EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0014*
HOUSE BILL 14
E2 5lr0972
(PRE–FILED)
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 Procedure – Theft – Notification of Victims and Victims’ 2
Representatives 3
FOR the purpose of requiring a prosecuting attorney of certain thefts to notify the victim 4
or the victim’s representative about certain information related to court proceedings; 5
and generally relating to notification to victims and victims’ representatives. 6
BY repealing and reenacting, without amendments, 7
Article – Criminal Law 8
Section 7–104(g)(2) and (3) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Procedure 13
Section 11–104 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED B Y THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Criminal Law 19
7–104. 20
(g) (2) Except as provided in paragraph (3) of this subsection, a person 21
convicted of theft of property or services with a value of at least $100 but less than $1,500, 22
is guilty of a misdemeanor and: 23
2 HOUSE BILL 14
(i) is subject to: 1
1. for a first conviction, imprisonment not exceeding 6 2
months or a fine not exceeding $500 or both; and 3
2. for a second or subsequent conviction, imprisonment not 4
exceeding 1 year or a fine not exceeding $500 or both; and 5
(ii) shall restore the property taken to the owner or pay the owner 6
the value of the property or services. 7
(3) A person convicted of theft of property or services with a value of less 8
than $100 is guilty of a misdemeanor and: 9
(i) is subject to imprisonment not exceeding 90 days or a fine not 10
exceeding $500 or both; and 11
(ii) shall restore the property taken to the owner or pay the owner 12
the value of the property or services. 13
Article – Criminal Procedure 14
11–104. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “DNA” has the meaning stated in § 2–501 of the Public Safety Article. 17
(3) “Statewide DNA database system” has the meaning stated in § 2–501 18
of the Public Safety Article. 19
(4) “Victim” means a person who suffers actual or threatened physical, 20
emotional, or financial harm as a direct result of a crime or delinquent act. 21
(5) “Victim’s representative” includes a family member or guardian of a 22
victim who is: 23
(i) a minor; 24
(ii) deceased; or 25
(iii) disabled. 26
(b) On first contact with a victim or victim’s representative, a law enforcement 27
officer, District Court commissioner, or juvenile intake officer shall give the victim or the 28
victim’s representative the pamphlet described in § 11–914(9)(i) of this title. 29
HOUSE BILL 14 3
(c) Unless to do so would impede or compromise an ongoing investigation or the 1
victim’s representative is a suspect or a person of interest in the criminal investigation of 2
the crime involving the victim, on written request of a victim of a crime of violence as 3
defined in § 14–101 of the Criminal Law Article or the victim’s representative, the 4
investigating law enforcement agency shall give the victim or the victim’s representative 5
timely notice as to: 6
(1) whether an evidentiary DNA profile was obtained from evidence in the 7
case; 8
(2) when any evidentiary DNA profile developed in the case was entered 9
into the DNA database system; and 10
(3) when any confirmed match of the DNA profile, official DNA case report, 11
or DNA hit report is received. 12
(d) (1) Within 10 days after the filing or the unsealing of an indictment or 13
information in circuit court, whichever is later, the prosecuting attorney shall: 14
(i) mail or deliver to the victim or victim’s representative the 15
pamphlet described in § 11–914(9)(ii) of this title and the notification request form 16
described in § 11–914(10) of this title; and 17
(ii) certify to the clerk of the court that the prosecuting attorney has 18
complied with this paragraph or is unable to identify the victim or victim’s representative. 19
(2) If the prosecuting attorney files a petition alleging that a child is 20
delinquent for committing an act that could only be tried in the circuit court if committed 21
by an adult, the prosecuting attorney shall: 22
(i) inform the victim or victim’s representative of the right to 23
request restitution under § 11–606 of this title; 24
(ii) mail or deliver to the victim or victim’s representative the 25
notification request form described in § 11–914(10) of this title; and 26
(iii) certify to the clerk of the juvenile court that the prosecuting 27
attorney has complied with this paragraph or is unable to identify the victim or victim’s 28
representative. 29
(3) For cases described under this subsection, the prosecuting attorney 30
may provide a State’s witness in the case with the guidelines for victims, victims’ 31
representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title. 32
(e) (1) A victim or victim’s representative may: 33
4 HOUSE BILL 14
(i) file a completed notification request form with the prosecuting 1
attorney; or 2
(ii) follow the MDEC system protocol to request notice. 3
(2) (i) If the jurisdiction has not implemented the MDEC system, the 4
prosecuting attorney shall send a copy of the completed notification request form to the 5
clerk of the circuit court or juvenile court. 6
(ii) If the jurisdiction has implemented the MDEC system and the 7
victim or victim’s representative has filed a completed notification request form, the 8
prosecuting attorney shall electronically file the form with the clerk of the circuit court or 9
juvenile court in the MDEC system. 10
(3) By filing a completed notification request form or completing the MDEC 11
system protocol, a victim or victim’s representative complies with Article 47 of the 12
Maryland Declaration of Rights and each provision of the Code that requires a victim or 13
victim’s representative to request notice. 14
(4) To keep the address and electronic mail address of a victim or victim’s 15
representative confidential, the victim or victim’s representative shall: 16
(i) designate in the notification request form a person who has 17
agreed to receive notice for the victim or victim’s representative; or 18
(ii) request as part of the MDEC system protocol, without filing a 19
motion to seal, that the address and electronic mail address remain confidential and 20
available, as necessary to only: 21
1. the court; 22
2. the prosecuting attorney; 23
3. the Department of Public Safety and Correctional 24
Services; 25
4. the Department of Juvenile Services; 26
5. the attorney of the victim or victim’s representative; 27
6. the State’s Victim Information and Notification Everyday 28
vendor; and 29
7. a commitment unit that a court orders to retain custody of 30
an individual. 31
HOUSE BILL 14 5
(f) (1) Unless provided by the MDEC system, the prosecuting attorney shall 1
send a victim or victim’s representative prior notice of each court proceeding in the case, of 2
the terms of any plea agreement, and of the right of the victim or victim’s representative to 3
submit a victim impact statement to the court under § 11–402 of this title if: 4
(i) prior notice is practicable; and 5
(ii) the victim or victim’s representative has filed a notification 6
request form or followed the MDEC system protocol under subsection (e) of this section. 7
(2) (i) If the case is in a jurisdiction in which the office of the clerk of 8
the circuit court or juvenile court has an automated filing system, the prosecuting attorney 9
may ask the clerk to send the notice required by paragraph (1) of this subsection. 10
(ii) If the case is in a jurisdiction that has implemented the MDEC 11
system, the victim may follow the MDEC system protocol to receive notice by electronic 12
mail, to notify the prosecuting attorney, and to request additional notice available through 13
the State’s Victim Information and Notification Everyday vendor. 14
(3) As soon after a proceeding as practicable, the prosecuting attorney shall 15
tell the victim or victim’s representative of the terms of any plea agreement, judicial action, 16
and proceeding that affects the interests of the victim or victim’s representative, including 17
a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, 18
stetting of charges, trial, disposition, and postsentencing court proceeding if: 19
(i) the victim or victim’s representative has filed a notification 20
request form or followed the MDEC system protocol under subsection (e) of this section and 21
prior notice to the victim or victim’s representative is not practicable; or 22
(ii) the victim or victim’s representative is not present at the 23
proceeding. 24
(4) Whether or not the victim or victim’s representative has filed a 25
notification request form or followed the MDEC system protocol under subsection (e) of this 26
section, the prosecuting attorney may give the victim or victim’s representative information 27
about the status of the case if the victim or victim’s representative asks for the information. 28
(5) WHETHER OR NOT THE VI CTIM OR VICTIM’S REPRESENTATIVE 29
HAS FILED A NOTIFICA TION REQUEST FORM OR FOLLOWED THE MDEC SYSTEM 30
PROTOCOL UNDER SUBSE CTION (E) OF THIS SECTION , IF THE INDIVIDUAL IS A 31
VICTIM OF A CRIME UN DER § 7–104(G)(2) OR (3) OF THE CRIMINAL LAW ARTICLE, 32
THE PROSECUTING ATT ORNEY SHALL NOTIFY THE VIC TIM OR THE VICTIM ’S 33
REPRESENTATIVE OF : 34
(I) EACH COURT PROCEEDIN G RELATED TO THE CAS E; 35
6 HOUSE BILL 14
(II) THE RIGHT OF THE VIC TIM TO SUBMIT A VICT IM IMPACT 1
STATEMENT; 2
(III) ANY POSTTRIAL COURT PROCEEDING S RELATED TO THE 3
CASE; 4
(IV) ANY APPEAL RELATED T O THE CASE; AND 5
(V) ANY SENTENCE REVIEW RELATED TO THE CASE . 6
(g) If a victim or victim’s representative has filed a notification request form or 7
followed the MDEC system protocol under subsection (e) of this section, the clerk of the 8
circuit court or juvenile court: 9
(1) shall include a copy of the form with any commitment order or 10
probation order that is passed or electronically transmit the form or the registration 11
information for the victim or the victim’s representative through the MDEC system; and 12
(2) if an appeal is filed, shall send a copy of the form or electronically 13
transmit the form or the registration information for the victim or the victim’s 14
representative through the MDEC system to the Attorney General and the court to which 15
the case has been appealed. 16
(h) This section does not prohibit a victim or victim’s representative from filing a 17
notification request form with a unit to which a defendant or child respondent has been 18
committed. 19
(i) (1) After filing a notification request form under subsection (e) of this 20
subsection OR RECEIVING NOTIFIC ATION UNDER SUBSECTI ON (F)(5) OF THIS 21
SECTION, a victim or victim’s representative may discontinue further notices by filing a 22
written request with: 23
(i) the prosecuting attorney, if the case is still in a circuit court or 24
juvenile court; or 25
(ii) the unit to which the defendant or child respondent has been 26
committed, if a commitment order has been issued in the case. 27
(2) After following the MDEC system protocol for electronic notices, a 28
victim or victim’s representative may discontinue further notices by following the MDEC 29
system protocol to terminate notice. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2025. 32