Maryland Senate Bill SB396

Maryland 2022 Regular Session

• Introduced: 1/24/22
• Refer: 1/24/22

Caption

Crimes - Firearms - Penalties and Procedures (Violent Firearms Offender Act of 2022)

Impact

The proposed changes in SB 396 impact several existing laws regarding firearms and criminal proceedings. It alters definitions within the public safety and criminal law systems, establishes stricter penalties for the possession and use of firearms by those with prior violent crime convictions, and modifies how pretrial releases are granted to defendants charged with these offenses. By preventing pretrial release for certain offenses, the bill aims to enhance public safety and reduce the risk of repeat offenses by violent offenders.

Summary

Senate Bill 396, known as the Violent Firearms Offender Act of 2022, seeks to strengthen the penalties associated with firearm-related offenses in Maryland. The bill introduces mandatory minimum sentences for individuals convicted of using firearms in the commission of violent crimes, with provisions that expressly disallow parole eligibility for specific timeframes depending on the severity of the offenses. The legislation also expands the authority of the State to appeal certain trial court decisions in firearm cases, thus enhancing the prosecutorial capability in handling firearms offenses.

Contention

Points of contention surrounding SB 396 include concerns from civil liberties advocates who argue that excessive sentencing may not effectively deter crime and could exacerbate issues within an already constrained prison system. Critics also express apprehension that the bill may disproportionately affect marginalized communities and foster systemic inequalities within the justice system. Further discussions around the bill highlight the balance between ensuring public safety and preserving individual rights, leading to a broader dialogue about gun control and violence prevention strategies.