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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0679*
SENATE BILL 679
E2 6lr2992
By: Senator Folden
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Motion to Reduce Duration of Sentence – Eligibility 2
(Vincent Anthony Fisher III Act) 3
FOR the purpose of altering the eligibility criteria for the filing of a certain motion to reduce 4
the duration of a sentence; and generally relating to motions to reduce the duration 5
of a sentence. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Procedure 8
Section 8–110 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 – Criminal Procedure 14
8–110. 15
(a) This section applies only to an individual who: 16
(1) (i) was convicted as an adult for an offense committed when the 17
individual was a minor; 18
(ii) was sentenced for the offense before October 1, 2021; and 19
(iii) has been imprisoned for at least 20 years for the offense; or 20
(2) (i) was convicted of an offense committed when the individual was 21
at least 18 years old but younger than 25 years old; 22
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(ii) was not sentenced to life without the possibility of parole; 1
(iii) is not a sex offender, as defined in § 11–701 of this article; 2
(iv) has been imprisoned for at least 20 years for the offense; and 3
(v) was not convicted of [murder involving a victim who was a first 4
responder, as defined in § 18 –213.2 of the Health – General Article, who was killed in the 5
line of duty]: 6
1. MURDER OR MANSLAUGHT ER OF A VIABLE FETUS 7
UNDER § 2–103 OF THE CRIMINAL LAW ARTICLE; 8
2. MURDER IN THE FIRST DEGREE UNDER § 2–201 OF 9
THE CRIMINAL LAW ARTICLE; 10
3. MURDER IN THE SECOND DEGREE UNDER § 2–204 OF 11
THE CRIMINAL LAW ARTICLE; 12
4. ATTEMPTED MURDER IN THE FIRST DEGREE UNDER § 13
2–205 OF THE CRIMINAL LAW ARTICLE; 14
5. ATTEMPTED MURDER IN THE SECOND DEGREE UNDER 15
§ 2–206 OF THE CRIMINAL LAW ARTICLE; 16
6. MANSLAUGHTER UNDER § 2–207 OF THE CRIMINAL 17
LAW ARTICLE; 18
7. MANSLAUGHTER BY VEHI CLE OR VESSEL UNDER § 19
2–209 OF THE CRIMINAL LAW ARTICLE; 20
8. CAUSING THE DEATH OF ANOTHER BY OPERATION OF 21
VEHICLE OR VESSEL IN A CRIMINALLY NEGLIGENT MANNER UNDER § 2–210 OF THE 22
CRIMINAL LAW ARTICLE; 23
9. HOMICIDE BY MOTOR VE HICLE OR VESSEL WHIL E 24
UNDER THE INFLUENCE OF ALCOHOL OR UNDER THE INFLUENCE OF ALCOHOL PER 25
SE UNDER § 2–503 OF THE CRIMINAL LAW ARTICLE; 26
10. HOMICIDE BY MOTOR VE HICLE OR VESSEL WHIL E 27
IMPAIRED BY ALCOHOL UNDER § 2–504 OF THE CRIMINAL LAW ARTICLE; 28
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11. HOMICIDE BY MOTOR VE HICLE OR VESSEL WHIL E 1
IMPAIRED BY DRUGS UNDER § 2–505 OF THE CRIMINAL LAW ARTICLE; 2
12. HOMICIDE BY MOTOR VEHICLE O R VESSEL WHILE 3
IMPAIRED BY A CONTRO LLED DANGEROUS SUBST ANCE UNDER § 2–506 OF THE 4
CRIMINAL LAW ARTICLE; 5
13. CHILD ABUSE RESULTIN G IN DEATH UNDER § 3–601 6
OF THE CRIMINAL LAW ARTICLE; OR 7
14. COMMISSION OF A HATE CRIME RESULTING IN THE 8
DEATH OF A VICTIM UNDER § 10–304 OF THE CRIMINAL LAW ARTICLE. 9
(b) (1) An individual described in subsection (a) of this section may file a 10
motion with the court to reduce the duration of the sentence. 11
(2) A court shall conduct a hearing on a motion to reduce the duration of a 12
sentence. 13
(3) (i) The individual shall be present at the hearing, unless the 14
individual waives the right to be present. 15
(ii) The requirement that the individual be present at the hearing is 16
satisfied if the hearing is conducted by video conference. 17
(4) (i) The individual may introduce evidence in support of the motion 18
at the hearing. 19
(ii) The State may introduce evidence in support of or in opposition 20
to the motion at the hearing. 21
(5) (i) Notice of the hearing under this subsection shall be given to the 22
victim or the victim’s representative as provided in §§ 11–104 and 11–503 of this article. 23
(ii) A victim or victim’s representative may submit a victim impact 24
statement to the court regarding the impact of the crime and the proposed sentence 25
reduction. 26
(iii) A victim may not be cross –examined when presenting a victim 27
impact statement under this section. 28
(c) Notwithstanding any other provision of law, after a hearing under subsection 29
(b) of this section, the court may reduce the duration of the sentence if the court determines 30
that: 31
(1) the individual is not a danger to the public; and 32
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(2) the interests of justice will be better served by a reduced sentence. 1
(d) A court shall consider the foll owing factors when determining whether to 2
reduce the duration of a sentence under this section: 3
(1) the individual’s age at the time of the offense; 4
(2) the nature of the offense and the history and characteristics of the 5
individual; 6
(3) whether the individual has substantially complied with the rules of the 7
institution in which the individual has been confined; 8
(4) whether the individual has completed an educational, vocational, or 9
other program; 10
(5) whether the individual has demonstrated maturity, rehabilitation, and 11
fitness to reenter society sufficient to justify a sentence reduction; 12
(6) any statement offered by a victim or a victim’s representative; 13
(7) any report of a physical, mental, or behavioral examination of the 14
individual conducted by a health professional; 15
(8) the individual’s family and community circumstances at the time of the 16
offense, including any history of trauma, abuse, or involvement in the child welfare system; 17
(9) the extent of the individual’s role in th e offense and, if the individual 18
was a minor at the time of the offense, whether and to what extent an adult was involved 19
in the offense; 20
(10) the diminished culpability of a juvenile as compared to an adult, 21
including an inability to fully appreciate risks and consequences, if applicable; and 22
(11) any other factor the court deems relevant. 23
(e) (1) The court shall issue its decision to grant or deny a motion to reduce 24
the duration of a sentence in writing. 25
(2) The decision shall address the facto rs listed in subsection (d) of this 26
section. 27
(3) (i) The court shall order an individual to stay away from and refrain 28
from contact with a victim and victim’s family if the individual is released, unless the victim 29
requests otherwise. 30
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(ii) The court may impose any other conditions of release necessary 1
to promote victim safety and peace of mind. 2
(f) (1) If the court denies or grants, in part, a motion to reduce the duration of 3
a sentence under this section, the individual may not file a second motio n to reduce the 4
duration of that sentence for at least 3 years. 5
(2) If the court denies or grants, in part, a second motion to reduce the 6
duration of a sentence, the individual may not file a third motion to reduce the duration of 7
that sentence for at least 3 years. 8
(3) With regard to any specific sentence, an individual may not file a fourth 9
motion to reduce the duration of the sentence. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2026. 12