EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0339*
SENATE BILL 339
E1 EMERGENCY BILL 2lr1548
SB 852/21 – JPR
By: Senators Hough, Bailey, Carozza, Cassilly, Corderman, Eckardt, Edwards,
Gallion, Hershey, Jennings, Ready, Salling, Simonaire, and West
Introduced and read first time: January 20, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Crimes – Penalties and Procedures 2
(Violent Firearms Offender Act of 2022) 3
FOR the purpose of requiring the Commissioner of Correction to provide an inmate with a 4
reentry kit and assistance in obtaining Medicaid benefits; expanding the types of 5
cases in which the State may appeal from a decision of a trial court; authorizing a 6
court to release a defendant charged with a certain crime on certain terms or 7
conditions or to order the defendant remanded to custody pending a certain appeal; 8
prohibiting a dealer or other person from selling, renting, loaning, or transferring a 9
regulated firearm to a purchaser, lessee, borrower, or transferee if the dealer or other 10
person has actual knowledge that the purchaser, lessee, borrower, or transferee 11
intends to use the regulated firearm for a certain purpose; establishing that a person 12
convicted of a certain offense is not prohibited from participating in certain 13
treatment; requiring a State’s Attorney to provide certain notice to a criminal 14
defendant or the defendant’s counsel; and generally relating to firearms and violent 15
crimes. 16
BY renumbering 17
Article – Public Safety 18
Section 5–134(c) and (d), respectively 19
to be Section 5–134(d) and (e), respectively 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – Correctional Services 24
Section 6–101(a) 25
Annotated Code of Maryland 26
(2017 Replacement Volume and 2021 Supplement) 27
2 SENATE BILL 339
BY repealing and reenacting, with amendments, 1
Article – Correctional Services 2
Section 6–101(m) 3
Annotated Code of Maryland 4
(2017 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Correctional Services 7
Section 9–609.2 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Courts and Judicial Proceedings 12
Section 12–302(c)(4) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Criminal Law 17
Section 4–204, 4–306(b), 4–404, and 14–101(a) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Public Safety 22
Section 5–133(b) 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Public Safety 27
Section 5–134(b) 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2021 Supplement) 30
BY adding to 31
Article – Public Safety 32
Section 5–134(c) 33
Annotated Code of Maryland 34
(2018 Replacement Volume and 2021 Supplement) 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That Section(s) 5–134(c) and (d), respectively, of Article – Public Safety of the Annotated 37
Code of Maryland be renumbered to be Section(s) 5–134(d) and (e), respectively. 38
SENATE BILL 339 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Correctional Services 3
6–101. 4
(a) In this subtitle the following words have the meanings indicated. 5
(m) “Technical violation” means a violation of a condition of probation, parole, or 6
mandatory supervision that does not involve: 7
(1) an arrest or a summons issued by a commissioner on a statement of 8
charges filed by a law enforcement officer; 9
(2) a violation of a criminal prohibition other than a minor traffic offense; 10
(3) a violation of a no–contact or stay–away order; [or] 11
(4) absconding; OR 12
(5) USE OR POSSESSION OF A FIREARM. 13
9–609.2. 14
BEFORE RELEASE OF AN INMATE FROM A STATE CORRECTIONAL FA CILITY, 15
THE COMMISSIONER OF CORRECTION SHALL PROV IDE THE INMATE WITH : 16
(1) A REENTRY KIT, INCLUDING: 17
(I) AT LEAST 1 WEEK OF SUPPLIES FOR BASIC HUMAN NEEDS , 18
INCLUDING TOILETRIES AND CLOTHING ; 19
(II) THE IDENTIFICATION C ARD REQUIRED TO BE I SSUED 20
UNDER § 9–609.1 OF THIS SUBTITLE; 21
(III) 1. CONTACT INFORMATION FOR EN TITIES THAT 22
SPECIALIZE IN PROVID ING REENTRY SERVICES , HOUSING ASSISTANCE , SUBSTANCE 23
USE DISORDER TREATME NT, AND MENTAL HEALTH SE RVICES; AND 24
2. IF THE INMATE IS NOT ELIGIBLE FOR MEDICAID 25
BENEFITS, CONTACT INFORMATION FOR THE MARYLAND HEALTH BENEFIT 26
EXCHANGE; AND 27
4 SENATE BILL 339
(IV) PUBLIC TRANSPORTATIO N INFORMATION , INCLUDING 1
LOCAL PUBLIC TRANSPO RTATION SCHEDULES AN D MAPS; AND 2
(2) IF THE INMATE IS ELI GIBLE FOR MEDICAID BENEFITS , 3
ASSISTANCE IN OBTAIN ING MEDICAID BENEFITS . 4
Article – Courts and Judicial Proceedings 5
12–302. 6
(c) (4) (i) [In a case involving] THIS PARAGRAPH APPLIE S IN A CASE: 7
1. INVOLVING a crime of violence as defined in § 14–101 of 8
the Criminal Law Article[, and in cases under]; 9
2. UNDER §§ 5–602 through 5–609 and §§ 5–612 through 10
5–614 of the Criminal Law Article[,]; 11
3. UNDER §§ 5–621 AND 5–622 OF THE CRIMINAL LAW 12
ARTICLE; OR 13
4. UNDER §§ 5–133, 5–133.1, 5–134, 5–136, 5–138, 14
5–140, 5–141, 5–142, 5–205, AND 5–206 OF THE PUBLIC SAFETY ARTICLE. 15
(II) FOR CASES LISTED IN S UBPARAGRAPH (I) OF THIS 16
PARAGRAPH , the State may appeal from a decision of a trial court that excludes evidence 17
offered by the State or requires the return of property alleged to have been seized in 18
violation of the Constitution of the United States, the Maryland Constitution, or the 19
Maryland Declaration of Rights. 20
[(ii)] (III) The appeal shall be made before jeopardy attaches to the 21
defendant. However, in all cases the appeal shall be taken no more than 15 days after the 22
decision has been rendered and shall be diligently prosecuted. 23
[(iii)] (IV) Before taking the appeal, the State shall certify to the 24
court that the appeal is not taken for purposes of delay and that the evidence excluded or 25
the property required to be returned is substantial proof of a material fact in the proceeding. 26
The appeal shall be heard and the decision rendered within 120 days of the time that the 27
record on appeal is filed in the appellate court. Otherwise, the decision of the trial court 28
shall be final. 29
[(iv)] (V) Except in a homicide case, if the State appeals on the basis 30
of this paragraph, and if on final appeal the decision of the trial court is affirmed, the 31
charges against the defendant shall be dismissed in the case from which the appeal was 32 SENATE BILL 339 5
taken. In that case, the State may not prosecute the defendant on those specific charges or 1
on any other related charges arising out of the same incident. 2
[(v)] (VI) 1. Except as provided in subsubparagraph 2 of this 3
subparagraph, pending the prosecution and determination of an appeal taken under this 4
paragraph or paragraph (2) of this subsection, the defendant shall be released on personal 5
recognizance bail. If the defendant fails to appear as required by the terms of the 6
recognizance bail, the trial court shall subject the defendant to the penalties provided in § 7
5–211 of the Criminal Procedure Article. 8
2. A. Pending the prosecution and determination of an 9
appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which 10
the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal 11
Law Article, OR A FIREARM–RELATED CRIME LISTED IN SUBPARAGRAPH (I)3 OR 4 OF 12
THIS PARAGRAPH , the court may release the defendant on any terms and conditions that 13
the court considers appropriate or may order the defendant remanded to custody pending 14
the outcome of the appeal. 15
B. The determination and enforcement of any terms and 16
conditions of release shall be in accordance with the provisions of Title 5 of the Criminal 17
Procedure Article. 18
[(vi)] (VII) If the State loses the appeal, the jurisdiction shall pay all 19
the costs related to the appeal, including reasonable attorney’s fees incurred by the 20
defendant as a result of the appeal. 21
Article – Criminal Law 22
4–204. 23
(a) (1) [In this section, “firearm”] IN THIS SECTION THE F OLLOWING 24
WORDS HAVE THE MEANI NGS INDICATED . 25
(2) (I) “FIREARM” means: 26
[(i)] 1. a weapon that expels, is designed to expel, or may readily 27
be converted to expel a projectile by the action of an explosive; or 28
[(ii)] 2. the frame or receiver of such a weapon. 29
[(2)] (II) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 30
short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 31
loaded or unloaded. 32
(3) “USE A FIREARM” DOES NOT INCLUDE THE MERE POSSESSION OF 33
A FIREARM. 34 6 SENATE BILL 339
(b) A person may not use a firearm in the commission of a crime of violence, as 1
defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 2
operable or inoperable at the time of the crime. 3
(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 4
FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 5
shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 6
(ii) The court may not impose less than the minimum sentence of 5 7
years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the 8
person is not eligible for parole in less than 5 years. 9
(2) For each subsequent violation, the sentence shall be consecutive to and 10
not concurrent with any other sentence imposed for the crime of violence or felony. 11
4–306. 12
(b) (1) IN THIS SUBSECTION , “USES” DOES NOT INCLUDE MER E 13
POSSESSION. 14
(2) A person who uses an assault weapon, a rapid fire trigger activator, or 15
a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 16
of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 17
of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 18
for the felony or crime of violence, shall be sentenced under this subsection. 19
[(2)] (3) (i) For a first violation, the person shall be sentenced to 20
imprisonment for not less than 5 years and not exceeding 20 years. 21
(ii) The court may not impose less than the minimum sentence of 5 22
years. 23
(iii) The mandatory minimum sentence of 5 years may not be 24
suspended. 25
(iv) Except as otherwise provided in § 4–305 of the Correctional 26
Services Article, the person is not eligible for parole in less than 5 years. 27
[(3)] (4) (i) For each subsequent violation, the person shall be 28
sentenced to imprisonment for not less than 10 years and not exceeding 20 years. 29
(ii) The court may not impose less than the minimum sentence of 10 30
years. 31
SENATE BILL 339 7
(iii) A sentence imposed under this paragraph shall be consecutive to 1
and not concurrent with any other sentence imposed for the felony or crime of violence. 2
4–404. 3
(a) A person may not use or possess a machine gun in the commission or 4
attempted commission of a FELONY OR crime of violence. 5
(b) A person who violates this section is guilty of a felony and on conviction is 6
subject to imprisonment not exceeding 20 years. 7
14–101. 8
(a) In this section, “crime of violence” means: 9
(1) abduction; 10
(2) arson in the first degree; 11
(3) kidnapping; 12
(4) manslaughter, except involuntary manslaughter; 13
(5) mayhem; 14
(6) maiming, as previously proscribed under former Article 27, §§ 385 and 15
386 of the Code; 16
(7) murder; 17
(8) rape; 18
(9) robbery under § 3–402 or § 3–403 of this article; 19
(10) carjacking; 20
(11) armed carjacking; 21
(12) sexual offense in the first degree; 22
(13) sexual offense in the second degree; 23
(14) use of a firearm in the commission of a felony [except possession with 24
intent to distribute a controlled dangerous substance under § 5–602(2) of this article,] or 25
other crime of violence; 26
(15) child abuse in the first degree under § 3–601 of this article; 27 8 SENATE BILL 339
(16) sexual abuse of a minor under § 3–602 of this article if: 1
(i) the victim is under the age of 13 years and the offender is an 2
adult at the time of the offense; and 3
(ii) the offense involved: 4
1. vaginal intercourse, as defined in § 3–301 of this article; 5
2. a sexual act, as defined in § 3–301 of this article; 6
3. an act in which a part of the offender’s body penetrates, 7
however slightly, into the victim’s genital opening or anus; or 8
4. the intentional touching of the victim’s or the offender’s 9
genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 10
(17) home invasion under § 6–202(b) of this article; 11
(18) a felony offense under Title 3, Subtitle 11 of this article; 12
(19) an attempt to commit any of the crimes described in items (1) through 13
(18) of this subsection; 14
(20) continuing course of conduct with a child under § 3–315 of this article; 15
(21) assault in the first degree; 16
(22) assault with intent to murder; 17
(23) assault with intent to rape; 18
(24) assault with intent to rob; 19
(25) assault with intent to commit a sexual offense in the first degree; and 20
(26) assault with intent to commit a sexual offense in the second degree. 21
Article – Public Safety 22
5–133. 23
(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 24
regulated firearm if the person: 25
[(1)] (I) has been convicted of a disqualifying crime; 26 SENATE BILL 339 9
[(2)] (II) has been convicted of a violation classified as a common law 1
crime and received a term of imprisonment of more than 2 years; 2
[(3)] (III) is a fugitive from justice; 3
[(4)] (IV) is a habitual drunkard; 4
[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 5
user; 6
[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 7
Health – General Article and has a history of violent behavior against the person or 8
another; 9
[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 10
Criminal Procedure Article; 11
[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 12
Criminal Procedure Article; 13
[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 14
to a facility as defined in § 10–101 of the Health – General Article; 15
[(10)] (X) has been involuntarily committed to a facility as defined in § 16
10–101 of the Health – General Article; 17
[(11)] (XI) is under the protection of a guardian appointed by a court under 18
§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 19
appointment of a guardian is solely a result of a physical disability; 20
[(12)] (XII) except as provided in subsection (e) of this section, is a 21
respondent against whom: 22
[(i)] 1. a current non ex parte civil protective order has been 23
entered under § 4–506 of the Family Law Article; or 24
[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 25
Family Law Article, has been issued by a court of another state or a Native American tribe 26
and is in effect; or 27
[(13)] (XIII) if under the age of 30 years at the time of possession, has been 28
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 29
committed by an adult. 30
10 SENATE BILL 339
(2) (I) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 1
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 2
1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 3
SUBPARAGRAPH , IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT 4
EXCEEDING $10,000 OR BOTH; AND 5
2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 6
FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT EXC EEDING 10 7
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 8
(II) EACH VIOLATION OF THIS SUBSECTION I S A SEPARATE 9
CRIME. 10
(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 11
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 12
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 13
SENTENCE. 14
(3) THE COURT MAY NOT IMPOSE T HE PENALTIES UNDER 15
PARAGRAPH (2)(I)2 OF THIS SUBSECTION U NLESS THE STATE’S ATTORNEY SERVES 16
NOTICE ON THE DEFEND ANT OR THE DEFENDANT ’S COUNSEL BEFORE THE 17
ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CO NTENDERE OR AT LEAST 15 DAYS 18
BEFORE TRIAL THAT: 19
(I) THE STATE WILL SEEK THE P ENALTIES UNDER PARAG RAPH 20
(2)(I)2 OF THIS SUBSECTION ; AND 21
(II) LISTS THE ALLEGED PR IOR CONVICTIONS . 22
5–134. 23
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 24
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 25
or has reasonable cause to believe: 26
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 27
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 28
(2) has been convicted of a disqualifying crime; 29
(3) has been convicted of a conspiracy to commit a felony; 30
(4) has been convicted of a violation classified as a common law crime and 31
received a term of imprisonment of more than 2 years; 32 SENATE BILL 339 11
(5) is a fugitive from justice; 1
(6) is a habitual drunkard; 2
(7) is addicted to a controlled dangerous substance or is a habitual user; 3
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 4
– General Article, and has a history of violent behavior against the purchaser, lessee, 5
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 6
possesses a physician’s certificate that the recipient is capable of possessing a regulated 7
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 8
another; 9
(9) has been confined for more than 30 consecutive days to a facility as 10
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 11
or transferee possesses a physician’s certificate that the recipient is capable of possessing 12
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 13
or to another; 14
(10) is a respondent against whom a current non ex parte civil protective 15
order has been entered under § 4–506 of the Family Law Article; 16
(11) if under the age of 30 years at the time of the transaction, has been 17
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 18
committed by an adult; 19
(12) is visibly under the influence of alcohol or drugs; 20
(13) is a participant in a straw purchase; 21
(14) subject to subsection (c) of this section for a transaction under this 22
subsection that is made on or after January 1, 2002, has not completed a certified firearms 23
safety training course conducted free of charge by the Police Training and Standards 24
Commission or that meets standards established by the Police Training and Standards 25
Commission under § 3–207 of this article; or 26
(15) intends to use the regulated firearm to: 27
(i) commit a crime; or 28
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 29
another person. 30
(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 31
TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 32
TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 33 12 SENATE BILL 339
THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE INTEND S TO USE THE 1
REGULATED FIREARM TO : 2
(I) COMMIT A CRIME ; OR 3
(II) CAUSE HARM TO THE PURCHASER , LESSEE, TRANSFEREE , 4
OR RECIPIENT OR ANOT HER PERSON. 5
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 6
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 7
YEARS. 8
(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME. 9
(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 10
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 11
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 12
SENTENCE. 13
(5) A DEFENDANT CHARGED WI TH VIOLATING THIS SUBSECTION 14
SHALL ALSO BE CHARGE D WITH VIOLATING SUB SECTION (B) OF THIS SECTION. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
measure, is necessary for the immediate preservation of the public health or safety, has 17
been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
each of the two Houses of the General Assembly, and shall take effect from the date it is 19
enacted. 20