Maryland 2023 Regular Session

Maryland House Bill HB330 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 EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0330
6	6
7	7	HOUSE BILL 330
8	8	E2 3lr1085
9	9	HB 958/22 – JUD CF 3lr1087
10	10	By: Delegate Williams
11	11	Introduced and read first time: January 25, 2023
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 2022 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 SE RVING 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 THE 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 FI LE A RESPONSE WITHIN 60 DAYS AFTER THE 21
46	46	FILING OF THE MOTION PROVIDING ANY ADDITI ONAL INFORMATION FO R THE 22
47	47	COURT’S CONSIDERATION . 23 2 HOUSE BILL 330
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 INTEREST OF JU STICE 8
62	62	WILL BE BETTER SERVE D BY A REDUCED SENTE NCE. 9
63	63
64	64	(G) THE COURT MAY CONSIDE R THE FOLLOWING FACT ORS 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 I NCARCERATED ; 13
69	69
70	70	(2) EVIDENCE THAT REFLEC TS WHETHER AGE , TIME SERVED , OR 14
71	71	DIMINISHED PHYSICAL CONDITION HAS REDUCE D 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 CONVICTIO N AND SENTENCING SUC H 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 EXPLA IN THE BASIS FOR ITS DECISION 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 SUBSECTION (D) OF THIS SECTION 23
83	83	SHALL BE GIVEN TO TH E VICTIM OR THE VICT IM’S REPRESENTATIVE AS PROVIDED 24
84	84	IN §§ 11–104 AND 11–503 OF THIS ARTICLE. 25
85	85
86	86	(J) IF THE COURT DENIES T HE MOTION, THE STATE’S ATTORNEY MAY NOT 26
87	87	FILE A SUBSEQUENT MOTION UNDER THIS SE CTION 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, 2023. 29
91	91