SB 852
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 852 (Senator Hough, et al.)
Judicial Proceedings Rules and Executive Nominations
Crimes - Penalties and Procedures (Violent Firearms Offender Act of 2021)
This emergency bill (1) alters provisions and penalties pertaining to several
firearms-related offenses; (2) expands the definition of a “crime of violence” under
§ 14-101 of the Criminal Law Article; (3) requires the Commissioner of Correction to
provide to each inmate a reentry kit containing specified items and information prior to
release from a State correctional facility; (4) expands the list of cases in which the State
may appeal from specified evidentiary decisions; and (5) specifies that a violation of a
condition of probation, parole, or mandatory supervision involving the use or possession
of a firearm is not a technical violation.
Fiscal Summary
State Effect: General fund expenditures increase by $400,000 in FY 2021 and by
$1.6 million annually thereafter for reentry kits; potential significant additional increase in
general fund expenditures due to the bill’s penalty provisions, as discussed below. Potential
minimal decrease in general fund revenues from fines imposed in the District Court.
Local Effect: Potential minimal increase in local revenues from fines imposed in
circuit court cases. The bill is not anticipated to materially affect local expenditures or
operations.
Small Business Effect: None.
 Analysis
Bill Summary/Current Law:
Offense-related Provisions
Section 4-204 of the Criminal Law Article prohibits the use of a firearm in a crime of
violence (as defined under § 5-101 of the Public Safety Article) or a felony. The bill
(1) specifies that the term “use a firearm” does not include the mere possession of a firearm
and (2) reclassifies the offense from a misdemeanor to a felony.
Section 4-306 of the Criminal Law Article prohibits the use of an assault weapon, rapid
fire trigger activator, or a magazine that has a capacity of more than 10 rounds of
ammunition in the commission of a felony or crime of violence (as defined under § 5-101
of the Public Safety Article). The bill (1) specifies that “use of a firearm” does not include
the mere possession of a firearm and (2) reclassifies the offense from a misdemeanor to a
felony.
Section 4-404 of the Criminal Law Article prohibits a person from using or possessing a
machine gun in the commission or attempted commission of a crime of violence (as defined
under § 4-401 of the Criminal Law Article). The bill expands the application of this
prohibition to the commission or attempted commission of a felony.
Section 5-133(b) of the Public Safety Article prohibits the possession of a regulated firearm
by specified individuals. The bill increases the maximum incarceration penalty for a
second or subsequent violation of this prohibition from 5 to 10 years. A person convicted
under this provision is not prohibited from participating in specified drug treatment due to
length of sentence. A court may not impose the subsequent offender penalty unless the
State’s Attorney serves notice on the defendant or the defendant’s counsel before the
acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that (1) the
State will seek the subsequent offender penalty and (2) lists the alleged prior convictions.
Section 5-134(b) of the Public Safety Article prohibits a dealer or other person from selling,
renting, loaning, or transferring a regulated firearm under specified circumstances.
Each violation is a separate crime. The bill establishes a separate (but similar) prohibition
related to the sale, rental, or transfer of a regulated firearm, punishable by a newly
established penalty. Under the bill, a dealer or other person may not sell, rent, loan, or
transfer a regulated firearm to a purchaser, lessee, borrower or transferee if the dealer or
other person has actual knowledge that the purchaser, lessee, borrower, or transferee
intends to use the regulated firearm to commit a crime or cause harm to the purchaser,
lessee, transferee, or recipient, or another person. Violators are guilty of a felony,
punishable by imprisonment for up to 10 years. Each violation is a separate crime. A
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defendant charged with this offense must also be charged under the existing prohibition (a
misdemeanor punishable by imprisonment for up to 5 years and/or a $10,000 maximum
fine). A person convicted of this offense is not prohibited from participating in specified
drug treatment due to length of sentence.
Technical Violations of Probation, Parole, or Mandatory Supervision
Under current law, a “technical violation” of a condition of probation, parole, or mandatory
supervision is a violation that does not involve (1) an arrest or a summons issued by a
District Court commissioner on a statement of charges filed by a law enforcement officer;
(2) a violation of a criminal prohibition other than a minor traffic offense; (3) a violation
of a no-contact or stay-away order; or (4) absconding. The bill specifies that a violation
involving the use or possession of a firearm is not a technical violation.
Reentry Kits
The bill requires the Commissioner of Correction to provide an inmate, before release from
a State correctional facility, with a reentry kit including:
 at least one-week of supplies for basic human needs, including toiletries and
clothing;
 the identification card required to be issued under § 9-609.1 of the Correctional
Services Article;
 contact information for entities that specialize in providing reentry services, housing
assistance, substance use disorder treatment, and mental health services;
 contact information for the Maryland Health Benefit Exchange, if the inmate is not
eligible for Medicaid benefits; and
 public transportation information.
If the inmate is eligible for Medicaid benefits, the Commission of Correction must provide
assistance in obtaining Medicaid benefits.
Right of Appeal – Firearms Crimes
Under current law, in a case involving a crime of violence, as defined in § 14-101 of the
Criminal Law Article, and in cases involving specified controlled dangerous substances
offenses, the State may appeal from a decision of a trial court that excludes evidence
offered by the State or requires the return of property alleged to have been seized in
violation of the U.S. Constitution, the Maryland Constitution, or the Maryland Declaration
of Rights. The appeal must be made before jeopardy attaches to the defendant. However,
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in all cases, the appeal must be taken no more than 15 days after the decision has been
rendered and must be diligently prosecuted.
The bill adds several firearms-related offenses to the list of criminal cases in which this
appeal is available and adds these offenses to the cases for which, pending the prosecution
and determination of such an appeal, the court may release the defendant on any terms or
conditions the court considers appropriate or may order the defendant to remain in custody.
Crimes of Violence under § 14-101 of the Criminal Law Article
Individuals convicted of a crime of violence under § 14-101 of the Criminal Law Article
are eligible for various additional criminal penalties and earn diminution credits at a
lower rate than other offenders.
Section 14-101(a) of the Criminal Law Article defines a “crime of violence” as
(1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except
involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery;
(10) carjacking (including armed carjacking); (11) first- and second-degree sexual
offenses; (12) use of a firearm in the commission of a felony or other crime of violence,
except possession with intent to distribute a controlled dangerous substance; (13) child
abuse in the first degree; (14) sexual abuse of a minor younger than age 13 under specified
circumstances; (15) home invasion; (16) felony sex trafficking and forced marriage;
(17) an attempt to commit crimes (1) through (16); (18) continuing course of certain sexual
conduct with a child; (19) assault in the first degree; and (20) assault with intent to murder,
rape, rob, or commit a sexual offense in the first or second degree.
Prior to October 1, 2018, using a handgun in the commission of a crime of violence or
felony was a crime a violence. Chapter 143 of 2018 altered the definition of a “crime of
violence” by (1) replacing use of a “handgun” in the commission of a crime of violence or
felony with use of a “firearm” in the commission of a crime of violence or felony and
(2) creating an exception for using a firearm in the commission of possession with intent
to distribute a controlled dangerous substance under § 5-602(2) of the Criminal Law
Article. By removing this exception, the bill adds use of a firearm in the commission of
possession with the intent to distribute a controlled dangerous substance to the definition
of a crime of violence.
State Revenues: General fund revenues may decrease minimally from fines imposed in
District Court cases that are shifted to the circuit courts as a result of the bill’s provisions.
State Expenditures: General fund expenditures for the Department of Public Safety and
Correctional Services (DPSCS) increase by approximately $400,000 in fiscal 2021 and by
$1.6 million each year thereafter for reentry kits. General fund incarceration expenditures
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increase in the out-years, perhaps significantly, due to the bill’s penalty provisions, as
discussed below. General fund expenditures may increase further due to expanded
application of existing incarceration penalties. The Maryland Health Benefit Exchange can
handle additional call volume and correspondence generated by the bill with existing
budgeted resources.
Reentry Kits
DPSCS advises that the department released 5,332 individuals (4,932 male and
400 females) back into the community during fiscal 2020. Based on these release statistics
and estimated costs for kits for male and female inmates (which differ in contents), the
annual cost associated with reentry kits is approximately $400,000 in fiscal 2021 (reflecting
three months of costs due to the bill’s emergency status) and $1.6 million each fiscal year
thereafter, assuming that DPSCS’ annual release statistics remain constant. DPSCS advises
that estimated costs associated with reentry kits do not include the standing inventory of
release clothing and toiletries that must be established at each facility.
Offense-related Provisions
General fund incarceration expenditures increase in the out-years, perhaps significantly,
due to the bill’s penalty provisions, as discussed below. General fund expenditures may
increase further due to expanded application of existing incarceration penalties.
Exhibit 1 contains information on the number of violations filed in the courts and the
number of sentences imposed in the circuit courts during fiscal 2020 for offenses whose
penalties are altered under the bill. Fiscal 2020 statistics may have been affected by the
COVID-19 pandemic. DPSCS was not able to provide sentencing data or intake data for
these offenses.
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 Exhibit 1
Offenses Altered under the Bill
Fiscal 2020
District
Court Circuit Court MSCCSP
Violations Violations Circuit Court Convictions
Charge Filed1 Filed1 (Individuals/Counts)2
Criminal Law Article, § 4-204
(Use of a Firearm in the
Commission of a Crime) 2,137 2,229 211 indiv./242 counts
Criminal Law Article, § 4-306
(Assault Weapons and
Detachable Magazines) 16 18 1 indiv./16 counts
Criminal Law Article, § 4-404
(Using a Machine Gun to
Commit Specified Crimes) 0 0 0
Public Safety Article, § 5-133(b)
(Possession of Regulated
Firearms by Specified Persons) 4,1233 4,1144 308 indiv./322 counts
Public Safety Article, § 5-134
(Restrictions on Sale, Rental,
or Transfer of Regulated
Firearms) N/A N/A 0
MSCCSP: Maryland State Commission on Criminal Sentencing Policy
Fiscal 2020 statistics may have been affected by the COVID-19 pandemic.
1
A violation is a charged filed with the court. It is not a conviction, and one person may be associated with multiple
violations.
2
Reflects data from the Maryland State Sentencing Guidelines Database for sentencing information received by
MSCCSP for individuals sentenced in the State’s circuit courts.
3
Violation data appears to apply to violations filed under all provisions of § 5-133, not just § 5-133(b).
Sources: Maryland Judiciary; Maryland State Commission on Criminal Sentencing Policy
The bill reclassifies specified offenses and activities from misdemeanors to felonies.
Changing crimes from misdemeanors to felonies means that (1) such cases are likely to be
filed in the circuit courts rather than the District Court and (2) some persons may eventually
serve longer incarcerations due to more stringent penalty provisions, applicable to some
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offenses for prior felony convictions. Accordingly, it is assumed that this bill shifts an
unknown number of cases from the District Court to the circuit courts. It is not known
whether such a prospective shift may spur more plea bargains and affect actual sentencing
practices for this offense.
Persons serving a sentence longer than 18 months are incarcerated in State correctional
facilities. Currently, the average total cost per inmate, including overhead, is estimated at
$3,900 per month. Excluding overhead, the average cost of housing a new State inmate
(including health care costs) is about $1,075 per month. Excluding all health care (which
is a fixed cost under the current contract), the average variable costs total $222 per month.
Section 5-133(b) of the Public Safety Article (Prohibited Possession of a Firearm): The
bill increases the maximum incarceration penalty for a subsequent offender from 5 to
10 years. DPSCS was not able to provide information on how many individuals convicted
under Section 5-133 entered DOC facilities during fiscal 2020 or how many were
subsequent offenders. The impact of this provision depends on the sentences imposed and
actual time served by offenders sentenced under this provision of the bill.
However, for illustrative purposes, assuming that 100 of the more than 300 individuals
convicted of this offense in the circuit courts during fiscal 2020 were sentenced to
incarceration as subsequent offenders for this offense, the bill may add as much as
500 years of additional time to this group of offenders. Assuming the variable inmate costs
of $222 per month excluding health care, State costs could increase by more than
$1.3 million for each annual cohort of defendants sentenced for this crime. Any impact
from these extended incarcerations will likely be realized in the out-years, as individuals
conclude sentences that may have been imposed under existing statute and commence
serving sentences imposed under the bill.
Crimes of Violence – Use of a Firearm in the Commission of Possession with Intent to
Distribute a Controlled Dangerous Substance: The bill’s designation of the use of a
firearm in the commission of possession with intent to distribute a controlled dangerous
substance as a crime of violence under § 14-101 of the Criminal Law Article may result in
a minimal increase in general fund expenditures in the out-years. DPSCS advises that, in
fiscal 2019, it conducted intake on nine inmates that had offenses under § 4-204 of the
Criminal Law Article (use of a firearm in the commission of a felony or a crime of violence
(as defined under § 5-101 of the Public Safety Article)) and possession with the intent to
distribute a controlled dangerous substance under § 5-602(2) of the Criminal Law Article.
Only one of these inmates benefitted from the exception repealed by the bill.
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Appeals by the State
While the bill expands the opportunity for the State to appeal decisions by the court to
exclude evidence, given the number of factors involved in a successful prosecution, these
provisions are not likely to have a direct effect on State finances.
Local Revenues: Local revenues may increase minimally from fines imposed in cases
shifted from the District Court to the circuit courts under the bill.
Additional Information
Prior Introductions: SB 35 of 2020, a similar bill, passed the Senate with amendments
and was referred to the House Judiciary Committee, but no further action taken.
Designated Cross File: None.
Information Source(s): Harford, Montgomery, and Talbot counties; Maryland State
Commission on Criminal Sentencing Policy; Judiciary (Administrative Office of the
Courts); Office of the Public Defender; Department of Public Safety and Correctional
Services; Department of State Police; Maryland Department of Transportation; Health
Benefit Exchange; Department of Legislative Services
Fiscal Note History: First Reader - March 2, 2021
rh/aad Third Reader - April 5, 2021
Revised - Amendment(s) - April 5, 2021
Revised - Clarification - April 5, 2021
Analysis by: Shirleen M. E. Pilgrim Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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