Signed by Governor Larry Hogan, Jr.

Vote Smart's Synopsis:

Vote to concur with House amendment and pass a bill that amends certain definitions and regulations for crimes of violence.

Highlights:

• Defines “crime of violence” as the following, including, but not limited to (Sec. 1):

• Abduction or Arson in the first degree;

• Kidnapping, first degree child abuse, rape, or sexual abuse of a minor:

• Mayhem, maiming, murder, manslaughter, except involuntary manslaughter;

• Robbery, home invasion, carjacking, or armed carjacking;

• Sexual offense in the first degree or second degree;

• Use of a firearm in the commission of a felony except possession with intent to distribute a controlled dangerous substance or other crime of violence;

• Continuing course of conduct with a child;

• First degree assault with intent to rob, rape, murder, or commit a first or second degree sexual offense; and

• An attempt to commit any of these crimes.

• Requires on the conviction for a second time of a crime of violence committed on or after October 1, 1994, an individual to be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the individual (Sec. 1):

• Has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 1994; and

• Served a term of confinement in a correctional facility for that conviction.

• Requires on the conviction for a second time of a crime of violence committed on or after October 1, 2018, a individual is to be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the individual (Sec. 1):

• Has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 2018; and

• Served a term of a confinement in a correctional facility for that conviction.

• Prohibits the court from suspending all or part of the mandatory 10-year sentence (Sec. 1).

• Specifies that an individual sentenced under this section is not eligible for parole except in accordance with the provisions of the Correctional Services Article (Sec. 1).

• Authorizes an individual to file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the state or a political subdivision of the state if the individual is convicted of (Sec. 1):

• A misdemeanor;

• A felony;

• An attempt, a conspiracy, or solicitation of any offense from the previous listed offenses.

• Prohibits a petition for expungement of a felony to be filed earlier than 15 years after the person satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision (Sec. 1).

• Requires the court to pass an order requires the expungement of all police records and court records about the charge, unless the State’s Attorney or a victim files an objection to the petition for expungement within 30 days after the petition is served (Sec. 1).

• Requires the court to order the expungement of all police records and court records about the charge after a hearing, if the court finds and states on the record (Sec. 1):

• That the conviction is eligible for expungement;

• That giving due regard to the nature of the crime, the history and character of the person, and the person’s success at rehabilitation, the person is not a risk to public safety; and

• That an expungement would be in the interest of justice.

• Requires the court to deny a petition if it finds that a person is not entitled to expungement (Sec. 1).

• Authorizes the court to order the Department of Health to evaluate a defendant to determine whether, by reason of drug or alcohol abuse, the defendant is in need of and my benefit from treatment if (Sec. 1):

• It appears to the court that the defendant has an alcohol or drug abuse problem; or

• The defendant alleges an alcohol or drug dependency.

• Authorizes the court not to order the department to evaluate a defendant if a defendant is serving a sentence for a crime of violence (Sec. 1).

Full Bill Text