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Ch. 404
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PARRIS N. GLENDENING, Governor
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(6) A PEACE ORDER PROCEEDING IN WHICH THE VICTIM, AS DEFINED IN
§ 3-801(X)(1)(II) OF THIS SUBTITLE, IS A PERSON ELIGIBLE FOR RELIEF, AS DEFINED
IN § 4-501 OF THE FAMILY LAW ARTICLE.
3-805.
(a) If a person is alleged to be delinquent, the age of the person at the time the
alleged delinquent act was committed controls the determination of jurisdiction under
this subtitle.
(B) IF A PERSON IS ALLEGED TO HAVE COMMITTED AN ACT UNDER § 3-820.1(B)
OF THIS SUBTITLE, THE AGE OF THE PERSON AT THE TIME THE ALLEGED ACT WAS
COMMITTED CONTROLS THE DETERMINATION OF JURISDICTION UNDER THIS
SUBTITLE.
[(b)] (C) In all other cases the age of the child at the time the petition is filed
controls the determination of jurisdiction under this subtitle.
[(c)] (D) In a delinquency proceeding there is no presumption of incapacity as
a result of infancy for a child who is at least 7 years old.
3-808.
(a) If a petition alleges that a child is in need of assistance or in need of
supervision, the petition shall be filed in the county where the child resides.
(b) If delinquency or violation of § 3-831 is alleged or if a citation is issued, the
petition, if any, or the citation shall be filed in the county where the alleged act
occurred subject to transfer as provided in § 3-809.
(C) A PEACE ORDER REQUEST SHALL BE FILED IN THE COUNTY WHERE THE
ALLEGED ACT OCCURRED SUBJECT TO TRANSFER AS PROVIDED IN § 3-809 OF THIS
SUBTITLE.
[(c)] (D) If the alleged delinquent act is escape or attempted escape from a
training school or similar facility operated by the Department of Juvenile Justice, the
petition, if any, shall be filed and the adjudicatory hearing held in the county where
the alleged escape or attempted escape occurred unless the court in the county of the
child's domicile requests a transfer. For purposes of the disposition hearing,
proceedings may be transferred as provided in § 3-809 to the court exercising
jurisdiction over the child at the time of the alleged act.
3-809.
(a) (1) If a petition, PEACE ORDER REQUEST, or citation is filed in a county
other, than the county where the child is living or domiciled, the court on its own
motion or on motion of a party, may transfer the proceedings to the county of
residence or domicile at any time prior to final termination of jurisdiction, except that
the proceedings may not be transferred until after an adjudicatory hearing if the
allegation is escape or attempted escape from a training school or similar facility
operated by the Department of Juvenile Justice.
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- 2207 -
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