SB 119-18: Age of Culpability Act--Failed

[LAKISYLVANIA]

Make the federal limit 13 if you really must have one, I'm not seeing the need for a massive argument here or for verbal jiujitsu over who allegedly supports what. We had a much more constructive conversation about this last session.

Why not support my amendment, i said 14. Is that 1 year really gonna matter for you.

You maybe don't see the need for a massive argument or don't care about it, but I see the need of opposing the bill in it's original form.

[Joseph Cao]

Make the federal limit 13 if you really must have one, I'm not seeing the need for a massive argument here or for verbal jiujitsu over who allegedly supports what. We had a much more constructive conversation about this last session.

Why not support my amendment, i said 14. Is that 1 year really gonna matter for you.

You maybe don't see the need for a massive argument or don't care about it, but I see the need of opposing the bill in it's original form.

Perhaps I would if I were voting, but this comment is aimed at others more so than you.

I'm noting for example that the SNP chose to reintroduce this in its original form knowing it failed miserably last time, and Pyro chose to go for an even more divergent amendment instead of the one that almost passed last time. Literally why give yourselves the extra headache, guys?

[Vice President Christian Man]

Motioning for a final vote

[Pyro]

I propose the following amendment. This introduces AO terminology into the criminal code and permits AOs charged with a violent felony to be tried as adults in certain circumstances. This also ensures those under the age of 18 are eligible to receive sufficient support services like rehabilitation programs. Last, this disallows minors from being held in the same facilities as adults, and furthermore requires parents, or guardians, be notified in the event of an arrest.

Age of Culpability Act

Section I: Definitions
1. For the purposes of this bill, an Adolescent Offender (AO) is considered an individual charged with a felony committed when they were sixteen (16) or seventeen (17) years of age.

Section II: Offenders

1. For purposes of any federal criminal prosecution, an AO a minor child aged ten (10) years or older charged with committing a violent felony under criminal law shall generally be deemed to be capable of criminal culpability for purposes of establishing the mens rea required for a conviction.
a. The defense may rebut this presumption and request the accused be processed as a juvenile if the defendant did not use a deadly weapon, did not cause significant physical injury, or if the charge is not regarding a sex-related criminal offense.
b. AOs shall be eligible to receive the following services -
i. Access to mental health care support, youth rehabilitative and therapeutic programs, substance abuse treatment, alternatives to detention, and intervention assistance.
ii. Discharge services including mental health care support, family reintegration, and housing assistance.

2. Minors shall not be held in any prison, jail, placement facility, or correctional facility used for adults convicted or a crime or charged with crime.
a. Minors committed to the custody of a law enforcement officer shall be taken to and lodged at a certified juvenile detention facility.
b. Upon the arrest of a juvenile offender or AO, the law enforcement officer must immediately notify the parent or legal guardian responsible for the individual's care regarding all details of the arrest as well as the location of the juvenile detention facility.

for any minor child aged at least ten (10) years but less than twelve (12) years. The defense may not rebut this presumption for any minor child aged at least twelve (12) years but less than eighteen (18 ) years.

2. Nothing in this act shall limit any civil lawsuit arising from the otherwise criminal conduct of a minor child. In any such civil lawsuit, the parents or guardians of the minor child shall be jointly and severally liable for any damages awarded due to the otherwise criminal conduct of their minor child.

3. This act shall take effect thirty (30) days after the date of passage.

Question is on the Amendment.

Aye

[Vice President Christian Man]

Nay

[fhtagn]

Nay

[Dr. MB]

aye

[RFayette]

Nay

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Nay

[reagente]

Nay

[At-Large Senator LouisvilleThunder]

Aye

[ChiefFireWaterMike]

Nay

[President Punxsutawney Phil]

Aye

[Coastal Elitist]

Nay

[GM Team Member and Senator WB]

aye

[P. Clodius Pulcher did nothing wrong]

Aye

[Adam Griffin]

Aye

[Pyro]

Amendment vote is tied 7-7-0-3.

The Vice President shall cast the tie-breaking vote.

[FEMA Camp Administrator]

Nay.

I support much of the spirit of the amendment (1a, 1b, and 2) but view the age as too high.

[Vice President Christian Man]

The Pyro amendment fails.

Motioning for a final vote.

[Vice President Christian Man]

A final vote has been initiated

Aye

[Dr. MB]

nay

[Pyro]

Nay. It is unconscionable to allow 10 year-old children to go to prison.

[GM Team Member and Senator WB]

Nay, this is well below the same standard used throughout much of the world.

[fhtagn]

Aye