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MD HB703
MD HB703Criminal Procedure - Diagnosis of Developmental Disability or Intellectual Disability - Evidence
summary
Introduced
01/24/2025
01/24/2025
In Committee
01/24/2025
01/24/2025
Crossed Over
Passed
Dead
04/08/2025
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)
Aaron Kaufman (D)*,
Nick Allen (D),
Jessica Feldmark (D),
Michele Guyton (D),
Susan McComas (R),
Scott Phillips (D),
Matthew Schindler (D),
Emily Shetty (D),
Deni Taveras (D),
Jen Terrasa (D),
Last Action
House Judiciary Hearing (13:00:00 2/11/2025 ) (on 02/11/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0703?ys=2025RS |
BillText | https://mgaleg.maryland.gov/2025RS/bills/hb/hb0703f.pdf |
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