Criminal Justice

HB 776, the NyKayla Strawder Memorial Act, requires Maryland intake officers to automatically file a petition declaring a child under 13 a "child in need of supervision" if the child is alleged to have caused a death through a criminal act (e.g., homicide or manslaughter). This applies specifically to cases where the child's actions would be a felony if committed by an adult. The bill removes the intake officer's discretion to handle such cases informally or dismiss them, mandating formal juvenile court processing. Law enforcement must also forward these complaints directly to the Department of Juvenile Services.

HB 351 allows Maryland's Attorney General or State's Attorney to direct the Maryland State Police to collect and securely retain specific digital data (like license plates, cell tower records, GPS, or facial recognition data) about federal agents when a complaint alleges misconduct such as excessive force or civil rights violations. It directly affects complainants who file such misconduct claims and law enforcement agencies handling those cases. The bill requires that complainants can only access this digital data through a court order in a 42 U.S.C. § 1983 civil rights case or a related criminal proceeding. It does not authorize general surveillance but creates a targeted process for gathering evidence in verified misconduct complaints against federal agents. The law takes effect October 1, 2026.

SB 437 clarifies how gift card value is determined in theft and fraud cases and prohibits tampering with gift cards to defraud others. It defines "closed-loop" (single merchant) and "open-loop" (multi-merchant network) gift cards, setting their value as the highest of: face value, what the defendant claimed, or actual loss incurred. The bill creates a new misdemeanor offense for altering gift cards or packaging with fraudulent intent, punishable by up to 18 months in jail or a $500 fine. This directly affects individuals committing gift card fraud and businesses handling gift card transactions in Maryland.

SB 465 modifies Maryland's evidence rules to allow certain out-of-court statements in second-degree assault cases when the defendant caused the witness's unavailability through wrongdoing. It permits statements made under oath, in writing with the declarant's signature, or recorded verbatim to be admitted if the court finds by a preponderance of evidence that the defendant engaged in wrongdoing to make the witness unavailable. Before admitting such a statement, the court must hold a separate hearing outside the jury's presence to verify the defendant's wrongdoing. This bill directly affects defendants charged with second-degree assault and prosecutors seeking to use specific witness statements in trial.