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PARRIS N. GLENDENING, Governor
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H.B. 974
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(iii) The court shall consider a victim impact statement in
determining whether to transfer jurisdiction under this section.
(j) At a bail review or preliminary hearing before the District Court involving
a child whose case is eligible for transfer under [subsections (b)(1) and (2) and (c)]
SUBSECTION (B) of this section, the District Court may order that a study be made
under the provisions of subsection (e) of this section, or that the child be held in a
secure juvenile facility under the provisions of subsection (h) of this section,
regardless of whether the District Court has criminal jurisdiction over the case.
4-202.2.
(A) AT SENTENCING, A COURT EXERCISING CRIMINAL JURISDICTION IN A
CASE INVOLVING A CHILD SHALL DETERMINE WHETHER TO TRANSFER
JURISDICTION TO THE JUVENILE COURT IF;
(1) AS A RESULT OF TRIAL OR A PLEA ENTERED UNDER MARYLAND
RULE 4-242, ALL CHARGES THAT EXCLUDED JURISDICTION FROM THE JUVENILE
COURT UNDER § 3-8A-03(D)(1) OR (4) OF THE COURTS ARTICLE DO NOT RESULT IN A
FINDING OF GUILTY; AND
(2) (I) PRETRIAL TRANSFER WAS PROHIBITED UNDER § 4-202(C)(3) OF
THIS SUBTITLE; OR
(II) THE COURT DID NOT TRANSFER JURISDICTION AFTER A
HEARING UNDER § 4-202(B) OF THIS SUBTITLE.
(B) IN DETERMINING WHETHER TO TRANSFER JURISDICTION UNDER
SUBSECTION (A) 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 CHILD'S ACTS AS PROVEN IN THE TRIAL OR
ADMITTED TO IN A PLEA ENTERED UNDER MARYLAND RULE 4-242; AND
(5) PUBLIC SAFETY.
(C) THE COURT MAY NOT CONSIDER TRANSFERRING JURISDICTION TO THE
JUVENILE COURT UNDER THIS SECTION IF:
(1) UNDER THE TERMS OF A PLEA AGREEMENT ENTERED UNDER
MARYLAND RULE 4-243, THE CHILD AGREES THAT JURISDICTION IS NOT TO BE
TRANSFERRED; OR
(2) PRETRIAL TRANSFER WAS PROHIBITED UNDER § 4-202(C)(1) OR (2) OF
THIS SUBTITLE.
(D) (1) A VICTIM OR VICTIM'S REPRESENTATIVE SHALL BE GIVEN NOTICE OF
THE TRANSFER HEARING AS PROVIDED UNDER § 11-104 OF THIS ARTICLE.
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- 5285 -
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