State lawmakers pass bill aimed at trying more teens in adult court; now headed to governor

RALEIGH, N.C. -- State lawmakers passed a bill that would automatically transfer young offenders out of juvenile court jurisdiction into adult court.

The House voted 71-33 to accept changes made last month by the Republican-controlled Senate - with the support of a lobbying group representing elected local prosecutors - to what is known as the "Raise the Age" law.

House Bill 834 modifies who the state considers a delinquent juvenile.

It would exclude 16 and 17-year-olds who are accused of committing certain felony crimes and these teens would be automatically tried as an adults.

These crimes could include more serious cases like murder or assault with a deadly weapon to larceny and possession of stolen property.

Under current law, criminal cases for children start in juvenile court.

For teens 16 and 17 years old high-level felony cases are only moved to adult court following an indictment.

These measures were put in place under "Raise the Age" legislation implemented in 2019.

Opponents of the proposed bill say this legislation rolls back some of the juvenile justice reforms put in place.

According to the National Conference of State Legislators, this year every state has considered making changes to legislation impacting juvenile justice.

The language now heading to Democratic Gov. Roy Cooper's desk would end the transfer requirement for most of these high-grade felonies and simply place the cases of these youths in adult court right away.

Bill supporters have argued the changes aren't rolling back "Raise the Age," but are merely adjustments to reflect practical realities of the criminal justice system - juvenile-court cases for district attorneys are growing, and putting them in adult court to begin with will ease their loads.

But advocates for civil rights and the disabled said last month in committee that the changes are dismantling "Raise the Age" provisions and ultimately harm youthful offenders. Young people in the juvenile system can receive better access to youth-focused treatments before they return to their communities.

Durham County Democratic Rep. Marcia Morey, a former juvenile court judge, urged colleagues not to accept the Senate's provisions. Morey said these young offenders should be treated uniformly based on their age, and not specifically on crimes.

"The system is working the way it should now," Morey said. "Rolling back 'Raise the Age' with this bill by inventing a fiction of what a juvenile is based on a crime and not the age is the wrong way to go." Two other former judges in the House also spoke against the Senate provisions.

The House member shepherding the bill, GOP Rep. Ted Davis of New Hanover County, didn't directly address the voices of opposition on the floor but said several groups and lawmakers were involved in crafting the language.

Cooper's office didn't immediately respond Wednesday to an email seeking comment on the bill heading to his desk. The governor can either sign the bill into law or veto it within 10 days of its receipt. Otherwise it becomes law.

The bill also creates a new process whereby a case can be removed from Superior Court to juvenile court - with the adult records deleted - if the prosecutor and the defendant's attorney agree to do so.

North Carolina had been the last state in which 16- and 17-year-olds were automatically prosecuted as adults when "Raise the Age" was implemented. These youths are still being tried in adult court for motor vehicle-related crimes.

Children ages 13 through 15 who are accused of first-degree murder still must be automatically transferred to juvenile court upon an indictment or hearing that finds probable cause.