Maryland 2023 Regular Session

Maryland Senate Bill SB744 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0744
6	6
7	7	SENATE BILL 744
8	8	E1, E5 EMERGENCY BILL 3lr1953
9	9	SB 852/21 – JPR
10	10	By: Senators Folden, Ready, Bailey, McKay, Mautz, West, Simonaire, Carozza,
11	11	Watson, Salling, Corderman, Hershey, Jennings, and Gallion
12	12	Introduced and read first time: February 6, 2023
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Crimes and Corrections – Penalties and Procedures 2
20	20	(Violent Firearms Offender Act of 2023) 3
21	21
22	22	FOR the purpose of establishing that a violation of a condition of probation, parole, or 4
23	23	mandatory supervision that involves the use or possession of a firearm is not a 5
24	24	technical violation for certain purposes; requiring the Commissioner of Correction to 6
25	25	provide a certain inmate with a certain reentry kit and assistance in obtaining 7
26	26	Medicaid benefits under certain circumstances; altering the elements of certain 8
27	27	prohibitions against using a certain firearm in the commission of a certain crime; 9
28	28	providing that the use of a firearm in the commission of the offense of possession 10
29	29	with intent to distribute a controlled dangerous substance is a crime of violence for 11
30	30	certain purposes; altering the penalties for unlawful possession of a regulated 12
31	31	firearm; prohibiting a dealer or other person from selling, renting, loaning, or 13
32	32	transferring a regulated firearm to a purchaser, lessee, borrower, or transferee if the 14
33	33	dealer or other person has actual knowledge that the purchaser, lessee, borrower, or 15
34	34	transferee intends to use the regulated firearm for a certain purpose; and generally 16
35	35	relating to criminal and correctional penalties and procedures. 17
36	36
37	37	BY renumbering 18
38	38	Article – Public Safety 19
39	39	Section 5–134(c) and (d) 20
40	40	to be Section 5–134(d) and (e), respectively 21
41	41	Annotated Code of Maryland 22
42	42	(2022 Replacement Volume) 23
43	43
44	44	BY repealing and reenacting, without amendments, 24
45	45	Article – Correctional Services 25
46	46	Section 6–101(a) 26
47	47	Annotated Code of Maryland 27
48	48	(2017 Replacement Volume and 2022 Supplement) 28 2 SENATE BILL 744
49	49
50	50
51	51
52	52	BY repealing and reenacting, with amendments, 1
53	53	Article – Correctional Services 2
54	54	Section 6–101(m) 3
55	55	Annotated Code of Maryland 4
56	56	(2017 Replacement Volume and 2022 Supplement) 5
57	57
58	58	BY adding to 6
59	59	Article – Correctional Services 7
60	60	Section 9–609.2 8
61	61	Annotated Code of Maryland 9
62	62	(2017 Replacement Volume and 2022 Supplement) 10
63	63
64	64	BY repealing and reenacting, with amendments, 11
65	65	Article – Criminal Law 12
66	66	Section 4–204, 4–306(b), 4–404, and 14–101(a) 13
67	67	Annotated Code of Maryland 14
68	68	(2021 Replacement Volume and 2022 Supplement) 15
69	69
70	70	BY repealing and reenacting, with amendments, 16
71	71	Article – Public Safety 17
72	72	Section 5–133(b) 18
73	73	Annotated Code of Maryland 19
74	74	(2022 Replacement Volume) 20
75	75
76	76	BY repealing and reenacting, without amendments, 21
77	77	Article – Public Safety 22
78	78	Section 5–134(b) 23
79	79	Annotated Code of Maryland 24
80	80	(2022 Replacement Volume) 25
81	81
82	82	BY adding to 26
83	83	Article – Public Safety 27
84	84	Section 5–134(c) 28
85	85	Annotated Code of Maryland 29
86	86	(2022 Replacement Volume) 30
87	87
88	88	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
89	89	That Section(s) 5–134(c) and (d) of Article – Public Safety of the Annotated Code of 32
90	90	Maryland be renumbered to be Section(s) 5–134(d) and (e), respectively. 33
91	91
92	92	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 34
93	93	as follows: 35
94	94
95	95	Article – Correctional Services 36
96	96
97	97	6–101. 37 SENATE BILL 744 3
98	98
99	99
100	100
101	101	(a) In this subtitle the following words have the meanings indicated. 1
102	102
103	103	(m) “Technical violation” means a violation of a condition of probation, parole, or 2
104	104	mandatory supervision that does not involve: 3
105	105
106	106	(1) an arrest or a summons issued by a commissioner on a statement of 4
107	107	charges filed by a law enforcement officer; 5
108	108
109	109	(2) a violation of a criminal prohibition other than a minor traffic offense; 6
110	110
111	111	(3) a violation of a no–contact or stay–away order; [or] 7
112	112
113	113	(4) absconding; OR 8
114	114
115	115	(5) USE OR POSSESSION OF A FI REARM. 9
116	116
117	117	9–609.2. 10
118	118
119	119	BEFORE RELEASE OF AN INMATE FROM A STATE CORRECTIONAL FA CILITY, 11
120	120	THE COMMISSIONER OF CORRECTION SHALL PROV IDE THE INMATE WITH : 12
121	121
122	122	(1) A REENTRY KIT, INCLUDING: 13
123	123
124	124	(I) AT LEAST 1 WEEK OF SUPPLIES FOR BASIC HUMAN NEEDS , 14
125	125	INCLUDING TOILETRIES AND CLOTHING ; 15
126	126
127	127	(II) THE IDENTIFICATION C ARD REQUIRED TO BE I SSUED 16
128	128	UNDER § 9–609.1 OF THIS SUBTITLE; 17
129	129
130	130	(III) 1. CONTACT INFORMATION FOR ENTITIES THAT 18
131	131	SPECIALIZE IN PROVID ING REENTRY SERVICES , HOUSING ASSISTANCE , SUBSTANCE 19
132	132	USE DISORDER TREATMENT , AND MENTAL HEALTH SE RVICES; AND 20
133	133
134	134	2. IF THE INMATE IS NOT ELIGIBLE FOR MEDICAID 21
135	135	BENEFITS, CONTACT INFORMATION FOR THE MARYLAND HEALTH BENEFIT 22
136	136	EXCHANGE; AND 23
137	137
138	138	(IV) PUBLIC TRANSPORTATIO N INFORMATION , INCLUDING 24
139	139	LOCAL PUBLIC TRANSPO RTATION SCHEDULES AND M APS; AND 25
140	140
141	141	(2) IF THE INMATE IS ELI GIBLE FOR MEDICAID BENEFITS , 26
142	142	ASSISTANCE IN OBTAIN ING MEDICAID BENEFITS . 27
143	143
144	144	Article – Criminal Law 28 4 SENATE BILL 744
145	145
146	146
147	147
148	148	4–204. 1
149	149
150	150	(a) (1) In this section[, “firearm”] THE FOLLOWING WORDS HAVE THE 2
151	151	MEANINGS INDICATED . 3
152	152
153	153	(2) (I) “FIREARM” means: 4
154	154
155	155	[(i)] 1. a weapon that expels, is designed to expel, or may readily 5
156	156	be converted to expel a projectile by the action of an explosive; or 6
157	157
158	158	[(ii)] 2. the frame or receiver of such a weapon. 7
159	159
160	160	[(2)] (II) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 8
161	161	short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 9
162	162	loaded or unloaded. 10
163	163
164	164	(3) “USE A FIREARM” DOES NOT INCLUDE THE MERE POSSESSION OF 11
165	165	A FIREARM. 12
166	166
167	167	(b) A person may not use a firearm in the commission of a crime of violence, as 13
168	168	defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 14
169	169	operable or inoperable at the time of the crime. 15
170	170
171	171	(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 16
172	172	FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 17
173	173	shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 18
174	174
175	175	(ii) The court may not impose less than the minimum sentence of 5 19
176	176	years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the 20
177	177	person is not eligible for parole in less than 5 years. 21
178	178
179	179	(2) For each subsequent violation, the sentence shall be consecutive to and 22
180	180	not concurrent with any other sentence imposed for the crime of violence or felony. 23
181	181
182	182	4–306. 24
183	183
184	184	(b) (1) IN THIS SUBSECTION , “USES” DOES NOT INCLUDE MER E 25
185	185	POSSESSION. 26
186	186
187	187	(2) A person who uses an assault weapon, a rapid fire trigger activator, or 27
188	188	a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 28
189	189	of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 29
190	190	of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 30
191	191	for the felony or crime of violence, shall be sentenced under this subsection. 31
192	192	SENATE BILL 744 5
193	193
194	194
195	195	[(2)] (3) (i) For a first violation, the person shall be sentenced to 1
196	196	imprisonment for not less than 5 years and not exceeding 20 years. 2
197	197
198	198	(ii) The court may not impose less than the minimum sentence of 5 3
199	199	years. 4
200	200
201	201	(iii) The mandatory minimum sentence of 5 years may not be 5
202	202	suspended. 6
203	203
204	204	(iv) Except as otherwise provided in § 4–305 of the Correctional 7
205	205	Services Article, the person is not eligible for parole in less than 5 years. 8
206	206
207	207	[(3)] (4) (i) For each subsequent violation, the person shall be 9
208	208	sentenced to imprisonment for not less than 10 years and not exceeding 20 years. 10
209	209
210	210	(ii) The court may not impose less than the minimum sentence of 10 11
211	211	years. 12
212	212
213	213	(iii) A sentence imposed under this paragraph shall be consecutive to 13
214	214	and not concurrent with any other sentence imposed for the felony or crime of violence. 14
215	215
216	216	4–404. 15
217	217
218	218	(a) A person may not use or possess a machine gun in the commission or 16
219	219	attempted commission of a FELONY OR crime of violence. 17
220	220
221	221	(b) A person who violates this section is guilty of a felony and on conviction is 18
222	222	subject to imprisonment not exceeding 20 years. 19
223	223
224	224	14–101. 20
225	225
226	226	(a) In this section, “crime of violence” means: 21
227	227
228	228	(1) abduction; 22
229	229
230	230	(2) arson in the first degree; 23
231	231
232	232	(3) kidnapping; 24
233	233
234	234	(4) manslaughter, except involuntary manslaughter; 25
235	235
236	236	(5) mayhem; 26
237	237
238	238	(6) maiming, as previously proscribed under former Article 27, §§ 385 and 27
239	239	386 of the Code; 28
240	240
241	241	(7) murder; 29 6 SENATE BILL 744
242	242
243	243
244	244
245	245	(8) rape; 1
246	246
247	247	(9) robbery under § 3–402 or § 3–403 of this article; 2
248	248
249	249	(10) carjacking; 3
250	250
251	251	(11) armed carjacking; 4
252	252
253	253	(12) sexual offense in the first degree; 5
254	254
255	255	(13) sexual offense in the second degree; 6
256	256
257	257	(14) use of a firearm in the commission of a felony [except possession with 7
258	258	intent to distribute a controlled dangerous substance under § 5–602(2) of this article,] or 8
259	259	other crime of violence; 9
260	260
261	261	(15) child abuse in the first degree under § 3–601 of this article; 10
262	262
263	263	(16) sexual abuse of a minor under § 3–602 of this article if: 11
264	264
265	265	(i) the victim is under the age of 13 years and the offender is an 12
266	266	adult at the time of the offense; and 13
267	267
268	268	(ii) the offense involved: 14
269	269
270	270	1. vaginal intercourse, as defined in § 3–301 of this article; 15
271	271
272	272	2. a sexual act, as defined in § 3–301 of this article; 16
273	273
274	274	3. an act in which a part of the offender’s body penetrates, 17
275	275	however slightly, into the victim’s genital opening or anus; or 18
276	276
277	277	4. the intentional touching of the victim’s or the offender’s 19
278	278	genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 20
279	279
280	280	(17) home invasion under § 6–202(b) of this article; 21
281	281
282	282	(18) a felony offense under Title 3, Subtitle 11 of this article; 22
283	283
284	284	(19) an attempt to commit any of the crimes described in items (1) through 23
285	285	(18) of this subsection; 24
286	286
287	287	(20) continuing course of conduct with a child under § 3–315 of this article; 25
288	288
289	289	(21) assault in the first degree; 26
290	290	SENATE BILL 744 7
291	291
292	292
293	293	(22) assault with intent to murder; 1
294	294
295	295	(23) assault with intent to rape; 2
296	296
297	297	(24) assault with intent to rob; 3
298	298
299	299	(25) assault with intent to commit a sexual offense in the first degree; and 4
300	300
301	301	(26) assault with intent to commit a sexual offense in the second degree. 5
302	302
303	303	Article – Public Safety 6
304	304
305	305	5–133. 7
306	306
307	307	(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 8
308	308	regulated firearm if the person: 9
309	309
310	310	[(1)] (I) has been convicted of a disqualifying crime; 10
311	311
312	312	[(2)] (II) has been convicted of a violation classified as a common law 11
313	313	crime and received a term of imprisonment of more than 2 years; 12
314	314
315	315	[(3)] (III) is a fugitive from justice; 13
316	316
317	317	[(4)] (IV) is a habitual drunkard; 14
318	318
319	319	[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 15
320	320	user; 16
321	321
322	322	[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 17
323	323	Health – General Article and has a history of violent behavior against the person or 18
324	324	another; 19
325	325
326	326	[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 20
327	327	Criminal Procedure Article; 21
328	328
329	329	[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 22
330	330	Criminal Procedure Article; 23
331	331
332	332	[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 24
333	333	to a facility as defined in § 10–101 of the Health – General Article; 25
334	334
335	335	[(10)] (X) has been involuntarily committed to a facility as defined in § 26
336	336	10–101 of the Health – General Article; 27
337	337	8 SENATE BILL 744
338	338
339	339
340	340	[(11)] (XI) is under the protection of a guardian appointed by a court under 1
341	341	§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 2
342	342	appointment of a guardian is solely a result of a physical disability; 3
343	343
344	344	[(12)] (XII) except as provided in subsection (e) of this section, is a 4
345	345	respondent against whom: 5
346	346
347	347	[(i)] 1. a current non ex parte civil protective order has been 6
348	348	entered under § 4–506 of the Family Law Article; or 7
349	349
350	350	[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 8
351	351	Family Law Article, has been issued by a court of another state or a Native American tribe 9
352	352	and is in effect; or 10
353	353
354	354	[(13)] (XIII) if under the age of 30 years at the time of possession, has been 11
355	355	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 12
356	356	committed by an adult. 13
357	357
358	358	(2) (I) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 14
359	359	A PERSON WHO VIOLATE S THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON 15
360	360	CONVICTION IS SUBJEC T TO: 16
361	361
362	362	1. EXCEPT AS PRO VIDED IN ITEM 2 OF THIS 17
363	363	SUBPARAGRAPH , IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT 18
364	364	EXCEEDING $10,000 OR BOTH; AND 19
365	365
366	366	2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 20
367	367	FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT EXC EEDING 10 21
368	368	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 22
369	369
370	370	(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 23
371	371	CRIME. 24
372	372
373	373	(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 25
374	374	PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 26
375	375	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF THE LENGTH OF THE 27
376	376	SENTENCE. 28
377	377
378	378	(3) THE COURT MAY NOT IMP OSE THE PENALTIES UN DER 29
379	379	PARAGRAPH (2)(I)2 OF THIS SUBSECTION U NLESS THE STATE’S ATTORNEY SERVES 30
380	380	NOTICE ON THE DEFEND ANT OR THE DEFENDANT ’S COUNSEL BEFORE THE 31
381	381	ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CONTENDERE O R AT LEAST 15 DAYS 32
382	382	BEFORE TRIAL THAT : 33
383	383	SENATE BILL 744 9
384	384
385	385
386	386	(I) THE STATE WILL SEEK THE P ENALTIES UNDER PARAG RAPH 1
387	387	(2)(I)2 OF THIS SUBSECTION ; AND 2
388	388
389	389	(II) LISTS THE ALLEGED PR IOR CONVICTIONS . 3
390	390
391	391	5–134. 4
392	392
393	393	(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 5
394	394	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 6
395	395	or has reasonable cause to believe: 7
396	396
397	397	(1) is under the age of 21 years, unless the regulated firearm is loaned to a 8
398	398	borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 9
399	399
400	400	(2) has been convicted of a disqualifying crime; 10
401	401
402	402	(3) has been convicted of a conspiracy to commit a felony; 11
403	403
404	404	(4) has been convicted of a violation classified as a common law crime and 12
405	405	received a term of imprisonment of more than 2 years; 13
406	406
407	407	(5) is a fugitive from justice; 14
408	408
409	409	(6) is a habitual drunkard; 15
410	410
411	411	(7) is addicted to a controlled dangerous substance or is a habitual user; 16
412	412
413	413	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 17
414	414	– General Article, and has a history of violent behavior against the purchaser, lessee, 18
415	415	borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 19
416	416	possesses a physician’s certificate that the recipient is capable of possessing a regulated 20
417	417	firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 21
418	418	another; 22
419	419
420	420	(9) has been confined for more than 30 consecutive days to a facility as 23
421	421	defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 24
422	422	or transferee possesses a physician’s certificate that the recipient is capable of possessing 25
423	423	a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 26
424	424	or to another; 27
425	425
426	426	(10) is a respondent against whom a current non ex parte civil protective 28
427	427	order has been entered under § 4–506 of the Family Law Article; 29
428	428
429	429	(11) if under the age of 30 years at the time of the transaction, has been 30
430	430	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 31
431	431	committed by an adult; 32
432	432	10 SENATE BILL 744
433	433
434	434
435	435	(12) is visibly under the influence of alcohol or drugs; 1
436	436
437	437	(13) is a participant in a straw purchase; 2
438	438
439	439	(14) subject to subsection (c) of this section for a transaction under this 3
440	440	subsection that is made on or after January 1, 2002, has not completed a certified firearms 4
441	441	safety training course conducted free of charge by the Maryland Police Training and 5
442	442	Standards Commission or that meets standards established by the Maryland Police 6
443	443	Training and Standards Commission under § 3–207 of this article; or 7
444	444
445	445	(15) intends to use the regulated firearm to: 8
446	446
447	447	(i) commit a crime; or 9
448	448
449	449	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 10
450	450	another person. 11
451	451
452	452	(C) (1) A DEALER OR OTHER PERSON MAY NOT SELL, RENT, LOAN, OR 12
453	453	TRANSFER A REGULATED FIREARM TO A PURCHAS ER, LESSEE, BORROWER , OR 13
454	454	TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 14
455	455	THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE INTEND S TO USE THE 15
456	456	REGULATED FIREA RM TO: 16
457	457
458	458	(I) COMMIT A CRIME ; OR 17
459	459
460	460	(II) CAUSE HARM TO THE PU RCHASER, LESSEE, TRANSFEREE , 18
461	461	OR RECIPIENT OR ANOT HER PERSON. 19
462	462
463	463	(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 20
464	464	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 21
465	465	YEARS. 22
466	466
467	467	(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME . 23
468	468
469	469	(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 24
470	470	PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 25
471	471	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 26
472	472	SENTENCE. 27
473	473
474	474	(5) A DEFENDANT CHARGED WI TH VIOLATING THIS SU BSECTION 28
475	475	SHALL ALSO BE CHARGE D WITH VIOLATING SUB SECTION (B) OF THIS SECTION. 29
476	476
477	477	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
478	478	measure, is necessary for the immediate preservation of the public health or safety, has 31
479	479	been passed by a yea and nay vote supported by three–fifths of all the members elected to 32 SENATE BILL 744 11
480	480
481	481
482	482	each of the two Houses of the General Assembly, and shall take effect from the date it is 1
483	483	enacted. 2
484	484