EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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*hb0853*
HOUSE BILL 853
E2 (5lr1827)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Pasteur, Acevero, Addison, Alston, Amprey, Boafo, Boyce,
Charkoudian, Conaway, Crutchfield, Davis, Embry, Fair, Fennell, Harris,
Harrison, Holmes, Ivey, A. Johnson, J. Lewis, J. Long, Martinez, McCaskill,
Mireku–North, Palakovich Carr, Patterson, Pena–Melnyk, Phillips, Queen,
Roberson, Rogers, Ruff, Ruth, Simmon s, Smith, Taveras, Taylor, Toles,
Turner, Wells, White Holland, Wilkins, Williams, Woods, and Young Young,
Stinnett, and Kaufman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – Petition to Reduce Postconviction Review – Procedure to 2
Reduce Duration of Sentence 3
(Maryland Second Look Act) 4
FOR the purpose of authorizing an individual who is serving a term of confinement to 5
petition a court to reduce the sentence or sentences a certain individual to file a 6
motion to reduce the duration of a certain sentence under certain circumstances; 7
establishing applying procedures for a proceeding under this Act; applying this Act 8 2 HOUSE BILL 853
retroactively; and generally relating to a petition to reduce a sentence or sentences 1
duration of sentence. 2
BY adding to repealing and reenacting, with amendments, 3
Article – Criminal Procedure 4
Section 8–501 to be under the new subtitle “Subtitle 5. Petition to Reduce Sentence” 5
Section 8–110 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Criminal Procedure 11
SUBTITLE 5. PETITION TO REDUCE SENTENCE. 12
8–501. 13
(A) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN 14
INDIVIDUAL WHO IS SE RVING A TERM OF CONF INEMENT MAY PETITION THE COURT 15
TO REDUCE THE SENTEN CE OR SENTENCES IF : 16
(I) THE INDIVIDUAL HAS S ERVED AT LEAST 20 YEARS OF THE 17
INDIVIDUAL’S TERM OF CONFINEMEN T; AND 18
(II) AT LEAST 5 YEARS HAVE PASSED SI NCE THE COURT 19
DECIDED ANY PETITION PREVIOUSLY FILED BY THE INDIVIDUAL UNDER THIS 20
SECTION. 21
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 22
PARAGRAPH, IF THE COURT DENIES OR GRANTS IN PART A PETITION TO REDUCE A 23
SENTENCE OR SENTENCE S UNDER THIS SECTION , THE INDIVIDUAL WHO F ILED THE 24
PETITION MAY NOT FIL E A SUBSEQUENT PETIT ION TO REDUCE THE SE NTENCE OR 25
SENTENCES FOR AT LEA ST 5 YEARS. 26
(II) AN INDIVIDUAL MAY NOT FILE MO RE THAN THREE 27
PETITIONS TO REDUCE THE SAME SENTENCE OR SENTENCES UNDER THIS SECTION. 28
(3) AN INDIVIDUAL SHALL F ILE A PETITION TO RE DUCE A SENTENCE 29
OR SENTENCES UNDER T HIS SECTION IN THE C IRCUIT COURT FOR THE COUNTY IN 30
WHICH THE SENTEN CE OR SENTENCES WERE IMPOSED. 31
(4) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN 32
INDIVIDUAL WHO DOES NOT MEET THE REQUIRE MENTS OF PARAGRAPH (1) OF THIS 33 HOUSE BILL 853 3
SUBSECTION IS ELIGIB LE FOR COURT RECONSI DERATION OF THE INDI VIDUAL’S 1
SENTENCE OR SENTENCE S IF A STATE’S ATTORNEY FILES A MOTI ON TO REDUCE THE 2
SENTENCE OR SENTENCE S DURING THE INDIVID UAL’S INCARCERATION IN T HE 3
CIRCUIT COURT FOR TH E COUNTY IN WHICH TH E SENTENCE OR SENTEN CES WERE 4
IMPOSED. 5
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , A 6
COURT SHALL HOLD A H EARING ON A PETITION TO REDUCE A SENTENCE OR 7
SENTENCES UNDER THIS SECTION. 8
(2) THE HEARING REQUIRED UNDER PARAGRAPH (1) OF THIS 9
SUBSECTION SHALL BE HELD AFTER: 10
(I) THE COURT HAS DETERM INED THAT THE INDIVI DUAL IS 11
ELIGIBLE TO FILE A PETITION UNDER SUB SECTION (A)(1) OF THIS SECTION; OR 12
(II) THE STATE FILES A MOTION UNDER SUBSECTION (A)(4) OF 13
THIS SECTION. 14
(3) NOTICE OF THE HEARING UNDER THIS SECTION S HALL BE GIVEN 15
TO THE VICTIM OR THE VICTIM’S REPRESENTATIVE UND ER §§ 11–104 AND 11–503 16
OF THIS ARTICLE. 17
(4) (I) THE INDIVIDUAL MAY IN TRODUCE EVIDENCE IN SUPPORT 18
OF THE PETITION AT T HE HEARING. 19
(II) THE STATE MAY INTRODUCE E VIDENCE IN SUPPORT O F OR 20
IN OPPOSITION TO THE PETITION AT THE HEAR ING. 21
(5) (I) AN INDIVIDUAL WHO FILES A PETITION UND ER THIS 22
SECTION MAY WAIVE TH E RIGHT TO BE PRESEN T AT A HEARING HELD UNDER THIS 23
SECTION. 24
(II) AN INDIVIDUAL WHO FIL ES A PETITION UNDER THIS 25
SECTION MAY ELECT TO BE PRESENT AT THE HE ARING BY VIDEO CONFE RENCE. 26
(6) (I) IF A PETITIONE R UNDER THIS SECTION IS PARTICIPATING 27
IN OR WILL PARTICIPA TE IN CERTAIN PROGRA MS, SUCH AS EDUCATIONAL 28
PROGRAMS, THE JUDGE MAY CONTIN UE THE HEARING UNDER THIS SUBSECTION 29
UNTIL THE PERSON COM PLETES THE PROGRAM . 30
(II) ON COMPLETION OF THE PROGRAM SPECIFIED IN 31
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE JUDGE MAY RESUME THE HEARING 32
AS IF IT IS THE FIRST PETITION UNDER THI S SECTION. 33 4 HOUSE BILL 853
(C) (1) IF A HEARING IS HELD UNDER THIS SECTION , THE COURT SHALL 1
STATE THE REASONS FO R ITS DECISION WHETH ER OR NOT TO REDUCE THE 2
PETITIONER’S SENTENCE OR SENTEN CES: 3
(I) ON THE RECORD AND IN OPEN COURT AT THE HE ARING; OR 4
(II) ISSUED IN WRITING WI THIN 90 DAYS AFTER THE 5
CONCLUSION OF THE HE ARING. 6
(2) THE COURT’S DECISION IN PARAGR APH (1) OF THIS SUBSECTION 7
SHALL ADDRESS EACH OF THE FOLLOWING : 8
(I) THE INDIVIDUAL ’S AGE AT THE TIME OF THE OFFENSE , 9
RECOGNIZING THE DIMI NISHED CULPABILITY O F YOUTH AND EMERGING ADULTS, 10
BUT NOT USING AGE AS AN AGGRAVATING FACTO R; 11
(II) THE NATURE OF THE OF FENSE AND THE HISTOR Y AND 12
CHARACTERISTI CS OF THE INDIVIDUAL ; 13
(III) WHETHER THE INDIVIDU AL HAS SUBSTANTIALLY COMPLIED 14
WITH THE RULES OF TH E INSTITUTION IN WHI CH THE INDIVIDUAL HA S BEEN 15
CONFINED; 16
(IV) WHETHER THE INDIVIDU AL HAS PARTICIPATED IN AN 17
EDUCATIONAL , VOCATIONAL, OR OTHER PROGRAM ; 18
(V) WHETHER THE INDIVIDU AL HAS DEMONSTRATED 19
MATURITY, REHABILITATION , AND FITNESS TO REENT ER SOCIETY SUFFICIEN T TO 20
JUSTIFY A SENTENCE R EDUCTION; 21
(VI) ANY STATEMENT OFFERE D BY A VICTIM OR A V ICTIM’S 22
REPRESENTATIVE ; 23
(VII) ANY REPORT OF A PHYSICAL, MENTAL, OR BEHAVIORAL 24
EXAMINATION OF THE I NDIVIDUAL CONDUCTED BY A HEALTH PROFESSI ONAL; 25
(VIII) THE INDIVIDUAL ’S FAMILY AND COMMUNI TY 26
CIRCUMSTANCES AT THE TIME OF THE OFFENSE , INCLUDING ANY HISTOR Y OF 27
TRAUMA, ABUSE, OR INVOLVEMENT IN TH E CHILD WELFARE SYSTEM ; 28
(IX) THE EXTENT OF THE IN DIVIDUAL’S ROLE IN THE OFFENS E; 29
AND 30
HOUSE BILL 853 5
(X) ANY OTHER FACTOR THE COURT CONSIDERS RELE VANT. 1
(3) (I) AFTER A HEARING UNDER THIS SECTION, THE COURT MAY 2
REDUCE A SENTENCE OR SENTENCES IMPOSED ON AN INDIVIDUAL IF THE COURT 3
FINDS THAT THE INDIV IDUAL IS NOT A DANGE R TO THE PUBLIC AND THE INTERESTS 4
OF JUSTICE WILL BE B ETTER SERVED BY A RE DUCED SENTENCE OR SE NTENCES. 5
(II) IF THE INDIVIDUAL HAS SERVED A TERM OF CON FINEMENT 6
OF 30 YEARS OR MORE , OR IF THE INDIVIDUAL IS AT LEAST 60 YEARS OLD, THERE 7
SHALL BE A REBUTTABL E PRESUMPTION THAT T HE INDIVIDUAL IS NOT A DANGER 8
TO THE PUBLIC. 9
(D) THE FOLLOWING MAY NOT BE CONSTRUED AGAINST THE INDIVIDUAL 10
PETITIONING FOR REDU CTION OF A SENTENCE OR SENTENCES : 11
(1) THE LIMITED AVAILABILITY OR ACCE SSIBILITY OF 12
REHABILITATIVE PROGR AMS; OR 13
(2) THE INDIVIDUAL ’S CLAIMS OF INNOCENC E. 14
(E) A COURT MAY NOT INCREA SE THE LENGTH OF SEN TENCE OR 15
SENTENCES UNDER THIS SECTION. 16
(F) THE RIGHT TO SEEK A R EDUCTION IN SENTENCE OR SENTENCES UN DER 17
THIS SECTION MAY NOT BE WAIVED. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 19
apply to: 20
(1) any individual serving a term of confinement in the State who was 21
sentenced on or before the effective date of this Act; and 22
(2) any individual who will serve a term of confinement in the State who is 23
sentenced after the effective date of this Act. 24
8–110. 25
(a) This section applies only to an individual who: 26
(1) (I) was convicted as an adult for an offense committed when the 27
individual was a minor; 28
[(2)] (II) was sentenced for the offense before October 1, 2021; and 29
[(3)] (III) has been imprisoned for at least 20 years for the offense; OR 30 6 HOUSE BILL 853
(2) (I) WAS CONVICTED OF AN OFFENSE COMMITTED WH EN THE 1
INDIVIDUAL WAS AT LE AST 18 YEARS OLD BUT YOUNGE R THAN 25 YEARS OLD; 2
(II) WAS NOT SENTENCED TO LIFE WITHOUT THE POS SIBILITY 3
OF PAROLE; 4
(III) IS NOT A SEX OFFENDE R, AS DEFINED IN § 11–701 OF THIS 5
ARTICLE; AND 6
(IV) HAS BEEN IMPRISONED FOR AT LEAST 20 YEARS FOR THE 7
OFFENSE; AND 8
(V) WAS NOT CONVICTED OF MURDER INVOLVING A V ICTIM WHO 9
WAS A FIRST RESPONDE R, AS DEFINED IN § 18–213.2 OF THE HEALTH – GENERAL 10
ARTICLE, WHO WAS KILLED IN TH E LINE OF DUTY. 11
(b) (1) An individual described in subsection (a) of this section may file a 12
motion with the court to reduce the duration of the sentence. 13
(2) A court shall conduct a hearing on a motion to reduce the duration of a 14
sentence. 15
(3) (i) The individual shall be present at the hearing, unless the 16
individual waives the right to be present. 17
(ii) The requirement that the individual be present at the hearing is 18
satisfied if the hearing is conducted by video conference. 19
(4) (i) The individual may introduce evidence in support of the motion 20
at the hearing. 21
(ii) The State may introduce evidence in support of or in opposition 22
to the motion at the hearing. 23
(5) (I) Notice of the hearing under this subsection shall be given to the 24
victim or the victim’s representative as provided in §§ 11–104 and 11–503 of this article. 25
(II) A VICTIM OR VICTIM ’S REPRESENTATIVE MAY SUBMIT A 26
VICTIM IMPACT STATEM ENT TO THE COURT REG ARDING THE IMPACT OF THE CRIME 27
AND THE PROPOSED SEN TENCE REDUCTION . 28
(III) A VICTIM MAY NOT BE CR OSS–EXAMINED WHEN 29
PRESENTING A VICTIM IMPACT STATEMENT UNDER THIS SECTION . 30
HOUSE BILL 853 7
(c) Notwithstanding any other provision of law, after a hearing under subsection 1
(b) of this section, the court may reduce the duration of [a] THE sentence [imposed on an 2
individual for an offense committed when the individual was a minor] if the court 3
determines that: 4
(1) the individual is not a danger to the public; and 5
(2) the interests of justice will be better served by a reduced sentence. 6
(d) A court shall consider the following factors when determining whether to 7
reduce the duration of a sentence under this section: 8
(1) the individual’s age at the time of the offense; 9
(2) the nature of the offense and the history and characteristics of the 10
individual; 11
(3) whether the individual has substantially complied with the rules of the 12
institution in which the individual has been confined; 13
(4) whether the individual has completed an educational, vocational, or 14
other program; 15
(5) whether the individual has demonstrated maturity, rehabilitation, and 16
fitness to reenter society sufficient to justify a sentence reduction; 17
(6) any statement offered by a victim or a victim’s representative; 18
(7) any report of a physical, mental, or behavioral examination of the 19
individual conducted by a health professional; 20
(8) the individual’s family and community circumstances at the time of the 21
offense, including any history of trauma, abuse, or involvement in the child welfare system; 22
(9) the extent of the individual’s role in the offense and, IF THE 23
INDIVIDUAL WAS A MIN OR AT THE TIME OF THE OFFE NSE, whether and to what extent 24
an adult was involved in the offense; 25
(10) the diminished culpability of a juvenile as compared to an adult, 26
including an inability to fully appreciate risks and consequences, IF APPLICABLE; and 27
(11) any other factor the court deems relevant. 28
(e) (1) The court shall issue its decision to grant or deny a motion to reduce 29
the duration of a sentence in writing. 30
8 HOUSE BILL 853
(2) The decision shall address the factors listed in subsection (d) of this 1
section. 2
(3) (I) THE COURT SHALL ORDER AN INDIVIDUAL TO STA Y AWAY 3
FROM AND REFRAIN FRO M CONTACT WITH A VIC TIM AND VICTIM’S FAMILY IF THE 4
INDIVIDUAL IS RELEAS ED, UNLESS THE VICTIM RE QUESTS OTHERWISE . 5
(II) THE COURT MAY IMPOSE ANY OTHER CONDITIONS OF 6
RELEASE NEC ESSARY TO PROMOTE VI CTIM SAFETY AND PEAC E OF MIND. 7
(f) (1) If the court denies or grants, in part, a motion to reduce the duration of 8
a sentence under this section, the individual may not file a second motion to reduce the 9
duration of that sentence for at least 3 years. 10
(2) If the court denies or grants, in part, a second motion to reduce the 11
duration of a sentence, the individual may not file a third motion to reduce the duration of 12
that sentence for at least 3 years. 13
(3) With regard to any specific sentence, an individual may not file a fourth 14
motion to reduce the duration of the sentence. 15
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.