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Session Laws, 1959
Volume 642, Page 400   View pdf image (33K)
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400                               Laws of Maryland                      [Ch. 290

Section 55. Punishment of persons found guilty under Section
53; waiver of jurisdiction.

Any adult or other person [over the age of 18 years] 18 years of
age or over
over whom the judge may have jurisdiction under Section
53, if found guilty of any act or omission as therein defined, shall be
punishable by the juvenile court, or by the criminal court in the event
of a waiver of jurisdiction or a demand for trial according to the
usual criminal procedure as hereinafter provided,
by a fine not ex-
ceeding five hundred dollars ($500) or imprisonment not exceeding
two (2) years, or by both such fine and imprisonment. Upon any such
conviction, the judge shall have power to impose sentence as afore-
said, or may suspend sentence and place such adult or other person
on probation and by order impose upon such adult or other person
during such period of probation such duty as shall be deemed for the
best interest of the child or other person concerned. In any such case,
such adult or other person shall be tried before the judge without
a jury unless such adult or other person shall [elect to have the case
tried before a jury] demand trial according to the usual criminal
procedure.
The judge may, however, in his discretion waive juris-
diction, so that such adult or other person may be otherwise dealt
with according to [law] the usual criminal procedure. If such adult
or other person demands trial according to the usual criminal pro-
cedure, the judge shall waive jurisdiction and the case of such adult
or other person shall thereupon be dealt with according to the usual
criminal procedure. In the event an adult or other person is tried by
the criminal court for an act or omission as defined in Section 53, he
shall be entitled to a trial by jury pursuant to the usual criminal
procedure.

SEC. 2. And be it further enacted, That Sections 241 and 243 of
the Code of Public Local Laws and Charter of Baltimore City (1949
Edition, being Article 4 of the Code of Public Local Laws of Mary-
land) , title "Courts", sub-title "Juvenile Causes", be and the same are
hereby repealed and re-enacted, with amendments, to read as follows:

241. Except as otherwise provided herein the Judge shall have
(a) original, exclusive jurisdiction concerning any child who is de-
pendent, delinquent, neglected or feeble-minded; (b) original [, ex-
clusive] jurisdiction, unless waived as hereinafter provided, to try
[subject to the right of trial by jury] any parent, guardian or other
adult for any wilful act or omission bringing a child within the jurist-
diction of the Court, subject to such respondent's right to trial upon
such charge in the criminal court according to the usual criminal
procedure,
[unless waived as hereinafter provided.] Nothing herein
contained shall deprive other courts of the right to determine the
custody of children upon writs of habeas corpus or to determine the
custody or guardianship of children when such custody of guardian-
ship is incidental to the determination of cases pending in such other
courts.

243. Any adult over whom the judge may have jurisdiction under
Section 241, if found guilty of any act or omission as therein
defined, shall be punishable by the juvenile court, or by the criminal
court in the event of a waiver of jurisdiction or a demand for trial
according to the usual criminal procedure as hereinafter provided,
by a fine not exceeding five hundred dollars ($500) or imprisoned

 

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Session Laws, 1959
Volume 642, Page 400   View pdf image (33K)
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