Juvenile Offenders

Plain English Breakdown

The exact impact on juvenile offenders under 16 years old with prior delinquency records is unclear and remains speculative without further information from the bill text or summary.

Juvenile Offenders: Transfer to Adult Court

This bill changes how Tennessee handles certain juvenile offenders by transferring them to adult criminal court if they meet specific conditions.

What This Bill Does

• Requires a child who is at least 16 years old and has been previously found delinquent to be transferred to an adult criminal court for any new alleged crime before the juvenile court hears the case on its merits, if there's probable cause to believe the child committed the act and they are not mentally ill or developmentally disabled.
• Specifies that a hearing must determine whether these conditions have been met, following state laws for such hearings.
• Ensures that at least 14 days before this hearing, written notice is given to the child, their parent, guardian, or custodian about the time and place of the hearing.

Who It Names or Affects

• Juveniles who are 16 years old or older.
• Children with a prior delinquency record.
• Courts handling juvenile cases.
• Parents, guardians, or custodians of affected juveniles.

Terms To Know

Delinquency

Behavior by a minor that violates criminal law and is handled in the juvenile justice system.

Probable cause

Reasonable grounds for believing that a crime may have been committed or evidence of guilt.

Limits and Unknowns

• The bill does not specify what happens if the conditions are not met.
• It is unclear how this change will affect juvenile offenders under 16 years old with prior delinquency records.
• The exact impact on the number of juveniles transferred to adult court remains unknown.

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

HOUSE BILL 77
By Stevens

SENATE BILL 237
By Taylor

SB0237
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.