Juveniles; adds specific offenses to provisions of transfer statute requiring preliminary hearing. (HB569)

Introduced By

Del. Sal Iaquinto (R-Virginia Beach)

Progress

Introduced
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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/12/2010Committee
01/12/2010Prefiled and ordered printed; offered 01/13/10 10100114D
01/12/2010Referred to Committee for Courts of Justice
01/13/2010Impact statement from VCSC (HB569)
01/28/2010Impact statement from DPB (HB569)
02/16/2010Left in Courts of Justice

Comments

Linda writes:

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.