The bill amends Section 14-1-7.2 of the General Laws in Chapter 14-1, titled "Proceedings in Family Court," by introducing new legal language regarding the certification process for delinquent children. The new section, titled "Certification — Proof," outlines the criteria under which the court, upon a motion by the attorney general, must determine whether to certify a child for prosecution as an adult. The court must find probable cause that the offense has been committed, consider the child's past history and the nature of the offense, and assess whether the current jurisdiction would be insufficient for rehabilitation.
Additionally, the bill removes the previous mandatory certification requirement for individuals aged sixteen or older who have been found delinquent for committing two offenses after that age, which would subject them to adult indictment. This change allows for greater discretion in the certification process and eliminates the consideration of past offenses prior to April 11, 1990, in determining eligibility for certification. The act will take effect upon passage.
Statutes affected: 908: 14-1-7.2