WILLIAM DONALD SCHAEFER, Governor                        S.B. 382

Section 3-804 and 3 806

Annotated Code of Maryland

(1989 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - 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(e)(1), (4), [or (5)] (5), (6), (7), OR (8)
(6), OR (7) OR (4) of the Courts and Judicial Proceedings 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 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(e)(1), (4), [or] (5), (6), (7), OR (8) (6), OR
(7) OR (4) of the Courts and Judicial Proceedings Article; -for}

(3)     THE CHILD WAS CONVICTED IN ANOTHER UNRELATED CASE IN
WHICH THE JUVENILE COURT WAIVED JURISDICTION UNDER § 3-817 OF THE
COURTS AND JUDICIAL PROCEEDINGS ARTICLE; OR

(4)     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.

(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.

(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.

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

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