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Session Laws, 1999
Volume 796, Page 3984   View pdf image
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(B) In any case, except as provided in [subsection (b)] SUBSECTION (C) OF
THIS SECTION, involving a child who has reached 14 years of age but has not reached
18 years of age at the time of any alleged offense excluded under the provisions of §
3-804(e)(l), (4), or (5) of the Courts and Judicial Proceedings Article, the court
exercising jurisdiction may transfer the case to the juvenile court if a waiver is
believed to be in the interests of the child or society.

[(b)] (C) The court may not transfer a case to the juvenile court under
subsection [(a)] (B) OF THIS SECTION if:

(1) The child has previously been waived to juvenile court and
adjudicated delinquent;

(2) The child was convicted in another unrelated case excluded from the
jurisdiction of the juvenile court under § 3-804(e)(l) or (4) of the Courts and Judicial
Proceedings Article; or

(3) The alleged offense is murder in the first degree and the accused
child is 16 or 17 at the time the alleged offense was committed.

[(c)] (D) In making a determination as to waiver of jurisdiction the court shall
consider the following:

(1) Age of child;

(2) Mental and physical condition of child;

(3) The child's amenability to treatment in any institution, facility, or
program available to delinquents;

(4) The nature of the alleged offense; and

(5) The public safety.

[(d)] (E) For the purpose of making its determination, the court may request
that a study concerning the child, [his] THE CHILD'S family, [his] THE CHILD'S
environment, and other matters relevant to the disposition of the case be made.

[(e)] (F) If the jurisdiction is waived, the court may order the person held for
trial under the regular procedures of the juvenile court.

[(f)] (G) The court may order a minor to be held in a juvenile facility pending
a determination under this section to waive jurisdiction over the case involving the
minor to the juvenile court.

(H) (1) (I) A VICTIM SHALL HAVE A RIGHT TO:

(I) BE PRESENT AT A WAIVER HEARING AS PROVIDED UNDER § 857
OF THI
S ARTICLE; AND

(II) ADDRESS THE COURT BEFORE THE DETERMINATION AS TO
WHETHER TO WAIVE
JURISDICTION.

 

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Session Laws, 1999
Volume 796, Page 3984   View pdf image
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