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FL H0575
Bill
Status
5/3/2019
Primary Sponsor
Criminal Justice Subcommittee
Click for details
AI Summary
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Eliminates mandatory direct file provisions that previously required state attorneys to automatically prosecute certain juveniles as adults, making all direct file decisions discretionary
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Requires a mandatory evidentiary hearing within 30 days for any child charged in adult court, allowing a judge to determine whether adult prosecution is necessary for community protection
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Expands factors judges must consider at hearings, including the child's maturity, trauma history, intellectual capacity, peer pressure effects, rehabilitation prospects, and whether juvenile court could adequately address public safety
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Removes "conspiracy to commit" from the list of qualifying offenses for discretionary direct file of 14-15 year olds, and eliminates "adjudications withheld" from counting toward the two prior adjudications required for misdemeanor direct file of 16-17 year olds
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Prohibits housing children subject to direct file in adult jails prior to a court finding that adult prosecution is appropriate, with effective date of July 1, 2019
Legislative Description
Direct Filing of an Information
Last Action
Died in Justice Appropriations Subcommittee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)
5/3/2019