Present law generally provides that, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held and to be dealt with as an adult in the criminal court of competent jurisdiction. The disposition of the child must be as if the child were an adult if certain circumstances apply.
One such circumstance is that the child was 16 or more at the time of the alleged conduct; and was either (i) charged with the offense of robbery or attempt to commit robbery or (ii) confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom. For acts committed on or after October 1, 2023, this bill rewrites that provision to provide, instead, that it applies to a child who was 16 or more at the time of the alleged conduct and was charged with the offense of robbery, burglary involving theft of a firearm, or attempt to commit any such offense.
PROCESS
This bill requires the criminal court, or court having criminal jurisdiction, to review a juvenile court's determination pursuant to the new circumstance described above upon motion by either party. If appealed, the clerk of the juvenile court must file the record on appeal no later than 15 days after the entry of the juvenile court's order.
This bill requires the criminal court or court having criminal jurisdiction to conduct a de novo review of the juvenile court's determination, and the court's review must be expedited. The review by the criminal court or court having criminal jurisdiction is a review of the record only and must be conducted without an evidentiary hearing.
This bill requires the state to serve and file a brief no later than 15 days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. Counsel for the child must serve and file a brief within 15 days after the state's brief is filed with the clerk. Reply briefs are not permitted. The criminal court or court having criminal jurisdiction must issue a decision within 45 days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. If an appeal is filed, then the juvenile court's jurisdiction over the alleged delinquent conduct under de novo review by the criminal court or court having criminal jurisdiction is automatically stayed until the review by the criminal court or court having criminal jurisdiction is completed.

Statutes affected:
Introduced: 37-1-134(a)(1)(A)(iii)(b)(1), 37-1-134