CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 73 Ì2606568Î260656 LEGISLATIVE ACTION Senate . House Comm: UNFAV . 01/25/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.