Senate Bill 2969

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT MAY HAVE ORIGINAL JURISDICTION OVER A CHILD WHO HAS COMMITTED AN ACT THAT MAY BE PUNISHABLE BY LIFE IMPRISONMENT, EXCEPT IF A CHILD COMMITS MURDER, OR OVER A CHILD WHO COMMITS AN ACT USING CERTAIN WEAPONS; TO PROVIDE THAT SUCH JURISDICTION SHALL NOT APPLY IF THE YOUTH COURT DEEMS THAT A TRANSFER TO A CIRCUIT COURT IS APPROPRIATE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-21-151, Mississippi Code of 1972, is amended as follows:

43-21-151. (1) (a) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child other than * * * any act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death, including homicide as defined in Section 97-3-19, homicide while committing a felony as defined in Section 97-3-27, rape as defined in Section 97-3-65 or 97-3-71, sexual battery as defined in Section 97-3-95, drive-by shootings as defined in Section 97-3-109, or aggravated assault with the use of a firearm, will be in the original jurisdiction of the circuit court.

* * *

(b) (i) When a charge of abuse of a child first arises in the course of a custody action between the parents of the child already pending in the chancery court and no notice of such abuse was provided prior to such chancery proceedings, the chancery court may proceed with the investigation, hearing and determination of such abuse charge as a part of its hearing and determination of the custody issue as between the parents, notwithstanding the other provisions of the Youth Court Law. The proceedings in chancery court on the abuse charge shall be confidential in the same manner as provided in youth court proceedings.

(ii) When a child is expelled from the public schools, the youth court shall be notified of the act of expulsion and the act or acts constituting the basis for expulsion.

(2) Jurisdiction of the child in the cause shall attach at the time of the offense and shall continue thereafter for that offense until the child's twentieth birthday, unless sooner terminated by order of the youth court. The youth court shall not have jurisdiction over offenses committed by a child on or after his eighteenth birthday, or over offenses committed by a child on or after his seventeenth birthday where such offenses would be a felony if committed by an adult.

(3) No child who has not reached his thirteenth birthday shall be held criminally responsible or criminally prosecuted for a misdemeanor or felony; however, the parent, guardian or custodian of such child may be civilly liable for any criminal acts of such child. No child under the jurisdiction of the youth court shall be held criminally responsible or criminally prosecuted by any court for any act designated as a delinquent act, unless jurisdiction is transferred to another court under Section 43-21-157.

(4) The youth court shall also have jurisdiction of offenses committed by a child which have been transferred to the youth court by an order of a circuit court of this state having original jurisdiction of the offense, as provided by Section 43-21-159.

(5) The youth court shall regulate and approve the use of teen court as provided in Section 43-21-753.

(6) Nothing in this section shall prevent the circuit court from assuming jurisdiction over a youth who has committed an act of delinquency upon a youth court's ruling that a transfer is appropriate pursuant to Section 43-21-157.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.