5122-S AMS HOLY S1874.3
SSB 5122 - S AMD TO S AMD (S-1625.1/21) 370
By Senator Holy
NOT ADOPTED 03/04/2021
On page 4, line 19, after "age of" strike "((eight)) 13" and insert "eight"
On page 4, line 20, after "crime." insert "Children age eight through 12 who are charged with any class C felony, any gross misdemeanors, or any misdemeanors are considered incapable of committing a crime."
On page 4, beginning on line 21, after "with" strike "murder in the first or second degree" and insert "any class A felony or any class B felony"
On page 4, beginning on line 23, after "be" strike "((removed by proof)) rebutted by clear and convincing evidence" and insert "removed by proof"
EFFECT: Children under the age of 8 are incapable of committing a crime. Children 8 through 12 years old who are charged with any class C felony, gross misdemeanors, or misdemeanors are considered incapable of committing a crime. Children age 8 through 12 who are charged with any class A felony or any class B felony are presumed to be incapable of committing crime but the presumption of being incapable of committing a crime can be removed by proof.
--- END ---