Maryland 2024 Regular Session

Maryland House Bill HB432

Introduced
1/18/24  
Refer
1/18/24  
Report Pass
3/4/24  
Engrossed
3/7/24  
Refer
3/8/24  
Report Pass
4/5/24  
Enrolled
4/8/24  
Chaptered
5/9/24  

Caption

Courts and Judicial Proceedings and Criminal Procedure - Technical Corrections - References to Intellectual Disability

Impact

The enactment of HB 432 will result in a comprehensive shift in the language used in Maryland's laws. Such updates ensure that the text of the law accurately represents the current understanding of mental health issues and disabilities. As a result, this may enhance the treatment of individuals with intellectual disabilities within the legal framework, providing them with more appropriate recognition and consideration during legal proceedings. The bill highlights Maryland's progressive stance on mental health terminology, moving away from archaic phrases that can perpetuate negative stereotypes and bias.

Summary

House Bill 432 addresses the terminology used within Maryland's criminal and judicial laws regarding individuals with intellectual disabilities. This legislation replaces outdated references to 'mental retardation' with 'intellectual disability' throughout various sections of the Annotated Code of Maryland, specifically within the Articles concerning Courts and Judicial Proceedings and Criminal Procedure. The move aligns with contemporary standards in mental health policy and reflects a commitment to promoting more respectful and accurate language in legal contexts. By making these changes, the bill aims to remove stigma and foster better understanding within the judicial system.

Sentiment

The sentiment surrounding HB 432 has been largely supportive among lawmakers and mental health advocates. Proponents argue that updating this terminology is a necessary step towards inclusivity and respect for individuals with disabilities. There is recognition that language plays a crucial role in shaping perceptions and attitudes, especially in legal settings. Critics, however, may voice concerns about the practical implications of terminology changes in legal documents and whether it adequately addresses the underlying issues related to mental health treatment and justice for affected individuals.

Contention

While the bill primarily focuses on semantic changes, some discussion has arisen about the effectiveness of terminology updates in actually improving the conditions for individuals with intellectual disabilities. Skeptics question whether changing words will lead to tangible changes in the justice system or impact how individuals with such disabilities are treated in practice. Additionally, there may be concerns related to the implementation aspects of these changes, such as ensuring that all legal practitioners are adequately trained to understand and apply the new terminology correctly.

Companion Bills

No companion bills found.

Previously Filed As

MD SB744

Crimes and Corrections - Penalties and Procedures (Violent Firearms Offender Act of 2023)

MD HB120

Harford County - Due Process Proceedings for Children With Disabilities - Burden of Proof

MD HB294

County Boards of Education - Due Process Proceedings for Children With Disabilities - Burden of Proof

MD HB381

Baltimore City and Baltimore County – Due Process Proceedings for Children With Disabilities – Burden of Proof

MD HB504

Maryland Developmental Disabilities Council - Establishment

MD HB1165

Alcohol and Tobacco Commission – Technical Corrections and Clarifications

MD HB297

Criminal Law - Victims of Child Sex Trafficking and Human Trafficking - Safe Harbor and Service Response

MD SB192

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB292

Criminal Law - Victims of Child Sex Trafficking and Human Trafficking - Safe Harbor and Service Response

MD HB373

Howard County – Due Process Proceedings for Children With Disabilities – Burden of Proof Ho. Co. 2–23

Similar Bills

MD SB1106

Annual Corrective Bill

UT HB0276

Commitment Revisions

UT HB0334

Guardianships and Supported Decision-Making Agreements Amendments

NM SB260

Developmental Disability References

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

GA SB159

Criminal Procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has intellectual disability; provide

GA HB123

Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide