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2000 LAWS OF MARYLAND
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Ch. 392
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Article 27 - Crimes and Punishments
594A.
(a) In this section, "victim" has the meaning stated in [§ 3-801 of the Courts
Article] § 770 OF THIS ARTICLE.
(b) In any case, except as provided in subsection (c) of this section, 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) 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.
(c) The court may not transfer a case to the juvenile court under subsection (b)
of this section 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)(l) or (4) of the Courts and Judicial
Proceedings Article; or
(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.
(d) 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.
(e) For the purpose of making its determination, the court may request that a
study concerning the child, the child's family, the child's environment, and other
matters relevant to the disposition of the case be made.
(f) If the jurisdiction is waived, the court may order the person held for trial
under the regular procedures of the juvenile court.
(g) 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.
(h) (1) (i) A victim may submit a victim impact statement to the court as
provided in § 781 of this article.
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