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MD HB703

MD HB703
Criminal Procedure - Diagnosis of Developmental Disability or Intellectual Disability - Evidence


summary

Introduced
01/24/2025
In Committee
01/24/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Providing that certain evidence of certain diagnoses is admissible in a criminal proceeding if the evidence tends to show that the defendant, at the time of the alleged offense, did or did not have the mental state required for the offense charged and is otherwise admissible; and requiring a judge or a District Court commissioner to consider any diagnosis for the defendant of a certain developmental disability or intellectual disability when making a pretrial release determination.

AI Summary

This bill modifies Maryland law to enhance legal considerations for defendants with certain neurodevelopmental conditions in criminal proceedings. Specifically, the bill allows evidence related to diagnoses of autism spectrum disorder, developmental disability, or intellectual disability to be admissible in criminal cases if the evidence helps demonstrate the defendant's mental state at the time of an alleged offense and meets existing evidentiary standards. The bill defines developmental disability as a severe, chronic condition that is present before age 22, likely to continue indefinitely, requires significant external support, and necessitates specialized, coordinated care. Additionally, the bill requires judges and District Court commissioners to consider a defendant's diagnosis of developmental or intellectual disability when making pretrial release determinations. An intellectual disability is specifically defined as a developmental disability characterized by significantly below-average intellectual functioning and impaired adaptive behaviors. The legislation will take effect on October 1, 2025, and aims to provide a more nuanced approach to understanding a defendant's mental capacity and potentially mitigating circumstances in criminal proceedings.

Committee Categories

Justice

Sponsors (10)

Last Action

House Judiciary Hearing (13:00:00 2/11/2025 ) (on 02/11/2025)

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