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FL H0575

Bill

Status

Failed

5/3/2019

Primary Sponsor

Criminal Justice Subcommittee

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Eliminates mandatory direct file provisions that previously required state attorneys to automatically prosecute certain juveniles as adults, making all direct file decisions discretionary

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Justice Appropriations Subcommittee3/29/2019
Criminal Justice Subcommittee2/6/2019

Full Bill Text

No bill text available