EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0135*
HOUSE BILL 135
E1, E2 5lr0963
(PRE–FILED) CF 5lr0964
By: Delegate Conaway
Requested: September 26, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Theft – Mail and Packages 2
(Porch Piracy Act of 2025) 3
FOR the purpose of prohibiting the theft of mail or packages; requiring the Central 4
Collections Unit to take certain actions on certain overdue restitution; and generally 5
relating to theft of mail and packages. 6
BY adding to 7
Article – Criminal Law 8
Section 7–106.1 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Procedure 13
Section 11–616(a) and (c) through (e) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Procedure 18
Section 11–616(b) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Criminal Law 24
2 HOUSE BILL 135
7–106.1. 1
(A) IN THIS SECTION, “MAIL OR PACKAGE ” MEANS AN ITEM DELIVE RED OR 2
LEFT TO BE COLLECTED BY THE UNITED STATES POSTAL SERVICE OR A DELIVERY 3
SERVICE COMPANY THAT DELIVER S TANGIBLE PERSONAL PROPERTY. 4
(B) A PERSON MAY NOT KNOWINGLY OR WIL LFULLY AND WITHOUT 5
PERMISSION OF THE IN TENDED RECIPIENT OF THE MAIL OR PACKAGE OBTAIN OR 6
EXERT CONTROL OVER M AIL OR A PACKAGE DEL IVERED TO ANOTHER WITH THE 7
INTENT TO DEPRIVE TH E OWNER OF THE MAIL OR PACKAGE. 8
(C) (1) A PERSON WHO VIOLATES THIS SECTIO N IS GUILTY OF A FEL ONY 9
AND ON CONVICTION IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 YEARS. 10
(2) AS A CONDITION OF SEN TENCING, THE COURT SHALL ORDE R THE 11
DEFENDANT TO : 12
(I) RESTORE THE MAIL OR PACKAGE TAKEN TO THE PERSON TO 13
WHOM THE MAIL OR PACKAGE IS A DDRESSED; OR 14
(II) PAY RESTITUTION FOR THE VALUE OF THE MAIL OR 15
PACKAGE UNDER TITLE 11, SUBTITLE 6 OF THE CRIMINAL PROCEDURE ARTICLE. 16
Article – Criminal Procedure 17
11–616. 18
(a) The Division or the Department of Juvenile Services: 19
(1) in addition to other actions authorized under Part I of this subtitle, may 20
refer an overdue restitution account for collection to the Central Collection Unit; and 21
(2) if probation or other supervision is terminated and restitution is still 22
owed, shall refer the overdue restitution account for collection to the Central Collection 23
Unit. 24
(b) (1) Subject to subsection (c) of this section, the Central Collection Unit 25
may: 26
[(1)] (I) collect overdue restitution in accordance with Title 3, Subtitle 3 27
of the State Finance and Procurement Article; and 28
[(2)] (II) certify a restitution obligor who is in arrears on restitution 29
payments exceeding $30 under the judgment of restitution to: 30
HOUSE BILL 135 3
[(i)] 1. the Comptroller for income tax refund interception in 1
accordance with Title 13, Subtitle 9, Part III of the Tax – General Article; and 2
[(ii)] 2. the State Lottery and Gaming Control Agency for State 3
lottery prize and video lottery facility prize payout interception in accordance with § 4
11–618 of this subtitle. 5
(2) THE CENTRAL COLLECTION UNIT SHALL REPORT ANY OVERDUE 6
RESTITUTION OWED IN RELATION TO A VIOLAT ION OF § 7–106.1 OF THE CRIMINAL 7
LAW ARTICLE TO CONSUMER REPORTING A GENCIES, AS DEFINED IN § 14–1201 OF 8
THE COMMERCIAL LAW ARTICLE. 9
(c) (1) The Central Collection Unit may not compromise and settle a judgment 10
of restitution unless: 11
(i) the Division or the Department of Juvenile Services obtains the 12
consent of the victim; or 13
(ii) the court orders otherwise because a victim cannot be located. 14
(2) The Division or the Department of Juvenile Services shall contact the 15
victim to determine whether the victim consents to compromise and settle a judgment of 16
restitution. 17
(d) If complete restitution and interest have been paid or a judgment of restitution 18
has been compromised and settled as provided in subsection (c) of this section, the Division, 19
the Department of Juvenile Services, or the Central Collection Unit immediately shall 20
notify: 21
(1) the court that issued the judgment by filing the statement as provided 22
under § 11–608(c) of this subtitle that the judgment has been satisfied; and 23
(2) the last known employer of a restitution obligor to terminate an 24
earnings withholding order issued under § 11–617 of this subtitle. 25
(e) (1) Restitution is overdue if the restitution or a restitution payment is not 26
paid: 27
(i) by the date that the court orders; or 28
(ii) if no date is ordered, by the later of: 29
1. the date the Division or the Department of Juvenile 30
Services directs the restitution obligor to pay restitution or make a restitution payment; or 31
2. 30 days after the court enters a judgment of restitution. 32 4 HOUSE BILL 135
(2) If restitution is overdue, the amount of the arrearage is the amount of 1
restitution ordered and any interest allowed by law, minus any amount previously paid or 2
received under the judgment of restitution. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5