EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0389*
SENATE BILL 389
E3, E2 5lr2411
SB 601/24 – JPR CF HB 441
By: Senator Folden
Introduced and read first time: January 17, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Minors Convicted as Adults – Sentencing – Transfer to Juvenile Court 2
FOR the purpose of establishing a presumption that the sentencing of a minor convicted as 3
an adult should be transferred to the juvenile court, under certain circumstances, 4
and authorizing the court to do so; requiring the juvenile court to make a juvenile 5
determination under certain circumstances; and generally relating to the sentencing 6
of minors convicted as adults. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 6–235 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Procedure 15
6–235. 16
(A) Notwithstanding any other provision of law, when sentencing a minor 17
convicted as an adult, a court: 18
(1) may impose a sentence less than the minimum term required under 19
law; and 20
(2) may not impose a sentence of life imprisonment without the possibility 21
of parole or release. 22
2 SENATE BILL 389
(B) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE 1
COURT DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT THE IN DIVIDUAL 2
AGAINST WHOM THE MIN OR IS CONVICTED OF C OMMITTING THE OFFENSE 3
PREVIOUSLY COMMITTED A SEX CRIME UNDER TITLE 3, SUBTITLE 3 OF THE 4
CRIMINAL LAW ARTICLE OR HUMAN TRAF FICKING UNDER TITLE 3, SUBTITLE 11 OF 5
THE CRIMINAL LAW ARTICLE AGAINST THE M INOR WITHIN 3 MONTHS BEFORE THE 6
OFFENSE FOR WHICH TH E MINOR WAS CO NVICTED, THE COURT MAY TRANSF ER THE 7
MINOR TO THE JUVENIL E COURT FOR SENTENCI NG. 8
(2) IF A MINOR IS TRANSFE RRED TO THE JURISDIC TION OF THE 9
JUVENILE COURT UNDER THIS SUBSECTION , THE JUVENILE COURT S HALL MAKE A 10
JUVENILE DISPOSITION . 11
SECTION 2. AND BE IT F URTHER ENACTED, That this Act shall take effect 12
October 1, 2025. 13