EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1188*
HOUSE BILL 1188
E4, E2, E5 5lr3184
By: Delegates Miller, Buckel, Hornberger, Mangione, McComas, T. Morgan, Pippy,
Rose, Tomlinson, Valentine, and Wivell
Introduced and read first time: February 6, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Immigration Enforcement – Cooperation 2
FOR the purpose of requiring law enforcement agencies, law enforcement agents, and local 3
detention facilities that take custody of an individual to run a certain search on the 4
individual, make a certain notice to federal immigration authorities, and cooperate 5
with federal immigration authorities in regards to certain individuals; prohibiting 6
the State, a unit of local government, a county sheriff, or an agency of the State or a 7
unit of local government from adopting, implementing, or enforcing certain policies; 8
and generally relating to cooperation with federal immigration authorities. 9
BY repealing 10
Article – Criminal Procedure 11
Section 5–104 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Criminal Procedure 16
Section 5–104 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That Section(s) 5–104 of Article – Criminal Procedure of the Annotated Code of Maryland 21
be repealed. 22
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
as follows: 24
Article – Criminal Procedure 25 2 HOUSE BILL 1188
5–104. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 4
3–201 OF THE PUBLIC SAFETY ARTICLE. 5
(3) “LAW ENFORCEMENT AGENT ” MEANS AN INDIVIDUAL WHO IS 6
CERTIFIED BY THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 7
UNDER § 3–209 OF THE PUBLIC SAFETY ARTICLE. 8
(B) (1) WHENEVER A LAW ENFORC EMENT AGENCY , LAW ENFORCEMENT 9
AGENT, OR LOCAL DETENTION F ACILITY TAKES CUSTOD Y OF AN INDIVIDUAL , THE 10
LAW ENFORCEMENT AGEN CY, LAW ENFORCEMENT AGEN T, OR LOCAL DETENTION 11
FACILITY SHALL RUN A SEARCH OF THE INDIVI DUAL IN THE NATIONAL CRIME 12
INFORMATION CENTER (NCIC). 13
(2) IF THE SEARCH REQ UIRED BY PARAGRAPH (1) OF THIS 14
SUBSECTION REVEALS T HAT AN INDIVIDUAL WH O IS NOT LAWFULLY PRESENT IN 15
THE UNITED STATES IS THE SUBJECT OF AN OUTSTANDING CR IMINAL WARRANT , 16
THE LAW ENFORCEMENT AGENCY, LAW ENFORCEMENT AGEN T, OR LOCAL 17
DETENTION FACILITY : 18
(I) SHALL NOTIFY FEDERAL IMMIG RATION AUTHORITIES : 19
1. THAT THE LAW ENFORCE MENT AGENCY , LAW 20
ENFORCEMENT AGENT , OR LOCAL DETENTION F ACILITY HAS TAKEN CU STODY OF 21
THE INDIVIDUAL ; AND 22
2. OF THE DETAILS OF TH E CUSTODY, INCLUDING, IF 23
APPLICABLE, INFORMATION ON THE PLANNED RELEA SE OF THE INDIVIDUAL ; AND 24
(II) IF REQUESTED BY FEDE RAL IMMIGRATION AUTH ORITIES, 25
SHALL: 26
1. RETAIN CUSTODY OF TH E INDIVIDUAL FOR UP TO 48 27
HOURS BEYOND THE PLA NNED RELEASE OF THE INDIVIDUAL; AND 28
2. COOPERATE WITH FEDER AL IMM IGRATION 29
AUTHORITIES TO ARRAN GE FOR THE TRANSFER OF THE INDIVIDUAL TO FEDERAL 30
IMMIGRATION AUTHORIT IES. 31 HOUSE BILL 1188 3
(C) DURING AN INVESTIGATI ON UNDER THIS SECTIO N, A LAW 1
ENFORCEMENT AGENCY , LAW ENFORCEMENT AGEN T, OR LOCAL DETENTION 2
FACILITY SHALL PROVI DE AN INTERPRET ER FOR ANY INDIVIDUA L WHO REQUIRES 3
ONE TO EFFECTIVELY C OMMUNICATE . 4
(D) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR AN 5
AGENCY OF THE STATE OR A UNIT OF LO CAL GOVERNMENT MAY N OT ADOPT, 6
IMPLEMENT, OR ENFORCE ANY POLIC Y THAT LIMITS OR PRO HIBITS COOPERATION 7
WITH FEDERAL IMMIGRA TION AUTHORITIES IN THE INVESTIGATION OR 8
APPREHENSION OF INDI VIDUALS WITH OUTSTANDING CRI MINAL WARRANTS WHO 9
ARE NOT LAWFULLY PRE SENT IN THE UNITED STATES. 10
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take e ffect 11
October 1, 2025. 12