Maryland 2022 Regular Session

Maryland Senate Bill SB769 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	sb0769
6	6
7	7	SENATE BILL 769
8	8	E3, E2 2lr2734
9	9	CF HB 754
10	10	By: Senator Lee
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
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; requiring the juvenile court to 6
24	24	make a juvenile determination; and generally relating to the sentencing of minors 7
25	25	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 SENATE BILL 769
48	48
49	49
50	50
51	51	(B) (1) BEFORE IMPOSING A SENTENCE UNDER THIS SECTION , THE 1
52	52	COURT SHALL CONSIDER THE F OLLOWING FACTORS : 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 CONSEQUENCES OF ACTIONS; 7
62	62
63	63	(V) THE INTELLECTUAL CAPACITY OF THE MINO R; 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 CHILD WELF ARE 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 MINOR; 18
80	80
81	81	(XII) IF A COMPREHENSIVE M ENTAL HEALTH EVALUAT ION OF 19
82	82	THE MINOR WAS CONDUCTED BY A M ENTAL HEALTH PROFESS IONAL LICENSED IN 20
83	83	THE STATE TO TREAT ADOLES CENTS, THE OUTCOME OF THE EVALUATION; 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 EVALUATIO N 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 INDIVIDUAL 26
92	92	AGAINST WHOM THE MIN OR IS CONVICTED OF C OMMITTING THE OFFENS E 27 SENATE BILL 769 3
93	93
94	94
95	95	PREVIOUSLY COMMITTED A SEX CRIME UNDER TITLE 3, SUBTITLE 3 OF THE 1
96	96	CRIMINAL LAW ARTICLE OR HUMAN TRAF FICKING UNDER TITLE 3, SUBTITLE 11 OF 2
97	97	THE CRIMINAL LAW ARTICLE AGAINST THE MINOR WI THIN 1 YEAR BEFORE THE 3
98	98	OFFENSE FOR WHICH TH E MINOR WAS CONVICTE D, THE COURT MAY TRANSF ER THE 4
99	99	MINOR TO THE JUVENILE COURT FOR S ENTENCING. 5
100	100
101	101	(2) THERE IS A PRESUMPTIO N THAT THE SENTENCIN G OF A MINOR 6
102	102	DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION SHOULD BE CONDUCTED BY 7
103	103	THE JUVENILE COURT . 8
104	104
105	105	(3) IF A JUVENILE IS TRAN SFERRED TO THE JURISDICTION OF THE 9
106	106	JUVENILE COURT UNDER THIS SUBSECTIO N, THE JUVENILE COURT SHALL MAKE A 10
107	107	JUVENILE DISPOSITION . 11
108	108
109	109	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
110	110	October 1, 2022. 13