MARVIN MANDEL, Governor                                      187

§76 (a) is proposed for repeal.

SEC- 4-505. JURISDICTION OVER ADULTS.

(A)   IN GENERAL.

THE COURT HAS ORIGINAL JURISDICTION IN
PROCEEDINGS UNDER §4-526 OF THIS TITLE AGAINST AN
ADULT CHARGED WITH WILLFULLY CONTRIBUTING TO,
ENCOURAGING, OR TENDING TO CAUSE BY ANY ACT OR
OMISSION ANY CONDITION WHICH WOULD BRING A CHILD
WITHIN THE PROVISIONS OF THIS SUBTITLE.

(B)   ELECTION BY ADULT.

THE DEFENDANT MAY ELECT TO BE TRIED EITHER IN THE
JUVENILE COURT OR IN THE CRIMINAL COURT ACCORDING TO
THE USUAL CRIMINAL PROCEDURE.

(C)   COURT MAY WAIVE JURISDICTION.

THE COURT MAY WAIVE JURISDICTION UNDER THIS
SECTION AND REFER THE CASE TO THE STATE'S ATTORNEY FOR
APPROPRIATE ACTION.

REVISOR'S NOTE: This section presently appears as
Art. 26, §76(d). A portion of §79 appears
as new language in subsection (c). The
only other changes made are in style.

SEC. 4-506. [[JUDGE]] COURT MAY WAIVE JURISDICTION.

(A)   CONDITIONS FOR WAIVER.

AFTER A FOIL INVESTIGATION, THE [[JUDGE]] COURT
MAY WAIVE JURISDICTION IF:

(1)   A CHILD 16 YEARS OLD OR OLDER IS
CHARGED WITH COMMITTING AN ACT WHICH WOULD AMOUNT TO A
MISDEMEANOR OR A FELONY IF COMMITTED BY AN ADULT; OR

(2)   A CHILD UNDER THE AGE OF 14 IS CHARGED
WITH COMMITTING AN ACT WHICH WOULD BE PUNISHABLE BY
DEATH OR LIFE IMPRISONMENT IF COMMITTED BY AN ADULT.

(B)   PROSECUTION AFTER WAIVER.

IF [[A JUDGE]] THE COURT WAIVES JURISDICTION
UNDER THIS SECTION, HE SHALL ORDER THE CHILD PROCEEDED