P.R. Laws tit. 34, § 2204

2019-02-21 00:00:00+00
§ 2204. Jurisdiction of the court

(1) The court shall have the authority to take cognizance of:

(a) Any case in which a minor is charged with conduct that constitutes an offense incurred before he/she has attained eighteen (18) years of age. Such authority shall be subject to the statute of limitations provided in penal laws for the conduct he/she is charged with.

(b) Any matter concerning minors as provided by a special act, conferring upon it the power to take cognizance in the matter.

(2) The court shall not have the authority to take cognizance of:

(a) Any case in which a minor who has reached the age of fifteen (15) is charged with having committed acts constituting first degree murder as defined in subsection (a) of § 4734 of Title 33.

(b) Any case in which a minor who has reached the age of fifteen (15) is charged with acts constituting a crime arising from the same transaction or event constituting murder in the first degree as defined in subsection (a) of § 4734 of Title 33.

(c) Any case in which a minor is charged with acts constituting a crime when he/she has been previously charged with a felony as an adult.

(3) In all cases contemplated in the previous subsections, the minor shall be tried as an adult.

(4) The Criminal Part of the General Court of Justice shall retain jurisdiction over the minor even when he/she pleads guilty or has been convicted of a crime other than murder as defined in subsection (a) of § 4734 of Title 33. Similarly, it shall retain jurisdiction when the Minors Part of the Superior Court has waived jurisdiction over the minor and in the ordinary process as an adult, the charges against the minor have been vacated or the minor has been found not guilty.

(5) When a judge determines that there is probable cause for a crime other than murder, as defined in subsection (a) of § 4734 of Title 33, this, and any other crime arising from the same transaction shall be transferred to the court exercising its authority under the provisions of this chapter which shall retain and maintain jurisdiction, as provided in sec. 2205 of this title.

History —July 9, 1986, No. 88, p. 276, § 4; June 19, 1987, No. 34, p. 113, § 2; June 29, 1989, No. 14, p. 64, § 2; July 11, 1991, No. 19, § 2; Sept. 16, 2004, No. 334, § 2, eff. May 1, 2005.