Maryland 2023 Regular Session

Maryland Senate Bill SB771 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	sb0771
6	6
7	7	SENATE BILL 771
8	8	E2 3lr1658
9	9	SB 842/22 – JPR
10	10	By: Senators Benson, Hettleman, and Augustine
11	11	Introduced and read first time: February 6, 2023
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	Criminal Procedure – Petition to Modify or Reduce Sentence 2
19	19	(Maryland Second Look Act) 3
20	20
21	21	FOR the purpose of authorizing a person who is serving a term of confinement to petition 4
22	22	a court to modify or reduce the sentence under certain circumstances; providing that 5
23	23	a certain petitioner is entitled to assistance of counsel and, under certain 6
24	24	circumstances, representation by the Office of the Public Defender; authorizing a 7
25	25	certain person to apply to the Appellate Court of Maryland for leave to appeal a 8
26	26	certain order in a certain manner and within a certain period of time after a court 9
27	27	passes an order in accordance with the provisions of this Act; and generally relating 10
28	28	to a petition to modify or reduce a sentence. 11
29	29
30	30	BY adding to 12
31	31	Article – Criminal Procedure 13
32	32	Section 8–501 to be under the new subtitle “Subtitle 5. Petition to Modify or Reduce 14
33	33	Sentence” 15
34	34	Annotated Code of Maryland 16
35	35	(2018 Replacement Volume and 2022 Supplement) 17
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
38	38	That the Laws of Maryland read as follows: 19
39	39
40	40	Article – Criminal Procedure 20
41	41
42	42	SUBTITLE 5. PETITION TO MODIFY OR REDUCE SENTENCE. 21
43	43
44	44	8–501. 22
45	45
46	46	(A) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PERSON 23
47	47	WHO IS SERVING A TER M OF CONFINEMENT MAY PETITION THE COURT T O MODIFY 24 2 SENATE BILL 771
48	48
49	49
50	50	OR REDUCE THE SENTEN CE, REGARDLESS OF WHETHE R THE PERSON FILED A 1
51	51	TIMELY MOTION FOR RE CONSIDERATIO N UNDER MARYLAND RULE 4–345(E) OR 2
52	52	WHETHER A PRIOR MOTI ON FOR RECONSIDERATI ON WAS DENIED BY THE COURT, IF: 3
53	53
54	54	(I) THE PETITIONER HAS S ERVED THE GREATER OF AT LEAST: 4
55	55
56	56	1. 20 YEARS OF THE TERM OF CONFINEMENT WITHOUT 5
57	57	APPLICATION OF DIMIN UTION CREDITS; OR 6
58	58
59	59	2. THE EQUIVALENT OF 25 YEARS OF THE TERM OF 7
60	60	CONFINEMENT WITH APP LICATION OF DIMINUTI ON CREDITS; AND 8
61	61
62	62	(II) AT LEAST 5 YEARS HAVE PASSED SI NCE THE COURT 9
63	63	DECIDED ANY PETITION PREVIOUSLY FILED BY THE PETITIONER UNDER THIS 10
64	64	SECTION. 11
65	65
66	66	(2) A PETITIONER SHALL FILE A PETITIO N TO MODIFY OR REDUC E A 12
67	67	SENTENCE UNDER THIS SECTION IN THE CIRCU IT COURT FOR THE COU NTY IN WHICH 13
68	68	THE SENTENCE WAS IMP OSED. 14
69	69
70	70	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , A 15
71	71	COURT SHALL HOLD A H EARING ON A PETITION TO REDUCE OR MODIFY A SE NTENCE 16
72	72	UNDER THIS SECTION . 17
73	73
74	74	(2) THE HEARING REQUIRED UNDER PARAGRAPH (1) OF THIS 18
75	75	SUBSECTION SHALL BE HELD AFTER THE COURT HAS DETERMINED THAT : 19
76	76
77	77	(I) THE PETITIONER IS EL IGIBLE TO FILE A PET ITION UNDER 20
78	78	SUBSECTION (A) OF THIS SECTION; AND 21
79	79
80	80	(II) THE STATE’S ATTORNEY HAS SATISFIE D THE 22
81	81	REQUIREMENTS FOR PRO VIDING NOTICE TO VIC TIMS OR VICTIMS ’ 23
82	82	REPRESENTATIVES UNDE R SUBSECTION (C) OF THIS SECTION. 24
83	83
84	84	(3) IF A HEARING IS HELD UNDER THIS SECTION : 25
85	85
86	86	(I) THE HEARING AND THE COURT’S DECISION REGARDING 26
87	87	WHETHER TO MODIFY OR REDUCE THE PETITIONE R’S SENTENCE SHALL BE ON THE 27
88	88	RECORD AND IN OPEN C OURT; AND 28
89	89
90	90	(II) THE COURT SHALL STAT E THE REASONS FOR IT S DECISION 29
91	91	REGARDING WHETHER TO MODIFY OR REDUCE THE PETITIONER’S SENTENCE. 30
92	92	SENATE BILL 771 3
93	93
94	94
95	95	(4) A PETITIONER MAY WAIVE THE RIGHT TO BE PRESENT AT A 1
96	96	HEARING HELD UNDER T HIS SECTION. 2
97	97
98	98	(5) A COURT MAY NOT HOLD A HEARING UNDER THIS S ECTION IF THE 3
99	99	COURT DETERMINES THA T THE PETITIONER IS NOT ELIGIBLE TO FILE A PETITION 4
100	100	UNDER SUBSECTION (A) OF THIS SECTION. 5
101	101
102	102	(C) (1) THE STATE’S ATTORNEY SHALL GIVE N OTICE TO EACH VICTIM 6
103	103	AND VICTIM’S REPRESENTATIVE WHO HAS FILED A CRIME VICTIM NOTIFICATION 7
104	104	REQUEST FORM UNDER § 11–104 OF THIS ARTICLE OR W HO HAS SUBMITTED A 8
105	105	WRITTEN REQUEST TO T HE STATE’S ATTORNEY TO BE NOTIFI ED OF SUBSEQU ENT 9
106	106	PROCEEDINGS UNDER § 11–503 OF THIS ARTICLE: 10
107	107
108	108	(I) THAT A PETITION TO M ODIFY OR REDUCE A SE NTENCE HAS 11
109	109	BEEN FILED UNDER THI S SECTION; 12
110	110
111	111	(II) EITHER THAT THE PETI TION HAS BEEN DENIED WITHOUT A 13
112	112	HEARING, OR OF THE DATE, TIME, AND LOCATION OF THE HEARING; AND 14
113	113
114	114	(III) IF A HEARING IS TO B E HELD, THAT EACH VICTIM OR 15
115	115	VICTIM’S REPRESENTATIVE MAY ATTEND AND TESTIFY . 16
116	116
117	117	(2) A VICTIM OR A VICTIM ’S REPRESENTATIVE IS ENTITLED TO AN 17
118	118	OPPORTUNITY TO ATTEN D AND TESTIFY IN THE MANNER PROVIDED BY MARYLAND 18
119	119	RULE 4–345. 19
120	120
121	121	(D) A PETITIONER WHO HAS B EEN DETERMINED TO BE ELIGIBLE TO FILE A 20
122	122	PETITION UNDER SUBSE CTION (A) OF THIS SECTION IS E NTITLED TO THE 21
123	123	ASSISTANCE OF COUNSE L AND, IF INDIGENT, TO REPRESENTATION BY THE OFFICE 22
124	124	OF THE PUBLIC DEFENDER. 23
125	125
126	126	(E) (1) FOR A PETI TIONER WHO WAS SENTE NCED TO A TERM OF 24
127	127	CONFINEMENT FOR AN O FFENSE THAT WAS COMM ITTED WHEN THE PETIT IONER 25
128	128	WAS A MINOR , THE COURT SHALL MODI FY THE SENTENCE IN A MANNER 26
129	129	REASONABLY CALCULATE D TO RESULT IN THE P ETITIONER’S RELEASE WITHIN 3 27
130	130	YEARS IF THE COURT F INDS THAT THE PETITION ER HAS MATURED AND 28
131	131	REHABILITATED SUCH T HAT RETENTION OF THE SENTENCE IS NOT NECE SSARY FOR 29
132	132	THE PROTECTION OF TH E PUBLIC. 30
133	133
134	134	(2) FOR A PETITIONER WHO WAS SENTENCED TO A T ERM OF 31
135	135	CONFINEMENT WHEN THE PETITIONER WAS AT LE AST 18 YEARS OLD, THE COURT 32
136	136	MAY MODIFY THE SENTE NCE IF THE COURT FIN DS THAT RETENTION OF THE 33
137	137	SENTENCE IS NOT NECE SSARY FOR THE PROTEC TION OF THE PUBLIC . 34 4 SENATE BILL 771
138	138
139	139
140	140
141	141	(3) A COURT MAY NOT MODIFY OR REDUCE A SENTENCE UNDER THIS 1
142	142	SECTION UNLESS THE C OURT GIVES THE STATE’S ATTORNEY AND EACH VICTIM OR 2
143	143	VICTIM’S REPRESENTATIVE WHO REQUESTS AN OPPORTUN ITY TO BE HEARD THE 3
144	144	OPPORTUNITY TO OBJEC T TO THE PETITION TO MODIFY OR REDUCE THE SENTENCE. 4
145	145
146	146	(4) A COURT MAY NOT INCREA SE THE LENGTH OF A S ENTENCE UNDER 5
147	147	THIS SECTION. 6
148	148
149	149	(F) WITHIN 30 DAYS AFTER TH E COURT PASSES AN OR DER IN ACCORDANCE 7
150	150	WITH THIS SECTION , THE PETITIONER OR TH E STATE MAY APPLY TO TH E 8
151	151	APPELLATE COURT OF MARYLAND FOR LEAVE TO APPEAL THE ORDER IN THE 9
152	152	MANNER PROVIDED BY MARYLAND RULE 8–204. 10
153	153
154	154	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
155	155	October 1, 2023. 12
156	156
157	157