Georgia House of Representatives - 1995/1996 Sessions

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

Page Numbers - 1/ 2/ 3

1. Martin  47th           2. Randall  127th          3. Murphy  18th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/31/95  Read 1st Time                                                                
              2/1/95   Read 2nd Time                                                                
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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;



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                                                  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



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                                                  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.








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