Bill
Bill > SB395
summary
Introduced
01/15/2021
01/15/2021
In Committee
01/15/2021
01/15/2021
Crossed Over
Passed
Dead
04/12/2021
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 persons 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 the law relating to first-degree murder. It states that a person who was a child (defined as in the Courts Article) at the time of the offense cannot be found guilty of first-degree murder under the felony murder rule. The bill also authorizes people 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. If the court determines the person presented prima facie evidence, the court must hold a hearing where the state must prove by clear and convincing evidence that the person could be found guilty of first-degree murder as an adult. If the state fails to meet this burden, the court must vacate the first-degree murder conviction, enter a conviction for second-degree murder, and resentence the person accordingly.
Committee Categories
Justice
Sponsors (1)
Last Action
Hearing 3/16 at 12:30 p.m. (on 03/04/2021)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0395?ys=2021RS |
| Racial and Equity Impact | http://mgaleg.maryland.gov/Pubs/BudgetFiscal/2021rs-SB395-REIN.pdf |
| BillText | http://mgaleg.maryland.gov/2021RS/bills/sb/sb0395f.pdf |
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