Maryland 2022 Regular Session

Maryland Senate Bill SB586 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 521
2	1
3		-	– 1 –
4		-	Chapter 521
5		-	(Senate Bill 586)
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	+	sb0586
8	10
9		-	Criminal Procedure – Pretrial Release of Defendant – Notice and Public Safety –
10		-	Courts and Criminal Justice in Baltimore City
	11	+	SENATE BILL 586
	12	+	E2 (2lr1162)
	13	+	ENROLLED BILL
	14	+	— Judicial Proceedings/Judiciary —
	15	+	Introduced by Senators McCray, Washington, Hayes, and Ferguson
11	16
12		-	FOR the purpose of requiring a court and the Office of the State’s Attorney the Department
13		-	of Public Safety and Correctional Services to notify a certain law enforcement agency
14		-	the Baltimore Police Department if a defendant charged with certain crimes is
15		-	released prior to trial; and generally relating to pretrial release procedures
16		-	establishing the Jobs Court Pilot Program in the District Court sitting in Baltimore
17		-	City; requiring the Administrative Office of the Courts to take certain actions
18		-	including providing a certain report, in consultation with the Baltimore Workforce
19		-	Development Board, to the Governor and the General Assembly on or before a certain
20		-	date; requiring the Baltimore Police Department to report certain information to the
21		-	Baltimore City Delegation to the General Assembly regarding firearms destroyed,
22		-	seized, or recovered by the Department during a certain year; providing for a certain
23		-	penalty for noncompliance; and generally relating to Courts and Criminal Justice in
24		-	Baltimore City.
	17	+	Read and Examined by Proofreaders:
25	18
26		-	BY adding to
27		-	Article – Criminal Procedure
28		-	Section 5–105 and 6–236
29		-	Annotated Code of Maryland
30		-	(2018 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
31	23
32		-	BY repealing and reenacting, with amendments,
33		-	Article – Criminal Procedure
34		-	Section 11–104(f)(4)
35		-	Annotated Code of Maryland
36		-	(2018 Replacement Volume and 2021 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
37	25
38		-	BY adding to
39		-	Article – Public Safety
40		-	Section 3–501.1
41		-	Annotated Code of Maryland
42		-	(2018 Replacement Volume and 2021 Supplement)
	26	+	_______ day of _______________ at _ _______________________ o’clock, ________M.
43	27
44		-	~~SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,~~
45		-	~~That the Laws of Maryland read as follows:~~
	28	+	______________________________________________
	29	+	President.
46	30
47		-	~~Article – Criminal Procedure~~
	31	+	CHAPTER ______
48	32
49		-	~~5–105. Ch.~~ ~~521 2022 LAWS OF MARYLAND~~
	33	+	AN ACT concerning 1
50	34
51		-	– 2 –
	35	+	Criminal Procedure – Pretrial Release of Defendant – Notice and Public Safety – 2
	36	+	Courts and Criminal Justice in Baltimore City 3
52	37
53		-	(A) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S CHARGED WITH :
	38	+	FOR the purpose of requiring a court and the Office of the State’s Attorney the Department 4
	39	+	of Public Safety and Correctional Services to notify a certain law enforcement agency 5
	40	+	the Baltimore Police Department if a defendant charged with certain crimes is 6
	41	+	released prior to trial; and generally relating to pretrial release procedures 7
	42	+	establishing the Jobs Court Pilot Program in the District Court sitting in Baltimore 8
	43	+	City; requiring the Administrative Office of the Courts to take certain actions 9
	44	+	including providing a certain report, in consultation with the Baltimore Workforce 10
	45	+	Development Board, to the Governor and the General Assembly on or before a certain 11
	46	+	date; requiring the Baltimore Police Department to report certain information to the 12
	47	+	Baltimore City Delegation to the General Assembly regarding firearms destroyed, 13
	48	+	seized, or recovered by the Department during a certain year; providing for a certain 14 2 SENATE BILL 586
54	49
55		-	(1) MURDER IN THE FIRST DEGREE;
56	50
57		-	(2) MURDER IN THE SECOND DEGREE;
	51	+	penalty for noncompliance; and generally relating to Courts and Criminal Justice in 1
	52	+	Baltimore City. 2
58	53
59		-	(3) ATTEMPTED MURDER IN THE FIRST DEGREE;
	54	+	BY adding to 3
	55	+	Article – Criminal Procedure 4
	56	+	Section 5–105 and 6–236 5
	57	+	Annotated Code of Maryland 6
	58	+	(2018 Replacement Volume and 2021 Supplement) 7
60	59
61		-	(4) ATTEMPTED MURDER IN THE SECOND DEGREE ;
	60	+	BY repealing and reenacting, with amendments, 8
	61	+	Article – Criminal Procedure 9
	62	+	Section 11–104(f)(4) 10
	63	+	Annotated Code of Maryland 11
	64	+	(2018 Replacement Volume and 2021 Supplement) 12
62	65
63		-	(5) ROBBERY WITH A DANGE ROUS WEAPON ; OR
	66	+	BY adding to 13
	67	+	Article – Public Safety 14
	68	+	Section 3–501.1 15
	69	+	Annotated Code of Maryland 16
	70	+	(2018 Replacement Volume and 2021 Supplement) 17
64	71
65		-	(6) ARMED CARJACKING IN BALTIMORE CITY.
	72	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
	73	+	That the Laws of Maryland read as follows: 19
66	74
67		-	(B) IF A DEFENDANT IS REL EASED BEFORE TRIAL , THE COURT AND THE
68		-	OFFICE OF THE STATE’S ATTORNEY DEPARTMENT OF PUBLIC SAFETY AND
69		-	CORRECTIONAL SERVICES SHALL PROVIDE NOTICE WITHIN 48 24 HOURS OF THE
70		-	RELEASE TO THE LAW ENFORCEMENT AGEN CY THAT ARRESTED THE DEFENDANT
71		-	BALTIMORE POLICE DEPARTMENT .
	75	+	Article – Criminal Procedure 20
72	76
73		-	(C) NOTICE PROVIDED UNDER THIS SECTION SHALL B E PROVIDED IN A
74		-	MANNER THAT ALLO WS THE SORTING AND F ILTERING OF THE INFO RMATION
75		-	PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
76		-	SERVICES.
	77	+	5–105. 21
77	78
78		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
79		-	as follows:
	79	+	(A) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S CHARGED WITH : 22
80	80
81		-	~~Article – Criminal Procedure~~
	81	+	(1) MURDER IN THE FIRST DEGREE; 23
82	82
83		-	~~6–236.~~
	83	+	(2) MURDER IN THE SECOND DEGREE; 24
84	84
85		-	(A) THERE IS A JOBS COURT PILOT PROGRAM IN THE DISTRICT COURT
86		-	SITTING IN BALTIMORE CITY.
	85	+	(3) ATTEMPTED MURDER IN THE FIRST DEGREE; 25
87	86
88		-	(B) THE PURPOSE OF THE PI LOT PROGRAM IS TO RE DUCE RECIDIVISM BY
89		-	OFFERING DEFENDANTS AN OPPORTUNITY TO PA RTICIPATE IN FULL –TIME JOB
90		-	TRAINING AND JOB PLA CEMENT PROGRAMS AS A CONDITION OF PROBATION , AN
91		-	ALTERNATIVE TO INCAR CERATION, OR A CONDITION OF PR ETRIAL RELEASE .
	87	+	(4) ATTEMPTED MURDER IN THE SECOND DEGREE ; 26
92	88
93		-	(C) TO ACCOMPLISH THE PUR POSE OF THE PILOT PR OGRAM, THE
94		-	ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP A PLAN TO IMPLEMENT
95		-	AND MONITOR THE PILOT PROGRAM . LAWRENCE J. HOGAN, JR., Governor Ch. 521
	89	+	(5) ROBBERY WITH A DANGE ROUS WEAPON ; OR 27
96	90
97		-	~~– 3 –~~
	91	+	(6) ARMED CARJACKING IN BALTIMORE CITY. 28
98	92
99		-	(D) ON OR BEFORE JUNE 30, 2027, THE ADMINISTRATIVE OFFICE OF THE
100		-	COURTS, IN CONSULTATION WITH THE BALTIMORE WORKFORCE DEVELOPMENT
101		-	BOARD, SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257
102		-	OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE
103		-	OPERATION AND RESULTS O F THE PILOT PROGRAM .
	93	+	(B) IF A DEFENDANT IS REL EASED BEFORE TRIAL , THE COURT AND THE 29
	94	+	OFFICE OF THE STATE’S ATTORNEY DEPARTMENT OF PUBLIC SAFETY AND 30
	95	+	CORRECTIONAL SERVICES SHALL PROVIDE NOTICE WITHIN 48 24 HOURS OF THE 31 SENATE BILL 586 3
104	96
105		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
106		-	as follows:
107	97
108		-	Article – Public Safety
	98	+	RELEASE TO THE LAW ENFORCEMENT AGEN CY THAT ARRESTED THE DEFENDANT 1
	99	+	BALTIMORE POLICE DEPARTMENT . 2
109	100
110		-	3–501.1.
	101	+	(C) NOTICE PROVIDED UNDER THIS SECTION SHALL B E PROVIDED I N A 3
	102	+	MANNER THAT ALLOWS T HE SORTING AND FILTE RING OF THE INFORMAT ION 4
	103	+	PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 5
	104	+	SERVICES. 6
111	105
112		-	(A) (1) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING MARCH 1, 2023,
113		-	THE BALTIMORE POLICE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN
114		-	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
115		-	ASSEMBLY REGARDING TH E FIREARMS DESTROYED , SEIZED, OR RECOVE RED BY
116		-	THE BALTIMORE POLICE DEPARTMENT DURING THE PRECEDING CALENDAR Y EAR.
	106	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
	107	+	as follows: 8
117	108
118		-	(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS
119		-	SUBSECTION SHALL ADD RESS:
	109	+	Article – Criminal Procedure 9
120	110
121		-	(I) THE NUMBER OF FIREAR MS DESTROYED , SEIZED, OR
122		-	RECOVERED DURING THE REPORTING PERIOD ;
	111	+	6–236. 10
123	112
124		-	(II) THE MANUFACTURER AND TYPE OF EACH FIREARM , TO THE
125		-	EXTENT KNOWN , INCLUDING WHETHER IT IS A HANDGUN, RIFLE, MACHINE GUN , OR
126		-	SHOTGUN;
	113	+	(A) THERE IS A JOBS COURT PILOT PROGRAM IN THE DISTRICT COURT 11
	114	+	SITTING IN BALTIMORE CITY. 12
127	115
128		-	(III) WHETHER EACH FIREARM HAD A SERIAL NUMBER ;
	116	+	(B) THE PURPOSE OF THE PI LOT PROGRAM IS TO RE DUCE RECIDIVISM BY 13
	117	+	OFFERING DEFENDANTS AN OPPORTUNITY TO PA RTICIPATE IN FULL –TIME JOB 14
	118	+	TRAINING AND JOB PLA CEMENT PROGRAMS AS A COND ITION OF PROBATION , AN 15
	119	+	ALTERNATIVE TO INCAR CERATION, OR A CONDITION OF PR ETRIAL RELEASE . 16
129	120
130		-	(IV) THE REASON FOR THE D ESTRUCTION OF EACH F IREARM;
	121	+	(C) TO ACCOMPLISH THE PUR POSE OF THE PILOT PR OGRAM, THE 17
	122	+	ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP A PLAN TO IMPLEMENT 18
	123	+	AND MONITOR THE PILOT PROGRAM . 19
131	124
132		-	(V) THE SOURCE OF EACH FIREARM , INCLUDING SEIZURE FR OM
133		-	A CRIMINAL DEFENDANT , CRIME EVIDENCE , AGENCY PURCHASE , TURNED IN TO THE
134		-	AGENCY BY A CITIZEN , OR ANY OTHER SOURCE ; AND
	125	+	(D) ON OR BEFORE JUNE 30, 2027, THE ADMINISTRATIVE OFFICE OF THE 20
	126	+	COURTS, IN CONSULTATION WITH THE BALTIMORE WORKFORCE DEVELOPMENT 21
	127	+	BOARD, SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 22
	128	+	OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 23
	129	+	OPERATION AND RESULT S OF THE PILOT PROGR AM. 24
135	130
136		-	(VI) ANY OTHER RELEVANT I NFORMATION .
	131	+	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
	132	+	as follows: 26
137	133
138		-	(B) THE REPORT SUBMITTED ON MARCH 1, 2023, UNDER SUBSECTION (A)
139		-	OF THIS SECTION SHAL L ALSO INCLUDE INFOR MATION REGARDING FIR EARMS
140		-	DESTROYED, SEIZED, OR RECOVERED BY THE BALTIMORE POLICE DEPARTMENT
141		-	DURING EACH CALENDAR YEAR FROM 2012 THROUGH 2021. Ch. 521 2022 LAWS OF MARYLAND
	134	+	Article – Public Safety 27
142	135
143		-	– ~~4 –~~
	136	+	3–501.1. 28
144	137
145		-	(C) IF THE BALTIMORE POLICE DEPARTMENT HAS NOT SU BMITTED A
146		-	REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION , THE GOVERNOR’S
147		-	OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES MAY NOT MAKE
148		-	ANY GRANT FUNDS AVAI LABLE TO THE BALTIMORE POLICE DEPARTMENT .
	138	+	(A) (1) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING MARCH 1, 2023, 29
	139	+	THE BALTIMORE POLICE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN 30
	140	+	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 31 4 SENATE BILL 586
149	141
150		-	SECTION 3. 4. AND BE IT FURTHER ENACTED, That for in each of fiscal year
151		-	years 2024, 2025, 2026, 2027, and 2028, the Governor shall include in the annual State
152		-	budget an appropriation of at least $500,000 to the Baltimore Workforce Development
153		-	Board to be distributed to local workforce investment boards or other nonprofit entities that
154		-	participate in the pilot program Jobs Court Pilot Program by identifying employers and
155		-	training programs.
156	142
157		-	SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
158		-	effect July 1, 2023. Section 2 of this Act shall remain effective for a period of 5 years and, at
159		-	the end of June 30, 2028, Section 2 of this Act, with no further action required by the General
160		-	Assembly, shall be abrogated and of no further force and effect.
	143	+	ASSEMBLY REGARDING TH E FIREARMS DESTROYED , SEIZED, OR RECOVE RED BY 1
	144	+	THE BALTIMORE POLICE DEPARTMENT DURING THE PRECEDING CALENDAR Y EAR. 2
161	145
162		-	SECTION 2. 4. 6. AND BE IT FURTHER ENACTED, That , except as provided in
163		-	Section 5 of this Act, this Act shall take effect October July 1, 2022. Section 2 3 of this Act
164		-	shall remain effective for a period of 5 years and, at the end of June 30, 2027, Section 2 3
165		-	of this Act, with no further action required by the General Assembly, shall be abrogated
166		-	and of no further force and effect.
	146	+	(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 3
	147	+	SUBSECTION SHALL ADD RESS: 4
167	148
168		-	Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
	149	+	(I) THE NUMBER OF FIREAR MS DESTROYED , SEIZED, OR 5
	150	+	RECOVERED DURING THE REPORTING PERIOD ; 6
	151	+
	152	+	(II) THE MANUFACTURER AND TYPE OF EACH FIREARM , TO THE 7
	153	+	EXTENT KNOWN , INCLUDING WHETHER IT IS A HANDGUN, RIFLE, MACHINE GUN , OR 8
	154	+	SHOTGUN; 9
	155	+
	156	+	(III) WHETHER EACH FIREARM HAD A SERIAL NUMBER ; 10
	157	+
	158	+	(IV) THE REASON FOR THE D ESTRUCTION OF EACH F IREARM; 11
	159	+
	160	+	(V) THE SOURCE OF EACH FIREARM , INCLUDING SEIZURE FR OM 12
	161	+	A CRIMINAL DEFENDANT , CRIME EVIDENCE , AGENCY PURCHASE , TURNED IN TO THE 13
	162	+	AGENCY BY A CITIZEN , OR ANY OTHER SOURCE ; AND 14
	163	+
	164	+	(VI) ANY OTHER RELEVANT I NFORMATION . 15
	165	+
	166	+	(B) THE REPORT SUBMITTED ON MARCH 1, 2023, UNDER SUBSECTION (A) 16
	167	+	OF THIS SECTION SHAL L ALSO INCLUDE INFOR MATION REGARDING FIR EARMS 17
	168	+	DESTROYED, SEIZED, OR RECOVERED BY THE BALTIMORE POLICE DEPARTMENT 18
	169	+	DURING EACH CALENDAR YEAR FROM 2012 THROUGH 2021. 19
	170	+
	171	+	(C) IF THE BALTIMORE POLICE DEPARTMENT HAS NOT SU BMITTED A 20
	172	+	REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION , THE GOVERNOR’S 21
	173	+	OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES MAY NOT MAKE 22
	174	+	ANY GRANT FUNDS AVAI LABLE TO THE BALTIMORE POLICE DEPARTMENT . 23
	175	+
	176	+	SECTION 3. 4. AND BE IT FURTHER ENACTED, That for in each of fiscal year 24
	177	+	years 2024, 2025, 2026, 2027, and 2028, the Governor shall include in the annual State 25
	178	+	budget an appropriation of at least $500,000 to the Baltimore Workforce Development 26
	179	+	Board to be distributed to local workforce investment boards or other nonprofit entities that 27
	180	+	participate in the pilot program Jobs Court Pilot Program by identifying employers and 28
	181	+	training programs. 29
	182	+
	183	+	SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 30
	184	+	effect July 1, 2023. Section 2 of this Act shall remain effective for a period of 5 years and, at 31
	185	+	the end of June 30, 2028, Section 2 of this Act, with no further action required by the General 32
	186	+	Assembly, shall be abrogated and of no further force and effect. 33
	187	+	SENATE BILL 586 5
	188	+
	189	+
	190	+	SECTION 2. 4. 6. AND BE IT FURTHER ENACTED, That , except as provided in 1
	191	+	Section 5 of this Act, this Act shall take effect October July 1, 2022. Section 2 3 of this Act 2
	192	+	shall remain effective for a period of 5 years and, at the end of June 30, 2027, Section 2 3 3
	193	+	of this Act, with no further action required by the General Assembly, shall be abrogated 4
	194	+	and of no further force and effect. 5
	195	+
	196	+
	197	+
	198	+
	199	+	Approved:
	200	+	________________________________________________________________________________
	201	+	Governor.
	202	+	________________________________________________________________________________
	203	+	President of the Senate.
	204	+	________________________________________________________________________________
	205	+	Speaker of the House of Delegates.