150 LAWS OF MARYLAND [Ch. 2
COURT MAY REQUEST THAT A STUDY CONCERNING THE CHILD,
HIS FAMILY, HIS ENVIRONMENT, AND OTHER MATTERS
RELEVANT TO THE DISPOSITION OF THE CASE BE MADE.
(E) PROCEDURE WHEN JURISDICTION WAIVED.
IF THE JURISDICTION IS WAIVED, THE COURT MAY
ORDER THE CHILD OR MINOR HELD FOR TRIAL UNDER THE
REGULAR PROCEDURES OF THE COURT WHICH WOULD HAVE
JURISDICTION OVER THE OFFENSE IF COMMITTED BY AN
ADULT.
REVISOR'S NOTE: This section presently appears as
Art. 26, §70-16 (a), (b) , and (e) .
This section does not provide for a waiver
of jurisdiction as to persons charged under
§70-2 (a)(7). By contrast §79 (last
sentence) does explicitly provide that the
juvenile court in Montgomery County may
waive jurisdiction over adults and refer
the case to the State's attorney for
appropriate action. Somewhat similar
provisions appear in §98 (Minors without
proper care and guardianship). They
provide that the court "may order the
proceedings herein to be dismissed and
direct the State's attorney for Baltimore
City, or the county, as the case may be, to
take any and all needful steps to prosecute
such person in accordance with the laws of
the State concerning the commission of
crimes". Sec. 98 is proposed for repeal.
SEC. 3-817. FINALITY OF ORDER; TERMINATION OF
JURISDICTION; WAIVER AFTER SUMMARY REVIEW.
AN ORDER WAIVING JURISDICTION IS INTERLOCUTORY.
IF, SUBSEQUENTLY, ANY MINOR WITH RESPECT TO WHOM THE
COURT HAS WAIVER JURISDICTION UNDER THIS SECTION IS
ALLEGED TO BE A DELINQUENT CHILD THE COURT MAY WAIVE
JURISDICTION AFTER SUMMARY REVIEW.
REVISOR'S NOTE: This section presently appears as
Art. 26, §70-16(c). The provisions of
subsection (c) are separated from other
provisions of §70—16 for the purpose of
better organization. H.B. 409, Ch. 773,
Acts of 1973 amended this subsection to
provide that the order waiving jurisdiction
is interlocutory.
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