Maryland 2022 Regular Session

Maryland House Bill HB958 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	hb0958
6	6
7	7	HOUSE BILL 958
8	8	E2 2lr2404
9	9	CF 2lr3236
10	10	By: Delegate Williams
11	11	Introduced and read first time: February 10, 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	Criminal Procedure – Postconviction Review – Motion for Reduction of 2
19	19	Sentence 3
20	20
21	21	FOR the purpose of authorizing a State’s Attorney to file a certain motion for a reduction 4
22	22	of sentence at a certain time; establishing procedures for a proceeding under this 5
23	23	Act; and generally relating to postconviction review. 6
24	24
25	25	BY adding to 7
26	26	Article – Criminal Procedure 8
27	27	Section 8–111 9
28	28	Annotated Code of Maryland 10
29	29	(2018 Replacement Volume and 2021 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Criminal Procedure 14
35	35
36	36	8–111. 15
37	37
38	38	(A) THIS SECTION APPLIES TO ANY INDIVIDUAL S ERVING A SENTENCE OF 16
39	39	INCARCERATION . 17
40	40
41	41	(B) THE STATE’S ATTORNEY MAY FILE A M OTION FOR REDUCTION OF 18
42	42	SENTENCE AT ANY TIME DURING T HE PERIOD OF ACTIVE INCARCERATION 19
43	43	RECOMMENDING A LESSE R SENTENCE IF IT IS IN THE INTEREST OF J USTICE. 20
44	44
45	45	(C) THE INDIVIDUAL MAY FILE A RESPONSE WITHIN 60 DAYS AFTER THE 21
46	46	FILING OF THE MOTION PROVIDING ANY ADDITI ONAL INFORMATION FOR THE 22
47	47	COURT’S CONSIDERATION . 23 2 HOUSE BILL 958
48	48
49	49
50	50
51	51	(D) THE COURT SHALL HOLD A TIMELY HEARING ON THE MOTION. 1
52	52
53	53	(E) (1) THE INDIVIDUAL SHALL BE PRESENT AT THE HE ARING, UNLESS 2
54	54	THE INDIVIDUAL WAIVE S THE RIGHT TO BE PR ESENT. 3
55	55
56	56	(2) THE REQUIREMENT THAT THE INDIVIDUAL BE PR ESENT AT THE 4
57	57	HEARING IS SATISFIED IF THE HEARING IS CO NDUCTED BY VIDEO CON FERENCE. 5
58	58
59	59	(F) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AFTER A HEARING 6
60	60	UNDER SUBSECTION (D) OF THIS SECTION, THE COURT MAY REDUCE THE DURATION 7
61	61	OF THE SENTENCE IF T HE COURT DETERMINES THAT THE INTERESTS OF JUSTICE 8
62	62	WILL BE BETTER SERVE D BY A REDUCED SENTE NCE. 9
63	63
64	64	(G) THE COURT MAY CONSIDER TH E FOLLOWING FACTORS WHEN 10
65	65	DETERMINING WHETHER TO REDUCE A SENTENCE UNDER THIS SECTION : 11
66	66
67	67	(1) THE INMATE ’S DISCIPLINARY RECOR D AND RECORD OF 12
68	68	REHABILITATION AND MATURITY WHILE INCAR CERATED; 13
69	69
70	70	(2) EVIDENCE THAT REFLEC TS WHETHER AGE , TIME SERVED , OR 14
71	71	DIMINISHED PHYSICAL CONDITION HA S REDUCED THE INMATE ’S RISK FOR FUTURE 15
72	72	VIOLENCE; AND 16
73	73
74	74	(3) EVIDENCE THAT REFLEC TS THAT CIRCUMSTANCE S HAVE 17
75	75	CHANGED SINCE THE IN MATE’S ORIGINAL CONVICTION A ND SENTENCING SUCH 18
76	76	THAT THE INMATE ’S CONTINUED INCARCER ATION IS NO LONGER I N THE INTEREST 19
77	77	OF JUSTICE. 20
78	78
79	79	(H) THE COURT SHALL EXPLAIN THE BASIS FOR ITS DE CISION TO GRANT OR 21
80	80	DENY THE MOTION IN O PEN COURT OR IN A WR ITTEN OPINION. 22
81	81
82	82	(I) NOTICE OF THE HEARING UNDER THIS SUBSECTIO N SHALL BE GIVEN TO 23
83	83	THE VICTIM OR THE VI CTIM’S REPRESENTATIVE AS PROVIDED IN §§ 11–104 AND 24
84	84	11–503 OF THIS ARTICLE. 25
85	85
86	86	(J) IF THE COURT DENIES THE MOT ION, THE STATE’S ATTORNEY MAY NOT 26
87	87	FILE A SUBSEQUENT MO TION UNDER THIS SECTION FOR AT LEAST 3 YEARS. 27
88	88
89	89	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
90	90	October 1, 2022. 29