Maryland 2025 Regular Session

Maryland House Bill HB21 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	hb0021
6	6
7	7	HOUSE BILL 21
8	8	E2 5lr0660
9	9	HB 1183/24 – JUD (PRE–FILED)
10	10	By: Delegate Addison
11	11	Requested: August 9, 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 – District Court Commissioners and False Statements 2
20	20
21	21	FOR the purpose of prohibiting a District Court commissioner from issuing an arrest 3
22	22	warrant to an individual other than a police officer or a State’s Attorney; altering the 4
23	23	penalty for making a certain false statement or report to a certain governmental 5
24	24	official or unit; and generally relating to District Court commissioners and false 6
25	25	statements. 7
26	26
27	27	BY repealing and reenacting, with amendments, 8
28	28	Article – Courts and Judicial Proceedings 9
29	29	Section 2–607(c) 10
30	30	Annotated Code of Maryland 11
31	31	(2020 Replacement Volume and 2024 Supplement) 12
32	32
33	33	BY repealing and reenacting, with amendments, 13
34	34	Article – Criminal Law 14
35	35	Section 9–503 15
36	36	Annotated Code of Maryland 16
37	37	(2021 Replacement Volume and 2024 Supplement) 17
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
40	40	That the Laws of Maryland read as follows: 19
41	41
42	42	Article – Courts and Judicial Proceedings 20
43	43
44	44	2–607. 21
45	45
46	46	(c) (1) A commissioner shall receive applications and determine probable 22
47	47	cause for the issuance of charging documents. 23
48	48	2 HOUSE BILL 21
49	49
50	50
51	51	(2) A commissioner shall advise arrested persons of their constitutional 1
52	52	rights, set bond or commit persons to jail in default of bond or release them on personal 2
53	53	recognizance if circumstances warrant, and conduct investigations and inquiries into the 3
54	54	circumstances of any matter presented to the commissioner in order to determine if 4
55	55	probable cause exists for the issuance of a charging document, warrant, or criminal 5
56	56	summons and, in general, perform all the functions of committing magistrates as exercised 6
57	57	by the justices of the peace prior to July 5, 1971. 7
58	58
59	59	(3) There shall be in each county, at all times, one or more commissioners 8
60	60	available for the convenience of the public and police in obtaining charging documents, 9
61	61	warrants, or criminal summonses and to advise arrested persons of their rights as required 10
62	62	by law. 11
63	63
64	64	(4) A commissioner may exercise the powers of office in any county to which 12
65	65	the commissioner is assigned by the Chief Judge of the District Court or a designee of the 13
66	66	Chief Judge of the District Court. 14
67	67
68	68	(5) The Chief Judge of the District Court may authorize one or more 15
69	69	commissioners to perform the duties of a commissioner regarding persons arrested in a 16
70	70	county other than the county in which the commissioner resides and for which the 17
71	71	commissioner was appointed when the arrested persons are brought before the 18
72	72	commissioner by a peace officer of the jurisdiction in which that arrest was made. 19
73	73
74	74	(6) (i) An individual may file an application for a statement of charges 20
75	75	with a District Court commissioner. 21
76	76
77	77	(ii) On review of an application for a statement of charges, a District 22
78	78	Court commissioner may issue a summons or an arrest warrant. 23
79	79
80	80	(iii) A District Court commissioner may issue an arrest warrant only 24
81	81	on a finding that: 25
82	82
83	83	1. There is probable cause to believe that the defendant 26
84	84	committed the offense charged in the charging document; [and] 27
85	85
86	86	2. THE INDIVIDUAL FILING THE APPLICATION FOR A 28
87	87	STATEMENT O F CHARGES IS A POLIC E OFFICER AS DEFINED IN § 3–201 OF THE 29
88	88	PUBLIC SAFETY ARTICLE OR A STATE’S ATTORNEY; AND 30
89	89
90	90	[2.] 3. A. The defendant previously has failed to respond to a 31
91	91	summons that has been personally served or a citation; 32
92	92
93	93	B. The whereabouts of the defendant are unknown and the 33
94	94	issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court; 34
95	95
96	96	C. The defendant is in custody for another offense; or 35
97	97	HOUSE BILL 21 3
98	98
99	99
100	100	D. There is probable cause to believe that the defendant poses 1
101	101	a danger to another person or to the community. 2
102	102
103	103	(iv) On a finding of good cause, a judge of the District Court or a judge 3
104	104	of a circuit court may recall an arrest warrant issued by a District Court commissioner 4
105	105	under this paragraph and issue a summons in its place. 5
106	106
107	107	Article – Criminal Law 6
108	108
109	109	9–503. 7
110	110
111	111	(a) A person may not make, or cause to be made, a statement or report that the 8
112	112	person knows to be false as a whole or in material part to an official or unit of the State or 9
113	113	of a county, municipal corporation, or other political subdivision of the State that a crime 10
114	114	has been committed or that a condition imminently dangerous to public safety or health 11
115	115	exists, with the intent that the official or unit investigate, consider, or take action in 12
116	116	connection with that statement or report. 13
117	117
118	118	(b) A person who violates this section is guilty of a misdemeanor and on conviction 14
119	119	is subject to imprisonment not exceeding [6 months] 3 YEARS or a fine not exceeding $500 15
120	120	or both. 16
121	121
122	122	SECTION 2. AND BE IT FURTHER ENACTED , That this Act shall take effect 17
123	123	October 1, 2025. 18
124	124