13-501. Persons under eighteen years of age; felony charging; definitions
- The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age and is accused of
any of the following offenses:
- First degree murder in violation of section 13-1105.
- Second degree murder in violation of section 13-1104.
- Forcible sexual assault in violation of section 13-1406.
- Armed robbery in violation of section 13-1904.
- Any other violent felony offense.
- Any felony offense committed by a chronic felony offender.
- Any offense that is properly joined to an offense listed in this subsection.
- Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least
fourteen years of age and is accused of any of the following offenses:
- A class 1 felony.
- A class 2 felony.
- A class 3 felony in violation of any offense in chapters 10 through 17 or chapter 19 or 23 of this title.
- A class 3, 4, 5 or 6 felony involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
- Any felony offense committed by a chronic felony offender.
- Any offense that is properly joined to an offense listed in this subsection.
- A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.
- At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender. Subject to subsection E of this
section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender.
- Upon motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender. At the hearing the state shall prove by a
preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the
juvenile court pursuant to section 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony
offender, the criminal prosecution shall continue.
- Except as provided in section 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person
is convicted.
- For the purposes of this section:
- "Accused" means a juvenile against whom a complaint, information or indictment is filed.
- "Chronic felony offender" means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the
juvenile had been tried as an adult.
- "Forcible sexual assault" means sexual assault pursuant to section 13-1406 that is committed without consent as defined in section 13-1401, paragraph 4, subdivision (a).
- "Historical prior felony conviction" has the same meaning prescribed in section 13-604.
- "Other violent felony offense" means:
- Aggravated assault pursuant to section 13-1204, subsection A, paragraph 1.
- Aggravated assault pursuant to section 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon.
- Drive by shooting pursuant to section 13-1209.
- Discharging a firearm at a structure pursuant to section 13-1211.
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13-504. Persons under eighteen years of age; juvenile transfer
- On motion of a juvenile or on the court's own motion, the court, if a juvenile is being prosecuted in the same manner as an adult pursuant to section 13-501, subsection B for a violation
of title 13, chapter 14 or 35.1, shall hold a hearing to determine if jurisdiction of the criminal prosecution should be transferred to the juvenile court.
- Notwithstanding subsection A of this section, the court shall hold a hearing if a juvenile is prosecuted in the same manner as an adult pursuant to section 13-501, subsection B for a violation
of title 13, chapter 14 or 35.1 that was committed more than twelve months before the date of the filing of the criminal charge.
- If the court finds by clear and convincing evidence that public safety and the rehabilitation of the juvenile, if adjudicated delinquent, would be best served by transferring the prosecution
to the juvenile court, the judge shall order the juvenile transferred to the juvenile court. On transfer, the court shall order that the juvenile be taken to a place of detention designated by
the juvenile court or to that court or shall release the juvenile to the custody of the juvenile's parent, guardian or other person legally responsible for the juvenile. If the juvenile is
released to the juvenile's parent, guardian or other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear
before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court
under section 8-301.
- The court shall consider the following factors in determining whether the public safety and the juvenile's rehabilitation, if adjudicated delinquent, would be served by the transfer:
- The seriousness of the offense involved.
- The record and previous history of the juvenile, including previous contacts with the court and law enforcement, previous periods of any court ordered probation and the results of that probation.
- Any previous commitments of the juvenile to juvenile residential placements or other secure institutions.
- Whether the juvenile was previously committed to the department of juvenile corrections for a felony offense.
- Whether the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.
- Whether the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
- The views of the victim of the offense.
- The degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
- The juvenile's mental and emotional condition.
- The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.
- At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to juvenile court. The court shall not defer the decision as to
the transfer.
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13-921. Probation for defendants under eighteen years of age; dual adult juvenile probation
- The court may enter a judgment of guilt and place the defendant on probation pursuant to this section if all of the following apply:
- The defendant is under eighteen years of age at the time the offense is committed.
- The defendant is convicted of a felony offense.
- The defendant is not sentenced to a term of imprisonment.
- The defendant does not have a historical prior felony conviction.
- If the court places a defendant on probation pursuant to this section, all of the following apply:
- Except as provided in paragraphs 2, 3 and 4 of this subsection, if the defendant successfully completes the terms and conditions of probation, the court may set aside the
judgment of guilt, dismiss the information or indictment, expunge the defendant's record and order the person to be released from all penalties and disabilities resulting from
the conviction. The clerk of the court in which the conviction occurred shall notify each agency to which the original conviction was reported that all penalties and disabilities
have been discharged and that the defendant's record has been expunged.
- The conviction may be used as a conviction if it would be admissible pursuant to section 13-703 or 13-704 as if it had not been set aside and the conviction may be pleaded and
proved as a prior conviction in any subsequent prosecution of the defendant.
- The conviction is deemed to be a conviction for the purposes of sections 28-3304, 28-3305, 28-3306 and 28-3320.
- The defendant shall comply with sections 13-3821 and 13-3822.
- A defendant who is placed on probation pursuant to this section is deemed to be on adult probation.
- If a defendant is placed on probation pursuant to this section, the court as a condition of probation may order the defendant to participate in services that are available to the juvenile court.
- The court may order that a defendant who is placed on probation pursuant to this section be incarcerated in a county jail at whatever time or intervals, consecutive or nonconsecutive,
that the court determines. The incarceration shall not extend beyond the period of court ordered probation, and the length of time the defendant actually spends in a county jail shall not exceed one year.
- In addition to the provisions of this section, the court may apply any of the provisions of section 13-901.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal
laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the
Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
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