This bill mandates the waiver of jurisdiction from juvenile to adult criminal court for specific criminal homicide offenses that involve stalking. It stipulates that if a juvenile is 15 years or older at the time of the alleged act and there is probable cause to believe they committed a delinquent act that would constitute criminal homicide (excluding death by auto), as well as probable cause that the juvenile engaged in stalking behavior directed at the victim, the court must refer the case to adult court. A hearing will be conducted to evaluate evidence from both the State and the juvenile, and any testimony given by the juvenile during this hearing cannot be used in subsequent delinquency or guilt determinations.
The bill also outlines that, upon waiver, the case will proceed in adult court as if it originated there, with a presumption that the juvenile will serve any custodial sentence in a juvenile facility until they turn 21. However, the Youth Justice Commission has the discretion to transfer juveniles under 21 to an adult facility if necessary for public safety. If a juvenile is not convicted of the offense that led to the waiver but is convicted of another offense, that conviction will be treated as a juvenile adjudication and remanded to juvenile court for appropriate disposition, ensuring that the juvenile is subject to juvenile rather than adult penalties.