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Bill > HB385


MD HB385

MD HB385
Criminal Law - Felony Murder - Limitation and Review of Convictions for Children


summary

Introduced
01/13/2021
In Committee
01/13/2021
Crossed Over
Passed
Dead
04/12/2021

Introduced Session

2021 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 a person convicted, on or before September 30, 2021, of first degree murder who was a child at the time of the offense to file a motion for review of conviction; requiring a court to hold a certain hearing on the filing of a motion for review of conviction 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 18 years old) at the time of the offense cannot be found guilty of first-degree murder under the felony murder rule, which holds a person responsible for murder if a death occurs during the commission of certain enumerated felonies. The bill also allows individuals convicted of first-degree murder under the felony murder rule before October 1, 2021, who were children at the time, to file a motion for review of their conviction. The court must then hold a hearing to determine if the state can prove the person could still be convicted of first-degree murder as an adult, and if not, the court must vacate the first-degree murder conviction and enter a conviction for second-degree murder, resentencing the individual accordingly.

Committee Categories

Justice

Sponsors (6)

Last Action

Hearing 1/21 at 1:30 p.m. (on 12/23/2020)

bill text


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