EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0533*
SENATE BILL 533
E1 2lr0483
SB 560/21 – JPR
By: Senators Ready, Bailey, Cassilly, Corderman, Eckardt, Edwards, Gallion,
Hershey, Hough, Jennings, Salling, Simonaire, West, and Young
Introduced and read first time: January 28, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Theft of a Handgun 2
FOR the purpose of establishing the felony of theft of a handgun; and generally relating to 3
theft of a handgun. 4
BY repealing and reenacting, with amendments, 5
Article – Criminal Law 6
Section 7–104 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Criminal Law 12
7–104. 13
(a) A person may not willfully or knowingly obtain or exert unauthorized control 14
over property, if the person: 15
(1) intends to deprive the owner of the property; 16
(2) willfully or knowingly uses, conceals, or abandons the property in a 17
manner that deprives the owner of the property; or 18
(3) uses, conceals, or abandons the property knowing the use, concealment, 19
or abandonment probably will deprive the owner of the property. 20
(b) A person may not obtain control over property by willfully or knowingly using 21 2 SENATE BILL 533
deception, if the person: 1
(1) intends to deprive the owner of the property; 2
(2) willfully or knowingly uses, conceals, or abandons the property in a 3
manner that deprives the owner of the property; or 4
(3) uses, conceals, or abandons the property knowing the use, concealment, 5
or abandonment probably will deprive the owner of the property. 6
(c) (1) A person may not possess stolen personal property knowing that it has 7
been stolen, or believing that it probably has been stolen, if the person: 8
(i) intends to deprive the owner of the property; 9
(ii) willfully or knowingly uses, conceals, or abandons the property 10
in a manner that deprives the owner of the property; or 11
(iii) uses, conceals, or abandons the property knowing that the use, 12
concealment, or abandonment probably will deprive the owner of the property. 13
(2) In the case of a person in the business of buying or selling goods, the 14
knowledge required under this subsection may be inferred if: 15
(i) the person possesses or exerts control over property stolen from 16
more than one person on separate occasions; 17
(ii) during the year preceding the criminal possession charged, the 18
person has acquired stolen property in a separate transaction; or 19
(iii) being in the business of buying or selling property of the sort 20
possessed, the person acquired it for a consideration that the person knew was far below a 21
reasonable value. 22
(3) In a prosecution for theft by possession of stolen property under this 23
subsection, it is not a defense that: 24
(i) the person who stole the property has not been convicted, 25
apprehended, or identified; 26
(ii) the defendant stole or participated in the stealing of the property; 27
(iii) the property was provided by law enforcement as part of an 28
investigation, if the property was described to the defendant as being obtained through the 29
commission of theft; or 30
(iv) the stealing of the property did not occur in the State. 31 SENATE BILL 533 3
(4) Unless the person who criminally possesses stolen property 1
participated in the stealing, the person who criminally possesses stolen property and a 2
person who has stolen the property are not accomplices in theft for the purpose of any rule 3
of evidence requiring corroboration of the testimony of an accomplice. 4
(d) A person may not obtain control over property knowing that the property was 5
lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature 6
or amount of the property, if the person: 7
(1) knows or learns the identity of the owner or knows, is aware of, or 8
learns of a reasonable method of identifying the owner; 9
(2) fails to take reasonable measures to restore the property to the owner; 10
and 11
(3) intends to deprive the owner permanently of the use or benefit of the 12
property when the person obtains the property or at a later time. 13
(e) A person may not obtain the services of another that are available only for 14
compensation: 15
(1) by deception; or 16
(2) with knowledge that the services are provided without the consent of 17
the person providing them. 18
(f) Under this section, an offender’s intention or knowledge that a promise would 19
not be performed may not be established by or inferred solely from the fact that the promise 20
was not performed. 21
(g) (1) THIS SUBSECTION DOES NOT APPLY TO THEFT O F A HANDGUN, AS 22
DEFINED IN § 5–101 OF THE PUBLIC SAFETY ARTICLE. 23
(2) A person convicted of theft of property or services with a value of: 24
(i) at least $1,500 but less than $25,000 is guilty of a felony and: 25
1. is subject to imprisonment not exceeding 5 years or a fine 26
not exceeding $10,000 or both; and 27
2. shall restore the property taken to the owner or pay the 28
owner the value of the property or services; 29
(ii) at least $25,000 but less than $100,000 is guilty of a felony and: 30
1. is subject to imprisonment not exceeding 10 years or a fine 31 4 SENATE BILL 533
not exceeding $15,000 or both; and 1
2. shall restore the property taken to the owner or pay the 2
owner the value of the property or services; or 3
(iii) $100,000 or more is guilty of a felony and: 4
1. is subject to imprisonment not exceeding 20 years or a fine 5
not exceeding $25,000 or both; and 6
2. shall restore the property taken to the owner or pay the 7
owner the value of the property or services. 8
[(2)] (3) Except as provided in paragraph [(3)] (4) of this subsection, a 9
person convicted of theft of property or services with a value of at least $100 but less than 10
$1,500, is guilty of a misdemeanor and: 11
(i) is subject to: 12
1. for a first conviction, imprisonment not exceeding 6 13
months or a fine not exceeding $500 or both; and 14
2. for a second or subsequent conviction, imprisonment not 15
exceeding 1 year or a fine not exceeding $500 or both; and 16
(ii) shall restore the property taken to the owner or pay the owner 17
the value of the property or services. 18
[(3)] (4) A person convicted of theft of property or services with a value of 19
less than $100 is guilty of a misdemeanor and: 20
(i) is subject to imprisonment not exceeding 90 days or a fine not 21
exceeding $500 or both; and 22
(ii) shall restore the property taken to the owner or pay the owner 23
the value of the property or services. 24
[(4)] (5) Subject to paragraph [(5)] (6) of this subsection, a person who 25
has four or more prior convictions under this subtitle and who is convicted of theft of 26
property or services with a value of less than $1,500 under paragraph [(2)] (3) of this 27
subsection is guilty of a misdemeanor and: 28
(i) is subject to imprisonment not exceeding 5 years or a fine not 29
exceeding $5,000 or both; and 30
(ii) shall restore the property taken to the owner or pay the owner 31
the value of the property or services. 32 SENATE BILL 533 5
[(5)] (6) The court may not impose the penalties under paragraph [(4)] 1
(5) of this subsection unless the State’s Attorney serves notice on the defendant or the 2
defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 3
15 days before trial that: 4
(i) the State will seek the penalties under paragraph [(4)] (5) of this 5
subsection; and 6
(ii) lists the alleged prior convictions. 7
(H) (1) A PERSON CONVICTED OF THEFT OF A HANDGUN , AS DEFINED IN 8
§ 5–101 OF THE PUBLIC SAFETY ARTICLE, IS GUILTY OF A FELON Y AND IS SUBJECT 9
TO: 10
(I) FOR A FIRST CONVICTI ON, IMPRISONMENT FOR NOT LESS 11
THAN 2 YEARS AND NOT EXCEED ING 5 YEARS OR A FINE NOT EXCEEDING $1,000 OR 12
BOTH; AND 13
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 14
IMPRISONMENT FOR NOT LESS THAN 5 YEARS AND NOT EXCEED ING 10 YEARS OR A 15
FINE NOT EXCEEDING $2,500 OR BOTH. 16
(2) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT MAY 17
NOT IMPOSE LESS THAN THE MANDATORY MINIMU M SENTENCE OF : 18
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 19
(II) FOR A SECOND OR SUBS EQUENT CONVIC TION, 5 YEARS. 20
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 21
MINIMUM SENTENCE OF : 22
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 23
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 24
(4) A SENTENCE IMPOSED UND ER PARAGRAPH (1) OF THIS 25
SUBSECTION SHALL BE SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE FOR 26
ANY OTHER OFFENSE . 27
[(h)] (I) (1) If a person is convicted of a violation under this section for failure 28
to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall: 29
6 SENATE BILL 533
(i) notify the person that the person’s driver’s license may be 1
suspended under § 16–206.1 of the Transportation Article; and 2
(ii) notify the Motor Vehicle Administration of the violation. 3
(2) The Chief Judge of the District Court and the Administrative Office of 4
the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform 5
procedures for reporting a violation under this subsection. 6
[(i)] (J) An action or prosecution for a violation of subsection [(g)(2) or (3)] 7
(G)(3) OR (4) of this section shall be commenced within 2 years after the commission of 8
the crime. 9
[(j)] (K) A person who violates this section by use of an interactive computer 10
service may be prosecuted, indicted, tried, and convicted in any county in which the victim 11
resides or the electronic communication originated or terminated. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2022. 14