WES MOORE, Governor Ch. 727
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Chapter 727
(House Bill 749)
AN ACT concerning
Juvenile Court – Concurrent Jurisdiction – Juvenile Offenses on Military
Installations
FOR the purpose of establishing that the jurisdiction of the juvenile court is concurrent
with that of a federal court sitting in the State over certain proceedings involving
violations of federal law by a child under certain circumstances; and generally
relating to the concurrent jurisdiction of the United States and the State over
juvenile offenses.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–03(a) and (b)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–03(c)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – General Provisions
Section 6–202
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–8A–03.
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
exclusive original jurisdiction over:
(1) A child:
(i) Who is at least 13 years old alleged to be delinquent; or
Ch. 727 2023 LAWS OF MARYLAND
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(ii) Except as provided in subsection (d) of this section, who is at least
10 years old alleged to have committed an act:
1. That, if committed by an adult, would constitute a crime
of violence, as defined in § 14–101 of the Criminal Law Article; or
2. Arising out of the same incident as an act listed in item 1
of this item;
(2) A child who is in need of supervision;
(3) A child who has received a citation for a violation;
(4) Except as provided in subsection (d)(6) of this section, a peace order
proceeding in which the respondent is a child; and
(5) Proceedings arising under the Interstate Compact on Juveniles.
(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.
(c) (1) 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.
(2) THE JURISDICTION OF T HE COURT IS CONCURRE NT WITH THAT
OF A FEDERAL COURT S ITTING IN THE STATE OVER PROCEEDING S INVOLVING A
VIOLATION OF FEDERAL LAW COMMITTED BY A C HILD ON A MILITARY I NSTALLATION
OF THE U.S. DEPARTMENT OF DEFENSE IF:
(I) THE FEDERAL COURT WAI VES EXCLUSIVE JURISD ICTION;
AND
(II) THE VIOLATION OF FEDE RAL LAW IS ALSO A CR IME UNDER
STATE LAW.
Article – General Provisions
6–202.
WES MOORE, Governor Ch. 727
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Notwithstanding § 6–201(a) OR § 6–203 of this subtitle, for the purpose of enforcing
the civil or criminal laws of the State, the Governor may enter into an agreement with the
United States to establish full or partial concurrent jurisdiction of the State and the United
States over any land in the State held by the United States.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.