Current with legislation from 2024 Fiscal and Special Sessions.
Section 9-27-501 - Extended juvenile jurisdiction designation(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the: (1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502;(2)(A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102.(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes: (A) Capital murder, § 5-10-101;(B) Murder in the first degree, § 5-10-102;(C) Murder in the second degree, § 5-10-103;(D) Kidnapping, § 5-11-102;(E) Aggravated robbery, § 5-12-103;(F) Battery in the first degree, § 5-13-201;(G) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4);(H) Aggravated assault, § 5-13-204;(I) Terroristic act, § 5-13-310;(K) Sexual assault in the second degree, § 5-14-125;(L) First degree escape, § 5-54-110;(M) Second degree escape, § 5-54-111;(N) Criminal use of prohibited weapons, § 5-73-104;(O) Possession of a handgun on school property, § 5-73-119(b)(1)(A);(P) Unlawful discharge of a firearm from a vehicle, § 5-74-107;(Q) Any felony involving a firearm;(R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203; or(S) A felony attempt, solicitation, or conspiracy to commit any of the following offenses: (i) Capital murder, § 5-10-101;(ii) Murder in the first degree, § 5-10-102;(iii) Murder in the second degree, § 5-10-103;(iv) Kidnapping, § 5-11-102;(v) Aggravated robbery, § 5-12-103;(vi) Battery in the first degree, § 5-13-201;(viii) First degree escape, § 5-54-110; and(ix) Second degree escape, § 5-54-111; or(4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.(b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.Amended by Act 2023, No. 692,§ 1, eff. 8/1/2023.Acts 1999, No. 1192, § 1; 2003, No. 1809, § 13