§ 15-11-30.2 - Transfer to another court for prosecution; grounds and prerequisites; termination of juvenile court jurisdiction; admissibility of child's statements in criminal proceedings; excepted - Georgia Statutes

O.C.G.A. 15-11-30.2 (2010)
15-11-30.2. Transfer to another court for prosecution; grounds and prerequisites; termination of juvenile court jurisdiction; admissibility of child's statements in criminal proceedings; excepted proceedings

(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 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.

(b) 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 shall 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 the child's 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 the child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16; and

(4) The child was at least 14 years of age at the time of the alleged conduct described in paragraph (3) of this subsection.

(c) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition.

(d) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section.

(e) Statements made by the child at any hearing under this article are not admissible against the child over objection in the criminal proceedings following the transfer.

(f) This Code section shall not apply to any proceeding within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28.