EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0769*
SENATE BILL 769
E3, E2 2lr2734
CF HB 754
By: Senator Lee
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
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; requiring the juvenile court to 6
make a juvenile determination; and generally relating to the sentencing of minors 7
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 SENATE BILL 769
(B) (1) BEFORE IMPOSING A SENTENCE UNDER THIS SECTION , THE 1
COURT SHALL CONSIDER THE F OLLOWING FACTORS : 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 CONSEQUENCES OF ACTIONS; 7
(V) THE INTELLECTUAL CAPACITY OF THE MINO R; 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 CHILD WELF ARE 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 MINOR; 18
(XII) IF A COMPREHENSIVE M ENTAL HEALTH EVALUAT ION OF 19
THE MINOR WAS CONDUCTED BY A M ENTAL HEALTH PROFESS IONAL LICENSED IN 20
THE STATE TO TREAT ADOLES CENTS, THE OUTCOME OF THE EVALUATION; 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 EVALUATIO N 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 INDIVIDUAL 26
AGAINST WHOM THE MIN OR IS CONVICTED OF C OMMITTING THE OFFENS E 27 SENATE BILL 769 3
PREVIOUSLY COMMITTED A SEX CRIME UNDER TITLE 3, SUBTITLE 3 OF THE 1
CRIMINAL LAW ARTICLE OR HUMAN TRAF FICKING UNDER TITLE 3, SUBTITLE 11 OF 2
THE CRIMINAL LAW ARTICLE AGAINST THE MINOR WI THIN 1 YEAR BEFORE THE 3
OFFENSE FOR WHICH TH E MINOR WAS CONVICTE D, THE COURT MAY TRANSF ER THE 4
MINOR TO THE JUVENILE COURT FOR S ENTENCING. 5
(2) THERE IS A PRESUMPTIO N THAT THE SENTENCIN G OF A MINOR 6
DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION SHOULD BE CONDUCTED BY 7
THE JUVENILE COURT . 8
(3) IF A JUVENILE IS TRAN SFERRED TO THE JURISDICTION OF THE 9
JUVENILE COURT UNDER THIS SUBSECTIO N, THE JUVENILE COURT SHALL MAKE A 10
JUVENILE DISPOSITION . 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2022. 13