Maryland 2022 Regular Session

Maryland House Bill HB412

Introduced
1/19/22  

Caption

State Commission on Criminal Sentencing Policy – Plea Agreements and Annual Report (The Judicial Transparency Act of 2022)

Impact

The implications of HB 412 on state laws are significant, particularly in terms of how plea deals are negotiated and the extent to which judicial discretion is exercised. By ensuring that plea agreement sentences adhere strictly to established sentencing guidelines, the bill seeks to reduce variations in sentencing outcomes that can arise due to disparate judicial interpretations. This could lead to a more standardized approach to handling violent crimes, aiming to improve public perceptions of fairness and equity in the judicial system.

Summary

House Bill 412, also known as the Judicial Transparency Act of 2022, is designed to reform the process of plea agreements in the Maryland criminal justice system. The bill mandates that sentences stemming from plea agreements are only considered compliant with existing sentencing guidelines if they fall within a specified range. This is intended to ensure that justice is more consistently applied and that offenders receive appropriate consequences that reflect the severity of their actions. The bill also stipulates that the State Commission on Criminal Sentencing Policy must provide an annual report detailing compliance and practices regarding sentencing for violent crimes.

Contention

Despite its intentions, HB 412 has drawn criticism from various quarters. Opponents argue that it could limit the ability of judges to exercise discretion in individual cases, which may be necessary to accommodate the unique circumstances surrounding each incident. They express concern that a rigid adherence to sentencing ranges could lead to unjust outcomes, particularly in cases where mitigating factors may warrant a lower sentence. Additionally, some stakeholders within the criminal justice community fear that the bill could complicate plea negotiations, making it harder for prosecutors and defense attorneys to reach agreements that serve the interests of justice.

Notable_points

Moreover, the requirement for the State Commission to report on crimes of violence, including the nature of the offenses and sentences imposed, signals a shift toward greater accountancy in judicial proceedings. Lawmakers who support the bill emphasize it as a means of fostering greater transparency and public trust in the justice system. Ultimately, the success of HB 412 will depend on how effectively it balances the need for uniformity in sentencing with the essential flexibility required for just outcomes in individual cases.

Companion Bills

MD SB392

Crossfiled State Commission on Criminal Sentencing Policy - Annual Report and Data Dashboard (The Judicial Transparency Act of 2022)

Previously Filed As

MD SB392

State Commission on Criminal Sentencing Policy - Annual Report and Data Dashboard (The Judicial Transparency Act of 2022)

MD HB1185

Criminal Procedure - Plea Agreements - Crime of Violence

MD HB959

Criminal Procedure – Plea Agreements – Crime of Violence

MD SB763

Public Safety and Criminal Justice - Transparency and Accountability

MD SB758

Criminal Procedure - Live Video Streaming of Public Proceedings (The Judicial Transparency Act 2.0)

MD HB89

Criminal Law - Crimes Relating to Animals - Conviction and Sentencing

MD SB152

Criminal Law - Crimes Relating to Animals - Conviction and Sentencing

MD HB667

Criminal Law - Crimes Relating to Animals - Conviction and Sentencing

MD HB499

Criminal Records - Expungement and Maryland Judiciary Case Search (Expungement Reform Act of 2025)

MD SB432

Criminal Records – Expungement and Maryland Judiciary Case Search (Expungement Reform Act of 2025)

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