A. 1. A child who is charged with having violated a state statute or municipal ordinance other than as provided in Section 2- 5-205 of this title shall not be tried in a criminal action as an adult or a youthful offender, but in a juvenile proceeding, unless previously adjudicated as a youthful offender or sentenced as an adult under the provisions of the Youthful Offender Act or certified as an adult pursuant to Section 2-2-403 of this title. 2. When multiple offenses occur within the same course of conduct within the same county and the person is prosecuted for at least one offense as a youthful offender or as an adult pursuant to subsection A, B, C, D, or E of Section 2-5-205 of this title, all charges may be prosecuted under the same action pursuant to the provisions of the Youthful Offender Act, if so ordered by the court. The decision to join the cases shall not be appealable as a final order. If the offense or offenses listed in subsection A, B, C, D, or E of Section 2-5-205 of this title are subsequently dismissed for any reason, or if a verdict of not guilty is returned, then any remaining pending charges shall be transferred to the juvenile court. B. If, during the pendency of any action under the Youthful Offender Act, it shall be ascertained that the person was a child at the time of committing the alleged offense and had not reached the age requirement for filing charges under subsection A, B, C, D, or E of Section 2-5-205 of this title, the district court shall immediately transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile division. The division making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division, to that division itself, or release such child to the custody of some suitable person to be brought before the juvenile division. C. Nothing in this section shall be construed to prevent the exercise of concurrent jurisdiction by another division of the district court or by municipal courts in cases involving children wherein the child is charged with the violation of a state or municipal traffic law or ordinance. D. 1. If a person commits an act which could have been charged under subsection A, B, C, D, or E of Section 2-5-205 of this title but, through no fault of the state, the crime was not reported or did not become known to the district attorney or law enforcement until the person reached eighteen (18) years of age, the person shall be held accountable for his or her act as an adult and shall not be subject to the provisions of the Youthful Offender Act or the provisions of the Juvenile Code for certification as a juvenile. 2. In the event a person who is charged as a youthful offender with a crime listed in subsection A, B, C, D, or E of Section 2-5- 205 of this title willfully and purposefully avoids arrest after reasonable attempts by law enforcement to apprehend on his or her warrant shall be prosecuted as an adult if apprehended after the person turns eighteen (18) years of age. Added by Laws 1994, c. 290, § 20, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 166, eff. July 1, 1997. Renumbered from § 1507.17 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 25, eff. July 1, 1997; Laws 2000, c. 373, § 2, eff. July 1, 2000; Laws 2009, c. 234, § 81, emerg. eff. May 21, 2009. Renumbered from § 7306-2.3 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009. Amended by Laws 2022, c. 375, § 3, eff. Nov. 1, 2022.
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