GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 28*

Short Title:  Trans. Juv. to Sup. Ct./Hearing/Records.   	(Public)
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Sponsors: Senators Perdue; Albertson, Parnell, Hoyle, Forrester, Allran, Walker, Marshall, Harris, Johnson, Gunter, Plyler, Odom, Edwards, Speed, Kaplan, Lee, Albertson, Daniel, Sands, Seymour, Ward, Tally, and Cochrane.
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Referred to:  Juveniles/Prevention.
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February 9, 1994

A BILL TO BE ENTITLED
AN ACT TO TRANSFER JURISDICTION OF CERTAIN JUVENILES TO SUPERIOR COURT, PROVIDE FOR A PROBABLE CAUSE HEARING, AND RETAIN RECORDS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-608 reads as rewritten:
"(a)	The court after notice, hearing, and a finding of probable cause may transfer jurisdiction over a juvenile to superior court if the juvenile was 14 years of age or older at the time the juvenile allegedly committed an offense that would be a felony if committed by an adult. If the alleged felony constitutes a Class A, B, C, D, or E 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. 
(b)	The court after notice, hearing, and a finding of probable cause may transfer jurisdiction over a juvenile to superior court for trial as in the case of an adult if the juvenile was 13 years of age but not yet 14 years of age at the time the juvenile allegedly committed an offense that would be a Class A, B, C, D, or E felony if committed by an adult."
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.