GA Code § 15-11-563 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 6 - Delinquency|Part 9 - Transfers|§ 15-11-563. Statements Made at Transfer Hearing

 Statements made by a child at a transfer hearing shall not be admissible against such child over objection in a criminal proceedings if transfer is ordered except as impeachment or rebuttal evidence.    (Code 1981, §15-11-563, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)   Cross references.   - Duties of the clerk of the Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 2.2(a).   Law reviews.   - For article suggesting upward adjustment to age 15 of the age of criminal responsibility and creation of a rebuttable presumption of adult accountability for youths aged 15 to 18, see 23 Mercer L. Rev. 341 (1972). For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For comment on J.W.A. v. State, 233 Ga. 683, 212 S.E.2d 849 (1975), see 27 Mercer L. Rev. 335 (1975).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, annotations taken from cases decided prior to the adoption of the 1983 Constitution are included in the annotations for this Code section. See Ga. Const. 1983, Art. VI, Sec. III, Para. I and Ga. Const. 1983, Art. VI, Sec. IV, Para. I.   In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2501, pre-2000 Code Section 15-11-39, and pre-2014 Code Section 15-11-30.2, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.   Legislature may restrict or qualify right to treatment as juvenile.    - Treatment as a juvenile is not an inherent right but one granted by the state legislature, and the legislature may restrict or qualify that right as the legislature sees fit as long as no arbitrary or discriminatory classification is involved. Lane v. Jones, 244 Ga. 17, 257 S.E.2d 525 (1979) (decided under former Code 1933, § 24A-2501); In re J.J.S., 246 Ga. 617, 272 S.E.2d 294 (1980);(decided under former Code 1933, § 24A-2501).   Pre-custody statements without Miranda warnings were admissible in considering transfer.    - Statements of the defendant, a juvenile, were admissible and were properly considered in deciding to transfer the defendant's case to the superior court for prosecution even though the statements were made prior to the defendant receiving Miranda warnings since the defendant voluntarily spoke to the police and was not in custody or otherwise detained at the time the statements were made; even if the statements were inadmissible, other evidence, including statements by others which incriminated the defendant, was admissible and supported the transfer determination. In the Interest of B.Y., 257 Ga. App. 253, 570 S.E.2d 689 (2002) (decided under former O.C.G.A. § 15-11-30.2)    Jeopardy did not attach so as to preclude further proceedings against a juvenile for crimes the juvenile admitted at a transfer hearing since the juvenile court accepted the admission for the limited purpose of determining whether the case should be transferred to superior court. In re M.E.J., 260 Ga. 805, 401 S.E.2d 254 (1991) (decided under former O.C.G.A. § 15-11-39).   Juvenile facing transfer of case has right to evidentiary hearing.    - When former Code 1933, §§ 24A-2501 and 24A-2002 are read together, a juvenile faced with the possible transfer of the juvenile's case from juvenile court to "the appropriate court having jurisdiction of the offense" has the right to an evidentiary hearing at which the juvenile must be given the opportunity to introduce evidence and otherwise be heard in the juvenile's own behalf and to cross-examine adverse witnesses. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-2501).