The proposed bill amends the minimum age for adjudicating a juvenile delinquent, establishing that children under ten years of age cannot be held criminally responsible for their actions. Specifically, it sets the minimum age for delinquency adjudication at ten years, while allowing for children younger than this age who cause the death of another person to be adjudicated as a juvenile in need of services. The bill emphasizes that children under ten lack the intellectual capacity and maturity to fully understand the consequences of their actions, and therefore should receive appropriate services and treatment rather than criminal penalties.

Additionally, the bill modifies existing definitions within the Arkansas Juvenile Code. It clarifies that a "delinquent juvenile" is defined as a juvenile at least ten years of age who commits acts that would be considered crimes if committed by an adult. Furthermore, it expands the definition of a "family in need of services" to include families with juveniles who have caused the death of another person while being nine years of age or younger. This legislative change aims to ensure that young children are treated in a manner that is appropriate for their developmental stage while still addressing serious behaviors.

Statutes affected:
Old version SB459 Original - 3-13-2025 04:02 PM: 9-27-303(15), 9-27-303(23)
Old version SB459 V2 - 3-20-2025 02:12 PM: 9-27-303(15)
SB 459: 9-27-303(15), 9-27-303(23)