Juveniles; any transfer to circuit court shall include ancillary charges. (HB911)
Introduced By
Del. Rob Bell (R-Charlottesville)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Transfers of juveniles to circuit court; ancillary charges. Clarifies that if a case against a juvenile 14 years of age or older for an offense that would be a felony if committed by an adult is transferred from the juvenile and domestic relations district court to the circuit court, all ancillary charges to that offense, even though they may not be felonies, are likewise transferred. Read the Bill »
Outcome
Bill Has Failed
History
Date | Action |
---|---|
01/13/2010 | Committee |
01/13/2010 | Prefiled and ordered printed; offered 01/13/10 10102929D |
01/13/2010 | Referred to Committee for Courts of Justice |
01/19/2010 | Assigned Courts sub: Criminal |
01/22/2010 | Impact statement from VCSC (HB911) |
02/01/2010 | Subcommittee recommends reporting (5-Y 2-N) |
02/03/2010 | Reported from Courts of Justice (17-Y 5-N) (see vote tally) |
02/08/2010 | Read first time |
02/09/2010 | Read second time and engrossed |
02/10/2010 | Read third time and passed House (73-Y 25-N) |
02/10/2010 | VOTE: --- PASSAGE (73-Y 25-N) (see vote tally) |
02/11/2010 | Constitutional reading dispensed |
02/11/2010 | Referred to Committee for Courts of Justice |
02/19/2010 | Assigned Courts sub: Criminal |
02/24/2010 | Failed to report (defeated) in Courts of Justice (5-Y 10-N) (see vote tally) |
Comments
This is unwise. Fourteen year olds can have status offenses like smoking or curfew as the ancillary charges. The circuit court's function is penal in nature. Why would a status offense be treated as serious offenses that an adult may do? The discretion should be in the hands of the defense attorney if he/she wishes to appeal the charge to bring it before the circuit court and not for the Commonwealth attorney to use against a juvenile as a bargaining chip.