EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0064*
HOUSE BILL 64
E1, E2 5lr0975
(PRE–FILED) CF 5lr0977
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
Theft of Mail and Packages and Victim Notification 2
FOR the purpose of prohibiting the theft of mail or packages; requiring the prosecuting 3
attorney prosecuting a violation of this Act to notify the victim or the victim’s 4
representative about certain information related to the court proceedings; and 5
generally relating to theft of mail and packages. 6
BY adding to 7
Article – Criminal Law 8
Section 7–106.1 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Procedure 13
Section 11–104(a) through (e), (g), and (h) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Procedure 18
Section 11–104(f) and (i) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Criminal Law 24
2 HOUSE BILL 64
7–106.1. 1
(A) IN THIS SECTION, “MAIL OR PACKAGE ” MEANS AN ITEM DELIVE RED OR 2
LEFT TO BE COLLECTED BY THE U.S. POSTAL SERVICE OR A DELIVERY SERVICE 3
COMPANY THAT DELIVER S TANGIBLE PERSONAL PROPERTY. 4
(B) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D WITHOUT 5
PERMISSION OF THE IN TENDED RECIPIENT OF THE MAIL OR PACKAGE OBTAIN OR 6
EXERT CONTROL OVER M AIL OR A PACKAGE DEL IVERED TO ANOTHER WI TH THE 7
INTENT TO DEPRIVE TH E OWNER OF THE MAIL OR PACKAGE. 8
(C) A PERSON WH O VIOLATES THIS SECT ION IS GUILTY OF A F ELONY AND 9
ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS. 10
Article – Criminal Procedure 11
11–104. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “DNA” has the meaning stated in § 2–501 of the Public Safety Article. 14
(3) “Statewide DNA database system” has the meaning stated in § 2–501 15
of the Public Safety Article. 16
(4) “Victim” means a person who suffers actual or threatened physical, 17
emotional, or financial harm as a direct result of a crime or delinquent act. 18
(5) “Victim’s representative” includes a family member or guardian of a 19
victim who is: 20
(i) a minor; 21
(ii) deceased; or 22
(iii) disabled. 23
(b) On first contact with a victim or victim’s representative, a law enforcement 24
officer, District Court commissioner, or juvenile intake officer shall give the victim or the 25
victim’s representative the pamphlet described in § 11–914(9)(i) of this title. 26
(c) Unless to do so would impede or compromise an ongoing investigation or the 27
victim’s representative is a suspect or a person of interest in the criminal investigation of 28
the crime involving the victim, on written request of a victim of a crime of violence as 29
defined in § 14–101 of the Criminal Law Article or the victim’s representative, the 30 HOUSE BILL 64 3
investigating law enforcement agency shall give the victim or the victim’s representative 1
timely notice as to: 2
(1) whether an evidentiary DNA profile was obtained from evidence in the 3
case; 4
(2) when any evidentiary DNA profile developed in the case was entered 5
into the DNA database system; and 6
(3) when any confirmed match of the DNA profile, official DNA case report, 7
or DNA hit report is received. 8
(d) (1) Within 10 days after the filing or the unsealing of an indictment or 9
information in circuit court, whichever is later, the prosecuting attorney shall: 10
(i) mail or deliver to the victim or victim’s representative the 11
pamphlet described in § 11–914(9)(ii) of this title and the notification request form 12
described in § 11–914(10) of this title; and 13
(ii) certify to the clerk of the court that the prosecuting attorney has 14
complied with this paragraph or is unable to identify the victim or victim’s representative. 15
(2) If the prosecuting attorney files a petition alleging that a child is 16
delinquent for committing an act that could only be tried in the circuit court if committed 17
by an adult, the prosecuting attorney shall: 18
(i) inform the victim or victim’s representative of the right to 19
request restitution under § 11–606 of this title; 20
(ii) mail or deliver to the victim or victim’s representative the 21
notification request form described in § 11–914(10) of this title; and 22
(iii) certify to the clerk of the juvenile court that the prosecuting 23
attorney has complied with this paragraph or is unable to identify the victim or victim’s 24
representative. 25
(3) For cases described under this subsection, the prosecuting attorney 26
may provide a State’s witness in the case with the guidelines for victims, victims’ 27
representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title. 28
(e) (1) A victim or victim’s representative may: 29
(i) file a completed notification request form with the prosecuting 30
attorney; or 31
(ii) follow the MDEC system protocol to request notice. 32
4 HOUSE BILL 64
(2) (i) If the jurisdiction has not implemented the MDEC system, the 1
prosecuting attorney shall send a copy of the completed notification request form to the 2
clerk of the circuit court or juvenile court. 3
(ii) If the jurisdiction has implemented the MDEC system and the 4
victim or victim’s representative has filed a completed notification request form, the 5
prosecuting attorney shall electronically file the form with the clerk of the circuit court or 6
juvenile court in the MDEC system. 7
(3) By filing a completed notification request form or completing the MDEC 8
system protocol, a victim or victim’s representative complies with Article 47 of the 9
Maryland Declaration of Rights and each provision of the Code that requires a victim or 10
victim’s representative to request notice. 11
(4) To keep the address and electronic mail address of a victim or victim’s 12
representative confidential, the victim or victim’s representative shall: 13
(i) designate in the notification request form a person who has 14
agreed to receive notice for the victim or victim’s representative; or 15
(ii) request as part of the MDEC system protocol, without filing a 16
motion to seal, that the address and electronic mail address remain confidential and 17
available, as necessary to only: 18
1. the court; 19
2. the prosecuting attorney; 20
3. the Department of Public Safety and Correctional 21
Services; 22
4. the Department of Juvenile Services; 23
5. the attorney of the victim or victim’s representative; 24
6. the State’s Victim Information and Notification Everyday 25
vendor; and 26
7. a commitment unit that a court orders to retain custody of 27
an individual. 28
(f) (1) Unless provided by the MDEC system, the prosecuting attorney shall 29
send a victim or victim’s representative prior notice of each court proceeding in the case, of 30
the terms of any plea agreement, and of the right of the victim or victim’s representative to 31
submit a victim impact statement to the court under § 11–402 of this title if: 32
(i) prior notice is practicable; and 33 HOUSE BILL 64 5
(ii) the victim or victim’s representative has filed a notification 1
request form or followed the MDEC system protocol under subsection (e) of this section. 2
(2) (i) If the case is in a jurisdiction in which the office of the clerk of 3
the circuit court or juvenile court has an automated filing system, the prosecuting attorney 4
may ask the clerk to send the notice required by paragraph (1) of this subsection. 5
(ii) If the case is in a jurisdiction that has implemented the MDEC 6
system, the victim may follow the MDEC system protocol to receive notice by electronic 7
mail, to notify the prosecuting attorney, and to request additional notice available through 8
the State’s Victim Information and Notification Everyday vendor. 9
(3) As soon after a proceeding as practicable, the prosecuting attorney shall 10
tell the victim or victim’s representative of the terms of any plea agreement, judicial action, 11
and proceeding that affects the interests of the victim or victim’s representative, including 12
a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, 13
stetting of charges, trial, disposition, and postsentencing court proceeding if: 14
(i) the victim or victim’s representative has filed a notification 15
request form or followed the MDEC system protocol under subsection (e) of this section and 16
prior notice to the victim or victim’s representative is not practicable; or 17
(ii) the victim or victim’s representative is not present at the 18
proceeding. 19
(4) Whether or not the victim or victim’s representative has filed a 20
notification request form or followed the MDEC system protocol under subsection (e) of this 21
section, the prosecuting attorney may give the victim or victim’s representative information 22
about the status of the case if the victim or victim’s representative asks for the information. 23
(5) WHETHER OR NOT THE VI CTIM OR VICTIM ’S REPRESENTATIVE 24
HAS FILED A NOTIFICA TION REQUEST FORM OR FOLLOWED THE MDEC SYSTEM 25
PROTOCOL UNDER SUBSE CTION (E) OF THIS SECTI ON, IF THE INDIVIDUAL IS A 26
VICTIM OF A CRIME UN DER § 7–106.1 OF THE CRIMINAL LAW ARTICLE, THE 27
PROSECUTING ATTORNEY SHALL NOTIFY THE VIC TIM OR THE VICTIM ’S 28
REPRESENTATIVE OF : 29
(I) EACH COURT PROCEEDIN G RELATED TO THE CAS E; 30
(II) THE RIGHT OF THE VIC TIM TO SUBMIT A VICTIM IMPACT 31
STATEMENT; 32
(III) ANY POSTTRIAL COURT PROCEEDINGS ; 33
(IV) ANY APPEAL RELATED T O THE CASE; AND 34 6 HOUSE BILL 64
(V) ANY SENTENCE REVIEW RELATED TO THE CASE . 1
(g) If a victim or victim’s representative has filed a notification request form or 2
followed the MDEC system protocol under subsection (e) of this section, the clerk of the 3
circuit court or juvenile court: 4
(1) shall include a copy of the form with any commitment order or 5
probation order that is passed or electronically transmit the form or the registration 6
information for the victim or the victim’s representative through the MDEC system; and 7
(2) if an appeal is filed, shall send a copy of the form or electronically 8
transmit the form or the registration information for the victim or the victim’s 9
representative through the MDEC system to the Attorney General and the court to which 10
the case has been appealed. 11
(h) This section does not prohibit a victim or victim’s representative from filing a 12
notification request form with a unit to which a defendant or child respondent has been 13
committed. 14
(i) (1) After filing a notification request form under subsection (e) of this 15
section OR RECEIVING NOTIFIC ATION UNDER SUBSECTI ON (F)(5) OF THIS SECTION , 16
a victim or victim’s representative may discontinue further notices by filing a written 17
request with: 18
(i) the prosecuting attorney, if the case is still in a circuit court or 19
juvenile court; or 20
(ii) the unit to which the defendant or child respondent has been 21
committed, if a commitment order has been issued in the case. 22
(2) After following the MDEC system protocol for electronic notices, a 23
victim or victim’s representative may discontinue further notices by following the MDEC 24
system protocol to terminate notice. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2025. 27