EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1356*
HOUSE BILL 1356
E2 5lr2915
By: Delegates Reilly, Arentz, Arikan, Chisholm, Griffith, Hutchinson, Mangione,
Miller, T. Morgan, Nawrocki, Otto, Pippy, and Rose
Introduced and read first time: February 7, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Pretrial Release – Bail 2
FOR the purpose of prohibiting a District Court commissioner from authorizing the pretrial 3
release of a defendant on personal recognizance or unsecured bail under certain 4
circumstances; authorizing a judge to authorize the pretrial release of a certain 5
defendant on secured bail and certain conditions; and generally relating to pretrial 6
release and bail. 7
BY adding to 8
Article – Criminal Procedure 9
Section 5–202(h) 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Procedure 15
5–202. 16
(H) (1) A DISTRICT COURT COMMISSIONER MA Y NOT AUTHORIZE THE 17
PRETRIAL RELEASE OF A DEFENDANT ON PERSONAL RECOGNIZ ANCE OR 18
UNSECURED BAIL IF THE DEFENDANT HAS PREVIOUSLY: 19
(I) BEEN CHARGED WITH COMMITT ING A CRIME FOR WHICH 20
THE DEFENDANT WAS RELEASED ON UNSECURE D BAIL WITHIN THE PREVIOUS 5 21
YEARS; OR 22
2 HOUSE BILL 1356
(II) FAILED TO APPEAR IN COURT A S REQUIRED WHILE 1
RELEASED ON UNSECURED BAIL. 2
(2) A JUDGE MAY AUTHORIZE THE PRETRIAL RELEASE OF A 3
DEFENDANT DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION O N: 4
(I) SECURED BAIL; AND 5
(II) ANY OTHER CONDITIONS THAT WILL REASONABLY ENSURE 6
THAT THE DEFENDANT W ILL NOT FLEE OR POSE A DANGER TO ANOTHER PERSON OR 7
THE COMMUNITY . 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2025. 10