Removes the requirement that a district attorney must be granted leave of court before amending a delinquency petition. (8/1/20) (OR SEE FISC NOTE GF EX)
Impact
The impact of SB34 on state laws is significant, as it modifies the procedures under which delinquency petitions can be amended under the Louisiana Children's Code. By removing the mandated leave of court, the bill aims to ensure that cases can progress more quickly and efficiently. Additionally, it introduces a provision for a continuance if a child demonstrates prejudice in their defense as a result of the amendments. This could lead to changes in how juvenile defense attorneys prepare for adjudication hearings, especially if amendments are made close to these hearings.
Summary
Senate Bill 34, introduced by Senator Connick, seeks to streamline the process of amending delinquency petitions in juvenile justice proceedings. Currently, the law requires that district attorneys obtain leave of court to amend these petitions, particularly in the case of rectifying defects of form or adding new allegations. SB34 proposes to eliminate this requirement, thereby allowing the district attorney to amend petitions without seeking court approval. This change is intended to facilitate the legal process and potentially expedite juvenile cases.
Sentiment
The sentiment surrounding SB34 appears mixed, with proponents advocating for the efficiency it could bring to the juvenile justice system. Supporters argue that this bill will reduce administrative delays and promote better outcomes for youth involved in the justice system. However, concerns have been raised about the implications of allowing such amendments without judicial oversight, especially regarding the potential for hastily amended petitions that could adversely affect a child's right to a fair defense.
Contention
A notable point of contention regarding SB34 is the balance between judicial efficiency and the rights of the accused in juvenile proceedings. Critics argue that bypassing the requirement for judicial approval could undermine necessary safeguards that protect the interests of juveniles. On the other hand, advocates maintain that this change is crucial for the functioning of the juvenile justice system, allowing for necessary adjustments to petitions without unnecessary delays that could further complicate the legal process for minors.
City attorneys authorized to file delinquency petitions for offenses committed by a juvenile when a county attorney declines to file a petition, city attorneys authorized to prosecute felony and gross misdemeanor offenses in certain cases, and city attorneys authorized to issue administrative subpoenas in certain cases.