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§ 4-302. Exceptions to jurisdiction

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2009

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 4. District Court--Jurisdiction (Refs & Annos)
Subtitle 3. Criminal Jurisdiction (Refs & Annos)
Effective: October 1, 2009
MD Code, Courts and Judicial Proceedings, § 4-302
§ 4-302. Exceptions to jurisdiction
Currentness
Criminal cases charging commission of a felony
(a) Except as provided in § 4-301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this subtitle, the District Court does not have jurisdiction to try a criminal case charging the commission of a felony.
Exclusive original jurisdiction of juvenile court
(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.
Compulsory public school attendance laws
(c) 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.
Concurrent jurisdiction with circuit court
(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) That is a felony, as provided in § 4-301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) 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 § 5-601 or § 5-620 of the Criminal Law Article.
(ii) A circuit court does have jurisdiction to try a case charging a violation of § 5-601 or § 5-620 of the Criminal Law Article 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.
Demands for jury trial
(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
3. The judge agrees not to increase the defendant's bond if an appeal is noted.
(iii) The State may not demand a jury trial.
Offenses outside District Court’s jurisdiction
(f)(1) Except as provided in Title 4, Subtitle 5 of the Family Law Article, the District Court does not have jurisdiction of an offense otherwise within the District Court's jurisdiction if a person is charged:
(i) With another offense arising out of the same circumstances but not within the District Court's jurisdiction; or
(ii) In the circuit court with an offense arising out of the same circumstances and within the concurrent jurisdictions of the District Court and the circuit court described under subsection (d) of this section.
(2) In the cases described under paragraph (1) of this subsection, the circuit court for the county has exclusive original jurisdiction over all the offenses.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1978, c. 566; Acts 1979, c. 229; Acts 1981, c. 608; Acts 1983, c. 203; Acts 1984, c. 664; Acts 1985, c. 478, § 1; Acts 1986, c. 5, § 1; Acts 1987, c. 11, § 1, c. 439; Acts 1988, c. 6, § 1; Acts 1988, c. 148; Acts 1989, c. 5, § 1; Acts 1991, c. 619; Acts 1992, c. 22, § 1; Acts 1995, c. 352, § 9, eff. June 1, 1995; Acts 1996, c. 649, § 1, eff. Oct. 1, 1996; Acts 1997, c. 372, § 1, eff. Oct. 1, 1997; Acts 1997, c. 373, § 1, eff. Oct. 1, 1997; Acts 1997, c. 441, § 1, eff. Oct. 1, 1997; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 691, § 1, eff. Oct. 1, 2000; Acts 2001, c. 29, § 5, eff. April 10, 2001; Acts 2001, c. 592, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 461, § 1, eff. Oct. 1, 2002; Acts 2002, c. 462, § 1, eff. Oct. 1, 2002; Acts 2002, c. 479, § 2, eff. Oct. 1, 2002; Acts 2002, c. 480, § 2, eff. Oct. 1, 2002; Acts 2002, c. 509, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2003, c. 56, § 1, eff. Oct. 1, 2003; Acts 2003, c. 57, § 1, eff. Oct. 1, 2003; Acts 2003, c. 377, § 1, eff. Oct. 1, 2003; Acts 2004, c. 549, § 1, eff. Oct. 1, 2004; Acts 2005, c. 283, § 1, eff. Oct. 1, 2005; Acts 2007, c. 340, § 1, eff. Oct. 1, 2007; Acts 2007, c. 341, § 1, eff. Oct. 1, 2007; Acts 2009, c. 510, § 1, eff. Oct. 1, 2009; Acts 2009, c. 511, § 1, eff. Oct. 1, 2009; Acts 2009, c. 636, § 1, eff. Oct. 1, 2009; Acts 2009, c. 637, § 1, eff. Oct. 1, 2009.
Formerly Art. 26, § 145.
MD Code, Courts and Judicial Proceedings, § 4-302, MD CTS & JUD PRO § 4-302
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document