Maryland 2025 Regular Session

Maryland House Bill HB1433 Compare Versions

Only one version of the bill is available at this time.

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	5	hb1433
6	6
7	7	HOUSE BILL 1433
8	8	E3 5lr3273
9	9	CF SB 422
10	10	By: Delegates Toles, McCaskill, Pasteur, Patterson, Wilkins, and Williams
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Judiciary and Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Juvenile Court – Jurisdiction 2
19	19
20	20	FOR the purpose of altering the jurisdiction of the juvenile court by repealing provisions 3
21	21	specifying that the juvenile court does not have jurisdiction over a child alleged to 4
22	22	have committed certain acts; and generally relating to the jurisdiction of the juvenile 5
23	23	court. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Courts and Judicial Proceedings 8
27	27	Section 3–8A–03 and 3–8A–27(a)(2)(iv) 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2024 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Criminal Procedure 13
33	33	Section 4–202(b), (c), and (i), 4–202.2(a), 10–215(a)(20), and 10–216(d) 14
34	34	Annotated Code of Maryland 15
35	35	(2018 Replacement Volume and 2024 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – Education 18
39	39	Section 7–303(a)(6) 19
40	40	Annotated Code of Maryland 20
41	41	(2022 Replacement Volume and 2024 Supplement) 21
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
44	44	That the Laws of Maryland read as follows: 23
45	45
46	46	Article – Courts and Judicial Proceedings 24
47	47
48	48	3–8A–03. 25 2 HOUSE BILL 1433
49	49
50	50
51	51
52	52	(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 1
53	53	exclusive original jurisdiction over: 2
54	54
55	55	(1) A child: 3
56	56
57	57	(i) Who is at least 13 years old alleged to be delinquent; or 4
58	58
59	59	(ii) Except as provided in subsection (d) of this section, who is at least 5
60	60	10 years old alleged to have committed an act: 6
61	61
62	62	1. That, if committed by an adult, would constitute: 7
63	63
64	64	A. A crime of violence, as defined in § 14–101 of the Criminal 8
65	65	Law Article; 9
66	66
67	67	B. A crime involving handguns under § 4–203 or § 4–204 of 10
68	68	the Criminal Law Article; 11
69	69
70	70	C. A crime involving firearms under § 5–133, § 5–134, § 12
71	71	5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article; 13
72	72
73	73	D. Aggravated cruelty to animals under § 10–606 of the 14
74	74	Criminal Law Article; or 15
75	75
76	76	E. Sexual offense in the third degree under § 3–307 of the 16
77	77	Criminal Law Article; or 17
78	78
79	79	2. Arising out of the same incident as an act listed in item 1 18
80	80	of this item; 19
81	81
82	82	(2) A child who is in need of supervision; 20
83	83
84	84	(3) A child who has received a citation for a violation; 21
85	85
86	86	(4) Except as provided in subsection [(d)(6)] (D)(4) of this section, a peace 22
87	87	order proceeding in which the respondent is a child; and 23
88	88
89	89	(5) Proceedings arising under the Interstate Compact on Juveniles. 24
90	90
91	91	(b) The court has concurrent jurisdiction over proceedings against an adult for 25
92	92	the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 26
93	93	under this subsection upon its own motion or upon the motion of any party to the 27
94	94	proceeding, if charges against the adult arising from the same incident are pending in the 28
95	95	criminal court. Upon motion by either the State’s Attorney or the adult charged under § 29
96	96	3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 30
97	97	in the criminal court according to the usual criminal procedure. 31 HOUSE BILL 1433 3
98	98
99	99
100	100
101	101	(c) (1) The jurisdiction of the court is concurrent with that of the District Court 1
102	102	in any criminal case arising under the compulsory public school attendance laws of this 2
103	103	State. 3
104	104
105	105	(2) The jurisdiction of the court is concurrent with that of a federal court 4
106	106	sitting in the State over proceedings involving a violation of federal law committed by a 5
107	107	child on a military installation of the U.S. Department of Defense if: 6
108	108
109	109	(i) The federal court waives exclusive jurisdiction; and 7
110	110
111	111	(ii) The violation of federal law is also a crime under State law. 8
112	112
113	113	(d) The court does not have jurisdiction over: 9
114	114
115	115	(1) [A child at least 14 years old alleged to have done an act that, if 10
116	116	committed by an adult, would be a crime punishable by life imprisonment, as well as all 11
117	117	other charges against the child arising out of the same incident, unless an order removing 12
118	118	the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 13
119	119
120	120	(2)] A child at least 16 years old alleged to have done an act in violation of 14
121	121	any provision of the Transportation Article or other traffic law or ordinance, except an act 15
122	122	that prescribes a penalty of incarceration; 16
123	123
124	124	[(3)] (2) A child at least 16 years old alleged to have done an act in 17
125	125	violation of any provision of law, rule, or regulation governing the use or operation of a boat, 18
126	126	except an act that prescribes a penalty of incarceration; 19
127	127
128	128	[(4)] (3) A child at least 16 years old alleged to have committed any of the 20
129	129	following crimes, as well as all other charges against the child arising out of the same 21
130	130	incident, unless an order removing the proceeding to the court has been filed under § 22
131	131	4–202 of the Criminal Procedure Article: 23
132	132
133	133	(I) ANY CRIME PUNI SHABLE BY LIFE IMPRI SONMENT; 24
134	134
135	135	[(i) Abduction; 25
136	136
137	137	(ii) Kidnapping; 26
138	138
139	139	(iii)] (II) Second degree murder; 27
140	140
141	141	[(iv)] (III) Manslaughter, except involuntary manslaughter; 28
142	142
143	143	[(v)] (IV) Second degree rape; 29
144	144
145	145	[(vi) Robbery under § 3–403 of the Criminal Law Article; 30 4 HOUSE BILL 1433
146	146
147	147
148	148
149	149	(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 1
150	150	Law Article; 2
151	151
152	152	(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 3
153	153	the Public Safety Article; 4
154	154
155	155	(ix) Using, wearing, carrying, or transporting a firearm during and 5
156	156	in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 6
157	157
158	158	(x) Use of a firearm under § 5–622 of the Criminal Law Article; 7
159	159
160	160	(xi)] (V) Carjacking or armed carjacking under § 3–405 of the 8
161	161	Criminal Law Article; 9
162	162
163	163	[(xii) Assault in the first degree under § 3–202 of the Criminal Law 10
164	164	Article; 11
165	165
166	166	(xiii)] (VI) Attempted murder in the second degree under § 2–206 of 12
167	167	the Criminal Law Article; 13
168	168
169	169	[(xiv)] (VII) Attempted rape in the second degree under § 3–310 of the 14
170	170	Criminal Law Article; 15
171	171
172	172	[(xv) Attempted robbery under § 3–403 of the Criminal Law Article;] 16
173	173	or 17
174	174
175	175	[(xvi)] (VIII) A violation of [§ 4–203,] § 4–204[, § 4–404, or § 4–405] of 18
176	176	the Criminal Law Article; 19
177	177
178	178	[(5) A child who previously has been convicted as an adult of a felony and is 20
179	179	subsequently alleged to have committed an act that would be a felony if committed by an 21
180	180	adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 22
181	181	the Criminal Procedure Article; 23
182	182
183	183	(6)] (4) A peace order proceeding in which the victim, as defined in § 24
184	184	3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 25
185	185	Family Law Article; or 26
186	186
187	187	[(7)] (5) Except as provided in subsection (a)(1)(ii) of this section, a 27
188	188	delinquency proceeding against a child who is under the age of 13 years. 28
189	189
190	190	(e) If the child is charged with two or more violations of the Maryland Vehicle 29
191	191	Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 30
192	192	same incident and which would result in the child being brought before both the court and 31 HOUSE BILL 1433 5
193	193
194	194
195	195	a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 1
196	196	charges. 2
197	197
198	198	(f) A child under the age of 13 years may not be charged with a crime. 3
199	199
200	200	3–8A–27. 4
201	201
202	202	(a) (2) This subsection does not prohibit: 5
203	203
204	204	(iv) A law enforcement agency of the State or of a political subdivision 6
205	205	of the State, when necessary and for the sole purposes of facilitating apprehension of a child 7
206	206	and ensuring public safety, from releasing to the public photographs and identifying 8
207	207	information of a child who: 9
208	208
209	209	1. Has escaped from: 10
210	210
211	211	A. A detention center for juveniles; 11
212	212
213	213	B. A secure residential facility for juveniles; or 12
214	214
215	215	C. A correctional unit as defined in § 2–401 of the 13
216	216	Correctional Services Article; 14
217	217
218	218	2. Is a missing child as defined in § 9–401 of the Family Law 15
219	219	Article; or 16
220	220
221	221	3. The court does not have jurisdiction over pursuant to [§ 17
222	222	3–8A–03(d)(1), (4), or (5)] § 3–8A–03(D)(3) of this subtitle and who is subject to: 18
223	223
224	224	A. Arrest; or 19
225	225
226	226	B. An arrest warrant issued by a criminal court. 20
227	227
228	228	Article – Criminal Procedure 21
229	229
230	230	4–202. 22
231	231
232	232	(b) Except as provided in subsection (c) of this section, a court exercising criminal 23
233	233	jurisdiction in a case involving a child may transfer the case to the juvenile court before 24
234	234	trial or before a plea is entered under Maryland Rule 4–242 if: 25
235	235
236	236	(1) the accused child was at least 14 but not 18 years of age when the 26
237	237	alleged crime was committed; 27
238	238
239	239	(2) the alleged crime is excluded from the jurisdiction of the juvenile court 28
240	240	under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(D)(3) of the Courts Article; and 29
241	241	6 HOUSE BILL 1433
242	242
243	243
244	244	(3) the court determines by a preponderance of the evidence that a transfer 1
245	245	of its jurisdiction is in the interest of the child or society. 2
246	246
247	247	(c) The court may not transfer a case to the juvenile court under subsection (b) of 3
248	248	this section if: 4
249	249
250	250	(1) the child was convicted in an unrelated case excluded from the 5
251	251	jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 3–8A–03(D)(3) of the 6
252	252	Courts Article; or 7
253	253
254	254	(2) the alleged crime is murder in the first degree and the accused child 8
255	255	was 16 or 17 years of age when the alleged crime was committed. 9
256	256
257	257	(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to 10
258	258	confidentiality of records apply to all police records and court records concerning the child 11
259	259	excluded from the jurisdiction of the juvenile court under [§ 3–8A–03(d)(1), (4), or (5)] 12
260	260	§ 3–8A–03(D)(3) of the Courts Article from the time of the child’s arrest until: 13
261	261
262	262	(i) the time for filing of a motion to transfer to juvenile court under 14
263	263	the Maryland Rules has expired and no such motion has been filed; or 15
264	264
265	265	(ii) a motion to transfer to juvenile court has been denied. 16
266	266
267	267	(2) If a case is transferred to the juvenile court under this section: 17
268	268
269	269	(i) the provisions of § 3–8A–27 of the Courts Article relating to 18
270	270	confidentiality of records continue to apply to all police and court records concerning the 19
271	271	child; and 20
272	272
273	273	(ii) the criminal charge is subject to expungement under § 10–106 of 21
274	274	this article. 22
275	275
276	276	4–202.2. 23
277	277
278	278	(a) At sentencing, a court exercising criminal jurisdiction in a case involving a 24
279	279	child shall determine whether to transfer jurisdiction to the juvenile court if: 25
280	280
281	281	(1) as a result of trial or a plea entered under Maryland Rule 4–242, all 26
282	282	charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4)] 27
283	283	§ 3–8A–03(D)(3) of the Courts Article do not result in a finding of guilty; and 28
284	284
285	285	(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this 29
286	286	subtitle; or 30
287	287
288	288	(ii) the court did not transfer jurisdiction after a hearing under § 31
289	289	4–202(b) of this subtitle. 32
290	290	HOUSE BILL 1433 7
291	291
292	292
293	293	10–215. 1
294	294
295	295	(a) The following events are reportable events under this subtitle that must be 2
296	296	reported to the Central Repository in accordance with § 10–214 of this subtitle: 3
297	297
298	298	(20) an adjudication of a child as delinquent[: 4
299	299
300	300	(i) if the child is at least 14 years old, for an act described in § 5
301	301	3–8A–03(d)(1) of the Courts Article; or 6
302	302
303	303	(ii)] if the child is at least 16 years old, for an act described in [§ 7
304	304	3–8A–03(d)(4) or (5)] § 3–8A–03(D)(3) of the Courts Article; 8
305	305
306	306	10–216. 9
307	307
308	308	(d) (1) This subsection only applies to an adjudication of delinquency of a 10
309	309	child[: 11
310	310
311	311	(i) for an act described in § 3–8A–03(d)(1) of the Courts Article if the 12
312	312	child is at least 14 years old; or 13
313	313
314	314	(ii)] for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(D)(3) 14
315	315	of the Courts Article if the child is at least 16 years old. 15
316	316
317	317	(2) If a child has not been previously fingerprinted as a result of arrest for 16
318	318	the delinquent act, the court that held the disposition hearing of the child adjudicated 17
319	319	delinquent shall order the child to be fingerprinted by the appropriate and available law 18
320	320	enforcement unit. 19
321	321
322	322	(3) If the child cannot be fingerprinted at the time of the disposition 20
323	323	hearing held under paragraph (2) of this subsection, the court shall order the child to report 21
324	324	to a designated law enforcement unit to be fingerprinted within 3 days after making a 22
325	325	disposition on an adjudication of delinquency. 23
326	326
327	327	Article – Education 24
328	328
329	329	7–303. 25
330	330
331	331	(a) (6) “Reportable offense” means an offense that: 26
332	332
333	333	(i) Occurred off school premises; 27
334	334
335	335	(ii) Did not occur at an event sponsored by the school; and 28
336	336
337	337	(iii) Involved any of the following: 29
338	338	8 HOUSE BILL 1433
339	339
340	340
341	341	1. A crime of violence, as defined in § 14–101 of the Criminal 1
342	342	Law Article; 2
343	343
344	344	2. Any of the offenses enumerated in [§ 3–8A–03(e)(4)] 3
345	345	§ 3–8A–03(D)(3) of the Courts Article; 4
346	346
347	347	3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 5
348	348	Criminal Law Article; 6
349	349
350	350	4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 7
351	351	§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 8
352	352	or § 5–628 of the Criminal Law Article; 9
353	353
354	354	5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 10
355	355	Law Article; 11
356	356
357	357	6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 12
358	358	Criminal Law Article; 13
359	359
360	360	7. A violation of § 9–802 or § 9–803 of the Criminal Law 14
361	361	Article; 15
362	362
363	363	8. A violation of § 3–203 of the Criminal Law Article; 16
364	364
365	365	9. A violation of § 6–301 of the Criminal Law Article; 17
366	366
367	367	10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 18
368	368	Law Article; 19
369	369
370	370	11. A violation of § 7–105 of the Criminal Law Article; 20
371	371
372	372	12. A violation of § 6–202 of the Criminal Law Article; or 21
373	373
374	374	13. A violation of § 10–606 of the Criminal Law Article. 22
375	375
376	376	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 23
377	377	apply only prospectively and may not be applied or interpreted to have any effect on or 24
378	378	application to any criminal prosecution or delinquency proceeding for any act committed 25
379	379	before the effective date of this Act. 26
380	380
381	381	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
382	382	October 1, 2025. 28
383	383