|
MARVIN MANDEL, Governor
2675
HEAR JUVENILE CAUSES SHALL BE THOSE WHO
(1) DESIRE TO BE SO ASSIGNED;
(2) HAVE THE TEMPERAMENT NECESSARY TO DEAL
PROPERLY WITH THE CASES AND CHILDREN LIKELY TO COME
BEFORE THE COURT; AND
(3) HAVE SPECIAL EXPERIENCE OR TRAINING IN
JUVENILE CAUSES AND THE PROBLEMS OF CHILDREN LIKELY TO
COME BEFORE THE COURT.
3-804. JURISDICTION OF COURT.
(A) THE COURT HAS EXCLUSIVE ORIGINAL JURISDICTION
OVER A CHILD ALLEGED TO BE DELINQUENT, IN NEED OF
SUPERVISION, OR IN NEED OF ASSISTANCE.
(B) THE COURT HAS EXCLUSIVE ORIGINAL JURISDICTION
OVER PROCEEDINGS ARISING UNDER THE INTERSTATE COMPACT ON
JUVENILES.
(C) THE COURT HAS EXCLUSIVE ORIGINAL JURISDICTION
OVER PROCEEDINGS AGAINST AN ADULT FOR THE VIOLATION OF
§3-831 OF THIS SUBTITLE. HOWEVER, THE COURT MAY WAIVE ITS
JURISDICTION UNDER THIS SUBSECTION UPON ITS OWN MOTION OR
UPON THE MOTION OF ANY PARTY TO THE PROCEEDING, IF
CHARGES AGAINST THE ADULT ARISING FROM THE SAME INCIDENT
ARE PENDING IN THE CRIMINAL COURT. UPON MOTION BY AN
ADULT CHARGED UNDER §3-831, THE COURT SHALL WAIVE [[IT]]
ITS JURISDICTION, AND THE ADULT SHALL BE TRIED IN THE
CRIMINAL COURT ACCORDING TO THE USUAL CRIMINAL PROCEDURE.
(D) THE COURT DOES NOT HAVE JURISDICTION OVER:
(1) A CHILD 14 YEARS OLD OR OLDER ALLEGED TO
HAVE DONE AN ACT WHICH, IF COMMITTED BY AN ADULT, WOULD
BE A CRIME PUNISHABLE BY DEATH OR LIFE IMPRISONMENT, AS
WELL AS ALL OTHER CHARGES AGAINST THE CHILD ARISING OUT
OF THE SAME INCIDENT, UNLESS AN ORDER REMOVING THE
PROCEEDING TO THE COURT HAS BEEN FILED PURSUANT TO §594A
OF ARTICLE 27;
(2) A CHILD 16 YEARS OLD OR OLDER ALLEGED TO
HAVE DONE AN ACT IN VIOLATION OF ANY PROVISION OF THE
STATE VEHICLE LAW OR ANY OTHER TRAFFIC LAW OR ORDINANCE
EXCEPT WHEN THE CHARGE IS MANSLAUGHTER BY AUTOMOBILE,
POSSESSION OF A STOLEN MOTOR VEHICLE, UNAUTHORIZED USE OR
OCCUPANCY OF A MOTOR VEHICLE, TAMPERING WITH A MOTOR
VEHICLE, OR DRIVING WHILE IMPAIRED OR UNDER THE INFLUENCE
OF ALCOHOL OR DRUGS;
(3) A CHILD 16 YEARS OLD OR OLDER ALLEGED TO
HAVE DONE AN ACT IN VIOLATION OF ANY PROVISION OF LAW,
|