EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0115*
SENATE BILL 115
E3, D1, P1 3lr0847
(PRE–FILED)
By: Senator Jackson
Requested: November 16, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Juvenile Court – Concurrent Jurisdiction – Juvenile Offenses on Military 2
Installations 3
FOR the purpose of establishing that the jurisdiction of the juvenile court is concurrent 4
with that of a federal court sitting in the State over certain proceedings involving 5
violations of federal law by a child under certain circumstances; and generally 6
relating to the concurrent jurisdiction of the United States and the State over 7
juvenile offenses. 8
BY repealing and reenacting, without amendments, 9
Article – Courts and Judicial Proceedings 10
Section 3–8A–03(a) and (b) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2022 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Courts and Judicial Proceedings 15
Section 3–8A–03(c) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – General Provisions 20
Section 6–202 21
Annotated Code of Maryland 22
(2019 Replacement Volume and 2022 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
2 SENATE BILL 115
Article – Courts and Judicial Proceedings 1
3–8A–03. 2
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 3
exclusive original jurisdiction over: 4
(1) A child: 5
(i) Who is at least 13 years old alleged to be delinquent; or 6
(ii) Except as provided in subsection (d) of this section, who is at least 7
10 years old alleged to have committed an act: 8
1. That, if committed by an adult, would constitute a crime 9
of violence, as defined in § 14–101 of the Criminal Law Article; or 10
2. Arising out of the same incident as an act listed in item 1 11
of this item; 12
(2) A child who is in need of supervision; 13
(3) A child who has received a citation for a violation; 14
(4) Except as provided in subsection (d)(6) of this section, a peace order 15
proceeding in which the respondent is a child; and 16
(5) Proceedings arising under the Interstate Compact on Juveniles. 17
(b) The court has concurrent jurisdiction over proceedings against an adult for 18
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 19
under this subsection upon its own motion or upon the motion of any party to the 20
proceeding, if charges against the adult arising from the same incident are pending in the 21
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 22
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 23
in the criminal court according to the usual criminal procedure. 24
(c) (1) The jurisdiction of the court is concurrent with that of the District Court 25
in any criminal case arising under the compulsory public school attendance laws of this 26
State. 27
(2) THE JURISDICTION OF T HE COURT IS CONCURRE NT WITH THAT 28
OF A FEDERAL COURT S ITTING IN THE STATE OVER PROCEEDING S INVOLVING A 29
VIOLATION OF FEDERAL LAW COMMITTED BY A CHILD ON A MILITARY INSTAL LATION 30
OF THE U.S. DEPARTMENT OF DEFENSE IF: 31
SENATE BILL 115 3
(I) THE FEDERAL COURT WAI VES EXCLUSIVE JURISD ICTION; 1
AND 2
(II) THE VIOLATION OF FEDE RAL LAW IS ALSO A CR IME UNDER 3
STATE LAW. 4
Article – General Provisions 5
6–202. 6
Notwithstanding § 6–201(a) OR § 6–203 of this subtitle, for the purpose of enforcing 7
the civil or criminal laws of the State, the Governor may enter into an agreement with the 8
United States to establish full or partial concurrent jurisdiction of the State and the United 9
States over any land in the State held by the United States. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2023. 12