§ 12-15-204 — Acts for Which Person Who Has Attained Age 16 Shall Be Charged, Arrested, and Tried as Adult; Removal of Person from Jurisdiction of Juvenile Court

Alabama § 12-15-204

• Jurisdiction: Alabama
• Title 12: Courts
• Ch. 15: Juvenile Proceedings
• Art. 2: Delinquency and Children in Need of Supervision

Text

(a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult:
(1) A capital offense.
(2) A Class A felony.
(3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any person who is one of the following:
a. A law enforcement officer or official.
b. A correctional officer or official.
c. A parole or probation officer or official.
d. A juvenile court probation officer or official.
e. A district attorney or other prosecuting officer or official.
f. A judge or judicial official.
g. A court officer or official.
h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.
i. A teacher, principal, or employee of the public education system of Alabama.
(6) Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.
(7) A violation of Article 12 of Chapter 6 of Title 13A.
(8) Any lesser included offense of the above offenses charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed above. Provided, however, that the juvenile court shall maintain original jurisdiction over these lesser included offenses if the grand jury fails to indict for any of the offenses enumerated in subsections (a)(1) to (a)(7), inclusive. The juvenile court shall also maintain original jurisdiction over these lesser included offenses, subject to double jeopardy limitations, if the court handling criminal offenses dismisses all charges for offenses enumerated in subsections (a)(1) to (a)(7), inclusive.
(b) Notwithstanding any other provision of law, any person who has been convicted or adjudicated a youthful offender in a court handling criminal offenses pursuant to this section shall not thereafter be subject to the jurisdiction of juvenile court for any pending or subsequent offense. Provided, however, pursuant to Section 12-15-117, the juvenile court shall retain jurisdiction over an individual of any age for the enforcement of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.
(c) This section shall apply to all cases in which the alleged criminal conduct occurred after April 14, 1994. All conduct occurring before April 14, 1994, shall be governed by pre-existing law.

Legislative History

(Acts 1994, No. 94-481, p. 798, §§1-3; Acts 1996, No. 96-571, p. 871, §1; §12-15-34.1; amended and renumbered by Act 2008-277, p. 441, §12; Act 2023-416, §2.)