(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. |