Amendment SA4-SSA1-AB130

LRBa1796/1

GMM:skg:jlb

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 4, To SENATE SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 130

September 21, 1995 - Offered by Senator Burke.

AB130-SSA1-SA4,1,1 At the locations indicated, amend the substitute amendment as follows:

AB130-SSA1-SA4,1,2 1. Page 225, line 10: after that line insert:

AB130-SSA1-SA4,1,5 "(6) Communication to a jury. In jury trials under this chapter, the guardian ad litem or the court may tell the jury that the guardian ad litem represents the interests of the person for whom the guardian ad litem was appointed.".

AB130-SSA1-SA4,1,6 2. Page 230, line 14: after "court" insert "or jury".

AB130-SSA1-SA4,1,7 3. Page 230, line 18: after that line insert:

AB130-SSA1-SA4,1,12 "(g) The right to a jury trial if the juvenile is 14 years of age or over and is alleged to have committed a violation that would be a Class A felony if committed by an adult or if the juvenile is 10 years of age or over and is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05.".

AB130-SSA1-SA4,2,5 4. Page 259, line 25: before the period insert: ", except that, if the juvenile is 14 years of age or over and is alleged to have committed a violation that would be a Class A felony if committed by an adult or if the juvenile is 10 years of age or over and is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05, the court shall inform the juvenile that a request for a jury trial must be made before the end of the plea hearing or be waived".

AB130-SSA1-SA4,2,6 5. Page 260, line 2: after "for a" insert "jury trial or".

AB130-SSA1-SA4,2,9 6. Page 265, line 23: before the period insert: "unless the juvenile has requested a jury trial under s. 938.30 (2). Sections 972.03 and 972.04 shall govern the selection of jurors in cases in which the juvenile has requested a jury trial".

AB130-SSA1-SA4,2,10 7. Page 266, line 1: after "court" insert "or jury".

AB130-SSA1-SA4,2,11 8. Page 266, line 3: after "or the court" insert "or jury".

AB130-SSA1-SA4,2,17 9. Page 266, line 7: after "938.13" insert: ", except that, in cases alleging that a juvenile 14 years of age or over has committed a violation that would be a Class A felony if committed by an adult or that a juvenile 10 years of age or over has attempted or committed a violation of s. 940.01 or has committed a violation of s. 940.02 or 940.05, the court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of the petition".

AB130-SSA1-SA4,2,18 10. Page 268, line 16: delete that line and substitute:

AB130-SSA1-SA4,2,19 "938.317 Jeopardy. Jeopardy attaches:

AB130-SSA1-SA4,2,20 (1) In a trial to the court, when a witness is sworn.

AB130-SSA1-SA4,2,21 (2) In a jury trial, when the jury selection is completed and the jury is sworn.".

AB130-SSA1-SA4,2,22 (End)