GREEN SHEET REDIGEST
HB 241 2019 Regular Session Mike Johnson
JUVENILES: Provides relative to certain crimes and delinquency provisions when the
offender is under the age of eighteen
DIGEST
Prior to March 1, 2019, delinquency provisions applied only to persons under the age of 17.
Present law (Act No. 654 of the 2018 R.S.) provides that beginning March 1, 2019, criminal
acts that are not crimes of violence committed by 17-year-olds shall be governed by the
provisions in the Children's Code regarding delinquency.
Present law provides for the juvenile court for East Baton Rouge Parish and provides that the
court has exclusive jurisdiction in all proceedings in the interest of children under 17 years
of age alleged to be delinquent, except as otherwise provided in present law, and all
proceedings in the interest of children under 18 years of age alleged to be in need of
supervision or in need of care.
Proposed law gives the court exclusive jurisdiction in all proceedings in the interest of
children under 18 years of age rather than 17 years of age. Proposed law further makes
technical changes to conform certain provisions of proposed law to present law.
Proposed law otherwise retains present law.
Present law provides for the following regarding persons subject to delinquency provisions
in the Children's Code:
(1)Provides for the establishment of parish schools for male youths who are adjudicated
delinquent.
(2)Provides preadjudicatory and postadjudicatory opportunities for juveniles adjudicated
delinquent.
The present law crimes of cyberbullying, online impersonation, and retaliation by a minor
against a parent, legal custodian, witness, or complainant provide that the offense can only
be committed by persons under the age of 17.
The present law crime of illegal possession of a handgun by a juvenile provides that the
offense can only be committed by persons 17 years of age or older.
Present law provides that any multiparish juvenile detention home district may acquire title
by purchase or donation to real and personal property for public purposes; may own, operate
or maintain facilities for the housing, care, supervision, maintenance and education of
juveniles under the age of 17 years, and for juveniles 18 years of age and over who were
under 18 years of age when they committed an alleged offense.
Proposed law makes all provisions of present law applicable to individuals under the age of
18 years rather than 17 years of age.
Proposed law otherwise retains present law.
Proposed law amends these present law provisions to conform with the changes made by Act
No. 254 of 2018 R.S. by changing references of persons over or under the age of 17 to
persons over or under the age of 18.
(Amends R.S. 13:1621(A)(1), R.S. 14:40.7(D)(2), 73.10(C)(2), 92.3(A), 95.8(A) and
(C)(intro. para.), R.S. 15:1031, 1096.2(A), 1098.3, and 1099.3, and R.S. 46:1933(B))
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Prepared by Alden A. Clement, Jr. Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove from proposed law changes to the present law provision regarding
the transfer of adjudicated juvenile delinquents.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
engrossed bill
1. Change age to which provisions relative to the juvenile court for East Baton
Rouge Parish apply from 17 years to 18 years.
2. Change age to which provisions relative to multiparish juvenile detention
home districts apply from 17 years to 18 years.
3. Change references in certain provisions of proposed law from "juveniles" to
"individuals" when referring to persons over the age of 18 years.
4. Make technical changes.
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Prepared by Alden A. Clement, Jr.