HARRY HUGHES, Governor

2399

FOR the purpose of providing that a defendant in a criminal
case is not entitled to a jury trial under certain
circumstances; permitting the presiding judge of the
District Court to deny a defendant a jury trial under
certain circumstances; correcting errors; and
clarifying language.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 4-302

Annotated Code of Maryland

(1980 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Courts and Judicial Proceedings

4-302.

(a)  Except as provided in [§ 4-301 (2)] § 4-301(B)(2)
OF THIS SUBTITLE, the District Court does not have
jurisdiction to try a criminal case charging the commission
of a felony.

(b)  Except as provided in § 4-303 OF THIS SUBTITLE,
the District Court does not have criminal jurisdiction to
try a case in which a juvenile court has exclusive original
jurisdiction.

(c)  The jurisdiction of the District Court is
concurrent with that of the circuit court in a criminal
case:

(1)  In which the penalty may be confinement for
three years or more or a fine of $2,500 or more; or

(2)  Which is a felony, [referred to in Section
4-301(b)] AS PROVIDED IN § 4-301(B)(2) OF THIS SUBTITLE.

(d) (1) The District Court is deprived of jurisdiction
if a defendant is entitled to and demands a jury trial at
any time prior to trial in the District Court.

(2) [A defendant may demand a jury trial in a
criminal case if the penalty for the offense with which he
is charged permits imprisonment for a period in excess of 90
days; the State may not demand a jury trial.]

(I) EXCEPT AS PROVIDED IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH, UNLESS THE PENALTY FOR THE OFFENSE
WITH WHICH THE DEFENDANT IS CHARGED PERMITS IMPRISONMENT FOR
A PERIOD IN EXCESS OF 90 DAYS, A DEFENDANT IS NOT ENTITLED
TO A JURY TRIAL IN A CRIMINAL CASE.