EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0316*
HOUSE BILL 316
E1, E5 EMERGENCY BILL 4lr1336
SB 744/23 – JPR CF SB 28
By: Delegates Valentine, Adams, Anderton, Arentz, Baker, Bouchat, Buckel,
Chisholm, Ciliberti, Fisher, Ghrist, Grammer, Griffith, Hartman,
Hinebaugh, Hornberger, Howard, Hutchinson, Jacobs, Kipke, R. Long,
Mangione, McComas, Metzgar, Miller, M. Morgan, T. Morgan, Munoz,
Nawrocki, Otto, Pippy, Reilly, Rose, Schmidt, Stonko, Szeliga, Tomlin son,
and Wivell
Introduced and read first time: January 15, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Crimes and Corrections – Penalties and Procedures 2
(Violent Firearms Offender Act of 2024) 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 incarcerated individual with a certain reentry kit and assistance 7
in obtaining Medicaid benefits under certain circumstances; altering the elements of 8
certain prohibitions against using a certain firearm in the commission of a certain 9
crime; providing that the use of a firearm in the commission of the offense of 10
possession with intent to distribute a controlled dangerous substance is a crime of 11
violence for certain purposes; altering the penalties for unlawful possession of a 12
regulated firearm; prohibiting a dealer or other person from selling, renting, loaning, 13
or transferring a regulated firearm to a purchaser, lessee, borrower, or transferee if 14
the dealer or other person has actual knowledge that the purchaser, lessee, borrower, 15
or transferee intends to use the regulated firearm for a certain purpose; and 16
generally 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 and 2023 Supplement) 23
BY repealing and reenacting, without amendments, 24 2 HOUSE BILL 316
Article – Correctional Services 1
Section 6–101(a) 2
Annotated Code of Maryland 3
(2017 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Correctional Services 6
Section 6–101(m) 7
Annotated Code of Maryland 8
(2017 Replacement Volume and 2023 Supplement) 9
BY adding to 10
Article – Correctional Services 11
Section 9–609.2 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Law 16
Section 4–204, 4–306(b), 4–404, and 14–101(a) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Public Safety 21
Section 5–133(b) 22
Annotated Code of Maryland 23
(2022 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – Public Safety 26
Section 5–133(b–1) 27
Annotated Code of Maryland 28
(2022 Replacement Volume and 2023 Supplement) 29
(As enacted by Chapter 622 of the Acts of the General Assembly of 2023) 30
BY repealing and reenacting, without amendments, 31
Article – Public Safety 32
Section 5–134(b) 33
Annotated Code of Maryland 34
(2022 Replacement Volume and 2023 Supplement) 35
BY adding to 36
Article – Public Safety 37
Section 5–134(c) 38
Annotated Code of Maryland 39
(2022 Replacement Volume and 2023 Supplement) 40 HOUSE BILL 316 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 5–134(c) and (d) of Article – Public Safety of the Annotated Code of 2
Maryland be renumbered to be Section(s) 5–134(d) and (e), respectively. 3
SECTION 2. AND BE IT FURTHER ENACT ED, That the Laws of Maryland read 4
as follows: 5
Article – Correctional Services 6
6–101. 7
(a) In this subtitle the following words have the meanings indicated. 8
(m) “Technical violation” means a violation of a condition of probation, parole, or 9
mandatory supervision that does not involve: 10
(1) an arrest or a summons issued by a commissioner on a statement of 11
charges filed by a law enforcement officer; 12
(2) a violation of a criminal prohibition other than a minor traffic offense; 13
(3) a violation of a no–contact or stay–away order; [or] 14
(4) absconding; OR 15
(5) USE OR POSSESSION OF A FIREARM. 16
9–609.2. 17
BEFORE RELEASE OF AN INCARCERATED INDIVID UAL FROM A STATE 18
CORRECTIONAL FACILIT Y, THE COMMISSIONER OF CORRECTION SHALL PROV IDE 19
THE INCARCERATED INDIVIDUAL WITH : 20
(1) A REENTRY KIT, INCLUDING: 21
(I) AT LEAST 1 WEEK OF SUPPLIES FOR BASIC HUMAN NEEDS , 22
INCLUDING TOILETRIES AND CLOTHING ; 23
(II) THE IDENTIFICATION C ARD REQUIRED TO BE I SSUED 24
UNDER § 9–609.1 OF THIS SUBTITLE; 25
(III) 1. CONTACT IN FORMATION FOR ENTITI ES THAT 26
SPECIALIZE IN PROVID ING REENTRY SERVICES , HOUSING ASSISTANCE , SUBSTANCE 27
USE DISORDER TREATME NT, AND MENTAL HEALTH SE RVICES; AND 28
4 HOUSE BILL 316
2. IF THE INCARCERATED INDIVIDUAL IS NOT EL IGIBLE 1
FOR MEDICAID BENEFITS , CONTACT INFORMATION FOR THE MARYLAND HEALTH 2
BENEFIT EXCHANGE; AND 3
(IV) PUBLIC TRANSPORTATIO N INFORMATION , INCLUDING 4
LOCAL PUBLIC TRANSPO RTATION SCHEDULES AN D MAPS; AND 5
(2) IF THE INCARCERATED INDIVIDUAL IS ELIGIB LE FOR MEDICAID 6
BENEFITS, ASSISTANCE IN OBTAIN ING MEDICAID BENEFITS . 7
Article – Criminal Law 8
4–204. 9
(a) (1) In this section[, “firearm”] THE FOLLOWING WORDS HAVE THE 10
MEANINGS INDICATED . 11
(2) (I) “FIREARM” means: 12
[(i)] 1. a weapon that expels, is designed to expel, or may readily 13
be converted to expel a projectile by the action of an explosive; or 14
[(ii)] 2. the frame or receiver of such a weapon. 15
[(2)] (II) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 16
short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 17
loaded or unloaded. 18
(3) “USE A FIREARM” DOES NOT INCLUDE THE MERE POSSESSION OF 19
A FIREARM. 20
(b) A person may not use a firearm in the commission of a crime of violence, as 21
defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 22
operable or inoperable at the time of the crime. 23
(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 24
FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 25
shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 26
(ii) The court may not impose less than the minimum sentence of 5 27
years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the 28
person is not eligible for parole in less than 5 years. 29
(2) For each subsequent violation, the sentence shall be consecutive to and 30
not concurrent with any other sentence imposed for the crime of violence or felony. 31
HOUSE BILL 316 5
4–306. 1
(b) (1) IN THIS SUBSECTION , “USES” DOES NOT INCLUDE MER E 2
POSSESSION. 3
(2) A person who uses an assault weapon, a rapid fire trigger activator, or 4
a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 5
of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 6
of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 7
for the felony or crime of violence, shall be sentenced under this subsection. 8
[(2)] (3) (i) For a first violation, the person shall be sentenced to 9
imprisonment for not less than 5 years and not exceeding 20 years. 10
(ii) The court may not impose less than the minimum sentence of 5 11
years. 12
(iii) The mandatory minimum sentence of 5 years may not be 13
suspended. 14
(iv) Except as otherwise provided in § 4–305 of the Correctional 15
Services Article, the person is not eligible for parole in less than 5 years. 16
[(3)] (4) (i) For each subsequent violation, the person shall be 17
sentenced to imprisonment for not less than 10 years and not exceeding 20 years. 18
(ii) The court may not impose less than the minimum sentence of 10 19
years. 20
(iii) A sentence imposed under this paragraph shall be consecutive to 21
and not concurrent with any other sentence imposed for the felony or crime of violence. 22
4–404. 23
(a) A person may not use or possess a machine gun in the commission or 24
attempted commission of a FELONY OR crime of violence. 25
(b) A person who violates this section is guilty of a felony and on conviction is 26
subject to imprisonment not exceeding 20 years. 27
14–101. 28
(a) In this section, “crime of violence” means: 29
(1) abduction; 30
6 HOUSE BILL 316
(2) arson in the first degree; 1
(3) kidnapping; 2
(4) manslaughter, except involuntary manslaughter; 3
(5) mayhem; 4
(6) maiming, as previously proscribed under former Article 27, §§ 385 and 5
386 of the Code; 6
(7) murder; 7
(8) rape; 8
(9) robbery under § 3–402 or § 3–403 of this article; 9
(10) carjacking; 10
(11) armed carjacking; 11
(12) sexual offense in the first degree; 12
(13) sexual offense in the second degree; 13
(14) use of a firearm in the commission of a felony [except possession with 14
intent to distribute a controlled dangerous substance under § 5–602(2) of this article,] or 15
other crime of violence; 16
(15) child abuse in the first degree under § 3–601 of this article; 17
(16) sexual abuse of a minor under § 3–602 of this article if: 18
(i) 1. the victim is under the age of 13 years and the offender is 19
an adult at the time of the offense; or 20
2. the offender is at least 21 years old and the victim is under 21
the age of 16 years; and 22
(ii) the offense involved: 23
1. vaginal intercourse, as defined in § 3–301 of this article; 24
2. a sexual act, as defined in § 3–301 of this article; 25
3. an act in which a part of the offender’s body penetrates, 26
however slightly, into the victim’s genital opening or anus; or 27 HOUSE BILL 316 7
4. the intentional touching of the victim’s or the offender’s 1
genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 2
(17) home invasion under § 6–202(b) of this article; 3
(18) a felony offense under Title 3, Subtitle 11 of this article; 4
(19) an attempt to commit any of the crimes described in items (1) through 5
(18) of this subsection; 6
(20) continuing course of conduct with a child under § 3–315 of this article; 7
(21) assault in the first degree; 8
(22) assault with intent to murder; 9
(23) assault with intent to rape; 10
(24) assault with intent to rob; 11
(25) assault with intent to commit a sexual offense in the first degree; and 12
(26) assault with intent to commit a sexual offense in the second degree. 13
Article – Public Safety 14
5–133. 15
(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 16
regulated firearm if the person: 17
[(1)] (I) has been convicted of a disqualifying crime; 18
[(2)] (II) has been convicted of a violation classified as a common law 19
crime and received a term of imprisonment of more than 2 years; 20
[(3) (i)] (III) 1. has been convicted on or after October 1, 2023, of a 21
second or subsequent violation of § 4–104 of the Criminal Law Article; or 22
[(ii)] 2. has been convicted on or after October 1, 2023, of a 23
violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a 24
loaded firearm by a minor causing death or serious bodily injury to the minor or another 25
person; 26
8 HOUSE BILL 316
[(4)] (IV) subject to subsection (b–1) of this section, is on supervised 1
probation after being convicted: 2
[(i)] 1. of a crime punishable by imprisonment for 1 year or more; 3
[(ii)] 2. for a violation of § 21–902(b) or (c) of the Transportation 4
Article; or 5
[(iii)] 3. for violating a protective order under § 4–509 of the Family 6
Law Article; 7
[(5)] (V) is a fugitive from justice; 8
[(6)] (VI) is a habitual drunkard; 9
[(7)] (VII) is addicted to a controlled dangerous substance or is a habitual 10
user; 11
[(8)] (VIII) suffers from a mental disorder as defined in § 10–101(i)(2) of the 12
Health – General Article and has a history of violent behavior against the person or 13
another; 14
[(9)] (IX) has been found incompetent to stand trial under § 3–106 of the 15
Criminal Procedure Article; 16
[(10)] (X) has been found not criminally responsible under § 3–110 of the 17
Criminal Procedure Article; 18
[(11)] (XI) has been voluntarily admitted for more than 30 consecutive days 19
to a facility as defined in § 10–101 of the Health – General Article; 20
[(12)] (XII) has been involuntarily committed to a facility as defined in § 21
10–101 of the Health – General Article; 22
[(13)] (XIII) is under the protection of a guardian appointed by a court under 23
§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 24
appointment of a guardian is solely a result of a physical disability; 25
[(14)] (XIV) except as provided in subsection (e) of this section, is a 26
respondent against whom: 27
[(i)] 1. a current non ex parte civil protective order has been 28
entered under § 4–506 of the Family Law Article; or 29
HOUSE BILL 316 9
[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 1
Family Law Article, has been issued by a court of another state or a Native American tribe 2
and is in effect; or 3
[(15)] (XV) if under the age of 30 years at the time of possession, has been 4
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 5
committed by an adult. 6
(2) (I) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 7
A PERSON WHO VIOLATE S THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON 8
CONVICTION IS SUBJEC T TO: 9
1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 10
SUBPARAGRAPH , IMPRISONMENT NOT EXC EEDING 5 YEARS OR A F INE NOT 11
EXCEEDING $10,000 OR BOTH; AND 12
2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 13
FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT EXC EEDING 10 14
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 15
(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 16
CRIME. 17
(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 18
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 19
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 20
SENTENCE. 21
(3) THE COURT MAY NOT IMP OSE THE PENALTIES UNDER 22
PARAGRAPH (2)(I)2 OF THIS SUBSECTION U NLESS THE STATE’S ATTORNEY SERVES 23
NOTICE ON THE DEFEND ANT OR THE DEFENDANT ’S COUNSEL BEFORE THE 24
ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CO NTENDERE OR AT LEAST 15 DAYS 25
BEFORE TRIAL THAT : 26
(I) THE STATE WILL SEEK THE PENALT IES UNDER PARAGRAPH 27
(2)(I)2 OF THIS SUBSECTION ; AND 28
(II) LISTS THE ALLEGED PR IOR CONVICTIONS . 29
(b–1) Subsection [(b)(4)] (B)(1)(IV) of this section may not be construed to prohibit 30
possession of a regulated firearm by a person who was not convicted of but received only 31
probation before judgment for an offense listed in subsection [(b)(4)] (B)(1)(IV) of this 32
section. 33
5–134. 34 10 HOUSE BILL 316
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 1
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 2
or has reasonable cause to believe: 3
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 4
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 5
(2) has been convicted of a disqualifying crime; 6
(3) has been convicted of a conspiracy to commit a felony; 7
(4) has been convicted of a violation classified as a common law crime and 8
received a term of imprisonment of more than 2 years; 9
(5) is a fugitive from justice; 10
(6) is a habitual drunkard; 11
(7) is addicted to a controlled dangerous substance or is a habitual user; 12
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 13
– General Article, and has a history of violent behavior against the purchaser, lessee, 14
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 15
possesses a physician’s certificate that the recipient is capable of possessing a regulated 16
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 17
another; 18
(9) has been confined for more than 30 consecutive days to a facility as 19
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 20
or transferee possesses a physician’s certificate that the recipient is capable of possessing 21
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 22
or to another; 23
(10) is a respondent against whom a current non ex parte civil protective 24
order has been entered under § 4–506 of the Family Law Article; 25
(11) if under the age of 30 years at the time of the transaction, has been 26
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 27
committed by an adult; 28
(12) is visibly under the influence of alcohol or drugs; 29
(13) is a participant in a straw purchase; 30
(14) subject to subsection (c) of this section for a transaction under this 31
subsection that is made on or after January 1, 2002, has not completed a certified firearms 32 HOUSE BILL 316 11
safety training course conducted free of charge by the Maryland Police Training and 1
Standards Commission or that meets standards established by the Maryland Police 2
Training and Standards Commission under § 3–207 of this article; or 3
(15) intends to use the regulated firearm to: 4
(i) commit a crime; or 5
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 6
another person. 7
(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 8
TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 9
TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 10
THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE INTEND S TO USE THE 11
REGULATED FIREARM TO : 12
(I) COMMIT A CRIME ; OR 13
(II) CAUSE HARM TO THE PURCHASER , LESSEE, TRANSFEREE , 14
OR RECIPIENT OR ANOT HER PERSON. 15
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 16
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 17
YEARS. 18
(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME. 19
(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 20
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 21
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 22
SENTENCE. 23
(5) A DEFENDANT CHARGED WI TH VIOLATING TH IS SUBSECTION 24
SHALL ALSO BE CHARGE D WITH VIOLATING SUB SECTION (B) OF THIS SECTION. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 26
measure, is necessary for the immediate preservation of the public health or safety, has 27
been passed by a yea and nay vote supported by three–fifths of all the members elected to 28
each of the two Houses of the General Assembly, and shall take effect from the date it is 29
enacted. 30