EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0683*
HOUSE BILL 683
E1, E3, E2 5lr2173
By: Delegates Grammer, Arikan, Chisholm, Fisher, McComas, M. Morgan,
Nawrocki, and Szeliga
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Criminal or Delinquent Act of a Child – Liability of a Parent, 2
Guardian, or Custodian 3
FOR the purpose of prohibiting the parent, guardian, or custodian of a child from 4
intentionally, knowingly, recklessly, or negligently acting or failing to act in a 5
manner that results in the child committing a crime or delinquent act; requiring an 6
individual convicted under this Act to participate in certain proceedings and 7
programs and establishing the failure to do so as contempt of court; requiring the 8
court to order a parent, guardian, or custodian to pay certain court costs and 9
restitution related to a child’s crime or delinquent act; and generally relating to 10
liability for a child’s criminal or delinquent act. 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–8A–28 and 3–8A–29 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2024 Supplement) 16
BY adding to 17
Article – Criminal Law 18
Section 1–403 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Criminal Procedure 23
Section 11–604 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2024 Supplement) 26
2 HOUSE BILL 683
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
3–8A–28. 4
The court may enter a judgment of restitution against the parent, GUARDIAN, OR 5
CUSTODIAN of a child[,] OR the child[, or both] as provided under Title 11, Subtitle 6 of 6
the Criminal Procedure Article. 7
3–8A–29. 8
[A] EXCEPT AS PROVIDED IN § 3–610 OF THE CRIMINAL LAW ARTICLE, A court 9
may not order a parent, guardian, custodian, or child to pay: 10
(1) A fine, fee, or cost under this subtitle; or 11
(2) A sum of money to cover the support of a child under this subtitle. 12
Article – Criminal Law 13
1–403. 14
(A) A PARENT, GUARDIAN, OR CUSTODIAN OF A CH ILD MAY NOT 15
INTENTIONALLY , KNOWINGLY , RECKLESSLY, OR NEGLIGENTLY ACT OR FAIL TO ACT 16
IN A MANNER THAT RES ULTS IN THE CHILD COMMITTING A CRIME OR DELINQUENT 17
ACT. 18
(B) AN INDIVIDUAL WHO VIOLATES THIS SE CTION IS GUILTY OF A 19
MISDEMEANOR AND ON C ONVICTION: 20
(1) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 30 DAYS, OR A 21
FINE NOT EXCEEDING $2,500, OR BOTH; 22
(2) SHALL PARTICIPATE IN : 23
(I) ALL COURT PROCEEDING S RELATED TO THE C HILD’S 24
DELINQUENT OR CRIMIN AL ACT; AND 25
(II) ALL TREATMENT , COUNSELING , OR DIVERSION PROGRAM S 26
THE COURT ORDERS THE CHILD TO PARTICIPATE IN; AND 27
(3) SHALL PAY ANY COURT COSTS RELATED TO THE CHILD ’S 28
DELINQUENT OR CRIMIN AL ACT. 29 HOUSE BILL 683 3
(C) WILLFUL FAILURE OF AN INDIVIDUAL TO MEE T THE REQUIREMENTS O F 1
SUBSECTION (B)(2) OF THIS SECTION IS CONTEMPT OF COURT. 2
Article – Criminal Procedure 3
11–604. 4
(a) Subject to subsection (b) of this section and notwithstanding any other law, if 5
a child is the defendant or child respondent AND THE COURT ORDERS PAYMENT OF 6
RESTITUTION, the court [may order the child, the child’s parent, or both to pay restitution] 7
SHALL: 8
(1) ORDER THE CHILD ’S PARENT, GUARDIAN, OR CUSTODIAN TO PAY 9
THE RESTITUTION; OR 10
(2) IF THE RESTITUTION IS OWED TO THE CHILD’S PARENT, 11
GUARDIAN, OR CUSTODIAN , ORDER THE CHILD TO P AY THE RESTITUTION. 12
(b) A judgment of restitution for $10,000 issued under Part I of this subtitle is the 13
absolute limit for each child’s acts arising out of a single incident. 14
(c) (1) A court may not enter a judgment of restitution against a parent, 15
GUARDIAN, OR CUSTODIAN under Part I of this subtitle unless the parent, GUARDIAN, 16
OR CUSTODIAN has been afforded a reasonable opportunity to be heard and to present 17
evidence. 18
(2) A hearing under this subsection may be held as part of the sentencing 19
or disposition hearing. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 21
October 1, 2025. 22