Automatic Juvenile Waiver Act Exposed

The Automatic Juvenile Waiver Act does not included adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill identifies the offenses and sets forth the procedures through which a juvenile may be automatically be waived into the adult criminal justice system if the prosecutor chooses to file a complaint and warrant for a specified (automatically waived) offense, rather than a petition in juvenile court. Some offenses arc automatically waived, others are waived if committed with a dangerous weapon.

Section 1.

The juvenile division of the {Insert Appropriate Court in Your State} has the following authority and jurisdiction:

A. Exclusive original jurisdiction superior to, and regardless of the jurisdiction of any other court in proceedings concerning a juvenile under {Insert appropriate age at which a juvenile may he treated as an adult} years of age who is found within the county if one or more of the following applies:

1. Except as otherwise provided in this sub-subsection, if the juvenile has violated any municipal ordinance or law of this state or the United States. The juvenile division of the {Insert Appropriate Court in Your State) court has jurisdiction over a juvenile 14 years of age or older who is charges with a specified juvenile violation only if the prosecuting attorney files a petition in juvenile court instead of authorizing a complaint and warrant. As used in this sub-subsection, specified juvenile violation means any of the following:

a. Arson of a dwelling.

b. Assault with intent to commit murder.

c. Assault with intent to maim.

d. Attempted murder.

e. Conspiracy to commit murder.

f. Solicitation to commit murder.

g. First-degree murder.

h. Second degree murder.

i. Kidnapping.

j. First-degree criminal sexual conduct (Rape).

k. Armed robbery.

l. Carjacking.

m. Assault with intent to do great bodily harm if the juvenile is armed with a dangerous weapon.

i. Dangerous weapon means one or more of the following:

A. Loaded or unloaded firearm, whether operable or inoperable.

B. Knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or used as a weapon.

C. An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.

D. An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (A)(B)or(C).

n. Breaking and entering a dwelling with a dangerous weapon or while a person is present in dwelling.

• Dangerous weapon shall have the same meaning set forth in subsection (m).

o. Escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual escaped or attempted to escape was:

i. A high-security or medium security facility operated by the (Insert Appropriate State Juvenile Agency] or by a private agency under contract with {Insert Appropriate State Juvenile Agency}.

p. An attempt’ to commit a violation described in paragraphs (a) through (o).

q. A conspiracy’ o commit, a violation described in paragraphs (a) through (o).

r. A solicitation’ to commit a violation described in paragraphs (a) through

s. Any lesser included offense of a violation described in paragraphs (a) through (o) if the individual is charged with a violation described in (a) through (o).

t. Any other violation arising out of the same transaction as a violation described in paragraphs (a) through (0) if the individual is charged with a violation described in paragraphs (a) through (0).

Most states permit identical sanctions for “attempts, conspiracy, solicitation.” If your state permits identical sanctions, then this section shall apply. If not, you may wish to create a separate section to delineate penalties for “attempts, conspiracy, solicitation”