EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0410*
SENATE BILL 410
E1 5lr1026
HB 318/24 – JUD CF 5lr1025
By: Senator Waldstreicher
Introduced and read first time: January 20, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Mail and Package Theft 2
FOR the purpose of altering the prohibition against taking and breaking open a letter; 3
prohibiting the theft of mail under certain circumstances; prohibiting a person from 4
possessing an arrow key under certain circumstances; providing for concurrent 5
jurisdiction in the District Court and circuit court to try a violation of this Act; and 6
generally relating to theft of mail and packages. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 4–301 and 4–302 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 Supplement) 12
BY repealing 13
Article – Criminal Law 14
Section 3–905 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Criminal Law 19
Section 3–905 and 3–905.1 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25
2 SENATE BILL 410
4–301. 1
(a) Except as provided in §§ 3–803 and 3–8A–03 of this article and 4–302 of this 2
subtitle, the District Court has exclusive original jurisdiction in a criminal case in which a 3
person at least 16 years old or a corporation is charged with violation of the vehicle laws, 4
or the State Boat Act, or regulations adopted pursuant to the vehicle laws or State Boat 5
Act. 6
(b) Except as provided in § 4–302 of this subtitle, the District Court also has 7
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 8
a corporation is charged with: 9
(1) Commission of a common–law or statutory misdemeanor regardless of 10
the amount of money or value of the property involved; 11
(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 12
Article, whether a felony or a misdemeanor; 13
(3) Violation of a county, municipal, or other ordinance, if the violation is 14
not a felony; 15
(4) Criminal violation of a State, county, or municipal rule or regulation, if 16
the violation is not a felony; 17
(5) Doing or omitting to do any act made punishable by a fine, 18
imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 19
regulation defining the violation if the violation is not a felony; 20
(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 21
misdemeanor; 22
(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 23
8–209 of the Criminal Law Article, whether a felony or misdemeanor; 24
(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 25
whether a felony or misdemeanor; 26
(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 27
felony or a misdemeanor; 28
(10) Violation of § 9–1106 of the Labor and Employment Article; 29
(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or 30
misdemeanor; 31
(12) Violation of § 2–209 of the Criminal Law Article; 32
SENATE BILL 410 3
(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 1
(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 2
(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 3
10–608 of the Criminal Law Article, whether a felony or misdemeanor; 4
(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 5
whether a felony or misdemeanor; 6
(17) Violation of § 20–102 of the Transportation Article, whether a felony or 7
misdemeanor; 8
(18) Violation of § 8–801 of the Criminal Law Article; 9
(19) Violation of § 8–604 of the Criminal Law Article; 10
(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 11
(21) Violation of § 16–801, § 16–802, § 16–803, or § 16–804 of the Election 12
Law Article; 13
(22) Violation of § 3–203(c) of the Criminal Law Article; 14
(23) Violation of § 11–208 of the Criminal Law Article as a second or 15
subsequent offense; 16
(24) Violation of § 11–721 of the Criminal Procedure Article as a second or 17
subsequent offense; [or] 18
(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 19
(26) VIOLATION OF § 3–905 OR § 3–905.1 OF THE CRIMINAL LAW 20
ARTICLE. 21
4–302. 22
(a) Except as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), 23
(15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) of this subtitle, the 24
District Court does not have jurisdiction to try a criminal case charging the commission of 25
a felony. 26
(b) Except as provided in § 4–303 of this subtitle, the District Court does not have 27
criminal jurisdiction to try a case in which a juvenile court has exclusive original 28
jurisdiction. 29
4 SENATE BILL 410
(c) The jurisdiction of the District Court is concurrent with that of the juvenile 1
court in any criminal case arising under the compulsory public school attendance laws of 2
this State. 3
(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 4
of the District Court is concurrent with that of the circuit court in a criminal case: 5
(i) In which the penalty may be confinement for 3 years or more or 6
a fine of $2,500 or more; or 7
(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 8
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) 9
of this subtitle. 10
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 11
circuit court does not have jurisdiction to try a case charging a violation of § 5–601 or § 12
5–620 of the Criminal Law Article. 13
(ii) A circuit court does have jurisdiction to try a case charging a 14
violation of § 5–601 or § 5–620 of the Criminal Law Article if the defendant: 15
1. Properly demands a jury trial; 16
2. Appeals as provided by law from a final judgment entered 17
in the District Court; or 18
3. Is charged with another offense arising out of the same 19
circumstances that is within a circuit court’s jurisdiction. 20
(e) (1) The District Court is deprived of jurisdiction if a defendant is entitled 21
to and demands a jury trial at any time prior to trial in the District Court. 22
(2) (i) Except as provided in subparagraph (ii) of this paragraph, unless 23
the penalty for the offense with which the defendant is charged permits imprisonment for 24
a period in excess of 90 days, a defendant is not entitled to a jury trial in a criminal case. 25
(ii) Notwithstanding the provisions of subparagraph (i) of this 26
paragraph, the presiding judge of the District Court may deny a defendant a jury trial if: 27
1. The prosecutor recommends in open court that the judge 28
not impose a penalty of imprisonment for a period in excess of 90 days, regardless of the 29
permissible statutory or common law maximum; 30
2. The judge agrees not to impose a penalty of imprisonment 31
for a period in excess of 90 days; and 32
SENATE BILL 410 5
3. The judge agrees not to increase the defendant’s bond if an 1
appeal is noted. 2
(iii) The State may not demand a jury trial. 3
(f) (1) Except as provided in Title 4, Subtitle 5 of the Family Law Article, the 4
District Court does not have jurisdiction of an offense otherwise within the District Court’s 5
jurisdiction if a person is charged: 6
(i) With another offense arising out of the same circumstances but 7
not within the District Court’s jurisdiction; or 8
(ii) In the circuit court with an offense arising out of the same 9
circumstances and within the concurrent jurisdictions of the District Court and the circuit 10
court described under subsection (d) of this section. 11
(2) In the cases described under paragraph (1) of this subsection, the circuit 12
court for the county has exclusive original jurisdiction over all the offenses. 13
Article – Criminal Law 14
[3–905. 15
(a) A person may not take and break open a letter that is not addressed to the 16
person without permission from the person to whom the letter is addressed or the personal 17
representative of the addressee’s estate. 18
(b) A person who violates this section is guilty of a misdemeanor and on conviction 19
is subject to imprisonment for 6 days and a fine of $15.] 20
3–905. 21
(A) (1) IN THIS SECTION, “MAIL” MEANS AN ITEM THAT H AS BEEN OR IS 22
INTENDED TO BE DELIV ERED BY USE OF THE U.S. POSTAL SERVICE OR A COMMON 23
CARRIER OR DELIVERY SERVICE TO A PERSON WHOSE ADDRESS APPEAR S ON THE 24
ITEM. 25
(2) “MAIL” INCLUDES AN ADDRESSE D LETTER, A POSTAL CARD , OR A 26
PACKAGE. 27
(B) A PERSON MAY NOT KNOWI NGLY AND INTENTIONAL LY OPEN MAIL 28
ADDRESSED TO ANOTHER WITHOUT THE PERMISSI ON OF THE OTHER OR T HE 29
OTHER’S AUTHORIZED REPRESE NTATIVE OR DESIGNEE . 30
6 SENATE BILL 410
(C) A PERSON WHO VIOLATES THIS SEC TION IS GUILTY OF A MISDEMEANOR 1
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 MONTH OR 2
A FINE OF $1,000 OR BOTH. 3
3–905.1. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “ARROW KEY ” MEANS A KEY DESIGNED EXCLUSIVELY FOR 7
ALLOWING AN EMPLOYEE OF THE U.S. POSTAL SERVICE OR A COMMON C ARRIER OR 8
DELIVERY SERVICE TO ACCESS A MAILBOX OR OTHER DEPOSITORY FOR STORING 9
MAIL. 10
(3) “MAIL” HAS THE MEANING STAT ED IN § 3–905 OF THIS SUBTITLE . 11
(B) (1) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 12
ARTICLE INVOLVING AT LEAST 1 BUT FEWER THAN 16 ITEMS OF MAIL. 13
(2) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 14
ARTICLE INVOLVING 16 OR MORE ITEMS OF MAI L. 15
(3) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 16
ARTICLE INVOLVING ON E OR MORE ITEMS OF M AIL USING AN ARROW K EY. 17
(C) A PERSON MAY NOT POSSE SS AN ARROW KEY WITH THE INTENT TO USE 18
OR ALLOW THE USE OF THE ARROW KEY IN THE COMMISSION OF A VIOL ATION OF 19
THIS SECTION. 20
(D) (1) A PERSON WHO VIOLATES SUBSECT ION (B)(1) OF THIS SECTION IS 21
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 22
NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 23
(2) A PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS 24
GUILTY OF A FELONY AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 25
EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. 26
(3) A PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS 27
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 28
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 29
(4) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 30
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 31
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $3,000 OR BOTH. 32 SENATE BILL 410 7
(E) A SENTENCE IMPOSED UNDER T HIS SECTION MAY BE S EPARATE FROM 1
AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY OTH ER CRIME 2
BASED ON THE ACTS ES TABLISHING A VIOLATI ON OF THIS SECTION . 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5