SB 862
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 862 (Senator Waldstreicher)
Judicial Proceedings Judiciary
Arrest Warrants Issued by District Court Commissioners - Recall by Judge
This bill authorizes a District Court judge or a circuit court judge, on a finding of good
cause, to recall an arrest warrant issued by a District Court commissioner and issue a
summons in its place.
Fiscal Summary
State Effect: The bill is procedural and does not materially affect State finances or
operations.
Local Effect: The bill is procedural and does not materially affect local finances or
operations.
Small Business Effect: None.
Analysis
Current Law: An individual may file an application for a statement of charges with a
District Court commissioner. After reviewing an application for a statement of charges, a
District Court commissioner may issue a summons or an arrest warrant. A District Court
commissioner may issue an arrest warrant only if the commissioner finds that there is
probable cause to believe that the defendant committed the offense charged in the charging
document and (1) the defendant previously failed to respond to a summons or citation;
(2) the defendant’s whereabouts are unknown and the issuance of a warrant is necessary to
subject the defendant to the court’s jurisdiction; (3) the defendant is in custody for another
offense; or (4) there is probable cause to believe that the defendant poses a danger to
another person or to the community.
 Additional Information
Prior Introductions: HB 1599 of 2020, a similar bill, was referred to the House Rules
and Executive Nominations Committee, but no further action was taken.
Designated Cross File: None.
Information Source(s): Harford, Montgomery, and Wicomico counties; Judiciary
(Administrative Office of the Courts); Office of the Public Defender; Maryland State’s
Attorneys’ Association; Department of State Police; Department of Legislative Services
Fiscal Note History: First Reader - February 25, 2021
rh/jkb Third Reader - March 22, 2021
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 862/ Page 2


Statutes affected:
Text - First - Arrest Warrants Issued by District Court Commissioners - Recall by Judge: 2-607 Courts and Judicial Proceedings
Text - Third - Arrest Warrants Issued by District Court Commissioners - Recall by Judge: 2-607 Courts and Judicial Proceedings