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Bill > HB1338


MD HB1338

MD HB1338
Criminal Law - Felony Murder - Limitation and Review of Convictions for Children


summary

Introduced
02/07/2020
In Committee
02/07/2020
Crossed Over
Passed
Dead
03/18/2020

Introduced Session

2020 Regular Session

Bill Summary

Altering provisions of law relating to murder in the first degree; providing that a person who was a child at the time of the offense may not be found to have committed murder in the first degree under certain provisions of law; authorizing certain persons to file a motion for review of conviction under certain circumstances; requiring a court to hold a certain hearing on the filing of a motion for review of conviction; authorizing the court to take certain actions under certain circumstances; etc.

AI Summary

This bill alters the provisions of Maryland law relating to first-degree murder. It states that a person who was a child (defined as under the age of 18) at the time of the offense cannot be found guilty of first-degree murder under the "felony murder" provision, which allows a murder committed during certain felonies to be charged as first-degree. The bill also authorizes persons convicted of first-degree felony murder as a child to file a motion for review of their conviction, and requires the court to hold a hearing to determine if the person could still be found guilty of first-degree murder under the new law. If not, the court can vacate the conviction and grant a new trial or resentence the person. The bill takes effect on October 1, 2020.

Committee Categories

Justice

Sponsors (3)

Last Action

Hearing 3/05 at 1:00 p.m. (on 02/10/2020)

bill text


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