Bill > HB195

This bill modifies Maryland's criminal procedure law regarding the dismissal of criminal charges against defendants found incompetent to stand trial. Under the new provisions, charges will be automatically dismissed after a specified time period depending on the severity of the offense: 10 years (or the maximum sentence) for first-degree murder or rape, 5 years (or the maximum sentence) for felonies or violent crimes, and 3 years (or the maximum sentence) for other offenses. Before dismissing a charge, the court must provide advance notice to the State's Attorney and any victim or victim's representative who has filed a notification request, and give them an opportunity to be heard. The court can also dismiss charges without prejudice if it determines that resuming the criminal proceeding would be unjust due to the significant time elapsed since the defendant was found incompetent. If charges are dismissed, the court must notify the victim (or their representative) and the Criminal Justice Information System Central Repository. The State retains the ability to petition the court for an extraordinary cause extension of the charge. The bill is set to take effect on July 1, 2025.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0195?ys=2025RS