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S.B. 559 VETOES
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(b) Except as provided in § 4-303 of this subtitle, the District Court does not
have criminal jurisdiction to try a case in which a juvenile court has exclusive original
jurisdiction.
(e) The jurisdiction of the District Court is concurrent with that of the juvenile
court in any criminal case arising under the compulsory public school attendance
laws of this State.
(d) (1) Except as provided in paragraph (2) of this subsection, the
jurisdiction of the District Court is concurrent with that of the circuit court in a
criminal case:
(i) In which the penalty may be confinement for 3 years or more or
a fine of $2,500 or more; or
(ii) Which is a felony, as provided in § 4-301(b)(3), (6), (7), (8), (9),
(10), (11), (12), (13), (14), (15), and (16) of this subtitle.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a
circuit court does not have jurisdiction to try a case charging a violation of Article 27,
§ 287 of the Code.
(ii) A circuit court does have jurisdiction to try a case charging a
violation of Article 27, § 287 of the Code if the defendant:
1. Properly demands a jury trial;
2. Appeals as provided by law from a final judgment entered
in the District Court; or
3. Is charged with another offense arising out of the same
circumstances that is within a circuit court's jurisdiction.
(e) (1) The District Court is deprived of jurisdiction if a defendant is entitled
to and demands a jury trial at any time prior to trial in the District Court.
(2) (i) Except as provided in subparagraph (ii) of this paragraph,
unless the penalty for the offense with which the defendant is charged permits
imprisonment for a period in excess of 90 days, a defendant is not entitled to a jury
trial in a criminal case.
(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, the presiding judge of the District Court may deny a defendant a jury trial
if:
1. The prosecutor recommends in open court that the judge
not impose a penalty of imprisonment for a period in excess of 90 days, regardless of
the permissible statutory or common law maximum;
2. The judge agrees not to impose a penalty of imprisonment
for a period in excess of 90 days; and
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- 4688 -
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