EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0507*
SENATE BILL 507
E2 5lr2721
CF HB 703
By: Senator Henson
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Diagnosis of Developmental Disability or Intellectual 2
Disability – Evidence 3
FOR the purpose of providing that certain evidence of certain diagnoses is admissible in a 4
criminal proceeding under certain circumstances; requiring a judge or a District 5
Court commissioner to consider any diagnosis for the defendant of a certain 6
developmental disability or intellectual disability when making a pretrial release 7
determination; and generally relating to criminal defendants who have been 8
diagnosed with developmental disability or intellectual disability. 9
BY adding to 10
Article – Courts and Judicial Proceedings 11
Section 10–926 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Criminal Procedure 16
Section 5–216 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Health – General 21
Section 7–101(g) and (n) 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 SENATE BILL 507
Article – Courts and Judicial Proceedings 1
10–926. 2
IN A CRIMINAL PROCEED ING, EVIDENCE, INCLUDING EXPERT TESTIMONY, 3
CONCERNING A DIAGNOS IS FOR THE DEFENDANT OF AN AUTISM SPECTRU M 4
DISORDER, AS DEFINED IN THE MO ST RECENT EDITION OF THE DIAGNOSTIC AND 5
STATISTICAL MANUAL OF MENTAL DISORDERS, OR OF A DEVELOPMENTA L 6
DISABILITY OR AN INT ELLECTUAL DISABILITY , AS DEFINED IN § 7–101 OF THE 7
HEALTH – GENERAL ARTICLE, IS ADMISSIBLE IF THE EVIDENCE: 8
(1) TENDS TO SHOW THAT TH E DEFENDANT , AT THE TIME OF THE 9
ALLEGED OFFENSE , DID OR DID NOT HAVE THE MENTAL STATE REQ UIRED FOR THE 10
OFFENSE CHARGED ; AND 11
(2) IS OTHERWISE ADMISSIB LE UNDER THE MARYLAND RULES. 12
Article – Criminal Procedure 13
5–216. 14
A JUDGE OR A DISTRICT COURT COMMISSIONER SH ALL CONSIDER ANY 15
DIAGNOSIS FOR THE DE FENDANT OF A DEVELOP MENTAL DISABILITY OR AN 16
INTELLECTUAL DISABIL ITY, AS DEFINED IN § 7–101 OF THE HEALTH – GENERAL 17
ARTICLE, WHEN MAKING A PRETRI AL RELEASE DETERMINA TION. 18
Article – Health – General 19
7–101. 20
(g) “Developmental disability” means a severe chronic disability of an individual 21
that: 22
(1) Is attributable to a physical or mental impairment, other than the sole 23
diagnosis of mental illness, or to a combination of mental and physical impairments; 24
(2) Is manifested before the individual attains the age of 22; 25
(3) Is likely to continue indefinitely; 26
(4) Results in an inability to live independently without external support 27
or continuing and regular assistance; and 28
SENATE BILL 507 3
(5) Reflects the need for a combination and sequence of special, 1
interdisciplinary, or generic care, treatment, or other services that are individually planned 2
and coordinated for the individual. 3
(n) “Intellectual disability” means a developmental disability that is evidenced by 4
significantly subaverage intellectual functioning and impairment in the adaptive behavior 5
of an individual. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2025. 8