First Regular Session S.B. 1660
PROPOSED
SENATE AMENDMENTS TO S.B. 1660
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 8-202, Arizona Revised Statutes, is amended to read:
8-202. Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title.
B. The juvenile court has exclusive original jurisdiction over all proceedings brought under the authority of this title except for delinquency proceedings.
C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following:
1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court.
2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding.
D. The juvenile court has jurisdiction of proceedings to:
1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law.
2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change.
E. The juvenile court has jurisdiction over both civil traffic violations and offenses listed in section 8-323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts. except for the following:
1. An order entered in the criminal court concerning an ongoing case that governs a criminal defendant’s ability to contact the victim, the family of the victim or other minor children if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children.
2. An order by the court of appeals and the supreme court to the extent they are inconsistent with orders of other courts.
G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday.
H. If the state files a notice of intent to retain jurisdiction when proceedings are commenced pursuant to section 8-301, paragraph 1 or 2, the court shall retain jurisdiction over a juvenile who is at least seventeen years of age and who has been adjudicated a delinquent juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either:
1. Jurisdiction is terminated by order of the court.
2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41-2820.
I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8-327.
2. The juvenile is charged as an adult with an offense listed in section 13-501.
J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8-348.
K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult's best interests."
Renumber to conform
Page 9, lines 17 and 18, strike "prostitution child sex trafficking" insert "prostitution"
Page 12, line 11, after "employee" insert "or volunteer"
Line 12,
after "older" insert "and who
works or volunteers at the minor's school"
Page 12, strike line 15, insert:
"(d) Any person who is eighteen years of age or older and who works or volunteers for a religious organization hosting events or activities where the minor is in attendance.”
Line 18, strike "except for a sibling,"
Strike lines 21 and 22
Reletter to conform
Line 25, after "guardian" insert ", sibling"
Page 13, strike lines 35 through 45
Strike pages 14 through 19
Page 20, strike lines 1 through 37
Renumber to conform
Lines 43 and 44, strike "a prosecution for a violation of section 13-1404 or 13-3212" insert "any case that includes charges against the child under chapters 14 and 35.1 of this title and section 13-3206, 13-3212 or 13-3623"
Page 28, line 8, strike "department of education" insert "Arizona prosecuting attorneys advisory council”
Line 14, after "materials" insert "developed pursuant to this section”
Page 28, strike lines 21 through 45
Strike pages 29 through 33
Page 34, strike lines 1 through 6
Renumber to conform
Amend title to conform