“Comprehensive Crime Bill of 2018” – SB 122 – as amended, effective 3/8/18
SUMMARY OF PROVISIONS
1)Repealing and reenacting, with amendment , Article – Courts and Judicial Proceedings, Section 10–402(c)(2), 10–406(a), and 12–302(c):
-10-402 and 406 are amended to permit use of wiretaps in firearm-related investigations;
-12-302 is amended to permit State appeal of adverse court rulings as to the same.
2)Repealing and reenacting, with amendments, Article- Criminal Law, Section 4–203, 4–204, 5–612, 5–621, 9–302, 9–303,and 9–305 and 14–101(a) and (d)
-4-203-increases minimum and maximum penalties for carrying or transporting a firearm from current one year minimum (3 years on school property) and 10 years maximum to 15 years maximum for a second offense, the maximum is increased to 15 years; for second offense on school property or carrying with intent to injure or kill, the range increase to 10 to 15 years (current 5 to 10 years)
-4-204-increases penalty for use of firearm in a “crime of violence” currently a misdemeanor with 5 to 20 years penalty to a felony with 2nd offense carrying 10-40 years; courts are not permitted to impose less than the minimum penalty or to suspend any part of said minimum, and a defendant may not be paroled earlier than 5 years.
-5-612-adds certain quantities of the drug fentanyl to large drug quantities that require a minimum sentence of 5 years which cannot be suspended or paroled.
-5-621-increases maximum penalty for carrying a firearm during drug trafficking from 30 to 40 years;
-9-302, 303 and 305- increase penalties for threats or harm to witnesses and others court participants from current 5 years to 10 years and, if related to crimes of violence, from 20 to 30 years.
-14-101-expands mandatory sentencing from use of handguns in felony or violent crimes to use of any firearm, requiring 10 year mandatory incarceration for 2nd offense that cannot be suspended.
3) Repealing and reenacting, without amendments, Article – Criminal Law, Section 5–622
4) Adding to Article – Criminal Procedure,Section 11–930 and 11–931 to be under the new part “Part IV. Petition for Nonimmigrant Status”
-11-930 & 931- offer specific statutory directions for law-enforcement officials to certify to U.S. govt. that a “nonimmigrant” witness is needed in the U.S. for testimony in a criminal case
5) Repealing and reenacting, with amendments,Article–Health – General, Section 8–505(a), 8–506(a), and 8–507(a)
-These sections, collectively, provide that for any defendant who is “charged with convicted of, or serving a sentence for a crime of violence,” judges may not order evaluation or commitment of a defendant for treatment to an alcohol or other substance-abuse facility, until eligibility for parole. NOTE: Many inmates will not seek treatment when eligible for parole because it delays their release dates. Thus, these allegedly violent persons with drug dependency effectively may be excluded from drug treatment by this provision.
6) Adding to Article – Public Safety, Section 4–301, and 4–302 through 4–306 to be under the new subtitle “Subtitle 3. The Tyrone Ray Violent Crime Violence Intervention and Prevention Fund”; and 4–801 through 4–808 to be under the new subtitle “Subtitle 8. Miscellaneous Grant Programs”
-4-301, 302-306-establishes a “Maryland Violence Intervention And Prevention Advisory Council” to operate a $5 million per year program to provide 3-years grants to nonprofit organizations and local government offices using evidenced-based strategies to reduce gun violence and to pretrial release programs between 2020 and 2023;
-4-801-806-provides
-$3,600,00 per year grants for “Safe Streets Initiatives” by nonprofit organizations in Baltimore City’s gun-violence impacted neighborhoods,
-$425,00 per year grants to “law-enforcement-assisted diversion programs” in Baltimore City;
-$360,000 victim/witness relocation program in Baltimore City;
-$300,000 to Chesapeake Outward Bound program in Baltimore City;
-$100,000 to Strategic Decision Support Centers for law enforcement in Eastern and Western Districts of Baltimore City for “technology-based” systems;
-other provisions as to Governor’s Office for Crime Control and Prevention statistics;
7)Repealing and reenacting, with amendments, Article – Public Safety, Section 5 – 133(c), (d), and (e)
–Confirms, as to revised offense for carrying a firearm during a drug trafficking offense, that additional penalties of 5 to 15 years shall be imposed—and minimum of 5 years may not be suspended– if the person has a disqualifying prior conviction disallowing possession of a firearm;
8)Repealing and reenacting, without amendments,Article –State Finance and Procurement, Section 6–226(a)(2)(i); repealing and reenacting, with amendments,Article – State Finance and Procurement, Section 6–226(a)(2)(ii)101. and 102; adding to Article – State Finance and Procurement, Section 6–226(a)(2)(ii)103.
–Confirms that Tyrone Ray fund will be nonlapsing; creates Task Force to Study Maryland’s Criminal Gang Statutes to report recommendations in December 2018.
For the complete text of SB 122 as amended, see http://mgaleg.maryland.gov/2018RS/bills/sb/sb0122T.pdf
