Current through 2023-2024 Legislative Session Chapter 709
Section 15-11-566 - Dismissal order upon transfer to superior court(a) If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency for the offense or offenses being transferred, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order: (1) That the court had jurisdiction of the cause and the parties;(2) That the child subject to transfer was represented by an attorney; and(3) That the hearing was held in the presence of the child subject to transfer and his or her attorney.(b) The dismissal order shall also recount the reasons underlying the decision to transfer jurisdiction.(c) A dismissal of the petition alleging delinquency terminates the jurisdiction of the juvenile court over such child as to those offenses which are transferred. If the petition alleging delinquency alleges multiple offenses that constitute a single criminal transaction, the court shall either retain or transfer all offenses relating to a single criminal transaction.(d) Once juvenile court jurisdiction is terminated, the superior court shall retain jurisdiction even though, thereafter, a child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child.(e) A copy of the petition alleging delinquency and order of dismissal shall be sent to the district attorney of the judicial circuit in which the proceeding is taking place.(f) If the court decides not to transfer a child for trial in superior court, it shall set a date for an adjudication hearing in juvenile court on the petition alleging delinquency.Amended by 2014 Ga. Laws 635,§ 1-42, eff. 4/28/2014.Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.