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§ 3-8A-23. Effect of adjudication and disposition of child

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: May 8, 2020

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: May 8, 2020
MD Code, Courts and Judicial Proceedings, § 3-8A-23
§ 3-8A-23. Effect of adjudication and disposition of child
Currentness
In general
(a)(1) An adjudication of a child pursuant to this subtitle is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(2) An adjudication and disposition of a child in which the child's driving privileges have been suspended may not affect the child's driving record or result in a point assessment. The State Motor Vehicle Administration may not disclose information concerning or relating to a suspension under this subtitle to any insurance company or person other than the child, the child's parent or guardian, the court, the child's attorney, a State's Attorney, or law enforcement agency.
(3) Subject to paragraph (4) of this subsection, an adjudication of a child as delinquent by reason of the child's violation of the State vehicle laws, including a violation involving an unlawful taking or unauthorized use of a motor vehicle under § 7-105 or § 7-203 of the Criminal Law Article or § 14-102 of the Transportation Article or driving an off-highway recreational vehicle on a highway under § 13-401(b) of the Transportation Article shall be reported by the clerk of the court to the Motor Vehicle Administration, which shall assess points against the child under Title 16, Subtitle 4 of the Transportation Article, in the same manner and to the same effect as if the child had been convicted of the offense.
(4)(i) An adjudication of a child as delinquent by reason of the child's violation of § 21-902 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child's violation of § 21-902 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration which shall suspend the child's license to drive as provided in § 16-206(b) of the Transportation Article:
1. For 1 year for a first adjudication as delinquent or finding of a delinquent act for a violation of § 21-902 of the Transportation Article; and
2. For 2 years for a second or subsequent adjudication as delinquent or finding of a delinquent act for a violation of § 21-902 of the Transportation Article.
(ii) In the case of a finding, without an adjudication, that a child has violated § 21-902 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16-117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment.
(5)(i) An adjudication of a child as delinquent by reason of the child's violation of § 13-401(b)(2), § 20-102, § 20-103, or § 21-904 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child's violation of § 13-401(b) of the Transportation Article for driving an off-highway recreational vehicle on a highway, or of § 20-102, § 20-103, or § 21-904 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration that shall suspend the child's license to drive as provided in § 16-206(b) of the Transportation Article:
1. For 6 months for a first adjudication as delinquent or finding of a delinquent act for a violation of § 13-401(b) of the Transportation Article for driving an off-highway recreational vehicle on a highway, or of § 20-102, § 20-103, or § 21-904 of the Transportation Article; and
2. For 1 year for a second or subsequent adjudication as delinquent or finding of a delinquent act for a violation of § 13-401(b) of the Transportation Article for driving an off-highway recreational vehicle on a highway, or of § 20-102, § 20-103, or § 21-904 of the Transportation Article.
(ii) In the case of a finding, without an adjudication, that a child has violated § 13-401(b) of the Transportation Article for driving an off-highway recreational vehicle on a highway, or of § 20-102, § 20-103, or § 21-904 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16-117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment.
Admissibility of adjudication and disposition of child
(b) An adjudication and disposition of a child pursuant to this subtitle are not admissible as evidence against the child:
(1) In any criminal proceeding prior to conviction;
(2) In any adjudicatory hearing on a petition alleging delinquency; or
(3) In any civil proceeding not conducted under this subtitle.
Admissibility of evidence given in proceedings
(c) Evidence given in a proceeding under this subtitle is not admissible against the child in any other proceeding in another court, except in a criminal proceeding where the child is charged with perjury and the evidence is relevant to that charge and is otherwise admissible.
Civil service employment
(d) An adjudication or disposition of a child under this subtitle shall not disqualify the child with respect to employment in the civil service of the State or any subdivision of the State.

Credits

Added as Courts and Judicial Proceedings § 3-824 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, c. 554, §§ 1, 3; Acts 1977, c. 765, § 23; Acts 1978, c. 814; Acts 1981, c. 275; Acts 1982, c. 844; Acts 1986, c. 742; Acts 1997, c. 393, § 1, eff. Oct. 1, 1997; Acts 1997, c. 451, § 1, eff. June 1, 1997. Renumbered as Courts and Judicial Proceedings § 3-8A-23 by Acts 2001, c. 415, § 1, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2006, c. 219, § 1, eff. Oct. 1, 2006; Acts 2006, c. 220, § 1, eff. Oct. 1, 2006; Acts 2009, c. 525, § 1, eff. Oct. 1, 2009; Acts 2013, c. 641, § 1, eff. Oct. 1, 2013; Acts 2020, c. 628, § 1, eff. May 8, 2020.
Formerly Art. 26, § 70-21.
MD Code, Courts and Judicial Proceedings, § 3-8A-23, MD CTS & JUD PRO § 3-8A-23
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.
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