S.B. 382                                                  VETOES

(f) The court may order a minor to be held in a juvenile facility pending a
determination under this section to waive jurisdiction over the case involving the minor to
the juvenile court.

Article - Courts and Judicial Proceedings

3-804.

(a)     The court has exclusive original jurisdiction over a child alleged to be
delinquent, in need of supervision, in need of assistance or who has received a citation for
a violation.

(b)     The court has exclusive original jurisdiction over proceedings arising under
the Interstate Compact on Juveniles.

(c)     The court has concurrent jurisdiction over proceedings against an adult for the
violation of § 3-831 of this subtitle. However, the court may waive its jurisdiction under
this subsection upon its own motion or upon the motion of any party to the proceeding, if
charges against the adult arising from the same incident are pending in the criminal court.
Upon motion by either the State's Attorney or the adult charged under § 3-831, the court
shall waive its jurisdiction, and the adult shall be tried in the criminal court according to
the usual criminal procedure.

(d)     The jurisdiction of the court is concurrent with that of the District Court in
any criminal case arising under the compulsory public school attendance laws of this
State.

(e)     The court does not have jurisdiction over:

(1) A child 14 years old or older alleged to have done an act which, if
committed by an adult, would be a crime punishable by death or life imprisonment, as
well as all other charges against the child arising out of the same incident, unless an order
removing the proceeding to the court has been filed under Article 27, §594A;

(1) A CHILD 14 YEARS OLD OR OLDER ALLEGED TO HAVE COMMITTED
ANY OF THE FOLLOWING CRIMES AS WELL AS ALL OTHER CHARGES AGAINST THE
CHILD ARISING OUT OF THE SAME INCIDENT, UNLESS AN ORDER REMOVING THE
PROCEEDING TO THE COURT HAS BEEN FILED UNDER ARTICLE 27, § 594A OF THE
CODE:

(I) ANY CRIME THAT IS PUNISHABLE BY DEATH OR LIFE
IMPRISONMENT;

(II) SECOND DEGREE RAPE;

(III) A SEXUAL OFFENSE IN THE SECOND OR THIRD DEGREE; OR

(IV) ASSAULT WITH INTENT TO COMMIT RAPE IN ANY DEGREE OR
A SEXUAL OFFENSE IN THE FIRST, SECOND, OR THIRD DEGREE;

- 3560 -