The Senate on Friday overwhelmingly approved an amendment to its omnibus crime bill, sponsored by Sen. Carol Moseley-Braun (D-Ill.), to treat 13-year-olds as adults if they commit a serious crime with a gun.
The Senate approved the amendment 64-23, rejecting arguments that children that young should be rehabilitated, not prosecuted as adults. Among the influential senators opposing the amendment was Joseph Biden (D-Del.), chairman of the Judiciary Committee and manager of the bill.
Moseley-Braun, who had made the issue paramount in her legislative agenda, successfully argued that young children are often being used as pawns by older juvenile criminals because the youngsters currently face few penalties for even serious or violent crimes.
“If you have someone who has committed murder at 13, rape at 14, and a drive-by shooting at 15, they should not be able to wipe the slate clean,” Moseley-Braun said.
The amendment provides for expungement of the record once the juvenile reaches 18 and can show evidence of rehabilitation, but the record will be compiled up to age 18. “Right now, there’s no slate at all,” Moseley-Braun said.
She acknowledged that most such crimes are violations of state law, but said she was hopeful states would follow the federal lead.
The federal crimes for which 13-year-olds could be prosecuted as adults under the amendment are murder, attempted murder, armed robbery with a gun, aggravated assault with a gun and aggravated sexual assault with a gun.
In addition, the provision says that no juvenile under age 16 shall be sent to an adult prison and that after three years of incarceration, a young juvenile may be released if he or she is deemed to have been rehabilitated.
Illinois’ other senator, Democrat Paul Simon, was among those supporting the measure.
The Senate is in the midst of considering an omnibus crime bill and is in a mood to get tough. On Thursday, the Senate more than doubled the size of President Clinton’s crime bill to $22.3 billion over five years, making it the biggest crime package ever to come before the Senate.
The House this week passed separate crime legislation that is not as expensive as the Senate’s bill and that does not include the Moseley-Braun juvenile provision. Assuming the Senate passes the overall crime bill, which is expected next week, the differences will have to be ironed out in a House-Senate conference committee.
Moseley-Braun has several other amendments she hopes to attach to the crime bill next week, including authorizing $125 million annually to make sure that incarcerated young people get an education equal to that given in local high schools. Along with the juvenile sentencing provision, she calls this a “carrot-and-stick” approach.
She initially targeted 12-year-olds for adult treatment but raised the age to 13 because that’s the age when most children start junior high school.
