EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0015*
SENATE BILL 15
E3 3lr0995
(PRE–FILED)
By: Senator Carter
Requested: November 20, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Child in Need of Supervision – Mandatory Petition 2
(NyKayla Strawder Memorial Act) 3
FOR the purpose of requiring an intake officer to file a petition alleging that a child under 4
a certain age is a child in need of supervision if the child is alleged to have committed 5
an act that results in the death of a victim; and generally relating to juvenile law. 6
BY repealing and reenacting, without amendments, 7
Article – Courts and Judicial Proceedings 8
Section 3–8A–10(b) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–8A–10(c) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Courts and Judicial Proceedings 19
3–8A–10. 20
(b) An intake officer shall receive: 21
(1) Complaints from a person or agency having knowledge of facts which 22
may cause a person to be subject to the jurisdiction of the court under this subtitle; and 23 2 SENATE BILL 15
(2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 1
(c) (1) Except as otherwise provided in this subsection, in considering the 2
complaint, the intake officer shall make an inquiry within 25 days as to whether the court 3
has jurisdiction and whether judicial action is in the best interests of the public or the child. 4
(2) An inquiry need not include an interview of the child who is the subject 5
of the complaint if the complaint alleges the commission of an act that would be a felony if 6
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 7
Article. 8
(3) In accordance with this section, the intake officer may, after such 9
inquiry and within 25 days of receiving the complaint: 10
(i) Authorize the filing of a petition or a peace order request or both; 11
(ii) Propose an informal adjustment of the matter; or 12
(iii) Refuse authorization to file a petition or a peace order request or 13
both. 14
(4) (i) 1. Except as provided in subsubparagraph 2 of this 15
subparagraph, if a complaint is filed that alleges the commission of an act which would be 16
a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal 17
Law Article, and if the intake officer denies authorization to file a petition or proposes an 18
informal adjustment, the intake officer shall immediately: 19
A. Forward the complaint to the State’s Attorney; and 20
B. Forward a copy of the entire intake case file to the State’s 21
Attorney with information as to any and all prior intake involvement with the child. 22
2. For a complaint that alleges the commission of an act that 23
would be a felony if committed by an adult, the intake officer is not required to forward the 24
complaint and copy of the intake case file to the State’s Attorney if: 25
A. The intake officer proposes the matter for informal 26
adjustment; 27
B. The act did not involve the intentional causing of, or 28
attempt to cause, the death of or physical injury to another; and 29
C. The act would not be a crime of violence, as defined under 30
§ 14–101 of the Criminal Law Article, if committed by an adult. 31
(ii) The State’s Attorney shall make a preliminary review as to 32 SENATE BILL 15 3
whether the court has jurisdiction and whether judicial action is in the best interests of the 1
public or the child. The need for restitution may be considered as one factor in the public 2
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 3
receipt of the complaint by the State’s Attorney, unless the court extends the time: 4
1. File a petition or a peace order request or both; 5
2. Refer the complaint to the Department of Juvenile 6
Services for informal disposition; or 7
3. Dismiss the complaint. 8
(iii) This subsection may not be construed or interpreted to limit the 9
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 10
(5) IF A COMPLAINT IS FILED THAT ALLEGES THE COMMISSI ON OF AN 11
ACT BY A CHILD UNDER THE AGE OF 10 YEARS THAT RESULTS IN THE DEATH OF A 12
VICTIM, THE INTAKE OFFICER S HALL FILE A PETITION ALLEGING THAT THE CHILD 13
IS IN NEED OF SUPERV ISION. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2023. 16