Proposed Tennessee Legislation Would Try 16-Year-Olds As Adults If They Have A Juvenile Record

Image Credit: Senator Brent Taylor / Facebook

The Tennessee Conservative [By Paula Gomes] –

Proposed legislation has been filed that would allow teens as young as 16-years-old to be tried as adults if they have a record with the Juvenile Court.

Senator Brent Taylor (R-Memphis-District 31) is the sponsor for Senate Bill 0237 (SB0237) which would require courts to transfer teens to the county sheriff to be held and then dealt with as though they are adults in the applicable criminal court.

For this to happen, three conditions would need to be met.

1. The child must be at least 16 at the time of the alleged offense.
2. The child must have a prior adjudication of delinquency.
3. There is probable cause that the child committed a delinquent act, and the child does not qualify to be committed to an institution for the developmentally disabled or mentally ill.

Taylor has also sponsored two other bills related to juvenile offenders.

Senate Bill 0219 (SB0219) would hold parents and guardians of juvenile offenders liable for restitution for expenses incurred by law enforcement in responding and investigating juvenile delinquency.

According to the language in the bill, after a second offense, a court would have the option of entering an order of restitution, but after a third or subsequent offense, the court would be required to hold parents and guardians responsible financially. The minimum amount of such an order would be $250, if the offense would be a misdemeanor if committed by an adult instead of a child, but if the act committed would be a felony in an adult court then the amount of restitution would be no less than $500. In either case, the amount would not exceed $1,000 and if the parents or guardians are too impoverished to pay, they would be ordered to perform community service in lieu of financial restitution.

A third bill sponsored by Taylor, Senate Bill 0221 (SB0221), would allow courts to use juvenile court records when setting bond for criminal offenses. 

Present state law keeps these records confidential and they do not follow offenders into adulthood. Taylor’s proposed legislation would change that, and require magistrates to consider these records in determining a defendant’s risk of harm to the community at large.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.