CHAPTER 314

An Act to amend and reenact § 16.1-176, as amended, of the Code of
Virginia, relating to offenses committed by juveniles. 3 200
[ ]

Approved March 15, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-176, as amended, of the Code of Virginia, 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 pro-
ceedings 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 con-
finement in the penitentiary and is subsequently charged with committing
a felony, the Commonwealth’s attorney of the city or county, if he deems
it 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 after final adjudication 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 peni-
tentiary 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 * may, unless such in-
formation 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 cir-
cumstances surrounding the violation of the law which is the cause of his
being before the court. Such investigation need not include an examination
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 an investigation and report has been
made * by the juvenile court and the results thereof certified to a court of
record, the latter need not order such investigation.