First Degree Murder - Diminution Credits - Prohibition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0463*

HOUSE BILL 463
E5 6lr2206

By: Delegates Buckel, Anderson, Arentz, Baker, Beauchamp, Chisholm, Griffith,
Hartman, Hinebaugh , Hornberger, Hutchinson, Jacobs, Kipke, R. Long,
McComas, Metzgar, T. Morgan, Nkongolo, Pippy, Reilly, Rose, Schmidt,
Tomlinson, Valentine, and Wivell
Introduced and read first time: January 23, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

First Degree Murder – Diminution Credits – Prohibition 2

FOR the purpose of prohibiting the earning of diminution credits to reduce the term of 3
confinement of an incarcerated individual who is serving a sentence for murder in 4
the first degree in a State or local correctional facility; and generally relating to 5
diminution credits. 6

BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 3–702 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Correctional Services 14

3–702. 15

(a) Subject to subsections (b) [and], (c), AND (D) of this section, § 3 –711 of this 16
subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the 17
custody of the Commissioner is entitled to a diminution of the incarcerated individual’s 18
term of confinement as provided under this subtitle. 19

(b) (1) Subject to paragraph (2) of this subsection, an incarcerated individual 20
who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article 21
2 HOUSE BILL 463

involving a victim who is a child under the age of 16 years, or an incarcerated individual 1
who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, 2
as the sections existed before October 1, 2017, involving a victim who is a child under the 3
age of 16 years, is not entitled to a diminutio n of the incarcerated individual’s term of 4
confinement as provided under this subtitle. 5

(2) An incarcerated individual who is serving a sentence for a violation of 6
§ 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, is not entitled 7
to a diminution of the incarcerated individual’s term of confinement as provided under this 8
subtitle. 9

(c) An incarcerated individual who is serving a sentence for a violation of § 3–307 10
of the Criminal Law Article involving a victim who is a child under the age of 16 years is 11
not entitled to a diminution of the incarcerated individual’s term of confinement as provided 12
under this subtitle, if the incarcerated individual was previously convicted of a violation of 13
§ 3–307 of the Criminal Law Article in volving a victim who is a child under the age of 16 14
years. 15

(D) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 16
VIOLATION OF § 2–201 OF THE CRIMINAL LAW ARTICLE IS NOT ENTITL ED TO A 17
DIMINUTION OF THE IN CARCERATED INDIVIDUA L’S TERM OF CONFINEMEN T AS 18
PROVIDED UNDER THIS SUBTITLE. 19

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 20
apply only prospectively and may not be applied or interpreted to have any effect on or 21
application to any offense committed before the effective date of this Act. 22

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24