Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0336*
HOUSE BILL 336
E2 6lr0779
HB 21/25 – JUD
By: Delegates Addison, Acevero, Amprey, Boyce, Conaway, Hornberger, Lewis,
J. Long, Pasteur, Phillips, Roberson, Ruff, Stinnett, and Young Young,
Simmons, Taylor, Davis, Cardin, Moreno, Moon, and Woods
Introduced and read first time: January 19, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 11, 2026
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – District Court Commissioners and False Statements – 2
Issuance of Summonses and Arrest Warrants 3
FOR the purpose of prohibiting a District Court commissioner from issuing an arrest 4
warrant to an individual other than a police officer or a State’s Attorney; altering the 5
penalty for making a certain false statement or report to a certain governmental 6
official or unit; authorizing a District Court commissioner to issue a summons based 7
on an application for a statement of charges filed by a certain individual under 8
certain circumstances; prohibiting a District Court commi ssioner from issuing an 9
arrest warrant based on an application for a statement of charges filed by a certain 10
individual; requiring a District Court commissioner to refer a certain summons to 11
the State’s Attorney’s office for a certain purpose under certain circumstances; 12
requiring a State’s Attorney to review a certain case at a certain time for a certain 13
purpose; authorizing a judge of the District Court or a judge of the circuit court to 14
convert a summons to an arrest warrant on a certain finding; requiri ng the District 15
Court to provide victims of crime with access to certain information; requiring the 16
Maryland Judiciary to annually report certain information to the General Assembly; 17
and generally relating to District Court commissioners and false statemen ts 18
issuance of summonses and arrest warrants by the District Court. 19
BY repealing and reenacting, with amendments, 20
Article – Courts and Judicial Proceedings 21
Section 2–607(c) 22
2 HOUSE BILL 336
Annotated Code of Maryland 1
(2020 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Criminal Law 4
Section 9–503 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 2–607.1 and 2–607.2 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
2–607. 16
(c) (1) A commissioner shall receive applications and determine probable 17
cause for the issuance of charging documents. 18
(2) A commissioner shall advise arrested persons of their constitutional 19
rights, set bond or commit persons to jail in default of bond or release them on personal 20
recognizance if circumstances warrant, and conduct investigations and inquiries into the 21
circumstances of any matter presented to the commissioner in order to determine if 22
probable cause exists for the issuance of a charging document, warrant, or criminal 23
summons and, in general, perform all the functions of committing magistrates as exercised 24
by the justices of the peace prior to July 5, 1971. 25
(3) There shall be in each county, at all times, one or more commissioners 26
available for the convenience of the public and police in obtaining charging documents, 27
warrants, or criminal summonses and to advise arrested persons of their rights as required 28
by law. 29
(4) A commissioner may exercise the powers of office in any county to which 30
the commissioner is assigned by the Chief Judge of the District Court or a designee of the 31
Chief Judge of the District Court. 32
(5) The Chief Judge of the District Court may authorize one or more 33
commissioners to perform the duties of a commissioner regarding persons arrested in a 34
county other than the county in which the commissioner resides and for which the 35
commissioner was appointed when the arrested persons are brought before the 36
commissioner by a peace officer of the jurisdiction in which that arrest was made. 37
HOUSE BILL 336 3
(6) (i) An individual may file an application for a statement of charges 1
with a District Court commissioner. 2
(ii) On SUBJECT TO § 2–607.1 OF THIS SUBTITLE , ON review of 3
an application for a statement of charges, a District Court commissioner may issue a 4
summons or an arrest warrant. 5
(iii) A District Court commissioner may issue an arrest warrant only 6
on a finding that: 7
1. There is probable cause to believe that the defendant 8
committed the offense charged in the charging document; [and] 9
2. THE INDIVIDUAL FILING TH E APPLICATION FOR A 10
STATEMENT OF CHARGES IS A POLICE OFFICER AS DEFINED IN § 3–201 OF THE 11
PUBLIC SAFETY ARTICLE OR A STATE’S ATTORNEY; AND 12
[2.] 3. A. The defendant previously has failed to respond to a 13
summons that has been personally served or a citation; 14
B. The whereabouts of the defendant are unknown and the 15
issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court; 16
C. The defendant is in custody for another offense; or 17
D. There is probable cause to believe that the defendant poses 18
a danger to another person or to the community. 19
(iv) On a finding of good cause, a judge of the District Court or a judge 20
of a circuit court may recall an arrest warrant issued by a District Court co mmissioner 21
under this paragraph and issue a summons in its place. 22
2–607.1. 23
(A) ON REVIEW OF AN APPLI CATION FOR A STATEME NT OF CHARGES 24
SUBMITTED BY AN INDI VIDUAL WHO IS NOT A POLICE OFFICER OR A STATE’S 25
ATTORNEY, A DISTRICT COURT COMMISSIONER: 26
(1) MAY ISSUE A SUMMONS , IF THE COMMISSIONER DETERMINES 27
THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED 28
THE OFFENSE OR OFFENSES CHARGED IN THE CHARGING DOCUMENT; 29
(2) MAY NOT ISSUE AN ARREST WARRANT; AND 30
4 HOUSE BILL 336
(3) SHALL REFER AN APPLIC ATION FOR A STATEMENT OF CHA RGES 1
FOR WHICH A SUMMONS WAS ISSUED UNDER ITEM (1) OF THIS SUBSECTION TO THE 2
STATE’S ATTORNEY’S OFFICE FOR REVIEW AND A PROMPT DETERMI NATION OF 3
WHETHER A REQUEST FOR AN ARREST WARRANT SHALL BE MADE, IF THE DISTRICT 4
COURT COMMISSIONER FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT 5
THE DEFENDANT POSES A DANGER TO ANOTHER PERSON OR TO THE COMMUNITY. 6
(B) ON RECEIPT OF AN APPL ICATION FOR A STATEM ENT OF CHARGES 7
UNDER SUBSECTION (A)(3) OF THIS SECTION , THE STATE’S ATTORNEY SHALL 8
REVIEW THE CASE AS SOON AS PRACTICABLE BUT NOT LATER THAN 72 HOURS AFTER 9
RECEIPT TO DETERMINE WHETHER TO REQUEST T HAT A JUDGE OF THE DISTRICT 10
COURT OR A JUDGE OF THE CIRCUIT COURT ISSUE AN ARREST WARRANT. 11
(C) ON A FINDING OF GOOD CAUSE, A JUDGE OF THE DISTRICT COURT OR A 12
JUDGE OF THE CIRCUIT COURT MAY CONVERT A SUMMONS TO AN ARREST WARRANT. 13
(D) THE DISTRICT COURT SHALL INFORM A VICTIM OF CRIME WHET HER 14
CHARGES HAVE BEEN ISSUED IN RESPONSE TO AN APPLICATION FOR A STATEMENT 15
OF CHARGES FILED BY THE VICTIM. 16
2–607.2. 17
ON OR BEFORE MARCH 1, 2027, AND EACH MARCH 1 THEREAFTER, THE 18
MARYLAND JUDICIARY SHALL REPOR T TO THE GENERAL ASSEMBLY, IN 19
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 20
FOLLOWING DATA FOR T HE PRECEDING CALENDA R YEAR , DISAGGREGATED BY 21
COUNTY, AND BY THE RACE, SEX, AND AGE OF DEFENDANTS: 22
(1) THE NUMBER OF APPLICATIONS FOR A STATEMENT OF CHARGES 23
FILED, INCLUDING: 24
(I) WHETHER THE APPLICATION WAS FILED BY THE POLICE, A 25
STATE’S ATTORNEY, OR ANOTHER INDIVIDUAL; AND 26
(II) FOR EACH TYPE OF APPLICANT , WHETHER THE 27
APPLICATION WAS DENI ED, RESULTED IN THE ISSU ANCE OF A SUMMONS , OR 28
RESULTED IN THE ISSUANCE OF AN ARREST WARRANT; AND 29
(2) FOR EACH SUMMONS AND ARREST WARRANT ISSUED: 30
(I) WHETHER THE ARREST WARRANT WAS ISSUED BY A JUDGE 31
OR A COMMISSIONER; 32
HOUSE BILL 336 5
(II) WHETHER THERE WAS A R EQUEST TO RECALL THE 1
SUMMONS OR ARREST WARRANT AND, IF SO, THE RESULT OF THE REQUEST; AND 2
(3) THE FINAL DISPOSITION OF THE CASE. 3
Article – Criminal Law 4
9–503. 5
(a) A person may not make, or cause to be made, a statement or report that the 6
person knows to be false as a whole or in material part to an official or unit of the State or 7
of a county, municipal corporation, or other political subdivision of the State that a crime 8
has been committed or that a condition imminently dangerous to public safety or health 9
exists, with the intent that the official or unit investigate, consider, or take action in 10
connection with that statement or report. 11
(b) A person who violates this section is guilty of a misdemeanor and on conviction 12
is subject to imprisonment not exceeding [6 months] 3 YEARS or a fine not exceeding $500 13
or both. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.