CHAPTER 641

An Act to amend and reenact § 16.1-176 of the Code of Virginia, which
was enacted in Chapter 587 of the Acts of Assembly of 1956, relating

to presentment of certain children to grand juries.
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Be it enacted by the General Assembly of Virginia:

1. That § 16.1-176 of the Code of Virginia, which was enacted in Chapter
587 of the Acts of Assembly of 1956, be amended and reenacted as follows:

§ 16.1-176. (a) 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 an investigation as pre-
scribed in paragraph (b) of this section, and hearing thereon may, in its
discretion, retain Jurisdiction or certify such child for proper criminal
proceedings to the appropriate court of record having criminal jurisdiction
of such offenses if committed by an adult; provided, 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 Commonwealth’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, and provided further that if a
child fourteen years of age or older who has previously been adjudged to
come within the purview of the juvenile and domestic relations court law
for committing an offense indicating a viciousness of character, or an
offense which, if committed by an adult, could be punishable by confine-
ment in the penitentiary and is subsequently charged with committing a
felony, the Commonwealth’s attorney of the city or county, if he deems
tt to be in the public interest, may, after a preliminary hearing in the
juvenile and domestic relations court, present the case to the grand jury
of the proper court of record. It shall be the duty of the Commonwealth’s
attorney to notify the juvenile and domestic relations court within three
days if he deems action by the court of record necessary. Thereafter, the
decision as to whether or not to present the case to the grand jury shall be
in the sole discretion of the juvenile and domestic relations court. 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, which, 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.

(b) In all cases under this section the court shall, unless such infor-
mation is otherwise available to it from a prior investigation and report to
another court, require an investigation of the physical, mental and social
condition and personality of the child or minor and the facts and circum-
stances surrounding the violation of the law which is the cause of his
being before the court. Such investigation need not include an examina-
tion of the child or minor by a physician or psychiatrist unless the court,
in its discretion, so directs. If the court requiring the investigation is a
juvenile court, such investigation may be made by the agency providing
probation service under § 16.1-205; if the court requiring the investigation
is a court of record, such investigation may be made by the officer provided
for in § 53-243. Provided, however, if the mandatory provisions of this
section have been complied with by the juvenile court and the results
thereof certified to a court of record, the latter need not order such
investigation.