2010 Georgia Code
TITLE 15 - COURTS
CHAPTER 11 - JUVENILE PROCEEDINGS
ARTICLE 1 - JUVENILE PROCEEDINGS
PART 3 - JURISDICTION AND VENUE
§ 15-11-30.3 - Commission of designated felony act of burglary by child 15 years of age or older; procedure; transfer for prosecution; retransfer to juvenile court
. Commission of designated felony act of burglary by child 15 years of age or older; procedure; transfer for prosecution; retransfer to juvenile court
(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-6
, and 15-11-41
. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and the child's parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try the child. After such a transfer, until and unless a judgment of guilt is entered and sentence pronounced, the child shall be detained only as provided in subsection (a) of Code Section 15-11-48
(d) Upon the transfer of any matter to superior court under this Code section, the district attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-63
shall apply as in other cases.
(e) The provisions of this Code section shall not apply to a smash and grab burglary.
Graham Syfert - Jacksonville Lawyer