State of Louisiana in the Interest of D.T.
Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE #011
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 3rd day of April, 2020 are as follows:
BY Genovese, J.:
2019-KA-01445 STATE OF LOUISIANA IN THE INTEREST OF D.T. (Parish of Jefferson)
In this case, the State has charged D.T. with aggravated battery committed with a firearm and seeks to divest the juvenile court of jurisdiction and to prosecute D.T. as an adult pursuant to
AFFIRMED AND REMANDED.
Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.
SUPREME COURT OF LOUISIANA
No. 2019-KA-01445
STATE OF LOUISIANA IN THE INTEREST OF D.T.
ON APPEAL FROM THE JUVENILE COURT, PARISH OF JEFFERSON
In this case, the State has charged D.T. with aggravated battery committed with a firearm1 and seeks to divest the juvenile court of jurisdiction and to prosecute D.T. as an adult pursuant to
Relevant Facts and Procedural History
D.T. was arrested after a shooting incident on June 23, 2019, when he was 16 years old. According to police, D.T. retrieved a black semiautomatic weapon during an altercation outside his residence and fired two or three times into a car in which two women and a baby were seated. One woman was shot in the shoulder, and the baby was impacted by flying debris. D.T. surrendered to law enforcement on thе day of the shooting.
At D.T.‘s continued custody hearing on July 9, 2019, the juvenile court judge found probable cause for the charge of aggravated battery committed with a firearm, and the State requested 30 days to determine if D.T. would be prosecuted as an adult pursuant to
After a brief contradictory hearing held on August 5, 2019, the juvenile court grаnted the juvenile‘s motion and declared
The legislature adopted its list of eligible offenses from the very source of its authority[] and drafted article 305 largely as instructed by the Louisianа [C]onstitution, taking Section 10 as a whole for guidance on permissible exceptions to the otherwise-mandated juvenile procedures. The legislature, however, then overstepped its bounds when it added “aggravated battery committed with a firearm” as subsection (j), an offense that is neither anticipated by the Louisiana Constitution as an exception to juvenile procedures, nor an extant violation in the Louisiana Criminal Code.
The State now appeals.
Law and Analysis
Under Louisiana law, “Statutes are presumed to be valid, and the constitutionality of a statute should be upheld wherever possible.” State v. Bazile, 12-2243, p. 15 (La. 5/7/13), 144 So.3d 719, 732 (quoting State v. Griffin, 495 So.2d 1306, 1308 (La. 1986) (citations omitted)). When a statute is challenged as being unconstitutional on its face, as is the case here, the moving party bears an especially heavy burden to establish that there is no other interpretation or circumstance under which the law would be constitutional. LaPointe v. Vermilion Par. Sch. Bd., 15-0432, p. 10 (La. 6/30/15), 173 So.3d 1152, 1160. This Cоurt reviews lower court judgments regarding the constitutionality of statutes de novo, without deference to the lower courts, because such cases present questions of law. State v. Eberhardt, 13-2306, 14-0209, p. 5 (La. 7/1/14), 145 So.3d 377, 381. In order to properly challenge the constitutionality of a statute, “First, a party must raise the unconstitutionality in the trial court; second, the unconstitutionality of a statute must be specifically pleaded; and third, the grounds outlining the basis of unconstitutionality must be particularized.” State v. Hatton, 07-2377, p. 14 (La. 7/1/08), 985 So.2d 709, 719 (citing Vallo v. Gayle Oil Co., Inc., 94-1238, p. 8 (La. 11/30/94), 646 So.2d 859, 864-65). Here, we find that the issue of constitutionality has been properly raised, pleaded, and particularized.
The relevant constitutional provision in this case is
The determination of guilt or innocence, the detention, and the custody of a person who is alleged to have committed a crime prior to his seventeenth birthday shall be pursuant to special juvenile procedures which shall be provided by law. However, the legislature may (1) by a two-thirds vote of the elected members of each house provide that special juvenile procedures shall not apply to juveniles arrested for having committed first or second degree murder, manslaughter, aggravated rape, armed robbery, aggravated burglary, aggravated kidnapping, attempted first degree murder, attempted second degree murder, forcible rape, simple rape, second degree kidnapping,
a second or subsequent aggravated battery, a second or subsequent aggravated burglary, a second or subsequent offense of burglary of an inhabited dwelling, or a second or subsequent felony-grade violation of Part X or X-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, involving the manufacture, distribution, or possession with intent to distribute controllеd dangerous substances, and (2) by a two-thirds vote of the elected members of each house lower the maximum ages of persons to whom juvenile procedures shall apply, and (3) by a two-thirds vote of the elected members of each house establish a procedure by which the court of original jurisdiction may waive special juvenile procedures in order that adult procedures shall apply in individual casеs. The legislature, by a majority of the elected members of each house, shall make special provisions for detention and custody of juveniles who are subject to the jurisdiction of the district court pending determination of guilt or innocence.
This provision contains three distinct sections authorizing the legislature, with a two-thirds vote of each house, to: (1) exclude from special juvenile procedures those juvеniles who are charged with having committed certain enumerated crimes; (2) lower the maximum age of persons to whom special juvenile procedures apply; and, (3) establish a procedure by which the juvenile court may waive special juvenile procedures in order that adult procedures shall apply in individual cases. State v. Hamilton, 96-0107, p. 2 (La. 7/2/96), 676 So.2d 1081, 1082; State v. Leach, 425 So.2d 1232, 1233-34 (La. 1983).
In its brief, the State first argues that the legislature‘s authority to define the jurisdiction of the juvenile court is not circumscribed by the Louisiana Constitution. Emphasizing that
For example, in Hamilton, 676 So.2d at 1082 (emphasis added), this Court noted:
The Louisiana Constitution provides that juveniles are generally entitled to the protections of special juvenile procedures.
La. Const. Art. V, § 19 . However, the constitution specifically authorizes the legislature to exclude juveniles arrested for certain enumerated offenses from the jurisdiction of the juvenile courts.
The authority to transfer any juvenile matter to the district court stems from
La. Const. art. V, § 19 , which allows the legislature to except certain enumerated crimes from otherwise required “special juvenile procedures,” including a “second or subsequent aggravated battery.” (Emphasis added.) However, the defendant was not charged with a second or subsequent aggravated battery.4
Indeed, in a case decided just three years after the original version of
The term ‘procedures’ as used in [
La. Const. art. V, § 19 ] clearly comprehends the whole system for dealing with juvenile law-breakers. Therefore, the provision authorizing the legislature to establish a procedure by which the court of original jurisdiction (juvenile court) may ‘waive such special juvenile procedures in order that adult procedures would apply in individual cases’ addresses itself to the transfer of jurisdiction and not an alternative set of rules for pleading and practiсe.
State v. Everfield, 342 So.2d 648, 652 (La. 1977) (emphasis added).
Having found that
Art. 305. Divestiture of juvenile court jurisdiction; original criminal court jurisdiction over children
A. (1) When a child is fifteen years of age or older at the time of the commission of first degree murder, second degree murder, aggravated or first degree rape, or aggravated kidnapping, he is subject to the exclusive jurisdiction of the juvenile court until either:
(a) An indictment charging one of these offenses is returned.
(b) The juvenile court holds a continued custody hearing pursuant to Articles 819 and 820 and finds probable cause that he committed one of these offenses, whichever occurs first. During this hearing, when the child is charged with aggravated or first degree rape, the court shall inform him that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
(2) Thereafter, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review of bail applications, and the court exercising criminal jurisdiction may order that the child bе transferred to the appropriate adult facility for detention prior to his trial as an adult.
B. (1) When a child is fifteen years of age or older at the time of the commission of any of the offenses listed in Subparagraph (2) of this Paragraph, he is subject to the exclusive jurisdiction of the juvenile court until whichever of the following occurs first: (a) An indictment charging one of the offenses listed in Subparagraph (2) of this Paragraph is returned.
(b) The juvenile court holds a continued custody hearing and finds probable cause that the child has committed any of the offenses listed in Subparagraph (2) of this Paragraph and a bill of information charging any of the offenses listed in Subparagraph (2) of this Paragraph is filed. During this hearing, when the child is charged with forcible or second degree rape or second degree kidnapping, the court shall inform him that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
(2)(a) Attempted first degree murder.
(b) Attempted second degree murder.
(c) Manslaughter.
(d) Armed robbery.
(e) Aggravated burglary.
(f) Forcible or second degree rape.
(g) Simple or third degree rape.
(h) Second degree kidnapping.
(i) Repealed by Acts 2001, No. 301, § 2.
(j) Aggravated battery committed with a firearm.
(k) A second or subsequent aggravated battery.
(l) A second or subsequent aggravated burglary.
(m) A second or subsequent offense of burglary of an inhabited dwelling.
(n) A second or subsequent felony-grade violation of Part X or X-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950 involving the manufacture, distribution, or possession with intent to distribute controlled dangerous substances.
(3) The district attorney shall have the discretion tо file a petition alleging any of the offenses listed in Subparagraph (2) of this Paragraph in the juvenile court or, alternatively, to obtain an indictment or file a bill of information. If the child is being held in detention, the district attorney shall make his election and file the indictment, bill of information, or petition in the appropriate court within thirty calendar days after the child‘s arrest, unless the child waives this right.
In an attempt to overcome this deficiеncy, the State asserts that
Likewise, we find the State‘s interpretation of Subsections (2) and (3) of
The Legislature could have provided for adult treatment for juveniles charged with perpetrating any one or more of the seven enumerated crimes, and as well, could have provided for adult treatment for all juveniles of any given age less than seventeen (say, fourteen) charged with all crimes, including the seven enumerated in the constitutional provision.
By adding aggravated battery committed with a firearm to the list of crimes eligible for transfer, the State argues the legislature effectively reduced the age of guaranteed juvenile court treatment for juveniles charged with that offense. However, we find that neither Leach, nor Lacour, nor any other case, provides authority for the State‘s contention that the legislature may lower the age for adult treatment for juveniles
To the contrary, we agree with D.T. and the juvenile court that the legislative and jurisprudential histories of
Accordingly, we find that the legislature overstepped its authority in enacting
AFFIRMED AND REMANDED.
Notes
(1) When a child is fifteen years of age or older at the time of the commission of any of the offenses listed in Subparagraph (2) of this Paragraph, he is subject to the exclusive jurisdiction of the juvenile court until whichever of the following occurs first:
(a) An indictment charging one of the offenses listed in Subparagraph (2) of this Paragraph is returned.
(b) The juvenile court holds a continued custody hearing and finds probable cause that the child has committed any of the offenses listed in Subparagraph (2) of this Paragraph and a bill of information charging any of the offenses listed in Subparagraph (2) of this Paragraph is filed. During this hearing, when the child is charged with forcible or second degree rape or second degree kidnapping, the court shall inform him that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
...
(2)(j) Aggravated battery committed with a firearm.