                                 CODE OF VIRGINIA

CIRCUIT COURT HEARING; JURY; TERMINATION OF JUVENILE COURT JURISDICTION;
OBJECTIONS AND APPEALS (§ 16.1-269.6)

A. Within seven days after receipt of notice of an appeal from the transfer
decision pursuant to subsection A of &#xA7; 16.1-269.1, by either the attorney
for the Commonwealth or the juvenile, or if an appeal to such a decision to
transfer is not noted, upon expiration of the time in which to note such an
appeal, the clerk of the court shall forward to the circuit court all papers
connected with the case, including any report required by subsection B of &#xA7;
16.1-269.2, as well as a written court order setting forth the reasons for the
juvenile court&#8217;s decision. Within seven days after receipt of notice of an
appeal, the clerk shall forward copies of the order to the attorney for the
Commonwealth and other counsel of record.

B. The circuit court, when practicable, shall, within 45 days after receipt of
the case from the juvenile court pursuant to subsection A of &#xA7; 16.1-269.1,
(i) if either the juvenile or the attorney for the Commonwealth has appealed the
transfer decision, examine all such papers, reports and orders and conduct a
hearing to take further evidence on the issue of transfer, to determine if there
has been substantial compliance with subsection A of &#xA7; 16.1-269.1, but
without redetermining whether the juvenile court had sufficient evidence to find
probable cause; and (ii) enter an order either remanding the case to the
juvenile court or advising the attorney for the Commonwealth that he may seek an
indictment. A juvenile held continuously in secure detention shall be released
from confinement if there is no hearing on the merits of his case within 45 days
of the filing of the appeal. The circuit court may extend the time limitations
for a reasonable period of time based upon good cause shown, provided the basis
for such extension is recorded in writing and filed among the papers of the
proceedings. However, in cases where a charge has been certified by the juvenile
court to the grand jury pursuant to subsection B or C of &#xA7; 16.1-269.1, the
attorney for the Commonwealth may seek an indictment upon such charge and any
ancillary charge without obtaining an order of the circuit court advising him
that he may do so.

C. The circuit court order advising the attorney for the Commonwealth that he
may seek an indictment shall divest the juvenile court of its jurisdiction over
the case as well as the juvenile court&#8217;s jurisdiction over any other
allegations of delinquency arising from the same act, transaction or scheme
giving rise to the charge for which the juvenile has been transferred. In
addition, upon conviction of the juvenile following transfer or certification
and trial as an adult, the circuit court shall issue an order terminating the
juvenile court&#8217;s jurisdiction over that juvenile with respect to any
future criminal acts alleged to have been committed by such juvenile and with
respect to any pending allegations of delinquency which have not been disposed
of by the juvenile court at the time of the criminal conviction. However, such
an order terminating the juvenile court&#8217;s jurisdiction shall not apply to
any allegations of criminal conduct that would properly be within the
jurisdiction of the juvenile and domestic relations district court if the
defendant were an adult. Upon receipt of the order terminating the juvenile
court&#8217;s jurisdiction over the juvenile, the clerk of the juvenile court
shall forward any pending petitions of delinquency for proceedings in the
appropriate general district court.

D. The judge of the circuit court who reviewed the case after receipt from the
juvenile court shall not, over the objection of any interested party, preside
over the trial of such charge or charges.

E. Any objection to the jurisdiction of the circuit court pursuant to this
article shall be waived if not made before arraignment.

F. The time period beginning with the filing of a notice of appeal pursuant to
&#xA7; 16.1-269.3 or &#xA7; 16.1-269.4 and ending with the order of the circuit
court disposing of the appeal shall not be included as applying to the
provisions of &#xA7; 19.2-243.

HISTORY: 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2003, c. 144;
2004, c. 468; 2010, c. 739.