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H.B. 974
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VETOES
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(c) The court may not transfer a case to the juvenile court under subsection (b)
of this section if:
(1) the child previously has been transferred to juvenile court and
adjudicated delinquent;
(2) the child was convicted in an unrelated case excluded from the
jurisdiction of the juvenile court under § 3-8A-03(d)(l) or (4) of the Courts Article; or
(3) the alleged crime is murder in the first degree and the accused child
was 16 or 17 years of age when the alleged crime was committed.
(d) In determining whether to transfer jurisdiction under SUBSECTION (B) OF
this section, the court shall consider:
(1) the age of the child;
(2) the mental and physical condition of the child;
(3) the amenability of the child to treatment in an institution, facility, or
program available to delinquent children;
(4) the nature of the alleged crime; and
(5) the public safety.
(e) In making a determination under this section, the court may order that a
study be made concerning the child, the family of the child, the environment of the
child, and other matters concerning the disposition of the case.
(f) The court shall make a transfer determination within 10 days after the
date of a transfer hearing.
(g) If the court transfers its jurisdiction under this section, the court may
order the child held for an adjudicatory hearing under the regular procedure of the
juvenile court.
(h) (1) Pending a determination under this section to transfer its
jurisdiction, the court may order a child to be held in a secure juvenile facility.
(2) A hearing on a motion requesting that a child be held in a juvenile
facility pending a transfer determination shall be held not later than the next court
day, unless extended by the court for good cause shown.
(i) (1) A victim or victim's representative shall be given notice of the
transfer hearing as provided under § 11-104 of this article.
(2) (i) A victim or a victim's representative may submit a victim
impact statement to the court as provided in § 11-402 of this article.
(ii) This paragraph does not preclude a victim or victim's
representative who has not filed a notification request form under § 11-104 of this
article from submitting a victim impact statement to the court.
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- 5284 -
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