A municipal court shall waive jurisdiction and transfer a child if the child has two or more prior fine-only offenses other than traffic or public intoxication. True or False?

• A. True
• B. False
• C. Not stated
• D. Not applicable

Answer: (A)

Mandatory transfer to district court occurs when a child has two or more prior offenses that were punishable only by a fine, and these do not include traffic offenses or public intoxication. In that situation, the statute requires the municipal court to waive its jurisdiction and transfer the case, not leave it in the municipal system. This reflects a policy to move repeat, minor offenders to a higher court that handles juvenile matters more appropriately and with options beyond fines, when a pattern of behavior has already shown up in prior fine-only offenses. Since the statute explicitly uses the word “shall waive,” the transfer is mandatory, making the statement true.