Juveniles; adds specific offenses to provisions of transfer statute requiring preliminary hearing. (HB569)
Introduced By
Del. Sal Iaquinto (R-Virginia Beach)
Progress
√ |
Introduced |
X |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Transfer of certain juvenile felonies. Adds the specific felony offenses of "committing, conspiring, or aiding and abetting an act of terrorism in violation of 18.2-46.5, or possession, manufacture, or distribution of a weapon of terrorism or hoax device in violation of 18.2-46.6" to the provisions of the transfer statute requiring a preliminary hearing upon notice by the attorney for the Commonwealth and certification to the circuit court upon a finding of probable cause by the J&DR court, for purposes of the transfer of a juvenile age 14 or older to circuit court upon a felony charge. Current law allows for discretionary transfer by the J&DR court for these crimes on motion for transfer by the attorney for the Commonwealth because they are not specifically enumerated as crimes subject to the Commonwealth attorney notice provision. View Full Text »
Comments
It needs to remain discretionary. Life is not black and white. Young juveniles experiment with life and rockets and other things that go boom. The juvenile judge needs to determine if it is immaturity or is it an act of terrorism that requires incarceration. Is it a juvenile's first criminal charge? Only the judge will know and not a legislator.