H.B. 1113

VETOES

House Bill No. 1113

AN ACT concerning

Juvenile Causes - Open Hearings

FOR the purpose of requiring, with certain exceptions, that all juvenile court proceedings
in cases involving delinquent acts that would be felonies if committed by an adult be
conducted in open court; providing that the juvenile court may exclude certain
persons from these proceedings for good cause; providing that adjudications and
dispositions must be announced in open court except under certain circumstances;
and generally relating to the conduct of juvenile delinquency proceedings and the
confidentiality of juvenile records.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 3-812

Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

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

Article - Courts and Judicial Proceedings

3-812.

(a)     A petition shall allege that a child is either delinquent, or in need of
assistance, or in need of supervision. If it alleges delinquency, it shall set forth in clear
and simple language the alleged facts which constitute the delinquency, and shall also
specify the laws allegedly violated by the child. If it alleges that the child is in need of
assistance or in need of supervision, the petition shall set forth in clear and simple
language the alleged facts supporting that allegation.

(b)     Petitions alleging delinquency or violation of § 3-831 shall be prepared and
filed by the State's Attorney. A petition alleging delinquency shall be filed within 30 days
after the receipt of a referral from the intake officer, unless that time is extended by the
court for good cause shown. Petitions alleging that a child is in need of supervision shall
be filed by the intake officer. Petitions alleging that a child is in need of assistance shall
be filed by the local department. If the local department does not file the petition, the
person or agency that made the complaint to the local department may submit the denial
to the Department of Juvenile Justice Area Director for filing.

(c)     The form of petitions and all other pleadings, and except as otherwise
provided in this subtitle, the procedures to be followed by the court, shall be as specified
in the Maryland Rules.

(d)     The State's Attorney, upon assigning the reasons, may dismiss in open court a
petition alleging delinquency.

(e)     (1) The court shall conduct all hearings in an informal manner.

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