Proposed Juvenile Law could change cases similar to Ooltewah Rape Scandal

CHATTANOOGA, TN (WDEF) – A proposed law in Tennessee would change how long the juvenile court system would have control over those charged with crimes.

House Bill 2500, introduced by Mark White, (R-Memphis), and Senate bill 2613, introduced by Mark Norris, (R-Collierville), raises the juvenile age from 19-years-old to 25.

“Juvenile Court has jurisdiction over them until their 19TH birthday,” said HC Bright, the Assistant District Attorney for Hamilton County. “What that means is that anybody handled as a juvenile delinquent, whatever the court does with them, the court’s power vanishes on their 19th birthday.”

For the case to proceed past one’s 19th birthday, it has to be transferred to adult court or the juvenile is found guilty without punishment. If a juvenile is out on bond and does not show up to their next hearing — trying to out-wait their 19th birthday to avoid sentencing — they can still be held accountable.

“If some event were to happen, for example, they were to escape and runaway, or they were to commit some new offense, then I believe, legally, I could come back and ask for a transfer again because the individual circumstances have changed.”

In the Ooltewah case, rehabilitation, counseling, and probation are the likely outcomes with time already served since the accused is only 10-months away from his 19th birthday. Under the proposed bill, if passed, he could have stayed locked up for six years.

“Whether it would go up to 25, 21, or 24, and that would allow somebody as a juvenile where the system would have a lot more time to rehabilitate them,” said defense attorney Jeff Stern, who represents the eldest high school senior in the rape scandal.

HB 2500 was assigned to the Justice Committee in January, and according to Senator Norris’ office, the bill is not likely to make it to the floor this year.