HB911. Juveniles; any transfer to circuit court shall include ancillary charges.

MAJDC is pleased to report this  bill was defeated in the Senate Courts of Justice with 10 votes against the bill and 5 supporting.

This bill would have required all ancillary charges to the offense a juvenile was transferred to circuit court to also be transferred to circuit court.

SB259. Juveniles; Detention of Those Transferred or Certified.

The House Criminal Subcommittee of the Committee of Courts of Justice recommended reporting from the committee with amendments. The vote was unanimous, with Delegate Robert Bell not voting.

This bill provides that juveniles whose criminal cases have been transferred to circuit court or certified be placed in juvenile detention centers rather than in adult correctional facilities.

Liveblog: Senate Criminal Subcommittee

The Senate Courts of Justice, Criminal Subcommittee, is currently considering a number of juvenile-related bills.

• SB 259, pertaining to the detention of transferred juveniles in adult facilities, is reported.
• SB 585, providing counsel to juveniles, is amended to conform more closely with the adult statute, 53.1-40.  It is then reported.
• SB 587, retaining the Juvenile & Domestic Relations Court’s jurisdiction over juveniles in the custody of the Department of Juvenile Justice, is struck, at the motion of Sen. Marsden.
• SB 205, reverse waiver, is currently under consideration. has been tabled until at least Monday’s meeting.

More updates to come as bills are considered.

UPDATE 9:25am:  The committee has finished its consideration of juvenile bills for the day.

HB911. Juveniles; any transfer to circuit court shall include ancillary charges.

HB911. Juveniles; Any Transfer to Circuit Court Shall Include Ancillary Charges.

This bill amends §§ 16.1-269.1 and 16.1-269.6 of the Code of Virginia, clarifying that when a juvenile is transferred to circuit court any ancillary charges will also be transferred to circuit court, even if the ancillary charges are not felonies.

Patron: Bell

Committee: Courts of Justice

Sub-committee: Criminal

Full Text

SB259. Juveniles; Detention of Those Transferred or Certified.

SB259. Juveniles; Detention of Those Transferred or Certified.

This bill amends §§ 16.1-249, 16.1-269.5, and 16.1-296.6 of the Code of Virginia requiring that a juvenile who has been transferred will be placed in a juvenile facility. This will occur unless, in the judgment of a custodian at the juvenile facility, the juvenile has demonstrated a threat to the safety of others in the facility. The charges filed against the juvenile are not considered a demonstrated threat to other juveniles at the facility.

The bill also requires a court to consider the limitations set forth in sections D and E of §16.1-249 when placing a juvenile in a local correctional facility.

This bill removes language in section B of §16.1-269.6 that previously allowed a juvenile to be placed in a local correctional facility immediately upon transfer, with only consideration of section E of §16.1-249. Removing this language makes the requirements of the previous amendments requiring placement of transferred juveniles in juvenile facilities clearly apply.

Patron: Lucas

Committee: Courts of Justice

Sub-committee: Criminal

Full Text

HB 1120: Juvenile Transfer Offenses

HB1120 is offered to amend the juvenile transfer statute found in § 16.1-269.1 of the Code of Virginia. HB1120 would require the juvenile be transferred to circuit court by legislative waiver if charged with an act of violence as defined in § 19.297.1 and had been previously adjudicated delinquent for an offense defined as act of violence in § 19.2-297.1.

HB1120 would also add a list of drug related offenses that would allow the attorney for the Commonwealth to file the juvenile’s case directly in circuit court as long as the juvenile has previously been adjudicated delinquent for the same charge.

Patron: Del. Gilbert

Committee: Courts of Justice

Full Text

SB 389: Juvenile Transfer Offenses

SB389 is offered to amend the juvenile transfer statute found in § 16.1-269.1 of the Code of Virginia. SB389 would require the juvenile be transferred to circuit court by legislative waiver if charged with an act of violence as defined in § 19.297.1 and had been previously adjudicated delinquent for an offense defined as act of violence in § 19.2-297.1.

SB389 would also add a list of drug related offenses that would allow the attorney for the Commonwealth to file the juvenile’s case directly in circuit court as long as the juvenile has previously been adjudicated delinquent for the same charge.

Patron: Sen. McDougle

Committee: Courts of Justice

Assigned Courts sub: Criminal

Full Text