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Session Laws, 1973, Special Session
Volume 710, Page 178   View pdf image
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178                                       LAWS OF MARYLAND                            [Ch. 2

ORIGINAL JURISDICTION OVER ALL THE OFFENSES.

REVISOR'S NOTE: This section is new language.
Subsection (a) of §4-302 states the
general rule that the District Court lacks
jurisdiction to try felonies, except as
expressly provided in §4-301. This also
picks up the felony exception in Art. 26,
§145{b)(1), as amended by Ch. 129, H.B.
113, Acts of 1973.

Subsection (b) picks up the juvenile causes
exception contained in Art. 26, §145(b).
Since the basic criminal jurisdiction of
the District Court begins at age 18, it
would not normally have jurisdiction over
juvenile offenders. Juvenile courts
normally do not have jurisdiction over
motor vehicle offenders who are 16 or over
(Art. 26, §70-2 (d) (2) ), hence the District
Court has criminal jurisdiction in this
area, except with respect to the specific
serious motor vehicle offenses reserved to
the circuit court. Waiver of juvenile
jurisdiction is handled in §4—303.

Subsection (c) covers what is now the first
sentence of Art. 26, §145(b){4), which is
also proposed for repeal. The definition
of "circuit court" in §4-101(b) makes it
unnecessary to refer to the Criminal Court
of Baltimore.

Subsection (d) covers Art. 26,
§145(b) (5) (ii) , which is also proposed for
repeal.

Subsection (e) covers the second sentence
of Art. 26, §145(b)(4), which is also
proposed for repeal. The exception
pertaining to subtitle 5 is intended to
cover unusual situations involving juvenile
causes in Montgomery County, such as that
described in §4—507.

SEC. 4-303. JURISDICTION OVER PERSONS TRIABLE IN
JUVENILE COURT DESPITE THE AGE LIMIT CONTAINED IN
§4-301.

THE DISTRICT COURT HAS JURISDICTION OVER A PERSON

 

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Session Laws, 1973, Special Session
Volume 710, Page 178   View pdf image
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