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Bill > SB211


MD SB211

Probation Before Judgment – Probation Agreements


summary

Introduced
01/23/2023
In Committee
03/31/2023
Crossed Over
03/17/2023
Passed
04/03/2023
Dead
Signed/Enacted/Adopted
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 subject to reasonable conditions if the court finds that it would serve the best interests of the defendant and the public. The bill also allows the state 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. The bill establishes requirements for such probation agreements and specifies that a defendant who completes the terms of probation before judgment will not be considered convicted for other legal purposes.

Committee Categories

Justice

Sponsors (5)

Last Action

Approved by the Governor - Chapter 711 (on 05/16/2023)

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