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MD HB312

MD HB312
Criminal Procedure - Incompetency to Stand Trial


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Altering the time period after which a court is required to dismiss a certain charge against a defendant found incompetent to stand trial to the lesser of 10 years or the maximum sentence for the most serious offense charged under certain circumstances.

AI Summary

This bill modifies Maryland's criminal procedure law regarding how long a criminal charge can remain active when a defendant has been found incompetent to stand trial. Specifically, the bill introduces new time limits for dismissing charges based on the severity of the alleged offense. For first-degree murder or sexually assaultive behavior, charges can be dismissed after the lesser of 10 years or the maximum sentence for the most serious offense charged. For other felonies or violent crimes not covered by the first category, charges can be dismissed after the lesser of 5 years or the maximum sentence. For all other offenses, the existing 3-year limit remains. The bill also requires that if a victim has filed a notification request, they must be informed about potential dismissal and given an opportunity to be heard. If charges are dismissed, the court must notify the victim (or victim's representative) and the Criminal Justice Information System Central Repository. The changes will take effect on July 1, 2025, providing a clear timeline for implementation of these new provisions.

Committee Categories

Justice

Sponsors (2)

Last Action

Withdrawn by Sponsor (on 02/17/2025)

bill text


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