Criminal Procedure - Incompetency to Stand Trial Dismissal

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0180*

HOUSE BILL 180
E2 6lr1068
HB 195/25 – JUD (PRE–FILED) CF SB 67
By: Delegate Cardin
Requested: October 2, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Procedure – Incompetency to Stand Trial Dismissal 2

FOR the purpose of altering a certain time period after which a court is required to dismiss 3
a certain charge against a defendant found incompetent to stand trial under certain 4
circumstances; requiring a court to provide a certain notice and provide an 5
opportunity to be heard to the State’s Attorney and a certain victim or victim’s 6
representative before dismissing a certain charge ag ainst a defendant found 7
incompetent to stand trial; and generally relating to incompetency to stand trial. 8

BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 3–107 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15

Article – Criminal Procedure 16

3–107. 17

(a) [Whether] SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHETHER or 18
not the defendant is confined [and unless the State petitions the court for extraordinary 19
cause to extend the time ], the court shall dismiss the charge against a defendant found 20
incompetent to stand trial under this subtitle: 21

(1) WHEN CHARGED WITH MU RDER IN THE FIRST DE GREE IN 22
VIOLATION OF § 2–201 OF THE CRIMINAL LAW ARTICLE OR RAPE IN TH E FIRST 23
2 HOUSE BILL 180

DEGREE IN VIOLATION OF § 3–303 OF THE CRIMINAL LAW ARTICLE, AFTER THE 1
LESSER OF THE EXPIRATION OF 10 YEARS OR THE MAXIMUM SENTENCE FOR THE 2
MOST SERIOUS OFFENSE CHARGED; 3

(2) when charged with a felony or a crime of violence as defined under § 4
14–101 of the Criminal Law Article NOT COVERED UNDER IT EM (1) OF THIS 5
SUBSECTION, after the lesser of the expiration of 5 years or the maximum sentence for the 6
most serious offense charged; or 7

[(2)] (3) when charged with an offense not covered under item (1) OR (2) 8
of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for 9
the most serious offense charged. 10

(B) (1) AS PART OF THE PROCESS OF THE COURT DISMISSING A CHARGE, 11
THE C OURT SHALL PROVIDE T HE STATE’S ATTORNEY AND A VICTIM OR VICTIM’S 12
REPRESENTATIVE WHO H AS FILED A NOTIFICAT ION REQUEST FORM UND ER § 13
11–104 OF THIS ARTICLE ADVA NCE NOTICE OF THE DI SMISSAL AND AN 14
OPPORTUNITY TO BE HEARD. 15

(2) AT ANY TIME , THE STATE MAY PETI TION THE COURT FOR 16
EXTRAORDINARY CAUSE TO EXTEND THE TIME OF THE CHARGE. 17

[(b)] (C) Whether or not the defendant is confined, if the court considers that 18
resuming the criminal proceeding would be unjust because so much time has passed since 19
the defendant was found incompetent to stand trial, the court shall dismiss the charge 20
without prejudice. However, the court may not dismiss a charge without providing the 21
State’s Attorney and a victim or victim’s representative who has requested notification 22
under § 3–123(c) of this title advance notice and an opportunity to be heard. 23

[(c)] (D) If charges are dismissed under this section, the court shall notify: 24

(1) the victim of the crime charged or the victim’s representative who has 25
requested notification under § 3–123(c) of this title; and 26

(2) the Criminal Justice Information System Central Repository. 27

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2026. 29