HB 268

Abstract

Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.

Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; clear and convincing evidence; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense. The bill also requires that a study and report prior to a transfer hearing includes any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill allows a circuit court to set aside a guilty verdict, render the juvenile delinquent, and impose a disposition consistent with relevant law if the court receives evidence that the juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the offense.Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.

Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; clear and convincing evidence; treatment and rehabilitation. Directs a juvenile and domestic relations district court to retain jurisdiction of a juvenile defendant if, during a transfer hearing, the court receives evidence that such juvenile was trafficked, sexually abused, or raped by the alleged victim prior to or during the commission of the alleged offense, unless the court finds by clear and convincing evidence that the alleged victim did not traffic, sexually abuse, or rape the juvenile prior to or during the commission of the alleged offense. The bill also directs a circuit court to set aside a guilty verdict, render the juvenile delinquent, and impose a disposition consistent with relevant law if the court receives evidence that the juvenile was trafficked, sexually abused, or raped by the alleged victim prior to or during the commission of the offense, unless the court finds by clear and convincing evidence that the alleged victim did not traffic, sexually abuse, or rape the juvenile prior to or during the commission of the alleged offense. Further, the bill states that the provisions shall be construed to prioritize the successful treatment and rehabilitation of juvenile victims of human trafficking and sex crimes who commit acts of violence against their abusers, and that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.