SEC. 43-23-31. Transfer of misdemeanor cases from other courts unless prosecution permitted by family court.
Sections 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed.
Whenever any child thirteen (13) years of age or older is brought before any justice of the peace court or municipal court, charged with the commission of a misdemeanor under a state law or municipal ordinance, such court shall, unless prosecution is permitted by order of the family court, transfer the case to the family court of the county, to be dealt with as a case of delinquency in accordance with the provisions of this chapter, and all papers and other documents pertaining to the case shall be transferred to the clerk of the family court; and in any such case the family court may hear and proceed with the case in the same manner as if such child had been brought before the court upon information originally presented as herein provided. In such cases where prosecution is permitted by order of the family court, the justice of the peace court or municipal court shall have power to enforce the provisions of this chapter with regard to contributing to delinquency or neglect of a child in the same manner as the family court has power to enforce.
After conviction and sentence of any child so prosecuted for a misdemeanor, as above set out, by a justice of peace or municipal court, the family court of the county shall have full power to stay the execution of such sentence and to release such child on good behavior, or to make such other order as the court may see fit to make.
SOURCES: Codes, 1942, Sec. 7187-16; Laws, 1964, ch. 328, Sec. 16, eff from and after passage (approved May 22, 1964). This section is repealed by Laws 1999, Ch. 432, Sec. 2 when such law is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.