Missouri Revised Statutes
Chapter 211
Juvenile Courts
←211.069
Section 211.071.1
211.073→
August 28, 2015
Certification of juvenile for trial as adult--procedure--mandatory hearing, certain offenses--misrepresentation of age, effect.
211.071. 1. If a petition alleges that a child between the ages of
twelve and seventeen has committed an offense which would be considered a
felony if committed by an adult, the court may, upon its own motion or upon
motion by the juvenile officer, the child or the child's custodian, order a
hearing and may, in its discretion, dismiss the petition and such child may
be transferred to the court of general jurisdiction and prosecuted under
the general law; except that if a petition alleges that any child has
committed an offense which would be considered first degree murder under
section 565.020, second degree murder under section 565.021, first degree
assault under section 565.050, forcible rape under section 566.030 as it
existed prior to August 28, 2013, rape in the first degree under section
566.030, forcible sodomy under section 566.060 as it existed prior to
August 28, 2013, sodomy in the first degree under section 566.060, first
degree robbery under section 569.020, or distribution of drugs under
section 195.211, or has committed two or more prior unrelated offenses
which would be felonies if committed by an adult, the court shall order a
hearing, and may in its discretion, dismiss the petition and transfer the
child to a court of general jurisdiction for prosecution under the general
law.
2. Upon apprehension and arrest, jurisdiction over the criminal
offense allegedly committed by any person between seventeen and twenty-one
years of age over whom the juvenile court has retained continuing
jurisdiction shall automatically terminate and that offense shall be dealt
with in the court of general jurisdiction as provided in section 211.041.
3. Knowing and willful age misrepresentation by a juvenile subject
shall not affect any action or proceeding which occurs based upon the
misrepresentation. Any evidence obtained during the period of time in
which a child misrepresents his or her age may be used against the child
and will be subject only to rules of evidence applicable in adult
proceedings.
4. Written notification of a transfer hearing shall be given to the
juvenile and his or her custodian in the same manner as provided in
sections 211.101 and 211.111. Notice of the hearing may be waived by the
custodian. Notice shall contain a statement that the purpose of the
hearing is to determine whether the child is a proper subject to be dealt
with under the provisions of this chapter, and that if the court finds that
the child is not a proper subject to be dealt with under the provisions of
this chapter, the petition will be dismissed to allow for prosecution of
the child under the general law.
5. The juvenile officer may consult with the office of prosecuting
attorney concerning any offense for which the child could be certified as
an adult under this section. The prosecuting or circuit attorney shall
have access to police reports, reports of the juvenile or deputy juvenile
officer, statements of witnesses and all other records or reports relating
to the offense alleged to have been committed by the child. The
prosecuting or circuit attorney shall have access to the disposition
records of the child when the child has been adjudicated pursuant to
subdivision (3) of subsection 1 of section 211.031. The prosecuting
attorney shall not divulge any information regarding the child and the
offense until the juvenile court at a judicial hearing has determined that
the child is not a proper subject to be dealt with under the provisions of
this chapter.
6. A written report shall be prepared in accordance with this chapter
developing fully all available information relevant to the criteria which
shall be considered by the court in determining whether the child is a
proper subject to be dealt with under the provisions of this chapter and
whether there are reasonable prospects of rehabilitation within the
juvenile justice system. These criteria shall include but not be limited
to:
(1) The seriousness of the offense alleged and whether the protection
of the community requires transfer to the court of general jurisdiction;
(2) Whether the offense alleged involved viciousness, force and
violence;
(3) Whether the offense alleged was against persons or property with
greater weight being given to the offense against persons, especially if
personal injury resulted;
(4) Whether the offense alleged is a part of a repetitive pattern of
offenses which indicates that the child may be beyond rehabilitation under
the juvenile code;
(5) The record and history of the child, including experience with
the juvenile justice system, other courts, supervision, commitments to
juvenile institutions and other placements;
(6) The sophistication and maturity of the child as determined by
consideration of his home and environmental situation, emotional condition
and pattern of living;
(7) The age of the child;
(8) The program and facilities available to the juvenile court in
considering disposition;
(9) Whether or not the child can benefit from the treatment or
rehabilitative programs available to the juvenile court; and
(10) Racial disparity in certification.
7. If the court dismisses the petition to permit the child to be
prosecuted under the general law, the court shall enter a dismissal order
containing:
(1) Findings showing that the court had jurisdiction of the cause and
of the parties;
(2) Findings showing that the child was represented by counsel;
(3) Findings showing that the hearing was held in the presence of the
child and his counsel; and
(4) Findings showing the reasons underlying the court's decision to
transfer jurisdiction.
8. A copy of the petition and order of the dismissal shall be sent to
the prosecuting attorney.
9. When a petition has been dismissed thereby permitting a child to
be prosecuted under the general law and the prosecution of the child
results in a conviction, the jurisdiction of the juvenile court over that
child is forever terminated, except as provided in subsection 10 of this
section, for an act that would be a violation of a state law or municipal
ordinance.
10. If a petition has been dismissed thereby permitting a child to be
prosecuted under the general law and the child is found not guilty by a
court of general jurisdiction, the juvenile court shall have jurisdiction
over any later offense committed by that child which would be considered a
misdemeanor or felony if committed by an adult, subject to the
certification provisions of this section.
11. If the court does not dismiss the petition to permit the child to
be prosecuted under the general law, it shall set a date for the hearing
upon the petition as provided in section 211.171.
(L. 1957 p. 642 § 211.070, A.L. 1983 S.B. 368, A.L. 1989 H.B. 502, et
al., A.L. 1995 H.B. 174, et al., A.L. 2008 H.B. 1550, A.L. 2013
H.B. 215 merged with S.B. 36)
(2009) Violation of Eighth Amendment to U.S. Constitution for juvenile
offender to be sentenced to life without parole for nonhomicide
offense. Graham v. Florida, 130 S.Ct. 2011.
(2010) Right to jury trial under Sixth Amendment does not apply to
findings of fact necessary to certify minor as adult. State v.
Andrews, 329 S.W.3d 369 (Mo.banc).
2008
1995
2008
211.071. 1. If a petition alleges that a child between the ages of
twelve and seventeen has committed an offense which would be considered a
felony if committed by an adult, the court may, upon its own motion or upon
motion by the juvenile officer, the child or the child's custodian, order a
hearing and may, in its discretion, dismiss the petition and such child may
be transferred to the court of general jurisdiction and prosecuted under the
general law; except that if a petition alleges that any child has committed an
offense which would be considered first degree murder under section 565.020,
second degree murder under section 565.021, first degree assault under
section 565.050, forcible rape under section 566.030, forcible sodomy under
section 566.060, first degree robbery under section 569.020, or distribution
of drugs under section 195.211, or has committed two or more prior unrelated
offenses which would be felonies if committed by an adult, the court shall
order a hearing, and may in its discretion, dismiss the petition and transfer
the child to a court of general jurisdiction for prosecution under the general
law.
2. Upon apprehension and arrest, jurisdiction over the criminal offense
allegedly committed by any person between seventeen and twenty-one years of
age over whom the juvenile court has retained continuing jurisdiction shall
automatically terminate and that offense shall be dealt with in the court of
general jurisdiction as provided in section 211.041.
3. Knowing and willful age misrepresentation by a juvenile subject shall
not affect any action or proceeding which occurs based upon the
misrepresentation. Any evidence obtained during the period of time in which
a child misrepresents his or her age may be used against the child and will be
subject only to rules of evidence applicable in adult proceedings.
4. Written notification of a transfer hearing shall be given to the
juvenile and his or her custodian in the same manner as provided in sections
211.101 and 211.111. Notice of the hearing may be waived by the custodian.
Notice shall contain a statement that the purpose of the hearing is to
determine whether the child is a proper subject to be dealt with under the
provisions of this chapter, and that if the court finds that the child is not
a proper subject to be dealt with under the provisions of this chapter, the
petition will be dismissed to allow for prosecution of the child under the
general law.
5. The juvenile officer may consult with the office of prosecuting
attorney concerning any offense for which the child could be certified as an
adult under this section. The prosecuting or circuit attorney shall have
access to police reports, reports of the juvenile or deputy juvenile officer,
statements of witnesses and all other records or reports relating to the
offense alleged to have been committed by the child. The prosecuting or
circuit attorney shall have access to the disposition records of the child
when the child has been adjudicated pursuant to subdivision (3) of subsection
1 of section 211.031. The prosecuting attorney shall not divulge any
information regarding the child and the offense until the juvenile court at a
judicial hearing has determined that the child is not a proper subject to be
dealt with under the provisions of this chapter.
6. A written report shall be prepared in accordance with this chapter
developing fully all available information relevant to the criteria which
shall be considered by the court in determining whether the child is a proper
subject to be dealt with under the provisions of this chapter and whether
there are reasonable prospects of rehabilitation within the juvenile justice
system. These criteria shall include but not be limited to:
(1) The seriousness of the offense alleged and whether the protection of
the community requires transfer to the court of general jurisdiction;
(2) Whether the offense alleged involved viciousness, force and violence;
(3) Whether the offense alleged was against persons or property with
greater weight being given to the offense against persons, especially if
personal injury resulted;
(4) Whether the offense alleged is a part of a repetitive pattern of
offenses which indicates that the child may be beyond rehabilitation under
the juvenile code;
(5) The record and history of the child, including experience with the
juvenile justice system, other courts, supervision, commitments to juvenile
institutions and other placements;
(6) The sophistication and maturity of the child as determined by
consideration of his home and environmental situation, emotional condition
and pattern of living;
(7) The age of the child;
(8) The program and facilities available to the juvenile court in
considering disposition;
(9) Whether or not the child can benefit from the treatment or
rehabilitative programs available to the juvenile court; and
(10) Racial disparity in certification.
7. If the court dismisses the petition to permit the child to be
prosecuted under the general law, the court shall enter a dismissal order
containing:
(1) Findings showing that the court had jurisdiction of the cause and of
the parties;
(2) Findings showing that the child was represented by counsel;
(3) Findings showing that the hearing was held in the presence of the
child and his counsel; and
(4) Findings showing the reasons underlying the court's decision to
transfer jurisdiction.
8. A copy of the petition and order of the dismissal shall be sent to the
prosecuting attorney.
9. When a petition has been dismissed thereby permitting a child to be
prosecuted under the general law, the jurisdiction of the juvenile court over
that child is forever terminated, except as provided in subsection 10 of this
section, for an act that would be a violation of a state law or municipal
ordinance.
10. If a petition has been dismissed thereby permitting a child to be
prosecuted under the general law and the child is found not guilty by a court
of general jurisdiction, the juvenile court shall have jurisdiction over any
later offense committed by that child which would be considered a misdemeanor
or felony if committed by an adult, subject to the certification provisions
of this section.
11. If the court does not dismiss the petition to permit the child to be
prosecuted under the general law, it shall set a date for the hearing upon
the petition as provided in section 211.171.
1995
211.071. 1. If a petition alleges that a child between the ages of
twelve and seventeen has committed an offense which would be considered a
felony if committed by an adult, the court may, upon its own motion or upon
motion by the juvenile officer, the child or the child's custodian, order a
hearing and may, in its discretion, dismiss the petition and such child may
be transferred to the court of general jurisdiction and prosecuted under
the general law; except that if a petition alleges that any child has
committed an offense which would be considered first degree murder under
section 565.020, RSMo, second degree murder under section 565.021, RSMo,
first degree assault under section 565.050, RSMo, forcible rape under
section 566.030, RSMo, forcible sodomy under section 566.060, RSMo, first
degree robbery under section 569.020, RSMo, or distribution of drugs under
section 195.211, RSMo, or has committed two or more prior unrelated
offenses which would be felonies if committed by an adult, the court shall
order a hearing, and may in its discretion, dismiss the petition and
transfer the child to a court of general jurisdiction for prosecution under
the general law.
2. Upon apprehension and arrest, jurisdiction over the criminal
offense allegedly committed by any person between seventeen and twenty-one
years of age over whom the juvenile court has retained continuing
jurisdiction shall automatically terminate and that offense shall be dealt
with in the court of general jurisdiction as provided in section 211.041.
3. Knowing and willful age misrepresentation by a juvenile subject
shall not affect any action or proceeding which occurs based upon the
misrepresentation. Any evidence obtained during the period of time in
which a child misrepresents his age may be used against the child and will
be subject only to rules of evidence applicable in adult proceedings.
4. Written notification of a transfer hearing shall be given to the
juvenile and his custodian in the same manner as provided in sections
211.101 and 211.111. Notice of the hearing may be waived by the custodian.
Notice shall contain a statement that the purpose of the hearing is to
determine whether the child is a proper subject to be dealt with under the
provisions of this chapter, and that if the court finds that the child is
not a proper subject to be dealt with under the provisions of this chapter,
the petition will be dismissed to allow for prosecution of the child under
the general law.
5. The juvenile officer may consult with the office of prosecuting
attorney concerning any offense for which the child could be certified as
an adult under this section. The prosecuting or circuit attorney shall
have access to police reports, reports of the juvenile or deputy juvenile
officer, statements of witnesses and all other records or reports relating
to the offense alleged to have been committed by the child. The
prosecuting or circuit attorney shall have access to the disposition
records of the child when the child has been adjudicated pursuant to
subdivision (3) of subsection 1 of section 211.031. The prosecuting
attorney shall not divulge any information regarding the child and the
offense until the juvenile court at a judicial hearing has determined that
the child is not a proper subject to be dealt with under the provisions of
this chapter.
6. A written report shall be prepared in accordance with this chapter
developing fully all available information relevant to the criteria which
shall be considered by the court in determining whether the child is a
proper subject to be dealt with under the provisions of this chapter and
whether there are reasonable prospects of rehabilitation within the
juvenile justice system. These criteria shall include but not be limited
to:
(1) The seriousness of the offense alleged and whether the protection
of the community requires transfer to the court of general jurisdiction;
(2) Whether the offense alleged involved viciousness, force and
violence;
(3) Whether the offense alleged was against persons or property with
greater weight being given to the offense against persons, especially if
personal injury resulted;
(4) Whether the offense alleged is a part of a repetitive pattern of
offenses which indicates that the child may be beyond rehabilitation under
the juvenile code;
(5) The record and history of the child, including experience with
the juvenile justice system, other courts, supervision, commitments to
juvenile institutions and other placements;
(6) The sophistication and maturity of the child as determined by
consideration of his home and environmental situation, emotional condition
and pattern of living;
(7) The age of the child;
(8) The program and facilities available to the juvenile court in
considering disposition;
(9) Whether or not the child can benefit from the treatment or
rehabilitative programs available to the juvenile court; and
(10) Racial disparity in certification.
7. If the court dismisses the petition to permit the child to be
prosecuted under the general law, the court shall enter a dismissal order
containing:
(1) Findings showing that the court had jurisdiction of the cause and
of the parties;
(2) Findings showing that the child was represented by counsel;
(3) Findings showing that the hearing was held in the presence of the
child and his counsel; and
(4) Findings showing the reasons underlying the court's decision to
transfer jurisdiction.
8. A copy of the petition and order of the dismissal shall be sent to
the prosecuting attorney.
9. When a petition has been dismissed thereby permitting a child to
be prosecuted under the general law, the jurisdiction of the juvenile court
over that child is forever terminated, except as provided in subsection 10
of this section, for an act that would be a violation of a state law or
municipal ordinance.
10. If a petition has been dismissed thereby permitting a child to be
prosecuted under the general law and the child is found not guilty by a
court of general jurisdiction, the juvenile court shall have jurisdiction
over any later offense committed by that child which would be considered a
misdemeanor or felony if committed by an adult, subject to the
certification provisions of this section.
11. If the court does not dismiss the petition to permit the child to
be prosecuted under the general law, it shall set a date for the hearing
upon the petition as provided in section 211.171.
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