summary
Introduced
01/19/2023
01/19/2023
In Committee
03/30/2023
03/30/2023
Crossed Over
03/18/2023
03/18/2023
Passed
04/03/2023
04/03/2023
Dead
Signed/Enacted/Adopted
05/16/2023
05/16/2023
Introduced Session
2023 Regular Session
Bill Summary
AN ACT concerning Probation Before Judgment - Probation Agreements FOR the purpose of authorizing a court to stay the entering of judgment a conviction, defer further proceedings, and place a certain defendant on probation subject to reasonable conditions if the court finds facts justifying a finding of guilt; authorizing the court State and a certain defendant to enter into a probation agreement before the defendant enters a plea of guilty or nolo contendere or the court finds facts justifying a finding of guilt under certain circumstances; establishing requirements for a certain probation agreement; requiring a court to make a certain finding after a probation agreement is made; providing that the entry of a probation agreement under this Act shall be considered as a probation before judgment for all other purposes under State law; and generally relating to probation before judgment. BY repealing and reenacting, with amendments, Article - Courts and Judicial Proceedings Section 13-101(e) Annotated Code of Maryland (2020 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Criminal Procedure Section 6-220(b) and (e) 6-220 Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Health - General Section 8-401(a)(3) Annotated Code of Maryland (2019 Replacement Volume and 2022 Supplement)
AI Summary
This bill authorizes a court to stay the entering of a conviction, defer further proceedings, and place a defendant on probation before judgment if the court finds that it would serve the best interests of the defendant and the public welfare. The bill also allows the court and a defendant to enter into a probation agreement before the defendant enters a plea, where the defendant does not admit guilt but accepts probation in exchange for the court withholding a finding of guilt. If the defendant violates the probation agreement, the court may find the defendant guilty and impose a sentence up to the maximum penalty. The bill also establishes requirements for such probation agreements and provides that the entry of a probation agreement shall be considered a probation before judgment for all other purposes under state law.
Committee Categories
Justice
Sponsors (8)
David Moon (D)*,
Jon Cardin (D),
Frank Conaway (D),
Aaron Kaufman (D),
Scott Phillips (D),
Karen Simpson (D),
Nicole Williams (D),
Caylin Young (D),
Last Action
Approved by the Governor - Chapter 710 (on 05/16/2023)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0193?ys=2023RS |
| BillText | https://mgaleg.maryland.gov/2023RS/Chapters_noln/CH_710_hb0193t.pdf |
| Vote Image | https://mgaleg.maryland.gov/2023RS/votes_comm/hb0193_jpr.pdf |
| BillText | https://mgaleg.maryland.gov/2023RS/bills/hb/hb0193t.pdf |
| Favorable with Amendments 613321/1 Adopted | https://mgaleg.maryland.gov/2023RS/amds/bil_0003/hb0193_61332101.pdf |
| Vote Image | https://mgaleg.maryland.gov/2023RS/votes_comm/hb0193_jud.pdf |
| BillText | https://mgaleg.maryland.gov/2023RS/bills/hb/hb0193f.pdf |
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