Maryland 2024 Regular Session

Maryland Senate Bill SB145 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	sb0145
6	6
7	7	SENATE BILL 145
8	8	E2 4lr0642
9	9	SB 771/23 – JPR (PRE–FILED)
10	10	By: Senator Benson
11	11	Requested: September 14, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Procedure – Petition to Modify or Reduce Sentence 2
20	20	(Maryland Second Look Act ) 3
21	21
22	22	FOR the purpose of authorizing an individual serving a term of confinement to petition a 4
23	23	court to modify or reduce the sentence under certain circumstances; providing that 5
24	24	a certain petitioner is entitled to assistance of counsel and, under certain 6
25	25	circumstances, representation by the Office of the Public Defender; authorizing a 7
26	26	certain person to apply to the Appellate Court of Maryland for leave to appeal a 8
27	27	certain order in a certain manner and within a certain period of time after a court 9
28	28	passes an order in accordance with the provisions of this Act; and generally relating 10
29	29	to a petition to modify or reduce a sentence. 11
30	30
31	31	BY adding to 12
32	32	Article – Criminal Procedure 13
33	33	Section 8–501 to be under the new subtitle “Subtitle 5. Petition to Modify or Reduce 14
34	34	Sentence” 15
35	35	Annotated Code of Maryland 16
36	36	(2018 Replacement Volume and 2023 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Criminal Procedure 20
42	42
43	43	SUBTITLE 5. PETITION TO MODIFY OR REDUCE SENTENCE. 21
44	44
45	45	8–501. 22
46	46
47	47	(A) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PERSON 23 2 SENATE BILL 145
48	48
49	49
50	50	WHO IS SERVING A TER M OF CONFINEMENT MAY PETITION THE COURT T O MODIFY 1
51	51	OR REDUCE THE SENTEN CE, REGARDLESS OF WHETHE R THE PERSON FILED A 2
52	52	TIMELY MOTION FOR RE CONSIDERATION UNDER MARYLAND RULE 4–345(E) OR 3
53	53	WHETHER A PRIOR MOTION FOR RECONSIDERATION WAS DENIED BY THE CO URT, IF: 4
54	54
55	55	(I) THE PETITIONER HAS S ERVED THE GREATER OF AT LEAST: 5
56	56
57	57	1. 20 YEARS OF THE TERM OF CONFINEMENT WITHOUT 6
58	58	APPLICATION OF DIMIN UTION CREDITS; OR 7
59	59
60	60	2. THE EQUIVALENT OF 25 YEARS OF THE TERM OF 8
61	61	CONFINEMENT WITH APP LICATION OF DIMINUTI ON CREDITS; AND 9
62	62
63	63	(II) AT LEAST 5 YEARS HAVE PASSED SI NCE THE COURT 10
64	64	DECIDED ANY PETITION PREVIOUSLY FILED BY THE PETITIONER UNDER THIS 11
65	65	SECTION. 12
66	66
67	67	(2) A PETITIONER SHALL FIL E A PETITION TO MODI FY OR REDUCE A 13
68	68	SENTENCE UNDER THIS SECTION IN THE CIRCU IT COURT FOR THE COU NTY IN WHICH 14
69	69	THE SENTENCE WAS IMP OSED. 15
70	70
71	71	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , A 16
72	72	COURT SHALL HOLD A H EARING ON A PETITION TO REDUCE OR MODIFY A SENTENCE 17
73	73	UNDER THIS SECTION. 18
74	74
75	75	(2) THE HEARING REQUIRED UNDER PARAGRAPH (1) OF THIS 19
76	76	SUBSECTION SHALL BE HELD AFTER THE COURT HAS DETERMINED THAT : 20
77	77
78	78	(I) THE PETITIONER IS EL IGIBLE TO FILE A PET ITION UNDER 21
79	79	SUBSECTION (A) OF THIS SECTION; AND 22
80	80
81	81	(II) THE STATE’S ATTORNEY HAS SATISFIED THE 23
82	82	REQUIREMENTS FOR PRO VIDING NOTICE TO VIC TIMS OR VICTIMS ’ 24
83	83	REPRESENTATIVES UNDE R SUBSECTION (C) OF THIS SECTION. 25
84	84
85	85	(3) IF A HEARING IS HELD UNDER THIS SECTION : 26
86	86
87	87	(I) THE HEARING AND THE COURT’S DECISION REGARDING 27
88	88	WHETHER TO MODIFY OR REDUCE THE PETITIONER ’S SENTENCE SHALL BE ON THE 28
89	89	RECORD AND IN OPEN C OURT; AND 29
90	90
91	91	(II) THE COURT SHALL STAT E THE REASONS FOR IT S DECISION 30
92	92	REGARDING WHETHER TO MODIFY OR REDUCE THE PETITIONER’S SENTENCE. 31
93	93	SENATE BILL 145 3
94	94
95	95
96	96	(4) A PETITIONER MAY WAIVE THE RIGHT TO BE PRES ENT AT A 1
97	97	HEARING HELD UNDER T HIS SECTION. 2
98	98
99	99	(5) A COURT MAY NOT HOLD A HEARING UNDER THIS S ECTION IF THE 3
100	100	COURT DETERMINES THA T THE PETITIONER IS NOT ELIGIBLE TO FILE A PETITION 4
101	101	UNDER SUBSECTION (A) OF THIS SECTION. 5
102	102
103	103	(C) (1) THE STATE’S ATTORNEY SHALL GIVE N OTICE TO EACH VICTIM 6
104	104	AND VICTIM’S REPRESENTATIVE WHO HAS FILED A CRIME VICTIM NOTIFICATION 7
105	105	REQUEST FORM UNDER § 11–104 OF THIS ARTICLE OR W HO HAS SUBMITTED A 8
106	106	WRITTEN REQUEST TO T HE STATE’S ATTORNEY TO BE NOTIFI ED OF SUBSEQUENT 9
107	107	PROCEEDINGS UNDER § 11–503 OF THIS ARTICLE: 10
108	108
109	109	(I) THAT A PETITION TO M ODIFY OR REDUCE A SE NTENCE HAS 11
110	110	BEEN FILED UNDER THI S SECTION; 12
111	111
112	112	(II) EITHER THAT THE PETI TION HAS BEEN DENIED WITHOUT A 13
113	113	HEARING, OR OF THE DATE, TIME, AND LOCATION OF THE HEARING; AND 14
114	114
115	115	(III) IF A HEARING IS TO BE HELD, THAT EACH VICTIM OR 15
116	116	VICTIM’S REPRESENTATIVE MAY ATTEND AND TESTIFY . 16
117	117
118	118	(2) A VICTIM OR A VICTIM ’S REPRESENTATIVE IS ENTITLED TO AN 17
119	119	OPPORTUNITY TO ATTEN D AND TESTIFY IN THE MANNER PROVIDED BY MARYLAND 18
120	120	RULE 4–345. 19
121	121
122	122	(D) A PETITIONER WHO HAS B EEN DETERMINED TO BE ELIGIB LE TO FILE A 20
123	123	PETITION UNDER SUBSE CTION (A) OF THIS SECTION IS E NTITLED TO THE 21
124	124	ASSISTANCE OF COUNSE L AND, IF INDIGENT, TO REPRESENTATION BY THE OFFICE 22
125	125	OF THE PUBLIC DEFENDER. 23
126	126
127	127	(E) (1) FOR A PETITIONER WHO WAS SENTENCED TO A T ERM OF 24
128	128	CONFINEMENT FOR AN OFFEN SE THAT WAS COMMITTE D WHEN THE PETITIONE R 25
129	129	WAS A MINOR , THE COURT SHALL MODI FY THE SENTENCE IN A MANNER 26
130	130	REASONABLY CALCULATE D TO RESULT IN THE P ETITIONER’S RELEASE WITHIN 3 27
131	131	YEARS IF THE COURT F INDS THAT THE PETITI ONER HAS MATURED AND 28
132	132	REHABILITATED SUCH THAT RETENTION OF THE SEN TENCE IS NOT NECESSA RY FOR 29
133	133	THE PROTECTION OF TH E PUBLIC. 30
134	134
135	135	(2) FOR A PETITIONER WHO WAS SENTENCED TO A T ERM OF 31
136	136	CONFINEMENT WHEN THE PETITIONER WAS AT LE AST 18 YEARS OLD, THE COURT 32
137	137	MAY MODIFY THE SENTE NCE IF THE COU RT FINDS THAT RETENT ION OF THE 33
138	138	SENTENCE IS NOT NECE SSARY FOR THE PROTEC TION OF THE PUBLIC . 34
139	139	4 SENATE BILL 145
140	140
141	141
142	142	(3) A COURT MAY NOT MODIFY OR REDUCE A SENTENCE UNDER THIS 1
143	143	SECTION UNLESS THE C OURT PROVIDES THE STATE’S ATTORNEY AND EACH VIC TIM 2
144	144	OR VICTIM’S REPRESENTATIVE WHO REQUESTS AN OPPORTUN ITY TO BE HEARD THE 3
145	145	OPPORTUNITY TO OBJEC T TO THE PETITION TO MODIFY OR REDUCE THE SENTENCE. 4
146	146
147	147	(4) A COURT MAY NOT INCREA SE THE LENGTH OF A S ENTENCE UNDER 5
148	148	THIS SECTION. 6
149	149
150	150	(F) WITHIN 30 DAYS AFTER THE COURT PASSES AN ORDER IN A CCORDANCE 7
151	151	WITH THIS SECTION , THE PETITIONER OR TH E STATE MAY APPLY TO TH E 8
152	152	APPELLATE COURT OF MARYLAND FOR LEAVE TO APPEAL THE ORDER IN THE 9
153	153	MANNER PROVIDED BY MARYLAND RULE 8–204. 10
154	154
155	155	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
156	156	October 1, 2024. 12
157	157