MD
Maryland House Bill HB749

Maryland 2023 Regular Session

Maryland House Bill HB749 Compare Versions

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1- WES MOORE, Governor Ch. 727
21
3-– 1 –
4-Chapter 727
5-(House Bill 749)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0749*
89
9-Juvenile Court – Concurrent Jurisdiction – Juvenile Offenses on Military
10-Installations
10+HOUSE BILL 749
11+E3, D1, P1 3lr2747
12+ CF SB 115
13+By: Delegate Crutchfield
14+Introduced and read first time: February 8, 2023
15+Assigned to: Judiciary
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 4, 2023
1119
12-FOR the purpose of establishing that the jurisdiction of the juvenile court is concurrent
13-with that of a federal court sitting in the State over certain proceedings involving
14-violations of federal law by a child under certain circumstances; and generally
15-relating to the concurrent jurisdiction of the United States and the State over
16-juvenile offenses.
20+CHAPTER ______
1721
18-BY repealing and reenacting, without amendments,
19- Article – Courts and Judicial Proceedings
20-Section 3–8A–03(a) and (b)
21- Annotated Code of Maryland
22- (2020 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2323
24-BY repealing and reenacting, with amendments,
25- Article – Courts and Judicial Proceedings
26-Section 3–8A–03(c)
27- Annotated Code of Maryland
28- (2020 Replacement Volume and 2022 Supplement)
24+Juvenile Court – Concurrent Jurisdiction – Juvenile Offenses on Military 2
25+Installations 3
2926
30-BY repealing and reenacting, with amendments,
31- Article – General Provisions
32-Section 6–202
33- Annotated Code of Maryland
34- (2019 Replacement Volume and 2022 Supplement)
27+FOR the purpose of establishing that the jurisdiction of the juvenile court is concurrent 4
28+with that of a federal court sitting in the State over certain proceedings involving 5
29+violations of federal law by a child under certain circumstances; and generally 6
30+relating to the concurrent jurisdiction of the United States and the State over 7
31+juvenile offenses. 8
3532
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
33+BY repealing and reenacting, without amendments, 9
34+ Article – Courts and Judicial Proceedings 10
35+Section 3–8A–03(a) and (b) 11
36+ Annotated Code of Maryland 12
37+ (2020 Replacement Volume and 2022 Supplement) 13
3838
39-Article – Courts and Judicial Proceedings
39+BY repealing and reenacting, with amendments, 14
40+ Article – Courts and Judicial Proceedings 15
41+Section 3–8A–03(c) 16
42+ Annotated Code of Maryland 17
43+ (2020 Replacement Volume and 2022 Supplement) 18
4044
41-3–8A–03.
45+BY repealing and reenacting, with amendments, 19
46+ Article – General Provisions 20
47+Section 6–202 21
48+ Annotated Code of Maryland 22 2 HOUSE BILL 749
4249
43- (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
44-exclusive original jurisdiction over:
4550
46- (1) A child:
51+ (2019 Replacement Volume and 2022 Supplement) 1
4752
48- (i) Who is at least 13 years old alleged to be delinquent; or
49- Ch. 727 2023 LAWS OF MARYLAND
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54+That the Laws of Maryland read as follows: 3
5055
51-– 2 –
52- (ii) Except as provided in subsection (d) of this section, who is at least
53-10 years old alleged to have committed an act:
56+Article – Courts and Judicial Proceedings 4
5457
55- 1. That, if committed by an adult, would constitute a crime
56-of violence, as defined in § 14–101 of the Criminal Law Article; or
58+3–8A–03. 5
5759
58- 2. Arising out of the same incident as an act listed in item 1
59-of this item;
60+ (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 6
61+exclusive original jurisdiction over: 7
6062
61- (2) A child who is in need of supervision;
63+ (1) A child: 8
6264
63- (3) A child who has received a citation for a violation;
65+ (i) Who is at least 13 years old alleged to be delinquent; or 9
6466
65- (4) Except as provided in subsection (d)(6) of this section, a peace order
66-proceeding in which the respondent is a child; and
67+ (ii) Except as provided in subsection (d) of this section, who is at least 10
68+10 years old alleged to have committed an act: 11
6769
68- (5) Proceedings arising under the Interstate Compact on Juveniles.
70+ 1. That, if committed by an adult, would constitute a crime 12
71+of violence, as defined in § 14–101 of the Criminal Law Article; or 13
6972
70- (b) The court has concurrent jurisdiction over proceedings against an adult for
71-the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
72-under this subsection upon its own motion or upon the motion of any party to the
73-proceeding, if charges against the adult arising from the same incident are pending in the
74-criminal court. Upon motion by either the State’s Attorney or the adult charged under §
75-3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
76-in the criminal court according to the usual criminal procedure.
73+ 2. Arising out of the same incident as an act listed in item 1 14
74+of this item; 15
7775
78- (c) (1) The jurisdiction of the court is concurrent with that of the District Court
79-in any criminal case arising under the compulsory public school attendance laws of this
80-State.
76+ (2) A child who is in need of supervision; 16
8177
82- (2) THE JURISDICTION OF T HE COURT IS CONCURRE NT WITH THAT
83-OF A FEDERAL COURT S ITTING IN THE STATE OVER PROCEEDING S INVOLVING A
84-VIOLATION OF FEDERAL LAW COMMITTED BY A C HILD ON A MILITARY I NSTALLATION
85-OF THE U.S. DEPARTMENT OF DEFENSE IF:
78+ (3) A child who has received a citation for a violation; 17
8679
87- (I) THE FEDERAL COURT WAI VES EXCLUSIVE JURISD ICTION;
88-AND
80+ (4) Except as provided in subsection (d)(6) of this section, a peace order 18
81+proceeding in which the respondent is a child; and 19
8982
90- (II) THE VIOLATION OF FEDE RAL LAW IS ALSO A CR IME UNDER
91-STATE LAW.
83+ (5) Proceedings arising under the Interstate Compact on Juveniles. 20
9284
93-Article – General Provisions
85+ (b) The court has concurrent jurisdiction over proceedings against an adult for 21
86+the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 22
87+under this subsection upon its own motion or upon the motion of any party to the 23
88+proceeding, if charges against the adult arising from the same incident are pending in the 24
89+criminal court. Upon motion by either the State’s Attorney or the adult charged under § 25
90+3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 26
91+in the criminal court according to the usual criminal procedure. 27
9492
95-6–202.
96- WES MOORE, Governor Ch. 727
93+ (c) (1) The jurisdiction of the court is concurrent with that of the District Court 28
94+in any criminal case arising under the compulsory public school attendance laws of this 29
95+State. 30
96+ HOUSE BILL 749 3
9797
98-– 3 –
99- Notwithstanding § 6–201(a) OR § 6–203 of this subtitle, for the purpose of enforcing
100-the civil or criminal laws of the State, the Governor may enter into an agreement with the
101-United States to establish full or partial concurrent jurisdiction of the State and the United
102-States over any land in the State held by the United States.
10398
104- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
105-October 1, 2023.
99+ (2) THE JURISDICTION OF T HE COURT IS CONCURRE NT WITH THAT 1
100+OF A FEDERAL COURT S ITTING IN THE STATE OVER PROCEEDIN GS INVOLVING A 2
101+VIOLATION OF FEDERAL LAW COMMITTED BY A C HILD ON A MILITARY I NSTALLATION 3
102+OF THE U.S. DEPARTMENT OF DEFENSE IF: 4
106103
107-Approved by the Governor, May 16, 2023.
104+ (I) THE FEDERAL COURT WAI VES EXCLUSIVE JURISD ICTION; 5
105+AND 6
106+
107+ (II) THE VIOLATION OF FEDE RAL LAW IS ALSO A CR IME UNDER 7
108+STATE LAW. 8
109+
110+Article – General Provisions 9
111+
112+6–202. 10
113+
114+ Notwithstanding § 6–201(a) OR § 6–203 of this subtitle, for the purpose of enforcing 11
115+the civil or criminal laws of the State, the Governor may enter into an agreement with the 12
116+United States to establish full or partial concurrent jurisdiction of the State and the United 13
117+States over any land in the State held by the United States. 14
118+
119+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
120+October 1, 2023. 16
121+
122+
123+
124+
125+Approved:
126+________________________________________________________________________________
127+ Governor.
128+________________________________________________________________________________
129+ Speaker of the House of Delegates.
130+________________________________________________________________________________
131+ President of the Senate.