|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
H.B. 974
|
|
|
|
|
|
|
|
|
|
|
determination at sentencing as to whether to transfer the case to the juvenile
court under certain conditions; requiring the court to consider certain factors in
determining whether to transfer jurisdiction; prohibiting the court from
considering transferring jurisdiction to the juvenile court under certain
conditions; requiring that certain persons be given certain notice; requiring the
court to conduct a disposition under certain conditions; requiring that the record
of the hearing and of the disposition be transferred to the juvenile court under
certain conditions; and generally relating to certain juvenile defendants and the
transfer of cases from criminal court to juvenile court.
BY repealing and reenacting, with amendments,
Article - Criminal Procedure
Section 4-202
Annotated Code of Maryland
(2001 Volume)
BY adding to
Article - Criminal Procedure
Section 4-202.2
Annotated Code of Maryland
(2001 Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Criminal Procedure
4-202.
(a) (1) In this section the following words have the meanings indicated.
(2) "Victim" has the meaning stated in § 11-104 of this article.
(3) "Victim's representative" has the meaning stated in § 11-104 of this
article.
(b) Except as provided in subsection (c) of this section, a court exercising
criminal jurisdiction in a case involving a child may transfer the case to the juvenile
court BEFORE TRIAL OR BEFORE A PLEA IS ENTERED UNDER MARYLAND RULE 4-242
if:
(1) the accused child was at least 14 but not 18 years of age when the
alleged crime was committed;
(2) the alleged crime is excluded from the jurisdiction of the juvenile
court under § 3-8A-03(d)(1), (4), or (5) of the Courts Article; and
(3) the court [believes] DETERMINES BY A PREPONDERANCE OF THE
EVIDENCE that a transfer of its jurisdiction is in the interest of the child or society
|
|
|
|
|
|
|
|
- 5283 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|