05 LC 29
1815S
The
House Committee on Judiciary Non-civil offers the following substitute to
HB
325:
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 transferring 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
after
investigation,
upon motion of the court or either party, conduct a
hearing and
may
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.
Notice of the
hearing, including the date, time, place, and purpose of the hearing, shall be
given in writing to the child and the
child́s
parents, guardian, or other custodian, at least three days before the hearing.
In considering a motion to transfer, the court shall consider the interests of
the child and the community; the
child́s
prior involvement in juvenile proceedings; the
child́s
age; the
child́s
psychological and physical health; and the particular circumstances of the
alleged act. The court in its discretion shall determine if transfer is
proper. Any such transfer shall be
appealable by the State of Georgia pursuant to Code Section 5-7-1.
After
indictment, upon consent of or stipulation by the parties, the superior court
shall 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. 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.