Section 12-15-33

Transfer of cases to juvenile court from other courts; transferprovisions inapplicable to certain offenders.

(a) If it shall be ascertained during the pendency of a criminalor quasi-criminal charge that the defendant was a child, as defined in thischapter, at the time of the alleged offense, that court, which shall havethe duty to ascertain such age, shall forthwith transfer the case, togetherwith all the papers, documents, and transcripts of any testimony connectedtherewith, to the juvenile court. The transferring court shall order thatthe juvenile be taken forthwith to the place of detention designated by thejuvenile court or to the juvenile court itself or shall release the juvenileto the custody of the parent or guardian or other person legally responsiblefor the juvenile or under the juvenile's own recognizance, to be brought beforethe court at a time designated by it. The accusatory pleading may serve in lieu of a petitionin the juvenile court, unless that court directs the filing of a petition.The juvenile court shall then proceed as provided in this chapter. All actiontaken by the court prior to transfer of the case shall be deemed null andvoid unless the juvenile court transfers under Section 12-15-34.

(b) The provisions of subsection (a) of this section requiringtransfer of cases involving a child to the juvenile court shall not applyto a child who has been previously transferred for criminal prosecution andconvicted or adjudicated a youthful offender on the criminal charge pursuantto Section 12-15-34 or a child 16 years of age or older charged with a trafficoffense other than driving under the influence of alcohol or controlled substancesin violation of Section 32-5A-191 or a municipal ordinance prohibiting thesame conduct.

(Acts 1975, No. 1205, p. 2384, §5-112; Acts 1988, No. 88-226,p. 353, §2; Acts 1990, No. 90-674, p. 1304, §6; Acts 1993, No. 93-256,p. 367, §1.)