Maryland 2023 Regular Session

Maryland Senate Bill SB88 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	sb0088
6	6
7	7	SENATE BILL 88
8	8	E2 EMERGENCY BILL 3lr0532
9	9	(PRE–FILED)
10	10	By: Senators Waldstreicher and Carter
11	11	Requested: October 11, 2022
12	12	Introduced and read first time: January 11, 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	Criminal Procedure – Automatic Expungement – Pardoned Conviction of 2
20	20	Possession of Cannabis 3
21	21	(Pardons for Simple Possession of Cannabis Act of 2023) 4
22	22
23	23	FOR the purpose of requiring that certain records relating to a certain conviction of 5
24	24	possession of cannabis that has been fully and unconditionally pardoned by the 6
25	25	Governor be automatically expunged; establishing a procedure for the automatic 7
26	26	expungement of pardoned possession of cannabis convictions; and generally relating 8
27	27	to expungement of records. 9
28	28
29	29	BY repealing and reenacting, without amendments, 10
30	30	Article – Criminal Procedure 11
31	31	Section 10–105(a) and 10–107 12
32	32	Annotated Code of Maryland 13
33	33	(2018 Replacement Volume and 2022 Supplement) 14
34	34
35	35	BY adding to 15
36	36	Article – Criminal Procedure 16
37	37	Section 10–113 17
38	38	Annotated Code of Maryland 18
39	39	(2018 Replacement Volume and 2022 Supplement) 19
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
42	42	That the Laws of Maryland read as follows: 21
43	43
44	44	Article – Criminal Procedure 22
45	45
46	46	10–105. 23
47	47	2 SENATE BILL 88
48	48
49	49
50	50	(a) A person who has been charged with the commission of a crime, including a 1
51	51	violation of the Transportation Article for which a term of imprisonment may be imposed, 2
52	52	or who has been charged with a civil offense or infraction, except a juvenile offense, may 3
53	53	file a petition listing relevant facts for expungement of a police record, court record, or other 4
54	54	record maintained by the State or a political subdivision of the State if: 5
55	55
56	56	(1) the person is acquitted; 6
57	57
58	58	(2) the charge is otherwise dismissed; 7
59	59
60	60	(3) a probation before judgment is entered, unless the person is charged 8
61	61	with a violation of § 21–902 of the Transportation Article or Title 2, Subtitle 5 or § 3–211 9
62	62	of the Criminal Law Article; 10
63	63
64	64	(4) a nolle prosequi or nolle prosequi with the requirement of drug or 11
65	65	alcohol treatment is entered; 12
66	66
67	67	(5) the court indefinitely postpones trial of a criminal charge by marking 13
68	68	the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment 14
69	69	on the docket; 15
70	70
71	71	(6) the case is compromised under § 3–207 of the Criminal Law Article; 16
72	72
73	73	(7) the charge was transferred to the juvenile court under § 4–202 of this 17
74	74	article; 18
75	75
76	76	(8) the person: 19
77	77
78	78	(i) is convicted of only one criminal act, and that act is not a crime 20
79	79	of violence; and 21
80	80
81	81	(ii) is granted a full and unconditional pardon by the Governor; 22
82	82
83	83	(9) the person was convicted of a crime or found not criminally responsible 23
84	84	under any State or local law that prohibits: 24
85	85
86	86	(i) urination or defecation in a public place; 25
87	87
88	88	(ii) panhandling or soliciting money; 26
89	89
90	90	(iii) drinking an alcoholic beverage in a public place; 27
91	91
92	92	(iv) obstructing the free passage of another in a public place or a 28
93	93	public conveyance; 29
94	94
95	95	(v) sleeping on or in park structures, such as benches or doorways; 30
96	96	SENATE BILL 88 3
97	97
98	98
99	99	(vi) loitering; 1
100	100
101	101	(vii) vagrancy; 2
102	102
103	103	(viii) riding a transit vehicle without paying the applicable fare or 3
104	104	exhibiting proof of payment; or 4
105	105
106	106	(ix) except for carrying or possessing an explosive, acid, concealed 5
107	107	weapon, or other dangerous article as provided in § 7–705(b)(6) of the Transportation 6
108	108	Article, any of the acts specified in § 7–705 of the Transportation Article; 7
109	109
110	110	(10) the person was found not criminally responsible under any State or 8
111	111	local law that prohibits misdemeanor: 9
112	112
113	113	(i) trespass; 10
114	114
115	115	(ii) disturbing the peace; or 11
116	116
117	117	(iii) telephone misuse; 12
118	118
119	119	(11) except as provided in subsection (a–1) of this section, the person was 13
120	120	convicted of a crime and the act on which the conviction was based is no longer a crime; 14
121	121
122	122	(12) the person was convicted of possession of cannabis under § 5–601 of the 15
123	123	Criminal Law Article; or 16
124	124
125	125	(13) the person was convicted of a crime and the conviction was vacated 17
126	126	under § 8–302 of this article. 18
127	127
128	128	10–107. 19
129	129
130	130	(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 20
131	131	violation or possession of cannabis under § 5–601 of the Criminal Law Article, arise from 21
132	132	the same incident, transaction, or set of facts, they are considered to be a unit. 22
133	133
134	134	(2) A charge for a minor traffic violation or possession of cannabis under § 23
135	135	5–601 of the Criminal Law Article that arises from the same incident, transaction, or set of 24
136	136	facts as a charge in the unit is not a part of the unit. 25
137	137
138	138	(b) (1) If a person is not entitled to expungement of one charge or conviction in 26
139	139	a unit, the person is not entitled to expungement of any other charge or conviction in the 27
140	140	unit. 28
141	141
142	142	(2) The disposition of a charge for a minor traffic violation that arises from 29
143	143	the same incident, transaction, or set of facts as a charge in the unit does not affect any 30
144	144	right to expungement of a charge or conviction in the unit. 31
145	145	4 SENATE BILL 88
146	146
147	147
148	148	10–113. 1
149	149
150	150	(A) A POLICE RECORD , COURT RECORD , OR OTHER RECORD MAIN TAINED 2
151	151	BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE RELATING TO A 3
152	152	CONVICTION OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW 4
153	153	ARTICLE THAT HAS BEEN FULLY AND UNCONDITIONALLY PARDONED BY THE 5
154	154	GOVERNOR SHALL BE AUTOMATICALLY EXPUNGED. 6
155	155
156	156	(B) (1) ON OR BEFORE 60 DAYS AFTER THE GOVERNOR’S FULL AND 7
157	157	UNCONDITIONAL PARDON OF A CONVICTION OF POSSESSION OF CANNAB IS UNDER § 8
158	158	5–601 OF THE CRIMINAL LAW ARTICLE BECOMES EFFECTIVE , OR AUGUST 1, 2023, 9
159	159	WHICHEVER IS LATER , THE COURT WITH JURIS DICTION OVER THE MAT TER SHALL: 10
160	160
161	161	(I) SEARCH DILIGENTLY FO R AND EXPUNGE EACH C OURT 11
162	162	RECORD ABOUT THE CONVICTION AND UNDER LYING CHARGE; AND 12
163	163
164	164	(II) SEND A NOTICE OF EXP UNGEMENT CONTAINING ALL 13
165	165	RELEVANT FACTS ABOUT THE EXPUNGEMENT , CONVICTION, AND UNDERLYING 14
166	166	CHARGE TO: 15
167	167
168	168	1. THE CENTRAL REPOSITORY; 16
169	169
170	170	2. EACH BOOKING FACILITY OR LAW ENFORCEMENT 17
171	171	UNIT THAT THE COURT BELIEVES MAY HAVE A POLICE RECORD ABOUT THE 18
172	172	UNDERLYING ARREST, CONFINEMENT , OR CHARGE; AND 19
173	173
174	174	3. THE PERSON ENTITLED T O EXPUNGEMENT . 20
175	175
176	176	(2) WITHIN 60 DAYS AFTER RECEIPT O F THE NOTICE IN PARA GRAPH 21
177	177	(1)(II) OF THIS SUBSECTION, THE CENTRAL REPOSITORY, A BOOKING FACILITY , AND 22
178	178	ANY OTHER LAW ENFORC EMENT UNIT SHALL : 23
179	179
180	180	(I) SEARCH DILIGENTLY FOR AND EXPUNGE EACH POL ICE AND 24
181	181	COURT RECORD ABOUT T HE ARREST, CONFINEMENT , CHARGING, OR CONVICTION 25
182	182	OF THE PERSON ; AND 26
183	183
184	184	(II) ADVISE, IN WRITING , THE PERSON ENTITLED TO 27
185	185	EXPUNGEMENT OF COMPL IANCE WITH THE ORDER . 28
186	186
187	187	(C) (1) A POLICE OR COURT RECO RD EXPUNGED UNDER TH IS SECTION 29
188	188	MAY NOT BE EXPUNGED BY OBLITERATION UNTI L 3 YEARS AFTER THE CONVICTION. 30
189	189	SENATE BILL 88 5
190	190
191	191
192	192	(2) DURING THE 3–YEAR PERIOD DESCRIBE D IN PARAGRAPH (1) OF 1
193	193	THIS SUBSECTION , THE RECORDS SHALL BE REMOVED TO A SEPARAT E SECURE AREA 2
194	194	TO WHICH PERSONS WHO DO NOT HAVE LEGITIMA TE REASON FOR ACCESS ARE 3
195	195	DENIED ACCESS . 4
196	196
197	197	(3) FOR PURPOSES OF THIS SUBSECTION, A LEGITIMATE REASON FOR 5
198	198	ACCESSING THE RECORD S INCLUDES USING THE RECORDS FOR PURPOSES OF 6
199	199	PROCEEDINGS RELATING TO THE UNDERLYING ARREST OR CHARGE . 7
200	200
201	201	(D) THE FOLLOWING DOES NOT PROHIBIT THE EXPUNGEMENT OF A 8
202	202	RECORD OF A PERSON WHO QUALIFIES FOR EXPUNGEMENT UNDER SUBSECTION (A) 9
203	203	OF THIS SECTION: 10
204	204
205	205	(1) THE PERSON IS CURREN TLY INCARCERATED ; OR 11
206	206
207	207	(2) THE PERSON HAS BEEN CONVICTED OF ANOTHER CRIME AFTER : 12
208	208
209	209	(I) THE DATE OF THE SENT ENCE FOR POSSESSION OF 13
210	210	CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE; 14
211	211
212	212	(II) THE DATE OF RELEASE FROM INCARCERATION FOR 15
213	213	POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE; 16
214	214
215	215	(III) THE DATE OF DISCHARGE FROM PAROLE FOR POSS ESSION 17
216	216	OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE; OR 18
217	217
218	218	(IV) THE DATE OF DISCHARGE FROM PROBATION FOR 19
219	219	POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE. 20
220	220
221	221	(E) IF THE AUTOMATIC EXPU NGEMENT OF RECORDS R ELATING TO A 21
222	222	PARDONED CONVICTION OF POSSESSION OF CAN NABIS IS NOT EFFECTUATED AS 22
223	223	REQUIRED UNDER SUBSECTION (B) OF THIS SECT ION, THE PERSON ENTITLED TO 23
224	224	EXPUNGEMENT MAY FILE A PETITION FOR EXPUNGEMENT UNDER § 10–105(A)(12) 24
225	225	OF THIS SUBTITLE. 25
226	226
227	227	(F) A PERSON WHO IS ENTITL ED TO AUTOMATIC EXPU NGEMENT UNDER 26
228	228	THIS SECTION MAY NOT BE REQUIRED TO PAY A NY FEE OR COSTS IN C ONNECTION 27
229	229	WITH THE EXPUNGEMENT . 28
230	230
231	231	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 29
232	232	measure, is necessary for the immediate preservation of the public health or safety, has 30
233	233	been passed by a yea and nay vote supported by three–fifths of all the members elected to 31
234	234	each of the two Houses of the General Assembly, and shall take effect from the date it is 32
235	235	enacted. 33