EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0940*
HOUSE BILL 940
E2 5lr1922
By: Delegates Kaufman, Guyton, Korman, Lopez, Mireku –North, Shetty, Solomon,
and Woorman
Introduced and read first time: January 31, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Probation Before Judgment – Defendants Diagnosed With 2
Autism or Intellectual Disabilities 3
FOR the purpose of requiring a court to stay the entering of judgment, defer further 4
proceedings, and place a defendant diagnosed with autism spectrum disorder or an 5
intellectual disability on probation before judgment under certain circumstances; 6
and generally relating to probation before judgment for defendants diagnosed with 7
autism or intellectual disabilities. 8
BY adding to 9
Article – Criminal Procedure 10
Section 6–220.1 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 7–101(a), (g), and (n) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Criminal Procedure 21
6–220.1. 22
2 HOUSE BILL 940
(A) A COURT SHALL STAY THE ENTERING OF JUDGMENT, DEFER FURTHER 1
PROCEEDINGS , AND PLACE A DEFENDANT ON PROBATI ON BEFORE JUDGMENT , 2
SUBJECT TO REASONABL E CONDITIONS, IF: 3
(1) THE DEFENDANT PLEADS GUILTY OR NOLO CONTE NDERE OR IS 4
FOUND GUILTY OF A CR IME; 5
(2) THE DEFENDANT IS DIA GNOSED WITH : 6
(I) AUTISM SPECTRUM DISO RDER, AS DEFINED IN THE MO ST 7
RECENT EDITION OF TH E DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL 8
DISORDERS; OR 9
(II) AN INTELLECTUAL DISA BILITY, AS DEFINED IN § 7–101 OF 10
THE HEALTH – GENERAL ARTICLE; AND 11
(3) THE COURT FINDS BY CLEAR AND CONVINC ING EVIDENCE THAT: 12
(I) THE DEFENDANT ’S CRIMINAL CONDUCT WAS A 13
MANIFESTATION OF THE DEFENDANT ’S DISORDER OR DISABI LITY; AND 14
(II) GRANTING THE PROBATI ON BEFORE JUDGMENT W OULD BE: 15
1. IN THE BEST INTERESTS OF THE DEFENDANT ; AND 16
2. IN THE INTEREST OF PUBLIC SAFETY AND JUSTICE. 17
(B) IN MAKING A DETERMINA TION UNDER SUBSECTION (A) OF THIS 18
SECTION, A COURT SHALL CONSID ER THE POSITION OF THE STATE AND ANY 19
STATEMENT MADE BY A VICTIM OR A VICTIM’S REPRESENTATIVE IN ACCORDANCE 20
WITH § 11–403 OF THIS ARTICLE. 21
Article – Health – General 22
7–101. 23
(a) In this title the following words have the meanings indicated. 24
(g) “Developmental disability” means a severe chronic disability of an individual 25
that: 26
(1) Is attributable to a physical or mental impairment, other than the sole 27
diagnosis of mental illness, or to a combination of mental and physical impairments; 28
HOUSE BILL 940 3
(2) Is manifested before the individual attains the age of 22; 1
(3) Is likely to continue indefinitely; 2
(4) Results in an inability to live independently without external support 3
or continuing and regular assistance; and 4
(5) Reflects the need for a combination and sequence of special, 5
interdisciplinary, or generic care, treatment, or other services that are individually planned 6
and coordinated for the individual. 7
(n) “Intellectual disability” means a developmental disability that is evidenced by 8
significantly subaverage intellectual functioning and impairment in the adaptive behavior 9
of an individual. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12