RÉSUMÉ DIGEST
ACT 418 (HB 54) 2023 Regular Session Schlegel
Existing law subjects a child who is 15 years of age or older at the time of the commission
of first degree murder, second degree murder, aggravated or first degree rape, or aggravated
kidnapping to the exclusive jurisdiction of the juvenile court until either an indictment
charging one of these offenses is returned or the juvenile court holds a continued custody
hearing pursuant to existing law and finds probable cause that he committed one of these
offenses.
Existing law provides the district attorney with the discretion to file a petition alleging any
of the offenses listed in existing law in the juvenile court or, alternatively, to obtain an
indictment. Further provides that if the child is being held in detention, the district attorney
shall file the petition or indictment in the appropriate court within 30 calendar days after the
child's arrest, unless the child waives this right.
New law increases the amount of days that the district attorney has to file the petition or
indictment from 30 days to 60 days.
New law provides that the failure to institute prosecution as provided in new law shall result
in release of the child if, after a contradictory hearing with the district attorney, just cause for
the failure is not shown.
New law provides that if just cause is shown, the court shall reconsider bail for the child.
Further provides that the failure to institute prosecution as provided in new law shall result
in the release of the bail obligation if, after a contradictory hearing with the district attorney,
just cause for the delay is not shown.
New law provides that when the juvenile court holds a continued custody hearing pursuant
to existing law and finds probable cause that the child committed one of the offenses listed
in existing law, the time limitations contained in existing law are inapplicable and the time
period for filing an indictment after arrest shall be governed by other existing law.
Existing law subjects a child who is 15 years of age or older at the time of any of the offenses
listed in existing law to the exclusive jurisdiction of the juvenile court until either an
indictment charging one of these offenses is returned or the juvenile court holds a continued
custody hearing and finds probable cause that he committed one of these offenses.
Existing law provides the district attorney with the discretion to file a petition alleging any
of the offenses listed in existing law in the juvenile court or, alternatively, to obtain an
indictment. Further provides that if the child is being held in detention, the district attorney
shall file the indictment, bill of information, or petition in the appropriate court within 30
calendar days after the child's arrest, unless the child waives this right.
New law increases the amount of days that the district attorney has to file the indictment, bill
of information, or petition from 30 days to 60 days.
New law provides that the failure to institute prosecution as provided in new law shall result
in release of the child if, after a contradictory hearing with the district attorney, just cause for
the failure is not shown.
New law provides that if just cause is shown, the court shall reconsider bail for the child.
Further provides that the failure to institute prosecution as provided in new law shall result
in the release of the bail obligation if, after a contradictory hearing with the district attorney,
just cause for the delay is not shown.
New law shall be cited and referred to as "The Juvenile Transfer Act".
Effective August 1, 2023.
(Amends Ch.C. Art. 305(A)(2) and (B)(3))