MARVIN MANDEL, Governor                                       1

In subsection (b) the reference      to

particular laws is substituted for        a

general reference to Articles 14B, 66c,    and
66 1/2, for the purpose of clarity.

The only other changes made are in style.

SEC. 3-816. WAIVER OF JUVENILE JURISDICTION; FACTORS
TO BE CONSIDERED.

(A)   IN GENERAL.

AFTER A PETITION ALLEGING DELINQUENCY IS FILED
AND BEFORE THE ADJUDICATORY HEARING, BUT AFTER THE
NOTICE PRESCRIBED BY THE MARYLAND RULES, THE COURT MAY
HOLD A WAIVER HEARING AND WAIVE THE EXCLUSIVE
JURISDICTION CONFERRED BY §3-804.

(B)   LIMITATIONS ON WAIVER.

ANYTHING TO THE CONTRARY NOTWITHSTANDING,
JURISDICTION MAY ONLY BE WAIVED ON:

(1)   A CHILD 14 YEARS OLD OR OLDER; OR

(2)   A CHILD WHO HAS NOT REACHED HIS 14TH
BIRTHDAY, AND WHO IS CHARGED WITH COMMITTING AN ACT
WHICH, IF COMMITTED BY AN ADULT, WOULD BE PUNISHABLE
BY DEATH OR LIFE IMPRISONMENT.

(C)   FACTORS TO BE CONSIDERED.

IN MAKING A DETERMINATION AS TO WAIVER OF
JURISDICTION THE COURT SHALL CONSIDER THE FOLLOWING:

(1)   AGE OF CHILD;

(2)    MENTAL AND PHYSICAL CONDITION OF
CHILD;

(3)    THE CHILD'S AMENABILITY TO TREATMENT
IN ANY INSTITUTION, FACILITY, OR PROGRAM AVAILABLE TO
DELINQUENTS;

(4)   THE NATURE OF THE OFFENSE; AND

(5)   THE PUBLIC SAFETY.

(D)   COURT MAY BEQUEST STUDY.

FOR THE PURPOSE OF MAKING ITS DETERMINATION, THE