MD
Maryland Senate Bill SB15

Maryland 2023 Regular Session

Maryland Senate Bill SB15 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
44 [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.
85 *sb0015*
96
107 SENATE BILL 15
118 E3 3lr0995
129 (PRE–FILED)
1310 By: Senator Carter
1411 Requested: November 20, 2022
1512 Introduced and read first time: January 11, 2023
1613 Assigned to: Judicial Proceedings
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: February 25, 2023
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
25-Juvenile Law – Child in Need of Supervision – Mandatory Petition and Notice 2
19+Juvenile Law – Child in Need of Supervision – Mandatory Petition 2
2620 (NyKayla Strawder Memorial Act) 3
2721
2822 FOR the purpose of requiring an intake officer to file a petition alleging that a child under 4
29-a certain age is either delinquent or a child in need of supervision if the child is 5
30-alleged to have committed an act that results in the death of a victim; requiring a 6
31-law enforcement officer to forward a complaint alleging that a child under a certain 7
32-age committed an act that resulted in the death of a victim to the Department of 8
33-Juvenile Services; and generally relating to juvenile law. 9
23+a certain age is a child in need of supervision if the child is alleged to have committed 5
24+an act that results in the death of a victim; and generally relating to juvenile law. 6
3425
35-BY repealing and reenacting, without amendments, 10
36- Article – Courts and Judicial Proceedings 11
37-Section 3–8A–10(b) 12
38- Annotated Code of Maryland 13
39- (2020 Replacement Volume and 2022 Supplement) 14
26+BY repealing and reenacting, without amendments, 7
27+ Article – Courts and Judicial Proceedings 8
28+Section 3–8A–10(b) 9
29+ Annotated Code of Maryland 10
30+ (2020 Replacement Volume and 2022 Supplement) 11
4031
41-BY repealing and reenacting, with amendments, 15
42- Article – Courts and Judicial Proceedings 16
43-Section 3–8A–10(c) 17
44- Annotated Code of Maryland 18
45- (2020 Replacement Volume and 2022 Supplement) 19
32+BY repealing and reenacting, with amendments, 12
33+ Article – Courts and Judicial Proceedings 13
34+Section 3–8A–10(c) 14
35+ Annotated Code of Maryland 15
36+ (2020 Replacement Volume and 2022 Supplement) 16
4637
47-BY repealing and reenacting, with amendments, 20
48- Article – Criminal Procedure 21 2 SENATE BILL 15
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39+That the Laws of Maryland read as follows: 18
4940
41+Article – Courts and Judicial Proceedings 19
5042
51-Section 2–108 1
52- Annotated Code of Maryland 2
53- (2018 Replacement Volume and 2022 Supplement) 3
43+3–8A–10. 20
5444
55- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56-That the Laws of Maryland read as follows: 5
45+ (b) An intake officer shall receive: 21
5746
58-Article – Courts and Judicial Proceedings 6
59-
60-3–8A–10. 7
61-
62- (b) An intake officer shall receive: 8
63-
64- (1) Complaints from a person or agency having knowledge of facts which 9
65-may cause a person to be subject to the jurisdiction of the court under this subtitle; and 10
66-
67- (2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 11
68-
69- (c) (1) Except as otherwise provided in this subsection, in considering the 12
70-complaint, the intake officer shall make an inquiry within 25 days as to whether the court 13
71-has jurisdiction and whether judicial action is in the best interests of the public or the child. 14
72-
73- (2) An inquiry need not include an interview of the child who is the subject 15
74-of the complaint if the complaint alleges the commission of an act that would be a felony if 16
75-committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 17
76-Article. 18
77-
78- (3) In accordance with this section, the intake officer may, after such 19
79-inquiry and within 25 days of receiving the complaint: 20
80-
81- (i) Authorize the filing of a petition or a peace order request or both; 21
82-
83- (ii) Propose an informal adjustment of the matter; or 22
84-
85- (iii) Refuse authorization to file a petition or a peace order request or 23
86-both. 24
87-
88- (4) (i) 1. Except as provided in subsubparagraph 2 of this 25
89-subparagraph, if a complaint is filed that alleges the commission of an act which would be 26
90-a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal 27
91-Law Article, and if the intake officer denies authorization to file a petition or proposes an 28
92-informal adjustment, the intake officer shall immediately: 29
93-
94- A. Forward the complaint to the State’s Attorney; and 30
95-
96- B. Forward a copy of the entire intake case file to the State’s 31
97-Attorney with information as to any and all prior intake involvement with the child. 32 SENATE BILL 15 3
47+ (1) Complaints from a person or agency having knowledge of facts which 22
48+may cause a person to be subject to the jurisdiction of the court under this subtitle; and 23 2 SENATE BILL 15
9849
9950
10051
101- 2. For a complaint that alleges the commission of an act that 1
102-would be a felony if committed by an adult, the intake officer is not required to forward the 2
103-complaint and copy of the intake case file to the State’s Attorney if: 3
52+ (2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 1
10453
105- A. The intake officer proposes the matter for informal 4
106-adjustment; 5
54+ (c) (1) Except as otherwise provided in this subsection, in considering the 2
55+complaint, the intake officer shall make an inquiry within 25 days as to whether the court 3
56+has jurisdiction and whether judicial action is in the best interests of the public or the child. 4
10757
108- B. The act did not involve the intentional causing of, or 6
109-attempt to cause, the death of or physical injury to another; and 7
58+ (2) An inquiry need not include an interview of the child who is the subject 5
59+of the complaint if the complaint alleges the commission of an act that would be a felony if 6
60+committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 7
61+Article. 8
11062
111- C. The act would not be a crime of violence, as defined under 8
112-§ 14–101 of the Criminal Law Article, if committed by an adult. 9
63+ (3) In accordance with this section, the intake officer may, after such 9
64+inquiry and within 25 days of receiving the complaint: 10
11365
114- (ii) The State’s Attorney shall make a preliminary review as to 10
115-whether the court has jurisdiction and whether judicial action is in the best interests of the 11
116-public or the child. The need for restitution may be considered as one factor in the public 12
117-interest. After the preliminary review the State’s Attorney shall, within 30 days of the 13
118-receipt of the complaint by the State’s Attorney, unless the court extends the time: 14
66+ (i) Authorize the filing of a petition or a peace order request or both; 11
11967
120- 1. File a petition or a peace order request or both; 15
68+ (ii) Propose an informal adjustment of the matter; or 12
12169
122- 2. Refer the complaint to the Department of Juvenile 16
123-Services for informal disposition; or 17
70+ (iii) Refuse authorization to file a petition or a peace order request or 13
71+both. 14
12472
125- 3. Dismiss the complaint. 18
73+ (4) (i) 1. Except as provided in subsubparagraph 2 of this 15
74+subparagraph, if a complaint is filed that alleges the commission of an act which would be 16
75+a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal 17
76+Law Article, and if the intake officer denies authorization to file a petition or proposes an 18
77+informal adjustment, the intake officer shall immediately: 19
12678
127- (iii) This subsection may not be construed or interpreted to limit the 19
128-authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 20
79+ A. Forward the complaint to the State’s Attorney; and 20
12980
130- (5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 21
131-ACT BY A CHILD UNDER THE AGE OF 10 13 YEARS THAT RESULTS I N THE DEATH OF 22
132-A VICTIM, THE INTAKE OFFICER S HALL FILE A PETITION ALLEGING THAT THE CH ILD 23
133-IS EITHER DELINQUENT OR IN NEED OF SUPERVISION. 24
81+ B. Forward a copy of the entire intake case file to the State’s 21
82+Attorney with information as to any and all prior intake involvement with the child. 22
13483
135-Article – Criminal Procedure 25
84+ 2. For a complaint that alleges the commission of an act that 23
85+would be a felony if committed by an adult, the intake officer is not required to forward the 24
86+complaint and copy of the intake case file to the State’s Attorney if: 25
13687
137-2–108. 26
88+ A. The intake officer proposes the matter for informal 26
89+adjustment; 27
13890
139- (a) A law enforcement officer who charges a minor with a criminal offense shall 27
140-make a reasonable attempt to provide actual notice to the parent or guardian of the minor 28
141-of the charge. 29
91+ B. The act did not involve the intentional causing of, or 28
92+attempt to cause, the death of or physical injury to another; and 29
14293
143- (b) If a law enforcement officer takes a minor into custody, the law enforcement 30
144-officer or the officer’s designee shall make a reasonable attempt to notify the parent or 31
145-guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 32
146-Article. 33 4 SENATE BILL 15
94+ C. The act would not be a crime of violence, as defined under 30
95+§ 14–101 of the Criminal Law Article, if committed by an adult. 31
96+
97+ (ii) The State’s Attorney shall make a preliminary review as to 32 SENATE BILL 15 3
14798
14899
100+whether the court has jurisdiction and whether judicial action is in the best interests of the 1
101+public or the child. The need for restitution may be considered as one factor in the public 2
102+interest. After the preliminary review the State’s Attorney shall, within 30 days of the 3
103+receipt of the complaint by the State’s Attorney, unless the court extends the time: 4
149104
150- (C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 1
151-ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 2
152-VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 3
153-THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 4
105+ 1. File a petition or a peace order request or both; 5
154106
155- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
156-October 1, 2023. 6
107+ 2. Refer the complaint to the Department of Juvenile 6
108+Services for informal disposition; or 7
157109
110+ 3. Dismiss the complaint. 8
158111
112+ (iii) This subsection may not be construed or interpreted to limit the 9
113+authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 10
159114
115+ (5) IF A COMPLAINT IS FILED THAT ALLEGES THE COMMISSI ON OF AN 11
116+ACT BY A CHILD UNDER THE AGE OF 10 YEARS THAT RESULTS IN THE DEATH OF A 12
117+VICTIM, THE INTAKE OFFICER S HALL FILE A PETITION ALLEGING THAT THE CHILD 13
118+IS IN NEED OF SUPERV ISION. 14
160119
161-Approved:
162-________________________________________________________________________________
163- Governor.
164-________________________________________________________________________________
165- President of the Senate.
166-________________________________________________________________________________
167- Speaker of the House of Delegates.
120+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
121+October 1, 2023. 16