HB 351 allows Maryland's Attorney General or State's Attorney to direct the Maryland State Police to collect and securely retain specific digital data (like license plates, cell tower records, GPS, or facial recognition data) about federal agents when a complaint alleges misconduct such as excessive force or civil rights violations. It directly affects complainants who file such misconduct claims and law enforcement agencies handling those cases. The bill requires that complainants can only access this digital data through a court order in a 42 U.S.C. § 1983 civil rights case or a related criminal proceeding. It does not authorize general surveillance but creates a targeted process for gathering evidence in verified misconduct complaints against federal agents. The law takes effect October 1, 2026.
SB 437 clarifies how gift card value is determined in theft and fraud cases and prohibits tampering with gift cards to defraud others. It defines "closed-loop" (single merchant) and "open-loop" (multi-merchant network) gift cards, setting their value as the highest of: face value, what the defendant claimed, or actual loss incurred. The bill creates a new misdemeanor offense for altering gift cards or packaging with fraudulent intent, punishable by up to 18 months in jail or a $500 fine. This directly affects individuals committing gift card fraud and businesses handling gift card transactions in Maryland.
SB 465 modifies Maryland's evidence rules to allow certain out-of-court statements in second-degree assault cases when the defendant caused the witness's unavailability through wrongdoing. It permits statements made under oath, in writing with the declarant's signature, or recorded verbatim to be admitted if the court finds by a preponderance of evidence that the defendant engaged in wrongdoing to make the witness unavailable. Before admitting such a statement, the court must hold a separate hearing outside the jury's presence to verify the defendant's wrongdoing. This bill directly affects defendants charged with second-degree assault and prosecutors seeking to use specific witness statements in trial.
SB 221 amends Maryland's criminal code to strengthen penalties for possessing or viewing child pornography. It specifically defines "indistinguishable from an actual child" (including realistic computer-generated images) and creates two key thresholds: possessing 100+ images of minors in sexual situations or under-13 images triggers felony charges, increasing potential sentences to 10 years. The law directly affects individuals who possess, view, or distribute such images, including both actual child content and realistic digital depictions. Penalties escalate for repeat offenses or cases involving children under 13, with sentences potentially exceeding 10 years for the most severe violations.
SB 810 prohibits public school security personnel (including school resource officers, security employees, and certain off-duty officers providing school coverage) from engaging in federal immigration enforcement or sharing student/employee information for immigration purposes. The bill specifically bans using school staff for Section 287(g) federal immigration investigations and restricts sharing educational or personnel records related to immigration enforcement, except when presented with a valid judicial warrant, subpoena, or legal order. School security personnel must immediately contact the county superintendent and legal counsel if shown such legal documents. This law directly affects all Maryland public schools and their security staff, taking effect July 1, 2026, and aligns with existing privacy laws.
SB 626 (Birth Certificate Modernization Act) updates Maryland law to simplify changing sex designation on birth certificates and identification documents. It removes the prior requirement for medical documentation (such as surgery or hormone treatment) to update a birth certificate, instead allowing a written request under penalty of perjury. The bill also expands options for sex designation on driver's licenses, ID cards, and moped permits beyond male/female. It specifically includes intersex conditions as a valid basis for changing sex designation on records, while maintaining court orders as an alternative path. This directly affects individuals seeking to update their sex designation on official state-issued documents.
HB 1018 establishes minimum mandatory standards for the care, custody, and conditions of individuals held in Maryland's immigration detention facilities. It directly affects immigration detainees, facility operators (including private entities), and healthcare/security staff who must report violations. Key provisions require the Secretary of Public Safety to adopt regulations covering safety, housing, food, and rights; mandate facility inspections and annual certifications; and authorize the Commission to shut down facilities deemed life-threatening or health-endangering. The bill also obligates staff to report violations with disciplinary consequences for non-compliance and allows the Attorney General to sue private facility operators for violations.
HB 1467 amends Maryland's criminal code to allow out-of-state, federal, or tribal court convictions for certain sex offenses to count as prior convictions for enhanced sentencing. Specifically, it expands the definition of "prior conviction" under fourth-degree sexual offense penalties to include crimes that would qualify as violations of specific Maryland statutes (e.g., sexual offenses involving minors) if committed in Maryland. This directly affects repeat offenders who have prior convictions for equivalent offenses in other jurisdictions, potentially leading to longer prison terms (up to 3 years) for subsequent offenses. The bill does not change the underlying offenses but modifies sentencing eligibility based on prior convictions from outside Maryland. It takes effect October 1, 2026.
HB 765 amends Maryland's criminal code to explicitly prohibit counterfeiting or possessing counterfeit leases and rental agreements with intent to defraud. It adds "lease" (subsection a(7)) and "rental agreement" (a(13)) to the list of items protected under counterfeiting laws, which previously covered items like bonds and checks. Creating or aiding in creating such counterfeits becomes a felony punishable by up to 10 years in prison or a $1,000 fine, while knowingly possessing them is a misdemeanor punishable by up to 3 years in prison or a $1,000 fine. The bill directly affects individuals who fraudulently create or use fake rental documents, such as those attempting to evade rent or commit property fraud.
HB 159 proposes to amend Maryland law regarding mail theft by creating new prohibitions on stealing mail or packages under specific circumstances. The bill establishes two new sections (3-905 and 3-905.1) in the Criminal Law Article, defining prohibited acts and penalties for mail theft. It also clarifies that violations of these new provisions will be tried in District Court or Circuit Court, depending on the offense severity. This bill directly affects individuals who steal or possess stolen mail or packages, and it is currently pending in the Maryland General Assembly.
