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*hb0776*
HOUSE BILL 776
E3 6lr2606
HB 1504/25 – HRU
By: Delegates Ruff, Acevero, Amprey, Coley, Hill, Mireku –North, Phillips, Smith,
Taylor, Toles, Wells, White Holland, Wilkins, Williams, and Young
Introduced and read first time: February 4, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 2, 2026
CHAPTER ______
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 a child in need of supervision if the child is alleged to have committed 5
an act that results in the death of a victim; requiring a law enforcement officer to 6
forward a complaint alleging that a child under a certain age committed an act that 7
resulted in the death of a victim to the Department of Juvenile Services; and 8
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 2025 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 2025 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
2 HOUSE BILL 776
Section 2–108 1
Annotated Code of Maryland 2
(2025 Replacement Volume) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Courts and Judicial Proceedings 6
3–8A–10. 7
(b) An intake officer shall receive: 8
(1) Complaints from a person or agency having knowledge of facts which 9
may cause a person to be subject to the jurisdiction of the court under this subtitle; and 10
(2) Citations issued by a police officer under § 3–8A–33 of this subtitle. 11
(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, in 12
considering the complaint, the intake officer shall make an inquiry within 15 business days 13
as to whether the court has jurisdiction and whether judicial action is in the best interests 14
of the public or the child. 15
(ii) If a law enforcement officer requests that the intake officer 16
authorize detention for a child under § 3–8A–15 of this subtitle and the intake officer does 17
not authorize detention, the intake officer shall make an inquiry within 2 business days as 18
to whether the court has jurisdiction and whether judicial action is in the best interests of 19
the public or the child. 20
(2) An inquiry need not include an interview of the child who is the subject 21
of the complaint if the complaint alleges the commission of an act that would be a felony if 22
committed by an adult or alleges a violation of § 4 –203 or § 4 –204 of the Criminal Law 23
Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public 24
Safety Article. 25
(3) In accordance with this section, the intake officer shall, immediately 26
after such inquiry: 27
(i) Authorize the filing of a petition or a peace order request or both; 28
(ii) Propose an informal adjustment of the matter; or 29
(iii) Refuse authorization to file a petition or a peace order request or 30
both. 31
(4) (i) If a complaint is filed that alleges the commission of an act which 32
would be a felony if committed by an adult or alleges a violation of § 4 –203 or § 4 –204 of 33
HOUSE BILL 776 3
the Criminal Law Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 1
5–703 of the Public Safety Article, and if the intake officer denies authorization to file a 2
petition or proposes an informal adjustment, the intake officer shall immediately: 3
1. Forward the complaint to the State’s Attorney; and 4
2. Forward a copy of the entire intake case file to the State’s 5
Attorney with information as to any and all prior intake involvement with the child. 6
(ii) If a complaint is filed that alleges the commission of a delinquent 7
act by a child who was under the supervision of the Department of Juvenile Services at the 8
time of the alleged delinquent act, and if the intake officer denies authorization to file a 9
petition or proposes informal adjustment, the intake officer shall immediately: 10
1. Forward the complaint to the State’s Attorney; and 11
2. Forward a copy of the entire intake case file to the State’s 12
Attorney with information as to any and all prior intake involvement with the child. 13
(iii) The State’s Attorney shall make a preliminary review as to 14
whether the court has jurisdiction and whether judicial action is in the best interests of the 15
public or the child. The need for restitution may be considered as one factor in the public 16
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 17
receipt of the complaint by the State’s Attorney, unless the court extends the time: 18
1. File a petition or a peace order request or both; 19
2. Refer the complaint to the Department of Juvenile 20
Services for informal disposition; or 21
3. Dismiss the complaint. 22
(iv) This paragraph may not be construed to prohibit an intake officer 23
from proceeding with an informal adjustment while the State’s Attorney conducts a 24
preliminary review under subparagraph (ii) or (iii) of this paragraph. 25
(v) This subsection may not be construed or interpreted to limit the 26
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 27
(5) If a complaint is filed that alleges the commission of an act by a child 28
under the age of 13 years that, if committed by an adult, would constitute theft of a motor 29
vehicle under § 7 –105 of the Criminal Law Article, the intake officer shall authorize the 30
filing of a petition alleging that the child is in need of supervision. 31
(6) IF A COMPLAINT IS FILED THAT ALLEGES THE COMMISSION OF AN 32
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 33
4 HOUSE BILL 776
VICTIM, THE INTAKE OFFICER SHALL FILE A PETITION ALLEGING THAT THE CHILD 1
IS IN NEED OF SUPERVISION. 2
Article – Criminal Procedure 3
2–108. 4
(a) A law enforcement officer who charges a minor with a criminal offense shall 5
make a reasonable attempt to provide actual notice to the parent or guardian of the minor 6
of the charge. 7
(b) If a law enforcement officer takes a minor into custody, the law enforcement 8
officer or the officer’s designee shall make a reasonable attempt to notify the parent or 9
guardian of the minor in accordance with the requirements of § 3 –8A–14 of the Courts 10
Article. 11
(c) If a law enforcement officer alleges the commission of an act by a child under 12
the age of 13 years that, if committed by an adult, would constitute theft of a motor vehicle 13
under § 7–105 of the Criminal Law Article, the law enforcement offic er shall forward the 14
complaint to the Department of Juvenile Services to file a petition alleging that the child is 15
in need of supervision. 16
(D) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 17
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS IN THE DEATH OF A 18
VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 19
THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRIATE ACTION. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.