Maryland 2025 Regular Session

Maryland Senate Bill SB507 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	sb0507
6	6
7	7	SENATE BILL 507
8	8	E2 5lr2721
9	9	CF HB 703
10	10	By: Senator Henson
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Procedure – Diagnosis of Developmental Disability or Intellectual 2
19	19	Disability – Evidence 3
20	20
21	21	FOR the purpose of providing that certain evidence of certain diagnoses is admissible in a 4
22	22	criminal proceeding under certain circumstances; requiring a judge or a District 5
23	23	Court commissioner to consider any diagnosis for the defendant of a certain 6
24	24	developmental disability or intellectual disability when making a pretrial release 7
25	25	determination; and generally relating to criminal defendants who have been 8
26	26	diagnosed with developmental disability or intellectual disability. 9
27	27
28	28	BY adding to 10
29	29	Article – Courts and Judicial Proceedings 11
30	30	Section 10–926 12
31	31	Annotated Code of Maryland 13
32	32	(2020 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Criminal Procedure 16
36	36	Section 5–216 17
37	37	Annotated Code of Maryland 18
38	38	(2018 Replacement Volume and 2024 Supplement) 19
39	39
40	40	BY repealing and reenacting, without amendments, 20
41	41	Article – Health – General 21
42	42	Section 7–101(g) and (n) 22
43	43	Annotated Code of Maryland 23
44	44	(2023 Replacement Volume and 2024 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 SENATE BILL 507
49	49
50	50
51	51	Article – Courts and Judicial Proceedings 1
52	52
53	53	10–926. 2
54	54
55	55	IN A CRIMINAL PROCEED ING, EVIDENCE, INCLUDING EXPERT TESTIMONY, 3
56	56	CONCERNING A DIAGNOS IS FOR THE DEFENDANT OF AN AUTISM SPECTRU M 4
57	57	DISORDER, AS DEFINED IN THE MO ST RECENT EDITION OF THE DIAGNOSTIC AND 5
58	58	STATISTICAL MANUAL OF MENTAL DISORDERS, OR OF A DEVELOPMENTA L 6
59	59	DISABILITY OR AN INT ELLECTUAL DISABILITY , AS DEFINED IN § 7–101 OF THE 7
60	60	HEALTH – GENERAL ARTICLE, IS ADMISSIBLE IF THE EVIDENCE: 8
61	61
62	62	(1) TENDS TO SHOW THAT TH E DEFENDANT , AT THE TIME OF THE 9
63	63	ALLEGED OFFENSE , DID OR DID NOT HAVE THE MENTAL STATE REQ UIRED FOR THE 10
64	64	OFFENSE CHARGED ; AND 11
65	65
66	66	(2) IS OTHERWISE ADMISSIB LE UNDER THE MARYLAND RULES. 12
67	67
68	68	Article – Criminal Procedure 13
69	69
70	70	5–216. 14
71	71
72	72	A JUDGE OR A DISTRICT COURT COMMISSIONER SH ALL CONSIDER ANY 15
73	73	DIAGNOSIS FOR THE DE FENDANT OF A DEVELOP MENTAL DISABILITY OR AN 16
74	74	INTELLECTUAL DISABIL ITY, AS DEFINED IN § 7–101 OF THE HEALTH – GENERAL 17
75	75	ARTICLE, WHEN MAKING A PRETRI AL RELEASE DETERMINA TION. 18
76	76
77	77	Article – Health – General 19
78	78
79	79	7–101. 20
80	80
81	81	(g) “Developmental disability” means a severe chronic disability of an individual 21
82	82	that: 22
83	83
84	84	(1) Is attributable to a physical or mental impairment, other than the sole 23
85	85	diagnosis of mental illness, or to a combination of mental and physical impairments; 24
86	86
87	87	(2) Is manifested before the individual attains the age of 22; 25
88	88
89	89	(3) Is likely to continue indefinitely; 26
90	90
91	91	(4) Results in an inability to live independently without external support 27
92	92	or continuing and regular assistance; and 28
93	93	SENATE BILL 507 3
94	94
95	95
96	96	(5) Reflects the need for a combination and sequence of special, 1
97	97	interdisciplinary, or generic care, treatment, or other services that are individually planned 2
98	98	and coordinated for the individual. 3
99	99
100	100	(n) “Intellectual disability” means a developmental disability that is evidenced by 4
101	101	significantly subaverage intellectual functioning and impairment in the adaptive behavior 5
102	102	of an individual. 6
103	103
104	104	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
105	105	October 1, 2025. 8
106	106