HB 10

HB10 INTRODUCED
1 HB10
2 I3HC76Z-1
3 By Representative Pettus
4 RFD: Public Safety and Homeland Security
5 First Read: 13-Jan-26
6 PFD: 25-Jun-25
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I3HC76Z-1 05/14/2025 THR (L)THR 2025-1939
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4 SYNOPSIS:
5Under existing law, a juvenile court has
6exclusive original jurisdiction over a delinquent act
7committed by a child.
8Also under existing law, a nonfelony offense or
9water safety offense committed by a child 14 or 15
10years of age, other than driving under the influence or
11operation of a vessel while under the influence, is a
12delinquent act for purposes of juvenile proceedings.
13This bill would provide that a nonfelony offense
14or water safety offense committed by a child 14 or 15
15years of age, other than driving under the influence or
16operation of a vessel while under the influence, is not
17a delinquent act for purposes of juvenile proceedings.
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19
20A BILL
21TO BE ENTITLED
22AN ACT
23
24Relating to juvenile offenders; to amend Section
25 12-15-102, Code of Alabama 1975, to further provide for what
26 qualifies as a delinquent act for purposes of juvenile
27 proceedings.
28 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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29Section 1. Section 12-15-102, Code of Alabama 1975, is
30 amended to read as follows:
31"§12-15-102
32When used in For the purposes of this chapter, the
33 following words and phrases terms have the following meanings:
34(1) ADULT. An individual 19 years of age or older.
35(2) AFTERCARE. Conditions and supervision as the
36 juvenile court orders after release from the Department of
37 Youth Services.
38(3) CHILD. An individual under the age of 18 years of
39 age, or under 21 years of age and before the juvenile court
40 for a delinquency matter arising before that individual's 18th
41 birthday, or under 19 years of age and before the juvenile
42 court for a child in need of supervision matter or commitment
43 to the State Department of Mental Health, or under 19 years of
44 age and before the juvenile court for a proceeding initiated
45 under Section 12-15-115(b)(2). Where a delinquency petition
46 alleges that an individual, prior to the individual's 18th
47 birthday, has committed an offense for which there is no
48 statute of limitation pursuant to Section 15-3-5, the term
49 child also shall include includes the individual subject to
50 the petition, regardless of the age of the individual at the
51 time of filing.
52(4) CHILD IN NEED OF SUPERVISION. A child who has been
53 adjudicated by a juvenile court for doing any of the following
54 and who is in need of care, rehabilitation, or supervision:
55a. Being subject to the requirement of compulsory
56 school attendance, is habitually truant from school as defined
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57 by the State Board of Education in the Alabama Administrative
58 Code. Notwithstanding the foregoing, a child shall not be
59 found in need of supervision pursuant to this subdivision if
60 the juvenile court determines that the parent, legal guardian,
61 or legal custodian of the child was solely responsible for the
62 nonattendance of the child.
63b. Disobeys the reasonable and lawful demands of his or
64 her parent, legal guardian, or legal custodian and is beyond
65 the control of the parent, legal guardian, or legal custodian.
66c. Leaves, or remains away from, the home without the
67 permission of the parent, legal guardian, legal custodian, or
68 person with whom he or she resides.
69d. Commits an offense established by law but not
70 classified as criminal.
71(5) CHILD'S ATTORNEY. A licensed attorney who provides
72 legal services for a child, or for a minor in a mental
73 commitment proceeding, and who owes the same duties of
74 undivided loyalty, confidentiality, and competent
75 representation to the child or minor as is due an adult
76 client.
77(6) DELINQUENT ACT. An act committed by a child that is
78 designated a violation, misdemeanor, or felony offense
79 pursuant to the law of the municipality, county, or state in
80 which the act was committed or pursuant to federal law. This
81 term shall not apply to any of the following:
82a. An offense when committed by a child 16 or 17 years
83 of age as follows:
841. A nonfelony traffic offense or water safety offense
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85 other than one charged pursuant to Section 32-5A-191 or
86 32-5A-191.3 or a municipal ordinance prohibiting the same
87 conduct.
882. A capital offense.
893. A Class A felony.
904. A felony which has as an element the use of a deadly
91 weapon.
925. A felony which has as an element the causing of
93 death or serious physical injury.
946. A felony which has as an element the use of a
95 dangerous instrument against any person who is one of the
96 following:
97(i) A law enforcement officer or official.
98(ii) A correctional officer or official.
99(iii) A parole or probation officer or official.
100(iv) A juvenile court probation officer or official.
101(v) A district attorney or other prosecuting officer or
102 official.
103(vi) A judge or judicial official.
104(vii) A court officer or official.
105(viii) A person An individual who is a grand juror,
106 juror, or witness in any legal proceeding of whatever nature
107 when the offense stems from, is caused by, or is related to
108 the role of the person individual as a juror, grand juror, or
109 witness.
110(ix) A teacher, principal, or employee of the public
111 education system of Alabama.
1127. Trafficking in drugs in violation of Section
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113 13A-12-231, or as the same may be amended.
1148. Any lesser included offense of the offenses in
115 subparagraphs 1. to 7., inclusive, charged or any lesser
116 felony offense charged arising from the same facts and
117 circumstances and committed at the same time as the offenses
118 listed in subparagraphs 1. to 7., inclusive.
119b. Any criminal act, offense, or violation committed by
120 a child under the age of 18 years of age who has been
121 previously convicted or adjudicated a youthful offender.
122c. A nonfelony traffic offense or water safety offense,
123 other than one charged pursuant to Sections 32-5A-191 or
124 32-5A-191.3 or a municipal ordinance prohibiting the same
125 conduct, committed by a child 14 or 15 years of age.
126(7) DELINQUENT CHILD. A child who has been adjudicated
127 for a delinquent act and is in need of care or rehabilitation.
128(8) DEPENDENT CHILD. a. A child who has been
129 adjudicated dependent by a juvenile court and is in need of
130 care or supervision and meets any of the following
131 circumstances:
1321. Whose parent, legal guardian, legal custodian, or
133 other custodian subjects the child or any other child in the
134 household to abuse, as defined in Section 12-15-301, or
135 neglect, as defined in Section 12-15-301, or allows the child
136 to be so subjected.
1372. Who is without a parent, legal guardian, or legal
138 custodian willing and able to provide for the care, support,
139 or education of the child.
1403. Whose parent, legal guardian, legal custodian, or
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141 other custodian neglects or refuses, when able to do so or
142 when the service is offered without charge, to provide or
143 allow medical, surgical, or other care necessary for the
144 health or well-being of the child.
1454. Whose parent, legal guardian, legal custodian, or
146 other custodian fails, refuses, or neglects to send the child
147 to school in accordance with the terms of the compulsory
148 school attendance laws of this state.
1495. Whose parent, legal guardian, legal custodian, or
150 other custodian has abandoned the child, as defined in
151 subdivision (1) of Section 12-15-301.
1526. Whose parent, legal guardian, legal custodian, or
153 other custodian is unable or unwilling to discharge his or her
154 responsibilities to and for the child.
1557. Who has been placed for care or adoption in
156 violation of the law.
1578. Who, for any other cause, is in need of the care and
158 protection of the state.
159b. The commission of one or more status offenses as
160 defined in subdivision (4) of Section 12-15-201 is not a
161 sufficient basis for an adjudication of dependency.
162(9) DETENTION. The temporary placement of children
163 alleged or adjudicated to be delinquent in secure custody as
164 defined herein pending juvenile court disposition or transfer
165 to a residential facility for further care of a child
166 adjudicated delinquent.
167(10) GUARDIAN AD LITEM. A licensed attorney appointed
168 by a juvenile court to protect the best interests of an
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169 individual without being bound by the expressed wishes of that
170 individual.
171(11) INTAKE OFFICER. A juvenile probation officer or an
172 employee of the judicial branch of government, who is neutral
173 and detached from executive and legislative branch activities,
174 designated by the juvenile court judge to initiate original
175 delinquency, dependency, and child in need of supervision
176 cases, as well as cases designated in Section 12-15-132,
177 before the juvenile court. The juvenile court intake officer
178 shall be appointed a magistrate pursuant to Rule 18, Alabama
179 Rules of Judicial Administration, to issue warrants of arrest
180 for individuals 18 years of age or older committing criminal
181 offenses under the jurisdiction of the juvenile court.
182(12) JUVENILE COURT. The juvenile or family court
183 division of the circuit or district court having jurisdiction
184 over matters as provided by this chapter.
185(13) JUVENILE DETENTION FACILITY. Any facility owned or
186 operated by the state, any county, or other legal entity
187 licensed by and contracted with the Department of Youth
188 Services for the detention of children.
189(14) LAW ENFORCEMENT OFFICER. Any personindividual,
190 however denominated, who is authorized by law to exercise the
191 police powers of the state, a county, or local governments.
192(15) LEGAL CUSTODIAN. A parent, person, agency, or
193 department to whom legal custody of a child under the
194 jurisdiction of the juvenile court pursuant to this chapter
195 has been awarded by order of the juvenile court or other court
196 of competent jurisdiction.
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197(16) LEGAL CUSTODY. A legal status created by order of
198 the juvenile court which vests in a legal custodian the right
199 to have physical custody of a child under the jurisdiction of
200 the juvenile court pursuant to this chapter and the right and
201 duty to protect, train, and discipline the child and to
202 provide the child with food, shelter, clothing, education, and
203 medical care, all subject to the powers, rights, duties, and
204 responsibilities of the legal guardian of the person of the
205 child and subject to any residual parental rights and
206 responsibilities. A parent, person, agency, or department
207 granted legal custody shall exercise the rights and
208 responsibilities personally, unless otherwise restricted by
209 the juvenile court.
210(17) LEGAL GUARDIAN. A person who has been appointed by
211 a probate court pursuant to the Alabama Uniform Guardianship
212 and Protective Proceedings Act, Chapter 2A (commencing with
213 Section 26-2A-1) of Title 26 to be a guardian of a person an
214 individual under 19 years of age who has not otherwise had the
215 disabilities of minority removed. This term does not include a
216 guardian ad litem as defined in this section.
217(18) MINOR. An individual who is under the age of 19
218 years of age and who is not a child within the meaning of this
219 chapter.
220(19) PARENT. The legal mother or the legal father of a
221 child under the jurisdiction of the juvenile court pursuant to
222 this chapter.
223(20) PICK-UP ORDER. In any case before the juvenile
224 court, an order directing any law enforcement officer or other
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225 person authorized by this chapter to take a child into custody
226 and to deliver the child to a place of detention, shelter, or
227 other care designated by the juvenile court.
228(21) PROBATION. The legal status created by order of
229 the juvenile court following an adjudication of delinquency or
230 in need of supervision whereby a child is permitted to remain
231 in a community subject to supervision and return to the
232 juvenile court for violation of probation at any time during
233 the period of probation.
234(22) RESIDENTIAL FACILITY. A dwelling, other than a
235 detention or shelter care facility, providing living
236 accommodations, care, treatment, and maintenance for children,
237 including, but not limited to, institutions, foster family
238 homes, group homes, half-way houses, and forestry camps
239 operated, accredited, or licensed by a federal or state
240 department or agency.
241(23) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES.
242 Those rights and responsibilities remaining with a parent
243 after a transfer of legal custody of a child under the
244 jurisdiction of the juvenile court pursuant to this chapter,
245 including, but not necessarily limited to, the right of
246 visitation, the right to withhold consent to adoption, the
247 right to determine religious affiliation, and the
248 responsibility for support, unless determined by order of the
249 juvenile court not to be in the best interests of the child.
250(24) SECURE CUSTODY. As used with regard to juvenile
251 detention facilities and the Department of Youth Services,
252 this term means residential facilities with construction
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253 features designed to physically restrict the movements and
254 activities of persons individuals in custody such as locked
255 rooms and buildings, including rooms and buildings that
256 contain alarm devices that prevent departure;, fences;, or
257 other physical structures. This term does not include
258 facilities where physical restriction of movement or activity
259 is provided solely through facility staff.
260(25) SHELTER CARE. The temporary care of children in
261 group homes, foster care, relative placement, or other
262 nonpenal facilities."
263Section 2. This act shall become effective on October
264 1, 2026.
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