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LB 464: Change court jurisdiction over juveniles and indictment procedures (Juvenile court of origin)

As introduced: In the case where the accused was younger than age 18 when (s)he allegedly committed a felony or misdemeanor, the county attorney or city attorney shall file the indictment as a juvenile court petition with the juvenile court and:

     (a) if the alleged crime is a misdemeanor and
(1) if the accused juvenile was under the age of 16, the matter will be heard in juvenile court, or
(2) if the accused juvenile is 16 or 17 years old, the matter will be heard in juvenile court, unless the juvenile court transfers the matter to the county court (upon a motion of the county attorney or city attorney)

(b) if the alleged crime is a felony, and the juvenile is under the age of 18 when the crime was allegedly committed, the matter will be heard in the juvenile court unless the juvenile court transfers he proceeding to the district court upon motion of the county attorney or city attorney

(c) if the accused was 18 or older when the alleged felony or misdemeanor was committed or if the case has been transferred by the juvenile court to the county or district court, the accused shall be arraigned by reading pursuant to the previous statute

As Amended:
AM615: Strikes section 9 pertaining to the commitment and discharge of juveniles committed to the Office of Juvenile Services, which extended services for juveniles until the age of 21

Introducing Senator(s): Ashford

Committee: Judiciary

Committee Hearing Date:  March 6, 2013

Current Status: Select file

Estimated Fiscal Impact: In FY 2013-2014, the total fiscal note is $1,957,778, with $1,936,778 coming from the general fund and $21,000 from cash funds. In FY 2014-2015, the total fiscal note is 3,892,516, with that full amount coming from general funds.

Voices for Children’s Position: Support (See our testimony)

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