Maryland SB 176: State Commission on Criminal Sentencing Policy - Annual Report - Crimes of Violence

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0176*

SENATE BILL 176
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By: The President (By Request – Administration) and Senators Bailey, Carozza,
Cassilly, Eckardt, Edwards, Gallion, Hayes, Hershey, Hough, Jennings,
Ready, Salling, Serafini, Simonaire, and West
Introduced and read first time: January 21, 2019
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

State Commission on Criminal Sentencing Policy – Annual Report – Crimes of 2
Violence 3

FOR the purpose of requiring a certain annual report submitted by the State Commission 4
on Criminal Sentencing Policy to identify certain information for each conviction of 5
a certain crime of violence; requiring the Commission to include certain entry 6
locations on a sentencing guidelines worksheet for a court to report certain 7
information; and generally relating to the State Commission on Criminal Sentencing 8
Policy. 9

BY repealing and reenacting, without amendments, 10
Article – Criminal Law 11
Section 14–101(a) 12
Annotated Code of Maryland 13
(2012 Replacement Volume and 2018 Supplement) 14

BY repealing and reenacting, without amendments, 15
Article – Criminal Procedure 16
Section 6–201 17
Annotated Code of Maryland 18
(2018 Replacement Volume) 19

BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
Section 6–209 22
Annotated Code of Maryland 23
(2018 Replacement Volume) 24

BY adding to 25

2 SENATE BILL 176

Article – Criminal Procedure 1
Section 6–215 2
Annotated Code of Maryland 3
(2018 Replacement Volume) 4

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6

Article – Criminal Law 7

14–101. 8

(a) In this section, “crime of violence” means: 9

(1) abduction; 10

(2) arson in the first degree; 11

(3) kidnapping; 12

(4) manslaughter, except involuntary manslaughter; 13

(5) mayhem; 14

(6) maiming, as previously proscribed under former Article 27, §§ 385 and 15
386 of the Code; 16

(7) murder; 17

(8) rape; 18

(9) robbery under § 3–402 or § 3–403 of this article; 19

(10) carjacking; 20

(11) armed carjacking; 21

(12) sexual offense in the first degree; 22

(13) sexual offense in the second degree; 23

(14) use of a firearm in the commission of a felony except possession with 24
intent to distribute a controlled dangerous substance under § 5–602(2) of this article, or 25
other crime of violence; 26

(15) child abuse in the first degree under § 3–601 of this article; 27

SENATE BILL 176 3

(16) sexual abuse of a minor under § 3–602 of this article if: 1

(i) the victim is under the age of 13 years and the offender is an 2
adult at the time of the offense; and 3

(ii) the offense involved: 4

1. vaginal intercourse, as defined in § 3–301 of this article; 5

2. a sexual act, as defined in § 3–301 of this article; 6

3. an act in which a part of the offender’s body penetrates, 7
however slightly, into the victim’s genital opening or anus; or 8

4. the intentional touching of the victim’s or the offender’s 9
genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 10

(17) home invasion under § 6–202(b) of this article; 11

(18) an attempt to commit any of the crimes described in items (1) through 12
(17) of this subsection; 13

(19) continuing course of conduct with a child under § 3–315 of this article; 14

(20) assault in the first degree; 15

(21) assault with intent to murder; 16

(22) assault with intent to rape; 17

(23) assault with intent to rob; 18

(24) assault with intent to commit a sexual offense in the first degree; and 19

(25) assault with intent to commit a sexual offense in the second degree. 20

Article – Criminal Procedure 21

6–201. 22

In this part, “Commission” means the State Commission on Criminal Sentencing 23
Policy. 24

6–209. 25

(a) The Commission shall review annually sentencing policy and practice and, on 26
or before January 31 of each year, report to the General Assembly, in accordance with § 27

4 SENATE BILL 176

2–1246 of the State Government Article, on the activities of the preceding calendar year. 1

(b) (1) The report shall: 2

(i) include any changes to the sentencing guidelines made during 3
the preceding year; 4

(ii) review judicial compliance with the sentencing guidelines, 5
including compliance by crime and by judicial circuit; 6

(III) FOR EACH CONVICTION OF A CRIME OF VIOLENCE AS 7
DEFINED IN § 14–101(A) OF THE CRIMINAL LAW ARTICLE, IDENTIFY: 8

1. THE CRIME OF WHICH THE DEFENDANT WAS 9
CONVICTED; 10

2. THE SENTENCE IMPOSED; 11

3. THE APPLICABLE SENTENCING GUIDELINES RANGE; 12

4. THE SENTENCE RECOMMENDED BY THE STATE; 13

5. THE COURT AND JUDICIAL CIRCUIT WITH 14
JURISDICTION OVER THE CASE; AND 15

6. THE SENTENCING JUDGE; 16

[(iii)] (IV) review reductions or increases in original sentences that 17
have occurred because of reconsiderations of sentences imposed under §