EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0744*
SENATE BILL 744
E1, E5 EMERGENCY BILL 3lr1953
SB 852/21 – JPR
By: Senators Folden, Ready, Bailey, McKay, Mautz, West, Simonaire, Carozza,
Watson, Salling, Corderman, Hershey, Jennings, and Gallion
Introduced and read first time: February 6, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Crimes and Corrections – Penalties and Procedures 2
(Violent Firearms Offender Act of 2023) 3
FOR the purpose of establishing that a violation of a condition of probation, parole, or 4
mandatory supervision that involves the use or possession of a firearm is not a 5
technical violation for certain purposes; requiring the Commissioner of Correction to 6
provide a certain inmate with a certain reentry kit and assistance in obtaining 7
Medicaid benefits under certain circumstances; altering the elements of certain 8
prohibitions against using a certain firearm in the commission of a certain crime; 9
providing that the use of a firearm in the commission of the offense of possession 10
with intent to distribute a controlled dangerous substance is a crime of violence for 11
certain purposes; altering the penalties for unlawful possession of a regulated 12
firearm; prohibiting a dealer or other person from selling, renting, loaning, or 13
transferring a regulated firearm to a purchaser, lessee, borrower, or transferee if the 14
dealer or other person has actual knowledge that the purchaser, lessee, borrower, or 15
transferee intends to use the regulated firearm for a certain purpose; and generally 16
relating to criminal and correctional penalties and procedures. 17
BY renumbering 18
Article – Public Safety 19
Section 5–134(c) and (d) 20
to be Section 5–134(d) and (e), respectively 21
Annotated Code of Maryland 22
(2022 Replacement Volume) 23
BY repealing and reenacting, without amendments, 24
Article – Correctional Services 25
Section 6–101(a) 26
Annotated Code of Maryland 27
(2017 Replacement Volume and 2022 Supplement) 28 2 SENATE BILL 744
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 2022 Supplement) 5
BY adding to 6
Article – Correctional Services 7
Section 9–609.2 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 4–204, 4–306(b), 4–404, and 14–101(a) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 5–133(b) 18
Annotated Code of Maryland 19
(2022 Replacement Volume) 20
BY repealing and reenacting, without amendments, 21
Article – Public Safety 22
Section 5–134(b) 23
Annotated Code of Maryland 24
(2022 Replacement Volume) 25
BY adding to 26
Article – Public Safety 27
Section 5–134(c) 28
Annotated Code of Maryland 29
(2022 Replacement Volume) 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That Section(s) 5–134(c) and (d) of Article – Public Safety of the Annotated Code of 32
Maryland be renumbered to be Section(s) 5–134(d) and (e), respectively. 33
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 34
as follows: 35
Article – Correctional Services 36
6–101. 37 SENATE BILL 744 3
(a) In this subtitle the following words have the meanings indicated. 1
(m) “Technical violation” means a violation of a condition of probation, parole, or 2
mandatory supervision that does not involve: 3
(1) an arrest or a summons issued by a commissioner on a statement of 4
charges filed by a law enforcement officer; 5
(2) a violation of a criminal prohibition other than a minor traffic offense; 6
(3) a violation of a no–contact or stay–away order; [or] 7
(4) absconding; OR 8
(5) USE OR POSSESSION OF A FI REARM. 9
9–609.2. 10
BEFORE RELEASE OF AN INMATE FROM A STATE CORRECTIONAL FA CILITY, 11
THE COMMISSIONER OF CORRECTION SHALL PROV IDE THE INMATE WITH : 12
(1) A REENTRY KIT, INCLUDING: 13
(I) AT LEAST 1 WEEK OF SUPPLIES FOR BASIC HUMAN NEEDS , 14
INCLUDING TOILETRIES AND CLOTHING ; 15
(II) THE IDENTIFICATION C ARD REQUIRED TO BE I SSUED 16
UNDER § 9–609.1 OF THIS SUBTITLE; 17
(III) 1. CONTACT INFORMATION FOR ENTITIES THAT 18
SPECIALIZE IN PROVID ING REENTRY SERVICES , HOUSING ASSISTANCE , SUBSTANCE 19
USE DISORDER TREATMENT , AND MENTAL HEALTH SE RVICES; AND 20
2. IF THE INMATE IS NOT ELIGIBLE FOR MEDICAID 21
BENEFITS, CONTACT INFORMATION FOR THE MARYLAND HEALTH BENEFIT 22
EXCHANGE; AND 23
(IV) PUBLIC TRANSPORTATIO N INFORMATION , INCLUDING 24
LOCAL PUBLIC TRANSPO RTATION SCHEDULES AND M APS; AND 25
(2) IF THE INMATE IS ELI GIBLE FOR MEDICAID BENEFITS , 26
ASSISTANCE IN OBTAIN ING MEDICAID BENEFITS . 27
Article – Criminal Law 28 4 SENATE BILL 744
4–204. 1
(a) (1) In this section[, “firearm”] THE FOLLOWING WORDS HAVE THE 2
MEANINGS INDICATED . 3
(2) (I) “FIREARM” means: 4
[(i)] 1. a weapon that expels, is designed to expel, or may readily 5
be converted to expel a projectile by the action of an explosive; or 6
[(ii)] 2. the frame or receiver of such a weapon. 7
[(2)] (II) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 8
short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 9
loaded or unloaded. 10
(3) “USE A FIREARM” DOES NOT INCLUDE THE MERE POSSESSION OF 11
A FIREARM. 12
(b) A person may not use a firearm in the commission of a crime of violence, as 13
defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 14
operable or inoperable at the time of the crime. 15
(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 16
FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 17
shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 18
(ii) The court may not impose less than the minimum sentence of 5 19
years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the 20
person is not eligible for parole in less than 5 years. 21
(2) For each subsequent violation, the sentence shall be consecutive to and 22
not concurrent with any other sentence imposed for the crime of violence or felony. 23
4–306. 24
(b) (1) IN THIS SUBSECTION , “USES” DOES NOT INCLUDE MER E 25
POSSESSION. 26
(2) A person who uses an assault weapon, a rapid fire trigger activator, or 27
a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 28
of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 29
of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 30
for the felony or crime of violence, shall be sentenced under this subsection. 31
SENATE BILL 744 5
[(2)] (3) (i) For a first violation, the person shall be sentenced to 1
imprisonment for not less than 5 years and not exceeding 20 years. 2
(ii) The court may not impose less than the minimum sentence of 5 3
years. 4
(iii) The mandatory minimum sentence of 5 years may not be 5
suspended. 6
(iv) Except as otherwise provided in § 4–305 of the Correctional 7
Services Article, the person is not eligible for parole in less than 5 years. 8
[(3)] (4) (i) For each subsequent violation, the person shall be 9
sentenced to imprisonment for not less than 10 years and not exceeding 20 years. 10
(ii) The court may not impose less than the minimum sentence of 10 11
years. 12
(iii) A sentence imposed under this paragraph shall be consecutive to 13
and not concurrent with any other sentence imposed for the felony or crime of violence. 14
4–404. 15
(a) A person may not use or possess a machine gun in the commission or 16
attempted commission of a FELONY OR crime of violence. 17
(b) A person who violates this section is guilty of a felony and on conviction is 18
subject to imprisonment not exceeding 20 years. 19
14–101. 20
(a) In this section, “crime of violence” means: 21
(1) abduction; 22
(2) arson in the first degree; 23
(3) kidnapping; 24
(4) manslaughter, except involuntary manslaughter; 25
(5) mayhem; 26
(6) maiming, as previously proscribed under former Article 27, §§ 385 and 27
386 of the Code; 28
(7) murder; 29 6 SENATE BILL 744
(8) rape; 1
(9) robbery under § 3–402 or § 3–403 of this article; 2
(10) carjacking; 3
(11) armed carjacking; 4
(12) sexual offense in the first degree; 5
(13) sexual offense in the second degree; 6
(14) use of a firearm in the commission of a felony [except possession with 7
intent to distribute a controlled dangerous substance under § 5–602(2) of this article,] or 8
other crime of violence; 9
(15) child abuse in the first degree under § 3–601 of this article; 10
(16) sexual abuse of a minor under § 3–602 of this article if: 11
(i) the victim is under the age of 13 years and the offender is an 12
adult at the time of the offense; and 13
(ii) the offense involved: 14
1. vaginal intercourse, as defined in § 3–301 of this article; 15
2. a sexual act, as defined in § 3–301 of this article; 16
3. an act in which a part of the offender’s body penetrates, 17
however slightly, into the victim’s genital opening or anus; or 18
4. the intentional touching of the victim’s or the offender’s 19
genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 20
(17) home invasion under § 6–202(b) of this article; 21
(18) a felony offense under Title 3, Subtitle 11 of this article; 22
(19) an attempt to commit any of the crimes described in items (1) through 23
(18) of this subsection; 24
(20) continuing course of conduct with a child under § 3–315 of this article; 25
(21) assault in the first degree; 26
SENATE BILL 744 7
(22) assault with intent to murder; 1
(23) assault with intent to rape; 2
(24) assault with intent to rob; 3
(25) assault with intent to commit a sexual offense in the first degree; and 4
(26) assault with intent to commit a sexual offense in the second degree. 5
Article – Public Safety 6
5–133. 7
(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 8
regulated firearm if the person: 9
[(1)] (I) has been convicted of a disqualifying crime; 10
[(2)] (II) has been convicted of a violation classified as a common law 11
crime and received a term of imprisonment of more than 2 years; 12
[(3)] (III) is a fugitive from justice; 13
[(4)] (IV) is a habitual drunkard; 14
[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 15
user; 16
[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 17
Health – General Article and has a history of violent behavior against the person or 18
another; 19
[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 20
Criminal Procedure Article; 21
[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 22
Criminal Procedure Article; 23
[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 24
to a facility as defined in § 10–101 of the Health – General Article; 25
[(10)] (X) has been involuntarily committed to a facility as defined in § 26
10–101 of the Health – General Article; 27
8 SENATE BILL 744
[(11)] (XI) is under the protection of a guardian appointed by a court under 1
§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 2
appointment of a guardian is solely a result of a physical disability; 3
[(12)] (XII) except as provided in subsection (e) of this section, is a 4
respondent against whom: 5
[(i)] 1. a current non ex parte civil protective order has been 6
entered under § 4–506 of the Family Law Article; or 7
[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 8
Family Law Article, has been issued by a court of another state or a Native American tribe 9
and is in effect; or 10
[(13)] (XIII) if under the age of 30 years at the time of possession, has been 11
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 12
committed by an adult. 13
(2) (I) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 14
A PERSON WHO VIOLATE S THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON 15
CONVICTION IS SUBJEC T TO: 16
1. EXCEPT AS PRO VIDED IN ITEM 2 OF THIS 17
SUBPARAGRAPH , IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT 18
EXCEEDING $10,000 OR BOTH; AND 19
2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 20
FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT EXC EEDING 10 21
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 22
(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 23
CRIME. 24
(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 25
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 26
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF THE LENGTH OF THE 27
SENTENCE. 28
(3) THE COURT MAY NOT IMP OSE THE PENALTIES UN DER 29
PARAGRAPH (2)(I)2 OF THIS SUBSECTION U NLESS THE STATE’S ATTORNEY SERVES 30
NOTICE ON THE DEFEND ANT OR THE DEFENDANT ’S COUNSEL BEFORE THE 31
ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CONTENDERE O R AT LEAST 15 DAYS 32
BEFORE TRIAL THAT : 33
SENATE BILL 744 9
(I) THE STATE WILL SEEK THE P ENALTIES UNDER PARAG RAPH 1
(2)(I)2 OF THIS SUBSECTION ; AND 2
(II) LISTS THE ALLEGED PR IOR CONVICTIONS . 3
5–134. 4
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 5
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 6
or has reasonable cause to believe: 7
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 8
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 9
(2) has been convicted of a disqualifying crime; 10
(3) has been convicted of a conspiracy to commit a felony; 11
(4) has been convicted of a violation classified as a common law crime and 12
received a term of imprisonment of more than 2 years; 13
(5) is a fugitive from justice; 14
(6) is a habitual drunkard; 15
(7) is addicted to a controlled dangerous substance or is a habitual user; 16
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 17
– General Article, and has a history of violent behavior against the purchaser, lessee, 18
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 19
possesses a physician’s certificate that the recipient is capable of possessing a regulated 20
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 21
another; 22
(9) has been confined for more than 30 consecutive days to a facility as 23
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 24
or transferee possesses a physician’s certificate that the recipient is capable of possessing 25
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 26
or to another; 27
(10) is a respondent against whom a current non ex parte civil protective 28
order has been entered under § 4–506 of the Family Law Article; 29
(11) if under the age of 30 years at the time of the transaction, has been 30
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 31
committed by an adult; 32
10 SENATE BILL 744
(12) is visibly under the influence of alcohol or drugs; 1
(13) is a participant in a straw purchase; 2
(14) subject to subsection (c) of this section for a transaction under this 3
subsection that is made on or after January 1, 2002, has not completed a certified firearms 4
safety training course conducted free of charge by the Maryland Police Training and 5
Standards Commission or that meets standards established by the Maryland Police 6
Training and Standards Commission under § 3–207 of this article; or 7
(15) intends to use the regulated firearm to: 8
(i) commit a crime; or 9
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 10
another person. 11
(C) (1) A DEALER OR OTHER PERSON MAY NOT SELL, RENT, LOAN, OR 12
TRANSFER A REGULATED FIREARM TO A PURCHAS ER, LESSEE, BORROWER , OR 13
TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 14
THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE INTEND S TO USE THE 15
REGULATED FIREA RM TO: 16
(I) COMMIT A CRIME ; OR 17
(II) CAUSE HARM TO THE PU RCHASER, LESSEE, TRANSFEREE , 18
OR RECIPIENT OR ANOT HER PERSON. 19
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 20
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 21
YEARS. 22
(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME . 23
(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 24
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 25
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 26
SENTENCE. 27
(5) A DEFENDANT CHARGED WI TH VIOLATING THIS SU BSECTION 28
SHALL ALSO BE CHARGE D WITH VIOLATING SUB SECTION (B) OF THIS SECTION. 29
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
measure, is necessary for the immediate preservation of the public health or safety, has 31
been passed by a yea and nay vote supported by three–fifths of all the members elected to 32 SENATE BILL 744 11
each of the two Houses of the General Assembly, and shall take effect from the date it is 1
enacted. 2