.This act shall take effect July 1, 2022.