Bill Text: CT HB05559 | 2018 | General Assembly | Introduced
Bill Title: An Act Concerning The Transfer Of Cases Of Repeat Juvenile Felony Offenders To The Regular Criminal Docket.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-19 - Public Hearing 03/23 [HB05559 Detail]
Download: Connecticut-2018-HB05559-Introduced.html
General Assembly |
Raised Bill No. 5559 | ||
February Session, 2018 |
LCO No. 2748 | ||
*02748_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING THE TRANSFER OF CASES OF REPEAT JUVENILE FELONY OFFENDERS TO THE REGULAR CRIMINAL DOCKET.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (a) and (b) of section 46b-127 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) (1) The court shall automatically transfer from the docket for juvenile matters to the regular criminal docket of the Superior Court the case of any child charged with the commission of (A) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, (B) a class A felony, [or] (C) a class B felony, except as provided in subdivision (3) of this subsection, [or] (D) a violation of section 53a-54d, or (E) any felony offense if the (i) child was previously adjudicated as delinquent for two or more offenses designated as felonies, or (ii) commission of such offense resulted in an injury to a person who was not a culpable actor in the commission of such felony, provided such offense described in subparagraphs (A) to (E), inclusive, of this subdivision was committed after such child attained the age of fifteen years and counsel has been appointed for such child if such child is indigent. Such counsel may appear with the child but shall not be permitted to make any argument or file any motion in opposition to the transfer. The child shall be arraigned in the regular criminal docket of the Superior Court at the next court date following such transfer, provided any proceedings held prior to the finalization of such transfer shall be private and shall be conducted in such parts of the courthouse or the building in which the court is located that are separate and apart from the other parts of the court which are then being used for proceedings pertaining to adults charged with crimes.
(2) A state's attorney may, at any time after such arraignment, file a motion to transfer the case of any child that was not automatically transferred pursuant to subparagraph (E) of subdivision (1) of this subsection, and who is charged with the commission of a class B felony or a violation of subdivision (2) of subsection (a) of section 53a-70 to the docket for juvenile matters for proceedings in accordance with the provisions of this chapter.
(3) No case of any child charged with the commission of a violation of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 53a-196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court, except as provided in subparagraph (E) of subdivision (1) of this subsection or in this subdivision. Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of any such offense shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.
(b) (1) Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child that was not automatically transferred pursuant to subparagraph (E) of subdivision (1) of this subsection, and who is charged with the commission of a class C, D or E felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.
(2) If a case is transferred to the regular criminal docket pursuant to subdivision (1) of this subsection or subdivision (3) of subsection (a) of this section, the court sitting for the regular criminal docket may return the case to the docket for juvenile matters at any time prior to a jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
46b-127(a) and (b) |
Statement of Purpose:
To require the transfer to the regular criminal docket of cases of juvenile offenders who are charged with having committed a third or subsequent felony after having been previously adjudicated delinquent for two or more offenses designated as felonies or who have injured an innocent person during the commission of a felony.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]