North Carolina Governor Roy Cooper vetoed a bill aimed at ensuring more young people accused of serious crimes be automatically tried in adult court, rolling back the “Raise the Age” provisions that took effect in late 2019. The bill, which had bipartisan support, would have adjusted juvenile justice reforms for 16- and 17-year-old defendants, allowing some to remain in juvenile proceedings rather than automatically being tried as adults. Critics warned that these changes would prevent some children from getting the treatment they need while making communities less safe.
The bill’s chief advocate, Republican Sen. Danny Britt, argued that the changes were necessary to address the inefficiencies in the legal process that saw young people charged with high-level felonies consistently ending up in adult court. He believed that moving these cases from juvenile to adult court was causing a backlog in prosecutors’ caseloads. The bill is set to return to the General Assembly for a possible veto override, with Democrats and Republicans both supporting the legislation. The General Assembly has a narrow veto-proof majority and has previously overridden all of Governor Cooper’s vetoes.
Under current juvenile justice laws, cases of 16- and 17-year-olds accused of serious felonies must be transferred to adult court after an indictment or a probable cause hearing. Prosecutors have the discretion to try youths accused of lower-grade felonies in juvenile court. The new language in the vetoed bill would have eliminated the transfer requirement for most high-grade felonies, placing these cases in adult court immediately. North Carolina was the last state to automatically prosecute 16- and 17-year-olds as adults until “Raise the Age” was implemented, except for motor vehicle-related crimes.
The bill also included a provision for a new process that would allow a case to be removed from Superior Court to juvenile court, with the adult records deleted, if both the prosecutor and defendant’s attorney agree. Children aged 13 to 15 accused of first-degree murder would still be automatically transferred to adult court. The legislation would have also increased penalties for adults who solicit minors to commit crimes, particularly aimed at holding gangs accountable for enticing children to commit violent acts. Governor Cooper expressed concerns that the bill limited the options for handling violent crimes committed by teenagers, stating that some cases may be more effectively and appropriately handled in juvenile court.
Republican Sen. Danny Britt, who shepherded the bill, reiterated his support for the “Raise the Age” legislation but believed the changes were necessary to streamline the legal process. He argued that most violent crimes, even those committed by teenagers, should be handled in adult court. The vetoed bill aimed to address the issue of cases involving high-level felonies ending up in adult court despite initial proceedings in juvenile court. The bill’s supporters believed that these changes would improve efficiency in the courts while holding adults accountable for soliciting minors to commit crimes. The vetoed bill is now subject to a possible veto override by the General Assembly.
