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MARVIN MANDEL, Governor 2327
(House Bill 866)
AN ACT concerning
Juvenile Causes — Waiver Hearings
FOR the purpose of requiring judges having juvenile
jurisdiction, at the time of the waiver hearing, to
address themselves to certain criteria used to
determine if waiver of jurisdiction is necessary.
BY repealing and reenacting, with amendments,
Article — Courts and Judicial Proceedings
Section 3-817(d)
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
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Preamble
WHEREAS, The Court of Special Appeals of Maryland
has held in the matter of Johnson 17 Md. App. 705 (1973)
that the Appellate Court has a right to determine vel non
that all five factors used to determine whether a waiver
of jurisdiction to a higher court is proper were actually
considered and properly weighed in relation to each other
and in relation to the legislative purpose embodied in
Section 70, now Section 3-802, Courts and Judicial
Proceedings; and
WHEREAS, Article 3—817(f) concerning juvenile
waivers or jurisdiction provides that an order waiving
jurisdiction is immediately appealable; and
WHEREAS, It would be in the interest of justice
and logic to have a record of the consideration of all
five factors to insure that a fair decision on the
preponderance of the evidence was made at the hearing and
to better enable a higher court to review the decision of
the lower court in appeal cases; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 3-817(d) of Article - Courts and
Judicial Proceedings, of the Annotated Code of Maryland
(1974 Volume and 1976 Supplement) be and it is hereby
repealed and reenacted, with amendments, to read as
follows:
Article — Courts and Judicial Proceedings
3-817.
(d) In making its determination, the court shall
consider the following CRITERIA INDIVIDUALLY AND IN
RELATION TO EACH OTHER ON THE RECORD:
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