| HB 1279 - Juveniles 13 to 17; jurisdiction and commitment; amend provisions |
First Reader Summary
A BILL to amend Article 1 of Chapter 11 of Title 15 of the
Official Code of Georgia Annotated, relating to juvenile
proceedings, so as to repeal the provision granting the superior
court exclusive jurisdiction over the trial of a child 13 to 17
years of age alleged to have committed certain enumerated
offenses; to change a provision relating to the commitment of a
child 13 to 17 years of age to the custody of the Department of
Corrections; and for other purposes.
Code Sections -
15-11-5
HB 1279 LC 19 4501
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 1 of Chapter 11 of Title 15 of the Official
1- 2 Code of Georgia Annotated, relating to juvenile proceedings,
1- 3 so as to repeal the provision granting the superior court
1- 4 exclusive jurisdiction over the trial of a child 13 to 17
1- 5 years of age alleged to have committed certain enumerated
1- 6 offenses; to change a provision relating to the commitment
1- 7 of a child 13 to 17 years of age to the custody of the
1- 8 Department of Corrections; to provide for related matters;
1- 9 to repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-11 SECTION 1.
1-12 Article 1 of Chapter 11 of Title 15 of the Official Code of
1-13 Georgia Annotated, relating to juvenile proceedings, is
1-14 amended by striking in its entirety Code Section 15-11-5,
1-15 relating to the jurisdiction of the juvenile court, and
1-16 inserting in lieu thereof the following:
1-17 "15-11-5.
1-18 (a) Exclusive original jurisdiction. Except as provided in
1-19 subsection (b) of this Code section, the court shall have
1-20 exclusive original jurisdiction over juvenile matters and
1-21 shall be the sole court for initiating action:
1-22 (1) Concerning any child:
1-23 (A) Who is alleged to be delinquent;
1-24 (B) Who is alleged to be unruly;
1-25 (C) Who is alleged to be deprived;
1-26 (D) Who is alleged to be in need of treatment or
1-27 commitment as a mentally ill or mentally retarded
1-28 child;
1-29 (E) Who is alleged to have committed a juvenile
1-30 traffic offense as defined in Code Section 15-11-49;
1-31 or
-1-
2- 1 (F) Who has been placed under the supervision of the
2- 2 court or on probation to the court; provided, however,
2- 3 that such jurisdiction shall be for the sole purpose
2- 4 of completing, effectuating, and enforcing such
2- 5 supervision or a probation begun prior to the
2- 6 individual's seventeenth birthday; or
2- 7 (2) Involving any proceedings:
2- 8 (A) For obtaining judicial consent to the marriage,
2- 9 employment, or enlistment in the armed services of any
2-10 person if such consent is required by law;
2-11 (B) Under the Interstate Compact on Juveniles, or any
2-12 comparable law, if enacted or adopted in this state;
2-13 (C) For the termination of the legal parent-child
2-14 relationship and the rights of the biological father
2-15 who is not the legal father of the child, other than
2-16 that in connection with adoption proceedings under
2-17 Chapter 8 of Title 19, in which the superior courts
2-18 shall have concurrent jurisdiction to terminate the
2-19 legal parent-child relationship and the rights of the
2-20 biological father who is not the legal father of the
2-21 child; or
2-22 (D) Under Article 3 of this chapter, relating to prior
2-23 notice to a parent or guardian relative to an
2-24 unemancipated minor's decision to seek an abortion.
2-25 (b) Criminal jurisdiction.
2-26 (1) Except as provided in paragraph (2) of this
2-27 subsection, the The court shall have concurrent
2-28 jurisdiction with the superior court over a child who is
2-29 alleged to have committed a delinquent act which would
2-30 be considered a crime if tried in a superior court and
2-31 for which the child may be punished by loss of life,
2-32 imprisonment for life without possibility of parole, or
2-33 confinement for life in a penal institution. (2)(A) The superior court shall have exclusive
2-35 jurisdiction over the trial of any child 13 to 17
2-36 years of age who is alleged to have committed any of
2-37 the following offenses: (i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (A.1) The granting of bail or pretrial release of a
3- 6 juvenile charged with an offense enumerated in
3- 7 subparagraph (A) of this paragraph shall be governed
3- 8 by the provisions of Code Section 17-6-1. (B) After indictment, the superior court may after
3-10 investigation and for extraordinary cause transfer any
3-11 case involving a child 13 to 17 years of age alleged
3-12 to have committed any offense enumerated in
3-13 subparagraph (A) of this paragraph which is not
3-14 punishable by loss of life, imprisonment for life
3-15 without possibility of parole, or confinement for life
3-16 in a penal institution. Any such transfer shall be
3-17 appealable by the State of Georgia pursuant to Code
3-18 Section 5-7-1. Upon such a transfer by the superior
3-19 court, jurisdiction shall vest in the juvenile court
3-20 and jurisdiction of the superior court shall
3-21 terminate. Any case transferred by the superior court
3-22 to the juvenile court pursuant to this subparagraph
3-23 shall be subject to the designated felony provisions
3-24 of Code Section 15-11-37 and the transfer of the case
3-25 from superior court to juvenile court shall constitute
3-26 notice to the child that such case is subject to the
3-27 designated felony provisions of Code Section 15-11-37. (C) Before indictment, the district attorney may,
3-29 after investigation and for extraordinary cause,
3-30 decline prosecution in the superior court of a child
3-31 13 to 17 years of age alleged to have committed an
3-32 offense specified in subparagraph (A) of this
3-33 paragraph. Upon declining such prosecution in the
3-34 superior court, the district attorney shall
3-35 immediately withdraw the case and lodge it in the
3-36 appropriate juvenile court for adjudication. Any case
3-37 transferred by the district attorney to the juvenile
3-38 court pursuant to this subparagraph shall be subject
3-39 to the designated felony provisions of Code Section
3-40 15-11-37 and the transfer of the case from superior
3-41 court to juvenile court shall constitute notice to the
3-42 child that such case is subject to the designated
3-43 felony provisions of Code Section 15-11-37. (D) The superior court may transfer any case involving
4- 2 a child 13 to 17 years of age alleged to have
4- 3 committed any offense enumerated in subparagraph (A)
4- 4 of this paragraph and convicted of a lesser included
4- 5 offense not included in subparagraph (A) of this
4- 6 paragraph to the juvenile court of the county of the
4- 7 child's residence for disposition. Upon such a
4- 8 transfer by the superior court, jurisdiction shall
4- 9 vest in the juvenile court and jurisdiction of the
4-10 superior court shall terminate. (E) Within 30 days of any proceeding in which a child
4-12 13 to 17 years of age is convicted of certain offenses
4-13 over which the superior court has exclusive
4-14 jurisdiction as provided in subparagraph (A) of this
4-15 paragraph or adjudicated delinquent on the basis of
4-16 conduct which if committed by an adult would
4-17 constitute such offenses, the superior court shall
4-18 provide written notice to the school superintendent or
4-19 his or her designee of the school in which such child
4-20 is enrolled or, if the information is known, of the
4-21 school in which such child plans to be enrolled at a
4-22 future date. Such notice shall include the specific
4-23 criminal offense that such child committed. A local
4-24 school system to which the student is assigned may
4-25 request further information from the court's file.
4-26 (c) Concurrent custody and support jurisdiction. Where
4-27 custody is the subject of controversy, except in those
4-28 cases where the law gives the superior courts exclusive
4-29 jurisdiction, in the consideration of these cases the
4-30 juvenile court shall have concurrent jurisdiction to hear
4-31 and determine the issue of custody and support when the
4-32 issue is transferred by proper order of the superior
4-33 court.
4-34 (d) Age limit for new actions. The juvenile court shall
4-35 not have jurisdiction to initiate any new action against
4-36 an individual for acts committed after he or she has
4-37 reached the age of 17 years. This subsection does not
4-38 affect the court's jurisdiction to enter extension orders
4-39 pursuant to Code Section 15-11-41.
4-40 (e) Concurrent jurisdiction as to legitimation petitions.
4-41 (1) The juvenile court shall have concurrent
4-42 jurisdiction to hear any legitimation petition
-4-
5- 1 transferred to the juvenile court by proper order of the
5- 2 superior court.
5- 3 (2) The juvenile court shall have jurisdiction to hear
5- 4 any legitimation petition filed pursuant to Code Section
5- 5 19-7-22 as to a child with respect to whom a deprivation
5- 6 proceeding is pending in the juvenile court at the time
5- 7 the legitimation petition is filed.
5- 8 (3) Notwithstanding the provisions of paragraphs (1) and
5- 9 (2) of this subsection, after a petition for
5-10 legitimation is granted, if a demand for a jury trial as
5-11 to support has been properly filed by either parent,
5-12 then the case shall be transferred to superior court for
5-13 such jury trial."
5-14 SECTION 2.
5-15 Said article is further amended by striking subsection (a)
5-16 of Code Section 15-11-5.1, relating to the commitment of a
5-17 child 13 to 17 years of age to the custody of the Department
5-18 of Corrections, and inserting in lieu thereof the following:
5-19 "(a) Any A child 13 to 17 years of age convicted of any
5-20 offense enumerated in subparagraph (b)(2)(A) of Code
5-21 Section 15-11-5 shall be committed to the custody of the
5-22 Department of Corrections; provided, however, that any
5-23 juvenile in the custody of the Department of Corrections
5-24 shall be housed in a designated youth confinement unit
5-25 until reaching the age of 17 notwithstanding that such
5-26 juvenile was tried and convicted as an adult in superior
5-27 court. Any designated youth confinement unit in which a
5-28 juvenile is housed shall be designed to ensure that
5-29 juveniles are at all times housed separately from any
5-30 adult offender incarcerated in the facility in which such
5-31 youth confinement unit is located and shall be designed to
5-32 facilitate rehabilitation of such juveniles, which shall
5-33 mean that a youth confinement unit shall be of a
5-34 nondormitory design whenever possible and whenever such
5-35 facilities become available and staffed by personnel who
5-36 have received specialized training in the field of
5-37 juvenile justice. All designated youth confinement units
5-38 shall provide to youths 13 to 17 years of age who have
5-39 been sentenced to such units as a result of a conviction
5-40 in superior court as an adult of an offense enumerated in
5-41 subparagraph (b)(2)(A) of Code Section 15-11-5 life skills
5-42 training, academic or vocational training, and substance
-5-
6- 1 abuse and violence prevention counseling to the extent
6- 2 that appropriations are available for such activities."
6- 3 SECTION 3.
6- 4 All laws and parts of laws in conflict with this Act are
6- 5 repealed.
-6-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 01/26/00
