Maryland 2022 Regular Session

Maryland House Bill HB754 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0754
6	6
7	7	HOUSE BILL 754
8	8	E3, E2 2lr2736
9	9	CF 2lr2734
10	10	By: Delegate Lopez
11	11	Introduced and read first time: February 3, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Minors Convicted as Adults – Sentencing – Transfer to Juvenile Court 2
19	19
20	20	FOR the purpose of requiring a court to consider certain factors before sentencing a minor 3
21	21	convicted as an adult; establishing a presumption that the sentencing of a minor 4
22	22	convicted as an adult should be transferred to the juvenile court, under certain 5
23	23	circumstances, and authorizing the court to do so; authorizing the juvenile court to 6
24	24	simultaneously make a juvenile determination and determine an adult sentence; and 7
25	25	generally relating to the sentencing of minors convicted as adults. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Criminal Procedure 10
29	29	Section 6–235 11
30	30	Annotated Code of Maryland 12
31	31	(2018 Replacement Volume and 2021 Supplement) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Criminal Procedure 16
37	37
38	38	6–235. 17
39	39
40	40	(A) Notwithstanding any other provision of law, when sentencing a minor 18
41	41	convicted as an adult, a court: 19
42	42
43	43	(1) may impose a sentence less than the minimum term required under 20
44	44	law; and 21
45	45
46	46	(2) may not impose a sentence of life imprisonment without the possibility 22
47	47	of parole or release. 23 2 HOUSE BILL 754
48	48
49	49
50	50
51	51	(B) (1) BEFORE IMPOSING A SEN TENCE UNDER THIS SEC TION, THE 1
52	52	COURT SHALL CONSIDER THE FOLLOWING FAC TORS: 2
53	53
54	54	(I) THE AGE OF THE MINOR AT THE TIME OF THE O FFENSE; 3
55	55
56	56	(II) THE CAPACITY OF THE MINOR FOR REHABILITA TION; 4
57	57
58	58	(III) THE MINOR’S FAMILY AND COMMUNI TY ENVIRONMENT ; 5
59	59
60	60	(IV) THE MINOR ’S ABILITY TO APPRECI ATE RISKS AND 6
61	61	UNDERSTAND THE CONSE QUENCES O F ACTIONS; 7
62	62
63	63	(V) THE INTELLECTUAL CAP ACITY OF THE MINOR ; 8
64	64
65	65	(VI) PEER AND FAMILIAL PR ESSURE; 9
66	66
67	67	(VII) THE LEVEL OF PARTICI PATION OF THE MINOR IN THE 10
68	68	OFFENSE; 11
69	69
70	70	(VIII) THE ABILITY OF THE M INOR TO MEANINGFULLY 12
71	71	PARTICIPATE IN THE M INOR’S LEGAL DEFENSE ; 13
72	72
73	73	(IX) THE INVOLVEMENT OF T HE MINOR IN THE CHIL D WELFARE 14
74	74	SYSTEM; 15
75	75
76	76	(X) PRIOR EXPOSURE OF TH E MINOR TO ADVERSE C HILDHOOD 16
77	77	EXPERIENCES AND TRAU MA HISTORY; 17
78	78
79	79	(XI) FAITH AND COMMUNITY INVOLVEMENT OF THE M INOR; 18
80	80
81	81	(XII) IF A COMPREHENSIVE M ENTAL HEALTH EV ALUATION OF 19
82	82	THE MINOR WAS CONDUC TED BY A MENTAL HEAL TH PROFESSIONAL LICE NSED IN 20
83	83	THE STATE TO TREAT ADOLES CENTS, THE OUTCOME OF THE E VALUATION; AND 21
84	84
85	85	(XIII) ANY OTHER MITIGATING FACTOR OR CIRCUMSTAN CE. 22
86	86
87	87	(2) A COURT MAY NOT REQUIR E THAT A COMPREHENSI VE MENTAL 23
88	88	HEALTH EVALUATION BE CONDUCTED ON A MINOR . 24
89	89
90	90	(C) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE 25
91	91	COURT DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT THE MI NOR IS A 26
92	92	VICTIM OF A SEX CRIM E UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 27 HOUSE BILL 754 3
93	93
94	94
95	95	ARTICLE OR A VICTIM OF HUMAN TRAFFICKING UNDER TITLE 3, SUBTITLE 11 OF 1
96	96	THE CRIMINAL LAW ARTICLE COMMITTED AGA INST THE MINOR WITHI N 1 YEAR 2
97	97	BEFORE THE OFFENSE F OR WHICH THE MINOR W AS CONVICTED , THE COURT MAY 3
98	98	TRANSFER THE MINOR T O THE JUVENILE COURT FOR SENTENCING . 4
99	99
100	100	(2) THERE IS A PRESUMPTIO N THAT THE SENTENCIN G OF A MINOR 5
101	101	DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION S HOULD BE CONDUCTED B Y 6
102	102	THE JUVENILE COURT . 7
103	103
104	104	(3) (I) IF A JUVENILE IS TRAN SFERRED TO THE JURIS DICTION OF 8
105	105	THE JUVENILE COURT U NDER THIS SUBSECTION , THE JUVENILE COURT MAY 9
106	106	SIMULTANEOUSLY MAKE A JUVENILE DISPOSITI ON AND DETERMINE AN ADULT 10
107	107	SENTENCE. 11
108	108
109	109	(II) IF THE MINOR SUCCESSF ULLY COMPLETES THE T ERMS OF 12
110	110	THE JUVENILE DISPOSI TION, THE COURT SHALL VACA TE THE ADULT SENTENC E. 13
111	111
112	112	(III) IF THE MINOR VIOLATES THE CONDITIONS OF TH E 14
113	113	JUVENILE DISPOSITION , THE COURT MAY IMPOSE THE ADULT SENTENCE . 15
114	114
115	115	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
116	116	October 1, 2022. 17
117	117