CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 73
       
       
       
       
       
       
                                Ì2606568Î260656                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  01/25/2018           .                                
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       The Committee on Declaration of Rights (Donalds) recommended the
       following:
       
       
    1         CRC Amendment (with title amendment)
    2  
    3         Delete lines 22 - 37
    4  and insert:
    5         (b) When authorized by law, a child as therein defined may
    6  be charged with a violation of law as an act of delinquency
    7  instead of crime and tried without a jury or other requirements
    8  applicable to criminal cases. Any child so charged shall, upon
    9  demand made as provided by law before a trial in a juvenile
   10  proceeding, be tried in an appropriate court as an adult. A
   11  child found delinquent shall be disciplined as provided by law.
   12         (c) It is the policy of this state that, because children
   13  are more neurologically, psychologically, and emotionally
   14  underdeveloped than adults, in order to prosecute a child in
   15  adult criminal court, the state attorney must consider the level
   16  of development of the child and conclude based on that level of
   17  development that public safety would best be served by
   18  prosecuting the child as an adult. The factors to be considered
   19  shall be as provided by law. The decision to prosecute a child
   20  in adult criminal court may be reviewed by the circuit court.
   21  
   22  ================= T I T L E  A M E N D M E N T ================
   23  And the title is amended as follows:
   24         Delete lines 3 - 5
   25  and insert:
   26         require that a state attorney consider a child’s level
   27         of development before prosecuting the child as an
   28         adult and authorizing the circuit court to review the
   29         state attorney’s prosecution decision.