by Vincent Hill | Mon, March 6th 2023, 12:35 AM UTC
Proposed bill would prevent anyone under 25 with being charged with felony murder
BALTIMORE (WBFF) — In Maryland, felony murder occurs when someone is killed while a felony crime, like robbery is being committed.
For example, a getaway driver hits and kills a pedestrian while fleeing the scene of a crime, they are guilty of felony murder, under current law.
Democratic Delegate Charlotte Cruchfield is looking to change that with her Youth Accountability and Safety Act, House Bill 1180.
Specifically, Delegate Crutchfield wants that to apply to anyone under the age of 25.
In recent weeks, the issue of age has been a hot topic when it comes to justice reform.
Governor Wes Moore's pick to run the Juvenile Justice Service, Vincent Schiraldi has said no one under the age of 21 should be introduced to the justice system, because the brain is not fully developed.
However, opponents of HB 1180, like Republican Delegate Susan McComas say Democrats are only using mental capacity when it comes to soft on crime policies.
“Proponents of the bill say that the human brain is not fully formed in the frontal lobes until age 25. But yet, we’re doing other things in the general assembly, letting children vote earlier and earlier, letting them get hormone inducing drugs to change their sex," said McComas.
Delegate McComas believes the bill, if passed, would lead to a spike in crime.
“If this bill passes, you’re going to have kingpins, you’re going to have gangs use juveniles to do their dirty work.," said McComas.
Law Enforcement officials like Harford County Sheriff Jeff Gahler agree.
Source (Archive)
HB1180
The Department of State Police reports 269 arrests for any degree of murder in 2020. Of the total, 111 arrests were for individuals under age 25 – 88 were Black or African American, 21 were white, 1 was American Indian and Alaska Native, and 1 was of unknown race.
As shown in Exhibit 1, Black or African American individuals were 79% of arrests for murder in 2020 despite comprising just 31% of the under age 25 population in the State. In contrast, white individuals were 19% of those arrested for murder, significantly lower than their 42% proportion of the under age 25 State population.
Arrest Data
Though this data covers arrests for all types of murder, not just first-degree murder, it shows significant disparities in arrests for Black or African American individuals under age 25 in the State, making these individuals the most impacted by the bill’s provisions.
Sentencing Data
More recently, for fiscal 2022, the Maryland State Commission on Criminal Sentencing Policy (MSCCSP) received information for 106 individuals sentenced to 116 total counts of first-degree murder in circuit court. However, MSCCSP data does not distinguish between felony murder and other types of first-degree murder as listed in statute.
Incarceration Data
The Department of Public Safety and Correctional Services reports that in fiscal 2022, out of a total of 14,983 incarcerated individuals, 1,365, or 9.1%, were individuals under age 25. Of the overall incarcerated population, 30% is imprisoned with a murder conviction. The data does not specify how many of those individuals were under 25 when the murder occurred or what degree or type of murder was committed.
Approximately 15% of inmates in fiscal 2022 were serving life sentences. This group would include all individuals convicted of first-degree murder under existing law. The portion of this group that are under age 25 and incarcerated for murder is not known, however. It should also be noted that the bill would also only apply prospectively for individuals charged and sentenced after the bill’s effective date.
Information Sources: Department of Public Safety and Correctional Services; U.S. Census Bureau; Maryland Department of Planning; Department of State Police; Maryland State Commission on Criminal Sentencing Policy; Department of Legislative Services
Analysis by: Elli Nikolopoulos
Published: 03/01/2023
Source (Archive)
Fiscal Policy Note (Archive)
Full Bill (Archive)
Proposed bill would prevent anyone under 25 with being charged with felony murder
BALTIMORE (WBFF) — In Maryland, felony murder occurs when someone is killed while a felony crime, like robbery is being committed.
For example, a getaway driver hits and kills a pedestrian while fleeing the scene of a crime, they are guilty of felony murder, under current law.
Democratic Delegate Charlotte Cruchfield is looking to change that with her Youth Accountability and Safety Act, House Bill 1180.
Specifically, Delegate Crutchfield wants that to apply to anyone under the age of 25.
In recent weeks, the issue of age has been a hot topic when it comes to justice reform.
Governor Wes Moore's pick to run the Juvenile Justice Service, Vincent Schiraldi has said no one under the age of 21 should be introduced to the justice system, because the brain is not fully developed.
However, opponents of HB 1180, like Republican Delegate Susan McComas say Democrats are only using mental capacity when it comes to soft on crime policies.
“Proponents of the bill say that the human brain is not fully formed in the frontal lobes until age 25. But yet, we’re doing other things in the general assembly, letting children vote earlier and earlier, letting them get hormone inducing drugs to change their sex," said McComas.
Delegate McComas believes the bill, if passed, would lead to a spike in crime.
“If this bill passes, you’re going to have kingpins, you’re going to have gangs use juveniles to do their dirty work.," said McComas.
Law Enforcement officials like Harford County Sheriff Jeff Gahler agree.
Source (Archive)
Racial Equity Impact Note
Department of Legislative Services
Maryland General Assembly
2023 SessionHB1180
Criminal Law - Youth Accountability and Safety Act
Bill Summary
This bill prohibits a person from being convicted of murder in the first degree if they are (1) under the age of 25 at the time of the offense and (2) committed the crime in the perpetration or attempted perpetration of an additional crime listed under § 2-201(4)(i)-(xii) of the Criminal Law Article.Racial Equity Impact Statement
The bill’s provisions prohibiting individuals under the age of 25 from being convicted of first-degree murder in specified circumstances would have a potentially meaningful impact on Black or African American individuals in this age bracket who face arrest for murder, in general, at a disproportionately high rate. The overall equity impacts of the bill, however, cannot be reliably estimated without detailed data on convictions, sentencing, inmates, parole activity, and recidivism rates.Analysis
The bill would prohibit an individual under the age of 25 from being convicted of first-degree murder committed in the perpetration of or an attempt to perpetrate various felonies including carjacking, arson, burglary, rape, and various sex offenses. The current penalty for first-degree murder, including felony murder as described in the bill, is imprisonment for life or life without the possibility of parole. A murder that is not in the first degree is considered second degree under statute, and a person who commits a murder in the second degree is also guilty of a felony and subject to imprisonment for a maximum of 40 years. Accordingly, the bill would reduce the overall sentence length for individuals who committed felony murder prior to turning age 25 that would have been otherwise sentenced to life imprisonment under existing law.The Department of State Police reports 269 arrests for any degree of murder in 2020. Of the total, 111 arrests were for individuals under age 25 – 88 were Black or African American, 21 were white, 1 was American Indian and Alaska Native, and 1 was of unknown race.
As shown in Exhibit 1, Black or African American individuals were 79% of arrests for murder in 2020 despite comprising just 31% of the under age 25 population in the State. In contrast, white individuals were 19% of those arrested for murder, significantly lower than their 42% proportion of the under age 25 State population.
Arrest Data
Though this data covers arrests for all types of murder, not just first-degree murder, it shows significant disparities in arrests for Black or African American individuals under age 25 in the State, making these individuals the most impacted by the bill’s provisions.
Sentencing Data
More recently, for fiscal 2022, the Maryland State Commission on Criminal Sentencing Policy (MSCCSP) received information for 106 individuals sentenced to 116 total counts of first-degree murder in circuit court. However, MSCCSP data does not distinguish between felony murder and other types of first-degree murder as listed in statute.
Incarceration Data
The Department of Public Safety and Correctional Services reports that in fiscal 2022, out of a total of 14,983 incarcerated individuals, 1,365, or 9.1%, were individuals under age 25. Of the overall incarcerated population, 30% is imprisoned with a murder conviction. The data does not specify how many of those individuals were under 25 when the murder occurred or what degree or type of murder was committed.
Approximately 15% of inmates in fiscal 2022 were serving life sentences. This group would include all individuals convicted of first-degree murder under existing law. The portion of this group that are under age 25 and incarcerated for murder is not known, however. It should also be noted that the bill would also only apply prospectively for individuals charged and sentenced after the bill’s effective date.
Conclusion
The bill’s provisions prohibiting individuals under the age of 25 from being convicted of first-degree murder in specified circumstances would allow these individuals to be released from incarceration after serving no more than 40 years in prison. This could allow an individual who may have committed a murder while committing another crime as a juvenile or young adult to have an opportunity to be released at a more mature age and possibly rehabilitate. Accordingly, this would have a meaningful impact on individuals in this age bracket, particularly Black or African American individuals who generally face arrest for murder at a disproportionately high rate. Without conviction data, an estimate of the number of individuals that may be directly affected by the bill in terms of sentence length cannot be determined. In addition, the larger overall equity impacts of the bill cannot be reliably estimated without detailed data on convictions, sentencing, inmates, parole activity, and recidivism rates.Information Sources: Department of Public Safety and Correctional Services; U.S. Census Bureau; Maryland Department of Planning; Department of State Police; Maryland State Commission on Criminal Sentencing Policy; Department of Legislative Services
Analysis by: Elli Nikolopoulos
Published: 03/01/2023
Source (Archive)
Fiscal Policy Note (Archive)
Full Bill (Archive)
