Maryland Statutes
Criminal Procedure

Section 1-210 - Seeking Medical Assistance for Another Who Ingested or Used Alcohol or Drugs - (a) The act of seeking, providing, or assisting with the...

Title 2 - Law Enforcement Procedures; Arrest Process

Subtitle 1 - Definitions; General Provisions

Section 2-101 - Definitions - (a) In this title the following words have the meanings...

Section 2-102 - Authority of Police Officers -- in General - (a) This section does not apply to an employee of...

Section 2-103 - Authority of Police Officers -- Service of Arrest Warrants - (a) In this section, “primary law enforcement officer” means: (1)...

Section 2-104 - Authority of Federal Law Enforcement Officers - (a) In this section, “federal law enforcement officer” means an...

Section 2-104.1 - Authority of Federal Law Enforcement Officers -- United States Park Police Officer - A United States Park Police officer may make arrests, conduct...

Section 2-105 - Mutual Aid Agreements - (a) In this section, “governing body” means: (1) the county...

Section 2-106 - Keeping Custody of Arrested Persons - (a) (1) A peace officer, who is appointed in the...

Section 2-106.1 - Custody of Arrested Persons Before Release in Allegany County - (a) This section applies only in Allegany County. (b) Except...

Section 2-107 - Duty to Semiconscious or Unconscious Suspects - (a) (1) Before a law enforcement officer may charge with...

Section 2-108 - Notification of Parent or Guardian of the Charging or Arrest of Minor - (a) A law enforcement officer who charges a minor with...

Section 2-109 - Duties of Police Officer Upon Traffic Stop or Other Stop -- Failure to Comply -- Recording the Officer's Actions - ** TAKES EFFECT JULY 1, 2022 PER CHAPTER 59 OF...

Subtitle 2 - Warrantless Arrests

Section 2-201 - Effect of Subtitle - (a) This subtitle does not impair a right of arrest...

Section 2-202 - Warrantless Arrests -- in General - (a) A police officer may arrest without a warrant a...

Section 2-203 - Warrantless Arrests -- Commission of Specified Crimes - (a) A police officer without a warrant may arrest a...

Section 2-204 - Warrantless Arrests -- for Domestic Abuse - (a) A police officer without a warrant may arrest a...

Section 2-204.1 - Warrantless Arrests -- for Violation of Protective Order - A police officer shall arrest with or without a warrant...

Section 2-205 - Warrantless Arrests -- for Stalking - A police officer without a warrant may arrest a person...

Section 2-206 - Warrantless Arrests During State of Emergency - (a) This section applies during a public emergency, as defined...

Section 2-207 - Authority of Correctional and Other Employees - (a) Correctional employees assigned by the Commissioner of Correction to...

Section 2-208 - Authority of State Fire Marshal and Assistants - (a) (1) The State Fire Marshal or a full–time investigative...

Section 2-208.1 - Authority of Montgomery County Fire and Explosive Investigator - (a) In this section, “Montgomery County fire and explosive investigator”...

Section 2-208.2 - Authority of Anne Arundel County or City of Annapolis Fire and Explosive Investigator - (a) In this section, “Anne Arundel County or City of...

Section 2-208.3 - Authority of Prince George's County Fire and Explosive Investigator - (a) In this section, “Prince George’s County fire and explosive...

Section 2-208.4 - Authority of Worcester County Fire and Explosive Investigator - (a) In this section, “fire and explosive investigator” means an...

Section 2-208.5 - Authority of City of Hagerstown Fire and Explosive Investigator - (a) In this section, “fire and explosive investigator” means an...

Section 2-208.6 - Authority of Fire and Explosive Investigators in Howard County - (a) In this section, “fire and explosive investigator” means an...

Section 2-210 - Trespassing on Posted Property Used for Defense-Related Activity - (a) If a person employed as a watchman or guard...

Subtitle 3 - Fresh Pursuit

Part I - Fresh Pursuit In-State

Section 2-301 - Elements and Conditions of Fresh Pursuit; Authority of Officers - (a) This section applies to a law enforcement officer of...

Part II - Uniform Act on Fresh Pursuit

Section 2-304 - Definitions - (a) In Part II of this subtitle the following words...

Section 2-305 - Authority of Officers of Other States to Arrest in This State - (a) A member of a state, county, or municipal law...

Section 2-306 - Hearing to Determine Lawfulness of Arrest - (a) If an officer of another state makes an arrest...

Section 2-307 - Notice of Subtitle - After this Part II of this subtitle is passed and...

Section 2-308 - Validity of Part - If any provision of Part II of this subtitle is...

Section 2-309 - Short Title - Part II of this subtitle is the Maryland Uniform Act...

Subtitle 4 - Custodial Interrogation

Section 2-401 - "Custodial Interrogation" Defined - In this subtitle, “custodial interrogation” retains its judicially determined meaning.

Section 2-402 - Public Policy - It is the public policy of the State that: (1)...

Section 2-403 - Exemption From Maryland Wiretapping and Electronic Surveillance Act - An audio or audiovisual recording made by a law enforcement...

Section 2-404 - Report - On or before December 31, 2009, and annually thereafter, the...

Title 3 - Incompetency and Criminal Responsibility in Criminal Cases

Section 3-101 - Defined Terms - (a) In this title the following words have the meanings...

Section 3-102 - Secretary to Adopt Regulations - The Secretary of the Health Department shall adopt regulations to...

Section 3-103 - Interpreters for Proceedings - (a) (1) The court shall appoint a qualified interpreter to...

Section 3-104 - Court to Determine Competence - (a) If, before or during a trial, the defendant in...

Section 3-105 - Examination of Defendant by Health Department - (a) (1) For good cause and after giving the defendant...

Section 3-106 - Finding of Incompetency - (a) (1) In this section, “designated health care facility” means:...

Section 3-107 - Dismissal of Charges - (a) Whether or not the defendant is confined and unless...

Section 3-108 - Reports on Incompetent Persons - (a) (1) In addition to any other report required under...

Section 3-109 - Test for Criminal Responsibility - (a) A defendant is not criminally responsible for criminal conduct...

Section 3-110 - Not Criminally Responsible -- Plea and Verdict - (a) (1) If a defendant intends to rely on a...

Section 3-111 - Not Criminally Responsible -- Examination - (a) If a defendant has entered a plea of not...

Section 3-112 - Not Criminally Responsible -- Commitment - (a) (1) In this section, “designated health care facility” means:...

Section 3-113 - Report on Committed Persons - (a) (1) Within 10 days after commitment of a person...

Section 3-114 - Eligibility for Release - (a) A committed person may be released under the provisions...

Section 3-115 - Release Hearing - (a) Within 50 days after commitment to the Health Department...

Section 3-116 - Report of Office - (a) Within 10 days after the hearing ends, the Office...

Section 3-117 - Court Review of Report of Office - (a) Within 30 days after the court receives the report...

Section 3-118 - Court Action on Report of Office - (a) Within 15 days after a judicial hearing ends or...

Section 3-119 - Application for Release - (a) (1) Not earlier than 1 year after the initial...

Section 3-120 - Conditional Release Request by Health Department - (a) (1) If at any time the Health Department considers...

Section 3-121 - Allegations of Violations of Conditional Release - (a) (1) If the State’s Attorney receives a report that...

Section 3-122 - Application for Change in Conditional Release - (a) (1) An application to the court for a change...

Section 3-123 - Notification of Victim - (a) (1) In this section the following terms have the...

Section 3-124 - Examination of Defendant's Information by Health Department -- Access to Judicial Records - (a) Notwithstanding any other provision of law, the Health Department...

Title 4 - Pretrial Procedures

Subtitle 1 - Charging Procedures and Documents

Section 4-101 - Charge by Citation - (a) (1) In this section the following words have the...

Section 4-102 - Charge by Criminal Information - A State’s Attorney may charge by information: (1) in a...

Section 4-103 - Preliminary Hearing - (a) If a defendant is charged with a felony other...

Section 4-104 - Merger of Common Law Misdemeanor in Statutory Felony Prohibited - If a statute makes a felony of a crime that...

Section 4-105 - Naming of Two or More Persons With Like Interests in Charging Document - (a) In speaking of any partners, joint tenants, heirs, tenants...

Section 4-106 - Description of Money in Charging Document - (a) A charging document may describe an amount of money...

Section 4-107 - Charging Document for Violation of Ordinance - (a) It is not necessary to set forth a copy...

Section 4-108 - Charging Document for Crimes Involving Instruments - (a) In making an averment as to an instrument, whether...

Section 4-109 - Invalidation and Destruction of Unexecuted Warrant, Summons, or Other Criminal Process - (a) This section applies only to a warrant, summons, or...

Subtitle 2 - Venue and Other Procedural Matters

Section 4-201 - Venue - (a) In the District Court, a prosecution for a crime...

Section 4-202 - Transfer of Criminal Cases to Juvenile Court - (a) (1) In this section the following words have the...

Section 4-202.1 - Transfer of Case Involving Detained Child - (a) In this section, “child” means a defendant who is...

Section 4-202.2 - Transfer of Case Involving Detained Child -- at Sentencing - (a) At sentencing, a court exercising criminal jurisdiction in a...

Section 4-203 - Process Against Corporations - (a) (1) In this section the following words have the...

Section 4-204 - Accessory Before the Fact - (a) In this section, the words “accessory before the fact”...

Section 4-205 - Blood Lead Level Testing - (a) Before trial, a court exercising criminal jurisdiction in a...

Section 4-206 - Petition to Freeze Assets -- Financial Crimes Against Vulnerable and Elder Adults - (a) (1) In this section the following words have the...

Title 5 - Release

Subtitle 1 - In General

Section 5-101 - Release on Personal Recognizance - (a) This section shall be liberally construed to carry out...

Section 5-102 - Defendant Charged With Crime Punishable by Life Imprisonment - A defendant charged with a crime punishable by life imprisonment...

Section 5-103 - Pretrial Risk Scoring Instrument - (a) In this section, “pretrial risk scoring instrument” means a...

Section 5-104 - (a) (1) In this section the following words have the...

Subtitle 2 - Pretrial Release

Section 5-201 - Conditions of Pretrial Release - (a) (1) The court or a District Court commissioner shall...

Section 5-202 - Restrictions on Pretrial Release - (a) A District Court commissioner may not authorize pretrial release...

Section 5-203 - Bail Bonds in Circuit Courts - (a) (1) Subject to paragraphs (2) and (3) of this...

Section 5-204 - Bail After Adjournment or During Recess of Circuit Court - (a) In a criminal case in a circuit court in...

Section 5-205 - Bail in District Court - (a) A District Court judge may: (1) set bond or...

Section 5-206 - Reinstatement of Bail After Discharge at Preliminary Hearing - In a criminal case, a judge may reinstate any bail,...

Section 5-207 - Termination of Bond on Sentencing - (a) If a defendant is found guilty in a circuit...

Section 5-208 - Striking Out Forfeiture of Bail or Collateral; Production of Defendant - (a) In this section, “return” means to place in the...

Section 5-209 - Property Bondsmen - (a) In this section, “property bondsman” means a person other...

Section 5-210 - Soliciting Business - (a) (1) In this section the following words have the...

Section 5-211 - Failure to Surrender After Forfeiture of Bail or Recognizance - (a) If a person has been charged with a crime...

Section 5-212 - Failure to Appear in Response to Citation - (a) This section does not apply to a citation: (1)...

Section 5-213 - Violation of Conditions of Pretrial Release - (a) A court may issue a bench warrant for the...

Section 5-213.1 - Violation of Conditions of Pretrial Release -- Sexual Crimes - (a) A person may not violate a condition of pretrial...

Section 5-214 - Posting Bond Without Appearance of Defendant - Notwithstanding Maryland Rule 4–217(g), after a defendant has appeared in...

Section 5-215 - Presentation of Defendant Denied Pretrial Release or Who Remains in Custody - A defendant who is denied pretrial release by a District...

Title 6 - Trial and Sentencing

Subtitle 1 - Trial

Section 6-101 - Right to Trial by Jury - In a criminal case tried in a court of general...

Section 6-102 - Role of Jury - Except as provided in § 6-104 of this subtitle, in...

Section 6-103 - Trial Date - (a) (1) The date for trial of a criminal matter...

Section 6-104 - Motion for Judgment of Acquittal on Ground of Insufficient Evidence - (a) (1) At the close of the evidence for the...

Section 6-105 - Motion for New Trial - (a) Except as provided in subsection (b) of this section,...

Section 6-106 - Rights of Victim or Victim's Representative - (a) Before a hearing under § 6-105 of this subtitle,...

Subtitle 2 - Sentencing

Part I - State Commission on Criminal Sentencing Policy

Section 6-201 - "Commission" Defined - In this part, “Commission” means the State Commission on Criminal...

Section 6-202 - Statement of Intent - The General Assembly intends that: (1) sentencing should be fair...

Section 6-203 - Established - There is a State Commission on Criminal Sentencing Policy.

Section 6-204 - Membership - (a) The Commission consists of the following 19 members: (1)...

Section 6-205 - Quorum; Meetings; Compensation; Staff - (a) A majority of the authorized membership of the Commission...

Section 6-206 - Miscellaneous Powers and Duties - (a) In addition to any other powers set forth elsewhere,...

Section 6-207 - Duty of State and Local Units - Each State unit and local governmental unit shall cooperate with...

Section 6-208 - Sentencing Guidelines - (a) (1) The Commission shall adopt sentencing guidelines that the...

Section 6-209 - Annual Report - (a) The Commission shall review annually sentencing policy and practice...

Section 6-210 - Collecting Guidelines Worksheets and Monitoring of Practice - The Commission shall: (1) collect sentencing guidelines worksheets and automate...

Section 6-211 - Adoption of Voluntary Guidelines - (a) Subject to subsection (b) of this section, the Commission...

Section 6-212 - Training, Operations, and Information - The Commission shall: (1) hold training and orientation programs for...

Section 6-213 - Use of Correctional Population Simulation Model - (a) The Commission shall use a correctional population simulation model...

Section 6-214 - Sentencing Guidelines Worksheet Entry Location for Certain Economic Crimes Information - The Commission shall include an entry location on a sentencing...

Part II - Sentencing Procedures

Section 6-216 - Judicial Sentencing Guidelines - (a) (1) A circuit court shall consider: (i) the sentencing...

Section 6-217 - Announcement of Minimum Confinement for Violent Crime - (a) When a sentence of confinement that is to be...

Section 6-218 - Credit Against Sentence for Time Spent in Custody - (a) This section does not apply to a parolee who...

Section 6-219 - Suspension of Sentence and Other Conditions Placed on Sentence - (a) In this section, “custodial confinement” means: (1) home detention;...

Section 6-220 - Probation Before Judgment - (a) In this section, “custodial confinement” means: (1) home detention;...

Section 6-221 - Suspension of Sentence or Probation After Judgment - On entering a judgment of conviction, the court may suspend...

Section 6-222 - Limits on Probation After Judgment; Extension for Restitution - (a) A circuit court or the District Court may: (1)...

Section 6-223 - Additional Powers of District Court - (a) A circuit court or the District Court may end...

Section 6-224 - Sentencing by Other Judge - (a) This section applies to a defendant who is convicted...

Section 6-225 - Conditions of Probation After Judgment - (a) (1) In this section, “custodial confinement” means: (i) home...

Section 6-226 - Fees for Probation Under Supervision of Division of Parole and Probation - (a) In this section, “supervisee” means a person that the...

Section 6-228 - Approver - Approver may not be admitted in a case.

Section 6-229 - Nolle Prosequi or Stet With Requirement of Drug or Alcohol Treatment - (a) This section does not apply to a person: (1)...

Section 6-230 - Orders Striking Entry of Judgment; When Prohibited - (a) (1) Except as provided in subsection (d) of this...

Section 6-231 - Considerations and Findings Prior to Revocation of Probation - Before the revocation of any probation ordered under this title,...

Section 6-232 - Notice to Defendant Regarding Expungement of Record - (a) In a criminal case, when all of the charges...

Section 6-233 - Domestically Related Crimes - (a) In this section, “domestically related crime” means a crime...

Section 6-234 - Transfer of Firearm Upon Conviction of a Disqualifying Crime - (a) (1) In this section the following words have the...

Section 6-235 - Sentencing a Minor Convicted as an Adult -- Less Than Minimum Term -- Life Imprisonment Without Parole Prohibited - Notwithstanding any other provision of law, when sentencing a minor...

Title 7 - Uniform Postconviction Procedure Act

Subtitle 1 - In General

Section 7-101 - Scope of Title - This title applies to a person convicted in any court...

Section 7-102 - Right to Begin Proceeding - (a) Subject to subsection (b) of this section, §§ 7-103...

Section 7-103 - Number and Time of Filing of Petitions - (a) For each trial or sentence, a person may file...

Section 7-104 - Reopening Postconviction Proceeding - The court may reopen a postconviction proceeding that was previously...

Section 7-105 - Victim's and Representative's Rights of Notice and Attendance - (a) Before a hearing is held on a petition filed...

Section 7-106 - Allegation of Error - (a) For the purposes of this title, an allegation of...

Section 7-107 - Effect of Postconviction Remedy on Trial Proceedings and Appeals - (a) The remedy provided under this title is not a...

Section 7-108 - Right to Counsel and Hearing - (a) Except as provided in subsection (b) of this section,...

Section 7-109 - Appeal of Final Order - (a) Within 30 days after the court passes an order...

Subtitle 3 - Short Title

Section 7-301 - Short Title - This title is the Uniform Postconviction Procedure Act.

Title 8 - Other Postconviction Review

Subtitle 1 - In General

Section 8-101 - Definitions - (a) In this subtitle the following terms have the meanings...

Section 8-102 - Right to Sentence Review - (a) Except as provided in subsection (b) of this section,...

Section 8-103 - Right to Counsel - (a) A person entitled to file an application for a...

Section 8-104 - Filing of Application for Review - (a) The filing of an application for sentence review under...

Section 8-105 - Review Panel - (a) A review panel consists of three or more circuit...

Section 8-106 - Rights to Notice of and Appearance at Hearing - (a) A review panel may increase, modify, or reduce a...

Section 8-107 - Rules for Decision Making - (a) Except as provided in subsection (c) of this section,...

Section 8-109 - Rules of Procedure - The Court of Appeals shall adopt rules to carry out...

Section 8-110 - Sentencing of Adult Convicted of Offense Committed While Minor -- Reduction of Sentence -- Factors Considered -- Written Decision - (a) This section applies only to an individual who: (1)...

Subtitle 2 - Dna Evidence -- Postconviction Review

Section 8-201 - Dna Evidence -- Postconviction Review - (a) (1) In this section the following words have the...

Subtitle 3 - Newly Discovered Evidence

Section 8-301 - Petition for Writ of Actual Innocence - (a) A person charged by indictment or criminal information with...

Section 8-301.1 - Vacation of Probation Before Judgment or Judgment of Conviction - (a) On a motion of the State, at any time...

Section 8-302 - Motion to Vacate Judgment for Acts of Prostitution Committed Under Duress - (a) (1) In this section the following words have the...

Subtitle 4 - Coram Nobis

Section 8-401 - Failure to Seek Appeal Is Not Waiver - The failure to seek an appeal in a criminal case...

Title 9 - Extradition

Section 9-101 - Definitions - (a) In this subtitle the following words have the meanings...

Section 9-102 - Fugitives From Justice; Duty of Governor - Subject to the provisions of this title, the provisions of...

Section 9-103 - Form of Demand - (a) A demand for the extradition of a person charged...

Section 9-104 - Governor May Call for Investigation - When a demand is made upon the Governor of this...

Section 9-105 - Extradition of Persons Imprisoned or Awaiting Trial in Another State or Who Have Left the Demanding State Under Compulsion - (a) When it is desired to have returned to this...

Section 9-106 - Extradition of Persons Not Present in Demanding State at Time of Commission of Crime - (a) The Governor of this State may also surrender, on...

Section 9-107 - Governor's Warrant of Arrest - (a) If the Governor decides that the demand should be...

Section 9-108 - Manner and Place of Execution - A warrant issued under § 9-107 of this title shall...

Section 9-109 - Authority of Arresting Officer - A law enforcement officer or other person empowered to make...

Section 9-110 - Rights of Accused Person; Application for Writ of Habeas Corpus - (a) (1) A person arrested upon a warrant issued under...

Section 9-111 - Noncompliance With Delivery Procedures - (a) An officer may not deliver to the agent for...

Section 9-112 - Confinement in Correctional Facility When Necessary - (a) (1) The officer or person executing the Governor’s warrant...

Section 9-113 - Arrest Before Requisition - (a) This section applies whenever: (1) it is charged on...

Section 9-114 - Arrest Without Warrant - (a) The arrest of a person may be lawfully made...

Section 9-115 - Commitment to Await Requisition; Bail - If, from the examination before the judge or District Court...

Section 9-116 - Bail by Bond - (a) Except as provided in subsection (b) of this section,...

Section 9-117 - Discharge, Recommitment, or Renewal of Bail - If the accused is not arrested under warrant of the...

Section 9-118 - Forfeiture of Bail - (a) If the accused is admitted to bail and fails...

Section 9-119 - Persons Under Criminal Prosecution in This State at Time of Requisition - If a criminal prosecution has been instituted against a person...

Section 9-120 - Inquiry Into Guilt or Innocence of Accused Prohibited - The guilt or innocence of the accused of the crime...

Section 9-121 - Governor May Recall Warrant - The Governor may recall a warrant of arrest or may...

Section 9-122 - Fugitives From This State; Duty of Governor - Whenever the Governor demands a person charged with crime or...

Section 9-123 - Application for Issuance of Requisition; by Whom Made; Contents - (a) (1) When the return to this State of a...

Section 9-124 - Waiver of Extradition Proceedings - (a) (1) Any person arrested in this State charged with...

Section 9-125 - No Waiver by This State - (a) Nothing in this title is a waiver by this...

Section 9-126 - No Right of Asylum or Immunity From Other Criminal Prosecutions While in This State - After a person has been brought back to this State...

Section 9-127 - Interpretation of Title - This title shall be interpreted and construed to effectuate its...

Section 9-128 - Short Title - This title is the Uniform Criminal Extradition Act.

Title 10 - Criminal Records

Subtitle 1 - Expungement of Police and Court Records

Section 10-101 - Definitions - (a) In this subtitle the following words have the meanings...

Section 10-102 - Scope - (a) A police record or a court record is subject...

Section 10-103 - Expungement of Police Record When No Charge Is Filed - (a) For arrests, detentions, or confinements occurring before October 1,...

Section 10-103.1 - Expungement of Police Records After Release Without Charge - (a) For arrests or confinements occurring on or after October...

Section 10-104 - Expungement on Nolle Prosequi Before Service - (a) Unless the State objects and shows cause why a...

Section 10-105 - Expungement of Record After Charge Is Filed - (a) A person who has been charged with the commission...

Section 10-105.1 - Circumstances Requiring Expungement of Certain Records After a Period of Time -- Notices of Expungement - (a) Beginning October 1, 2021, any police record, court record,...

Section 10-105.2 - Notification of Defendant by Court Regarding Right to Expungement -- Mail -- Waiver and Release - (a) Subject to subsection (b) of this section, after disposition...

Section 10-106 - Expungement of Criminal Charge Transferred to Juvenile Court - (a) A person may file, and a court shall grant,...

Section 10-107 - Charges Arising From Same Incident, Transaction, or Set of Facts - (a) (1) In this subtitle, if two or more charges,...

Section 10-108 - Opening, Review, or Disclosure of Expunged Records - (a) A person may not open or review an expunged...

Section 10-109 - Prohibited Acts - (a) (1) Disclosure of expunged information about criminal charges in...

Section 10-110 - Petition for Expungement - (a) A person may file a petition listing relevant facts...

Section 10-111 - Prohibition on Reference to Possession of Marijuana Charges - The Maryland Judiciary Case Search may not in any way...

Subtitle 2 - Criminal Justice Information System

Part I - Definitions; General Provisions

Section 10-201 - Definitions - (a) In this subtitle the following words have the meanings...

Section 10-202 - Legislative Findings - The General Assembly finds that there is a need: (1)...

Section 10-203 - Purpose of Subtitle - The purpose of this subtitle is: (1) to create and...

Section 10-204 - Effect of Subtitle - Notwithstanding any other provision of this subtitle, a person may...

Section 10-205 - Police Department of the Johns Hopkins University - It is the intent of the General Assembly that the...

Part II - Criminal Justice Information Advisory Board

Section 10-207 - Established - (a) There is a Criminal Justice Information Advisory Board. (b)...

Section 10-208 - Membership - (a) The Advisory Board consists of the following 25 members:...

Section 10-209 - Quorum; Ex Officio Members; Meetings; Expenses; Staff - (a) A majority of the members of the Advisory Board...

Section 10-210 - Duties - The Advisory Board shall: (1) advise the Secretary, the Court...

Part III - Criminal Justice Information System Central Repository

Section 10-213 - Establishment, Administration, Status, and Duties - (a) There is a Criminal Justice Information System Central Repository...

Section 10-214 - Reporting Data to Central Repository - (a) Each criminal justice unit shall report in accordance with...

Section 10-215 - Reportable Events - (a) The following events are reportable events under this subtitle...

Section 10-216 - Fingerprinting - (a) In this section, “law enforcement unit” means: (1) a...

Section 10-217 - Agreements Between Central Repository and Criminal Justice Units - (a) The Secretary and the Chief Judge of the Court...

Section 10-218 - Procedures for Sharing Criminal History Record Information - The Secretary and the Chief Judge of the Court of...

Section 10-219 - Disseminating Criminal History Record Information -- in General - (a) Except in accordance with applicable federal law and regulations,...

Section 10-220 - Maintaining and Disseminating of Criminal History Record Information About Children - (a) Except as provided in subsections (b) and (c) of...

Section 10-221 - Regulations and Rules - (a) To carry out this subtitle and to establish, operate,...

Section 10-222 - Inspection of Criminal History Record Information - (a) Subject to § 10-226 of this subtitle, a person...

Section 10-223 - Challenge of Criminal History Record Information - (a) A person who has inspected the person’s own criminal...

Section 10-224 - Correction of Criminal History Record Information - (a) If a challenge of criminal history record information under...

Section 10-225 - Inspection or Challenge of Criminal History Record Information Recorded Before July 1, 1976 - (a) This section applies only to criminal history record information...

Section 10-226 - Inspection or Challenge of Criminal History Record Information Relevant to Pending Criminal Proceeding - (a) A person may not inspect or challenge criminal history...

Section 10-227 - Appeal Rights - (a) A person aggrieved by a decision of a criminal...

Section 10-228 - Prohibited Act; Penalty - (a) An employer or prospective employer may not require a...

Section 10-229 - Inclusion of Sex Offender Status on "Rap" Sheet - A State Record of Arrest and Prosecution (“RAP” sheet) that...

Part IV - Criminal History Records Check Requests -- Counties and Municipalities

Section 10-231 - Criminal History Records Check Requests -- Counties and Municipalities - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-231.1 - Baltimore County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-231.2 - Caroline County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-232 - Carroll County - (a) This section does not apply to a person who...

Section 10-232.1 - Dorchester County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-233 - Howard County - (a) The County Administrator of Howard County shall apply to...

Section 10-233.1 - Howard County Department of Inspections, Licenses and Permits - (a) (1) In this section the following words have the...

Section 10-233.2 - Kent County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-234 - Montgomery County - (a) In this section, “taxicab license”: (1) means a license...

Section 10-234.1 - Prince George's County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-234.2 - Talbot County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-235 - Washington County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-236.1 - Wicomico County - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-236.2 - City of Frederick - (a) In this section, “Central Repository” means the Criminal Justice...

Section 10-236.3 - Ocean City - (a) In this section, “Central Repository” means the Criminal Justice...

Part V - National Crime Prevention and Privacy Compact

Section 10-237 - Established - The National Crime Prevention and Privacy Compact is hereby entered...

Section 10-238 - Electronic Information Sharing System - (a) This Compact organizes an electronic information sharing system among...

Section 10-239 - Definitions - (a) In this part the following words have the meanings...

Section 10-240 - Purposes of the Compact - The purposes of this Compact are to: (1) provide a...

Section 10-241 - Responsibilities of Fbi Director and Party State Under Compact - (a) The Director of the FBI shall: (1) appoint an...

Section 10-242 - Criminal History Records - (a) To the extent authorized by Section 552A of Title...

Section 10-243 - Criminal History Records -- Procedure - (a) Subject fingerprints or other approved forms of positive identification...

Section 10-244 - Compact Council - (a) (1) There is established a Council to be known...

Section 10-245 - Effective Date; Ratification - (a) This Compact shall take effect upon being entered into...

Section 10-246 - Matters Not Affected by Compact - (a) Administration of this Compact shall not interfere with the...

Section 10-247 - Renunciation of Compact - (a) This Compact shall bind each party state until renounced...

Section 10-248 - Severability of Provisions - The provisions of this Compact shall be severable, and if...

Section 10-249 - Adjudication of Disputes - (a) The Council shall: (1) have initial authority to make...

Section 10-250 - Designation of Compact Officer - The Secretary of the Department of Public Safety and Correctional...

Subtitle 3 - Shielding

Section 10-301 - Definitions - (a) In this subtitle the following words have the meanings...

Section 10-302 - Accessibility of Shielded Record - (a) This subtitle does not apply to a conviction of...

Section 10-303 - Petition; Eligibility for Shielding; Objection by State's Attorney; Hearings; Notice to Victims - (a) A person may petition the court to shield the...

Section 10-304 - Reference to Shielded Records Prohibited - The Maryland Judiciary Case Search may not in any way...

Section 10-305 - Conviction Not Considered Conviction Under 10-105(e)(4)(i) of This Title - A conviction that has been shielded under this subtitle may...

Section 10-306 - Prohibited Disclosures - (a) A person authorized to access a shielded record under...

Subtitle 4 - Maryland Judiciary Case Search Records

Section 10-401 - Restrictions on References to Certain Records of Charges in Judiciary Case Search - The Maryland Judiciary Case Search may not in any way...

Title 11 - Victims and Witnesses

Subtitle 1 - General Provisions

Part I - Definitions; Rights Available Throughout Proceedings

Section 11-101 - Definitions - (a) In this title the following words have the meanings...

Section 11-102 - Victim's Right to Attend Proceedings - (a) If practicable, a victim or victim’s representative who has...

Section 11-103 - Appeals - (a) (1) In this section, “crime” means: (i) a crime;...

Section 11-104 - Victim Notification - (a) (1) In this section the following words have the...

Section 11-105 - Opportunity to Request Victim Protection Prior to Issuance of Arrest Warrant or Summons - On a finding of probable cause and before the issuance...

Part II - Right to Hiv and Hepatitis C Testing

Section 11-107 - Definitions - (a) In Part II of this subtitle the following words...

Section 11-108 - Elements of Conviction - For the purposes of Part II of this subtitle, a...

Section 11-109 - Elements of Exposure - (a) In this section, “body fluids” has the meaning stated...

Section 11-110 - Hiv or Hepatitis C Testing of Charged Person - In addition to testing allowed under § 11–112 of this...

Section 11-110.1 - Emergency Order for Hiv Testing - (a) In this section, “health care provider” has the meaning...

Section 11-111 - Hearing - (a) (1) Before ordering a test under § 11-110 of...

Section 11-112 - Hiv or Hepatitis C Testing After Conviction, Probation Before Judgment, or Adjudication - (a) Within 10 days of a written request of a...

Section 11-113 - Notification - (a) (1) After conviction or a finding of a prohibited...

Section 11-114 - Disclosure of Test Results - (a) A victim or victim’s representative who receives notification under...

Section 11-115 - Test Results Not Admissible as Evidence - The results of a test held under Part II of...

Section 11-116 - Immunity for State Employees and Agents - An agent or employee of the Maryland Department of Health...

Section 11-117 - Regulations - The Maryland Department of Health shall adopt regulations to carry...

Subtitle 2 - Pretrial Rights

Section 11-201 - Rights of Victim of Assault - A victim of an assault has the rights provided under...

Section 11-202 - Victim of Delinquent Act - (a) In this section, “victim” has the meaning stated in...

Section 11-203 - Protection of Victim Before Trial or Hearing - As provided under § 5-201 of this article or §...

Section 11-204 - Competence Examination Notification - As provided under § 3–122 of this article, the Maryland...

Section 11-205 - Restrictions on Release of Information - (a) In this section, “domestically related crime” has the meaning...

Subtitle 3 - Trial Procedures

Section 11-301 - Release of Address or Phone Number of Victim or Witness - On motion of the State or on request of a...

Section 11-302 - Presence of Victim or Representative at Trial - (a) (1) In this section the following words have the...

Section 11-303 - Testimony of Child Victim by Closed Circuit Television - (a) This section applies to a case of abuse of...

Section 11-304 - Out of Court Statements of Certain Child Victims - (a) In this section, “statement” means: (1) an oral or...

Subtitle 4 - Sentencing Procedures

Section 11-401 - "Victim's Representative" Defined - In this subtitle, “victim’s representative” means: (1) a member of...

Section 11-402 - Victim Impact Statement in Presentence Investigation - (a) A presentence investigation that the Division of Parole and...

Section 11-403 - Right of Victim or Victim's Representative to Address Court During Sentencing or Disposition Hearing - (a) In this section, “sentencing or disposition hearing” means a...

Subtitle 5 - Postsentencing Procedures

Section 11-501 - Definitions - (a) In this subtitle the following words have the meanings...

Section 11-503 - Notice of Subsequent Proceedings - (a) In this section, “subsequent proceeding” includes: (1) a sentence...

Section 11-504 - Proceedings at Patuxent Institution -- Notice and Comment - (a) Before the Board of Review for Patuxent Institution grants...

Section 11-505 - Department of Public Safety and Correctional Services -- Notice and Comment - (a) This section applies to a victim or victim’s representative...

Section 11-506 - Victim's Rights After Finding of Not Criminally Responsible - Whenever a person has been committed to the Maryland Department...

Section 11-507 - Notification of Probation Violation - The Department or the Department of Juvenile Services shall notify...

Section 11-508 - Notification of Release From Confinement - (a) (1) In this section the following words have the...

Subtitle 6 - Restitution and Other Payments

Part I - Restitution

Section 11-601 - Defined Terms - (a) In Part I of this subtitle the following words...

Section 11-602 - Persons Who May Act on Behalf of Victim - On conviction, the finding of a delinquent act, acceptance of...

Section 11-603 - Restitution Determination - (a) A court may enter a judgment of restitution that...

Section 11-604 - Payers of Restitution - (a) Subject to subsection (b) of this section and notwithstanding...

Section 11-605 - When Restitution Need Not Be Ordered - (a) A court need not issue a judgment of restitution...

Section 11-606 - Payment of Restitution - (a) The court may order that restitution be paid to:...

Section 11-607 - Compliance With Restitution Judgment - (a) (1) When a judgment of restitution has been entered...

Section 11-608 - Recording and Indexing of Judgment - (a) A judgment of restitution is a money judgment in...

Section 11-609 - Judgment of Circuit Court - (a) A judgment of restitution that a circuit court orders...

Section 11-610 - Judgment of District Court - (a) (1) Except as provided in paragraph (2) of this...

Section 11-611 - No Costs for Recording or Indexing - A court may not assess costs on a person or...

Section 11-612 - Termination of Judgment or Probation - (a) (1) If a District Court decides to terminate a...

Section 11-613 - Stay of Execution of Sentence - (a) Notwithstanding any other provision of Part I of this...

Section 11-614 - Notification of Victims of Right to Restitution - (a) If practicable, the State’s Attorney should: (1) notify an...

Section 11-615 - Legally Sufficient Evidence at Restitution Hearing - (a) In a restitution hearing held under § 11-603 of...

Section 11-616 - Overdue Restitution - (a) The Division or the Department of Juvenile Services: (1)...

Section 11-617 - Earnings Withholding Orders - (a) (1) If a court issues a judgment of restitution...

Section 11-618 - State Lottery Interception - (a) (1) In this section the following words have the...

Section 11-619 - Scope of Authority of Court - (a) Subject to subsection (b) of this section, any order...

Part II - Notoriety of Crimes Contracts

Section 11-621 - Definitions - (a) In Part II of this subtitle the following words...

Section 11-622 - Submissions to Attorney General - A person who makes a notoriety of crimes contract with...

Section 11-623 - Decision by Attorney General - (a) On receipt of a submission under § 11-622 of...

Section 11-624 - Escrow Account - (a) The Attorney General shall deposit money received under this...

Section 11-625 - Payments From Escrow Account - (a) The Attorney General shall pay the defendant from the...

Section 11-626 - Limitations on Bringing Civil Action - Notwithstanding any other law, including the statute of limitations for...

Section 11-627 - Actions Void as Against Public Policy - Any action that a defendant takes to defeat the purpose...

Section 11-628 - Priorities for Claims - (a) Notwithstanding any other law, a claim on money in...

Section 11-629 - Powers of Attorney General - (a) Notwithstanding any other law, the Attorney General has exclusive...

Section 11-630 - Appeals - A person aggrieved by a final determination and order of...

Section 11-631 - Civil Penalties - (a) A person may not willfully fail: (1) to submit...

Section 11-632 - Restraining Orders and Injunctions - (a) The Attorney General may bring a proceeding in a...

Section 11-633 - Prohibited Acts - A person may not: (1) conceal the existence of a...

Subtitle 7 - Sex Offender Registration

Section 11-701 - Definitions - (a) In this subtitle the following words have the meanings...

Section 11-702 - Elements of Conviction - For the purposes of this subtitle, a person is convicted...

Section 11-702.1 - Retroactive Application of Subtitle - (a) Notwithstanding any other provision of law to the contrary,...

Section 11-703 - Determination of Predator Status - (a) (1) Subject to subsections (b) and (c) of this...

Section 11-704 - Registration Required - (a) A person shall register with the person’s supervising authority...

Section 11-704.1 - Registry of Juvenile Sex Offenders - (a) In this section, “juvenile registrant” means a person who...

Section 11-704.2 - Waiver of Registration for Sex Offender Under Witness Protection - (a) On written request by a federal agency operating a...

Section 11-705 - Deadline for Registration - (a) In this section, “resident” means a person who has...

Section 11-706 - Registration Statements - (a) For all sex offenders in the State, a registration...

Section 11-707 - Term of Registration - (a) (1) (i) A tier I sex offender and a...

Section 11-708 - Duties of Supervising Authority - (a) When a registrant registers, the supervising authority shall: (1)...

Section 11-709 - Notification Requirements of Local Law Enforcement Unit - (a) (1) (i) Within 3 days after a tier III...

Section 11-710 - Notice of Registrant's Change of Address - (a) As soon as possible but not later than 3...

Section 11-712 - Notice of Escape and Recapture - (a) If a registrant escapes from a facility, the supervising...

Section 11-713 - Duties of Department - The Department: (1) as soon as possible but not later...

Section 11-714 - Providing Registration Statements -- in General - A registration statement given to a person under this subtitle...

Section 11-715 - Providing Registration Statements -- Supervising Authority - (a) (1) On request for a copy of a registration...

Section 11-716 - Providing Registration Statements -- Local Law Enforcement Unit - (a) Subject to subsection (b) of this section, on written...

Section 11-717 - Registration Statements to Be Made Available to Public; Posting on Internet - (a) (1) The Department shall make available to the public...

Section 11-718 - Notice to Protect Public - (a) (1) If the Department or a local law enforcement...

Section 11-719 - Immunity for Public Officials, Employees, and Units - An elected public official, public employee, or public unit has...

Section 11-720 - Regulations - With advice from the Criminal Justice Information Advisory Board established...

Section 11-721 - Prohibited Act; Penalty - (a) A registrant may not knowingly fail to register, knowingly...

Section 11-722 - Entry Onto School or Day Care Property or Informal Day Care Home Prohibited - (a) (1) In this section the following words have the...

Section 11-723 - Lifetime Sexual Offender Supervision - (a) Except where a term of natural life without the...

Section 11-724 - Lifetime Sexual Offender Supervision -- Violations - (a) A person subject to lifetime sexual offender supervision may...

Section 11-725 - Sexual Offender Management Teams - (a) Under the supervision of the Division of Parole and...

Section 11-726 - Regulations - The Department of Public Safety and Correctional Services shall adopt...

Section 11-727 - Evaluations Before Sentencing for Violations of 3-602 of the Criminal Law Article - (a) Unless waived by the State’s Attorney and defense counsel,...

Subtitle 8 - Criminal Injuries Compensation Board

Section 11-801 - Definitions - (a) In this subtitle the following words have the meanings...

Section 11-802 - Legislative Policy - (a) The General Assembly finds: (1) that many innocent persons...

Section 11-803 - Executive Director's Designee - The Executive Director may designate a person to carry out...

Section 11-804 - Criminal Injuries Compensation Board - (a) There is a Criminal Injuries Compensation Board in the...

Section 11-805 - Powers and Duties of Board - (a) Subject to the authority of the Executive Director, the...

Section 11-806 - Records of Proceedings - (a) Except as provided under subsection (b) of this section,...

Section 11-807 - Criminal Incident Report - (a) In this section, “law enforcement unit” means: (1) the...

Section 11-808 - Eligibility for Awards - (a) (1) Except as provided in paragraph (2) of this...

Section 11-809 - Filing of Claims - (a) (1) Except as provided in paragraphs (2) and (3)...

Section 11-810 - Conditions for Awards on Claims - (a) (1) The Board may make an award only if...

Section 11-811 - Amount of Award - (a) (1) (i) Except as otherwise provided in this subsection,...

Section 11-812 - Funding, Length, and Termination of Awards - (a) The Board may not make an award unless money...

Section 11-813 - Emergency Award Pending Final Decision - (a) The Board may make an emergency award to the...

Section 11-814 - Board Decisions on Claims; Review by Executive Director - (a) Within 30 days after the receipt of a claim,...

Section 11-815 - Applicability of Administrative Procedure Act; Hearing; Judicial Review - (a) A claim under this subtitle is subject to the...

Section 11-816 - Payment of Award - (a) An award under this subtitle shall be paid in...

Section 11-816.1 - Reimbursement for Forensic Examinations and Other Expenses - (a) Notwithstanding any other provision of this title, only the...

Section 11-817 - Subrogation - Acceptance of an award made under this subtitle subrogates the...

Section 11-818 - False Claims - (a) A person may not assert a false claim under...

Section 11-819 - Criminal Injuries Compensation Fund - (a) (1) There is a Criminal Injuries Compensation Fund. (2)...

Subtitle 9 - Victims and Witnesses -- Services

Part I - Protection and Relocation of Victims and Witnesses

Section 11-901 - Definitions - (a) In Part I of this subtitle the following words...

Section 11-902 - Victim and Witness Protection and Relocation Program - There is a Victim and Witness Protection and Relocation Program.

Section 11-903 - Administration - The State’s Attorneys’ Coordinator shall carry out the Program in...

Section 11-904 - Purpose; Federal Funds; Expenditures - (a) Money appropriated to the Program shall be used: (1)...

Section 11-905 - Victim and Witness Protection and Relocation Fund - (a) There is a Victim and Witness Protection and Relocation...

Section 11-906 - Status; Investments; Construction - (a) (1) The Fund is a special continuing, nonlapsing fund...

Section 11-907 - Audits - Both the Program and the Fund are subject to an...

Part II - State Board of Victim Services

Section 11-910 - Definitions - (a) In Part II of this subtitle the following words...

Section 11-911 - Established - There is a State Board of Victim Services in the...

Section 11-912 - Membership - (a) The Board consists of the following 22 members: (1)...

Section 11-913 - Quorum; Meetings; Compensation - (a) A majority of the members then serving on the...

Section 11-914 - Duties - Subject to the authority of the Executive Director, the Board...

Section 11-915 - Victim Services Coordinator - (a) The Executive Director shall appoint a Victim Services Coordinator....

Section 11-916 - State Victims of Crime Fund -- in General - (a) There is a State Victims of Crime Fund. (b)...

Section 11-917 - State Victims of Crime Fund -- Status; Investments; Construction - (a) (1) The Fund is a special continuing, nonlapsing fund...

Section 11-918 - State Victims of Crime Fund -- Audit; Disbursements - (a) The Fund is subject to an audit by the...

Section 11-919 - Grant Program - (a) There is a grant program. (b) The Governor’s Office...

Part III - Help for Victims of Sexual Assault Offenses

Section 11-922 - "Sexual Assault" Defined - In this part, “sexual assault” means rape or a sexual...

Section 11-923 - Sexual Assault Crisis Programs - (a) The General Assembly finds that an increasing number of...

Section 11-924 - Transporting Alleged Sexual Assault Victims - (a) The nearest facility to which a victim of sexual...

Section 11-925 - Health Care Services - Applicable health care services shall be given without charge to...

Section 11-926 - Sexual Assault Evidence Collection Kit -- Information to Be Provided to Victims From Health Care Providers and Investigating Law Enforcement Agencies - (a) (1) In this section the following words have the...

Section 11-927 - Maryland Sexual Assault Evidence Kit Policy and Funding Committee - (a) In this section, “Committee” means the Maryland Sexual Assault...

Section 11-928 - Child Advocacy Centers - (a) The Governor’s Office of Crime Prevention, Youth, and Victim...

Section 11-929 - Victims of Sexually Assaultive Behavior -- Waivers of Rights Prohibited - (a) (1) In this section the following words have the...

Part IV - Petition for U Nonimmigrant Status

Section 11-930 - Definitions - (a) In this part the following words have the meanings...

Section 11-931 - Certification of Victim Helpfulness - (a) For purposes of filing a petition with the United...

Subtitle 10 - Treatment and Help

Section 11-1001 - Definitions - (a) In this subtitle the following words have the meanings...

Section 11-1002 - Guidelines for Treatment of Victim of Crime, Victim's Representative, or Witness - (a) The appropriate criminal justice unit should inform a victim...

Section 11-1003 - Guidelines for Treatment of Victim of Delinquent Act, Victim's Representative, or Witness - (a) The appropriate juvenile services unit should tell a victim...

Section 11-1004 - Effect of Subtitle - This subtitle does not create a cause of action on...

Section 11-1005 - Victim and Responsible Relative; Cost of Health Services - As provided under § 16–203(a)(4) of the Health – General...

Section 11-1006 - Programs for Survivors of Homicide Victims - (a) The General Assembly finds that survivors of homicide victims...

Section 11-1007 - Services for Victim of Alleged Rape, Sexual Offense, or Child Abuse - (a) (1) In this section the following words have the...

Section 11-1008 - Pilot Program for Preventing Hiv Infection for Rape Victims - // EFFECTIVE UNTIL SEPTEMBER 30, 2022 PER CHAPTER 431 OF...

Subtitle 11 - Victim Services Unit

Section 11-1101 - Definitions - (a) In this subtitle the following words have the meanings...

Section 11-1102 - Victim Services Unit - (a) There is a Victim Services Unit in the Governor’s...

Section 11-1103 - Director - (a) The head of the Unit is the Director, who...

Section 11-1104 - Responsibilities of Unit - The Unit shall coordinate with the Judiciary, the Department of...

Section 11-1105 - Additional Responsibilities; Regulations - (a) The Unit shall: (1) monitor and provide guidance to...

Title 12 - Forfeiture -- Controlled Dangerous Substances Violations

Subtitle 1 - Definitions; Property Subject to Forfeiture

Section 12-101 - Definitions - (a) In this title the following words have the meanings...

Section 12-102 - Property Subject to Forfeiture - (a) The following are subject to forfeiture: (1) controlled dangerous...

Section 12-103 - Conditions Excluding Property From Forfeiture - (a) Property or an interest in property described in §...

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