CHAPTER 599

An Act to amend and reenact § 16-172.42 as amended of the Code of
Virginia, relating to transfer of cases involving certain children to
certain courts.

[H 741]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 16-172.42 as amended of the Code of Virginia be amended
and reenacted as follows:

§ 16-172.42. If a child fourteen years of age or over is charged
with an offense which, if committed by an adult, could be punishable by
confinement in the penitentiary the court after full investigation and
hearing may, in its discretion, retain jurisdiction or certify such child
for proper criminal proceedings to the appropriate court of record hav-
ing criminal jurisdiction of such offenses if committed by an adult; pro-
vided, however, that in the event the juvenile court does not so certify
a child fourteen years of age or over, charged with an offense which, if
committed by an adult, would be punishable by death or confinement in
the penitentiary for life or a period of twenty years or more, the Com-
monwealth’s attorney of the city or county, if he deems it to the public
interest, may present the case to the grand jury of the proper court of
record. If the grand jury returns a true bill upon such indictment the
jurisdiction of the juvenile court as to such case shall terminate. If a
child fourteen years of age or over is charged with an offense, whitch,
if committed by an adult, could be punishable by confinement in the
penitentiary and such child is a fugitive from justice, then the juvenile
and domestic relations court may nevertheless certify such child for
proper criminal proceedings to the appropriate court as above provided.
In no case shall any child under the age of fourteen be so certified, nor
shall any such child be indicted or tried under the criminal laws of this
State. The ages specified in this section refer to the age of the child
or minor at the time of the alleged commission of the offense. In all
cases under this section, the court shall require a full and complete inves-
tigation of the physical, mental and social condition and personality of
the child or minor and the facts and circumstances surrounding the viola-
tion of the law which is the cause of his being before the court.