05 LC 29
1595
House
Bill 181
By:
Representatives Morgan of the
39th,
Stephenson of the
92nd,
Gardner of the
57th,
Watson of the
91st,
and Mosby of the
90th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating
to jurisdiction of juvenile court, so as to change provisions relating to
superior court transfering certain cases under certain circumstances; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-11-28 of the Official Code of Georgia Annotated, relating to
jurisdiction of juvenile court, is amended by striking subparagraph (b)(2)(B)
and inserting in lieu thereof the following:
"(B)
After indictment, the superior court may
upon motion of
the court or either party, after
investigation
and a
hearing, and for extraordinary cause
transfer any case involving a child 13 to 17 years of age alleged to have
committed any offense enumerated in subparagraph (A) of this paragraph
which is
not punishable by loss of life, imprisonment for life without possibility of
parole, or confinement for life in a penal
institution. Any such transfer shall be
appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a
transfer by the superior court, jurisdiction shall vest in the juvenile court
and jurisdiction of the superior court shall terminate. Any case transferred by
the superior court to the juvenile court pursuant to this subparagraph shall be
subject to the designated felony provisions of Code Section 15-11-63 and the
transfer of the case from superior court to juvenile court shall constitute
notice to the child that such case is subject to the designated felony
provisions of Code Section
15-11-63."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.