EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0754*
HOUSE BILL 754
E3, E2 2lr2736
CF 2lr2734
By: Delegate Lopez
Introduced and read first time: February 3, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Minors Convicted as Adults – Sentencing – Transfer to Juvenile Court 2
FOR the purpose of requiring a court to consider certain factors before sentencing a minor 3
convicted as an adult; establishing a presumption that the sentencing of a minor 4
convicted as an adult should be transferred to the juvenile court, under certain 5
circumstances, and authorizing the court to do so; authorizing the juvenile court to 6
simultaneously make a juvenile determination and determine an adult sentence; and 7
generally relating to the sentencing of minors convicted as adults. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 6–235 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
6–235. 17
(A) Notwithstanding any other provision of law, when sentencing a minor 18
convicted as an adult, a court: 19
(1) may impose a sentence less than the minimum term required under 20
law; and 21
(2) may not impose a sentence of life imprisonment without the possibility 22
of parole or release. 23 2 HOUSE BILL 754
(B) (1) BEFORE IMPOSING A SEN TENCE UNDER THIS SEC TION, THE 1
COURT SHALL CONSIDER THE FOLLOWING FAC TORS: 2
(I) THE AGE OF THE MINOR AT THE TIME OF THE O FFENSE; 3
(II) THE CAPACITY OF THE MINOR FOR REHABILITA TION; 4
(III) THE MINOR’S FAMILY AND COMMUNI TY ENVIRONMENT ; 5
(IV) THE MINOR ’S ABILITY TO APPRECI ATE RISKS AND 6
UNDERSTAND THE CONSE QUENCES O F ACTIONS; 7
(V) THE INTELLECTUAL CAP ACITY OF THE MINOR ; 8
(VI) PEER AND FAMILIAL PR ESSURE; 9
(VII) THE LEVEL OF PARTICI PATION OF THE MINOR IN THE 10
OFFENSE; 11
(VIII) THE ABILITY OF THE M INOR TO MEANINGFULLY 12
PARTICIPATE IN THE M INOR’S LEGAL DEFENSE ; 13
(IX) THE INVOLVEMENT OF T HE MINOR IN THE CHIL D WELFARE 14
SYSTEM; 15
(X) PRIOR EXPOSURE OF TH E MINOR TO ADVERSE C HILDHOOD 16
EXPERIENCES AND TRAU MA HISTORY; 17
(XI) FAITH AND COMMUNITY INVOLVEMENT OF THE M INOR; 18
(XII) IF A COMPREHENSIVE M ENTAL HEALTH EV ALUATION OF 19
THE MINOR WAS CONDUC TED BY A MENTAL HEAL TH PROFESSIONAL LICE NSED IN 20
THE STATE TO TREAT ADOLES CENTS, THE OUTCOME OF THE E VALUATION; AND 21
(XIII) ANY OTHER MITIGATING FACTOR OR CIRCUMSTAN CE. 22
(2) A COURT MAY NOT REQUIR E THAT A COMPREHENSI VE MENTAL 23
HEALTH EVALUATION BE CONDUCTED ON A MINOR . 24
(C) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE 25
COURT DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT THE MI NOR IS A 26
VICTIM OF A SEX CRIM E UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 27 HOUSE BILL 754 3
ARTICLE OR A VICTIM OF HUMAN TRAFFICKING UNDER TITLE 3, SUBTITLE 11 OF 1
THE CRIMINAL LAW ARTICLE COMMITTED AGA INST THE MINOR WITHI N 1 YEAR 2
BEFORE THE OFFENSE F OR WHICH THE MINOR W AS CONVICTED , THE COURT MAY 3
TRANSFER THE MINOR T O THE JUVENILE COURT FOR SENTENCING . 4
(2) THERE IS A PRESUMPTIO N THAT THE SENTENCIN G OF A MINOR 5
DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION S HOULD BE CONDUCTED B Y 6
THE JUVENILE COURT . 7
(3) (I) IF A JUVENILE IS TRAN SFERRED TO THE JURIS DICTION OF 8
THE JUVENILE COURT U NDER THIS SUBSECTION , THE JUVENILE COURT MAY 9
SIMULTANEOUSLY MAKE A JUVENILE DISPOSITI ON AND DETERMINE AN ADULT 10
SENTENCE. 11
(II) IF THE MINOR SUCCESSF ULLY COMPLETES THE T ERMS OF 12
THE JUVENILE DISPOSI TION, THE COURT SHALL VACA TE THE ADULT SENTENC E. 13
(III) IF THE MINOR VIOLATES THE CONDITIONS OF TH E 14
JUVENILE DISPOSITION , THE COURT MAY IMPOSE THE ADULT SENTENCE . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17