Maryland 2022 Regular Session

Maryland House Bill HB441 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 520
2	1
3		-	– 1 –
4		-	Chapter 520
5		-	(House Bill 441)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0441
8	10
9		-	Criminal Procedure Baltimore City – Pretrial Release of Defendant – Notice
	11	+	HOUSE BILL 441
	12	+	E2 (2lr1972)
	13	+	ENROLLED BILL
	14	+	— Judiciary/Judicial Proceedings —
	15	+	Introduced by Delegate Clippinger
10	16
11		-	FOR the purpose of requiring a court and the Office of the State’s Attorney the Department
12		-	of Public Safety and Correctional Services to notify a certain law enforcement agency
13		-	the Baltimore Police Department if a defendant charged with certain crimes is
14		-	released prior to trial; and generally relating to pretrial release procedures in
15		-	Baltimore City.
	17	+	Read and Examined by Proofreaders:
16	18
17		-	BY adding to
18		-	Article – Criminal Procedure
19		-	Section 5–105
20		-	Annotated Code of Maryland
21		-	(2018 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
22	23
23		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24		-	That the Laws of Maryland read as follows:
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
25	25
26		-	~~Article – Criminal Procedure~~
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
27	27
28		-	5–105.
	28	+	______________________________________________
	29	+	Speaker.
29	30
30		-	~~(A) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S CHARGED WITH :~~
	31	+	CHAPTER ______
31	32
32		-	(1~~) MURDER IN THE FIRST DEGREE;~~
	33	+	AN ACT concerning 1
33	34
34		-	(2~~) MURDER IN THE SECOND DEGREE;~~
	35	+	Criminal Procedure Baltimore City – Pretrial Release of Defendant – Notice 2
35	36
36		-	(3) ATTEMPTED MURDER IN THE FIRST DEGREE ;
	37	+	FOR the purpose of requiring a court and the Office of the State’s Attorney the Department 3
	38	+	of Public Safety and Correctional Services to notify a certain law enforcement agency 4
	39	+	the Baltimore Police Department if a defendant charged with certain crimes is 5
	40	+	released prior to trial; and generally relating to pretrial release procedures in 6
	41	+	Baltimore City. 7
37	42
38		-	(4) ATTEMPTED MURDER IN THE SECOND DEGREE ;
	43	+	BY adding to 8
	44	+	Article – Criminal Procedure 9
	45	+	Section 5–105 10
	46	+	Annotated Code of Maryland 11
	47	+	(2018 Replacement Volume and 2021 Supplement) 12
	48	+	2 HOUSE BILL 441
39	49
40		-	(5) ROBBERY WITH A DANGE ROUS WEAPON ; OR
41	50
42		-	(6) ARMED CARJACKING IN BALTIMORE CITY.
	51	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	52	+	That the Laws of Maryland read as follows: 2
43	53
44		-	(B) IF A DEFENDANT IS REL EASED BEFORE TRIAL , THE COURT AND THE
45		-	OFFICE OF THE STATE’S ATTORNEY DEPARTMENT OF PUBLIC SAFETY AND
46		-	CORRECTIONAL SERVICES SHALL PROVIDE NOTICE WITHIN 48 24 HOURS OF THE
47		-	RELEASE TO THE LAW ENFORCEMENT AGEN CY THAT ARRESTED THE DEFENDANT
48		-	BALTIMORE POLICE DEPARTMENT . Ch. 520 2022 LAWS OF MARYLAND
	54	+	Article – Criminal Procedure 3
49	55
50		-	– ~~2 –~~
	56	+	5–105. 4
51	57
52		-	(C) NOTICE PROVIDED UNDER THIS SECTION SHALL B E PROVIDED IN A
53		-	MANNER THAT ALLOWS T HE SORTING AND FILTERING OF THE INFORMATION
54		-	PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
55		-	SERVICES.
	58	+	(A) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S CHARGED WITH : 5
56	59
57		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
58		-	October 1, 2022.
	60	+	(1) MURDER IN THE FIRST DEGREE; 6
59	61
60		-	Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
	62	+	(2) MURDER IN THE SECOND DEGREE; 7
	63	+
	64	+	(3) ATTEMPTED MURDER IN THE FIRST DEGREE ; 8
	65	+
	66	+	(4) ATTEMPTED MURDER IN THE SECOND DEGREE ; 9
	67	+
	68	+	(5) ROBBERY WITH A DANGE ROUS WEAPON ; OR 10
	69	+
	70	+	(6) ARMED CARJACKING IN BALTIMORE CITY. 11
	71	+
	72	+	(B) IF A DEFENDANT IS REL EASED BEFORE TRIAL , THE COURT AND THE 12
	73	+	OFFICE OF THE STATE’S ATTORNEY DEPARTMENT OF PUBLIC SAFETY AND 13
	74	+	CORRECTIONAL SERVICES SHALL PROVIDE NOTICE WITHIN 48 24 HOURS OF THE 14
	75	+	RELEASE TO THE LAW ENFORCEMENT AGEN CY THAT ARRESTED THE DEFENDANT 15
	76	+	BALTIMORE POLICE DEPARTMENT . 16
	77	+
	78	+	(C) NOTICE PROVIDED UNDER THIS SECTION SHALL B E PROVIDED IN A 17
	79	+	MANNER THAT ALLOWS T HE SORTING AND FILTERING OF THE INFORMATION 18
	80	+	PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 19
	81	+	SERVICES. 20
	82	+
	83	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
	84	+	October 1, 2022. 22
	85	+