HB181.html

Code Section 15_11_30.2 of the Official Code of Georgia Annotated, relating to transfer from the juvenile court to another court for prosecution, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15_11_6, 15_11_7, and 15_11_41;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his or her parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the safety of the community require that the child be placed under legal restraint and the transfer be made; and
(4) The child:
(A) Was at least 15 years of age at the time of the alleged delinquent conduct; or
(B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim."