Bill

Bill > SB395


MD SB395

MD SB395
Criminal Law - Felony Murder - Limitation and Review of Convictions for Children


summary

Introduced
01/15/2021
In Committee
01/15/2021
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 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

Loading...

bill summary

Loading...
Loading...