HB 285 Summary

• State attorney may direct file children ages 14-15 in adult court for specified serious offenses (arson, sexual battery, robbery, kidnapping, murder, aggravated assault, and 14 other enumerated crimes) when public interest requires adult sanctions.

• Children ages 16-17 may be direct filed for any offense, but misdemeanors require at least two prior felony adjudications.

• Any child direct filed shall receive an evidentiary hearing within 30 days before a judge to determine if adult prosecution is necessary for community protection, considering factors including the child's maturity, prior history, nature of offense, and rehabilitation prospects.

• Judge must find by preponderance of evidence that statutory factors support adult prosecution; both prosecution and defense may seek interlocutory appeal of the order.

• Children subject to direct file shall not be held in adult jails or facilities prior to the court's hearing finding that they should be prosecuted as an adult; effective July 1, 2020.