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2018 Georgia Code 15-11-560 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-560 Case Law from Google Scholar Amendments to OCGA 15-11-560

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 6 DELINQUENCY

15-11-560. Concurrent and original jurisdiction of superior court.

  1. Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution.
  2. The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
    1. Murder;
    2. Murder in the second degree;
    3. Voluntary manslaughter;
    4. Rape;
    5. Aggravated sodomy;
    6. Aggravated child molestation;
    7. Aggravated sexual battery;
    8. Armed robbery if committed with a firearm;
    9. Aggravated assault if committed with a firearm upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-21; or
    10. Aggravated battery upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-24.
  3. The granting of bail or pretrial release of a child charged with an offense enumerated in subsection (b) of this Code section shall be governed by the provisions of Code Section 17-6-1.
  4. At any time before indictment, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subsection (b) of this Code section. Upon declining such prosecution in the superior court, the district attorney shall cause a petition to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is in detention or 30 days if the child is not in detention. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602.
    1. After indictment, the superior court may after investigation transfer to the juvenile court any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of this Code section. In considering the transfer of such case, the court shall consider the criteria set forth in Code Section 15-11-562. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate.
    2. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the superior court to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602.
  6. The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subsection (b) of this Code section and convicted of a lesser included offense not included in subsection (b) of this Code section to the juvenile court of the county of such child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate.
  7. Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has original jurisdiction as provided in subsection (b) of this Code section or adjudicated as a delinquent child on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. The local school system to which such child is assigned may request further information from the court's file.
  8. As used in this Code section, the term "firearm" means a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(Code 1981, §15-11-560, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 444, § 2-4/HB 271; Ga. L. 2015, p. 540, § 1-12/HB 361; Ga. L. 2017, p. 500, § 2-2/SB 160.)

The 2014 amendment, effective July 1, 2014, in subsection (b), added paragraph (b)(2), and redesignated former paragraphs (b)(2) through (b)(7) as present paragraphs (b)(3) through (b)(8), respectively.

The 2015 amendment, effective May 5, 2015, designated the existing provisions of subsection (e) as paragraphs (e)(1) and (e)(2); and, in paragraph (e)(1), deleted "and for extraordinary cause" following "after investigation" in the first sentence and added the present second sentence.

The 2017 amendment, effective July 1, 2017, in subsection (b), deleted "or" at the end of paragraph (7); substituted a semicolon for a period at the end of paragraph (8); and added paragraphs (9) and (10); substituted "any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of this Code section" for "voluntary manslaughter, aggravated sodomy, aggravated child molestation, or aggravated sexual battery" at the end of the first sentence of paragraph (e)(1); and added subsection (h).

Editor's notes.

- Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"

Law reviews.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B. J. 189 (1969). For article discussing the uneasy sharing of powers and responsibilities between the superior and juvenile courts in their concurrent jurisdiction over juveniles aged 13 to 18 and suggesting reforms, see 23 Mercer L. Rev. 341 (1972). For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For article, "Child Custody - Jurisdiction and Procedure," see 35 Emory L. J. 291 (1986). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 89 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For comment on Stanton v. Stanton, 213 Ga. 545, 100 S.E.2d 289 (1957), holding that parents cannot by contract restrict the discretion of the court in awarding custody and provision regulating the religious upbringing of the child may be entirely disregarded by the court, see 20 Ga. B. J. 546 (1958). For comment on J.W.A. v. State, 233 Ga. 683, 212 S.E.2d 849 (1975), see 27 Mercer L. Rev. 335 (1975). For comment on Parham v. J.R., 442 U.S. 584 (1979) and Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L. J. 517 (1980).

Cases Citing O.C.G.A. § 15-11-560

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Mathenia v. Brumbelow, 843 S.E.2d 582 (Ga. 2020).

Cited 18 times | Published | Supreme Court of Georgia | May 18, 2020 | 308 Ga. 714

...at 380 (3). However, the law has changed since our decision in Brine. OCGA § 15-11-28 was replaced by OCGA § 15-11-10 (3) (D), which became effective on May 5, 2015, before the legitimation petition was filed in this case: Except as provided in Code Section 15-11-560 [concurrent jurisdiction with superior courts in certain juvenile matters involving crimes], the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action ....
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In re Interest of K.S., 814 S.E.2d 324 (Ga. 2018).

Cited 16 times | Published | Supreme Court of Georgia | May 7, 2018

...e final judgments. See, e.g., J.T.M. v. State, 142 Ga. App. 635, 236 S.E.2d 764 (1977) ; OCGA § 15-11-3, as it provided in 2012.1 When the General *326Assembly significantly revised Georgia's Juvenile Code, see Ga. L. 2013, p. 294,2 it enacted OCGA § 15-11-560 et seq., which address, inter alia, the transfer of a case from juvenile to superior court for criminal prosecution....
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State v. Coleman, 306 Ga. 529 (Ga. 2019).

Cited 14 times | Published | Supreme Court of Georgia | Aug 19, 2019

...With these principles in mind, we turn to the statutory text in question. OCGA § 17-7-50.12 provides: (a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-560 or 15-11-561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury....
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State v. Cash, 302 Ga. 587 (Ga. 2017).

Cited 14 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 405

...f a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (7) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to Code Section 15-11-560 or subsection (b) of Code Section 17-7-50.1; (8) From an order, decision, or judgment of a court granting a motion for new trial or an extraordinary motion for new trial; (9) From an order, decision, or judgment denying a motion by...
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In the Interest of K.s., a Child, 303 Ga. 542 (Ga. 2018).

Cited 13 times | Published | Supreme Court of Georgia | May 7, 2018

...the judgment or order of the court shall stand until reversed or modified by the reviewing court. 3 significantly revised Georgia’s Juvenile Code, see Ga. L. 2013, p. 294,2 it enacted OCGA § 15-11-560 et seq., which address, inter alia, the transfer of a case from juvenile to superior court for criminal prosecution....
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State v. Harris, 906 S.E.2d 402 (Ga. 2024).

Cited 5 times | Published | Supreme Court of Georgia | Sep 4, 2024 | 319 Ga. 665

...was indicted by a Fulton County grand jury for voluntary manslaughter,2 aggravated assault with a deadly weapon, and 1 Given the nature of the charges against Harris, the superior court had exclusive jurisdiction over his case pursuant to OCGA § 15-11-560 (b) (1), (3) (“The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses: ....
...With these principles in mind, we turn to the statutory text in question, OCGA § 17-7-50.1. See id. In pertinent part, OCGA § 17-7-50.1 provides: (a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-560 or 15-11-561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury....
...28, 2023 — within 180 days of his detention. See OCGA § 17-7-50.1 (a). And the subsequent indictment of Harris, which was returned by the grand jury on November 16, 2023, included charges over which the superior court retained its exclusive jurisdiction under OCGA § 15-11-560 (b) (1)....
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State v. Baxter, 300 Ga. 268 (Ga. 2016).

Cited 4 times | Published | Supreme Court of Georgia | Nov 21, 2016 | 794 S.E.2d 49

Blackwell, Justice. This case concerns the meaning of OCGA § 17-7-50.1, subsections (a) and (b)1 of which provide as follows: (a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-560 or 15-11-561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury....
...Chapter 11 of Title 15. In February 2014, Jason Dakota Baxter — who then was sixteen years of age — was arrested and charged with aggravated sexual battery, a crime of which the superior court has exclusive original jurisdiction pursuant to OCGA § 15-11-560 (b) (7)....
...See OCGA § 15-1-2; Abushmais v. Erby, 282 Ga. 619, 622 (3) (652 SE2d 549) (2007). To the contrary, the superior court starts out with exclusive original jurisdiction in cases in which a teenaged child is charged with aggravated sexual battery, see OCGA § 15-11-560 (b) (7), and it is divested of that jurisdiction (and must transfer the case to juvenile court) only “[i]f the grand jury does not return a true bill against the detained child within the time limitations set forth in [OCGA § 17-7-50.1 (a)].” OCGA § 17-7-50.1 (b)....
...juvenile court, notwithstanding that the superior court otherwise has exclusive original jurisdiction of the charged offenses. After indictment, the circumstances in which a case can be transferred to juvenile court are more limited. See, e.g., OCGA § 15-11-560 (e) (1), (f)....
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Cooper v. State, 914 S.E.2d 800 (Ga. 2025).

Published | Supreme Court of Georgia | Apr 8, 2025 | 321 Ga. 349

...at 670. Here, it is undisputed that the grand jury returned the original true bill of indictment within 180 days of Appellant’s arrest. And the original indictment charged Appellant with malice murder, a “charge that is within the jurisdiction of the superior court.” Harris, 319 Ga. at 669. See OCGA § 15-11-560 (b) (1) (“The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed ....