2C:4-11. Immaturity Excluding Criminal Conviction; Transfer of Proceedings to Family Court.

a.   A person shall not be tried for or convicted of an offense if:

 

   (1)  At the time of the conduct charged to constitute the offense he was less than 14 years of age, in which case the family court shall have exclusive jurisdiction unless pursuant to section 8 of the "New Jersey Code of Juvenile Justice" the juvenile has demanded indictment and trial by jury; or 

   (2)  At the time of the conduct charged to constitute the offense he was 14, 15, 16 or 17 years of age, unless: 

   (a)  The family court has no jurisdiction over him;

 

   (b)  The family court has, pursuant to section 7 of "New Jersey Code of Juvenile Justice," entered an order waiving jurisdiction and referring the case to the county prosecutor for the institution of criminal proceedings against him; 

   (c)  The juvenile has, pursuant to section 8 of the "New Jersey Code of Juvenile Justice," demanded indictment and trial by jury. 

   b.   No court shall have jurisdiction to try and convict a person of an offense if criminal proceedings against him are barred by subsection a. of this section.  When it appears that a person charged with the commission of an offense may be of such an age that proceedings may be barred under subsection a. of this section, the court shall hold a hearing thereon, and the burden shall be on such person to establish to the satisfaction of the court that the proceeding is barred upon such grounds.  If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the family court and the case, including all papers and processes relating thereto shall be transferred. 

   L.1978,c.95; amended 1982,c.77,s.32.