§ 14-1-7.1 - Waiver of jurisdiction – Proof.
SECTION 14-1-7.1
§ 14-1-7.1 Waiver of jurisdiction –Proof. – (a) Upon a motion by the attorney general pursuant to § 14-1-7, the courtshall conduct a hearing at which it shall be the duty of the attorney generalto produce evidence to enable the court to determine:
(1) That probable cause exists to believe that the offensecharged has been committed and that the child charged has committed it, unlessthe proof has been elicited at a prior hearing on detention of the juvenile andthe findings have been made by the same justice of the family court who isconducting the waiver proceeding; and
(2) That the child's past history of offenses, history oftreatment, or the heinous or premeditated nature of the offense is such thatthe court finds that the interests of society or the protection of the publicnecessitate the waiver of jurisdiction of the court over the child.
(b) If the court finds that subdivisions (a)(1) and (a)(2) ofthis section have been proven by a preponderance of evidence, it may waivejurisdiction over the child and refer the child to the appropriate adult courtto be tried for the offense as an adult.
(c) A waiver of jurisdiction over a child pursuant to thissection shall constitute a waiver of jurisdiction over that child for theoffense upon which the motion is based as well as for all pending andsubsequent offenses of whatever nature, and the child shall be referred to thecourt which would have had jurisdiction if the offense had been committed by anadult. In the event that the child is acquitted of the offense for which thewaiver has been sought, the waiver shall be vacated.