Criminal Justice

HB 1294 updates Maryland law to define "child sexual abuse material" (replacing "child pornography") and explicitly includes images created using artificial intelligence software in this definition. The bill modifies legal provisions to prohibit possessing or viewing AI-generated images that appear indistinguishable from real children engaged in sexual conduct or abuse, while excluding drawings, cartoons, sculptures, or paintings. It increases penalties for repeat offenses (up to 10 years in prison) and adds a defense for individuals who promptly destroy such material or report it to authorities. This change directly affects anyone creating, sharing, or accessing AI-generated images that mimic real minors in sexual contexts.

HB 1320 requires law enforcement officers and district court commissioners to inform victims or their representatives (such as family members of minors, deceased, or disabled victims) at the time of charging about their right to request notifications regarding a defendant’s custody status and court hearings. The bill mandates that requests be processed through Maryland’s electronic court system (MDEC), ensuring victims receive timely updates without needing to proactively seek them later. It amends existing law to make this notification process automatic upon initial contact in criminal cases, replacing previous procedures that allowed for later requests. This change directly affects victims and their representatives in all criminal cases filed in Maryland.

HB 310 limits the use of restrictive housing (locked cell confinement for 22+ hours daily) for incarcerated individuals in Maryland state facilities who have a developmental or intellectual disability. It requires a licensed clinical professional to assess new inmates for these disabilities during intake and to recommend against placing them in restrictive housing for more than 15 consecutive days within any 30-day period. This 15-day limit does not apply if the individual commits a "prohibited act," such as causing serious injury, making threats, or possessing weapons. The bill directly affects incarcerated people with these disabilities and mandates correctional facilities to follow this assessment and limitation process.

This constitutional amendment prohibits judges or justices removed or retired for misconduct from holding any future judicial position. It directly affects judges disciplined by the Commission on Judicial Disabilities, adding a new provision that explicitly bars such individuals from future judicial office. The key mechanism requires the Supreme Court to remove or retire judges found guilty of misconduct, with the amendment ensuring these individuals lose eligibility for any subsequent judicial role. This change modifies Article IV of the Maryland Constitution and requires voter approval in the November 2026 election.

HB 477 modifies Maryland's evidence rules to allow certain out-of-court statements in assault in the second degree cases where the defendant caused the witness's unavailability. It permits such statements as evidence if the court finds by a preponderance of evidence that the defendant engaged in wrongdoing to make the witness unavailable. The bill requires statements to have been given under oath, written and signed, or recorded verbatim, and mandates early notice to the defense about the statement's use. This directly affects criminal trials for assault in the second degree by expanding admissible evidence while adding procedural safeguards. The law takes effect October 1, 2026.