Juveniles; deferral and dismissal of serious offenses. (HB1325)

Introduced By

Del. Rick Morris (R-Carrollton)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Deferral and dismissal of serious juvenile offenses. Provides that the juvenile court or circuit court hearing the case shall not, except with the concurrence of the attorney for the Commonwealth, defer disposition for any criminal offense alleged to have been committed by a juvenile for which transfer to a circuit court is mandatory or for which transfer to a circuit is mandatory upon notice to the court by the attorney for the Commonwealth (serious juvenile offenses set forth in subsection B and C of 16.1-269.1) or for any gang-related felony offense described in 18.2-46.2 or 18.2-46.3. Amends § 16.1-278.8, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

  • 11/05/2012 Committee
  • 11/05/2012 Prefiled and ordered printed; offered 01/09/13 13100673D
  • 11/05/2012 Referred to Committee for Courts of Justice
  • 12/06/2012 Impact statement from VCSC (HB1325)
  • 01/15/2013 Impact statement from DPB (HB1325)
  • 02/05/2013 Left in Courts of Justice

Comments

stephen writes:

Why should a judge have to ask The commonwealths attorney for anything? Clearly this is The Republican's attempt to control the courts.

Hope A. writes:

The ACLU of Virginia opposes legislation that removes a judge's inherent authority to defer disposition of a juvenile's case and expands the power of Commonwealth's Attorneys to be both the prosecutor and the decision-maker. Currently, Commonwealth’s Attorneys have almost unlimited authority over decisions to try youth as adults for a wide array of offenses. Youth must be held accountable for their crimes, but in a manner that takes contemplates the individualized circumstances of their case and their unique potential for rehabilitation by an impartial judge.

ACLU-VA Juvenile Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia opposes legislation that removes a judge's inherent authority to defer disposition of a juvenile's case and expands the power of Commonwealth's Attorneys to be both the prosecutor and the decision-maker. Currently, Commonwealth’s Attorneys have almost unlimited authority over decisions to try youth as adults for a wide array of offenses. Youth must be held accountable for their crimes, but in a manner that takes contemplates the individualized circumstances of their case and their unique potential for rehabilitation by an impartial judge.

Liane Rozzell writes:

Families & Allies of Virginia's Youth opposes this bill because it places undue power in the hands of the Commonwealth's Attorney. An impartial judge is best suited to make decisions about deferral and dismissal of charges.