Criminal Justice

HB 1249 changes juvenile court jurisdiction by adding "unlawful carrying of a handgun charged as a felony" to the list of offenses where juvenile courts cannot handle cases. This means juveniles facing felony handgun charges would be processed in adult court instead of juvenile court. The bill directly affects young people under 18 charged with this specific weapon-related offense. It modifies existing law by expanding the category of serious crimes excluded from juvenile court jurisdiction, requiring such cases to move to adult criminal court proceedings. The bill passed the House unanimously (74-18) and is now before the Senate Committee on Corrections and Criminal Law.

Makes wearing a mask during the commission of a criminal offense a sentencing aggravator. Makes it malicious littering, a Class A misdemeanor, for a person to place refuse on the property of another person with the intent to cause the owner or occupant of the property to reasonably fear for their physical safety.

Provides that offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community. Establishes procedures for a bail hearing. Removes duplicative provisions concerning repeat violent arrestees. Permits a court to retain cash bail for the payment of certain costs without an indigency hearing if the defendant has executed an agreement permitting the court to retain the cash bail for these purposes.

Provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. This proposed amendment has been agreed to by one general assembly.