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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb0159*
HOUSE BILL 159
E1 6lr1238
HB 805/25 – JUD (PRE–FILED) CF SB 171
By: Delegate Solomon
Requested: October 17, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 9, 2026
CHAPTER ______
AN ACT concerning 1
Mail Theft 2
FOR the purpose of altering the prohibition against taking and breaking open a letter; 3
prohibiting the theft of mail under certain circumstances; prohibiting a person from 4
possessing an arrow key under certain circumstances; providing for concurrent 5
jurisdiction in the District Court and circuit court to try a violation of this Act; and 6
generally relating to theft of mail and packages. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 4–301 and 4–302 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12
BY repealing 13
Article – Criminal Law 14
Section 3–905 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Criminal Law 19
Section 3–905 and 3–905.1 20
Annotated Code of Maryland 21
2 HOUSE BILL 159
(2021 Replacement Volume and 2025 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Courts and Judicial Proceedings 4
4–301. 5
(a) Except as provided in §§ 3 –803 and 3–8A–03 of this article and 4 –302 of this 6
subtitle, the District Court has exclusive original jurisdiction in a criminal case in which a 7
person at least 16 years old or a corporation is charged with violation of the vehicle laws, 8
or the State Boat Act, or regulations adopted pursuant to the vehicle laws or State B oat 9
Act. 10
(b) Except as provided in § 4 –302 of this subtitle, the District Court also has 11
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 12
a corporation is charged with: 13
(1) Commission of a common–law or statutory misdemeanor regardless of 14
the amount of money or value of the property involved; 15
(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 16
Article, whether a felony or a misdemeanor; 17
(3) Violation of a county, municipal, or ot her ordinance, if the violation is 18
not a felony; 19
(4) Criminal violation of a State, county, or municipal rule or regulation, if 20
the violation is not a felony; 21
(5) Doing or omitting to do any act made punishable by a fine, 22
imprisonment, or other penal ty as provided by the particular law, ordinance, rule, or 23
regulation defining the violation if the violation is not a felony; 24
(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 25
misdemeanor; 26
(7) Violation of § 8 –203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 27
8–209 of the Criminal Law Article, whether a felony or misdemeanor; 28
(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 29
whether a felony or misdemeanor; 30
(9) Violation of Title 27, Subt itle 4 of the Insurance Article, whether a 31
felony or a misdemeanor; 32
HOUSE BILL 159 3
(10) Violation of § 9–1106 of the Labor and Employment Article; 1
(11) Violation of § 8 –301 of the Criminal Law Article, whether a felony or 2
misdemeanor; 3
(12) Violation of § 2–209 of the Criminal Law Article; 4
(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 5
(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 6
(15) Violation of § 10 –604, § 10 –605, § 10 –606, § 10 –607, § 10 –607.1, or § 7
10–608 of the Criminal Law Article, whether a felony or misdemeanor; 8
(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 9
whether a felony or misdemeanor; 10
(17) Violation of § 20–102 of the Transportation Article, whether a felony or 11
misdemeanor; 12
(18) Violation of § 8–801 of the Criminal Law Article; 13
(19) Violation of § 8–604 of the Criminal Law Article; 14
(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 15
(21) Violation of § 16 –801, § 16–802, § 16–803, or § 16 –804 of the Election 16
Law Article; 17
(22) Violation of § 3–203(c) of the Criminal Law Article; 18
(23) Violation of § 11 –208 of the Criminal Law Article as a second or 19
subsequent offense; 20
(24) Violation of § 11 –721 of the Criminal Proc edure Article as a second or 21
subsequent offense; [or] 22
(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 23
(26) VIOLATION OF § 3–905 OR § 3–905.1 OF THE CRIMINAL LAW 24
ARTICLE. 25
4–302. 26
(a) Except as provided in § 4 –301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), 27
(15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) of this subtitle, the 28
4 HOUSE BILL 159
District Court does not have jurisdiction to try a criminal case charging the commission of 1
a felony. 2
(b) Except as provided in § 4–303 of this subtitle, the District Court does not have 3
criminal jurisdiction to try a case in which a juvenile court has exclusive original 4
jurisdiction. 5
(c) The jurisdiction of the District Court is concurrent with that of th e juvenile 6
court in any criminal case arising under the compulsory public school attendance laws of 7
this State. 8
(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 9
of the District Court is concurrent with that of the circuit court in a criminal case: 10
(i) In which the penalty may be confinement for 3 years or more or 11
a fine of $2,500 or more; or 12
(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 13
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) 14
of this subtitle. 15
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 16
circuit court does not have jurisdiction to try a case charging a violation of § 5 –601 or § 17
5–620 of the Criminal Law Article. 18
(ii) A circuit court does have jurisdiction to try a case charging a 19
violation of § 5–601 or § 5–620 of the Criminal Law Article if the defendant: 20
1. Properly demands a jury trial; 21
2. Appeals as provided by law from a final judgment entered 22
in the District Court; or 23
3. Is charged with another offense arising out of the same 24
circumstances that is within a circuit court’s jurisdiction. 25
(e) (1) The District Court is deprived of jurisdiction if a defendant is entitled 26
to and demands a jury trial at any time prior to trial in the District Court. 27
(2) (i) Except as provided in subparagraph (ii) of this paragraph, unless 28
the penalty for the offense with which the defendant is charged permits imprisonment for 29
a period in excess of 90 days, a defendant is not entitled to a jury trial in a criminal case. 30
(ii) Notwithstanding the provisions of subparagraph (i) of this 31
paragraph, the presiding judge of the District Court may deny a defendant a jury trial if: 32
HOUSE BILL 159 5
1. The prosecutor recommends in open court that the judge 1
not impose a penalty of imprisonment for a period in excess of 90 days, regar dless of the 2
permissible statutory or common law maximum; 3
2. The judge agrees not to impose a penalty of imprisonment 4
for a period in excess of 90 days; and 5
3. The judge agrees not to increase the defendant’s bond if an 6
appeal is noted. 7
(iii) The State may not demand a jury trial. 8
(f) (1) Except as provided in Title 4, Subtitle 5 of the Family Law Article, the 9
District Court does not have jurisdiction of an offense otherwise within the District Court’s 10
jurisdiction if a person is charged: 11
(i) With another offense arising out of the same circumstances but 12
not within the District Court’s jurisdiction; or 13
(ii) In the circuit court with an offense arising out of the same 14
circumstances and within the concurrent jurisdictions of the District Court and the circuit 15
court described under subsection (d) of this section. 16
(2) In the cases described under paragraph (1) of this subsection, the circuit 17
court for the county has exclusive original jurisdiction over all the offenses. 18
Article – Criminal Law 19
[3–905. 20
(a) A person may not take and break open a letter that is not addressed to the 21
person without permission from the person to whom the letter is addressed or the personal 22
representative of the addressee’s estate. 23
(b) A person who violates this section is guilty of a misdemeanor and on conviction 24
is subject to imprisonment for 6 days and a fine of $15.] 25
3–905. 26
(A) (1) IN THIS SECTION, “MAIL” MEANS AN ITEM THAT H AS BEEN OR IS 27
INTENDED TO BE DELIVERED BY USE OF THE U.S. POSTAL SERVICE OR A COMMON 28
CARRIER OR DELIVERY SERVICE TO A PERSON WHOSE ADDRESS APPEARS ON THE 29
ITEM. 30
(2) “MAIL” INCLUDES AN ADDRESSE D LETTER , POSTAL CARD , OR 31
PACKAGE. 32
6 HOUSE BILL 159
(B) A PERSON MAY NOT KNOWI NGLY AND INTENTIONAL LY OPEN MAIL 1
ADDRESSED TO ANOTHER WITHOUT THE PERMISSION OF THE OT HER OR THE 2
OTHER’S AUTHORIZED REPRESENTATIVE OR DESIGNEE. 3
(C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR 4
AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 MONTH OR 5
A FINE OF $1,000 OR BOTH. 6
3–905.1. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “ARROW KEY ” MEANS A KEY DESIGNED EXCLUSIVELY FOR 10
ALLOWING AN EMPLOYEE OF THE U.S. POSTAL SERVICE OR A COMMON CARRIER OR 11
DELIVERY SERVICE TO ACCESS A MAILBOX OR OTHER DEPOSITORY FOR STORING 12
MAIL. 13
(3) “MAIL” HAS THE MEANING STATED IN § 3–905 OF THIS SUBTITLE. 14
(B) (1) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 15
ARTICLE INVOLVING AT LEAST 1 BUT FEWER THAN 16 ITEMS OF MAIL. 16
(2) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 17
ARTICLE INVOLVING 16 OR MORE ITEMS OF MAIL. 18
(3) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 19
ARTICLE INVOLVING ONE OR MORE ITEMS OF MAIL USING AN ARROW KEY. 20
(C) A PERSON MAY NOT POSSESS AN ARROW KEY WITH THE INTENT TO USE 21
OR ALLOW T HE USE OF THE ARROW KEY IN THE COMMISSIO N OF A VIOLATION OF 22
THIS SECTION. 23
(D) (1) A PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS 24
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 25
NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 26
(2) A PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS 27
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 28
EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. 29
HOUSE BILL 159 7
(3) A PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS 1
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 2
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 3
(4) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 4
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 5
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $3,000 OR BOTH. 6
(E) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE SEPARATE FROM 7
AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY OTHER CRIME 8
BASED ON THE ACTS ESTABLISHING A VIOLATION OF THIS SECTION. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.