Juvenile Offenders

Plain English Breakdown

The official source material does not provide detailed information on how juvenile offenders under the age of 16 will be treated, nor does it specify all changes to existing laws beyond those explicitly mentioned.

Juvenile Offenders Bill

This bill requires juvenile offenders aged 16 or older with a prior delinquency record to be transferred from juvenile court to adult criminal court if there is probable cause they committed an offense.

What This Bill Does

• Requires the transfer of a child, aged 16 or older at the time of alleged conduct and with a prior delinquency record, from juvenile court to adult criminal court if there is probable cause that they committed an offense.
• Specifies that such children must be managed as adults in criminal court if they meet certain conditions.
• Requires a hearing before transferring a child to adult court, ensuring the child and their guardian receive at least 14 days' notice of this hearing.

Who It Names or Affects

• Juvenile offenders aged 16 or older with a prior delinquency record in Tennessee.
• Courts and law enforcement agencies dealing with juvenile cases in Tennessee.

Terms To Know

Delinquency

Behavior by a minor that violates criminal laws, but is treated differently from adult crimes under the legal system.

Probable cause

Reasonable grounds for believing that a crime may have been committed and justifying a more detailed search or arrest.

Limits and Unknowns

• The bill does not specify how juvenile offenders under the age of 16 will be treated.
• It is unclear what specific changes this bill will bring to existing laws beyond those explicitly mentioned in the summary.

Official Summary Text

A
fter a petition has been filed alleging delinquency
by a child
based on conduct that is designated a crime or public offense under the law
s, including local ordinances, of this state,
this bill requires a court to
transfer
the
child to the sheriff of the county to be held and dealt with as an adult in the
applicable
criminal court of competent jurisdiction

before hearing the petition on the
merits
. This bill requires the child to
be
managed as
if the child were an adult
if all of the following conditions are met:



The child was 16 at the time of the alleged conduct.



The child has a prior adjudication of delinquency for any offense.



The court finds there is probable cause to believe that the child committed the delinquent act as alleged and the child is not committable to an institution for the developmentally disabled or mentally ill.

This bill requires that a hearing to determine if thes
e provisions have been met must conform with the laws of this state. This bill also requires reasonable notice in
writing of the time, place, and purpose of the hearing be given to the child, the child's parent, guardian, or other custodian at least
14
da
ys prior to the hearing.

Current Bill Text

SENATE BILL 237
By Taylor

HOUSE BILL 77
By Stevens

HB0077
000871
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 37;
Title 39 and Chapter 1007 of the Public Acts of
2024, relative to juvenile offenders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 37-1-134, is amended by adding the
following as a new subsection:
(m)
(1) Notwithstanding subsections (a), (b), and (l), after a petition has been
filed alleging delinquency based on conduct that is designated a crime or public
offense under the laws, including local ordinances, of this state, the court, before
hearing the petition on the merits, shall transfer the child to the sheriff of the
county to be held according to law and to be dealt with as an adult in the criminal
court of competent jurisdiction. The disposition of the child shall be as if the child
were an adult if:
(A) The child was sixteen (16) years of age or older at the time of
the alleged conduct;
(B) The child has a prior adjudication of delinquency for any
offense; and
(C) The court finds:
(i) There is probable cause to believe that the child
committed the delinquent act as alleged; and
(ii) The child is not committable to an institution for the
developmentally disabled or mentally ill.

- 2 - 000871

(2) A hearing to determine whether the requirements of subdivision
(m)(1) have been met must be held in conformity with §§ 37-1-124, 37-1-126,
and 37-1-127.
(3) Reasonable notice in writing of the time, place, and purpose of the
hearing must be given to the child, the child's parent, guardian, or other
custodian at least fourteen (14) days prior to the hearing.
SECTION 2. Tennessee Code Annotated, Section 37-1-134(c), is amended by deleting
"The transfer pursuant to subsection (a)" and substituting "A transfer pursuant to subsection (a)
or (m)".
SECTION 3. Tennessee Code Annotated, Section 37-1-159(d)(2), is amended by
deleting "§ 37-1-134(a) and (b)" and substituting "§ 37-1-134(a), (b), or (m)".
SECTION 4. Tennessee Code Annotated, Section 37-1-131, is amended by deleting
subdivision (g)(1)(B).
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to acts committed on or after that date.