CHAPTER 350

An Act to amend and reenact § 68-878.1 of the Code of Virginia, relating
to offenses committed by juveniles in the custody of the Department
of Welfare and Institutions. OF 107]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. That § 68-373.1 of the Code of Virginia be amended and reenacted
as follows:

__§ 68-378.1. (1) Whenever a juvenile, fourteen years of age or over,
while in the custody of the State Department of Welfare and Institutions
to which he has been committed * , commits an offense bringing such
juvenile within the purview of the juvenile court law, the Director of the
Department of Welfare and Institutions may, in his discretion proceed
against such child for the offense in the juvenile court having jurisdic-
tion. And if it shall then be determined that such juvenile should be dealt
with as an adult, it shall be done in accordance with §§ 16-172.42 and
16-172.43 of the Code of Virginia. . .

(2) If a juvenile sixteen years of age or over, who is an inmate of any
of the institutions provided for in this chapter, while upon the grounds
or properties of any such institution, commits any act which, if com-
mitted by an adult, would be a crime, the Circuit Court of the City of
Richmond is hereby given jurisdiction to try such juvenile and, if found
guilty, may sentence such juvenile to confinement at the Southampton
State Farm, if a male, or the State Industrial Farm for Women, if a fe-
male, for any period of time prescribed by law for confinement as the
penalty for the commission of such offense. . .

(8) However, no hearing or trial in any juvenile court under this sec-
tion shall be had unless a parent, or an attorney representing the interest
of the child is present in court. If no parent or attorney is present to
represent the child, the judge shall then appoint a discreet and competent
attorney at law to represent the interests of the child. All juveniles tried
in the Circuit Court of the City of Richmond under paragraph (2) hereof
shall be represented by counsel.

Whenever a juvenile, fourteen years of age or over, who has been
committed to the custody of the State Department of Welfare and Institu-
tions escapes two or more times from such custody and is found guilty of
such escapes by a court having jurisdiction to hear the same, such escapes
may in the discretion of said court be considered as a misdemeanor and
such juvenile may be found guilty of a misdemeanor and punished accord-
ingly ; if such juvenile is sixteen years of age or older, he may be proceeded
against under paragraph (2) hereof.