HARRY HUGHES, Governor

3043

Article 21 - Crimes and Punishments
594A.

(a) In any case,, EXCEPT AS PROVIDED IN SUBSECTION (B),

involving a child who has reached 14 years of age but has
not reached 18 years of age at the time of any alleged
offense excluded under the provisions of § 3-804 (d) (1) or
(d) (4) of the Courts Article, the court exercising
jurisdiction may transfer the case to the juvenile court if
a waiver is believed to be in the interests of the child or
society.

(B) THE COURT MAY NOT TRANSFER A CASE TO THE JUVENILE
COURT UNDER SUBSECTION (A) IF:

(1)  THE CHILD WAS A DEFENDANT IN ANOTHER THE
CHILD HAS PREVIOUSLY . BEEN WAIVED TO JUVENILE COURT AND

ADJUDICATED DELINQUENT;

(2)  THE CHILD WAS CONVICTED IN ANOTHER UNRELATED
CASE EXCLUDED FROM THE JURISDICTION OF THE JUVENILE COURT
UNDER § 3-804 (D)(1) OR (D)(4); OR

(2) (3) THE ALLEGED OFFENSE IS MURDER IN THE
FIRST DEGREE AND THE ACCUSED CHILD IS 16 OR 17 AT THE TIME
THE ALLEGED OFFENSE WAS COMMITTED.

[(b)] (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.

[(c)] (D) For the purpose of making its determination,
the court may request that a study concerning the child, his
family, his environment, and other matters relevant to the
disposition of the case be made.

[(d)] (E) If the jurisdiction is waived, the court may
order the person held for trial under the regular procedures
of the juvenile court.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.