GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	2 

HOUSE BILL 28*
Committee Substitute Favorable 2/18/94

Short Title:  Try Certain Juveniles as Adults. 	(Public)
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Sponsors:
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Referred to:  Judiciary III.
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE TRANSFER OF JURISDICTION OF CERTAIN JUVENILES TO SUPERIOR COURT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-608 reads as rewritten:
"§ 7A-608.  Transfer of jurisdiction of juvenile to superior court.
	(a)	Discretionary Transfer. – The court after notice, hearing, and a finding of probable cause may transfer jurisdiction over a juvenile to superior court if either of the following conditions is met:
(1)	The alleged offense would be a felony if committed by an adult and the juvenile was 14 years of age or older at the time the juvenile allegedly committed the offense.
(2)	The alleged offense would be a violent felony, as defined by subsection (c), if committed by an adult and the juvenile was 13 years of age but not yet 14 years of age at the time the juvenile allegedly committed the offense.
(b)	Mandatory Transfer. – If the alleged felony would be a violent felony, as defined in subsection (c), if committed by an adult, the juvenile was 14 years of age or older at the time the juvenile allegedly committed the felony, and the court finds probable cause, the court shall transfer the case to the superior court for trial as in the case of adults.
(c)	Violent Felony Defined. – For the purpose of this section, a violent felony is any of the following felonies:
(1)	First-degree murder, G.S. 14-17.
(2)	First-degree rape, G.S. 14-27.2.
(3)	First-degree sexual offense by force with a deadly weapon, inflicting serious injury, or aided and abetted by another, G.S. 14-27.4(a)(2).
(4)	Second-degree murder, G.S. 14-17.
(5)	Killing adversary in duel, G.S. 14-20.
(6)	Adulterated or misbranded food, drugs, etc., with intent to cause serious injury or death, G.S. 14-34.4(a).
(7)	Second-degree rape, G.S. 14-27.3.
(8)	Second-degree sexual offense against a mentally defective, mentally incapacitated, or physically helpless person, G.S. 14-27.5(a)(2).
(9)	Malicious castration, G.S. 14-28.
(10)	First-degree kidnapping, G.S. 14-39.
(11)	Assault with deadly weapon with intent to kill inflicting serious injury, G.S. 14-32(a).
(12)	Assault with deadly weapon with intent to kill on handicapped person, G.S. 14-32.1(b) and (d).
(13)	Malicious maiming, G.S. 14-30.
(14)	Malicious damage of occupied property by use of explosive or incendiary, G.S. 14-49.1.
(15)	First-degree burglary, G.S. 14-51.
(16)	First-degree arson, G.S. 14-58.
(17)	Burning of mobile home, manufactured-type house, or recreational trailer home, G.S. 14-58.2.
(18)	Breaking out of a dwelling house burglary, G.S. 14-53.
(19)	Robbery with firearms or other dangerous weapons, G.S. 14-87, but only if a firearm is used.
(20)	Malicious injury to another by explosive or incendiary device, G.S. 14-49(a).
(21)	Burglary with explosives, G.S. 14-57.
(22)	Malicious throwing of corrosive acid or alkali, G.S. 14-30.1.
(23)	Assault with a deadly weapon inflicting serious injury, G.S. 14-32(b), but only if a firearm is used.
(24)	Assault with a deadly weapon with intent to kill, G.S. 14-32(c), but only if a firearm is used.
(25)	Discharging certain barrelled weapons or a firearm into occupied property, G.S. 14-34.1."
Sec. 2.  G.S. 7A-609(a) reads as rewritten:
"(a)	The court shall conduct a hearing to determine probable cause in all felony cases as provided in G.S. 7A-608. Counsel for the juvenile may waive in writing the right to the hearing and stipulate to a finding of probable cause. The court may exclude the public from the hearing unless the juvenile moves that the hearing be open, which motion shall be granted."
Sec. 3.  G.S. 7A-610(a) reads as rewritten:
"(a)	If probable cause is found and transfer to superior court is not required by G.S. 7A-608, the prosecutor or the juvenile may move that the case be transferred to the superior court for trial as in the case of adults.  The judge shall determine whether the needs of the juvenile or the best interest of the State will be served by transfer of the case to superior court for trial as in the case of adults. When the case is transferred to superior court, the superior court has jurisdiction over that felony, any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony."
Sec. 4.  G.S. 7A-601(3) reads as rewritten:
"(3)	If a juvenile 13 years of age or older is found to have committed a delinquent act that would be a felony if committed by an adult, all records resulting from a nontestimonial order may be retained in the court file. Special precautions shall be taken to ensure that these records will be maintained in such a manner and under such safeguards as to limit their use to inspection for comparison purposes by law-enforcement officers only in the investigation of a crime."
Sec. 5.  This act becomes effective May 1, 1994, and applies to offenses committed on or after that date.