| HB 268 - Juvenile court jurisdiction; expand to all persons under 18 |
First Reader Summary
A BILL to amend Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to juvenile proceedings and parental
rights, so as to expand the jurisdiction of the juvenile court to
all persons under the age of 18; to conform provisions relating
to juveniles to such expansion of jurisdiction; and for other
purposes.
| House |
Action |
Senate |
| 1/27/99 |
Read 1st Time |
|
| 1/28/99 |
Read 2nd Time |
|
HB 268 LC 24 1227
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 11 of Title 15 of the Official Code of
1- 2 Georgia Annotated, relating to juvenile proceedings and
1- 3 parental rights, so as to expand the jurisdiction of the
1- 4 juvenile court to all persons under the age of 18; to
1- 5 conform provisions relating to juveniles to such expansion
1- 6 of jurisdiction; to repeal conflicting laws; and for other
1- 7 purposes.
1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 9 SECTION 1.
1-10 Chapter 11 of Title 15 of the Official Code of Georgia
1-11 Annotated, relating to juvenile proceedings and parental
1-12 rights, is amended by striking in its entirety paragraph (2)
1-13 of Code Section 15-11-2, relating to definitions relative to
1-14 juvenile proceedings, and inserting in its place the
1-15 following:
1-16 "(2) 'Child' means any individual who is:
1-17 (A) Under the age of 17 18 years; or
1-18 (B) Under the age of 21 years, who committed an act of
1-19 delinquency before reaching the age of 17 18 years,
1-20 and who has been placed under the supervision of the
1-21 court or on probation to the court; or. (C) Under the age of 18 years, if alleged to be a
1-23 'deprived child' as defined by this article."
1-24 SECTION 2.
1-25 Said chapter is further amended by striking in their
1-26 entirety subsections (b) and (d) of Code Section 15-11-5,
1-27 relating to jurisdiction of the juvenile court, and
1-28 inserting in their places the following:
1-29 "(b) Criminal jurisdiction.
1-30 (1) Except as provided in paragraph (2) of this
1-31 subsection, the court shall have concurrent jurisdiction
-1-
2- 1 with the superior court over a child who is alleged to
2- 2 have committed a delinquent act which would be
2- 3 considered a crime if tried in a superior court and for
2- 4 which the child may be punished by loss of life,
2- 5 imprisonment for life without possibility of parole, or
2- 6 confinement for life in a penal institution.
2- 7 (2)(A) The superior court shall have exclusive
2- 8 jurisdiction over the trial of any child 13 to 17 18
2- 9 years of age who is alleged to have committed any of
2-10 the following offenses:
2-11 (i) Murder;
2-12 (ii) Voluntary manslaughter;
2-13 (iii) Rape;
2-14 (iv) Aggravated sodomy;
2-15 (v) Aggravated child molestation;
2-16 (vi) Aggravated sexual battery; or
2-17 (vii) Armed robbery if committed with a firearm.
2-18 (A.1) The granting of bail or pretrial release of a
2-19 juvenile charged with an offense enumerated in
2-20 subparagraph (A) of this paragraph shall be governed
2-21 by the provisions of Code Section 17-6-1.
2-22 (B) After indictment, the superior court may after
2-23 investigation and for extraordinary cause transfer any
2-24 case involving a child 13 to 17 18 years of age
2-25 alleged to have committed any offense enumerated in
2-26 subparagraph (A) of this paragraph which is not
2-27 punishable by loss of life, imprisonment for life
2-28 without possibility of parole, or confinement for life
2-29 in a penal institution. Any such transfer shall be
2-30 appealable by the State of Georgia pursuant to Code
2-31 Section 5-7-1. Upon such a transfer by the superior
2-32 court, jurisdiction shall vest in the juvenile court
2-33 and jurisdiction of the superior court shall
2-34 terminate. Any case transferred by the superior court
2-35 to the juvenile court pursuant to this subparagraph
2-36 shall be subject to the designated felony provisions
2-37 of Code Section 15-11-37 and the transfer of the case
2-38 from superior court to juvenile court shall constitute
2-39 notice to the child that such case is subject to the
2-40 designated felony provisions of Code Section 15-11-37.
-2-
3- 1 (C) Before indictment, the district attorney may,
3- 2 after investigation and for extraordinary cause,
3- 3 decline prosecution in the superior court of a child
3- 4 13 to 17 18 years of age alleged to have committed an
3- 5 offense specified in subparagraph (A) of this
3- 6 paragraph. Upon declining such prosecution in the
3- 7 superior court, the district attorney shall
3- 8 immediately withdraw the case and lodge it in the
3- 9 appropriate juvenile court for adjudication. Any case
3-10 transferred by the district attorney to the juvenile
3-11 court pursuant to this subparagraph shall be subject
3-12 to the designated felony provisions of Code Section
3-13 15-11-37 and the transfer of the case from superior
3-14 court to juvenile court shall constitute notice to the
3-15 child that such case is subject to the designated
3-16 felony provisions of Code Section 15-11-37.
3-17 (D) The superior court may transfer any case involving
3-18 a child 13 to 17 18 years of age alleged to have
3-19 committed any offense enumerated in subparagraph (A)
3-20 of this paragraph and convicted of a lesser included
3-21 offense not included in subparagraph (A) of this
3-22 paragraph to the juvenile court of the county of the
3-23 child's residence for disposition. Upon such a
3-24 transfer by the superior court, jurisdiction shall
3-25 vest in the juvenile court and jurisdiction of the
3-26 superior court shall terminate.
3-27 (E) Within 30 days of any proceeding in which a child
3-28 13 to 17 18 years of age is convicted of certain
3-29 offenses over which the superior court has exclusive
3-30 jurisdiction as provided in subparagraph (A) of this
3-31 paragraph or adjudicated delinquent on the basis of
3-32 conduct which if committed by an adult would
3-33 constitute such offenses, the superior court shall
3-34 provide written notice to the school superintendent or
3-35 his or her designee of the school in which such child
3-36 is enrolled or, if the information is known, of the
3-37 school in which such child plans to be enrolled at a
3-38 future date. Such notice shall include the specific
3-39 criminal offense that such child committed. A local
3-40 school system to which the student is assigned may
3-41 request further information from the court's file."
3-42 "(d) Age limit for new actions. The juvenile court shall
3-43 not have jurisdiction to initiate any new action against
3-44 an individual for acts committed after he or she has
-3-
4- 1 reached the age of 17 18 years. This subsection does not
4- 2 affect the court's jurisdiction to enter extension orders
4- 3 pursuant to Code Section 15-11-41."
4- 4 SECTION 3.
4- 5 Said chapter is further amended by striking in its entirety
4- 6 subsection (a) of Code Section 15-11-5.1, relating to
4- 7 commitment of certain children to the custody of the
4- 8 Department of Corrections, and inserting in its place the
4- 9 following:
4-10 "(a) A child 13 to 17 18 years of age convicted of any
4-11 offense enumerated in subparagraph (b)(2)(A) of Code
4-12 Section 15-11-5 shall be committed to the custody of the
4-13 Department of Corrections; provided, however, that any
4-14 juvenile in the custody of the Department of Corrections
4-15 shall be housed in a designated youth confinement unit
4-16 until reaching the age of 17 18 notwithstanding that such
4-17 juvenile was tried and convicted as an adult in superior
4-18 court. Any designated youth confinement unit in which a
4-19 juvenile is housed shall be designed to ensure that
4-20 juveniles are at all times housed separately from any
4-21 adult offender incarcerated in the facility in which such
4-22 youth confinement unit is located and shall be designed to
4-23 facilitate rehabilitation of such juveniles, which shall
4-24 mean that a youth confinement unit shall be of a
4-25 nondormitory design whenever possible and whenever such
4-26 facilities become available and staffed by personnel who
4-27 have received specialized training in the field of
4-28 juvenile justice. All designated youth confinement units
4-29 shall provide to youths 13 to 17 18 years of age who have
4-30 been sentenced to such units as a result of a conviction
4-31 in superior court as an adult of an offense enumerated in
4-32 subparagraph (b)(2)(A) of Code Section 15-11-5 life skills
4-33 training, academic or vocational training, and substance
4-34 abuse and violence prevention counseling to the extent
4-35 that appropriations are available for such activities."
4-36 SECTION 4.
4-37 Said chapter is further amended by striking in its entirety
4-38 subsection (d) of Code Section 15-11-20, relating to the
4-39 place and record of detention, capital offenders, and
4-40 deprived children, and inserting in its place the following:
4-41 "(d) Notification of court by official of jail. The
4-42 official in charge of a jail or other facility for the
4-43 detention of adult offenders or persons charged with crime
-4-
5- 1 shall immediately inform the juvenile court or a duly
5- 2 authorized officer of the juvenile court if a person who
5- 3 is or appears to be under the age of 17 18 years is
5- 4 received at the facility and shall bring him or her before
5- 5 the court upon request or deliver him or her to a
5- 6 detention or shelter care facility designated by the
5- 7 court; provided, however, the official in charge of a jail
5- 8 or other facility for the detention of adult offenders or
5- 9 persons charged with a crime shall immediately inform the
5-10 court in which the case is pending or a duly authorized
5-11 officer of such court if a person who is or appears to be
5-12 13 to 17 18 years of age and who is alleged to have
5-13 committed any offense enumerated in subparagraph (b)(2)(A)
5-14 of Code Section 15-11-5 is received at the facility and
5-15 shall bring him or her before the court upon request or
5-16 deliver him or her to a detention facility designated by
5-17 the court. Such child shall not be held in the jail, but
5-18 may be held in a temporary holding area outside of the
5-19 jail constructed as such for not longer than six hours
5-20 pending transfer to the detention facility. For purposes
5-21 of this Code section, the term 'jail' shall include not
5-22 only the cells, but any other secured area of the jail
5-23 adjacent to the cells in which adult offenders are held or
5-24 through which they are transported."
5-25 SECTION 5.
5-26 Said chapter is further amended by striking in its entirety
5-27 paragraph (2) of subsection (a) of Code Section 15-11-37,
5-28 relating to designated felony acts, and inserting in its
5-29 place the following:
5-30 "(2) 'Designated felony act' means an act which:
5-31 (A) Constitutes a second or subsequent offense under
5-32 subsection (b) of Code Section 16-11-132 if committed
5-33 by a person 13 to 17 18 years of age;
5-34 (B) If done by an adult, would be one or more of the
5-35 following crimes:
5-36 (i) Kidnapping or arson in the first degree, if done
5-37 by a juvenile 13 or more years of age;
5-38 (ii) Aggravated assault, arson in the second degree,
5-39 aggravated battery, robbery, armed robbery not
5-40 involving a firearm, or battery in violation of Code
5-41 Section 16-5-23.1 if the victim is a teacher or
-5-
6- 1 other school personnel, if done by a juvenile 13 or
6- 2 more years of age;
6- 3 (iii) Attempted murder or attempted kidnapping, if
6- 4 done by a juvenile 13 or more years of age;
6- 5 (iv) The carrying or possession of a weapon in
6- 6 violation of subsection (b) of Code Section
6- 7 16-11-127.1;
6- 8 (v) Hijacking a motor vehicle, if done by a juvenile
6- 9 13 or more years of age;
6-10 (vi) Any violation of Code Section 16-7-82, 16-7-84,
6-11 or 16-7-86 if done by a juvenile 13 or more years of
6-12 age;
6-13 (vii) Any other act which, if done by an adult,
6-14 would be a felony, if the juvenile committing the
6-15 act has three times previously been adjudicated
6-16 delinquent for acts which, if done by an adult,
6-17 would have been felonies;
6-18 (viii) Any violation of Code Section 16-13-31,
6-19 relating to trafficking in cocaine, illegal drugs,
6-20 marijuana, or methamphetamine;
6-21 (ix) Any criminal violation of Code Section 16-14-4,
6-22 relating to racketeering; or
6-23 (x) Any violation of Code Section 16-10-52, relating
6-24 to escape, if the juvenile involved in the
6-25 commission of such act has been previously
6-26 adjudicated to have committed a designated felony;
6-27 (C) Constitutes a second or subsequent adjudication of
6-28 delinquency based upon a violation of Code Section
6-29 16-7-85 or 16-7-87;
6-30 (C.1) Constitutes any violation of Code Section
6-31 16-15-4 relating to criminal street gangs;
6-32 (D) Constitutes an offense within the exclusive
6-33 jurisdiction of the superior court pursuant to
6-34 subparagraph (b)(2)(A) of Code Section 15-11-5 which
6-35 is transferred by the superior court to the juvenile
6-36 court for adjudication pursuant to subparagraph
6-37 (b)(2)(B) of Code Section 15-11-5 or which is
6-38 transferred by the district attorney to the juvenile
6-39 court for adjudication pursuant to subparagraph
6-40 (b)(2)(C) of Code Section 15-11-5; or
-6-
7- 1 (E) Constitutes a second or subsequent violation of
7- 2 Code Sections 16-8-2 through 16-8-9, relating to
7- 3 theft, if the property which was the subject of the
7- 4 theft was a motor vehicle."
7- 5 SECTION 6.
7- 6 Said chapter is further amended by striking in its entirety
7- 7 subsection (d) of Code Section 15-11-39, relating to
7- 8 transfer to another court for prosecution, and inserting in
7- 9 its place the following:
7-10 "(d) No child, either before or after reaching 17 18 years
7-11 of age, shall be prosecuted for an offense previously
7-12 committed unless the case has been transferred as provided
7-13 in this Code section."
7-14 SECTION 7.
7-15 Said chapter is further amended by striking in its entirety
7-16 subsection (a) of Code Section 15-11-49, relating to
7-17 juvenile traffic offenses, and inserting in its place the
7-18 following:
7-19 "(a) Definition. Except as provided in subsection (c) of
7-20 this Code section, a juvenile traffic offense consists of
7-21 a violation by a person under the age of 17 18 of:
7-22 (1) A law or local ordinance governing the operation of
7-23 a moving motor vehicle upon the streets or highways of
7-24 this state or upon the waterways within or adjoining
7-25 this state; or
7-26 (2) Any other motor vehicle traffic law or local
7-27 ordinance if the child is taken into custody and
7-28 detained for its violation or is transferred to the
7-29 juvenile court by the court hearing the charge."
7-30 SECTION 8.
7-31 Said chapter is further amended by striking in its entirety
7-32 subsection (a) of Code Section 15-11-65, relating to the
7-33 juvenile court as a court of inquiry and court of record,
7-34 records, and warrants, and inserting in its place the
7-35 following:
7-36 "(a) Court of inquiry. The juvenile court shall have
7-37 jurisdiction to act as a court of inquiry with all the
7-38 powers and rights allowed courts of inquiry in this state
7-39 and to examine or investigate into the circumstances or
7-40 causes of any conduct or acts of any person 17 18 years of
-7-
8- 1 age or over that may be in violation of the laws of this
8- 2 state whenever the person is brought before the court in
8- 3 the course of any proceeding instituted under this
8- 4 article. The court shall cause the person to be
8- 5 apprehended and brought before it upon either a writ of
8- 6 summons, a warrant duly issued, or by arrest. Where,
8- 7 after hearing evidence, the court has reasonably
8- 8 ascertained that there is probable cause to believe that
8- 9 the person has committed a misdemeanor or felony as
8-10 prescribed under the laws of this state, the court shall
8-11 commit, bind over to the court of proper jurisdiction in
8-12 this state, or discharge the person. When justice shall
8-13 require, the court shall cause the person to make the bond
8-14 or bail as the court shall deem proper under the
8-15 circumstances, to cause the person to appear before the
8-16 court of proper jurisdiction in this state to be acted
8-17 upon as provided by law."
8-18 SECTION 9.
8-19 All laws and parts of laws in conflict with this Act are
8-20 repealed.
-8-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
