Criminal Justice (Domestic Violence)

HB 84 allows defendants in specific criminal cases to present evidence that they were victims of domestic violence and that this violence significantly contributed to their crime as a mitigating factor during sentencing. It applies to defendants charged with certain violent crimes, drug offenses, human trafficking, or property crimes where domestic violence was a key factor, but excludes murder, sexual assault, and some other offenses. Defendants must prove this by a preponderance of evidence, and courts must consider it when determining sentences, potentially reducing sentences below mandatory minimums or guidelines. The bill does not create new crimes, change maximum penalties, or affect victims' rights, and it requires courts to explain their reasoning if domestic violence is considered.

HB 265 requires Maryland's State Board of Elections to designate a contact person for the Address Confidentiality Program, which helps survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking keep their real addresses private. The bill mandates that local election offices use participants' actual addresses for election purposes (like absentee ballots) but must not disclose these addresses publicly except for law enforcement requests or court orders. The designated contact person will handle all inquiries from election offices and participants about implementing the program's rules. This bill updates existing election law to clarify administrative procedures for the program, effective June 1, 2026.

SB 294 requires courts and parties in criminal or juvenile delinquency cases to redact identifying information (like names, addresses, or details that could reveal identity) from court filings and records involving victims of sexual assault or stalking. It directly affects these victims by preventing public disclosure of their personal details in court documents, unless a court finds "good cause" to allow it. The bill mandates that courts automatically redact such information upon request from a victim of sexual assault or stalking, and prohibits disclosure to nonparties without redaction. This applies to all court filings, including charging documents, and covers both current and existing case records. The law takes effect October 1, 2026.

SB 138 allows defendants in specific criminal cases to present evidence that they were victims of domestic violence and that this violence significantly contributed to their crime as a mitigating factor during sentencing or within five years for sentence modification. It applies to crimes of violence, drug offenses tied to coercion, human trafficking, and other crimes committed under domestic violence circumstances - excluding murder, sexual offenses, and certain abuse crimes. If the court finds domestic violence was a significant factor, it must treat it as a mitigating factor and may reduce sentences below mandatory minimums or sentencing guidelines. The defendant bears the burden of proof (preponderance of evidence), and courts must state their reasoning for decisions related to this factor.

HB 360 (Clean Slate Act of 2026) automates the removal of certain criminal records from public view. It requires Maryland’s Department of Public Safety and the Judiciary to expunge eligible cases by July 1, 2028, and then monthly thereafter, for people with qualifying outcomes (like dismissed charges or certain misdemeanors) that meet waiting periods (3 years for most cases, 7 years for others). The law excludes cases involving domestic violence, second-degree assault, or new convictions during the waiting period. It directly affects individuals with eligible records who no longer need to petition courts for expungement.

HB 83, the Family and Law Enforcement Protection Act, modifies Maryland's domestic violence protective order process to strengthen firearm safety measures. The bill requires petitioners seeking protective orders to provide specific details about a respondent's firearms - including make, model, location, and whether stored in a vehicle - if the petition alleges abuse involving firearms. Judges must then order the respondent to surrender all firearms and firearm licenses in cases where abuse involved firearm use, threats with a firearm, or serious bodily harm (with or without firearm threat). This directly affects domestic violence victims and respondents in protective order cases, creating clearer mechanisms for law enforcement to enforce firearm surrender during temporary protective orders under Sections 4-504(e) and 4-505(a)(viii) of Maryland's Family Law.

SB 483 (Clean Slate Act of 2026) automatically removes certain criminal records from public view without requiring individuals to apply. It affects people with eligible misdemeanor convictions (excluding domestic violence cases and specific assaults) that are at least 7 years old, or cases where all charges were dismissed (with at least 3 years elapsed since the outcome). The law requires the Department of Public Safety and the Judiciary to expunge all currently eligible cases by July 1, 2028, and then automatically process newly qualifying cases monthly starting August 1, 2028. Expungement means permanently removing all references to the case from electronic court records and the central repository, with no need for manual redaction.