HLS 18RS-1031 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 486
BY REPRESENTATIVE SHADOIN
JUVENILE PROCEDURE: Provides relative to juvenile court jurisdiction
1 AN ACT
2To amend and reenact Children's Code Article 804(1), relative to juvenile jurisdiction; to
3 amend the definition of "child" for purposes of delinquency proceedings; to provide
4 relative to juvenile court jurisdiction over delinquent acts committed by seventeen-
5 year-olds; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 804(1) is hereby amended and reenacted to read
8as follows:
9 Art. 804. Definitions
10 As used in this Title:
11 (1)(a) "Child" means any person under the age of twenty-one, including an
12 emancipated minor, who commits a delinquent act before attaining seventeen years
13 of age.
14 (b) After June 30, 2018, "child" means any person under the age of twenty-
15 one, including an emancipated minor, who commits a delinquent act on or after July
16 1, 2018, when the act is not a crime of violence as defined in R.S. 14:2, and occurs
17 before the person attains eighteen years of age.
18 (c)(i) After June 30, 2020 2019, "child" means any person under the age of
19 twenty-one, including an emancipated minor, who commits a delinquent act on or
20 after July 1, 2020 2019, and before the person attains eighteen years of age, if the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1031 ENGROSSED
HB NO. 486
1 Department of Public Safety and Corrections, office of juvenile justice certifies on
2 or before January 1, 2019, that there are adequate funding and resources available
3 to accommodate the projected increase in caseload.
4 (ii) Notwithstanding Item (i) of this Subparagraph, a child who has attained
5 the age of seventeen shall be subject to criminal jurisdiction pursuant to Article 305
6 or 857.
7 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 486 Engrossed 2018 Regular Session Shadoin
Abstract: Provides that the extension of juvenile court jurisdiction to cover delinquent acts
committed by 17-year-olds shall occur after June 30, 2019, if the office of juvenile
justice certifies that there is adequate funding and resources available.
Present law provides that juvenile court jurisdiction applies to delinquent acts committed by
a person under the age of 17.
Present law further provides as follows:
(1)Beginning July 1, 2018, juvenile court jurisdiction shall extend to cover delinquent
acts committed by a 17-year-old if the act is not a crime of violence.
(2)Beginning July 1, 2020, juvenile court jurisdiction shall extend to cover all
delinquent acts committed by a 17-year-old.
Proposed law amends present law to provide that the extension of juvenile court jurisdiction
pursuant to present law will not take effect on July 1, 2018, but instead provides that the
extension of juvenile court jurisdiction to cover all delinquent acts committed by a 17-year-
old shall occur on July 1, 2019, if the office of juvenile justice certifies on or before Jan. 1,
2019, that there is adequate funding and resources available to accommodate the projected
increase in caseload.
(Amends Ch.C. Art. 804(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Change the date for the implementation of proposed law from 2020 to 2019.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.