(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over:
(1) A child who is alleged to be delinquent or in need of supervision or who has received a citation for a violation;
(2) Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and
(3) Proceedings arising under the Interstate Compact on Juveniles.
(b) The court has concurrent jurisdiction over proceedings against an adult for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State’s Attorney or the adult charged under § 3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure.
(c) The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.
(d) The court does not have jurisdiction over:
(1) A child at least 14 years old alleged to have done an act that, if committed by an adult, would be a crime punishable by life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the following crimes, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3–403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal Law Article;
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
(x) Use of a firearm under § 5–622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal Law Article;
(xii) Assault in the first degree under § 3–202 of the Criminal Law Article;
(xiii) Attempted murder in the second degree under § 2–206 of the Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3–310 of the Criminal Law Article;
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is subsequently alleged to have committed an act that would be a felony if committed by an adult, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; or
(6) A peace order proceeding in which the victim, as defined in § 3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the Family Law Article.
(e) If the child is charged with two or more violations of the Maryland Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the charges.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults
Section 3-8A-02 - Purposes and Construction of Subtitle
Section 3-8A-03 - Jurisdiction of Court
Section 3-8A-04 - Applicability of Subtitle 8 Provisions
Section 3-8A-05 - Determination of Jurisdiction
Section 3-8A-06 - Waiver of Jurisdiction
Section 3-8A-07 - Retention, Termination, or Waiver of Jurisdiction
Section 3-8A-09 - Transfer of Proceedings
Section 3-8A-10 - Complaint; Preliminary Procedures
Section 3-8A-11 - Form of Notice of Intake Officer's Decision on Complaint
Section 3-8A-12 - Certain Information Inadmissible in Subsequent Proceedings
Section 3-8A-13 - Petition; General Procedures
Section 3-8A-14 - Taking Child Into Custody
Section 3-8A-14.1 - Taking Child Into Custody -- Arrest Warrant
Section 3-8A-15 - Detention and Shelter Care Prior to Hearing
Section 3-8A-16 - Transfer to Other Facilities
Section 3-8A-16.1 - Blood Lead Level Testing
Section 3-8A-17 - Study and Examination of Child, Etc
Section 3-8A-17.1 - Evaluation of Child's Mental Condition
Section 3-8A-17.2 - Evaluation of Child's Mental Condition -- Scope
Section 3-8A-17.3 - Evaluation of Child's Mental Condition -- Report
Section 3-8A-17.4 - Competency Hearing
Section 3-8A-17.5 - Competency Hearing -- Finding of Competency
Section 3-8A-17.6 - Competency Hearing -- Finding of Incompetency -- Competency Attainment
Section 3-8A-17.7 - Competency Hearing -- Finding of Incompetency -- Evaluations or Dismissal
Section 3-8A-17.8 - Competency Attainment Services and Reporting
Section 3-8A-17.9 - Time Limits for Dismissals
Section 3-8A-17.10 - Hearing on Other Matters
Section 3-8A-17.11 - Presumption
Section 3-8A-17.12 - Regulations
Section 3-8A-18 - Adjudication
Section 3-8A-19 - Disposition; Costs
Section 3-8A-19.1 - Peace Order Request -- Grounds
Section 3-8A-19.2 - Peace Order Request -- Hearing; Forms of Relief
Section 3-8A-19.3 - Peace Order Request -- Service
Section 3-8A-19.4 - Peace Order Request -- Modification or Rescission
Section 3-8A-19.5 - Peace Order Request -- Violations
Section 3-8A-20 - Right to Counsel
Section 3-8A-20.1 - Treatment Service Plan
Section 3-8A-21 - Emergency Medical Treatment
Section 3-8A-22 - Limitations on Place of Commitment
Section 3-8A-23 - Effect of Proceedings Under Subtitle
Section 3-8A-24 - Effective Period of Order of Commitment; Renewal of Order
Section 3-8A-25 - Progress Reports
Section 3-8A-26 - Order Controlling Conduct of Person Before Court
Section 3-8A-27 - Confidentiality of Records
Section 3-8A-27.1 - Expungement of Records
Section 3-8A-28 - Judgment of Restitution
Section 3-8A-29 - Court Ordered Payment
Section 3-8A-30 - Contributing to Certain Conditions of Child
Section 3-8A-32 - Appointment of Attorney or Advocate to Represent Child's Interest
Section 3-8A-33 - Citation for Violation of Certain Alcoholic Beverages Laws
Section 3-8A-34 - Rights of Victim or Witness of Delinquent Act