EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0484*
SENATE BILL 484
E2 2lr1654
By: Senator Cassilly
Introduced and read first time: January 27, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Right of Appeal – Unlawful Possession of a Firearm 2
FOR the purpose of authorizing the State, in a criminal case involving the unlawful 3
possession of firearms, under certain circumstances, to appeal from a decision of a 4
trial court that excludes evidence offered by the State or requires the return of 5
certain property; and generally relating to a right of appeal and firearms. 6
BY repealing and reenacting, with amendments, 7
Article – Courts and Judicial Proceedings 8
Section 12–302(c) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Courts and Judicial Proceedings 14
12–302. 15
(c) (1) In a criminal case, the State may appeal as provided in this subsection. 16
(2) The State may appeal from a final judgment granting a motion to 17
dismiss or quashing or dismissing any indictment, information, presentment, or 18
inquisition. 19
(3) The State may appeal from a final judgment if the State alleges that 20
the trial judge: 21
(i) Failed to impose the sentence specifically mandated by the Code; 22
or 23 2 SENATE BILL 484
(ii) Imposed or modified a sentence in violation of the Maryland 1
Rules. 2
(4) (i) In a case involving a crime of violence as defined in § 14–101 of 3
the Criminal Law Article, [and] in cases under §§ 5–602 through 5–609 and §§ 5–612 4
through 5–614 of the Criminal Law Article, AND IN CASES INVOLVI NG A VIOLATION OF 5
§ 5–133, § 5–205, OR § 5–206 OF THE PUBLIC SAFETY ARTICLE, the State may appeal 6
from a decision of a trial court that excludes evidence offered by the State or requires the 7
return of property alleged to have been seized in violation of the Constitution of the United 8
States, the Maryland Constitution, or the Maryland Declaration of Rights. 9
(ii) The appeal shall be made before jeopardy attaches to the 10
defendant. However, in all cases the appeal shall be taken no more than 15 days after the 11
decision has been rendered and shall be diligently prosecuted. 12
(iii) Before taking the appeal, the State shall certify to the court that 13
the appeal is not taken for purposes of delay and that the evidence excluded or the property 14
required to be returned is substantial proof of a material fact in the proceeding. The appeal 15
shall be heard and the decision rendered within 120 days of the time that the record on 16
appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final. 17
(iv) Except in a homicide case, if the State appeals on the basis of this 18
paragraph, and if on final appeal the decision of the trial court is affirmed, the charges 19
against the defendant shall be dismissed in the case from which the appeal was taken. In 20
that case, the State may not prosecute the defendant on those specific charges or on any 21
other related charges arising out of the same incident. 22
(v) 1. Except as provided in subsubparagraph 2 of this 23
subparagraph, pending the prosecution and determination of an appeal taken under this 24
paragraph or paragraph (2) of this subsection, the defendant shall be released on personal 25
recognizance bail. If the defendant fails to appear as required by the terms of the 26
recognizance bail, the trial court shall subject the defendant to the penalties provided in § 27
5–211 of the Criminal Procedure Article. 28
2. A. Pending the prosecution and determination of an 29
appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which 30
the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal 31
Law Article, the court may release the defendant on any terms and conditions that the 32
court considers appropriate or may order the defendant remanded to custody pending the 33
outcome of the appeal. 34
B. The determination and enforcement of any terms and 35
conditions of release shall be in accordance with the provisions of Title 5 of the Criminal 36
Procedure Article. 37
SENATE BILL 484 3
(vi) If the State loses the appeal, the jurisdiction shall pay all the 1
costs related to the appeal, including reasonable attorney’s fees incurred by the defendant 2
as a result of the appeal. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. 5