Theft of Mail and Packages and Victim Notification

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0757*

HOUSE BILL 757
E1, E2 6lr3153
HB 64/25 – JUD
By: Delegate Conaway
Introduced and read first time: February 4, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Theft of Mail and Packages and Victim Notification 2

FOR the purpose of prohibiting the theft of mail or packages; requiring the prosecuting 3
attorney prosecuting a violation of this Act to notify the victim or the victim’s 4
representative about certain information related to the court proceedings; and 5
generally relating to theft of mail and packages. 6

BY adding to 7
Article – Criminal Law 8
Section 7–106.1 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Criminal Procedure 13
Section 11–104 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Criminal Law 19

7–106.1. 20

(A) IN THIS SECTION, “MAIL OR PACKAGE” MEANS AN ITEM DELIVERED OR 21
LEFT TO BE COLLECTED BY THE U.S. POSTAL SERVICE OR A DELIVERY SERVICE 22
COMPANY THAT DELIVERS TANGIBLE PERSONAL PROPERTY. 23

2 HOUSE BILL 757

(B) A PERSON MAY NOT KNOWINGLY OR WILLFUL LY AND WITHOUT 1
PERMISSION OF THE IN TENDED RECIPIENT OF THE MAIL OR PACKAGE OBTAIN OR 2
EXERT CONTROL OVER M AIL OR A PACKAGE DEL IVERED TO ANOTHER WI TH THE 3
INTENT TO DEPRIVE THE OWNER OF THE MAIL OR PACKAGE. 4

(C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND 5
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS. 6

Article – Criminal Procedure 7

11–104. 8

(a) (1) In this section the following words have the meanings indicated. 9

(2) “DNA” has the meaning stated in § 2–501 of the Public Safety Article. 10

(3) “Statewide DNA database system” has the meaning stated in § 2 –501 11
of the Public Safety Article. 12

(4) “Victim” means a person who suffers actual or threatened physical, 13
emotional, or financial harm as a direct result of a crime or delinquent act. 14

(5) “Victim’s representative” includes a family member or guardian of a 15
victim who is: 16

(i) a minor; 17

(ii) deceased; or 18

(iii) disabled. 19

(b) On first contact with a victim or victim’s representative, a law e nforcement 20
officer, District Court commissioner, or juvenile intake officer shall give the victim or the 21
victim’s representative the pamphlet described in § 11–914(9)(i) of this title. 22

(c) Unless to do so would impede or compromise an ongoing investigati on or the 23
victim’s representative is a suspect or a person of interest in the criminal investigation of 24
the crime involving the victim, on written request of a victim of a crime of violence as 25
defined in § 14 –101 of the Criminal Law Article or the victim’s representative, the 26
investigating law enforcement agency shall give the victim or the victim’s representative 27
timely notice as to: 28

(1) whether an evidentiary DNA profile was obtained from evidence in the 29
case; 30

HOUSE BILL 757 3

(2) when any evidentiary DNA profile de veloped in the case was entered 1
into the DNA database system; and 2

(3) when any confirmed match of the DNA profile, official DNA case report, 3
or DNA hit report is received. 4

(d) (1) Within 10 days after the filing or the unsealing of an indictment or 5
information in circuit court, whichever is later, the prosecuting attorney shall: 6

(i) mail or deliver to the victim or victim’s representative the 7
pamphlet described in § 11 –914(9)(ii) of this title and the notification request form 8
described in § 11–914(10) of this title; and 9

(ii) certify to the clerk of the court that the prosecuting attorney has 10
complied with this paragraph or is unable to identify the victim or victim’s representative. 11

(2) If the prosecuting attorney files a petition alleging that a child is 12
delinquent for committing an act that could only be tried in the circuit court if committed 13
by an adult, the prosecuting attorney shall: 14

(i) inform the victim or victim’s representative of the right to 15
request restitution under § 11–606 of this title; 16

(ii) mail or deliver to the victim or victim’s representative the 17
notification request form described in § 11–914(10) of this title; and 18

(iii) certify to the clerk of the juvenile court that the prosecuting 19
attorney has complied wit h this paragraph or is unable to identify the victim or victim’s 20
representative. 21

(3) For cases described under this subsection, the prosecuting attorney 22
may provide a State’s witness in the case with the guidelines for victims, victims’ 23
representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title. 24

(e) (1) A victim or victim’s representative may: 25

(i) file a completed notification request form with the prosecuting 26
attorney; or 27

(ii) follow the MDEC system protocol to request notice. 28

(2) (i) If the jurisdiction has not implemented the MDEC system, the 29
prosecuting attorney shall send a copy of the completed notification request form to the 30
clerk of the circuit court or juvenile court. 31

(ii) If the jurisdiction has imp lemented the MDEC system and the 32
victim or victim’s representative has filed a completed notification request form, the 33
4 HOUSE BILL 757

prosecuting attorney shall electronically file the form with the clerk of the circuit court or 1
juvenile court in the MDEC system. 2

(3) By filing a completed notification request form or completing the MDEC 3
system protocol, a victim or victim’s representative complies with Article 47 of the 4
Maryland Declaration of Rights and each provision of the Code that requires a victim or 5
victim’s representative to request notice. 6

(4) To keep the address and electronic mail address of a victim or victim’s 7
representative confidential, the victim or victim’s representative shall: 8

(i) designate in the notification request form a person who has 9
agreed to receive notice for the victim or victim’s representative; or 10

(ii) request as part of the MDEC system protocol, without filing a 11
motion to seal, that the address and electronic mail address remain confidential and 12
available, as necessary to only: 13

1. the court; 14

2. the prosecuting attorney; 15

3. the Department of Public Safety and Correctional 16
Services; 17

4. the Department of Juvenile Services; 18

5. the attorney of the victim or victim’s representative; 19

6. the State’s Victim Information and Notification Everyday 20
vendor; and 21

7. a commitment unit that a court orders to retain custody of 22
an individual. 23

(f) (1) Unless provided by the MDEC system, the prosecuting attorney shall 24
send a victim or victim’s representative prior notice of each court proceeding in the case, of 25
the terms of any plea agreement, and of the right of the victim or victim’s representative to 26
submit a victim impact statement to the court under § 11–402 of this title if: 27

(i) prior notice is practicable; and 28

(ii) the victim or victim’s representative has filed a notification 29
request form or followed the MDEC system protocol under subsection (e) of this section. 30

HOUSE BILL 757 5

(2) (i) If the case is in a jurisdiction in which the office of the clerk of 1
the circuit court or juvenile court has an automated filing system, the prosecuting attorney 2
may ask the clerk to send the notice required by paragraph (1) of this subsection. 3

(ii) If the case is in a jurisdiction that has implemented the MDEC 4
system, the vic tim may follow the MDEC system protocol to receive notice by electronic 5
mail, to notify the prosecuting attorney, and to request additional notice available through 6
the State’s Victim Information and Notification Everyday vendor. 7

(3) As soon after a proceeding as practicable, the prosecuting attorney shall 8
tell the victim or victim’s representative of the terms of any plea agreement, judicial action, 9
and proceeding that affects the interests of the victim or victim’s representative, including 10
a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, 11
stetting of charges, trial, disposition, and postsentencing court proceeding if: 12

(i) the victim or victim’s representative has filed a notification 13
request form or followed the MDEC system protocol under subsection (e) of this section and 14
prior notice to the victim or victim’s representative is not practicable; or 15

(ii) the victim or victim’s representative is not present at the 16
proceeding. 17

(4) Whether or not the victim or victim’s representative has filed a 18
notification request form or followed the MDEC system protocol under subsection (e) of this 19
section, the prosecuting attorney may give the victim or victim’s representative information 20
about the status of the case if the victim or victim’s representative asks for the information. 21

(5) WHETHER OR NOT THE VI CTIM OR VICTIM ’S REPRESENTATIVE 22
HAS FILED A NOTIFICA TION REQUEST FORM OR FOLLOWED THE MDEC SYSTEM 23
PROTOCOL UNDER SUBSE CTION (E) OF THIS SECTI ON, IF THE INDIVIDUAL IS A 24
VICTIM OF A CRIME UN DER § 7–106.1 OF THE CRIMINAL LAW ARTICLE, THE 25
PROSECUTING ATTORNEY SHALL NOTIFY THE VIC TIM OR THE VICTIM ’S 26
REPRESENTATIVE OF: 27

(I) EACH COURT PROCEEDING RELATED TO THE CASE; 28

(II) THE RIGHT OF THE VIC TIM TO SUBMIT A VICTIM IMPACT 29
STATEMENT; 30

(III) ANY POSTTRIAL COURT PROCEEDINGS; 31

(IV) ANY APPEAL RELATED TO THE CASE; AND 32

(V) ANY SENTENCE REVIEW RELATED TO THE CASE. 33

6 HOUSE BILL 757

(g) If a victim or victim’s representative has filed a notification request fo rm or 1
followed the MDEC system protocol under subsection (e) of this section, the clerk of the 2
circuit court or juvenile court: 3

(1) shall include a copy of the form with any commitment order or 4
probation order that is passed or electronically transmit t he form or the registration 5
information for the victim or the victim’s representative through the MDEC system; and 6

(2) if an appeal is filed, shall send a copy of the form or electronically 7
transmit the form or the registration information for the victi m or the victim’s 8
representative through the MDEC system to the Attorney General and the court to which 9
the case has been appealed. 10

(h) This section does not prohibit a victim or victim’s representative from filing a 11
notification request form with a unit to which a defendant or child respondent has been 12
committed. 13

(i) (1) After filing a notification request form under subsection (e) of this 14
section OR RECEIVING NOTIFICATION UNDER SUBSECTION (F)(5) OF THIS SECTION, 15
a victim or victim’s representative may discontinue further notices by filing a written 16
request with: 17

(i) the prosecuting attorney, if the case is still in a circuit court or 18
juvenile court; or 19

(ii) the unit to which the defendant or child respondent has been 20
committed, if a commitment order has been issued in the case. 21

(2) After following the MDEC system protocol for electronic notices, a 22
victim or victim’s representative may discontinue further notices by following the MDEC 23
system protocol to terminate notice. 24

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26