MD
Maryland Senate Bill SB115

Maryland 2023 Regular Session

Maryland Senate Bill SB115 Compare Versions

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1- WES MOORE, Governor Ch. 726
21
3-– 1 –
4-Chapter 726
5-(Senate Bill 115)
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+ *sb0115*
89
9-Juvenile Court – Concurrent Jurisdiction – Juvenile Offenses on Military
10-Installations
10+SENATE BILL 115
11+E3, D1, P1 3lr0847
12+ (PRE–FILED) CF HB 749
13+By: Senator Jackson
14+Requested: November 16, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Judicial Proceedings
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 15, 2023
1120
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.
21+CHAPTER ______
1722
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)
23+AN ACT concerning 1
2324
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)
25+Juvenile Court – Concurrent Jurisdiction – Juvenile Offenses on Military 2
26+Installations 3
2927
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)
28+FOR the purpose of establishing that the jurisdiction of the juvenile court is concurrent 4
29+with that of a federal court sitting in the State over certain proceedings involving 5
30+violations of federal law by a child under certain circumstances; and generally 6
31+relating to the concurrent jurisdiction of the United States and the State over 7
32+juvenile offenses. 8
3533
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
34+BY repealing and reenacting, without amendments, 9
35+ Article – Courts and Judicial Proceedings 10
36+Section 3–8A–03(a) and (b) 11
37+ Annotated Code of Maryland 12
38+ (2020 Replacement Volume and 2022 Supplement) 13
3839
39-Article – Courts and Judicial Proceedings
40+BY repealing and reenacting, with amendments, 14
41+ Article – Courts and Judicial Proceedings 15
42+Section 3–8A–03(c) 16
43+ Annotated Code of Maryland 17
44+ (2020 Replacement Volume and 2022 Supplement) 18
4045
41-3–8A–03.
46+BY repealing and reenacting, with amendments, 19
47+ Article – General Provisions 20
48+Section 6–202 21 2 SENATE BILL 115
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+ Annotated Code of Maryland 1
52+ (2019 Replacement Volume and 2022 Supplement) 2
4753
48- (i) Who is at least 13 years old alleged to be delinquent; or
49- Ch. 726 2023 LAWS OF MARYLAND
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
5056
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:
57+Article – Courts and Judicial Proceedings 5
5458
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
59+3–8A–03. 6
5760
58- 2. Arising out of the same incident as an act listed in item 1
59-of this item;
61+ (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 7
62+exclusive original jurisdiction over: 8
6063
61- (2) A child who is in need of supervision;
64+ (1) A child: 9
6265
63- (3) A child who has received a citation for a violation;
66+ (i) Who is at least 13 years old alleged to be delinquent; or 10
6467
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
68+ (ii) Except as provided in subsection (d) of this section, who is at least 11
69+10 years old alleged to have committed an act: 12
6770
68- (5) Proceedings arising under the Interstate Compact on Juveniles.
71+ 1. That, if committed by an adult, would constitute a crime 13
72+of violence, as defined in § 14–101 of the Criminal Law Article; or 14
6973
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.
74+ 2. Arising out of the same incident as an act listed in item 1 15
75+of this item; 16
7776
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.
77+ (2) A child who is in need of supervision; 17
8178
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 CHILD ON A MILITARY INSTAL LATION
85-OF THE U.S. DEPARTMENT OF DEFENSE IF:
79+ (3) A child who has received a citation for a violation; 18
8680
87- (I) THE FEDERAL COURT WAI VES EXCLUSIVE JURISD ICTION;
88-AND
81+ (4) Except as provided in subsection (d)(6) of this section, a peace order 19
82+proceeding in which the respondent is a child; and 20
8983
90- (II) THE VIOLATION OF FEDE RAL LAW IS ALSO A CR IME UNDER
91-STATE LAW.
84+ (5) Proceedings arising under the Interstate Compact on Juveniles. 21
9285
93-Article – General Provisions
86+ (b) The court has concurrent jurisdiction over proceedings against an adult for 22
87+the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 23
88+under this subsection upon its own motion or upon the motion of any party to the 24
89+proceeding, if charges against the adult arising from the same incident are pending in the 25
90+criminal court. Upon motion by either the State’s Attorney or the adult charged under § 26
91+3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 27
92+in the criminal court according to the usual criminal procedure. 28
9493
95-6–202.
96- WES MOORE, Governor Ch. 726
94+ (c) (1) The jurisdiction of the court is concurrent with that of the District Court 29
95+in any criminal case arising under the compulsory public school attendance laws of this 30
96+State. 31
97+ SENATE BILL 115 3
9798
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.
10399
104- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
105-October 1, 2023.
100+ (2) THE JURISDICTION OF T HE COURT IS CONCURRE NT WITH THAT 1
101+OF A FEDERAL COURT S ITTING IN THE STATE OVER PROCEEDING S INVOLVING A 2
102+VIOLATION OF FEDERAL LAW COMMITTED BY A CHILD ON A MILITARY INSTAL LATION 3
103+OF THE U.S. DEPARTMENT OF DEFENSE IF: 4
106104
107-Approved by the Governor, May 16, 2023.
105+ (I) THE FEDERAL COURT WAI VES EXCLUSIVE JURISD ICTION; 5
106+AND 6
107+
108+ (II) THE VIOLATION OF FEDE RAL LAW IS ALSO A CR IME UNDER 7
109+STATE LAW. 8
110+
111+Article – General Provisions 9
112+
113+6–202. 10
114+
115+ Notwithstanding § 6–201(a) OR § 6–203 of this subtitle, for the purpose of enforcing 11
116+the civil or criminal laws of the State, the Governor may enter into an agreement with the 12
117+United States to establish full or partial concurrent jurisdiction of the State and the United 13
118+States over any land in the State held by the United States. 14
119+
120+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
121+October 1, 2023. 16
122+
123+
124+
125+Approved:
126+________________________________________________________________________________
127+ Governor.
128+________________________________________________________________________________
129+ President of the Senate.
130+________________________________________________________________________________
131+ Speaker of the House of Delegates.