EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0002*
SENATE BILL 2
E3 4lr1078
SB 15/23 – JPR (PRE–FILED)
By: Senator Carter
Requested: October 23, 2023
Introduced and read first time: January 10, 2024
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 either delinquent or a child in need of supervision if the child is 5
alleged to have committed an act that results in the death of a victim; requiring a 6
law enforcement officer to forward a complaint alleging that a child under a certain 7
age committed an act that resulted in the death of a victim to the Department of 8
Juvenile Services; and generally relating to juvenile law. 9
BY repealing and reenacting, without amendments, 10
Article – Courts and Judicial Proceedings 11
Section 3–8A–10(b) 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Courts and Judicial Proceedings 16
Section 3–8A–10(c) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
Section 2–108 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26 2 SENATE BILL 2
Article – Courts and Judicial Proceedings 1
3–8A–10. 2
(b) An intake officer shall receive: 3
(1) Complaints from a person or agency having knowledge of facts which 4
may cause a person to be subject to the jurisdiction of the court under this subtitle; and 5
(2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 6
(c) (1) Except as otherwise provided in this subsection, in considering the 7
complaint, the intake officer shall make an inquiry within 25 days as to whether the court 8
has jurisdiction and whether judicial action is in the best interests of the public or the child. 9
(2) An inquiry need not include an interview of the child who is the subject 10
of the complaint if the complaint alleges the commission of an act that would be a felony if 11
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 12
Article. 13
(3) In accordance with this section, the intake officer may, after such 14
inquiry and within 25 days of receiving the complaint: 15
(i) Authorize the filing of a petition or a peace order request or both; 16
(ii) Propose an informal adjustment of the matter; or 17
(iii) Refuse authorization to file a petition or a peace order request or 18
both. 19
(4) (i) 1. Except as provided in subsubparagraph 2 of this 20
subparagraph, if a complaint is filed that alleges the commission of an act which would be 21
a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal 22
Law Article, and if the intake officer denies authorization to file a petition or proposes an 23
informal adjustment, the intake officer shall immediately: 24
A. Forward the complaint to the State’s Attorney; and 25
B. Forward a copy of the entire intake case file to the State’s 26
Attorney with information as to any and all prior intake involvement with the child. 27
2. For a complaint that alleges the commission of an act that 28
would be a felony if committed by an adult, the intake officer is not required to forward the 29
complaint and copy of the intake case file to the State’s Attorney if: 30
A. The intake officer proposes the matter for informal 31 SENATE BILL 2 3
adjustment; 1
B. The act did not involve the intentional causing of, or 2
attempt to cause, the death of or physical injury to another; and 3
C. The act would not be a crime of violence, as defined under 4
§ 14–101 of the Criminal Law Article, if committed by an adult. 5
(ii) The State’s Attorney shall make a preliminary review as to 6
whether the court has jurisdiction and whether judicial action is in the best interests of the 7
public or the child. The need for restitution may be considered as one factor in the public 8
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 9
receipt of the complaint by the State’s Attorney, unless the court extends the time: 10
1. File a petition or a peace order request or both; 11
2. Refer the complaint to the Department of Juvenile 12
Services for informal disposition; or 13
3. Dismiss the complaint. 14
(iii) This subsection may not be construed or interpreted to limit the 15
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 16
(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 17
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 18
VICTIM, THE INTAKE OFFICER S HALL FILE A PETITION ALLEGING THAT THE CH ILD 19
IS EITHER DELINQUENT OR IN NEED OF SUPERVISI ON. 20
Article – Criminal Procedure 21
2–108. 22
(a) A law enforcement officer who charges a minor with a criminal offense shall 23
make a reasonable attempt to provide actual notice to the parent or guardian of the minor 24
of the charge. 25
(b) If a law enforcement officer takes a minor into custody, the law enforcement 26
officer or the officer’s designee shall make a reasonable attempt to notify the parent or 27
guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 28
Article. 29
(C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 30
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 31
VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 32
THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 33 4 SENATE BILL 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2024. 2