Maryland 2024 Regular Session

Maryland Senate Bill SB2 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0002
9	6
10	7		SENATE BILL 2
11	8		E3 4lr1078
12	9		SB 15/23 – JPR (PRE–FILED)
13		-	By: Senator Carter Senators Carter, Charles, Folden, James, Kelly, McKay, Muse,
14		-	Smith, Sydnor, Waldstreicher, and West
	10	+	By: Senator Carter
15	11		Requested: October 23, 2023
16	12		Introduced and read first time: January 10, 2024
17	13		Assigned to: Judicial Proceedings
18		-	Committee Report: Favorable with amendments
19		-	Senate action: Adopted
20		-	Read second time: February 19, 2024
21	14
22		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
23	16
24	17		AN ACT concerning 1
25	18
26	19		Juvenile Law – Child in Need of Supervision – Mandatory Petition 2
27	20		(NyKayla Strawder Memorial Act) 3
28	21
29	22		FOR the purpose of requiring an intake officer to file a petition alleging that a child under 4
30	23		a certain age is either delinquent or a child in need of supervision if the child is 5
31	24		alleged to have committed an act that results in the death of a victim; requiring a 6
32	25		law enforcement officer to forward a complaint alleging that a child under a certain 7
33	26		age committed an act that resulted in the death of a victim to the Department of 8
34	27		Juvenile Services; and generally relating to juvenile law. 9
35	28
36	29		BY repealing and reenacting, without amendments, 10
37	30		Article – Courts and Judicial Proceedings 11
38	31		Section 3–8A–10(b) 12
39	32		Annotated Code of Maryland 13
40	33		(2020 Replacement Volume and 2023 Supplement) 14
41	34
42	35		BY repealing and reenacting, with amendments, 15
43	36		Article – Courts and Judicial Proceedings 16
44	37		Section 3–8A–10(c) 17
45	38		Annotated Code of Maryland 18
46	39		(2020 Replacement Volume and 2023 Supplement) 19
47	40
48		-	BY repealing and reenacting, with amendments, 20 2 SENATE BILL 2
	41	+	BY repealing and reenacting, with amendments, 20
	42	+	Article – Criminal Procedure 21
	43	+	Section 2–108 22
	44	+	Annotated Code of Maryland 23
	45	+	(2018 Replacement Volume and 2023 Supplement) 24
49	46
50		-
51		-	Article – Criminal Procedure 1
52		-	Section 2–108 2
53		-	Annotated Code of Maryland 3
54		-	(2018 Replacement Volume and 2023 Supplement) 4
55		-
56		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57		-	That the Laws of Maryland read as follows: 6
58		-
59		-	Article – Courts and Judicial Proceedings 7
60		-
61		-	3–8A–10. 8
62		-
63		-	(b) An intake officer shall receive: 9
64		-
65		-	(1) Complaints from a person or agency having knowledge of facts which 10
66		-	may cause a person to be subject to the jurisdiction of the court under this subtitle; and 11
67		-
68		-	(2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 12
69		-
70		-	(c) (1) Except as otherwise provided in this subsection, in considering the 13
71		-	complaint, the intake officer shall make an inquiry within 25 days as to whether the court 14
72		-	has jurisdiction and whether judicial action is in the best interests of the public or the child. 15
73		-
74		-	(2) An inquiry need not include an interview of the child who is the subject 16
75		-	of the complaint if the complaint alleges the commission of an act that would be a felony if 17
76		-	committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 18
77		-	Article. 19
78		-
79		-	(3) In accordance with this section, the intake officer may, after such 20
80		-	inquiry and within 25 days of receiving the complaint: 21
81		-
82		-	(i) Authorize the filing of a petition or a peace order request or both; 22
83		-
84		-	(ii) Propose an informal adjustment of the matter; or 23
85		-
86		-	(iii) Refuse authorization to file a petition or a peace order request or 24
87		-	both. 25
88		-
89		-	(4) (i) 1. Except as provided in subsubparagraph 2 of this 26
90		-	subparagraph, if a complaint is filed that alleges the commission of an act which would be 27
91		-	a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal 28
92		-	Law Article, and if the intake officer denies authorization to file a petition or proposes an 29
93		-	informal adjustment, the intake officer shall immediately: 30
94		-
95		-	A. Forward the complaint to the State’s Attorney; and 31
96		-	SENATE BILL 2 3
97		-
98		-
99		-	B. Forward a copy of the entire intake case file to the State’s 1
100		-	Attorney with information as to any and all prior intake involvement with the child. 2
101		-
102		-	2. For a complaint that alleges the commission of an act that 3
103		-	would be a felony if committed by an adult, the intake officer is not required to forward the 4
104		-	complaint and copy of the intake case file to the State’s Attorney if: 5
105		-
106		-	A. The intake officer proposes the matter for informal 6
107		-	adjustment; 7
108		-
109		-	B. The act did not involve the intentional causing of, or 8
110		-	attempt to cause, the death of or physical injury to another; and 9
111		-
112		-	C. The act would not be a crime of violence, as defined under 10
113		-	§ 14–101 of the Criminal Law Article, if committed by an adult. 11
114		-
115		-	(ii) The State’s Attorney shall make a preliminary review as to 12
116		-	whether the court has jurisdiction and whether judicial action is in the best interests of the 13
117		-	public or the child. The need for restitution may be considered as one factor in the public 14
118		-	interest. After the preliminary review the State’s Attorney shall, within 30 days of the 15
119		-	receipt of the complaint by the State’s Attorney, unless the court extends the time: 16
120		-
121		-	1. File a petition or a peace order request or both; 17
122		-
123		-	2. Refer the complaint to the Department of Juvenile 18
124		-	Services for informal disposition; or 19
125		-
126		-	3. Dismiss the complaint. 20
127		-
128		-	(iii) This subsection may not be construed or interpreted to limit the 21
129		-	authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 22
130		-
131		-	(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 23
132		-	ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 24
133		-	VICTIM, THE INTAKE OFFICER SHALL FILE A PETITION ALLEGING TH AT THE CHILD 25
134		-	IS EITHER DELINQUENT OR IN NEED OF SUPERVISI ON. 26
135		-
136		-	Article – Criminal Procedure 27
137		-
138		-	2–108. 28
139		-
140		-	(a) A law enforcement officer who charges a minor with a criminal offense shall 29
141		-	make a reasonable attempt to provide actual notice to the parent or guardian of the minor 30
142		-	of the charge. 31
143		-
144		-	(b) If a law enforcement officer takes a minor into custody, the law enforcement 32
145		-	officer or the officer’s designee shall make a reasonable attempt to notify the parent or 33 4 SENATE BILL 2
146		-
147		-
148		-	guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 1
149		-	Article. 2
150		-
151		-	(C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 3
152		-	ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 4
153		-	VICTIM, THE LAW ENFORCEMENT OFFICER SH ALL FORWARD THE COMP LAINT TO 5
154		-	THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 6
155		-
156		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
157		-	October 1, 2024. 8
	47	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
	48	+	That the Laws of Maryland read as follows: 26 2 SENATE BILL 2
158	49
159	50
160	51
	52	+	Article – Courts and Judicial Proceedings 1
161	53
162		-	Approved:
163		-	________________________________________________________________________________
164		-	Governor.
165		-	________________________________________________________________________________
166		-	President of the Senate.
167		-	________________________________________________________________________________
168		-	Speaker of the House of Delegates.
	54	+	3–8A–10. 2
	55	+
	56	+	(b) An intake officer shall receive: 3
	57	+
	58	+	(1) Complaints from a person or agency having knowledge of facts which 4
	59	+	may cause a person to be subject to the jurisdiction of the court under this subtitle; and 5
	60	+
	61	+	(2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 6
	62	+
	63	+	(c) (1) Except as otherwise provided in this subsection, in considering the 7
	64	+	complaint, the intake officer shall make an inquiry within 25 days as to whether the court 8
	65	+	has jurisdiction and whether judicial action is in the best interests of the public or the child. 9
	66	+
	67	+	(2) An inquiry need not include an interview of the child who is the subject 10
	68	+	of the complaint if the complaint alleges the commission of an act that would be a felony if 11
	69	+	committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 12
	70	+	Article. 13
	71	+
	72	+	(3) In accordance with this section, the intake officer may, after such 14
	73	+	inquiry and within 25 days of receiving the complaint: 15
	74	+
	75	+	(i) Authorize the filing of a petition or a peace order request or both; 16
	76	+
	77	+	(ii) Propose an informal adjustment of the matter; or 17
	78	+
	79	+	(iii) Refuse authorization to file a petition or a peace order request or 18
	80	+	both. 19
	81	+
	82	+	(4) (i) 1. Except as provided in subsubparagraph 2 of this 20
	83	+	subparagraph, if a complaint is filed that alleges the commission of an act which would be 21
	84	+	a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal 22
	85	+	Law Article, and if the intake officer denies authorization to file a petition or proposes an 23
	86	+	informal adjustment, the intake officer shall immediately: 24
	87	+
	88	+	A. Forward the complaint to the State’s Attorney; and 25
	89	+
	90	+	B. Forward a copy of the entire intake case file to the State’s 26
	91	+	Attorney with information as to any and all prior intake involvement with the child. 27
	92	+
	93	+	2. For a complaint that alleges the commission of an act that 28
	94	+	would be a felony if committed by an adult, the intake officer is not required to forward the 29
	95	+	complaint and copy of the intake case file to the State’s Attorney if: 30
	96	+
	97	+	A. The intake officer proposes the matter for informal 31 SENATE BILL 2 3
	98	+
	99	+
	100	+	adjustment; 1
	101	+
	102	+	B. The act did not involve the intentional causing of, or 2
	103	+	attempt to cause, the death of or physical injury to another; and 3
	104	+
	105	+	C. The act would not be a crime of violence, as defined under 4
	106	+	§ 14–101 of the Criminal Law Article, if committed by an adult. 5
	107	+
	108	+	(ii) The State’s Attorney shall make a preliminary review as to 6
	109	+	whether the court has jurisdiction and whether judicial action is in the best interests of the 7
	110	+	public or the child. The need for restitution may be considered as one factor in the public 8
	111	+	interest. After the preliminary review the State’s Attorney shall, within 30 days of the 9
	112	+	receipt of the complaint by the State’s Attorney, unless the court extends the time: 10
	113	+
	114	+	1. File a petition or a peace order request or both; 11
	115	+
	116	+	2. Refer the complaint to the Department of Juvenile 12
	117	+	Services for informal disposition; or 13
	118	+
	119	+	3. Dismiss the complaint. 14
	120	+
	121	+	(iii) This subsection may not be construed or interpreted to limit the 15
	122	+	authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 16
	123	+
	124	+	(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 17
	125	+	ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 18
	126	+	VICTIM, THE INTAKE OFFICER S HALL FILE A PETITION ALLEGING THAT THE CH ILD 19
	127	+	IS EITHER DELINQUENT OR IN NEED OF SUPERVISI ON. 20
	128	+
	129	+	Article – Criminal Procedure 21
	130	+
	131	+	2–108. 22
	132	+
	133	+	(a) A law enforcement officer who charges a minor with a criminal offense shall 23
	134	+	make a reasonable attempt to provide actual notice to the parent or guardian of the minor 24
	135	+	of the charge. 25
	136	+
	137	+	(b) If a law enforcement officer takes a minor into custody, the law enforcement 26
	138	+	officer or the officer’s designee shall make a reasonable attempt to notify the parent or 27
	139	+	guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 28
	140	+	Article. 29
	141	+
	142	+	(C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 30
	143	+	ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 31
	144	+	VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 32
	145	+	THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 33 4 SENATE BILL 2
	146	+
	147	+
	148	+
	149	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	150	+	October 1, 2024. 2