A. If it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense charged was alleged to have been committed and the offense charged is a delinquent act pursuant to the provisions of the Delinquency Act, the tribunal shall promptly transfer jurisdiction of the matter and the defendant to the court together with a copy of the accusatory pleading and other papers, documents and transcripts of testimony relating to the case. The tribunal shall not transfer a serious youthful offender.

B. Upon transfer the court shall have exclusive jurisdiction over the proceedings and the defendant. The transferring tribunal shall order that the defendant promptly be taken to the court, or taken to a place of detention designated by the court, or released to the custody of a parent, guardian, custodian or other person legally responsible for the defendant to be brought before the court at a time designated by the court. Upon transfer to the court a petition shall be prepared and filed in the court in accordance with the provisions of the Delinquency Act. If the defendant is not a child at the time of transfer the court retains jurisdiction over the matter only until disposition is made by the court.

History: 1978 Comp., § 32A-2-6, enacted by Laws 1993, ch. 77, § 35.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-11 NMSA 1978 have been included in the annotations to this section.

Intent of section. — The legislature in enacting former Sections 32-1-11 and 32-1-30 NMSA 1978 intended to create a mechanism which would allow both the children's court and the district court to exercise full subject matter jurisdiction in criminal matters. State v. Garcia, 1979-NMSC-049, 93 N.M. 51, 596 P.2d 264 (decided under prior law).

Section requires district court to send matter to children's court if defendant was not adult when the offense charged allegedly was committed. State v. Doe, 1980-NMCA-147, 95 N.M. 88, 619 P.2d 192.

Remand from state district court to children's court. — On habeas corpus petitions by state prisoners, the federal courts are concerned only with basic constitutional questions, and whether a juvenile under New Mexico law is entitled to a remand from the state district court to the juvenile (now children's) court because of defects in the waiver of jurisdiction presents a procedural question ordinarily to be determined by the New Mexico courts. Salazar v. Rodriguez, 371 F.2d 726 (10th Cir. 1967).

Traffic offenses not deemed delinquent acts. — It appears that municipal and magistrate courts can exercise jurisdiction over children for traffic offenses which are not designated delinquent acts under the Children's Code. 1972 Op. Att'y Gen. No. 72-34.

Extradition of juveniles from another state. 1973 Op. Att'y Gen. No. 73-14. (now Section 32A-10-1 NMSA 1978.)

Am. Jur. 2d, A.L.R. and C.J.S. references. — Jurisdiction of another court over child as affected by assumption of jurisdiction by juvenile court, 11 A.L.R. 147, 78 A.L.R. 317, 146 A.L.R. 1153.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

Juvenile's guilty or no contest plea in adult court as waiver of defects in transfer or certification proceedings, 74 A.L.R.5th 453.