Marvin Mandel, Governor                         597

§ 406B. Penalty and prosecution.

Any person [under the age of twenty-one (21) years] above the
age of juvenile court jurisdiction violating the provisions of this sub-
title shall be deemed guilty of a misdemeanor, and, upon a convic-
tion thereof in any court of competent jurisdiction, shall be sen-
tenced to pay a fine of not more than three hundred dollars ($300.00)
or imprisoned in jail for a period not exceeding sixty (60) days, or
both fined and imprisoned in the discretion of the court. [Notwith-
standing the provisions of Article 26, subtitle "Juvenile Causes," to
the contrary, all prosecutions for violations of the provisions of this
section may be either upon presentment and indictment in any court
having criminal jurisdiction in, this State, or by trial before any
justice of the peace duly assigned to hear and determine criminal
matters in and for the said county, as the case may be, where the
offense occurs, and jurisdiction original and concurrent with the said
courts having criminal jurisdiction is hereby given to the said justices
of the peace, as aforesaid, and they shall have power to issue all
processes and do all acts which may be necessary for the exercise of
said jurisdiction, and may try and determine all such cases and may
pronounce judgment and impose sentence therein to the same extent
as the aforesaid courts having criminal jurisdiction could do in such
cases, if such cases were tried before such court without a jury; pro-
vided, however, that if any person when brought before any such
justice of the peace having jurisdiction of the case, shall before the
trial for the alleged offense, pray a jury trial, or if the State's at-
torney for the said county where the offense occurs shall, before the
trial of such alleged offense, pray a jury trial on behalf of the State,
it shall be the duty of such justice of the peace to commit such al-
leged offender for trial, or to hold him to bail to appear for trial in
the court having criminal jurisdiction in the case, at its then or next
session and to transmit said commitment or recognizance with the
names and residences of the witnesses for the prosecution endorsed
thereon, forthwith to the clerk of said court; and the justice of the
peace, before whom the accused is brought for trial, shall inform him
seasonably of his right to demand a trial by jury. Provided, however,
that in Anne Arundel County the Circuit Court, sitting as a juvenile
court pursuant to Article 26, subtitle "Juvenile Causes," shall have
original and exclusive jurisdiction over any violation of this subtitle
by any person under eighteen (18) years of age, anything herein to
the contrary notwithstanding.] Jurisdiction over those minors who
are within the age of juvenile court jurisdiction is in the juvenile
court. However, if there is a waiver of juvenile jurisdiction with re-
spect to a minor who is otherwise subject to juvenile court jurisdic-
tion, then the, District Court has jurisdiction over the matter notwith-
standing any provision of Article 26, § 145(b) (2) (iii) to the con-
trary.

§ 406C. Refusal to furnish proof of identification and age to police
officer.

In Worcester County and in Anne Arundel County for the purposes
of the enforcement of §§ 400 through 406C of this article, when any
duly constituted police officer is engaged in the discharge of his
duty and he has reason to believe that a person is under the age of
21 years it shall be unlawful for such person if above the age of
juvenile court jurisdiction to fail or refuse to furnish proof of his
identification and age upon demand for the same by said duly con-