Juveniles; offenses for which juvenile is subject to transfer and trial as an adult. (SB389)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville)

Progress

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

Description

Offenses for which a juvenile is subject to transfer and trial as an adult.  Provides that a juvenile age 14 or older shall, without more, be subject to a preliminary hearing in juvenile court, and transfer to a circuit court for trial as an adult if he is charged with any offense defined an act of violence in 19.2-297.1, and has been previously adjudicated delinquent for such an offense.

The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties when a juvenile 14 years of age or older is charged with gang participation in violation of 18.2-46.2.

The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties whenever a juvenile 14 years of age or older is charged with manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance in violation of 18.2-248, manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine in violation of 18.2-248.03, felonious selling, giving, distributing or possessing with intent to distribute marijuana in violation of 18.2-248.1, possessing with intent to manufacture, sell, give, or distribute anabolic steroids in violation of 18.2-248.5, if the juvenile has been previously adjudicated delinquent of any such offense.

  Amends § 16.1-269.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/12/2010Prefiled and ordered printed; offered 01/13/10 10101986D
01/12/2010Referred to Committee for Courts of Justice
01/14/2010Assigned Courts sub: Criminal
01/14/2010Impact statement from VCSC (SB389)
01/27/2010Subject matter referred by letter to Crime Commission pursuant to Senate Rule 20 (L).
01/27/2010Subject matter referred by letter to the Virginia Crime Commission pursuant to Senate Rule 20(L)
01/27/2010Continued to 2011 in Courts of Justice (14-Y 0-N) (see vote tally)

Comments

Linda writes:

I disagree with this bill. It states that a juvenile over 14 would be transferred to circuit court if charged! Transfer requires that a juvenile judge agrees that the juvenile should be sent to the circuit court. This bill removes the judge's discretion and gives the Commonwealth attorney more power. The judge has training, the Commonwealth has a desire to use this as leverage over a juvenile. Perhaps the writer of the bill means that the juvenile would be certified, or gives the judge no discretion. If so, I maintain my disapproval. Juveniles are not adults,don't think as adults, and should not be punished as adults.