Did you know that there are significant changes in Maryland law effective on October 1, 2017? The professionals at Salvatore & Morton do! We know the latest changes in the law and can help you understand them. If you have been charged with a criminal or motor vehicle offense, call us today.
Here’s a brief break-down of the changes in Maryland law that pertains to criminal and motor vehicle offenses:
SEXUAL OFFENSES:
PHYSICAL RESISTANCE: Evidence of physical resistance from a victim is not required to prove that a sexual crime was committed.
CLASSIFICATION–RAPE: The crimes known as Sexual Offense in the First Degree and Sexual Offense in the Second Degree shall be called Rape in the First Degree and Rape in the Second Degree.
SEX OFFENDER REGISTRANT—NOTIFICATION OF INTERNATIONAL TRAVEL: Requires certain sex offenders who are registered to notify law enforcement at least 21 days in advance of travel outside the U.S.
ENHANCED PENALTIES FOR SEX OFFENDERS: Provides that convictions from other states, federal or military courts may be used to increase a penalty for repeat sex offenders.
PENALTIES—HOMICIDE WHILE IMPAIRED: Increases the penalty for Homicide by a Motor Vehicle or Vessel While Impaired by a Controlled Dangerous Substance from 3 years to a maximum penalty of 5 years.
CHILD SUPPORT—LICENSE SUSPENSION: Extends from 60 to 120 days the time period that a person with a Commercial Driver’s License may be out of compliance with Child Support laws before the MVA may be notified and requested that the person’s license may be suspended.
EXPUNGEMENT OF CRIMINAL RECORDS:
EXPUNGEMENT—COMMON LAW BATTERY: A person convicted of common law battery may file a petition for expungement after 15 years, subject to the requirements of law.
EXPUNGEMENT—MOTOR VEHICLE OFFENSES: Requires that the MVA adopt specific regulations for expungement of certain records.
EXPUNGEMENT—POSSESSION OF MARIJUANA: Permits a person convicted of the offense of Possession of Marijuana to file a petition for expungement.
MISCELLANEOUS CRIMES:
CHARGES AGAINST A CORRECTIONAL OFFICER: Requires that the State’s Attorney review an application for a criminal charge against a correctional officer.
ANIMAL CRUELTY: Clarifying that animal cruelty includes failure to provide an animal proper air, space, shelter and protection from weather. Also clarifies that a person who intentionally mutilates, tortures, beats or cruelly kills an animal is guilty of Aggravated Cruelty to animals.
HIV TESTING OF SUSPECTS: A person who has been wrongly exposed to bodily fluids may now request that the person charged be tested for Hepatitis C as well as HIV.
INDIGENCY DETERMINATION: Requires that a District Court Commissioner determine whether a person qualifies as “indigent” and authorizing qualification for the services of the Office of the Public Defender.
CONDITIONAL RELEASE—ELECTRONIC MONITORING: Amber’s Law allows victims to request that a person be placed on electronic monitoring with “stay-away” technology.
STATUTE OF LIMITATIONS: Increases the Statute of Limitations to 3 years for the crime of Solicitation to Commit Murder in the 1st Degree or Arson in the 2nd Degree.
CHILD ABUSE: Specifies that “abuse” does not include injury of a child by accidental means.
PUBLIC SAFETY—PROHIBITION OF FIREARMS: A person who received Probation Before Judgment for Assault in the 2nd Degree is prohibited from possessing firearms if the crime is a specified crime of “domestic violence”.
JUVENILE LAW: Requires that all juveniles, including those charged as adults, to be housed in a juvenile facility pending a hearing.