Maryland
Maryland Code — Criminal Procedure Article
600 sections, each with the official text and a plain-English explanation of what it means for you.
- § 1-101 — (a) In this article the following words have the meanings indicated
- § 1-201 — (a) (1) Except as provided in subsection (b) of this section, a person may not record or broadcast any criminal matter, including a trial, hearing, motion, or argument, that is held in trial court or before a grand jury
- § 1-202 — (a) (1) The court shall appoint a qualified interpreter to help a defendant in a criminal proceeding throughout any criminal proceeding when the defendant: (i) is deaf; or - 3 - (ii) cannot readily understand or communicate the English language and cannot understand a charge made against the defenda
- § 1-203 — (a) (1) In this subsection, “no–knock search warrant” means a search warrant that authorizes the executing law enforcement officer to enter a building, apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose
- § 1-205 — (a) A court in a county where a crime is committed may issue process against a person charged with the crime even if: (1) the person is not a resident of the county; or (2) the person is a resident of the county but leaves the county
- § 1-206 — Whenever process is served on a defendant in a criminal case, the process server shall leave with the defendant a copy o
- § 1-207 — (a) The Governor may remit all or part of a fine or forfeiture
- § 1-208 — - 18 - The Governor may not grant a nolle prosequi unless the applicant for the nolle prosequi pays the cost of prosecut
- § 1-209 — (a) (1) In this section, “department” means: (i) the Department of Agriculture; (ii) the Department of the Environment; (iii) the Maryland Department of Health; (iv) the Department of Human Services; (v) the Maryland Department of Labor; or (vi) the Department of Public Safety and Correctional Servi
- § 1-210 — (a) The act of seeking, providing, or assisting with the provision of medical assistance for another person who is experiencing a medical emergency after ingesting or using alcohol or drugs may be used as a mitigating factor in a criminal prosecution of: (1) the person who experienced the medical em
- § 1-211 — (a) A law enforcement officer may not initiate a stop or a search of a person, a motor vehicle, or a vessel based solely on one or more of the following: (1) the odor of burnt or unburnt cannabis; (2) the possession or suspicion of possession of cannabis that does not exceed the personal use amount,
- § 1-212 — IN EFFECT // EFFECTIVE UNTIL APRIL 30, 2030 PER CHAPTER 761 OF 2024 // Beginning October 1, 2024, and each October 1 the
- § 10-101 — ** CONTINGENCY – NOT IN EFFECT – CHAPTER 26 OF 2022 ** ** TAKES EFFECT JANUARY 1, 2023 PER CHAPTER 26 OF 2022 ** (a) In this subtitle the following words have the meanings indicated
- § 10-102 — (a) A police record or a court record is subject to expungement under this subtitle
- § 10-103 — - 199 - (a) For arrests, detentions, or confinements occurring before October 1, 2007, a person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may request the expungeme
- § 10-104 — (a) Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court
- § 10-105 — (a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense, may file a petition listing relevant facts for
- § 10-106 — (a) A person may file, and a court shall grant, a petition for expungement of a criminal charge transferred to the juvenile court under § 4–202 or § 4–202.2 of this article
- § 10-107 — (a) (1) In this subtitle, if two or more charges, other than one for a minor traffic violation or possession of cannabis under § 5–601 of the Criminal Law Article, arise from the same incident, transaction, or set of facts, they are considered to be a unit
- § 10-108 — (a) A person may not open or review an expunged record or disclose to another person any information from that record without a court order from: (1) the court that ordered the record expunged; or (2) the District Court that has venue in the case of a police record expunged under § 10-103 of this su
- § 10-109 — (a) (1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required: (i) by an employer or educational institution of a person who applies for employment or admission; or (ii) by a unit, official, or employee of the State or a political
- § 10-110 — (a) A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of: (1) a misdemeanor that is a violation of: (i) § 6–320 of the Alcoholic Beverages an
- § 10-111 — The Maryland Judiciary Case Search may not in any way refer to the existence of a criminal case in which: (1) possession
- § 10-112 — (a) In this section, “expunge” means to remove all references to a specified criminal case from the Central Repository
- § 10-201 — (a) In this subtitle the following words have the meanings indicated
- § 10-202 — The General Assembly finds that there is a need: (1) to create a central repository for criminal history record informat
- § 10-203 — The purpose of this subtitle is: - 220 - (1) to create and maintain an accurate and efficient criminal justice informati
- § 10-204 — Notwithstanding any other provision of this subtitle, a person may not maintain or disseminate criminal history record i
- § 10-205 — It is the intent of the General Assembly that the police department of the Johns Hopkins University, established in acco
- § 10-207 — (a) There is a Criminal Justice Information Advisory Board
- § 10-208 — (a) The Advisory Board consists of the following 25 members: (1) one member of the Senate appointed by the President; (2) one member of the House of Delegates appointed by the Speaker; (3) three members from the Judicial Branch of State government appointed by the Chief Justice of the Supreme Court
- § 10-209 — (a) A majority of the members of the Advisory Board then serving is a quorum
- § 10-210 — - 223 - The Advisory Board shall: (1) advise the Secretary, the Supreme Court of Maryland, and the Chief Justice of the
- § 10-213 — (a) There is a Criminal Justice Information System Central Repository in the Department
- § 10-214 — (a) Each criminal justice unit shall report in accordance with this section the criminal history record information that it collects to the Central Repository
- § 10-215 — (a) The following events are reportable events under this subtitle that must be reported to the Central Repository in accordance with § 10–214 of this subtitle: (1) the issuance or withdrawal of an arrest warrant; (2) an arrest; (3) the filing of a charging document; (4) a release pending trial or a
- § 10-216 — (a) In this section, “law enforcement unit” means: (1) a State, county, or municipal police unit; or (2) a sheriff’s office
- § 10-217 — (a) The Secretary and the Chief Justice of the Supreme Court of Maryland shall develop agreements between the Central Repository and each criminal justice unit
- § 10-218 — The Secretary and the Chief Justice of the Supreme Court of Maryland may develop procedures consistent with this subtitl
- § 10-219 — (a) Except in accordance with applicable federal law and regulations, a criminal justice unit and the Central Repository may not disseminate criminal history record information
- § 10-220 — (a) Except as provided in subsections (b) and (c) of this section, notwithstanding any other provision of this subtitle, a criminal justice unit and the Central Repository may not maintain or disseminate criminal history record information in a way that is inconsistent with § 3-8A-27 of the Courts A
- § 10-221 — (a) To carry out this subtitle and to establish, operate, and maintain the criminal justice information system: (1) the Secretary shall adopt regulations consistent with this subtitle for: (i) units in the Executive Branch of government; and - 231 - (ii) criminal justice units that are not in the Ju
- § 10-222 — (a) Subject to § 10-226 of this subtitle, a person or a person’s attorney having satisfactory identification and written authorization from the person may - 232 - inspect criminal history record information on the person that is maintained by a criminal justice unit
- § 10-223 — (a) A person who has inspected the person’s own criminal history record information may challenge the completeness, contents, accuracy, or dissemination of the information
- § 10-224 — (a) If a challenge of criminal history record information under § 10-223 of this subtitle is determined as a whole or in part to be valid, the Central Repository shall: (1) correct its records; and (2) give notice of the correction to each criminal justice unit that has custody of the incomplete or
- § 10-225 — (a) This section applies only to criminal history record information recorded before July 1, 1976
- § 10-226 — (a) A person may not inspect or challenge criminal history record information under this subtitle if any of the criminal history record information is relevant to a pending criminal proceeding
- § 10-227 — (a) A person aggrieved by a decision of a criminal justice unit concerning the inspection of or a challenge to criminal history record information under this subtitle may file an administrative appeal of the decision in accordance with regulations adopted by the Secretary and rules adopted by the Su
- § 10-228 — (a) An employer or prospective employer may not require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person’s record to qualify for employment
- § 10-229 — A State Record of Arrest and Prosecution (“RAP” sheet) that is accessible by judicial officers for purposes of making pr
- § 10-231 — (a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services
- § 10-232 — - 239 - (a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services
- § 10-233 — (a) The County Administrator of Howard County shall apply to the Central Repository for a State and national criminal history records check for each prospective employee of Howard County
- § 10-234 — (a) In this section, “taxicab license”: (1) means a license or similar document that would allow a person to drive a taxicab in Montgomery County; and (2) includes any renewal of a license as described in item (1) of this subsection
- § 10-235 — (a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services
- § 10-237 — The National Crime Prevention and Privacy Compact is hereby entered into and enacted with any and all of the states and
- § 10-238 — (a) This Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment
- § 10-239 — (a) In this part the following words have the meanings indicated
- § 10-240 — - 255 - The purposes of this Compact are to: (1) provide a legal framework for the establishment of a cooperative federa
- § 10-241 — (a) The Director of the FBI shall: (1) appoint an FBI Compact officer who shall: (i) administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Section 10-243(c) of this subtitle; (ii) en
- § 10-242 — (a) To the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history records repositories for noncriminal justice purposes allowed by federal statute, fed
- § 10-243 — (a) Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history records checks for noncriminal justice purposes
- § 10-244 — (a) (1) There is established a Council to be known as the “Compact Council”, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes
- § 10-245 — (a) This Compact shall take effect upon being entered into by two or more states as between those states and the federal government
- § 10-246 — (a) Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s Advisory Policy Board (APB) chartered under the Federal Advisory Committee
- § 10-247 — (a) This Compact shall bind each party state until renounced by the party state
- § 10-248 — The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person,
- § 10-249 — (a) The Council shall: (1) have initial authority to make determinations with respect to any dispute regarding: (i) interpretation of this Compact; (ii) any rule or standard established by the Council pursuant to Section 10-244 of this subtitle; and - 263 - (iii) any dispute or controversy between a
- § 10-250 — The Secretary of the Department of Public Safety and Correctional Services shall designate a Compact officer in accordan
- § 10-301 — (a) In this subtitle the following words have the meanings indicated
- § 10-302 — (a) This subtitle does not apply to a conviction of a domestically related crime under § 6–233 of this article
- § 10-303 — (a) A person may petition the court to shield the person’s court and police records relating to one or more shieldable convictions entered in the circuit court or the District Court in one county no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions
- § 10-304 — The Maryland Judiciary Case Search may not in any way refer to the existence of specific records shielded in accordance
- § 10-305 — A conviction that has been shielded under this subtitle may not be considered a conviction for purposes of § 10–105(e)(4
- § 10-306 — - 267 - (a) A person authorized to access a shielded record under § 10–302(b) of this subtitle may not disclose any information from a shielded record to a person who is not authorized to access shielded records under § 10–302(b) of this subtitle
- § 10-401 — The Maryland Judiciary Case Search may not in any way refer to the existence of records of a charge in a case with elect
- § 11-1001 — (a) In this subtitle the following words have the meanings indicated
- § 11-1002 — (a) The appropriate criminal justice unit should inform a victim of a crime, a victim’s representative, or a witness of the guidelines listed in subsection (b) of this section
- § 11-1003 — (a) The appropriate juvenile services unit should tell a victim of a delinquent act, victim’s representative, or witness of the guidelines listed in subsection (b) of this section
- § 11-1004 — This subtitle does not create a cause of action on behalf of a person against a public official, public employee, a Stat
- § 11-1005 — - 427 - As provided under § 16–203(a)(4) of the Health – General Article, a victim of sexual abuse, physical abuse, or a
- § 11-1006 — (a) The General Assembly finds that survivors of homicide victims in the State: (1) lack necessary counseling and follow–up services to: (i) treat the survivors with dignity, respect, and sensitivity; and (ii) inform the survivors of the rights to which they are entitled by law; and (2) have the hel
- § 11-1007 — (a) (1) In this section the following words have the meanings indicated
- § 11-1008 — (a) (1) In this section the following words have the meanings indicated
- § 11-1009 — (a) In this section, “sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article
- § 11-101 — (a) In this title the following words have the meanings indicated
- § 11-1010 — (a) In this section, “person in interest” has the meaning stated in § 4–101 of the General Provisions Article
- § 11-102 — (a) If practicable, a victim or victim’s representative who has filed a notification request form under § 11-104 of this subtitle has the right to attend any proceeding in which the right to appear has been granted to a defendant
- § 11-103 — (a) (1) In this section, “crime” means: (i) a crime; (ii) a delinquent act that would be a crime if committed by an adult; or (iii) except as provided in paragraph (2) of this subsection, a crime or delinquent act involving, causing, or resulting in death or serious bodily injury
- § 11-104 — (a) (1) In this section the following words have the meanings indicated
- § 11-105 — On a finding of probable cause and before the issuance of an arrest warrant or a summons, a judicial officer shall provide to an individual filing an application for a statement of charges under Maryland Rule 4–211(b) an opportunity to request reasonable protections for the safety of an alleged vict
- § 11-107 — (a) In Part II of this subtitle the following words have the meanings indicated
- § 11-108 — For the purposes of Part II of this subtitle, a person is convicted when in a criminal proceeding the person: (1) is fou
- § 11-109 — (a) In this section, “body fluids” has the meaning stated in § 18–338.1 of the Health – General Article
- § 11-110 — - 277 - In addition to testing allowed under § 11–112 of this subtitle, the court may order a person charged with a prohibited exposure to give a blood sample to be tested for the presence of HIV or hepatitis C if: (1) the person is charged with a prohibited exposure within 1 year after the prohibit
- § 11-1101 — (a) In this subtitle the following words have the meanings indicated
- § 11-1102 — (a) There is a Victim Services Unit in the Governor’s Office of Crime Prevention and Policy
- § 11-1103 — (a) The head of the Unit is the Director, who shall be appointed by and serves at the pleasure of the Executive Director
- § 11-1104 — The Unit shall coordinate with the Judiciary, the Department of Public Safety and Correctional Services, the Department
- § 11-1105 — (a) The Unit shall: (1) monitor and provide guidance to the Secretary on the adoption of regulations establishing minimum mandatory standards for State and local correctional facilities regarding victim notification, restitution, and administrative record keeping; (2) encourage the use of earnings w
- § 11-111 — (a) (1) Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim’s representative and the person charged with a prohibited exposure have the right to be present
- § 11-112 — (a) Within 10 days of a written request of a victim or victim’s representative to the State’s Attorney in the county where a prohibited exposure occurred, the court shall order a test of a blood sample for HIV and any other identified causative agent of AIDS or hepatitis C
- § 11-113 — (a) (1) After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before - 280 - judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written
- § 11-114 — (a) A victim or victim’s representative who receives notification under § 11- 113(b) of this subtitle may disclose the results of the test to another person to protect the health and safety of, or to seek compensation for, the victim, the victim’s sexual partner, or the victim’s family
- § 11-115 — - 282 - The results of a test held under Part II of this subtitle are not admissible as evidence of guilt or innocence i
- § 11-116 — An agent or employee of the Maryland Department of Health or any other State employee who complies with Part II of this
- § 11-117 — The Maryland Department of Health shall adopt regulations to carry out Part II of this subtitle, including regulations o
- § 11-201 — A victim of an assault has the rights provided under § 3-207 of the Criminal Law Article.
- § 11-202 — (a) In this section, “victim” has the meaning stated in § 3-8A-01 of the Courts Article
- § 11-203 — As provided under § 5-201 of this article or § 3-8A-15 of the Courts Article, the court, a juvenile intake officer, or a
- § 11-204 — As provided under § 3–122 of this article, the Maryland Department of Health shall notify a victim of a crime of violenc
- § 11-205 — (a) In this section, “domestically related crime” has the meaning stated in § 6–233 of this article
- § 11-301 — (a) On motion of the State or on request of a victim or witness, during a criminal trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the address or telephone number of the victim or witness unless the court determines that good cause is shown for the release o
- § 11-302 — (a) (1) In this section the following words have the meanings indicated
- § 11-303 — (a) This section applies to a case of abuse of a child under Title 5, Subtitle 7 of the Family Law Article or § 3-601 or § 3-602 of the Criminal Law Article
- § 11-304 — (a) In this section, “statement” means: (1) an oral or written assertion; or (2) nonverbal conduct intended as an assertion, including sounds, gestures, demonstrations, drawings, and similar actions
- § 11-401 — In this subtitle, “victim’s representative” means: (1) a member of the victim’s immediate family; or (2) another family
- § 11-402 — (a) A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if: (1) the defendant or child responden
- § 11-403 — - 294 - (a) In this section, “sentencing or disposition hearing” means a hearing at which the imposition of a sentence, disposition in a juvenile court proceeding, or alteration of a sentence or disposition in a juvenile court proceeding is considered
- § 11-501 — (a) In this subtitle the following words have the meanings indicated
- § 11-503 — (a) In this section, “subsequent proceeding” includes: (1) a sentence review under § 8–102 of this article; (2) a hearing on a request to have a sentence modified or vacated under the Maryland Rules; (3) in a juvenile delinquency proceeding, a review of a commitment order or other disposition under
- § 11-504 — (a) Before the Board of Review for Patuxent Institution grants work release or leave of absence to an eligible person, the Board shall give the victim or victim’s representative notice and opportunity for comment as provided under § 4-303(b) of the Correctional Services Article
- § 11-505 — (a) This section applies to a victim or victim’s representative who: (1) has made a written request to the Department for notification under § 7–801(b)(1)(ii) of the Correctional Services Article; or (2) has filed a notification request form under § 11–104 of this title
- § 11-506 — Whenever a person has been committed to the Maryland Department of Health under § 3–112 of this article for a crime of v
- § 11-507 — The Department or the Department of Juvenile Services shall notify the victim or victim’s representative of an alleged v
- § 11-508 — (a) (1) In this section the following words have the meanings indicated
- § 11-601 — (a) In Part I of this subtitle the following words have the meanings indicated
- § 11-602 — - 302 - On conviction, the finding of a delinquent act, acceptance of a plea of nolo contendere, or imposition of probat
- § 11-603 — (a) A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if: (1) as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, des
- § 11-604 — (a) Subject to subsection (b) of this section and notwithstanding any other law, if a child is the defendant or child respondent, the court may order the child, the child’s parent, or both to pay restitution
- § 11-605 — (a) A court need not issue a judgment of restitution under Part I of this subtitle if the court finds: (1) that the restitution obligor does not have the ability to pay the judgment of restitution; or - 304 - (2) that there are extenuating circumstances that make a judgment of restitution inappropri
- § 11-606 — (a) The court may order that restitution be paid to: (1) the victim; (2) the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit; (3) a third–party payor, including: (i) an insurer; or (ii) any other person that has, under Part I of this subtitle:
- § 11-607 — (a) (1) When a judgment of restitution has been entered under § 11–603 of this subtitle, compliance with the judgment of restitution: - 305 - (i) may be a requirement in the judgment of conviction or disposition in a juvenile delinquency proceeding; (ii) if work release is ordered or allowed, shall
- § 11-608 — (a) A judgment of restitution is a money judgment in favor of the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution
- § 11-609 — (a) A judgment of restitution that a circuit court orders under Part I of this subtitle shall be recorded and indexed in the civil judgment index by the clerk of the circuit court as a money judgment as the Maryland Rules provide
- § 11-610 — - 307 - (a) (1) Except as provided in paragraph (2) of this subsection, the provisions of this section do not apply in Baltimore City
- § 11-611 — A court may not assess costs on a person or governmental unit to whom a restitution obligor has been ordered to pay rest
- § 11-612 — (a) (1) If a District Court decides to terminate a probation before a judgment of restitution has been recorded and indexed as a money judgment, the court shall direct the Clerk of the Court: (i) to record and index the judgment of restitution as a money judgment and forward a notice of lien to the
- § 11-613 — (a) Notwithstanding any other provision of Part I of this subtitle and except as provided in subsection (b) of this section, a victim or other person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle if the restitution obligor: (1) files a motion u
- § 11-614 — (a) If practicable, the State’s Attorney should: (1) notify an eligible victim of the victim’s right to request restitution; and (2) help the victim to prepare the request and advise the victim as to the steps for collecting restitution that is awarded
- § 11-615 — (a) In a restitution hearing held under § 11-603 of this subtitle, a written statement or bill for medical, dental, hospital, counseling, funeral, or burial expenses is legally sufficient evidence of the amount, fairness, and reasonableness of the charges and the necessity of the services or materia
- § 11-616 — (a) The Division or the Department of Juvenile Services: (1) in addition to other actions authorized under Part I of this subtitle, may refer an overdue restitution account for collection to the Central Collection Unit; and (2) if probation or other supervision is terminated and restitution is still
- § 11-617 — (a) (1) If a court issues a judgment of restitution under § 11-603 of this subtitle, the court may enter an immediate and continuing earnings withholding order in an amount sufficient to pay the restitution
- § 11-618 — - 315 - (a) (1) In this section the following words have the meanings indicated
- § 11-619 — (a) Subject to subsection (b) of this section, any order of restitution made by a court shall be governed by the provisions of this subtitle
- § 11-621 — (a) In Part II of this subtitle the following words have the meanings indicated
- § 11-622 — A person who makes a notoriety of crimes contract with a defendant or a representative or assignee of that defendant sha
- § 11-623 — (a) On receipt of a submission under § 11-622 of Part II of this subtitle, the Attorney General shall mail notice of the receipt to each victim or victim’s representative at the last known address of the victim or victim’s representative
- § 11-624 — (a) The Attorney General shall deposit money received under this subtitle in an interest bearing escrow account
- § 11-625 — (a) The Attorney General shall pay the defendant from the escrow account the money that a court of competent jurisdiction in an order finds will be used to hire legal counsel at any stage of the criminal case, including an appeal
- § 11-626 — Notwithstanding any other law, including the statute of limitations for a wrongful death action, a victim or victim’s re
- § 11-627 — Any action that a defendant takes to defeat the purpose of Part II of this subtitle, including an execution of a power o
- § 11-628 — (a) Notwithstanding any other law, a claim on money in the escrow account has the following priorities in this order: (1) payments ordered by the Attorney General or a court under § 11- 625 of Part II of this subtitle; (2) subrogation claims of the State under § 11-817 of this title; (3) a court ord
- § 11-629 — (a) Notwithstanding any other law, the Attorney General has exclusive jurisdiction and control as escrow agent over money or other consideration subject to Part II of this subtitle
- § 11-630 — A person aggrieved by a final determination and order of the Attorney General under Part II of this subtitle may seek ju
- § 11-631 — (a) A person may not willfully fail: (1) to submit to the Attorney General a copy of all written terms and a summary of all oral terms of a notoriety of crimes contract described in § 11-622 of Part II of this subtitle; or (2) to pay over to the Attorney General any money or other consideration as t
- § 11-632 — (a) The Attorney General may bring a proceeding in a court of competent jurisdiction against a person who violates or threatens to violate Part II of this subtitle to restrain the person from continuing the violation or carrying out the threat
- § 11-633 — A person may not: (1) conceal the existence of a notoriety of crimes contract; or (2) except as otherwise provided in Pa
- § 11-701 — (a) In this subtitle the following words have the meanings indicated
- § 11-702 — For the purposes of this subtitle, a person is convicted when the person: (1) is found guilty of a crime by a jury or judicial officer; (2) enters a plea of guilty or nolo contendere; (3) is granted a probation before judgment after a finding of guilt for a crime if the court, as a condition of prob
- § 11-703 — (a) (1) Subject to subsections (b) and (c) of this section, if a person is convicted of a sexually violent offense, the State’s Attorney before sentencing may ask the court to determine whether the person is a sexually violent predator
- § 11-704 — (a) A person shall register with the person’s supervising authority if the person is: (1) a tier I sex offender; (2) a tier II sex offender; (3) a tier III sex offender; or (4) a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign gove
- § 11-705 — (a) In this section, “resident” means a person who has a home or other place where the person habitually lives located in this State when the person: (1) is released; (2) is granted probation; (3) is granted a suspended sentence; (4) receives a sentence that does not include a term of imprisonment;
- § 11-706 — (a) For all sex offenders in the State, a registration statement shall include: (1) the registrant’s full name, including any suffix, and all addresses and places where the registrant resides or habitually lives; (2) the name and address of each of the registrant’s employers and a description of eac
- § 11-707 — (a) (1) (i) A tier I sex offender and a tier II sex offender shall register in person every 6 months with a local law enforcement unit for the term provided under paragraph (4) of this subsection
- § 11-708 — (a) When a registrant registers, the supervising authority shall: (1) give written notice to the registrant of the requirements of this subtitle; (2) explain the requirements of this subtitle to the registrant, including: - 342 - (i) the duties of a registrant when the registrant changes residence a
- § 11-709 — (a) (1) (i) Within 3 days after a tier III sex offender or a sexually violent predator completes the registration requirements of § 11–707(a) of this subtitle, a local law enforcement unit shall send notice of the tier III sex offender’s or sexually violent predator’s quarterly registration to the D
- § 11-710 — (a) As soon as possible but not later than 3 working days after receipt of notice of a registrant’s change of address, a county in which a registrant habitually lives, vehicle or license plate information, electronic mail or Internet identifiers, or landline or cellular phone numbers, the Department
- § 11-712 — (a) If a registrant escapes from a facility, the supervising authority of the facility by the most reasonable and expedient means available shall immediately notify: (1) each local law enforcement unit where the registrant resided or habitually lived before the registrant was committed to the custod
- § 11-713 — The Department: (1) as soon as possible but not later than 3 working days after receiving the conviction data and finger
- § 11-714 — A registration statement given to a person under this subtitle shall include a copy of the completed registration form a
- § 11-715 — (a) (1) On request for a copy of a registration statement about a specific person, the supervising authority shall send a copy to: (i) each witness who testified against the registrant in a court proceeding involving the crime; and (ii) each person specified in writing by the State’s Attorney
- § 11-716 — (a) Subject to subsection (b) of this section, on written request to a local law enforcement unit, the unit shall send to the person who submitted the request one copy of the registration statement of each registrant on record with the unit
- § 11-717 — (a) (1) The Department shall make available to the public registration statements or information about registration statements
- § 11-718 — (a) (1) If the Department or a local law enforcement unit finds that, to protect the public from a specific registrant, it is necessary to give notice of a registration statement, a change of address of the registrant, or a change in a county in which the registrant habitually lives to a particular
- § 11-719 — An elected public official, public employee, or public unit has the immunity described in §§ 5-302 and 5-522 of the Cour
- § 11-720 — With advice from the Criminal Justice Information Advisory Board established under § 10-207 of this article, the Secreta
- § 11-721 — (a) A registrant may not knowingly fail to register, knowingly fail to provide the notice required under § 11–705 of this subtitle, knowingly fail to provide any information required to be included in a registration statement described in § 11–706 of this subtitle, or knowingly provide false informa
- § 11-722 — (a) (1) In this section the following words have the meanings indicated
- § 11-723 — (a) Except where a term of natural life without the possibility of parole is imposed, a sentence for the following persons shall include a term of lifetime sexual offender supervision: (1) a person who is a sexually violent predator; (2) a person who has been convicted of a violation of: (i) § 3–303
- § 11-724 — (a) A person subject to lifetime sexual offender supervision may not knowingly or willfully violate the conditions of the lifetime sexual offender supervision imposed under § 11–723 of this subtitle
- § 11-725 — (a) Under the supervision of the Division of Parole and Probation, a sexual offender management team shall conduct lifetime sexual offender supervision and the supervision of probation, parole, or mandatory release of a person subject to lifetime sexual offender supervision
- § 11-726 — The Department of Public Safety and Correctional Services shall adopt regulations necessary to carry out the duties of t
- § 11-727 — (a) Unless waived by the State’s Attorney and defense counsel, before sentencing a defendant who is required to register under § 11–704 of this subtitle for a violation of § 3–602 of the Criminal Law Article, the court shall order the defendant to submit to: (1) a presentence investigation conducted
- § 11-801 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) In this subtitle the following words have the meanings indicated
- § 11-802 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** - 364 - (a) The General Assembly finds: (1) that many persons suffer personal physical or psychological injury or die because of crime victimization; (2) that there is a need for government assistance for crime victims and their loved ones; and
- § 11-803 — The Executive Director may designate a person to carry out the duties of the Executive Director.
- § 11-804 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) There is a Criminal Injuries Compensation Board in the Governor’s Office of Crime Prevention and Policy
- § 11-805 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) Subject to the authority of the Executive Director, the Board has the following powers and duties: (1) to establish and maintain an office and to appoint and prescribe the duties of a claims examiner, a secretary, clerks, and any other empl
- § 11-806 — (a) Except as provided under subsection (b) of this section, the record of a proceeding before the Board or a Board member is a public record
- § 11-807 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) In this section, “law enforcement unit” means: (1) the Department of State Police; (2) the Police Department of Baltimore City; (3) the police department, bureau, or force of a county; (4) the police department, bureau, or force of a munici
- § 11-808 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) (1) Except as provided in paragraph (2) of this subsection, the following persons are eligible for awards in the manner provided under this subtitle: (i) a victim; (ii) a dependent of a victim who died as a direct result of: 1
- § 11-809 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a claimant shall file a claim within 4 years after the later of: (i) the discovery of the occurrence of the crime or delinquent act or the death of the victim; or (i
- § 11-810 — IN EFFECT (a) (1) The Board may make an award only if the Board finds that: (i) a crime or delinquent act was committed; (ii) the crime or delinquent act directly resulted in: 1
- § 11-811 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) (1) (i) Except as otherwise provided in this subsection, an award under this subtitle shall be made in accordance with the schedule of benefits, as it existed on January 1, 2001, and degree of disability as specified in Title 9, Subtitle 6
- § 11-812 — (a) The Board may not make an award unless money is appropriated and available for the full amount of the award
- § 11-813 — IN EFFECT (a) The Board may make an emergency award to the claimant before making a final decision in the case, if the Board determines, before taking action on the claim, that: (1) an award likely will be made on the claim; and (2) the claimant will suffer undue hardship unless immediate payment is
- § 11-814 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 ** (a) (1) Within 30 days after the receipt of a claim, the Board shall notify the claimant by e–mail, phone, or other manner to provide immediate notice if additional material is required
- § 11-815 — (a) A claim under this subtitle is subject to the applicable provisions of the Administrative Procedure Act
- § 11-816 — (a) An award under this subtitle shall be paid in the manner that the Board specifies in its decision