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Committee reviews H.2: bill would raise minimum delinquency age from 10 to 12
Summary
Legislative counsel walked the House Judiciary Committee through House Bill H.2, which would raise the minimum age for bringing delinquency proceedings in family court from 10 to 12, and make a conforming change for the exception that currently allows younger prosecutions for murder
Legislative counsel Eric Fitzpatrick walked the House Judiciary Committee through House Bill H.2, which would raise the minimum age for delinquency proceedings in family (juvenile) court from 10 to 12 years old.
Fitzpatrick explained the practical effect: under current law a 10‑ or 11‑year‑old who commits many non‑listed offenses (for example, theft or burglary that does not fall within the “big 14” category) may be subject to juvenile delinquency proceedings in the family division. H.2 would treat 10‑ and 11‑year‑olds the same as younger children who are now outside juvenile court jurisdiction for delinquency charges — meaning those acts could be relevant to a CHINS (child in need of services) proceeding or other protective intervention, but would not form the basis for juvenile delinquency prosecution in family court.
Fitzpatrick also noted a conforming change in the bill: an existing statute allows juvenile prosecution of very serious offenses (for example, murder) for children under the statutory minimum; H.2 would raise the age in that exception to match the new 12‑year threshold, for consistency.
Committee members asked whether the judiciary or DCF can provide counts of affected children. Fitzpatrick said that those counts were not immediately available from legislative counsel and are likely held by DCF or trial court operations. Committee members discussed the bill’s provenance: it was recommended by a disparities advisory panel and is intended to align with the broader legislative conversation about age thresholds in juvenile and criminal court. Fitzpatrick reminded the committee that the change is permissive — cases “may be brought” in the family division for certain offenses under the broader statutory scheme; it does not remove discretion about charging in individual cases.
Lawmakers signaled they expect testimony for and against H.2 at upcoming hearings and that advocates, prosecutors and defense counsel will appear. Fitzpatrick and staff will provide copies of related charts and background materials to help members prepare.
