EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0330*
HOUSE BILL 330
E2 3lr1085
HB 958/22 – JUD CF 3lr1087
By: Delegate Williams
Introduced and read first time: January 25, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Postconviction Review – Motion for Reduction of 2
Sentence 3
FOR the purpose of authorizing a State’s Attorney to file a certain motion for a reduction 4
of sentence at a certain time; establishing procedures for a proceeding under this 5
Act; and generally relating to postconviction review. 6
BY adding to 7
Article – Criminal Procedure 8
Section 8–111 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Procedure 14
8–111. 15
(A) THIS SECTION APPLIES TO ANY INDIVIDUAL SE RVING A SENTENCE OF 16
INCARCERATION . 17
(B) THE STATE’S ATTORNEY MAY FILE A M OTION FOR REDUCTION OF 18
SENTENCE AT ANY TIME DURING THE PERIOD OF ACTIVE INCARCERATION 19
RECOMMENDING A LESSE R SENTENCE IF IT IS IN THE INTEREST OF J USTICE. 20
(C) THE INDIVIDUAL MAY FI LE A RESPONSE WITHIN 60 DAYS AFTER THE 21
FILING OF THE MOTION PROVIDING ANY ADDITI ONAL INFORMATION FO R THE 22
COURT’S CONSIDERATION . 23 2 HOUSE BILL 330
(D) THE COURT SHALL HOLD A TIMELY HEARING ON THE MOTION. 1
(E) (1) THE INDIVIDUAL SHALL BE PRESENT AT THE HE ARING, UNLESS 2
THE INDIVIDUAL WAIVE S THE RIGHT TO BE PR ESENT. 3
(2) THE REQUIREMENT THAT THE INDIVIDUAL BE PR ESENT AT THE 4
HEARING IS SATISFIED IF THE HEARING IS CO NDUCTED BY VIDEO CON FERENCE. 5
(F) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AFTER A HEARING 6
UNDER SUBSECTION (D) OF THIS SECTION, THE COURT MAY REDUCE THE DURATION 7
OF THE SENTENCE IF T HE COURT DETERMINES THAT THE INTEREST OF JU STICE 8
WILL BE BETTER SERVE D BY A REDUCED SENTE NCE. 9
(G) THE COURT MAY CONSIDE R THE FOLLOWING FACT ORS WHEN 10
DETERMINING WHETHER TO REDUCE A SENTENCE UNDER THIS SECTION : 11
(1) THE INMATE ’S DISCIPLINARY RECOR D AND RECORD OF 12
REHABILITATION AND MATURITY WHILE I NCARCERATED ; 13
(2) EVIDENCE THAT REFLEC TS WHETHER AGE , TIME SERVED , OR 14
DIMINISHED PHYSICAL CONDITION HAS REDUCE D THE INMATE’S RISK FOR FUTURE 15
VIOLENCE; AND 16
(3) EVIDENCE THAT REFLEC TS THAT CIRCUMSTANCE S HAVE 17
CHANGED SINCE THE IN MATE’S ORIGINAL CONVICTIO N AND SENTENCING SUC H 18
THAT THE INMATE ’S CONTINUED INCARCER ATION IS NO LONGER I N THE INTEREST 19
OF JUSTICE. 20
(H) THE COURT SHALL EXPLA IN THE BASIS FOR ITS DECISION TO GRANT OR 21
DENY THE MOTION IN O PEN COURT OR IN A WR ITTEN OPINION. 22
(I) NOTICE OF THE HEARING UNDER SUBSECTION (D) OF THIS SECTION 23
SHALL BE GIVEN TO TH E VICTIM OR THE VICT IM’S REPRESENTATIVE AS PROVIDED 24
IN §§ 11–104 AND 11–503 OF THIS ARTICLE. 25
(J) IF THE COURT DENIES T HE MOTION, THE STATE’S ATTORNEY MAY NOT 26
FILE A SUBSEQUENT MOTION UNDER THIS SE CTION FOR AT LEAST 3 YEARS. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29