Tag: Maryland legislature

New Maryland laws take effect on October 1, 2023!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2023 Legislative Session.  To read about more laws resulting from the 2023 session, see the list of new laws published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2023, check out the List of Laws effective on October 1, 2023 from DLS. 

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2023 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online. In addition, by visiting the link for specific legislation, you can view documents at the “Witness List” link for each bill that argue for and against that legislation. 

Juvenile Law  

Victims of Sex Trafficking and Human Trafficking 

Senate Bill 292/House Bill 297 (1) alter procedures that a law enforcement officer and court must follow when there is reason to believe a child, who has been detained, is a victim of sex trafficking or a victim of human trafficking; (2) prohibit the criminal prosecution of or a juvenile proceeding against a minor for a “qualifying offense,” a “violation” (specified offenses for which a citation may be issued), or an offense under Section 3‐1102 of the Criminal Law Article (sex trafficking) if the minor committed the underlying act as a direct result of sex trafficking; and (3) expand the list of qualifying offenses for which a person may file a motion to vacate judgment if the person’s participation was a direct result of being a victim of human trafficking.  

Under current law, a law enforcement officer who has reason to believe that a child who has been detained is a victim of sex trafficking must notify any appropriate regional navigator for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking. The bills extend the notification requirement to suspected victims of human trafficking and specify that the notification must be made as soon as practicable so the regional navigator can coordinate a service response. The bills also require a law enforcement officer to (1) report to the local child welfare agency that a child is a suspected victim of sex trafficking or human trafficking and (2) release the child to the child’s parents, guardian, or custodian if it is safe and appropriate to do so, or to the local child welfare agency if there is reason to believe that the child’s safety will be at risk if the child is returned to the parent, guardian, or custodian. A law enforcement officer who takes a child who is a suspected victim of sex trafficking or human trafficking into custody is prohibited from detaining the child in a juvenile detention facility if the reason for detaining the child is a suspected violation of a qualifying offense or offense under Section 3‐1102 of the Criminal Law Article.  

Under the bills, at any time after a petition has been filed alleging that a child has committed a qualifying offense, a violation, or an offense under Section 3‐1102 of the Criminal Law Article, the juvenile court, on its own motion or on motion of the child’s counsel or the State, must stay all proceedings and refer the child to a regional navigator and notify the Department of Human Services. The court must schedule a hearing within 15 days after a motion is filed to determine, on the record and by a preponderance of the evidence, whether the child is a victim of sex trafficking or human trafficking and committed the qualifying offense, violation, or offense under Section 3‐1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or human trafficking. If the court finds that the child is a victim of sex trafficking or human trafficking and committed the underlying act as a direct result of being such a victim, the court must dismiss the charge for any qualifying offense, violation, or offense under Section 3‐1102 of the Criminal Law Article.  

Under current law, a person convicted of a “qualifying offense” may file a motion to vacate the judgment if the person’s participation in the offense was a direct result of being a victim of human trafficking. The bills expand the definition of “qualifying offense” to include the offenses of unauthorized use of a motor vehicle under Section 14-102 of the Transportation Article and soliciting or offering to solicit prostitution or assignation under Section 11-306 of the Criminal Law Article.  

Juvenile Court Jurisdiction – Juvenile Offenses on Military Installations  

Senate Bill 115/House Bill 749 establish that the jurisdiction of the juvenile court is concurrent with a federal court sitting in the State over proceedings involving a violation of federal law committed by a child on a military installation of the United States Department of Defense if (1) the federal court waives exclusive jurisdiction and (2) the violation of federal law is also a crime under State law. The bills also clarify that these provisions do not affect the Governor’s ability to enter into an agreement with the United States to establish full or partial concurrent jurisdiction for the purpose of enforcing civil or criminal law 

NB: There is good backgrounder from the Congressional Research Service: Juvenile Delinquents and Federal Criminal Law: The Federal Juvenile Delinquency Act and Related Matters in Short 

New Maryland laws take effect on October 1, 2023!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2023 Legislative Session.  To read about more laws resulting from the 2023 session, see the list of new laws published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2023, check out the List of Laws effective on October 1, 2023 from DLS. 

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2023 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online. In addition, by visiting the link for specific legislation, you can view documents at the “Witness List” link for each bill that argue for and against that legislation. 

Victims of Crime  

Victim Services Stabilization Funding  

The Crime Victims Fund, established by the federal Victims of Crime Act (VOCA) of 1984, is a major funding source for victim services throughout the country. The purpose of the VOCA program is to improve the treatment of victims of crime by providing victims with the assistance and services necessary to aid their restoration after a violent criminal act and to support and aid victims as they move through the criminal justice process. Federal funding awards under VOCA have fluctuated in recent years, with amounts ranging from $18.9 million to $61.1 million. To ensure that a stable level of funding is provided to programs that receive and use VOCA funds to support victim services, Senate Bill 148/House Bill 186 require the Governor, in each fiscal year, to include in the annual budget bill an appropriation that, together with the amount received under federal VOCA funds in the prior year, totals an aggregate $60 million for specified victim services programs. Despite the mandated appropriation established by the bills, should federal funding continue at the level received in the most recent federal fiscal year, general fund expenditures would not increase beyond amounts that have been appropriated in recent years even in the absence of the mandated funding requirement.  

Among other provisions, the bills also (1) require the Governor’s Office of Crime Prevention, Youth, and Victim Services (GOCPYVS) to help support programs providing services for victims of crime throughout the State; (2) authorize GOCPYVS to award grants to public or private nonprofit organizations to operate the victim services programs; and (3) require GOCPYVS to ensure that State funds awarded under the bill are administered and used in accordance with specified requirements.  

Victims’ Rights and Safety Considerations  

Victims of Sexually Assaultive Behavior:  

Certain acts are designated in statute as “sexually assaultive behavior,” including those acts that constitute sexual crimes under Title 3, Subtitle 3 of the Criminal Law Article. Senate Bill 391/House Bill 174 expand upon the broad range of specific rights afforded to victims during the criminal justice process by requiring an assistant State’s Attorney to meet with a victim of sexually assaultive behavior at the request of the victim after a decision by the Office of the State’s Attorney not to file a charging document against an alleged suspect or to dismiss charges against an alleged suspect.  

No Contact Provisions:  

Under existing statute, a person charged with committing specified offenses may not violate a condition of pretrial or posttrial release prohibiting the person from contacting, harassing, or abusing an alleged victim or going in or near the alleged victim’s residence or place of employment. However, the statute has been interpreted by some judges as requiring that the individual was actually released (and not incarcerated) at the time of the prohibited contact. Senate Bill 487/House Bill 411 explicitly establish that a person, including an incarcerated person, is prohibited from violating a condition of pretrial or posttrial release or other pretrial or posttrial condition that prohibits the person from contacting, harassing, or abusing an alleged victim or going in or near an alleged victim’s residence or place of employment if the person is charged with committing specified offenses. 

New Maryland laws take effect on October 1, 2023!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2023 Legislative Session.  To read about more laws resulting from the 2023 session, see the list of new laws published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2023, check out the List of Laws effective on October 1, 2023 from DLS. 

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2023 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online. In addition, by visiting the link for specific legislation, you can view documents at the “Witness List” link for each bill that argue for and against that legislation. 

Crimes Involving Firearms  

In June 2022, the U.S. Supreme Court issued its decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), holding that the Second Amendment to the United States Constitution provides a right for a law-abiding citizen to carry a handgun outside the home for self-defense. The Court struck down a New York law that required applicants for a concealed carry handgun permit to demonstrate a “proper cause” (or a special need for self-defense distinguishable from the general population) before issuance of the permit.  

During the 2023 session, the General Assembly passed several bills relating to criminal prohibitions involving wearing, carrying, transporting, and storage of firearms.  

Sensitive Locations and Armed Trespassing  

The U.S. Supreme Court in Bruen noted that “sensitive places,” including schools, government buildings, legislative assemblies, polling places, and courthouses are locations “where arms carrying could be prohibited consistent with the Second Amendment.” Senate Bill 1 generally prohibits a person from wearing, carrying, or transporting a firearm in an “area for children or vulnerable individuals,” a “government or public infrastructure area,” or a “special purpose area.” A person who willfully violates these prohibitions is guilty of a misdemeanor, and on conviction, subject to maximum penalties of one year imprisonment and/or a $1,000 fine.  

In addition, Senate Bill 1 prohibits a person wearing, carrying, or transporting a firearm from entering or trespassing in the dwelling of another unless the owner or owner’s agent has given express permission, either to the person or to the public generally to wear, carry, or transport a firearm inside the dwelling. The bill also prohibits a person wearing, carrying, or transporting a firearm from (1) entering or trespassing on property unless the owner or owner’s agent has posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or transport a firearm on the property or (2) entering or trespassing on property unless the owner or the owner’s agent has given the person express permission to wear, carry, or transport a firearm on the property. “Property” is defined as a building. A person who willfully violates any of these prohibitions is guilty of a misdemeanor and on conviction subject to maximum penalties of one year imprisonment and/or a $1,000 fine.  

Senate Bill 1 repeals the authority of the Secretary of State Police to limit the geographic area, circumstances, or times in which a handgun permit is effective, and instead generally prohibits a person from wearing, carrying, or transporting a handgun, even with a valid handgun permit, in an “area for children or vulnerable individuals” and a “special purpose area.”  

An “area for children and vulnerable individuals” is defined as (1) a preschool or prekindergarten facility, or the grounds of the facility; (2) a private primary or secondary school, or the grounds of the school; or (3) a healthcare facility, as specified.  

A “special purpose area” is defined as a location licensed to sell or dispense alcohol or cannabis for on-site consumption, stadium, museum, racetrack, or a video lottery facility, as specified.  

The bill also prohibits a person from wearing, carrying, or transporting a firearm in a “government or public infrastructure area” if the government or public infrastructure area displays a clear and conspicuous sign at the main entrance indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.  

A “government or public infrastructure area” is defined as (1) a building, or any part of a building owned or leased by a unit of State or local government; (2) a building of a public or private institution of higher education, as specified; (3) a location that is currently being used as a polling place or for canvassing, as specified; (4) an electric plant or electric storage facility; (5) a gas plant; or (6) a nuclear power facility.  

Specified individuals, including specified law enforcement officers, correctional officers, and members of the armed services, are exempt from the bill’s prohibitions on wearing, carrying, or transporting a firearm at the listed locations. In addition, the prohibitions do not apply in specified circumstances where the location is being used with the permission of the owner or lessee or for specified purposes related to the use of firearms.  

Finally, the prohibitions do not apply to a firearm stored in a motor vehicle in a locked container. A person who willfully violates a prohibition on wearing, carrying, or transporting a firearm at a listed location is guilty of a misdemeanor and on conviction is subject to maximum penalties of one year imprisonment and/or a $1,000 fine. In addition, the bill prohibits a person wearing, carrying, or transporting a firearm from entering or trespassing in the dwelling of another unless the owner or the owner’s agent has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling.  

A person wearing, carrying, or transporting a firearm also may not enter or trespass onto property (defined as a building, and does not include the land adjacent to a building) unless the owner or the owner’s agent has either posted a clear and conspicuous sign indicating that it is permissible to do so or has given the person express permission. This prohibition does not apply to specified law enforcement officers, correctional officers, members of the armed services, and other people who hold or are subject to an easement or other property interest. A person who willfully violates these prohibitions is guilty of a misdemeanor and on conviction is subject to a maximum penalty of one year imprisonment and/or a $1,000 fine. 

Wearing, Carrying, or Transporting a Handgun  

House Bill 824 increases the maximum incarceration penalty from three years to five years that may be imposed on a violator of the prohibition against wearing, carrying, or transporting a handgun when the person has no prior convictions under Sections 4-203 (wearing, carrying, or transporting a handgun), 4-204 (use of a handgun or antique firearm in the commission of a crime), 4-101 (wearing or carrying dangerous weapons), or 4-102 (deadly weapons on school property) of the Criminal Law Article.  

Storing or Leaving a Loaded Firearm  

Senate Bill 858 modifies and expands the existing prohibition on access to a firearm by an unsupervised child (defined as an individual younger than age 16) by establishing that a person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor (defined under current law as an individual younger than age 18) has access to the firearm. A person who violates the bill’s prohibition is guilty of a misdemeanor and subject to an existing penalty of a $1,000 maximum fine. In addition, the bill requires the Deputy Secretary for Public Health Services to develop a youth suicide prevention and firearm safe storage guide by January 1, 2024. The Maryland Department of Health must post the guide on its website and make an electronic version of the guide available to families, health and social services providers, and other interested entities, as specified. In addition, the department must provide grants to local school systems, local health departments, and nonprofit agencies to support the education of families on the safe storage practices recommended in the guide. For further discussion of bills relating to firearms passed by the General Assembly during the 2023 session, see the subpart “Public Safety” within this part of this 90 Day Report.  

Related Laws Involving Firearms – Permits, etc 

Public Safety and Corrections  

Firearms Permits and Wearing, Carrying, or Transporting 

Following the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), the Appellate Court of Maryland applied Bruen directly to In the Matter of William Rounds, 255 Md. App. 205 (2022), ruling that Maryland’s law requiring an applicant to have a “good and substantial reason” to be issued a permit to wear, carry, or transport a handgun was analogous to New York’s “proper cause” requirement and was unconstitutional.  

On July 5, 2022, then Governor Lawrence J. Hogan, Jr., responded to the ruling by directing the Department of State Police to immediately stop using the “good and substantial reason” requirement when reviewing handgun permit applications. On July 6, 2022, the Office of the Attorney General issued a similar letter advising on the constitutionality and severability of the “good and substantial reason” from the State’s handgun permit statute while affirming that all other requirements for a handgun permit remain in effect.  

These developments coincided with a significant increase in the number of handgun permit applications within the State. According to the Department of State Police, there was a 900% increase in handgun permit applications in Maryland in the months following the Bruen decision.  

With specified exceptions, including that the person has a permit issued by the Secretary of State Police, a person is generally prohibited from wearing, carrying, or transporting a handgun, whether concealed or open, on or about the person. The Secretary may limit the geographic area, circumstances, or times in which a handgun permit is effective. House Bill 824 modifies and expands the requirements and procedures relating to the issuance and renewal of a permit to wear, carry, or transport a handgun. The bill repeals the requirement for an applicant to have a “good and substantial reason” to be issued a handgun permit and instead requires, in addition to existing law, that a person:  

• is at least age 21 (increased from an adult (age 18) under current law) or is a person who is a member of the U.S. Armed Forces, the National Guard, or the uniformed services; 

• is not on supervised probation for a crime punishable by imprisonment for one year or more, a violation of Section 21-902(b) or (c) of the Transportation Article (driving while under the influence or driving while impaired), or violating a protective order under Section 4-509 of the Family Law Article (failure to comply with interim or final protective order);  

• does not suffer from a mental disorder and have a history of violent behavior against the person or another; • has not been involuntarily admitted for more than 30 consecutive days to a facility that provides treatment or other services for mental disorders; and  

• is not a respondent against whom a current non ex parte civil protective order has been entered under Section 4-506 of the Family Law Article, a current extreme risk protective order has been entered under Section 5-601 of the Public Safety Article, or any other type of current court order has been entered prohibiting the person from purchasing or possessing firearms. 

The bill modifies the requirements for a firearms training course approved by the Secretary of State Police to require, for an initial application, a minimum of 16 hours of in-person instruction by a qualified instructor and for renewals, 8 hours of in-person instruction by a qualified instructor. The bill specifies that the training must include classroom instruction on (1) State and federal firearm laws relating to self-defense and the defense of others and property; (2) safe storage of firearms; (3) the circumstances under which an individual becomes prohibited from possessing a firearm and the requirements for surrendering, transferring, or disposing of a firearm after becoming prohibited; (4) the requirements for reporting a loss or theft of a firearm; (5) firearms and accessories that are banned or require a special permit to acquire or possess; (6) the law on straw purchases and armed trespass; and (7) locations in which a person is prohibited from possessing a firearm.  

In addition, the training must include classroom instruction on home firearm safety, handgun mechanisms and operations, conflict de-escalation and resolution, anger management, suicide prevention, and a firearm qualification component that includes live-fire shooting exercise on a firing range and requires the applicant to demonstrate safe handling of a handgun and shooting proficiency with a handgun.  

The Secretary of State Police, in consultation with the Office of the Attorney General and the Maryland Department of Health, must develop, publish, update, and distribute to all certified instructors a curriculum of instruction for the required classroom instruction information.  

The bill increases the maximum fee for (1) an initial application for a handgun permit (from $75 to $125); (2) a renewal or subsequent application for a handgun permit (from $50 to $75); and (3) a duplicate or modified handgun permit (from $10 to $20). In addition, the bill (1) requires, rather than authorizes, the Secretary of State Police to revoke the permit of any individual who no longer meets the required qualifications; (2) requires the Secretary to regularly review information regarding active permit holders to determine whether all permit holders continue to meet qualifications; and (3) requires the Secretary to issue a written notice of any denial or revocation which includes an explanation of the reason for the decision. The bill further requires the Secretary to email summaries of any changes to firearm laws passed by the General Assembly to specified owners of regulated firearms, and to annually report specified information regarding handgun permit applications to the Governor and General Assembly.  

The bill also prohibits the Secretary of State Police from issuing a handgun permit to a person who has been convicted on or after October 1, 2023, of a second or subsequent violation of Section 4-104 of the Criminal Law Article (child access to firearms) or has been convicted on or after October 1, 2023, of a violation of Section 4-104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person.  

The Secretary may not issue a handgun permit to a person who has been convicted on or after October 1, 2023 of a violation of Section 4-104 of the Criminal Law Article for 5 years following the date of the conviction 

Access to Firearms by Minors  

Under current law, a person may not, subject to certain exceptions, store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child (defined as an individual younger than age 16) would gain access to the firearm. A violator is guilty of a misdemeanor and is subject to a maximum fine of $1,000.  

Senate Bill 858 modifies and expands the existing prohibition on access to a firearm by an unsupervised child (defined as an individual younger than age 16) by establishing that a person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor (defined in existing statute as an individual younger than age 18) has access to the firearm.  

A violator is guilty of a misdemeanor, punishable by the existing penalty of a maximum fine of $1,000. In addition, a person may not possess a regulated firearm if the person (1) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4-104 of the Criminal Law Article (access to a firearm by a minor under the bill) or (2) has been convicted on or after October 1, 2023, of a violation of § 4-104 if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person.  

In addition, a person who has been convicted on or after October 1, 2023, of a violation of § 4-104 may not possess a regulated firearm for five years following the date of the conviction.  

Further, the Deputy Secretary for Public Health Services, in consultation with a stakeholder advisory committee, must develop a youth suicide prevention and firearm storage guide, to be posted on the Maryland Department of Health’s website and shared with entities that have an interest in youth suicide prevention or safe storage of firearms. The department must also provide grants to school systems, local health departments, and nonprofits to support the education of families on safe storage practices.  

Firearms Surrendered Under Final Protective Orders  

Chapter 142 of 2022 established the Maryland State Police Gun Center within the Department of State Police as a statewide firearms enforcement center for the tracking, screening, and vetting of all firearms crimes committed in the State.  

Among other duties, the Center must assist the department and other law enforcement agencies with firearm enforcement and firearms violation reduction efforts. Individuals who meet specified relationship requirements with a respondent who is an alleged abuser – including spouses, cohabitants, individuals with a child in common, and individuals alleging specified sexual offenses – may seek relief from the abuse by filing a petition for a domestic violence protective order. If a final protective order is issued, it must order the respondent to surrender any firearms in the respondent’s possession for the duration of the order.  

Senate Bill 185/House Bill 3 expand the Center’s duties to include the tracking, screening, and vetting of all firearms surrendered under final protective orders in the State. The bills require (1) the Center to create and maintain a statewide database to track information on firearms surrendered under final protective orders in the State and (2) each law enforcement agency to report to the Center specified information on firearms surrendered under final protective orders in the agency’s jurisdiction.