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§ 3-8A-03. Jurisdiction of court

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: April 5, 2018

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: April 5, 2018
MD Code, Courts and Judicial Proceedings, § 3-8A-03
§ 3-8A-03. Jurisdiction of court
Exclusive original jurisdiction over delinquent children or children in need of supervision
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over:
(1) A child who is alleged to be delinquent or in need of supervision or who has received a citation for a violation;
(2) Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and
(3) Proceedings arising under the Interstate Compact on Juveniles.
Concurrent jurisdiction over proceedings against an adult
(b) The court has concurrent jurisdiction over proceedings against an adult for the violation of § 3-8A-30 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State's Attorney or the adult charged under § 3-8A-30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure.
Concurrent jurisdiction relating to compulsory public school attendance laws
(c) The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.
Jurisdiction relating to acts punishable by life imprisonment
(d) The court does not have jurisdiction over:
(1) A child at least 14 years old alleged to have done an act which, if committed by an adult, would be a crime punishable by life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the following crimes, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3-403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3-307(a)(1) of the Criminal Law Article;
(viii) A crime in violation of § 5-133, § 5-134, § 5-138, or § 5-203 of the Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and in relation to a drug trafficking crime under § 5-621 of the Criminal Law Article;
(x) Use of a firearm under § 5-622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3-405 of the Criminal Law Article;
(xii) Assault in the first degree under § 3-202 of the Criminal Law Article;
(xiii) Attempted murder in the second degree under § 2-206 of the Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3-310 of the Criminal Law Article;
(xv) Attempted robbery under § 3-403 of the Criminal Law Article; or
(xvi) A violation of § 4-203, § 4-204, § 4-404, or § 4-405 of the Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is subsequently alleged to have committed an act that would be a felony if committed by an adult, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article; or
(6) A peace order proceeding in which the victim, as defined in § 3-8A-01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4-501 of the Family Law Article.
Exclusive jurisdiction relating to violations of Maryland Vehicle Law by children
(e) If the child is charged with two or more violations of the Maryland Vehicle Law,1 another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the charges.

Credits

Added as Courts and Judicial Proceedings § 3-804 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 691, § 8; Acts 1975, c. 554, §§ 1, 3; Acts 1977, c. 489; Acts 1977, c. 765, § 23; Acts 1979, c. 348; Acts 1979, c. 558; Acts 1980, c. 377; Acts 1982, c. 844; Acts 1984, c. 664; Acts 1985, c. 10, § 3; Acts 1986, c. 790; Acts 1986, c. 855; Acts 1994, c. 641, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 12, eff. March 7, 1995; Acts 1996, c. 595, § 1, eff. Oct. 1, 1996; Acts 1996, c. 596, § 1, eff. Oct. 1, 1996; Acts 1996, c. 632, § 1, eff. Oct. 1, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1997, c. 496, § 1, eff. Oct. 1, 1997; Acts 1998, c. 464, § 1, eff. Oct. 1, 1998; Acts 1998, c. 465, § 1, eff. Oct. 1, 1998; Acts 2000, c. 288, § 1, eff. Oct. 1, 2000; Acts 2000, c. 404, § 1, eff. Oct. 1, 2000; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001. Renumbered as Courts and Judicial Proceedings § 3-8A-03 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2009, c. 525, § 1, eff. Oct. 1, 2009; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2017, c. 62, § 6; Acts 2018, c. 12, § 1, eff. April 5, 2018.
Formerly Art. 26, §§ 70-2, 94.

Editors' Notes

VALIDITY
<For validity of section, see Graham v. Florida, 130 S.Ct. 2011.>
HISTORICAL AND STATUTORY NOTES
1996 Legislation
Acts 1996, c. 595, §§ 4 and 5, and Acts 1996, c. 596, §§ 4 and 5, provide:
“SECTION 4. AND BE IT FURTHER ENACTED, That Sections 1 and 3 of this Act shall apply only to termination of parental rights proceedings and related adoption proceedings initiated on or after October 1, 1996.
“SECTION 5. AND BE IT FURTHER ENACTED, That all hearings to review the implementation of a permanency plan for a child committed under § 3-820(c)(1)(ii) of the Courts and Judicial Proceedings Article conducted on or after October 1, 1996 shall be conducted in accordance with the provisions of Section 2 of this Act. However, any review hearing scheduled prior to October 1, 1996 to occur on or after October 1, 1996 need not be rescheduled in accordance with the time frames established in Section 2 of this Act.”
Acts 1996, c. 632, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall only apply to offenses committed on or after the effective date of this Act and may not be construed to apply in any way to offenses committed before the effective date of this Act.”
2000 Legislation
Acts 2000, c. 288, rewrote subsec. (e)(4)(vi), which previously read, “Robbery with a dangerous or deadly weapon”; and rewrote subsec. (e)(4)(xvi), which previously read, “Attempted robbery with a dangerous or deadly weapon under Article 27, § 488 of the Code”.
Acts 2000, c. 288, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall only apply to offenses committed on or after the effective date of this Act and may not be construed to apply in any way to offenses committed before the effective date of this Act.”
Acts 2000, c. 404, added subsec. (a)(3); and added subsec. (e)(6).
2001 Legislation
Acts 2001, c. 35, § 1, made technical corrections to the Code.
Acts 2001, c. 415, § 6, rewrote subsecs. (a) and (b), which previously read:
“(a) The court has exclusive original jurisdiction over:
“(1) A child alleged to be delinquent, in need of supervision, in need of assistance or who has received a citation for a violation;
“(2) With respect to any child who is under the jurisdiction of the juvenile court and previously has been adjudicated a child in need of assistance, all termination of parental rights proceedings and related adoption proceedings; and
“(3) Except as provided in subsection (e)(6) of this section, a peace order proceeding in which the respondent is a child.
“(b) The court has exclusive original jurisdiction over proceedings arising under the Interstate Compact on Juveniles.”
Acts 2001, c. 415, § 6, also, redesignated former subsecs. (c) through (f) as subsecs. (b) through (e); in subsec. (b), in the first sentence, substituted “§ 3-8A-30” for “§ 3-831” and, in the third sentence, substituted “§ 3-8A-30 of this subtitle” for “§ 3-831”; and, in subsec. (d)(6), substituted “§ 3-8A-01(v)(1)(ii)” for “§ 3-801(x)(1)(ii)”.
Acts 2001, c. 415, § 7, provides:
“SECTION 7. AND BE IT FURTHER ENACTED, That this Act does not affect the validity of any proceeding pending on the effective date of this Act and does not affect the release, extinguishment, or alteration, wholly or partly, of any penalty, forfeiture, or liability, whether civil or criminal, which shall have occurred under any statute amended or repealed by this Act and such statute shall be treated as still remaining in force for the purpose of sustaining any and all proper actions for the enforcement of such penalty, forfeiture, or liability and any judgment, decree, or order that can be rendered in such action.”
2002 Legislation
Acts 2002, c. 213, § 6, throughout this section, corrected references to former Article 27 to be references to the Criminal Law Article; in subsec. (ix), deleted references to Art. 27, §§ 36B, 373, and 374; in subsec. (x), substituted “transporting a firearm” for “transporting of firearm”; in subsec. (xv), inserted “in the second degree under §3-310 of the Criminal Law Article”; and added subsec. (xvii).
2003 Legislation
Acts 2003, c. 17, § 1, in subsec. (d)(4)(ix), substituted “§ 5-133, § 5-134, § 5-138, or § 5-203 of the Public Safety Article” for “Article 27, § 445, § 446, or § 481C of the Code”.
2005 Legislation
Acts 2005, c. 25, § 12, in subsec. (d)(6), corrected a cross-reference.
2009 Legislation
Acts 2009, c. 525, § 1, repealed and reenacted subsec. (d) without amendment.
2013 Legislation
Acts 2013, c. 156, § 3, in subsec. (d)(1), substituted “life imprisonment” for “death or life imprisonment”.
2017 Legislation
Acts 2017, c. 62, § 6, in (d)(4)(xv), deleted a cross reference to a repealed statute.
2018 Legislation
Acts 2018, c. 12, § 1, in (d)(4), deleted (vii), redesignated (viii) through (xvii) as (vii) through (xvi), and in the new (xiv), deleted “or attempted sexual offense in the second degree under § 3-312 of the Criminal Law Article” following “§ 3-310 of the Criminal Law Article”. Prior to amendment, (d)(4)(vii) read:
“(vii) Second degree sexual offense under § 3-306(a)(1) of the Criminal Law Article;”

Footnotes

Transportation, § 11-101 et seq.
MD Code, Courts and Judicial Proceedings, § 3-8A-03, MD CTS & JUD PRO § 3-8A-03
Current through all legislation from the 2019 Regular Session of the General Assembly.
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