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PARRIS N. GLENDENING, Governor S.B. 420
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(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.
(ii) This paragraph does not preclude a victim who has not filed a
notification request form under § 770 of this article from submitting a victim impact
statement to the court.
(iii) The court may consider a victim impact statement in
determining whether to waive jurisdiction under this section.
(2) A victim shall be given notice of the waiver hearing as provided under
§ 770 of this article.
770.
(a) (2) (I) "Victim" means an individual who suffers direct or threatened
physical, emotional, or financial harm as a direct result of a crime or delinquent act[,
including a family member or guardian of a minor, incompetent, or homicide victim].
(II) "VICTIM" INCLUDES A FAMILY MEMBER OR GUARDIAN OF A
VICTIM WHO IS:
1. A MINOR;
2. DECEASED; OR
3. DISABLED.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2000.
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- 3863 -
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