After a petition has been filed alleging delinquency based on conduct that is designated a crime, present law authorizes the court, before hearing the petition on the merits, to transfer the child to the county sheriff to be held according to law and to be dealt with as an adult in the criminal court of competent jurisdiction. Present law specifies that the disposition of the child must be as if the child were an adult under certain circumstances; provided, certain procedures are followed.
One circumstance under which the disposition of the child must be as if the child were an adult is if the child was 14 years of age or more but less than 17 years of age at the time of the alleged conduct and charged with the offense of first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses. This bill instead requires that the disposition of the child be as if the child were an adult when the child was 16 years of age or more but less than 18 years of age at the time of the alleged conduct and charged with any such offense.
Prior to transferring a child to criminal court, present law requires the court to conduct a probable cause hearing during which the court must consider seven specific factors to determine whether there is probable cause to believe that:
(1) The child committed the delinquent act as alleged;
(2) The child is not committable to an institution for the developmentally disabled or mentally ill; and
(3) The interests of the community require that the child be put under legal restraint or discipline.
When a court conducts a probable cause hearing under this bill concerning a child who is charged with one of the offenses listed above, the court will not be required to consider the seven specific factors listed in present law or make the determination described in (3). This bill provides a process for appeals of probable cause determinations, which will be conducted by criminal courts.

Statutes affected:
Introduced: 37-1-134(a), 37-1-134, 37-1-134(a)(1)(A)(ii), 37-1-134(c)