AN ACT to allow prosecutorial discretion for juveniles charged with offenses that would be class a through g felonies if committed by an adult.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7B‑2200.5 reads as rewritten:

§ 7B‑2200.5.  Transfer of jurisdiction of a juvenile at least 16 years of age to superior court.

(a)        If a juvenile was 16 years of age or older at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult, the court shall transfer jurisdiction over the juvenile to superior court for trial as in the case of adults unless the prosecutor declines to prosecute in superior court as provided in subsection (a1) of this section. A transfer shall occur after either of the following:

(1)        Notice to the juvenile and a finding by the court that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutes a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult.

(2)        Notice, hearing, and a finding of probable cause that the juvenile committed an offense that constitutes a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult.

(a1)      The prosecutor may decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer pursuant to subsection (a) of this section. If the prosecutor declines to prosecute the matter in superior court, jurisdiction over the juvenile shall remain in juvenile court following a finding of probable cause pursuant to G.S. 7B‑2202. Prior to adjudication, the prosecutor may choose to transfer the matter pursuant to subsection (a) of this section.

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SECTION 2.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.