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MD HB1263
MD HB1263Criminal Procedure - Petition to Modify or Reduce Sentence (Maryland Second Look Act)
summary
Introduced
02/17/2023
02/17/2023
In Committee
02/17/2023
02/17/2023
Crossed Over
Passed
Dead
04/10/2023
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, allows 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. A person must have served at least 20 years of their term without diminution credits or the equivalent of 25 years with diminution credits, and at least 5 years must have passed since their last petition was decided.
2. The court must hold a hearing on the petition, except if the court determines the petitioner is ineligible.
3. The State's Attorney must notify victims or their representatives about the petition and the hearing.
4. Petitioners are entitled to the assistance of counsel, and if indigent, representation by the Office of the Public Defender.
5. For petitioners sentenced as minors, the court must modify the sentence to result in release within 3 years if the petitioner has matured and rehabilitated. For adult petitioners, the court may modify the sentence if it finds the original sentence is not necessary for public protection.
6. The court cannot increase the length of the sentence and must give the State's Attorney and victims or their representatives an opportunity to be heard.
7. Either the petitioner or the State may appeal the court's order within 30 days.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
First Reading House Rules and Executive Nominations (on 02/17/2023)
bill text
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1263?ys=2023RS |
| BillText | https://mgaleg.maryland.gov/2023RS/bills/hb/hb1263f.pdf |
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