# Criminal Procedure (GCP)

## Title 1. Definitions; General Provisions

### Subtitle 1. Definitions

#### Section 1-101

(a) In this article the following words have the meanings indicated.

(b) "Absconding" has the meaning stated in Sec. 6-101 of the Correctional Services Article.

(c)

  (1) "Charging document" means a written accusation alleging that a defendant has committed a crime.

  (2) "Charging document" includes a citation, an indictment, an information, a statement of charges, and a warrant.

(d) "Correctional facility" has the meaning stated in Sec. 1-101 of the Correctional Services Article.

(e) "County" means a county of the State or Baltimore City.

(f) "Crime of violence" has the meaning stated in Sec. 14-101 of the Criminal Law Article.

(g) "Department" means the Department of Public Safety and Correctional Services.

(h) "Incarcerated individual" has the meaning stated in Sec. 1-101 of the Correctional Services Article.

(i) "Local correctional facility" has the meaning stated in Sec. 1-101 of the Correctional Services Article.

(j) "Managing official" has the meaning stated in Sec. 1-101 of the Correctional Services Article.

(k) "Nolle prosequi" means a formal entry on the record by the State that declares the State's intention not to prosecute a charge.

(l) "Nolo contendere" means a plea stating that the defendant will not contest the charge but does not admit guilt or claim innocence.

(m) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(n) "Secretary" means the Secretary of the Department of Public Safety and Correctional Services.

(o) "State" means:

  (1) a state, possession, territory, or commonwealth of the United States; or

  (2) the District of Columbia.

(p) "State correctional facility" has the meaning stated in Sec. 1-101 of the Correctional Services Article.

(q) "Technical violation" has the meaning stated in Sec. 6-101 of the Correctional Services Article.

### Subtitle 2. General Provisions

#### Section 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.

  (2) This prohibition applies to the use of television, radio, and photographic or recording equipment.

(b) Subsection (a) of this section does not apply to the use of electronic or photographic equipment approved by the court:

  (1) to take the testimony of a child victim under Sec. 11-303 of this article; or

  (2) to perpetuate a court record.

(c) A person who violates this section may be held in contempt of court.

#### Section 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

    (ii) cannot readily understand or communicate the English language and cannot understand a charge made against the defendant or help present the defense.

  (2) On application of a victim or victim's representative, as defined in Sec. 11-104(a) of this article, the court shall appoint a qualified interpreter to help the victim or the victim's representative throughout any criminal proceeding when the victim or the victim's representative:

    (i) is deaf; or

    (ii) cannot readily understand or communicate the English language.

(b) The court shall give an interpreter appointed under this section:

  (1) compensation for services in an amount equal to that provided for interpreters of languages other than English; and

  (2) reimbursement for actual and necessary expenses incurred in the performance of services.

#### Section 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.

  (2) A circuit court judge or District Court judge may issue forthwith a search warrant whenever it is made to appear to the judge, by application as described in paragraph (3) of this subsection, that there is probable cause to believe that:

    (i) a misdemeanor or felony is being committed by a person or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge; or

    (ii) property subject to seizure under the criminal laws of the State is on the person or in or on the building, apartment, premises, place, or thing.

  (3)

    (i) An application for a search warrant shall be:

      (1) in writing;

      (2) signed, dated, and sworn to by the applicant; and

      (3) accompanied by an affidavit that:

      (A) sets forth the basis for probable cause as described in paragraph (1) of this subsection; and

      (B) contains facts within the personal knowledge of the affiant that there is probable cause.

    (ii) An application for a search warrant may be submitted to a judge:

      (1) by in-person delivery of the application, the affidavit, and a proposed search warrant;

      (2) by secure fax, if a complete and printable image of the application, the affidavit, and a proposed search warrant are submitted; or

      (3) by secure electronic mail, if a complete and printable image of the application, the affidavit, and a proposed search warrant are submitted.

    (iii) The applicant and the judge may converse about the search warrant application:

      (1) in person;

      (2) via telephone; or

      (3) via video.

    (iv) The judge may issue the search warrant:

      (1) by signing the search warrant, indicating the date and time of issuance on the search warrant, and physically delivering the signed and dated search warrant, the application, and the affidavit to the applicant;

      (2) by signing the search warrant, writing the date and time of issuance on the search warrant, and sending complete and printable images of the signed and dated search warrant, the application, and the affidavit to the applicant by secure fax; or

      (3) by signing the search warrant, either electronically or in writing, indicating the date and time of issuance on the search warrant, and sending complete and printable images of the signed and dated search warrant, the application, and the affidavit to the applicant by secure electronic mail.

    (v) The judge shall file a copy of the signed and dated search warrant, the application, and the affidavit with the court.

    (vi)

      (1) If approved in writing by a police supervisor and the State's Attorney, an application for a search warrant may contain a request that the search warrant be a no-knock search warrant, on the ground that there is reasonable suspicion to believe that, without the authorization the life or safety of the executing officer or another person may be endangered.

      (2) An application for a no-knock search warrant under this subparagraph shall contain:

      (A) a description of the evidence in support of the application;

      (B) an explanation of the investigative activities that have been undertaken and the information that has been gathered to support the request for a no-knock search warrant;

      (C) an explanation of why the affiant is unable to detain the suspect or search the premises using other, less invasive methods;

      (D) acknowledgment that any police officers who will execute the search warrant have successfully completed the same training in breach and call-out entry procedures as SWAT team members;

      (E) a statement as to whether the search warrant can effectively be executed during daylight hours and, if not, what facts or circumstances preclude effective execution in daylight hours; and

      (F) a list of any additional occupants of the premises by age and gender, as well as an indication as to whether any individuals with cognitive or physical disabilities or pets reside at the premises, if known.

      (3) A no-knock search warrant shall be executed between 8:00 a.m. and 7:00 p.m., absent exigent circumstances.

  (4) The search warrant shall:

    (i) be directed to a duly constituted police officer, the State Fire Marshal, or a full-time investigative and inspection assistant of the Office of the State Fire Marshal and authorize the police officer, the State Fire Marshal, or a full-time investigative and inspection assistant of the Office of the State Fire Marshal to search the suspected person, building, apartment, premises, place, or thing and to seize any property found subject to seizure under the criminal laws of the State;

    (ii) name or describe, with reasonable particularity:

      (1) the person, building, apartment, premises, place, or thing to be searched;

      (2) the grounds for the search; and

      (3) the name of the applicant on whose application the search warrant was issued; and

    (iii) if warranted by application as described in paragraph (3) of this subsection, authorize the executing law enforcement officer to enter the building, apartment, premises, place, or thing to be searched without giving notice of the officer's authority or purpose.

  (5)

    (i) The search and seizure under the authority of a search warrant shall be made within 10 calendar days after the day that the search warrant is issued.

    (ii) After the expiration of the 10-day period, the search warrant is void.

  (6) The executing law enforcement officer shall give a copy of the search warrant, the application, and the affidavit to an authorized occupant of the premises searched or leave a copy of the search warrant, the application, and the affidavit at the premises searched.

  (7)

    (i) The executing law enforcement officer shall prepare a detailed search warrant return which shall include the date and time of the execution of the search warrant.

    (ii) The executing law enforcement officer shall:

      (1) give a copy of the search warrant return to an authorized occupant of the premises searched or leave a copy of the return at the premises searched; and

      (2) file a copy of the search warrant return with the court in person, by secure fax, or by secure electronic mail.

  (8)

    (i) In this paragraph, "exigent circumstances" retains its judicially determined meaning.

    (ii) While executing a search warrant, a police officer shall be clearly recognizable and identifiable as a police officer, wearing a uniform, badge, and tag bearing the name and identification number of the police officer.

    (iii)

      (1) This subparagraph applies to a police officer whose law enforcement agency requires the use of body-worn cameras.

      (2) A police officer executing a search warrant shall use a body-worn camera during the course of the search in accordance with the policies established by the police officer's law enforcement agency.

    (iv) Unless executing a no-knock search warrant, a police officer shall allow a minimum of 20 seconds for the occupants of a residence to respond and open the door before the police officer attempts to enter the residence, absent exigent circumstances.

    (v) A police officer may not use flashbang, stun, distraction, or other similar military-style devices when executing a search warrant, absent exigent circumstances.

(b)

  (1) A circuit court judge or District Court judge shall cause property taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, it appears that:

    (i) the property taken is not the same as that described in the search warrant;

    (ii) there is no probable cause for believing the existence of the grounds on which the search warrant was issued; or

    (iii) the property was taken under a search warrant issued more than 15 calendar days before the seizure.

  (2) The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on any ground described in paragraph (1) of this subsection.

  (3) If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State's Attorney.

  (4) Court costs may not be assessed against the person from whom the property was taken if:

    (i) the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority seizing the property; and

    (ii) it is later ordered that the property be restored to the person from whom it was taken.

  (5) If the judge finds that the property taken is the same as that described in the search warrant and that there is probable cause for believing the existence of the grounds on which the search warrant was issued, the judge shall order the property to be retained in the custody of the police authority seizing it or to be otherwise disposed of according to law.

(c)

  (1) This subsection does not apply to contraband or other property prohibited by law from being recoverable.

  (2) Property seized under a search warrant issued under subsection (a) of this section may be returned to the person to whom the property belongs without the necessity of that person bringing an action for replevin or any other proceeding against the unit with custody of the property if:

    (i) the criminal case in which the property was seized is disposed of because of a nolle prosequi, dismissal, or acquittal;

    (ii) the State does not appeal the criminal case in which the property was seized; or

    (iii) the time for appeal has expired.

(d)

  (1) A circuit court judge or District Court judge shall cause property rightfully taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, the judge finds that the property is being wrongfully withheld after there is no further need for retention of the property.

  (2) The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on the ground that the property, although rightfully taken under a search warrant, is being wrongfully withheld after there is no further need for retention of the property.

  (3) If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State's Attorney.

  (4) Court costs may not be assessed against the person from whom the property was taken if:

    (i) the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority wrongfully withholding the property; and

    (ii) it is later ordered that the property be restored to the person from whom it was taken.

(e)

  (1) Notwithstanding any provision of the Maryland Rules, a circuit court judge or District Court judge, on a finding of good cause, may order that an affidavit presented in support of a search and seizure warrant be sealed for a period not exceeding 30 days.

  (2) A finding of good cause required by paragraph (1) of this subsection is established by evidence that:

    (i) the criminal investigation to which the affidavit is related is of a continuing nature and likely to yield further information that could be of use in prosecuting alleged criminal activities; and

    (ii) the failure to maintain the confidentiality of the investigation would:

      (1) jeopardize the use of information already obtained in the investigation;

      (2) impair the continuation of the investigation; or

      (3) jeopardize the safety of a source of information.

  (3) A court may grant one 30-day extension of the time that an affidavit presented in support of a search and seizure warrant is to remain sealed if:

    (i) law enforcement provides continued evidence as described in paragraph (2) of this subsection; and

    (ii) the court makes a finding of good cause based on the evidence.

  (4) After the order sealing the affidavit expires, the affidavit shall be:

    (i) unsealed; and

    (ii) delivered within 15 days:

      (1) to the person from whom the property was taken; or

      (2) if that person is not on the premises at the time of delivery, to the person apparently in charge of the premises from which the property was taken.

#### Section 1-203.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Cell site simulator" means a device that mimics a cell tower and captures identifying information of electronic devices in the range of the device.

  (3) "Court" means the District Court or a circuit court having jurisdiction over the crime being investigated, regardless of the location of the electronic device from which location information is sought.

  (4)

    (i) "Electronic device" means a device that enables access to or use of an electronic communication service, as defined in Sec. 10-401 of the Courts Article, a remote computing service, as defined in Sec. 10-4A-01(c) of the Courts Article, or a geographic location information service.

    (ii) "Electronic device" does not include:

      (1) an automatic identification system installed on a vessel in accordance with Title 33, Part 164.46 of the Code of Federal Regulations; or

      (2) a vessel monitoring system (VMS) or a VMS unit installed on board a vessel for vessel monitoring in accordance with Title 50, Part 648 of the Code of Federal Regulations.

  (5) "Exigent circumstances" means an emergency or other judicially recognized exception to constitutional warrant requirements.

  (6) "Location information" means real-time or present information concerning the geographic location of an electronic device that is generated by or derived from the operation of that device.

  (7) "Location information service" means a global positioning service or other mapping, locational, or directional information service.

  (8) "Owner" means a person or an entity having the legal title, claim, or right to an electronic device.

  (9) "Service provider" means the provider of an electronic communication service, a remote computing service, or any location information service.

  (10) "User" means a person that uses or possesses an electronic device.

(b)

  (1) A court may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device after determining from an application described in paragraph (2) of this subsection that there is probable cause to believe that:

    (i) a misdemeanor or felony has been, is being, or will be committed by the owner or user of the electronic device or by the individual about whom location information is being sought; and

    (ii) the information sought by the cell site simulator or the location information being sought:

      (1) is evidence of, or will lead to evidence of, the misdemeanor or felony being investigated; or

      (2) will lead to the apprehension of an individual for whom an arrest warrant has been previously issued.

  (2) An application for an order under this section shall be:

    (i) in writing;

    (ii) signed and sworn to by the applicant; and

    (iii) accompanied by an affidavit that:

      (1) sets forth the basis for probable cause as described in paragraph (1) of this subsection; and

      (2) contains facts within the personal knowledge of the affiant.

  (3) An application for a court order under this section may be submitted to a judge:

    (i) by in-person delivery of the application, the affidavit, and a proposed court order;

    (ii) by secure fax, if a complete and printable image of the application, the affidavit, and a proposed court order are submitted; or

    (iii) by secure electronic mail, if a complete and printable image of the application, the affidavit, and a proposed court order are submitted.

  (4) The applicant and the judge may converse about the court order application:

    (i) in person;

    (ii) via telephone; or

    (iii) via video.

  (5) The judge may issue the court order:

    (i) by signing the court order, indicating the date and time of issuance on the court order, and physically delivering the signed and dated court order, the application, and the affidavit to the applicant;

    (ii) by signing the court order, writing the date and time of issuance on the court order, and sending complete and printable images of the signed and dated court order, the application, and the affidavit to the applicant by secure fax; or

    (iii) by signing the court order, either electronically or in writing, indicating the date and time of issuance on the court order, and sending complete and printable images of the signed and dated court order, the application, and the affidavit to the applicant by secure electronic mail.

  (6) An order to obtain location information issued under this section shall:

    (i) name or describe with reasonable particularity:

      (1) the type of electronic device associated with the location information being sought;

      (2) the user of the electronic device, if known, or the identifying number of the electronic device about which location information is sought;

      (3) the owner, if known and if the owner is a person or an entity other than the user, of the electronic device;

      (4) the grounds for obtaining the location information; and

      (5) the name of the applicant on whose application the order was issued;

    (ii) authorize the executing law enforcement officer to obtain the location information without giving notice to the owner or user of the electronic device or to the individual about whom the location information is being sought for the duration of the order;

    (iii) specify the period of time for which location information is authorized to be obtained; and

    (iv) if applicable, order the service provider to:

      (1) disclose to the executing law enforcement officer the location information associated with the electronic device for the period of time authorized; and

      (2) refrain from notifying the user, owner, or any other person of the disclosure of location information for as long as the notice under subsection (d) of this section is delayed.

  (7) An order authorizing use of a cell site simulator issued under this section shall:

    (i) name or describe with reasonable particularity:

      (1) the type of electronic device associated with the use of the cell site simulator;

      (2) the user of the electronic device, if known, or the identifying number of the electronic device;

      (3) the owner of the electronic device, if known, and whether the owner is a person or an entity other than the user;

      (4) the grounds for using the cell site simulator; and

      (5) the name of the applicant on whose application the order was issued;

    (ii) authorize the executing law enforcement officer to use a cell site simulator without giving notice to the owner or user of the electronic device or to the individual about whom information is being sought for the duration of the order;

    (iii) specify the period of time for which use of a cell site simulator is authorized;

    (iv) require that any third-party or nontarget data be permanently destroyed on the expiration of the order;

    (v) require that no content data be obtained;

    (vi) restrict the investigative use of any third-party or nontarget data without further court order; and

    (vii) require that a copy of the application and order be provided in discovery.

(c)

  (1)

    (i) The period of time during which a cell site simulator may be used or location information may be obtained under the authority of an order under subsection (b) of this section may not exceed 30 days unless extended as provided in paragraph (3) of this subsection.

    (ii) Cell site simulator use shall begin or location information shall begin to be obtained by the executing law enforcement officer within 10 calendar days after the order is issued or, if applicable, the order shall be delivered to the service provider within 10 calendar days after the order is issued.

  (2) If none of the events described in paragraph (1)(ii) of this subsection occurs within 10 calendar days of the issuance of the order, the order is void.

  (3)

    (i) The authority to use a cell site simulator or obtain location information under the order may be extended beyond 30 calendar days on a finding of continuing probable cause.

    (ii) An extension under this paragraph may not exceed an additional 30 calendar days, unless the court finds continuing probable cause and determines that good cause exists for a longer extension.

(d)

  (1) Notice of the court's order shall be delivered to the user and, if known and if the owner is a person or an entity other than the user, the subscriber of the electronic device at issue.

  (2) The notice shall:

    (i) state the general nature of the law enforcement inquiry; and

    (ii) inform the user or owner:

      (1) if applicable, that a cell site simulator was used or that location information maintained by the service provider was supplied to a law enforcement officer;

      (2) if applicable, of the identifying number associated with the electronic device;

      (3) of the dates during which the cell site simulator was used or for which the location information was supplied;

      (4) whether notification was delayed; and

      (5) which court authorized the order.

  (3) Subject to paragraph (4) of this subsection, notice must be delivered within 10 calendar days after the expiration of the order.

  (4) Notwithstanding any provision of the Maryland Rules or this subtitle, the court, on a finding of good cause, may order that the application, affidavit, and order be sealed and that the notification required under this section be delayed for a period of 30 calendar days.

  (5) A finding of good cause under paragraph (4) of this subsection may be established by evidence that:

    (i) the criminal investigation to which the affidavit is related is of a continuing nature and likely to yield further information that could be of use in prosecuting alleged criminal activities; and

    (ii) the failure to maintain the confidentiality of the investigation would:

      (1) jeopardize the use of information already obtained in the investigation;

      (2) impair the continuation of the investigation; or

      (3) jeopardize the safety of a source of information.

  (6) A court may order that notification under this section be delayed beyond 30 calendar days if:

    (i) a law enforcement officer provides continued evidence of a circumstance described in paragraph (5) of this subsection; and

    (ii) the court makes a finding of good cause based on evidence that notice should be further delayed to preserve the continuation of the investigation.

(e)

  (1) Discovery of the application, affidavit, order, and related documents, if any, is subject to the provisions of Maryland Rules 4-262 and 4-263.

  (2) Subject to paragraph (3) of this subsection, evidence obtained in violation of this section is subject to the exclusionary rule as judicially determined.

  (3) Under no circumstances is information collected on a nontarget device admissible in a criminal, civil, administrative, or other proceeding.

(f) Notwithstanding any other provision of this section, a law enforcement officer may use a cell site simulator or obtain location information for a period not to exceed 48 hours:

  (1) in exigent circumstances; or

  (2) with the express consent of the user or owner of the electronic device.

(g) A person may not be held civilly liable for complying with this section by providing location information.

#### Section 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.

(b)

  (1) Process issued under subsection (a) of this section shall be directed to the sheriff of the county where the person resides.

  (2) The sheriff shall serve and return the process as if issued by a court of the sheriff's county.

  (3) A court that issued process under subsection (a) of this section may fine a sheriff who neglects the process or delays serving and returning the process.

#### Section 1-206

Whenever process is served on a defendant in a criminal case, the process server shall leave with the defendant a copy of the process.

#### Section 1-207

(a) The Governor may remit all or part of a fine or forfeiture.

(b) A defendant or surety applying for the remission of all or part of a recognizance that has been forfeited:

  (1) may apply to a court to order the remission in accordance with Title 4 of the Maryland Rules; and

  (2) need not apply to the Governor to order the remission.

#### Section 1-208

The Governor may not grant a nolle prosequi unless the applicant for the nolle prosequi pays the cost of prosecution.

#### Section 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; or

    (v) the Maryland Department of Labor.

  (2) "Department" includes any unit of a department specified in paragraph (1) of this subsection.

(b) This section does not apply to a person who:

  (1) was previously convicted of a crime of violence, as defined in Sec. 14-101 of the Criminal Law Article; or

  (2) is applying for licensure or license renewal under Title 11, Subtitle 6 of the Financial Institutions Article.

(c) It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.

(d) Except as provided in subsection (f) of this section, a department may not deny an occupational license or certificate to an applicant solely on the basis that the applicant has previously been convicted of a crime, unless the department determines that:

  (1) there is a direct relationship between the applicant's previous conviction and the specific occupational license or certificate sought; or

  (2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(e) In making the determination under subsection (d) of this section, the department shall consider:

  (1) the policy of the State expressed in subsection (c) of this section;

  (2) the specific duties and responsibilities required of a licensee or certificate holder;

  (3) whether the applicant's previous conviction has any impact on the applicant's fitness or ability to perform the duties and responsibilities authorized by the license or certificate;

  (4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;

  (5) the seriousness of the offense for which the applicant was convicted;

  (6) other information provided by the applicant or on the applicant's behalf with regard to the applicant's rehabilitation and good conduct; and

  (7) the legitimate interest of the department in protecting property and the safety and welfare of specific individuals or the general public.

(f)

  (1) This subsection does not apply to a conviction of a crime for which registration on the sex offender registry is required under Title 11, Subtitle 7 of this article.

  (2) If a period of 7 years or more has passed since an applicant completed serving the sentence for a crime, including all imprisonment, mandatory supervision, probation, and parole, and the applicant has not been charged with another crime other than a minor traffic violation, as defined in Sec. 10-101 of this article, during that time, a department may not deny an occupational license or certificate to the applicant solely on the basis that the applicant was previously convicted of the crime.

(g)

  (1)

    (i) An individual may file a request with a department for review of the individual's criminal history to determine whether the individual's criminal history would disqualify the individual from obtaining the occupational license or certificate being sought.

    (ii) The determination of a department regarding whether the occupational license or certificate would be approved or denied to the individual requesting the predetermination under subparagraph (i) of this paragraph shall be binding on the department unless there is a subsequent direct and material adverse change to the individual's criminal history.

    (iii) When conducting a predetermination review requested under subparagraph (i) of this paragraph, a department shall utilize the existing resources of the department.

  (2) If a department determines that an occupational license or certificate would be denied to the individual under paragraph (1) of this subsection, the department shall provide the individual with an explanation for its determination, including the basis under subsection (d) of this section.

  (3) An individual may submit a revised request for a predetermination to the department that made a predetermination under paragraph (1) of this subsection if:

    (i) 1 year has passed since the individual received the predetermination under paragraph (1) of this subsection; or

    (ii) there is a material change to the individual's criminal history.

  (4)

    (i) A department may charge a criminal history review fee to an individual to conduct a review under this section not exceeding $100.

    (ii) The fee charged under subparagraph (i) of this paragraph may be waived if the individual's income is at or below 300% of the federal poverty level, as determined by the District Court of Maryland.

(h) Nothing in this section may be construed to:

  (1) override, supersede, or invalidate any compact or agreement already in place with regard to the regulation of any profession or occupation by a department; or

  (2) supersede the authority of a department to require an applicant or a licensee to submit to a criminal history records review in accordance with this section.

#### Section 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 emergency; or

  (2) any person who sought, provided, or assisted in the provision of medical assistance.

(b) A person who, in good faith, seeks, provides, or assists with the provision of medical assistance for a person reasonably believed to be experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal arrest, charge, or prosecution for a violation of Sec. 5-601, Sec. 5-619, Sec. 5-620, Sec. 10-114, Sec. 10-116, or Sec. 10-117 of the Criminal Law Article if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person's seeking, providing, or assisting with the provision of medical assistance.

(c) A person who is experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal arrest, charge, or prosecution for a violation of Sec. 5-601, Sec. 5-619, Sec. 5-620, Sec. 10-114, Sec. 10-116, or Sec. 10-117 of the Criminal Law Article if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person seeking or receiving medical assistance.

(d) A person who seeks, provides, or assists with the provision of medical assistance in accordance with subsection (b) of this section or who is experiencing a medical emergency in accordance with subsection (c) of this section may not be sanctioned for a violation of a condition of pretrial release, probation, or parole if the evidence of the violation was obtained solely as a result of the person seeking, providing, assisting with, or receiving the provision of medical assistance.

#### Section 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, as defined under Sec. 5-601 of the Criminal Law Article; or

  (3) the presence of cash or currency in proximity to cannabis without other indicia of an intent to distribute.

(b) If a law enforcement officer is investigating a person solely for driving or attempting to drive a motor vehicle or vessel while impaired by or under the influence of cannabis in violation of Sec. 21-902 of the Transportation Article or Sec. 8-738 of the Natural Resources Article, the law enforcement officer may not conduct a search of an area of a motor vehicle or vessel that is not:

  (1) readily accessible to the driver or operator of the motor vehicle or vessel; or

  (2) reasonably likely to contain evidence relevant to the condition of the driver or operator of the motor vehicle or vessel.

(c) Evidence discovered or obtained in violation of this section, including evidence discovered or obtained with consent, is not admissible in a trial, a hearing, or any other proceeding.

#### Section 1-212

Beginning October 1, 2024, and each October 1 thereafter, the Maryland Judiciary shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, the following data for the preceding calendar year, disaggregated by county and offender age, race, and sex:

(1) the number of charges filed in the State for violations of Sec.Sec. 3-303 through 3-308 of the Criminal Law Article, disaggregated by the modality by which the offense was committed; and

(2) the number of convictions in the State for violations of Sec.Sec. 3-303 through 3-308 of the Criminal Law Article, disaggregated by the modality by which the offense was committed.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)