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ROBERT L. EHRLICH, JR., Governor
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Ch. 446
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Article—Criminal Procedure
4-202.
(b) Except as provided in subsection (e) of this section, a court exercising
criminal jurisdiction in a case involving a child may transfer the case to the juvenile
court before trial or before a plea is entered under Maryland Rule 4-242 if:
(1) the accused child was at least 14 but not 18 years of age when the
alleged crime was committed;
(2) the alleged crime is excluded from the jurisdiction of the juvenile
court under § 3-8A-03(d)(1), (4), or (5) of the Courts Article; and
(3) the court determines by a preponderance of the evidence that a
transfer of its jurisdiction is in the interest of the child or society.
(A) DURING THE TRIAL OF A CRIMINAL CASE IN WHICH THE DEFENDANT IS
CHARGED WITH A FELONIOUS VIOLATION OF TITLE 5 OF THE CRIMINAL LAW
ARTICLE OR WITH THE COMMISSION OF A CRIME OF VIOLENCE AS DEFINED IN §
14-101 OF THE CRIMINAL LAW ARTICLE, A STATEMENT AS DEFINED IN MARYLAND
RULE 5-801(A) IS NOT EXCLUDED BY THE HEARSAY RULE IF THE STATEMENT IS
OFFERED AGAINST A PARTY THAT HAS ENGAGED IN, DIRECTED, OR CONSPIRED TO
COMMIT WRONGDOING THAT WAS INTENDED TO AND DID PROCURE THE
UNAVAILABILITY OF THE DECLARANT OF THE STATEMENT, AS DEFINED IN
MARYLAND RULE 5-804.
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, BEFORE ADMITTING A
STATEMENT UNDER THIS SECTION, THE COURT SHALL HOLD A HEARING OUTSIDE
THE PRESENCE OF THE JURY AT WHICH:
(1) THE MARYLAND RULES OF EVIDENCE ARE STRICTLY APPLIED; AND
(2) THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE
PARTY AGAINST WHOM THE STATEMENT IS OFFERED ENGAGED IN, DIRECTED, OR
CONSPIRED TO COMMIT THE WRONGDOING THAT PROCURED THE UNAVAILABILITY
OF THE DECLARANT.
(C) A STATEMENT MAY NOT BE ADMITTED UNDER THIS SECTION UNLESS:
(1) THE STATEMENT WAS:
(I) GIVEN UNDER OATH SUBJECT TO THE PENALTY OF PERJURY
AT A TRIAL, HEARING, OR OTHER PROCEEDING OR IN A DEPOSITION;
(II) REDUCED TO WRITING AND SIGNED BY THE DECLARANT; OR
(III) RECORDED IN SUBSTANTIALLY VERBATIM FASHION BY
STENOGRAPHIC OR ELECTRONIC MEANS CONTEMPORANEOUSLY WITH THE MAKING
OF THE STATEMENT; AND
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