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Key Votes

HB 1271 - Repeals Direct Filing of Juveniles by Prosecutors - Key Vote

Colorado Key Votes

Keith Swerdfeger voted Yea (Passage) on this Legislation.

Read statements Keith Swerdfeger made in this general time period.

Stages

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Issues

Stage Details

Legislation - Signed (Executive) -

Title: Repeals Direct Filing of Juveniles by Prosecutors

Legislation - Bill Passed (Senate) (22-13) - (Key vote)

Title: Repeals Direct Filing of Juveniles by Prosecutors

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for trying juveniles as adults and repeals the authority of district attorneys to direct file against juveniles.

Highlights:
  • Repeals the authority of district attorneys to decide whether to charge juveniles as adults and establishes that only judges have the authority to decide in what court a juvenile will be tried (Sec. 1).
  • Authorizes a juvenile to be charged as an adult only in the following circumstances (Sec. 1):
    • The juvenile is 16 years or older at the time of the alleged offense, whereas existing law authorized adult charges for juveniles 14 years or older;
    • The alleged offense is:
      • A class 1 or class 2 felony; or
      • A violent sexual assault;
    • Any other violent felony; or
    • The juvenile has previously been found guilty of one of the above offenses in a district court.
  • Requires the court to consider certain factors in its decision of whether to try a juvenile as an adult, including but not limited to, the following factors (Sec. 1):
    • The seriousness of the alleged offense;
    • The alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
    • The age and maturity of the juvenile;
    • The record and history of the juvenile,
    • The current and past mental health of the juvenile; and
    • The likelihood of the juvenile’s rehabilitation.
  • Authorizes a juvenile to file a petition to transfer his or her case from a district court to a juvenile court (Sec. 1).
  • Requires the district judge to sentence a juvenile convicted of criminal charges in district court to the youthful offender system in the department of corrections, unless the juvenile qualifies for adult sentencing through a conviction of any of the following offenses (Sec. 1):
    • A class 1 felony;
    • A sexual offense; or
    • A second or subsequent offense.
Legislation - Bill Passed (House) (45-20) - (Key vote)

Title: Repeals Direct Filing of Juveniles by Prosecutors

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for trying juveniles as adults and repeals the authority of district attorneys to direct file against juveniles.

Highlights:
  • Repeals the authority of district attorneys to decide whether to charge juveniles as adults and establishes that only judges have the authority to decide in what court a juvenile will be tried (Sec. 1).
  • Authorizes a juvenile to be charged as an adult only in the following circumstances (Sec. 1):
    • The juvenile is 16 years or older at the time of the alleged offense, whereas existing law authorized adult charges for juveniles 14 years or older;
    • The alleged offense is:
      • A class 1 or class 2 felony; or
      • A violent sexual assault;
    • Any other violent felony; or
    • The juvenile has previously been found guilty of one of the above offenses in a district court.
  • Requires the court to consider certain factors in its decision of whether to try a juvenile as an adult, including but not limited to, the following factors (Sec. 1):
    • The seriousness of the alleged offense;
    • The alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
    • The age and maturity of the juvenile;
    • The record and history of the juvenile,
    • The current and past mental health of the juvenile; and
    • The likelihood of the juvenile’s rehabilitation.
  • Authorizes a juvenile to file a petition to transfer his or her case from a district court to a juvenile court (Sec. 1).
  • Requires the district judge to sentence a juvenile convicted of criminal charges in district court to the youthful offender system in the department of corrections, unless the juvenile qualifies for adult sentencing through a conviction of any of the following offenses (Sec. 1):
    • A class 1 felony;
    • A sexual offense; or
    • A second or subsequent offense.
Legislation - Introduced (House) -

Title: Repeals Direct Filing of Juveniles by Prosecutors

Sponsors

  • Angela Giron (CO - D) (Out Of Office)
  • Claire Levy (CO - D) (Out Of Office)
  • Tim Neville (CO - R) (Out Of Office)
  • Betty June 'B.J.' Nikkel (CO - R) (Out Of Office)

Co-sponsors

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