HB 515 - Juvenile proceedings; transfer cert cases from superior court

Georgia House of Representatives - 1995/1996 Sessions

HB 515 - Juvenile proceedings; transfer cert cases from superior court

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House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/31/95 Read 1st Time 2/1/95 Read 2nd Time ---------------------------------------- Code Sections amended: 15-11-5
HB 515 LC 10 1092 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 15-11-5 of the Official Code of 1- 2 Georgia Annotated, relating to the jurisdiction of the 1- 3 juvenile court, so as to change the provisions relating to 1- 4 the transfer of cases involving a child 13 to 17 years of 1- 5 age who is alleged to have committed any of certain offenses 1- 6 from the superior court to the juvenile court; to provide 1- 7 that after indictment the superior court shall be required 1- 8 to transfer to the juvenile court certain cases involving a 1- 9 child 13 to 17 years of age who is alleged to have committed 1-10 any of certain offenses; to provide that before indictment 1-11 the district attorney may decline to prosecute in the 1-12 superior court certain cases involving a child 13 to 17 1-13 years of age who is alleged to have committed any of certain 1-14 offenses and lodge such cases in the appropriate juvenile 1-15 court; to provide that at the first appearance before a 1-16 judge of a child alleged to have committed any of certain 1-17 offenses and at subsequent proceedings before the superior 1-18 court, such child shall have the right to counsel; to repeal 1-19 conflicting laws; and for other purposes. 1-20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-21 Code Section 15-11-5 of the Official Code of Georgia 1-22 Annotated, relating to the jurisdiction of the juvenile 1-23 court, is amended by striking in its entirety paragraph (2) 1-24 of subsection (b) and inserting in lieu thereof a new 1-25 paragraph (2) to read as follows: 1-26 "(2)(A) The superior court shall have exclusive 1-27 jurisdiction over any matter concerning any child 13 1-28 to 17 years of age who is alleged to have committed 1-29 any of the following offenses: 1-30 (i) Murder; 1-31 (ii) Voluntary manslaughter; 1-32 (iii) Rape; -1- (Index) LC 10 1092 2- 1 (iv) Aggravated sodomy; 2- 2 (v) Aggravated child molestation; 2- 3 (vi) Aggravated sexual battery; or 2- 4 (vii) Armed robbery if committed with a firearm. 2- 5 (B) After indictment, the superior court may after 2- 6 investigation and for extraordinary cause transfer any 2- 7 case involving a child 13 to 17 years of age alleged 2- 8 to have committed any offense enumerated in 2- 9 subparagraph (A) of this paragraph which is not 2-10 punishable by loss of life, imprisonment for life 2-11 without possibility of parole, or confinement for life 2-12 in a penal institution. Any such transfer shall be 2-13 appealable by the State of Georgia pursuant to Code 2-14 Section 5-7-1. Upon such a transfer by the superior 2-15 court, jurisdiction shall vest in the juvenile court 2-16 and jurisdiction of the superior court shall 2-17 terminate. Any case transferred by the superior court 2-18 to the juvenile court pursuant to this subparagraph 2-19 shall be subject to the designated felony provisions 2-20 of Code Section 15-11-37 and the transfer of the case 2-21 from superior court to juvenile court shall constitute 2-22 notice to the child that such case is subject to the 2-23 designated felony provisions of Code Section 15-11-37. 2-24 shall transfer to the juvenile court any case 2-25 involving a child 13 to 17 years of age alleged to 2-26 have committed any offense enumerated in subparagraph 2-27 (A) of this paragraph if the court in its discretion 2-28 determines that: 2-29 (i) The child is committable to an institution for 2-30 the mentally retarded or mentally ill; or 2-31 (ii) The child is amenable to treatment or 2-32 rehabilitation by the juvenile court and the 2-33 interests of the child and the community require the 2-34 transfer to the juvenile court. 2-35 (C) Before indictment, the district attorney may, 2-36 after investigation and for extraordinary cause, 2-37 decline prosecution in the superior court of a child 2-38 13 to 17 years of age alleged to have committed an 2-39 offense specified in subparagraph (A) of this 2-40 paragraph. decline prosecution in the superior court 2-41 of a child 13 to 17 years of age alleged to have 2-42 committed an offense specified in subparagraph (A) of -2- (Index) LC 10 1092 3- 1 this paragraph if the district attorney in the 3- 2 district attorney's discretion determines that: 3- 3 (i) The child is committable to an institution for 3- 4 the mentally retarded or mentally ill; or 3- 5 (ii) The child is amenable to treatment or 3- 6 rehabilitation by the juvenile court and the 3- 7 interests of the child and the community require the 3- 8 transfer to the juvenile court. 3- 9 Upon declining such prosecution in the superior court, 3-10 the district attorney shall immediately withdraw the 3-11 case and lodge it in the appropriate juvenile court 3-12 for adjudication. Any case transferred by the 3-13 district attorney to the juvenile court pursuant to 3-14 this subparagraph shall be subject to the designated 3-15 felony provisions of Code Section 15-11-37 and the 3-16 transfer of the case from superior court to juvenile 3-17 court shall constitute notice to the child that such 3-18 case is subject to the designated felony provisions of 3-19 Code Section 15-11-37. 3-20 (D) The superior court may transfer any case involving 3-21 a child 13 to 17 years of age alleged to have 3-22 committed any offense enumerated in subparagraph (A) 3-23 of this paragraph and convicted of a lesser included 3-24 offense not included in subparagraph (A) of this 3-25 paragraph to the juvenile court of the county of the 3-26 child's residence for disposition. Upon such a 3-27 transfer by the superior court, jurisdiction shall 3-28 vest in the juvenile court and jurisdiction of the 3-29 superior court shall terminate. 3-30 (E) At the first appearance before a judge of a child 3-31 subject to this paragraph and at all subsequent 3-32 proceedings before the superior court, the child shall 3-33 have the right to counsel as described in Code Section 3-34 15-11-30." SECTION 2. 3-35 All laws and parts of laws in conflict with this Act are 3-36 repealed. -3- (Index)

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