Maryland 2025 Regular Session

Maryland House Bill HB210 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0210
9	6
10	7		HOUSE BILL 210
11	8		E1 5lr1084
12	9		(PRE–FILED) CF 5lr1086
13		-	By: Delegate Conaway Delegates Conaway, Toles, Solomon, Kaufman, Shetty,
14		-	J. Long, Pasteur, Schmidt, Simmons, Phillips, Stinnett, Arikan, Taylor,
15		-	Grammer, Sample–Hughes, and Williams
	10	+	By: Delegate Conaway
16	11		Requested: October 2, 2024
17	12		Introduced and read first time: January 8, 2025
18	13		Assigned to: Judiciary
19		-	Committee Report: Favorable with amendments
20		-	House action: Adopted
21		-	Read second time: March 6, 2025
22	14
23		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
24	16
25	17		AN ACT concerning 1
26	18
27	19		Criminal Law – Theft – Mail and Packages 2
28		-	Criminal Law – Mail and Package Theft 3
29		-	(Porch Piracy Act of 2025) 4
	20	+	(Porch Piracy Act of 2025) 3
30	21
31		-	FOR the purpose of prohibiting the theft of mail or packages; and generally relating to theft 5
32		-	of mail and packages altering the prohibition against taking and breaking open a 6
33		-	letter; prohibiting the theft of mail under certain circumstances; prohibiting a person 7
34		-	from possessing an arrow key under certain circumstances; providing for concurrent 8
35		-	jurisdiction in the District Court and circuit court to try a violation of this Act; 9
36		-	authorizing the use of facial recognition technology to investigate the commission of 10
37		-	mail theft; and generally relating to theft of mail and packages. 11
	22	+	FOR the purpose of prohibiting the theft of mail or packages; and generally relating to theft 4
	23	+	of mail and packages. 5
38	24
39		-	BY adding to 12
	25	+	BY adding to 6
	26	+	Article – Criminal Law 7
	27	+	Section 7–106.1 8
	28	+	Annotated Code of Maryland 9
	29	+	(2021 Replacement Volume and 2024 Supplement) 10
	30	+
	31	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
	32	+	That the Laws of Maryland read as follows: 12
	33	+
40	34		Article – Criminal Law 13
41		-	Section 7–106.1 14
42		-	Annotated Code of Maryland 15
43		-	(2021 Replacement Volume and 2024 Supplement) 16
44	35
45		-	BY repealing and reenacting, with amendments, 17
46		-	Article – Courts and Judicial Proceedings 18
47		-	Section 4–301 and 4–302 19
48		-	Annotated Code of Maryland 20 2 HOUSE BILL 210
	36	+	7–106.1. 14
	37	+
	38	+	(A) IN THIS SECTION, “MAIL OR PACKAGE ” MEANS AN ITEM DELIVE RED OR 15
	39	+	LEFT TO BE COLLECTED BY THE U.S. POSTAL SERVICE OR A DELIVERY SERVICE 16
	40	+	COMPANY THAT DELIVER S TANGIBLE PERSONAL PROPERTY. 17
	41	+
	42	+	(B) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D WITHOUT 18
	43	+	PERMISSION OF THE INT ENDED RECIPIENT OF T HE MAIL OR PACKAGE O BTAIN OR 19
	44	+	EXERT CONTROL OVER M AIL OR A PACKAGE DEL IVERED TO ANOTHER WI TH THE 20
	45	+	INTENT TO DEPRIVE TH E OWNER OF THE MAIL OR PACKAGE. 21
	46	+	2 HOUSE BILL 210
49	47
50	48
51		-	(2020 Replacement Volume and 2024 Supplement) 1
	49	+	(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 1
	50	+	ON CONVICTION IS SUBJ ECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS. 2
52	51
53		-	BY repealing 2
54		-	Article – Criminal Law 3
55		-	Section 3–905 4
56		-	Annotated Code of Maryland 5
57		-	(2021 Replacement Volume and 2024 Supplement) 6
	52	+	(D) FOR A THIRD OR SUBSEQUENT VIOLATION OF THIS SECTION, THE COURT 3
	53	+	MAY ORDER THE DEFENDANT TO PARTICIPATE IN A DIVERSION PROGRAM IN LIEU 4
	54	+	OF INCARCERATION . 5
58	55
59		-	BY adding to 7
60		-	Article – Criminal Law 8
61		-	Section 3–905 and 3–905.1 9
62		-	Annotated Code of Maryland 10
63		-	(2021 Replacement Volume and 2024 Supplement) 11
	56	+	SECTION 2. AND BE IT FURTHER ENACT ED, That this Act shall take effect 6
	57	+	October 1, 2025. 7
64	58
65		-	BY repealing and reenacting, with amendments, 12
66		-	Article – Criminal Procedure 13
67		-	Section 2–503(a)(1)(i) 14
68		-	Annotated Code of Maryland 15
69		-	(2018 Replacement Volume and 2024 Supplement) 16
70		-
71		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
72		-	That the Laws of Maryland read as follows: 18
73		-
74		-	Article – Criminal Law 19
75		-
76		-	7–106.1. 20
77		-
78		-	(A) IN THIS SECTION, “MAIL OR PACKAGE ” MEANS AN ITEM DELIVE RED OR 21
79		-	LEFT TO BE COLLECTED BY THE U.S. POSTAL SERVICE OR A DELIVERY SERVICE 22
80		-	COMPANY THAT DELIVER S TANGIBLE PERSONAL PROPERTY. 23
81		-
82		-	(B) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D WITHOUT 24
83		-	PERMISSION OF THE IN TENDED RECIPIENT OF THE MAIL OR PACKAGE OBTAIN OR 25
84		-	EXERT CONTROL OVER M AIL OR A PACKAGE DEL IVERED TO ANOTHER WI TH THE 26
85		-	INTENT TO DEPRIVE THE O WNER OF THE MAIL OR PACKAGE. 27
86		-
87		-	(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 28
88		-	ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS. 29
89		-
90		-	(D) FOR A THIRD OR SUBSEQ UENT VIOLATION OF TH IS SECTION, THE COURT 30
91		-	MAY ORDER THE DEFENDANT TO PARTICIPATE IN A DIV ERSION PROGRAM IN LI EU 31
92		-	OF INCARCERATION . 32
93		-
94		-	Article – Courts and Judicial Proceedings 33
95		-
96		-	4–301. 34 HOUSE BILL 210 3
97		-
98		-
99		-
100		-	(a) Except as provided in §§ 3–803 and 3–8A–03 of this article and 4–302 of this 1
101		-	subtitle, the District Court has exclusive original jurisdiction in a criminal case in which a 2
102		-	person at least 16 years old or a corporation is charged with violation of the vehicle laws, 3
103		-	or the State Boat Act, or regulations adopted pursuant to the vehicle laws or State Boat 4
104		-	Act. 5
105		-
106		-	(b) Except as provided in § 4–302 of this subtitle, the District Court also has 6
107		-	exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 7
108		-	a corporation is charged with: 8
109		-
110		-	(1) Commission of a common–law or statutory misdemeanor regardless of 9
111		-	the amount of money or value of the property involved; 10
112		-
113		-	(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 11
114		-	Article, whether a felony or a misdemeanor; 12
115		-
116		-	(3) Violation of a county, municipal, or other ordinance, if the violation is 13
117		-	not a felony; 14
118		-
119		-	(4) Criminal violation of a State, county, or municipal rule or regulation, if 15
120		-	the violation is not a felony; 16
121		-
122		-	(5) Doing or omitting to do any act made punishable by a fine, 17
123		-	imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 18
124		-	regulation defining the violation if the violation is not a felony; 19
125		-
126		-	(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 20
127		-	misdemeanor; 21
128		-
129		-	(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 22
130		-	8–209 of the Criminal Law Article, whether a felony or misdemeanor; 23
131		-
132		-	(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 24
133		-	whether a felony or misdemeanor; 25
134		-
135		-	(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 26
136		-	felony or a misdemeanor; 27
137		-
138		-	(10) Violation of § 9–1106 of the Labor and Employment Article; 28
139		-
140		-	(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or 29
141		-	misdemeanor; 30
142		-
143		-	(12) Violation of § 2–209 of the Criminal Law Article; 31
144		-
145		-	(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 32 4 HOUSE BILL 210
146		-
147		-
148		-
149		-	(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 1
150		-
151		-	(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 2
152		-	10–608 of the Criminal Law Article, whether a felony or misdemeanor; 3
153		-
154		-	(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 4
155		-	whether a felony or misdemeanor; 5
156		-
157		-	(17) Violation of § 20–102 of the Transportation Article, whether a felony or 6
158		-	misdemeanor; 7
159		-
160		-	(18) Violation of § 8–801 of the Criminal Law Article; 8
161		-
162		-	(19) Violation of § 8–604 of the Criminal Law Article; 9
163		-
164		-	(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 10
165		-
166		-	(21) Violation of § 16–801, § 16–802, § 16–803, or § 16–804 of the Election 11
167		-	Law Article; 12
168		-
169		-	(22) Violation of § 3–203(c) of the Criminal Law Article; 13
170		-
171		-	(23) Violation of § 11–208 of the Criminal Law Article as a second or 14
172		-	subsequent offense; 15
173		-
174		-	(24) Violation of § 11–721 of the Criminal Procedure Article as a second or 16
175		-	subsequent offense; [or] 17
176		-
177		-	(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 18
178		-
179		-	(26) VIOLATION OF § 3–905 OR § 3–905.1 OF THE CRIMINAL LAW 19
180		-	ARTICLE. 20
181		-
182		-	4–302. 21
183		-
184		-	(a) Except as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), 22
185		-	(15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) of this subtitle, the 23
186		-	District Court does not have jurisdiction to try a criminal case charging the commission of 24
187		-	a felony. 25
188		-
189		-	(b) Except as provided in § 4–303 of this subtitle, the District Court does not have 26
190		-	criminal jurisdiction to try a case in which a juvenile court has exclusive original 27
191		-	jurisdiction. 28
192		-	HOUSE BILL 210 5
193		-
194		-
195		-	(c) The jurisdiction of the District Court is concurrent with that of the juvenile 1
196		-	court in any criminal case arising under the compulsory public school attendance laws of 2
197		-	this State. 3
198		-
199		-	(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 4
200		-	of the District Court is concurrent with that of the circuit court in a criminal case: 5
201		-
202		-	(i) In which the penalty may be confinement for 3 years or more or 6
203		-	a fine of $2,500 or more; or 7
204		-
205		-	(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 8
206		-	(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) 9
207		-	of this subtitle. 10
208		-
209		-	(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 11
210		-	circuit court does not have jurisdiction to try a case charging a violation of § 5–601 or § 12
211		-	5–620 of the Criminal Law Article. 13
212		-
213		-	(ii) A circuit court does have jurisdiction to try a case charging a 14
214		-	violation of § 5–601 or § 5–620 of the Criminal Law Article if the defendant: 15
215		-
216		-	1. Properly demands a jury trial; 16
217		-
218		-	2. Appeals as provided by law from a final judgment entered 17
219		-	in the District Court; or 18
220		-
221		-	3. Is charged with another offense arising out of the same 19
222		-	circumstances that is within a circuit court’s jurisdiction. 20
223		-
224		-	(e) (1) The District Court is deprived of jurisdiction if a defendant is entitled 21
225		-	to and demands a jury trial at any time prior to trial in the District Court. 22
226		-
227		-	(2) (i) Except as provided in subparagraph (ii) of this paragraph, unless 23
228		-	the penalty for the offense with which the defendant is charged permits imprisonment for 24
229		-	a period in excess of 90 days, a defendant is not entitled to a jury trial in a criminal case. 25
230		-
231		-	(ii) Notwithstanding the provisions of subparagraph (i) of this 26
232		-	paragraph, the presiding judge of the District Court may deny a defendant a jury trial if: 27
233		-
234		-	1. The prosecutor recommends in open court that the judge 28
235		-	not impose a penalty of imprisonment for a period in excess of 90 days, regardless of the 29
236		-	permissible statutory or common law maximum; 30
237		-
238		-	2. The judge agrees not to impose a penalty of imprisonment 31
239		-	for a period in excess of 90 days; and 32
240		-	6 HOUSE BILL 210
241		-
242		-
243		-	3. The judge agrees not to increase the defendant’s bond if an 1
244		-	appeal is noted. 2
245		-
246		-	(iii) The State may not demand a jury trial. 3
247		-
248		-	(f) (1) Except as provided in Title 4, Subtitle 5 of the Family Law Article, the 4
249		-	District Court does not have jurisdiction of an offense otherwise within the District Court’s 5
250		-	jurisdiction if a person is charged: 6
251		-
252		-	(i) With another offense arising out of the same circumstances but 7
253		-	not within the District Court’s jurisdiction; or 8
254		-
255		-	(ii) In the circuit court with an offense arising out of the same 9
256		-	circumstances and within the concurrent jurisdictions of the District Court and the circuit 10
257		-	court described under subsection (d) of this section. 11
258		-
259		-	(2) In the cases described under paragraph (1) of this subsection, the circuit 12
260		-	court for the county has exclusive original jurisdiction over all the offenses. 13
261		-
262		-	Article – Criminal Law 14
263		-
264		-	[3–905. 15
265		-
266		-	(a) A person may not take and break open a letter that is not addressed to the 16
267		-	person without permission from the person to whom the letter is addressed or the personal 17
268		-	representative of the addressee’s estate. 18
269		-
270		-	(b) A person who violates this section is guilty of a misdemeanor and on conviction 19
271		-	is subject to imprisonment for 6 days and a fine of $15.] 20
272		-
273		-	3–905. 21
274		-
275		-	(A) (1) IN THIS SECTION, “MAIL” MEANS AN ITEM THAT H AS BEEN OR IS 22
276		-	INTENDED TO BE DELIV ERED BY USE OF THE U.S. POSTAL SERVICE OR A COMMON 23
277		-	CARRIER OR DELIVERY SERVICE TO A PERSON WHOSE ADDRESS APPEAR S ON THE 24
278		-	ITEM. 25
279		-
280		-	(2) “MAIL” INCLUDES AN ADDRESSE D LETTER, POSTAL CARD , OR 26
281		-	PACKAGE. 27
282		-
283		-	(B) A PERSON MAY NOT KNOWI NGLY AND INTENTIONAL LY OPEN MAIL 28
284		-	ADDRESSED TO ANOTHER WITHOUT THE PE RMISSION OF THE OTHE R OR THE 29
285		-	OTHER’S AUTHORIZED REPRESE NTATIVE OR DESIGNEE . 30
286		-	HOUSE BILL 210 7
287		-
288		-
289		-	(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 1
290		-	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 MONTH OR 2
291		-	A FINE OF $1,000 OR BOTH. 3
292		-
293		-	3–905.1. 4
294		-
295		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
296		-	INDICATED. 6
297		-
298		-	(2) “ARROW KEY ” MEANS A KEY DESIGNED EXCLUSIVELY FOR 7
299		-	ALLOWING AN EMPLOYEE OF THE U.S. POSTAL SERVICE OR A COMMON C ARRIER OR 8
300		-	DELIVERY SERVICE TO ACCESS A MAILBOX OR OTHER DEPOSITORY FOR STORING 9
301		-	MAIL. 10
302		-
303		-	(3) “MAIL” HAS THE MEANING STAT ED IN § 3–905 OF THIS SUBTITLE . 11
304		-
305		-	(B) (1) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 12
306		-	ARTICLE INVOLVING ON E OR MORE ITEMS OF M AIL. 13
307		-
308		-	(2) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 14
309		-	ARTICLE INVOLVING ON E OR MORE ITEMS OF M AIL USING AN ARROW K EY. 15
310		-
311		-	(C) A PERSON MAY NOT POSSE SS AN ARROW KEY WITH THE INTENT TO USE 16
312		-	OR ALLOW THE USE OF THE ARROW KEY IN THE COMMISSION OF A VIOL ATION OF 17
313		-	SUBSECTION (B) OF THIS SECTION. 18
314		-
315		-	(D) (1) A PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS 19
316		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 20
317		-	NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 21
318		-
319		-	(2) A PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS 22
320		-	GUILTY OF A F ELONY AND ON CONVICT ION IS SUBJECT TO IM PRISONMENT NOT 23
321		-	EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 24
322		-
323		-	(3) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 25
324		-	GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 26
325		-	EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $3,000 OR BOTH. 27
326		-
327		-	(E) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 28
328		-	AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY OTH ER CRIME 29
329		-	BASED ON THE ACTS ES TABLISHING A VIOLATI ON OF THIS SECTION . 30
330		-
331		-	Article – Criminal Procedure 31
332		-	8 HOUSE BILL 210
333		-
334		-
335		-	2–503. 1
336		-
337		-	(a) (1) A police officer or other employee or agent of a law enforcement agency 2
338		-	may not, in the furtherance of a criminal investigation: 3
339		-
340		-	(i) use facial recognition technology to investigate a crime other 4
341		-	than the commission of or the attempt to commit: 5
342		-
343		-	1. a crime of violence as defined in § 14–101 of the Criminal 6
344		-	Law Article; 7
345		-
346		-	2. a human trafficking offense under Title 3, Subtitle 11 of 8
347		-	the Criminal Law Article; 9
348		-
349		-	3. first– or second–degree child abuse under § 3–601 of the 10
350		-	Criminal Law Article; 11
351		-
352		-	4. a child pornography offense under § 11–207 of the 12
353		-	Criminal Law Article; 13
354		-
355		-	5. a hate crime under § 10–304 of the Criminal Law Article; 14
356		-
357		-	6. a weapon crime under § 4–102, § 4–103, § 4–203(a)(1)(iii) 15
358		-	or (iv), § 4–204, or § 4–303(a)(2) of the Criminal Law Article; 16
359		-
360		-	7. a weapon crime under § 5–138, § 5–140, § 5–141, § 17
361		-	5–207(c)(16), § 5–406(a)(3), or § 5–703(a) of the Public Safety Article; 18
362		-
363		-	8. aggravated cruelty to animals under § 10–606 or § 10–607 19
364		-	of the Criminal Law Article; 20
365		-
366		-	9. importation of fentanyl or a fentanyl analogue under § 21
367		-	5–614(a)(1)(xii) of the Criminal Law Article; 22
368		-
369		-	10. stalking under § 3–802 of the Criminal Law Article; 23
370		-
371		-	11. MAIL THEFT UNDER § 3–905.1 OF THE CRIMINAL LAW 24
372		-	ARTICLE; 25
373		-
374		-	[11.] 12. a criminal act involving circumstances presenting a 26
375		-	substantial and ongoing threat to public safety or national security; or 27
376		-
377		-	[12.] 13. a crime under the laws of another state 28
378		-	substantially equivalent to a crime listed in items 1 through [10] 11 of this item involving 29
379		-	a fugitive from justice charged with a crime in that state and sought under Title 9 of this 30
380		-	article; 31
381		-	HOUSE BILL 210 9
382		-
383		-
384		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
385		-	October 1, 2025. 2
386		-
387		-
388		-
389		-
390		-	Approved:
391		-	________________________________________________________________________________
392		-	Governor.
393		-	________________________________________________________________________________
394		-	Speaker of the House of Delegates.
395		-	________________________________________________________________________________
396		-	President of the Senate.