This 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 ten 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 to understand the consequences of their actions and should receive appropriate services and treatment instead of criminal penalties.

Additionally, the bill modifies existing definitions within the Arkansas Juvenile Code. It updates the definition of "delinquent juvenile" to specify that only those at least ten years of age can be considered delinquent, while also clarifying that children charged with serious offenses like capital murder or first-degree murder are subject to extended juvenile jurisdiction. Furthermore, the definition of "family in need of services" is expanded to include families with juveniles who have caused the death of another person while being nine years old or younger, ensuring that such cases are addressed within the juvenile justice system rather than through criminal prosecution.

Statutes affected:
Old version SB459 V2 - 3-20-2025 02:12 PM: 9-27-303(15)
Old version SB459 V3 - 4-14-2025 02:03 PM: 9-27-303(15)
Old version SB459 Original - 3-13-2025 04:02 PM: 9-27-303(15), 9-27-303(23)
SB 459: 9-27-303(15), 9-27-303(23)