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Session Laws, 1974
Volume 713, Page 2370   View pdf image
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2370                                          LAWS OF MARYLAND                      [Ch. 691

committed by an [adult] A PERSON WHO IS NOT A CHILD,
would be punishable by death or life imprisonment.

(c) 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 ALLEGED offense; and
(5) The public safety.

(e) If the jurisdiction is waived, the court may
order the [child or minor] PERSON held for trial under
the regular procedures of the court which would have
jurisdiction over the offense if committed by [an adult]
A PERSON WHO IS NOT A CHILD.

REVISOR'S NOTE: In §§3-816(b)(2) and 3-816(e) the
phrase "a person who is not a child" is
proposed for substitution for the word "adult"
on the recommendation of the Juvenile Services
Administration, in order to bring the language
into conformity with §3—801(j). Also on the
recommendation of the Department, the word
"alleged" is inserted before the word
"offense" in subsection (c). In subsection
(e) the phrase "child or minor" is proposed
for repeal and the word "person" substituted
on the recommendation of the Juvenile Services
Administration, given the definition of child
in §3-801 (e).

[[3-817. [order waiving jurisdiction] WAIVER ORDER
interlocutory; waiver of jurisdiction after summary
review.

An order waiving jurisdiction is interlocutory. If,
subsequently, any [minor] CHILD with respect to whore the
court has waived jurisdiction under this section is
alleged to be a delinquent child the court may waive
jurisdiction after summary review.]]

REVISOR'S NOTE: The word "minor" is proposed for
repeal and "child" substituted in light of the
definition of "child" in §3-801(e).

3-819.

 

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Session Laws, 1974
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