Maryland 2025 Regular Session

Maryland House Bill HB703 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	hb0703
6	6
7	7	HOUSE BILL 703
8	8	E2 5lr1923
9	9	CF SB 507
10	10	By: Delegates Kaufman, Allen, Feldmark, Guyton, McComas, Phillips, Schindler,
11	11	Shetty, Taveras, and Terrasa
12	12	Introduced and read first time: January 24, 2025
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Procedure – Diagnosis of Developmental Disability or Intellectual 2
20	20	Disability – Evidence 3
21	21
22	22	FOR the purpose of providing that certain evidence of certain diagnoses is admissible in a 4
23	23	criminal proceeding under certain circumstances; requiring a judge or a District 5
24	24	Court commissioner to consider any diagnosis for the defendant of a certain 6
25	25	developmental disability or intellectual disability when making a pretrial release 7
26	26	determination; and generally relating to criminal defendants who have been 8
27	27	diagnosed with developmental disability or intellectual disability. 9
28	28
29	29	BY adding to 10
30	30	Article – Courts and Judicial Proceedings 11
31	31	Section 10–926 12
32	32	Annotated Code of Maryland 13
33	33	(2020 Replacement Volume and 2024 Supplement) 14
34	34
35	35	BY adding to 15
36	36	Article – Criminal Procedure 16
37	37	Section 5–216 17
38	38	Annotated Code of Maryland 18
39	39	(2018 Replacement Volume and 2024 Supplement) 19
40	40
41	41	BY repealing and reenacting, without amendments, 20
42	42	Article – Health – General 21
43	43	Section 7–101(g) and (n) 22
44	44	Annotated Code of Maryland 23
45	45	(2023 Replacement Volume and 2024 Supplement) 24
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
48	48	That the Laws of Maryland read as follows: 26 2 HOUSE BILL 703
49	49
50	50
51	51
52	52	Article – Courts and Judicial Proceedings 1
53	53
54	54	10–926. 2
55	55
56	56	IN A CRIMINAL PROCEED ING, EVIDENCE, INCLUDING EXPERT TES TIMONY, 3
57	57	CONCERNING A DIAGNOSIS FOR THE DEFENDANT OF AN AUTISM SPECTRU M 4
58	58	DISORDER, AS DEFINED IN THE MO ST RECENT EDITION OF THE DIAGNOSTIC AND 5
59	59	STATISTICAL MANUAL OF MENTAL DISORDERS, OR OF A DEVELOPMENTA L 6
60	60	DISABILITY OR AN INTELLECTUAL DISABIL ITY, AS DEFINED IN § 7–101 OF THE 7
61	61	HEALTH – GENERAL ARTICLE, IS ADMISSIBLE IF THE EV IDENCE: 8
62	62
63	63	(1) TENDS TO SHOW THAT TH E DEFENDANT , AT THE TIME OF THE 9
64	64	ALLEGED OFFENSE , DID OR DID NOT HAVE THE MENTAL STATE REQUIRE D FOR THE 10
65	65	OFFENSE CHARGED ; AND 11
66	66
67	67	(2) IS OTHERWISE ADMISSIB LE UNDER THE MARYLAND RULES. 12
68	68
69	69	Article – Criminal Procedure 13
70	70
71	71	5–216. 14
72	72
73	73	A JUDGE OR A DISTRICT COURT COMMISSIONER SH ALL CONSIDER ANY 15
74	74	DIAGNOSIS FOR THE DE FENDANT OF A DEVELOPMENTAL DISABILITY OR AN 16
75	75	INTELLECTUAL DISABIL ITY, AS DEFINED IN § 7–101 OF THE HEALTH – GENERAL 17
76	76	ARTICLE, WHEN MAKING A PRETRIAL RELEASE DETERMINATION . 18
77	77
78	78	Article – Health – General 19
79	79
80	80	7–101. 20
81	81
82	82	(g) “Developmental disability” means a severe chronic disability of an individual 21
83	83	that: 22
84	84
85	85	(1) Is attributable to a physical or mental impairment, other than the sole 23
86	86	diagnosis of mental illness, or to a combination of mental and physical impairments; 24
87	87
88	88	(2) Is manifested before the individual attains the age of 22; 25
89	89
90	90	(3) Is likely to continue indefinitely; 26
91	91
92	92	(4) Results in an inability to live independently without external support 27
93	93	or continuing and regular assistance; and 28
94	94	HOUSE BILL 703 3
95	95
96	96
97	97	(5) Reflects the need for a combination and sequence of special, 1
98	98	interdisciplinary, or generic care, treatment, or other services that are individually planned 2
99	99	and coordinated for the individual. 3
100	100
101	101	(n) “Intellectual disability” means a developmental disability that is evidenced by 4
102	102	significantly subaverage intellectual functioning and impairment in the adaptive behavior 5
103	103	of an individual. 6
104	104
105	105	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
106	106	October 1, 2025. 8