MARVIN MANDEL, Governor                                       179

WHO IS BROUGHT BEFORE A COURT SITTING AS A JUVENILE
COURT IF:

(1)   THE JUVENILE COURT WAIVES JURISDICTION
OR THE PERSON ELECTS TO BE TRIED ACCORDING TO THE
REGULAR CRIMINAL PROCEDURE; AND

(2)   THE OFFENSE CHARGED IS WITHIN THE
JURISDICTION CONFERRED BY §4-301.

REVISOR'S NOTE: Sec. 4-303 is new language. It
makes clear that if there is a waiver of
juvenile jurisdiction under §3—816(e),
formerly Art. 26, §70-16, the District
Court has criminal jurisdiction if the
offense is within its ordinary statutory
jurisdiction, even though the person
charged is under the normal minimum age for
District Court defendants. This is the
construction contained in Op. Atty. Gen.

10/14/71, Daily Record, 10/20/71. The

rule has been embodied in a few statutes,
such as Art. 2B, §§118(p), 180, and 183,
and Art. 27, §§406B and 406C, all as
enacted by Ch. 181, Acts of 1972. The
section also provides for the person within
juvenile jurisdiction under Art. 26,
§70-2 (a) (7) but who elects a regular
criminal trial under §70-2(e)(3).

SEC. 4-304. PRELIMINARY HEARINGS.

THE DISTRICT COURT HAS JURISDICTION TO CONDUCT A
PRELIMINARY HEARING IN A FELONY CASE TO DETERMINE IF
THE DEFENDANT SHOULD BE HELD FOR ACTION OF THE GRAND
JORY OR IF CHARGED BY INFORMATION, FOR TRIAL IN THE
APPROPRIATE COURT.

REVISOR'S NOTE: Sec. 4-304 is new language
derived from Art. 26, §145(b)(3), as
amended by Ch. 840, H.B. 1105, Acts of
1973. Art. 26, §145(b) (3) is proposed for
repeal, as it has been redrafted to meet
style guidelines.

SUBTITLE 4. CIVIL JURISDICTION.

SEC. 4-401. EXCLUSIVE ORIGINAL JURISDICTION.