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MD SB771

MD SB771
Criminal Procedure - Petition to Modify or Reduce Sentence (Maryland Second Look Act)


summary

Introduced
02/06/2023
In Committee
02/06/2023
Crossed Over
Passed
Dead
04/10/2023

Introduced Session

2023 Regular Session

Bill Summary

AN ACT concerning Criminal Procedure - Petition to Modify or Reduce Sentence (Maryland Second Look Act) FOR the purpose of authorizing a person who is serving a term of confinement to petition a court to modify or reduce the sentence under certain circumstances; providing that a certain petitioner is entitled to assistance of counsel and, under certain circumstances, representation by the Office of the Public Defender; authorizing a certain person to apply to the Appellate Court of Maryland for leave to appeal a certain order in a certain manner and within a certain period of time after a court passes an order in accordance with the provisions of this Act; and generally relating to a petition to modify or reduce a sentence. BY adding to Article - Criminal Procedure Section 8-501 to be under the new subtitle “Subtitle 5. Petition to Modify or Reduce Sentence” Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement)

AI Summary

This bill, known as the Maryland Second Look Act, authorizes a person serving a term of confinement to petition the court to modify or reduce their sentence under certain circumstances. The key provisions include: 1. Eligibility: A person must have served at least 20 years of their term without diminution credits or the equivalent of 25 years with credits, and at least 5 years must have passed since the court decided any previous petition. 2. Hearing: The court must hold a hearing on the petition, unless the petitioner is ineligible, and the hearing and decision must be on the record and in open court. 3. Victim Notification: The State's Attorney must notify victims and victims' representatives of the petition and any hearing. 4. Representation: Eligible petitioners are entitled to the assistance of counsel and, if indigent, representation by the Office of the Public Defender. 5. Sentencing Modification: The court may modify the sentence if the petitioner has matured and rehabilitated, or if the original sentence is no longer necessary to protect the public. 6. Appeal: The petitioner or the State may apply for leave to appeal the court's order within 30 days. The bill aims to provide a "second look" opportunity for individuals serving lengthy sentences, particularly those who committed crimes as minors, to have their sentences reconsidered based on their rehabilitation and the protection of the public.

Committee Categories

Justice

Sponsors (3)

Last Action

Senate Judicial Proceedings Hearing (13:00:00 3/15/2023 ) (on 03/15/2023)

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