| 4 | 3 | | |
|---|
| 5 | 4 | | HOUSE BILL 77 |
|---|
| 6 | 5 | | By Stevens |
|---|
| 7 | 6 | | |
|---|
| 8 | 7 | | |
|---|
| 9 | 8 | | HB0077 |
|---|
| 10 | 9 | | 000871 |
|---|
| 11 | 10 | | - 1 - |
|---|
| 12 | 11 | | |
|---|
| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 37; |
|---|
| 14 | 13 | | Title 39 and Chapter 1007 of the Public Acts of |
|---|
| 15 | 14 | | 2024, relative to juvenile offenders. |
|---|
| 16 | 15 | | |
|---|
| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 37-1-134, is amended by adding the |
|---|
| 19 | 18 | | following as a new subsection: |
|---|
| 20 | 19 | | (m) |
|---|
| 21 | 20 | | (1) Notwithstanding subsections (a), (b), and (l), after a petition has been |
|---|
| 22 | 21 | | filed alleging delinquency based on conduct that is designated a crime or public |
|---|
| 23 | 22 | | offense under the laws, including local ordinances, of this state, the court, before |
|---|
| 24 | 23 | | hearing the petition on the merits, shall transfer the child to the sheriff of the |
|---|
| 25 | 24 | | county to be held according to law and to be dealt with as an adult in the criminal |
|---|
| 26 | 25 | | court of competent jurisdiction. The disposition of the child shall be as if the child |
|---|
| 27 | 26 | | were an adult if: |
|---|
| 28 | 27 | | (A) The child was sixteen (16) years of age or older at the time of |
|---|
| 29 | 28 | | the alleged conduct; |
|---|
| 30 | 29 | | (B) The child has a prior adjudication of delinquency for any |
|---|
| 31 | 30 | | offense; and |
|---|
| 32 | 31 | | (C) The court finds: |
|---|
| 33 | 32 | | (i) There is probable cause to believe that the child |
|---|
| 34 | 33 | | committed the delinquent act as alleged; and |
|---|
| 35 | 34 | | (ii) The child is not committable to an institution for the |
|---|
| 36 | 35 | | developmentally disabled or mentally ill. |
|---|
| 37 | 36 | | |
|---|
| 38 | 37 | | |
|---|
| 39 | 38 | | - 2 - 000871 |
|---|
| 40 | 39 | | |
|---|
| 41 | 40 | | (2) A hearing to determine whether the requirements of subdivision |
|---|
| 42 | 41 | | (m)(1) have been met must be held in conformity with §§ 37-1-124, 37-1-126, |
|---|
| 43 | 42 | | and 37-1-127. |
|---|
| 44 | 43 | | (3) Reasonable notice in writing of the time, place, and purpose of the |
|---|
| 45 | 44 | | hearing must be given to the child, the child's parent, guardian, or other |
|---|
| 46 | 45 | | custodian at least fourteen (14) days prior to the hearing. |
|---|
| 47 | 46 | | SECTION 2. Tennessee Code Annotated, Section 37-1-134(c), is amended by deleting |
|---|
| 48 | 47 | | "The transfer pursuant to subsection (a)" and substituting "A transfer pursuant to subsection (a) |
|---|
| 49 | 48 | | or (m)". |
|---|
| 50 | 49 | | SECTION 3. Tennessee Code Annotated, Section 37-1-159(d)(2), is amended by |
|---|
| 51 | 50 | | deleting "§ 37-1-134(a) and (b)" and substituting "§ 37-1-134(a), (b), or (m)". |
|---|
| 52 | 51 | | SECTION 4. Tennessee Code Annotated, Section 37-1-131, is amended by deleting |
|---|
| 53 | 52 | | subdivision (g)(1)(B). |
|---|
| 54 | 53 | | SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and |
|---|
| 55 | 54 | | applies to acts committed on or after that date. |
|---|