HOUSE BILL 1234

File Code: Criminal Law - Procedure Prior Year Introduction As: HB 602/03 - JUD

Sponsored By:

Delegates O'Donnell, Amedori, Dwyer, McMillan, and Shank

Entitled:

Sentencing - Revisory Power of Courts - Limitations

Synopsis:

Authorizing a defendant who seeks a court to change a criminal sentence to file a specified motion within 90 days; limiting the courts' revisory power over sentencing to 15 months; requiring a decision that changes the original sentence to be in writing and state the reasons for the decision; allowing a motion to be filed at any time in a case involving an illegal sentence, fraud, a mistake, or an irregularity; and requiring the court to notify all the defendant's victims prior to changing the sentence.

History by Legislative Date

House Action

2/13

First Reading Judiciary

2/25

Hearing 3/18 at 1:00 p.m.

Senate Action

No Action

Sponsored by:

Delegate Anthony J. O'Donnell, District 29C

Delegate Carmen Amedori, District 5A

Delegate Donald H. Dwyer, Jr., District 31

Delegate Herb McMillan, District 30

Delegate Christopher B. Shank, District 2B

Bill indexed under the following Subjects:

APPEALS -see also- JUDICIAL REVIEW

COURTS -see also- CIRCUIT; APPEALS; DISTRICT; ORPHANS'; etc.

JUDGES

NOTICES

SENTENCES -see also- DEATH PENALTY

VICTIMS -see also- CRIMINAL INJURIES COMPENSATION

Bill affects the following Statute:

Criminal Procedure

( 6-229 )

Documents:

Bill Text: First Reading (PDF), Third Reading, Enrolled

Fiscal Note: Available (PDF)

Amendments: None offered