EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0842*
SENATE BILL 842
E5, E2 2lr2012
HB 323/20 – JUD
By: Senator Benson
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Petition to Modify or Reduce Sentence 2
(Maryland Second Look Act) 3
FOR the purpose of authorizing a person who is serving a term of confinement to petition 4
a court to modify or reduce the sentence under certain circumstances; providing that 5
a certain petitioner is entitled to assistance of counsel and, under certain 6
circumstances, representation by the Office of the Public Defender; authorizing a 7
certain person to apply to the Court of Special Appeals for leave to appeal a certain 8
order in a certain manner and within a certain period of time after a court passes an 9
order in accordance with the provisions of this Act; and generally relating to a 10
petition to modify or reduce a life sentence. 11
BY adding to 12
Article – Criminal Procedure 13
Section 8–501 to be under the new subtitle “Subtitle 5. Petition to Modify or Reduce 14
Sentence” 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Procedure 20
SUBTITLE 5. PETITION TO MODIFY OR REDUCE SENTENCE. 21
8–501. 22
(A) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PERSON 23
WHO IS SERVING A TER M OF CONFINEMENT MAY PETITION THE COURT T O MODIFY 24 2 SENATE BILL 842
OR REDUCE THE SENTEN CE, REGARDLESS OF WHETHE R THE PERSON FILED A 1
TIMELY MOTION FOR RE CONSIDERATION UNDER MARYLAND RULE 4–345(E) OR 2
WHETHER A PRIOR MOTION FOR RECONSIDERATION WAS DENIED BY THE CO URT, IF: 3
(I) THE PETITIONER HAS S ERVED THE GREATER OF AT LEAST: 4
1. 20 YEARS OF THE TERM OF CONFINEMENT WITHOUT 5
APPLICATION OF DIMIN UTION CREDITS; OR 6
2. THE EQUIVALENT OF 25 YEARS OF THE TERM OF 7
CONFINEMENT WITH APP LICATION OF DIMINUTI ON CREDITS; AND 8
(II) AT LEAST 5 YEARS HAVE PASSED SI NCE THE COURT 9
DECIDED ANY PETITION PREVIOUSLY FILED BY THE PETITIONER UNDER THIS 10
SECTION. 11
(2) A PETITIONER SHALL FIL E A PETITION TO MODI FY OR REDUCE A 12
SENTENCE UNDER THIS SECTION IN THE CIRCU IT COURT FOR THE COU NTY IN WHICH 13
THE SENTENCE WAS IMP OSED. 14
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , A 15
COURT SHALL HOLD A H EARING ON A PETITION TO REDUCE OR MODIFY A SENTENCE 16
UNDER THIS SECTION. 17
(2) THE HEARING REQUIRED UNDER PARAGRAPH (1) OF THIS 18
SUBSECTION SHALL BE HELD AFTER THE COURT HAS DETERMINED THAT : 19
(I) THE PETITIONER IS EL IGIBLE TO FILE A PET ITION UNDER 20
SUBSECTION (A) OF THIS SECTION; AND 21
(II) THE STATE’S ATTORNEY HAS SATISFIED THE 22
REQUIREMENTS FOR PRO VIDING NOTICE TO VIC TIMS OR VICTIMS ’ 23
REPRESENTATIVES UNDE R SUBSECTION (C) OF THIS SECTION. 24
(3) IF A HEARING IS HELD UNDER THIS SECTION : 25
(I) THE HEARING AND THE COURT’S DECISION REGARDING 26
WHETHER TO MODIFY OR REDUCE THE PETITIONER ’S SENTENCE SHALL BE ON THE 27
RECORD AND IN OPEN C OURT; AND 28
(II) THE COURT SHALL STAT E THE REASONS FOR IT S DECISION 29
REGARDING WHETHER TO MODIFY OR REDUCE THE PETITIONER’S SENTENCE. 30
SENATE BILL 842 3
(4) A PETITIONER MAY WAIVE THE RIGHT TO BE PRES ENT AT A 1
HEARING HELD UNDER T HIS SECTION. 2
(5) A COURT MAY NOT HOLD A HEARING UNDER THIS S ECTION IF THE 3
COURT DETERMINES THA T THE PETITIONER IS NOT ELIGIBLE TO FILE A PETITION 4
UNDER SUBSECTION (A) OF THIS SECTION. 5
(C) (1) THE STATE’S ATTORNEY SHALL GIVE N OTICE TO EACH VICTIM 6
AND VICTIM’S REPRESENTATIVE WHO HAS FILED A CRIME VICTIM NOTIFICATION 7
REQUEST FORM UNDER § 11–104 OF THIS ARTICLE OR W HO HAS SUBMITTED A 8
WRITTEN REQUEST TO T HE STATE’S ATTORNEY TO BE NOTIFI ED OF SUBSEQUENT 9
PROCEEDINGS UNDER § 11–503 OF THIS ARTICLE: 10
(I) THAT A PETITION TO M ODIFY OR REDUCE A SE NTENCE HAS 11
BEEN FILED UNDER THI S SECTION; 12
(II) EITHER THAT THE PETI TION HAS BEEN DENIED WITHOUT A 13
HEARING, OR OF THE DATE, TIME, AND LOCATION OF THE HEARING; AND 14
(III) IF A HEARING IS TO BE HELD, THAT EACH VICTIM OR 15
VICTIM’S REPRESENTATIVE MAY ATTEND AND TESTIFY . 16
(2) A VICTIM OR A VICTIM ’S REPRESENTATIVE IS ENTITLED TO AN 17
OPPORTUNITY TO ATTEN D AND TESTIFY IN THE MANNER PROVIDED BY MARYLAND 18
RULE 4–345. 19
(D) A PETITIONER WHO HAS B EEN DETERMINED TO BE ELIGIB LE TO FILE A 20
PETITION UNDER SUBSE CTION (A) OF THIS SECTION IS E NTITLED TO THE 21
ASSISTANCE OF COUNSE L AND, IF INDIGENT, TO REPRESENTATION BY THE OFFICE 22
OF THE PUBLIC DEFENDER. 23
(E) (1) FOR A PETITIONER WHO WAS SENTENCED TO A T ERM OF 24
CONFINEMENT FOR AN OFFEN SE THAT WAS COMMITTE D WHEN THE PETITIONE R 25
WAS A MINOR , THE COURT SHALL MODI FY THE SENTENCE IN A MANNER 26
REASONABLY CALCULATE D TO RESULT IN THE P ETITIONER’S RELEASE WITHIN 3 27
YEARS IF THE COURT F INDS THAT THE PETITI ONER HAS MATURED AND 28
REHABILITATED SUCH THAT RETENTION OF THE SEN TENCE IS NOT NECESSA RY FOR 29
THE PROTECTION OF TH E PUBLIC. 30
(2) FOR A PETITIONER WHO WAS SENTENCED TO A T ERM OF 31
CONFINEMENT WHEN THE PETITIONER WAS AT LEAST 18 YEARS OLD, THE COURT 32
MAY MODIFY THE SENTE NCE IF THE COU RT FINDS THAT RETENT ION OF THE 33
SENTENCE IS NOT NECE SSARY FOR THE PROTEC TION OF THE PUBLIC . 34 4 SENATE BILL 842
(3) A COURT MAY NOT MODIFY OR REDUCE A SENTENCE UNDER THIS 1
SECTION UNLESS THE C OURT GIVES THE STATE’S ATTORNEY AND EACH VIC TIM OR 2
VICTIM’S REPRESENTATIVE WHO REQUESTS AN OPPORTUNITY TO BE HEARD THE 3
OPPORTUNITY TO OBJEC T TO THE PETITION TO MODIFY OR REDUCE THE SENTENCE. 4
(4) A COURT MAY NOT INCREA SE THE LENGTH OF A S ENTENCE UNDER 5
THIS SECTION. 6
(F) WITHIN 30 DAYS AFTER THE COURT PASSES AN ORDER IN A CCORDANCE 7
WITH THIS SECTION, THE PETITIONER OR TH E STATE MAY APPLY TO TH E COURT OF 8
SPECIAL APPEALS FOR LEAVE TO APPEAL THE ORDER IN THE MANNER PROVIDED 9
BY MARYLAND RULE 8–204. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12