PENNSYLVANIA, May 20 - to transfer from criminal proceedings) from the division or a

judge of the court assigned to conduct criminal proceedings.]

* * *

(g) Burden of proof.--The burden of establishing by a

preponderance of evidence that the public interest is served by

the transfer of the case to criminal court and that a child is

not amenable to treatment, supervision or rehabilitation as a

juvenile shall rest with the Commonwealth. [unless the following

apply:

(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301

(relating to definitions) was used and the child was 14

years of age at the time of the offense; or

(ii) the child was 15 years of age or older at the

time of the offense and was previously adjudicated

delinquent of a crime that would be considered a felony

if committed by an adult; and

(2) there is a prima facie case that the child committed

a delinquent act which, if committed by an adult, would be

classified as rape, involuntary deviate sexual intercourse,

aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or

(2) (relating to aggravated assault), robbery as defined in

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery), robbery of motor vehicle, aggravated indecent

assault, kidnapping, voluntary manslaughter, an attempt,

conspiracy or solicitation to commit any of these crimes or

an attempt to commit murder as specified in paragraph (2)(ii)

of the definition of "delinquent act" in section 6302.

If either of the preceding criteria are met, the burden of

establishing by a preponderance of the evidence that retaining

the case under this chapter serves the public interest and that

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