CHAPTER 537

An Act to amend and reenact § 16-172.41 and §§ 16-172.42 and 16-172.48,
as amended, of the Code of Virginia, and to amend the Code of Virginia
by adding a new section numbered 1 6-172.42:1, all relating to the

transfer of cases involving a child or minor. a
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CH. 537] ACTS OF ASSEMBLY 167

Be it enacted by the General Assembly of Virginia:

1. That § 16-172.41 and §§ 16-172.42 and 16-172.43, as amended, of the
Code of Virginia be amended and reenacted, and that the Code of Virginia
be amended by adding thereto a new section numbered 16-172.42:1, the
amended and new sections being as follows:

§ 16-172.41. If during the pendency of a criminal or quasi-criminal
proceeding against any person in any other court it shall be ascertained
that the person was under the age of eighteen years at the time of com-
mitting the alleged offense, such court shall forthwith transfer the case,
together with all papers, documents and evidence connected therewith,
to the juvenile court of the city or county having jurisdiction, provided
if such is pending in a court of record, the judge thereof, in his discretion
upon completion of an investigation as prescribed in § 16-172.42(b), may
continue with the trial thereof. The court making the transfer shall order
the child or minor to be taken forthwith to the place of detention, desig-
nated by the juvenile court or by the transferring court, or release on
bail or otherwise the child or minor to the custody of some suitable person
to be brought before the juvenile court at the time designated.

§ 16-172.42. (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-
seribed 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 jurisdic-
tion 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. 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 informa-
tion 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
circumstances surrounding the violation of the law which is the cause of
his being before the court. Such investigation need not include an exam-
ination of the child or minor by a physician or psychiatrist unless the
court, in its discretion, so directs. If the court requiring the investigation
ts a juvenile court, such investigation may be made by the agency pro-
viding probation service under § 16-172.71; if the court requiring the
investigation is a court of record, such investigation may be made by
the officer provided for in § 58-248. 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.
§ 16-172.42:1. In the hearing and disposition of cases properly before
a court having general criminal jurisdiction the court may sentence or
commit the juvenile offender in accordance with the criminal laws of this
State or may in its discretion deal with the juvenile in the manner pre-
scribed in this law for the hearing and disposition of cases in the juvenile
court.

§ 16-172.48. If the court deems that any child or minor before it
who is fourteen years of age or over cannot be adequately controlled or
induced to lead a correct life by use of the various disciplinary and cor-
rective measures available to the court, then the court may, in such cases,
in lieu of trial of such child or minor under this law send or transfer
such juvenile to the appropriate court having jurisdiction for trial by the
court as if he were an adult.