Maryland 2025 Regular Session

Maryland House Bill HB14 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0014
6	6
7	7	HOUSE BILL 14
8	8	E2 5lr0972
9	9	(PRE–FILED)
10	10	By: Delegate Conaway
11	11	Requested: September 26, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Procedure – Theft – Notification of Victims and Victims’ 2
20	20	Representatives 3
21	21
22	22	FOR the purpose of requiring a prosecuting attorney of certain thefts to notify the victim 4
23	23	or the victim’s representative about certain information related to court proceedings; 5
24	24	and generally relating to notification to victims and victims’ representatives. 6
25	25
26	26	BY repealing and reenacting, without amendments, 7
27	27	Article – Criminal Law 8
28	28	Section 7–104(g)(2) and (3) 9
29	29	Annotated Code of Maryland 10
30	30	(2021 Replacement Volume and 2024 Supplement) 11
31	31
32	32	BY repealing and reenacting, with amendments, 12
33	33	Article – Criminal Procedure 13
34	34	Section 11–104 14
35	35	Annotated Code of Maryland 15
36	36	(2018 Replacement Volume and 2024 Supplement) 16
37	37
38	38	SECTION 1. BE IT ENACTED B Y THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	That the Laws of Maryland read as follows: 18
40	40
41	41	Article – Criminal Law 19
42	42
43	43	7–104. 20
44	44
45	45	(g) (2) Except as provided in paragraph (3) of this subsection, a person 21
46	46	convicted of theft of property or services with a value of at least $100 but less than $1,500, 22
47	47	is guilty of a misdemeanor and: 23
48	48	2 HOUSE BILL 14
49	49
50	50
51	51	(i) is subject to: 1
52	52
53	53	1. for a first conviction, imprisonment not exceeding 6 2
54	54	months or a fine not exceeding $500 or both; and 3
55	55
56	56	2. for a second or subsequent conviction, imprisonment not 4
57	57	exceeding 1 year or a fine not exceeding $500 or both; and 5
58	58
59	59	(ii) shall restore the property taken to the owner or pay the owner 6
60	60	the value of the property or services. 7
61	61
62	62	(3) A person convicted of theft of property or services with a value of less 8
63	63	than $100 is guilty of a misdemeanor and: 9
64	64
65	65	(i) is subject to imprisonment not exceeding 90 days or a fine not 10
66	66	exceeding $500 or both; and 11
67	67
68	68	(ii) shall restore the property taken to the owner or pay the owner 12
69	69	the value of the property or services. 13
70	70
71	71	Article – Criminal Procedure 14
72	72
73	73	11–104. 15
74	74
75	75	(a) (1) In this section the following words have the meanings indicated. 16
76	76
77	77	(2) “DNA” has the meaning stated in § 2–501 of the Public Safety Article. 17
78	78
79	79	(3) “Statewide DNA database system” has the meaning stated in § 2–501 18
80	80	of the Public Safety Article. 19
81	81
82	82	(4) “Victim” means a person who suffers actual or threatened physical, 20
83	83	emotional, or financial harm as a direct result of a crime or delinquent act. 21
84	84
85	85	(5) “Victim’s representative” includes a family member or guardian of a 22
86	86	victim who is: 23
87	87
88	88	(i) a minor; 24
89	89
90	90	(ii) deceased; or 25
91	91
92	92	(iii) disabled. 26
93	93
94	94	(b) On first contact with a victim or victim’s representative, a law enforcement 27
95	95	officer, District Court commissioner, or juvenile intake officer shall give the victim or the 28
96	96	victim’s representative the pamphlet described in § 11–914(9)(i) of this title. 29
97	97	HOUSE BILL 14 3
98	98
99	99
100	100	(c) Unless to do so would impede or compromise an ongoing investigation or the 1
101	101	victim’s representative is a suspect or a person of interest in the criminal investigation of 2
102	102	the crime involving the victim, on written request of a victim of a crime of violence as 3
103	103	defined in § 14–101 of the Criminal Law Article or the victim’s representative, the 4
104	104	investigating law enforcement agency shall give the victim or the victim’s representative 5
105	105	timely notice as to: 6
106	106
107	107	(1) whether an evidentiary DNA profile was obtained from evidence in the 7
108	108	case; 8
109	109
110	110	(2) when any evidentiary DNA profile developed in the case was entered 9
111	111	into the DNA database system; and 10
112	112
113	113	(3) when any confirmed match of the DNA profile, official DNA case report, 11
114	114	or DNA hit report is received. 12
115	115
116	116	(d) (1) Within 10 days after the filing or the unsealing of an indictment or 13
117	117	information in circuit court, whichever is later, the prosecuting attorney shall: 14
118	118
119	119	(i) mail or deliver to the victim or victim’s representative the 15
120	120	pamphlet described in § 11–914(9)(ii) of this title and the notification request form 16
121	121	described in § 11–914(10) of this title; and 17
122	122
123	123	(ii) certify to the clerk of the court that the prosecuting attorney has 18
124	124	complied with this paragraph or is unable to identify the victim or victim’s representative. 19
125	125
126	126	(2) If the prosecuting attorney files a petition alleging that a child is 20
127	127	delinquent for committing an act that could only be tried in the circuit court if committed 21
128	128	by an adult, the prosecuting attorney shall: 22
129	129
130	130	(i) inform the victim or victim’s representative of the right to 23
131	131	request restitution under § 11–606 of this title; 24
132	132
133	133	(ii) mail or deliver to the victim or victim’s representative the 25
134	134	notification request form described in § 11–914(10) of this title; and 26
135	135
136	136	(iii) certify to the clerk of the juvenile court that the prosecuting 27
137	137	attorney has complied with this paragraph or is unable to identify the victim or victim’s 28
138	138	representative. 29
139	139
140	140	(3) For cases described under this subsection, the prosecuting attorney 30
141	141	may provide a State’s witness in the case with the guidelines for victims, victims’ 31
142	142	representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title. 32
143	143
144	144	(e) (1) A victim or victim’s representative may: 33
145	145	4 HOUSE BILL 14
146	146
147	147
148	148	(i) file a completed notification request form with the prosecuting 1
149	149	attorney; or 2
150	150
151	151	(ii) follow the MDEC system protocol to request notice. 3
152	152
153	153	(2) (i) If the jurisdiction has not implemented the MDEC system, the 4
154	154	prosecuting attorney shall send a copy of the completed notification request form to the 5
155	155	clerk of the circuit court or juvenile court. 6
156	156
157	157	(ii) If the jurisdiction has implemented the MDEC system and the 7
158	158	victim or victim’s representative has filed a completed notification request form, the 8
159	159	prosecuting attorney shall electronically file the form with the clerk of the circuit court or 9
160	160	juvenile court in the MDEC system. 10
161	161
162	162	(3) By filing a completed notification request form or completing the MDEC 11
163	163	system protocol, a victim or victim’s representative complies with Article 47 of the 12
164	164	Maryland Declaration of Rights and each provision of the Code that requires a victim or 13
165	165	victim’s representative to request notice. 14
166	166
167	167	(4) To keep the address and electronic mail address of a victim or victim’s 15
168	168	representative confidential, the victim or victim’s representative shall: 16
169	169
170	170	(i) designate in the notification request form a person who has 17
171	171	agreed to receive notice for the victim or victim’s representative; or 18
172	172
173	173	(ii) request as part of the MDEC system protocol, without filing a 19
174	174	motion to seal, that the address and electronic mail address remain confidential and 20
175	175	available, as necessary to only: 21
176	176
177	177	1. the court; 22
178	178
179	179	2. the prosecuting attorney; 23
180	180
181	181	3. the Department of Public Safety and Correctional 24
182	182	Services; 25
183	183
184	184	4. the Department of Juvenile Services; 26
185	185
186	186	5. the attorney of the victim or victim’s representative; 27
187	187
188	188	6. the State’s Victim Information and Notification Everyday 28
189	189	vendor; and 29
190	190
191	191	7. a commitment unit that a court orders to retain custody of 30
192	192	an individual. 31
193	193	HOUSE BILL 14 5
194	194
195	195
196	196	(f) (1) Unless provided by the MDEC system, the prosecuting attorney shall 1
197	197	send a victim or victim’s representative prior notice of each court proceeding in the case, of 2
198	198	the terms of any plea agreement, and of the right of the victim or victim’s representative to 3
199	199	submit a victim impact statement to the court under § 11–402 of this title if: 4
200	200
201	201	(i) prior notice is practicable; and 5
202	202
203	203	(ii) the victim or victim’s representative has filed a notification 6
204	204	request form or followed the MDEC system protocol under subsection (e) of this section. 7
205	205
206	206	(2) (i) If the case is in a jurisdiction in which the office of the clerk of 8
207	207	the circuit court or juvenile court has an automated filing system, the prosecuting attorney 9
208	208	may ask the clerk to send the notice required by paragraph (1) of this subsection. 10
209	209
210	210	(ii) If the case is in a jurisdiction that has implemented the MDEC 11
211	211	system, the victim may follow the MDEC system protocol to receive notice by electronic 12
212	212	mail, to notify the prosecuting attorney, and to request additional notice available through 13
213	213	the State’s Victim Information and Notification Everyday vendor. 14
214	214
215	215	(3) As soon after a proceeding as practicable, the prosecuting attorney shall 15
216	216	tell the victim or victim’s representative of the terms of any plea agreement, judicial action, 16
217	217	and proceeding that affects the interests of the victim or victim’s representative, including 17
218	218	a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, 18
219	219	stetting of charges, trial, disposition, and postsentencing court proceeding if: 19
220	220
221	221	(i) the victim or victim’s representative has filed a notification 20
222	222	request form or followed the MDEC system protocol under subsection (e) of this section and 21
223	223	prior notice to the victim or victim’s representative is not practicable; or 22
224	224
225	225	(ii) the victim or victim’s representative is not present at the 23
226	226	proceeding. 24
227	227
228	228	(4) Whether or not the victim or victim’s representative has filed a 25
229	229	notification request form or followed the MDEC system protocol under subsection (e) of this 26
230	230	section, the prosecuting attorney may give the victim or victim’s representative information 27
231	231	about the status of the case if the victim or victim’s representative asks for the information. 28
232	232
233	233	(5) WHETHER OR NOT THE VI CTIM OR VICTIM’S REPRESENTATIVE 29
234	234	HAS FILED A NOTIFICA TION REQUEST FORM OR FOLLOWED THE MDEC SYSTEM 30
235	235	PROTOCOL UNDER SUBSE CTION (E) OF THIS SECTION , IF THE INDIVIDUAL IS A 31
236	236	VICTIM OF A CRIME UN DER § 7–104(G)(2) OR (3) OF THE CRIMINAL LAW ARTICLE, 32
237	237	THE PROSECUTING ATT ORNEY SHALL NOTIFY THE VIC TIM OR THE VICTIM ’S 33
238	238	REPRESENTATIVE OF : 34
239	239
240	240	(I) EACH COURT PROCEEDIN G RELATED TO THE CAS E; 35
241	241	6 HOUSE BILL 14
242	242
243	243
244	244	(II) THE RIGHT OF THE VIC TIM TO SUBMIT A VICT IM IMPACT 1
245	245	STATEMENT; 2
246	246
247	247	(III) ANY POSTTRIAL COURT PROCEEDING S RELATED TO THE 3
248	248	CASE; 4
249	249
250	250	(IV) ANY APPEAL RELATED T O THE CASE; AND 5
251	251
252	252	(V) ANY SENTENCE REVIEW RELATED TO THE CASE . 6
253	253
254	254	(g) If a victim or victim’s representative has filed a notification request form or 7
255	255	followed the MDEC system protocol under subsection (e) of this section, the clerk of the 8
256	256	circuit court or juvenile court: 9
257	257
258	258	(1) shall include a copy of the form with any commitment order or 10
259	259	probation order that is passed or electronically transmit the form or the registration 11
260	260	information for the victim or the victim’s representative through the MDEC system; and 12
261	261
262	262	(2) if an appeal is filed, shall send a copy of the form or electronically 13
263	263	transmit the form or the registration information for the victim or the victim’s 14
264	264	representative through the MDEC system to the Attorney General and the court to which 15
265	265	the case has been appealed. 16
266	266
267	267	(h) This section does not prohibit a victim or victim’s representative from filing a 17
268	268	notification request form with a unit to which a defendant or child respondent has been 18
269	269	committed. 19
270	270
271	271	(i) (1) After filing a notification request form under subsection (e) of this 20
272	272	subsection OR RECEIVING NOTIFIC ATION UNDER SUBSECTI ON (F)(5) OF THIS 21
273	273	SECTION, a victim or victim’s representative may discontinue further notices by filing a 22
274	274	written request with: 23
275	275
276	276	(i) the prosecuting attorney, if the case is still in a circuit court or 24
277	277	juvenile court; or 25
278	278
279	279	(ii) the unit to which the defendant or child respondent has been 26
280	280	committed, if a commitment order has been issued in the case. 27
281	281
282	282	(2) After following the MDEC system protocol for electronic notices, a 28
283	283	victim or victim’s representative may discontinue further notices by following the MDEC 29
284	284	system protocol to terminate notice. 30
285	285
286	286	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
287	287	October 1, 2025. 32