Florida Senate - 2015                                     SB 444
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00678-15                                            2015444__
    1                        A bill to be entitled                      
    2         An act relating to prosecution of juveniles; amending
    3         s. 985.557, F.S.; revising the age-based criteria and
    4         the offenses for which the discretionary direct file
    5         of an information against a child may be made in adult
    6         court; prohibiting the filing of an information on a
    7         child otherwise eligible if it is the child’s first
    8         offense unless there are compelling reasons; requiring
    9         such reasons to be stated in writing; providing
   10         criteria for a state attorney to determine whether to
   11         file an information; requiring a state attorney to
   12         file a written explanation when an information is
   13         filed; providing criteria for consideration of a
   14         child’s request to an adult court to return a criminal
   15         case to the juvenile justice system; reenacting ss.
   16         985.04(2), 985.15(1), 985.265(5), and 985.556(3),
   17         F.S., relating to direct filing, to incorporate the
   18         amendments made to s. 985.557, F.S., in references
   19         thereto; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (1) of section 985.557, Florida
   24  Statutes, is amended, present subsection (4) is renumbered as
   25  subsection (6) and amended, and new subsections (4) and (5) are
   26  added to that section, to read:
   27         985.557 Direct filing of an information; discretionary and
   28  mandatory criteria.—
   29         (1) DISCRETIONARY DIRECT FILE.—
   30         (a) With respect to any child who was 14 or 15 years of age
   31  or older at the time the alleged offense was committed, the
   32  state attorney may file an information when in the state
   33  attorney’s judgment and discretion the public interest requires
   34  that adult sanctions be considered or imposed and when the
   35  offense charged is for the commission of, attempt to commit, or
   36  conspiracy to commit:
   37         1. Arson;
   38         2. Sexual battery;
   39         3. Robbery;
   40         4. Kidnapping;
   41         5. Aggravated child abuse;
   42         6. Aggravated assault;
   43         7. Aggravated stalking;
   44         8. Murder;
   45         9. Manslaughter;
   46         10. Unlawful throwing, placing, or discharging of a
   47  destructive device or bomb;
   48         11. Armed burglary in violation of s. 810.02(2)(b) or
   49  specified burglary of a dwelling or structure in violation of s.
   50  810.02(2)(c), or burglary with an assault or battery in
   51  violation of s. 810.02(2)(a);
   52         12. Aggravated battery;
   53         13. Any lewd or lascivious offense committed upon or in the
   54  presence of a person less than 16 years of age;
   55         14. Carrying, displaying, using, threatening, or attempting
   56  to use a weapon or firearm during the commission of a felony;
   57         15. Grand theft in violation of s. 812.014(2)(a);
   58         15.16. Possessing or discharging any weapon or firearm on
   59  school property in violation of s. 790.115;
   60         16.17. Home invasion robbery;
   61         17.18. Carjacking; or
   62         18.19. Grand theft of a motor vehicle in violation of s.
   63  812.014(2)(c)6. or grand theft of a motor vehicle valued at
   64  $20,000 or more in violation of s. 812.014(2)(b) if the child
   65  has a previous adjudication for grand theft of a motor vehicle
   66  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
   67         (b) The state may not file an information on a child
   68  otherwise eligible under this subsection if it is the child’s
   69  first offense unless there are compelling reasons, which the
   70  state shall set out in writing With respect to any child who was
   71  16 or 17 years of age at the time the alleged offense was
   72  committed, the state attorney may file an information when in
   73  the state attorney’s judgment and discretion the public interest
   74  requires that adult sanctions be considered or imposed. However,
   75  the state attorney may not file an information on a child
   76  charged with a misdemeanor, unless the child has had at least
   77  two previous adjudications or adjudications withheld for
   78  delinquent acts, one of which involved an offense classified as
   79  a felony under state law.
   80         (4) DIRECT FILE CRITERIA.—
   81         (a) When a child is eligible to have an information filed
   82  by the state attorney under subsection (1), the state attorney
   83  shall use the following criteria to determine whether to file an
   84  information:
   85         1. The seriousness of the alleged offense and whether
   86  transferring the child is necessary for protection of the
   87  community, including:
   88         a. The recommendation of the department, through review and
   89  consideration of the recommendations of the department’s
   90  caseworker.
   91         b. The probable cause as found in the report, affidavit, or
   92  complaint, including:
   93         (I) Whether the alleged offense was committed in an
   94  aggressive, violent, premeditated, or willful manner.
   95         (II) Whether the alleged offense was against persons or
   96  against property, with greater weight being given to offenses
   97  against persons, especially if personal injury resulted.
   98         c. The sophistication and maturity of the child.
   99         2. The record and previous history of the child, including:
  100         a. Previous contacts with the department, the Department of
  101  Corrections, other law enforcement agencies, and the courts.
  102         b. Prior periods of probation.
  103         c. Prior adjudications that the child committed a
  104  delinquent act or a violation of law, with greater weight being
  105  given if the child has previously been found by a court to have
  106  committed a delinquent act or a violation of law involving
  107  violence to persons.
  108         d. Prior commitments to institutions of the department, the
  109  Department of Corrections, or agencies under contract with
  110  either department.
  111         e. Patterns of criminality or patterns of escalation.
  112         3. The prospects for adequate protection of the public and
  113  the likelihood of reasonable rehabilitation of the child, if the
  114  child is found to have committed the alleged offense, by the use
  115  of procedures, services, and facilities currently available to
  116  the juvenile court.
  117         4. Cost-effective alternatives available to divert the
  118  child from the criminal and juvenile justice systems and offer
  119  rehabilitative services for the child.
  120         (b) If the state attorney files an information against a
  121  child under this section, the state attorney shall file with the
  122  court his or her written explanation, addressing the factors
  123  listed in paragraph (a), as to why the child should be
  124  transferred for criminal prosecution.
  125         (5) REVERSE WAIVER.—Any child over whom the adult court has
  126  obtained original jurisdiction may request, in writing, a
  127  hearing to determine whether the child shall remain in adult
  128  court. The adult court shall retain jurisdiction unless the
  129  child proves by a preponderance of the evidence all of the
  130  following:
  131         (a) The child could obtain services available in the
  132  juvenile justice system which could lessen the possibility of
  133  the child reoffending in the future.
  134         (b) The child’s best interests would be served by
  135  prosecuting the case in juvenile court.
  136         (c) The child could receive juvenile sanctions that would
  137  provide adequate safety and protection for the community.
  138         (d) The child is not charged with a felony that is
  139  punishable by death or life imprisonment.
  140         (e) The child has not previously been convicted and
  141  sentenced as an adult.
  142         (6)(4)CHARGES INCLUDED.—An information filed pursuant to
  143  this section may include all charges that are based on the same
  144  act, criminal episode, or transaction as the primary offenses.
  145         Section 2. Subsection (2) of s. 985.04, subsection (1) of
  146  s. 985.15, subsection (5) of s. 985.265, and subsection (3) of
  147  s. 985.556, Florida Statutes, are reenacted for the purpose of
  148  incorporating the amendments made by this act to s. 985.557,
  149  Florida Statutes.
  150         Section 3. This act shall take effect July 1, 2015.