Bill > SB449

This bill alters the time period after which a court is required to dismiss a charge against a defendant found incompetent to stand trial. Under the new provisions, the court must dismiss the charge: - After 10 years or the maximum sentence for the most serious offense charged, if the defendant is charged with first-degree murder or sexually assaultive behavior. - After 5 years or the maximum sentence for the most serious offense charged, if the defendant is charged with a felony or a crime of violence (other than first-degree murder or sexually assaultive behavior). - After 3 years or the maximum sentence for the most serious offense charged, if the defendant is charged with an offense not covered in the previous two categories. The bill also allows the court to dismiss the charge without prejudice if the court considers that resuming the criminal proceeding would be unjust due to the amount of time that has passed since the defendant was found incompetent to stand trial, as long as the State's Attorney and any victim or victim's representative are provided advance notice and an opportunity to be heard.

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https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0449?ys=2024RS