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MD HB323
MD HB323Criminal Procedure - Petition to Modify or Reduce Sentence (Maryland Second Look Act)
summary
Introduced
01/20/2020
01/20/2020
In Committee
01/20/2020
01/20/2020
Crossed Over
Passed
Dead
03/18/2020
03/18/2020
Introduced Session
2020 Regular Session
Bill Summary
Authorizing a person who is serving a term of confinement to petition a court to modify or reduce the sentence under certain circumstances; requiring a person to file a petition under the Act in a certain court; requiring a court to hold a hearing under certain circumstances; providing for a hearing held under the Act; requiring a State's Attorney to provide certain notice to a victim and a victim's representative under certain circumstances; etc.
AI Summary
This bill, known as the Maryland Second Look Act, allows a person serving a term of confinement to petition a court to modify or reduce their sentence under certain circumstances. The key provisions of the bill are:
1. A person must have served at least 20 years of their term of confinement without the application of diminution credits or the equivalent of 25 years with the application of diminution credits, and at least 5 years must have passed since the court decided any previous petition filed by the person.
2. The court must hold a hearing on the petition, except if the court determines the person is ineligible to file the petition.
3. The state's attorney must notify victims and victims' representatives that a petition has been filed and provide information about the hearing, if one is held.
4. A person determined eligible to file a petition is entitled to the assistance of counsel, including representation by the Office of the Public Defender if the person is indigent.
5. The court may modify the sentence of a person who was a minor at the time of the offense in a manner reasonably calculated to result in their release within 3 years if the person has matured and rehabilitated. For a person 18 or older at the time of the offense, the court may modify the sentence if it finds the sentence is no longer necessary for public protection.
The bill is intended to provide individuals serving lengthy sentences an opportunity to have their sentences reconsidered, particularly those who were minors at the time of their offense.
Committee Categories
Justice
Sponsors (17)
Erek Barron (D)*,
Gabriel Acevero (D),
Lorig Charkoudian (D),
Diana Fennell (D),
Jay Jalisi (D),
Ariana Kelly (D),
Marc Korman (D),
Mary Lehman (D),
Robbyn Lewis (D),
Ric Metzgar (R),
David Moon (D),
Nick Mosby (D),
Julie Palakovich Carr (D),
Shane Pendergrass (D),
Stephanie Smith (D),
Vaughn Stewart (D),
Alonzo Washington (D),
Last Action
Hearing 2/04 at 1:00 p.m. (on 01/21/2020)
bill text
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0323?ys=2020RS |
| BillText | http://mgaleg.maryland.gov/2020RS/bills/hb/hb0323f.pdf |
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