Maryland HB 678: Criminal Law - Sentencing - Subsequent Offenders (Career Criminal Truth in Sentencing Act)

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0678*

HOUSE BILL 678
E1 8lr2744
HB 1173/16 – JUD
By: Delegates Buckel, Cluster, Corderman, Glass, Hornberger, Kittleman, Malone,
McComas, Parrott, and Rey
Introduced and read first time: January 31, 2018
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Sentencing – Subsequent Offenders 2
(Career Criminal Truth in Sentencing Act) 3

FOR the purpose of providing that certain subsequent criminal offenders are not entitled 4
to a diminution of their term of confinement; requiring that certain subsequent 5
criminal offenders be sentenced to imprisonment for the maximum term allowed by 6
law; prohibiting the court from suspending all or part of a mandatory sentence for 7
certain subsequent criminal offenders; providing that certain subsequent criminal 8
offenders are not eligible for parole; requiring that the State follow certain 9
procedural rules when prosecuting certain subsequent criminal offenders; and 10
generally relating to sentencing. 11

BY repealing and reenacting, with amendments, 12
Article – Correctional Services 13
Section 3–702(a) 14
Annotated Code of Maryland 15
(2017 Replacement Volume) 16

BY adding to 17
Article – Correctional Services 18
Section 3–702(d) 19
Annotated Code of Maryland 20
(2017 Replacement Volume) 21

BY repealing and reenacting, without amendments, 22
Article – Criminal Law 23
Section 14–101(a) through (d) 24
Annotated Code of Maryland 25
(2012 Replacement Volume and 2017 Supplement) 26

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BY adding to 1
Article – Criminal Law 2
Section 14–104 3
Annotated Code of Maryland 4
(2012 Replacement Volume and 2017 Supplement) 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7

Article – Correctional Services 8

3–702. 9

(a) Subject to subsections (b) [and], (c), AND (D) of this section, § 3–711 of this 10
subtitle, and Title 7, Subtitle 5 of this article, an inmate committed to the custody of the 11
Commissioner is entitled to a diminution of the inmate’s term of confinement as provided 12
under this subtitle. 13

(D) AN INMATE WHO IS SERVING A SENTENCE UNDER § 14–104 OF THE 14
CRIMINAL LAW ARTICLE IS NOT ENTITLED TO A DIMINUTION OF THE INMATE’S 15
TERM OF CONFINEMENT AS PROVIDED UNDER THIS SUBTITLE. 16

Article – Criminal Law 17

14–101. 18

(a) In this section, “crime of violence” means: 19

(1) abduction; 20

(2) arson in the first degree; 21

(3) kidnapping; 22

(4) manslaughter, except involuntary manslaughter; 23

(5) mayhem; 24

(6) maiming, as previously proscribed under former Article 27, §§ 385 and 25
386 of the Code; 26

(7) murder; 27

(8) rape; 28

(9) robbery under § 3–402 or § 3–403 of this article; 29

HOUSE BILL 678 3

(10) carjacking; 1

(11) armed carjacking; 2

(12) sexual offense in the first degree; 3

(13) sexual offense in the second degree; 4

(14) use of a handgun in the commission of a felony or other crime of 5
violence; 6

(15) child abuse in the first degree under § 3–601 of this article; 7

(16) sexual abuse of a minor under § 3–602 of this article if: 8

(i) the victim is under the age of 13 years and the offender is an 9
adult at the time of the offense; and 10

(ii) the offense involved: 11

1. vaginal intercourse, as defined in § 3–301 of this article; 12

2. a sexual act, as defined in § 3–301 of this article; 13

3. an act in which a part of the offender’s body penetrates, 14
however slightly, into the victim’s genital opening or anus; or 15

4. the intentional touching, not through the clothing, of the 16
victim’s or the offender’s genital, anal, or other intimate area for sexual arousal, 17
gratification, or abuse; 18

(17) home invasion under § 6–202(b) of this article; 19

(18) an attempt to commit any of the crimes described in items (1) through 20
(17) of this subsection; 21

(19) continuing course of conduct with a child under § 3–315 of this article; 22

(20) assault in the first degree; 23

(21) assault with intent to murder; 24

(22) assault with intent to rape; 25

(23) assault with intent to rob; 26

(24) assault with intent to commit a sexual offense in the first degree; and 27

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(25) assault with intent to commit a sexual offense in the second degree. 1

(b) (1) Except as provided in subsection (f) of this section, on conviction for a 2
fourth time of a crime of violence, a person who has served three separate terms of 3
confinement in a correctional facility as a result of three separate convictions of any crime 4
of violence shall be sentenced to life imprisonment without the possibility of parole. 5

(2) Notwithstanding any other law, the provisions of this subsection are 6
mandatory. 7

(c) (1) Except as provided in subsection (f) of this section, on conviction for a 8
third time of a crime of violence, a person shall be sentenced to imprisonment for the term 9
allowed by law but not less th