A. 1. A child who is charged with having violated any state statute or municipal ordinance other than as provided in Sections 2-5-205 and 2-5-206 of this title shall not be tried in a criminal action as an adult or a youthful offender, but in a juvenile proceeding, unless certified as an adult pursuant to Section 2-2-403 of this title.
2. However, when multiple offenses occur within the same course of conduct within the same county and the person is prosecuted for at least one offense as a youthful offender pursuant to Section 2-5-205 or 2-5-206 of this title, then all the charges may be prosecuted under the same action pursuant to the provisions of the Youthful Offender Act, if so ordered by the court. The decision to join the cases shall not be appealable as a final order. If the offense listed in Section 2-5-205 or Section 2-5-206 of this title is subsequently dismissed for any reason, then any remaining pending charges shall be transferred to the juvenile court.
B. If, during the pendency of a criminal or quasi-criminal charge against any person, it shall be ascertained that the person was a child at the time of committing the alleged offense, the district court or municipal court shall transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile division of the district court. The division making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division, to that division itself, or release such child to the custody of some suitable person to be brought before the juvenile division.
C. Nothing in this section shall be construed to prevent the exercise of concurrent jurisdiction by another division of the district court or by municipal courts in cases involving children wherein the child is charged with the violation of a state or municipal traffic law or ordinance.
Added by Laws 1994, c. 290, § 20, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 166, eff. July 1, 1997. Renumbered from § 1507.17 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 25, eff. July 1, 1997; Laws 2000, c. 373, § 2, eff. July 1, 2000; Laws 2009, c. 234, § 81, emerg. eff. May 21, 2009. Renumbered from § 7306-2.3 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009.
NOTE: Laws 1996, c. 247, § 48 amended the effective date of Laws 1995, c. 352, § 166 from July 1, 1996, to July 1, 1997.
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