Bill Summary for H 725 (2013-2014)

Summary date: 

May 21 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 725 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE JUVENILE JURISDICTION ADVISORY COMMITTEE, TO CREATE A PILOT CIVIL CITATION PROCESS FOR JUVENILES, AND TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS WHO HAVE COMMITTED MISDEMEANOR OFFENSES.
Intro. by Avila, Moffitt, Mobley, D. Hall.

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Bill summary

House amendment #1, as perfected by amendments #2 and #3, makes the following changes:

Amends GS 7B-1501(7), effective July 1, 2016, and GS 143B-805(6), effective July 1, 2020, to establish that the definition of a delinquent juvenile includes individuals less than 17 but at least 16 years of age who commit a misdemeanor or infraction under state law or other ordinances and regulations (previously, included in the definition someone who commits indirect contempt by a juvenile).

Amends GS 7B-2200, changing subsection title to Transfer of jurisdiction of juvenile to superior court; transfer of jurisdiction to district criminal court, enacting a new subsection GS 7B-2200(b), which provides that after it has been established that a juvenile is a member of a street gang, the prosecutor, juvenile's attorney, or the court can make a motion to transfer jurisdiction  from juvenile court to district criminal court if the juvenile has reached 16 years of age a the time of the alleged offense that would be a misdemeanor if committed by an adult, provided the alleged defense is related to membership in a street gang.

Enacts new GS 7B-2203.1, Hearing to determine street gang membership, effective July 1, 2019, establishing provisions for hearings to determine street gang membership of a juvenile that is at least 16 years old at the time of the alleged offense, and to determine whether the alleged offense is related to the juvenile's gang membership. Sets out what can be considered in the hearing and provides that if by a preponderance of the evidence the juvenile is a street gang member and the alleged offense was related to gang memebrship, then the cort must transfer the juvenile as provided in GS 7B-2200(b), detailed above.

Makes conforming changes.

 

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