Juvenile Use of a Dangerous Weapon Act Exposed: Difference between revisions

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automatic sentence to a juvenile detention facility
automatic sentence to a juvenile detention facility


Section 1.
<u>Section 1.</u>


A. In addition to any other disposition under the Probate Court Juvenile Trial and Sentencing Act
A. In addition to any other disposition under the Probate Court Juvenile Trial and Sentencing Act
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detention facility if all of the following exist:
detention facility if all of the following exist:


1. The juvenile is under the jurisdiction of the {Insert Appropriate State .Juvenile
:1. The juvenile is under the jurisdiction of the {Insert Appropriate State .Juvenile Court}.
Court}.


2. The juvenile is adjudicated as or convicted of violating a criminal state or municipal
:2. The juvenile is adjudicated as or convicted of violating a criminal state or municipal law of this state or the United States.
law of this state or the United States.


3. The juvenile is found to have used a dangerous weapon during the criminal violation.
:3. The juvenile is found to have used a dangerous weapon during the criminal violation.


*a. “Dangerous Weapon” shall have the meaning set forth in {Insert Appropriate Citation of State Code}.
::a. “Dangerous Weapon” shall have the meaning set forth in {Insert Appropriate Citation of State Code}.


B. The period of time under Subsection “A” shall not exceed the length of sentence that could
:B. The period of time under Subsection “A” shall not exceed the length of sentence that could
have been imposed if the juvenile had been sentenced as an adult.
have been imposed if the juvenile had been sentenced as an adult.



Latest revision as of 19:20, 22 March 2016

The Juvenile Use of a Dangerous Weapon Act does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill requires that a juvenile who uses a dangerous weapon to commit a crime receive an automatic sentence to a juvenile detention facility

Section 1.

A. In addition to any other disposition under the Probate Court Juvenile Trial and Sentencing Act a Juvenile other than a juvenile sentenced in the same manner as an adult shall be committed to a detention facility if all of the following exist:

1. The juvenile is under the jurisdiction of the {Insert Appropriate State .Juvenile Court}.
2. The juvenile is adjudicated as or convicted of violating a criminal state or municipal law of this state or the United States.
3. The juvenile is found to have used a dangerous weapon during the criminal violation.
a. “Dangerous Weapon” shall have the meaning set forth in {Insert Appropriate Citation of State Code}.
B. The period of time under Subsection “A” shall not exceed the length of sentence that could

have been imposed if the juvenile had been sentenced as an adult.

Severability Clause

Repealer Clause

Effective Date