GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 92

Short Title:  Juvenile Court Changes.	(Public)

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Sponsors: Senator Ballance.

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Referred to:  Judiciary.

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February 12, 1997

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE JUVENILE STATUTES TO PROVIDE GUIDELINES FOR AND MAKE DISCOVERY AVAILABLE PRIOR TO TRANSFER HEARINGS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-610 reads as rewritten:
"§ 7A-610.  Procedure upon finding of probable cause.
(a)	If probable cause is found and transfer to superior court is not required by G.S. 7A-608, the prosecutor or the juvenile may move that the case be transferred to the superior court for trial as in the case of adults.  Upon a motion for transfer, a hearing shall be granted.
(a1)	The transfer hearing is a dispositional hearing.  At the transfer hearing:
(1)	A prosecutor shall represent the State.
(2)	The juvenile shall be represented by counsel in accordance with G.S. 7A-584.
(3)	The juvenile may testify as a witness in the juvenile's own behalf and call and examine other witnesses and offer other evidence regarding the factors set out in subsection (c) of this section.
(4)	The State may offer evidence regarding the facts set out in subsection (c) of this section.
(5)	Information presented may be informal, and the judge may consider written reports or other evidence concerning the needs of the juvenile as is relevant under subsection (c) of this section.
(6)	The judge may exclude the public from the hearing unless the juvenile moves that the hearing be open.  If the juvenile moves that the hearing be open, the judge shall grant that motion.
(a2)	superior court has jurisdiction over that felony, any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony.
(b)	If probable cause is not found, the judge shall dismiss the proceeding.
(c)	Any order of transfer shall include findings of fact supporting the transfer.  In making findings of fact, the judge shall consider:
(1)	The juvenile's age, emotional maturity, intellectual functioning, prior juvenile record, and previous rehabilitation attempts;
(2)	The likelihood that the juvenile can benefit from treatment within the time that the juvenile would remain under the jurisdiction of the juvenile court; and
(3)	The seriousness of the offense, the degree of violence involved, and the prospects for adequate protection of the public.
All findings of fact shall be based upon clear, convincing and cogent evidence in the record.
(c1)	Hearings held under this section shall be recorded, and shall be transcribed upon the request of either party.
(d)	A finding of no probable cause shall not preclude the judge from adjudicating the juvenile delinquent for the commission of a lesser included offense.  If the lesser included offense is a misdemeanor, the judge may, if the parties consent, proceed immediately to dispose of the case by accepting a plea of responsible or no contest or trying the offense.  If the parties do not consent, the judge may enter an appropriate order for subsequent calendaring of the case for adjudication for not earlier than five working days from the date of the order. The judge shall note in the case records the new offense with which the juvenile is charged, has been adjudicated, or to which the juvenile entered a plea of responsible or no contest."
Section 2.  G.S. 7A-618 reads as rewritten:
"§ 7A-618.  Disclosure of evidence by petitioner.
(a)	Statement of the Juvenile. – Upon motion of a juvenile alleged to be delinquent, the judge shall order the petitioner:
(1)	To permit the juvenile to inspect and copy any relevant written or recorded statements within the possession, custody, or control of the petitioner made by the juvenile or any other party charged in the same action; and
(2)	To divulge, in written or recorded form, the substance of any oral statement made by the juvenile or any other party charged in the same action.
(b)	Names of Witnesses. – Upon motion of the juvenile, the judge shall order the petitioner to furnish the names of persons to be called as witnesses. A copy of the record of witnesses under the age of 16 shall be provided by the petitioner to the juvenile upon his motion if accessible to the petitioner.
(c)	Documents and Tangible Objects. – Upon motion of the juvenile, the judge shall order the petitioner to permit the juvenile to inspect and copy books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or portions thereof:
(1)	Which are within the possession, custody, or control of the petitioner, the prosecutor, or any law-enforcement officer conducting an investigation of the matter alleged; and
(2)	Which are material to the preparation of his defense, are intended for use by the petitioner as evidence, and were obtained from or belong to the juvenile.
(d)	Reports of Examinations and Tests. – Upon motion of a juvenile, the judge shall order the petitioner to permit the juvenile to inspect and copy results of physical or mental examinations or of tests, measurements or experiments made in connection with the case, within the possession, custody, or control of the petitioner. In addition upon motion of a juvenile, the judge shall order the petitioner to permit the juvenile to inspect, examine, and test, subject to appropriate safeguards, any physical evidence or a sample of it or tests or experiments made in connection with the evidence in the case if it is available to the petitioner, the prosecutor, or any law-enforcement officer conducting an investigation of the matter alleged and if the petitioner intends to offer the evidence at trial.
(e)	Except as provided in subsections (a) through (d), this Article does not require the production of reports, memoranda, or other internal documents made by the petitioner, law-enforcement officers, or other persons acting on behalf of the petitioner in connection with the investigation or prosecution of the case or of statements made by witnesses or the petitioner to anyone acting on behalf of the petitioner.
(e1)	Upon motion by either party to bind the juvenile over to superior court, the judge shall order the petitioner to provide discovery to the juvenile pursuant to subsections (a) through (e) of this section at least seven days prior to the date the transfer hearing is scheduled.
(f)	Nothing in this section prohibits a petitioner from making voluntary disclosures in the interest of justice."
Section 3.  G.S. 7A-619 is amended by adding a new subsection to read:
"( d)	Upon motion by either party to bind the juvenile over to superior court, the judge shall order the juvenile to provide discovery to the petitioner pursuant to subsections (a) through (e) of this section at least seven days prior to the date the transfer hearing is scheduled."
Section 4.  This act becomes effective October 1, 1997.