Criminal Procedure - Domestic Violence Offenders - Registration

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1363*

HOUSE BILL 1363
E2 6lr2958

By: Delegate Nkongolo
Introduced and read first time: February 13, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Procedure – Domestic Violence Offenders – Registration 2

FOR the purpose of requiring a certain person to register as a domestic violence offender 3
with a certain supervising authority; requiring certain information to be included in 4
a registration statement; establishing certain terms of registration; requiring the 5
Department of Public Safety and Correctional Services to make available to the 6
public and post to the Internet certain registration information; and generally 7
relating to the domestic violence offender registration. 8

BY repealing and reenacting, without amendments, 9
Article – Criminal Procedure 10
Section 6–233(a) 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13

BY adding to 14
Article – Criminal Procedure 15
Section 11 –7A–01 through 11 –7A–08 to be under the new subtitle “Subtitle 7A. 16
Domestic Violence Offender Registration” 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Criminal Procedure 22

6–233. 23

(a) In this section, “domestically related crime” means a crime committed by a 24
defendant against a victim who is a person eligible for relief, as defined in § 4 –501 of the 25
2 HOUSE BILL 1363

Family Law Article, or who had a sexual relationship with the defendant within 12 months 1
before the commission of the crime. 2

SUBTITLE 7A. DOMESTIC VIOLENCE OFFENDER REGISTRATION. 3

11–7A–01. 4

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6

(B) “DOMESTIC VIOLENCE OFFENDER” MEANS AN INDIVIDUAL CONVICTED 7
OF A DOMESTICALLY RE LATED CRIME REQUIRED TO REGISTER UNDER TH IS 8
SUBTITLE. 9

(C) “DOMESTICALLY RELATED CRIME” HAS THE MEANING STAT ED IN § 10
6–233 OF THIS ARTICLE. 11

(D) “IMPRISONMENT” MEANS INCARCERATION RESULTING FROM A 12
CONVICTION, REGARDLESS OF THE NA TURE OF THE INSTITUT ION IN WHICH THE 13
OFFENDER SERVES THE SENTENCE. 14

(E) “JURISDICTION” MEANS A STATE OR A NATIVE AMERICAN TRIBE THAT 15
ELECTS TO FUNCTION AS A REGISTRATION JURISDICTION UNDER FEDERAL LAW. 16

(F) “LOCAL LAW E NFORCEMENT UNIT ” MEANS THE LAW ENFORC EMENT 17
UNIT IN A COUNTY THA T HAS BEEN DESIGNATE D BY RESOLUTION OF T HE COUNTY 18
GOVERNING BODY AS THE PRIMARY LAW ENFORCEMENT UNIT IN THE COUNTY. 19

(G) “SUPERVISING AUTHORITY ” MEANS AN AGENCY OR P ERSON THAT IS 20
RESPONSIBLE FOR COLLECTING INFORMATION FOR THE INITIAL REGISTRATION OF 21
A DOMESTIC VIOLENCE OFFENDER, INCLUDING: 22

(1) THE SECRETARY, IF THE REGISTRANT IS IN THE CUSTODY OF A 23
CORRECTIONAL FACILITY OPERATED BY THE DEPARTMENT; 24

(2) THE ADMINISTRATOR OF A LOCAL CORRECTI ONAL FACILITY, IF 25
THE REGISTRANT, INCLUDING A PARTICIPANT IN A HOME DETENTION PROGRAM, IS 26
IN THE CUSTODY OF THE LOCAL CORRECTIONAL FACILITY; 27

(3) THE COURT THAT GRANT ED THE PROBATION OR SUSPENDED 28
SENTENCE, EXCEPT AS PROVIDED I N ITEM (9) OF THIS SUBSECTIO N, IF THE 29
REGISTRANT IS GRANTE D PROBATION BEFORE J UDGMENT, PROBATION AFTER 30
JUDGMENT, OR A SUSPENDED SENTENCE; 31

HOUSE BILL 1363 3

(4) THE DIRECTOR OF THE PATUXENT INSTITUTION, IF THE 1
REGISTRANT IS IN THE CUSTODY OF THE PATUXENT INSTITUTION; 2

(5) THE SECRETARY OF HEALTH, IF THE REGISTRANT IS IN THE 3
CUSTODY OF A FACILITY OPERATED BY THE MARYLAND DEPARTMENT OF HEALTH; 4

(6) THE COURT IN WHICH T HE REGISTRANT WAS CONVICTED, IF THE 5
REGISTRANT’S SENTENCE DOES NOT INCLUDE A TERM OF IMPRISONMENT OR IF THE 6
SENTENCE IS MODIFIED TO TIME SERVED; 7

(7) THE SECRETARY, IF THE REGISTRANT IS IN THE STATE UNDER 8
TERMS AND CONDITIONS OF THE INTERSTATE COMPACT FOR ADULT OFFENDER 9
SUPERVISION, SET FORTH IN TITLE 6, SUBTITLE 2 OF THE CORRECTIONAL 10
SERVICES ARTICLE, OR THE INTERSTATE CORRECTIONS COMPACT, SET FORTH IN 11
TITLE 8, SUBTITLE 6 OF THE CORRECTIONAL SERVICES ARTICLE; 12

(8) THE LOCAL LAW ENFORC EMENT UNIT WHERE THE DOMESTIC 13
VIOLENCE OFFENDER IS A RESIDE NT, IS A TRANSIENT , OR HABITUALLY LIVES ON 14
MOVING FROM ANOTHER JURISDICTION OR FORE IGN COUN TRY THAT REQUIRES 15
REGISTRATION IF THE DOMESTIC VIOLENCE OFFENDER IS NOT UNDE R THE 16
SUPERVISION, CUSTODY, OR CONTROL OF ANOTHER SUPERVISING AUTHORITY; OR 17

(9) THE DIRECTOR OF PAROLE AND PROBATION, IF THE REGISTRANT 18
IS UNDER THE SUPERVISION OF THE DIVISION OF PAROLE AND PROBATION. 19

11–7A–02. 20

FOR THE PURPOSES OF T HIS SUBTITLE, A PERSON IS CONVICTED WHEN THE 21
PERSON: 22

(1) IS FOUND GUILTY OF A CRIME BY A JURY OR JUDICIAL OFFICER; 23

(2) ENTERS A PLEA OF GUILTY OR NOLO CONTENDERE; OR 24

(3) IS GRANTED A PROBATION BEFORE JUDGMENT AFTER A FINDING 25
OF GUILT FOR A CRIME IF THE COURT , AS A CONDITION OF PR OBATION, ORDERS 26
COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBTITLE. 27

11–7A–03. 28

(A) (1) A PERSON SHALL REGISTE R WITH THE PERSON ’S SUPERVISING 29
AUTHORITY IF THE PERSON IS CONVICTED OF AT LEAST TWO DOMESTI CALLY 30
RELATED CRIMES. 31
4 HOUSE BILL 1363

(2) A DOMESTIC VIOLENCE OF FENDER SHALL REGISTER WITH THE 1
APPROPRIATE SUPERVISING AUTHORITY IN THE STATE WITHIN 7 DAYS AFTER A 2
SECOND CONVICTION FOR A DOMESTICALLY RELATED CRIME. 3

(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PERSON IS NO 4
LONGER SUBJECT TO REGISTRATION UNDER THIS SUBTITLE IF: 5

(1) THE UNDERLYING CONVI CTION REQUIRING REGI STRATION IS 6
REVERSED, VACATED, OR SET ASIDE; OR 7

(2) THE REGISTRANT IS PA RDONED FOR THE UNDER LYING 8
CONVICTION. 9

11–7A–04. 10

A REGISTRATION STATEMENT SHALL INCLUDE: 11

(1) THE REGISTRANT’S FULL NAME, INCLUDING ANY SUFFIX; 12

(2) A DESCRIPTION OF THE CRIME FOR WHICH THE REGISTRANT WAS 13
CONVICTED; 14

(3) THE DATE THAT THE REGISTRANT WAS CONVICTED; 15

(4) THE JURISDICTION AND THE NAME OF THE COURT IN WHICH THE 16
REGISTRANT WAS CONVICTED; 17

(5) ALL IDENTIFYING FACT ORS, INCLUDING A PHYSICAL 18
DESCRIPTION OF THE REGISTRANT; 19

(6) A COPY OF THE REGIST RANT’S VALID DRIVER ’S LICENSE OR 20
IDENTIFICATION CARD; AND 21

(7) THE REGISTRANT’S SIGNATURE AND DATE SIGNED. 22

11–7A–05. 23

THE TERM OF REGISTRATION IS: 24

(1) IF THE REGISTRANT HAS ONE P RIOR CONVICTION FOR A 25
DOMESTICALLY RELATED CRIME, 2 YEARS; 26

HOUSE BILL 1363 5

(2) IF THE REGISTRANT HAS AT LEAST TWO PRIOR CONVICTIONS FOR 1
A DOMESTICALLY RELATED CRIME, 5 YEARS; OR 2

(3) IF THE REGISTRANT HAS AT LE AST THREE PRIOR CONV ICTIONS 3
FOR A DOMESTICALLY RELATED CRIME, 10 YEARS. 4

11–7A–06. 5

(A) (1) THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUB LIC 6
REGISTRATION STATEME NTS OR INFORMATION ABOUT REGISTRATION 7
STATEMENTS. 8

(2) INFORMATION ABOUT REG ISTRATION STATEMENTS SHALL 9
INCLUDE, IN PLAIN LANGUAGE TH AT CAN BE UNDERSTOOD WITHOUT SPECIAL 10
KNOWLEDGE OF THE CRI MINAL LAWS OF THE STATE, A FACTUAL DESCRIPTION OF 11
THE CRIME OF THE OFF ENDER THAT IS THE BASIS FOR THE RE GISTRATION, 12
EXCLUDING DETAILS THAT WOULD IDENTIFY THE VICTIM. 13

(3) REGISTRATION INFORMAT ION PROVIDED TO THE PUBLIC MAY 14
NOT INCLUDE A DOMESTIC VIOLENCE OFFENDER’S SOCIAL SECURITY NUMBER , 15
DRIVER’S LICENSE NUMBER, OR ARRESTS NOT RESULTING IN CONVICTION. 16

(4) A REGISTRATION STATEMENT PROVIDED UNDER TH IS SUBTITLE 17
SHALL INCLUDE A COPY OF THE COMPLETED REGISTRATION FORM AND A COPY OF 18
THE REGISTRANT’S DIGITAL IMAGE. 19

(B) THE DEPARTMENT SHALL POST ON THE INTERNET: 20

(1) A CURRENT LISTING OF EACH REGISTRANT , INCLUDING EACH 21
REGISTRANT’S: 22

(I) NAME; 23

(II) DATE OF BIRTH; 24

(III) DATE OF CONVICTION; 25

(IV) JURISDICTION OF THE CONVICTION; AND 26

(V) DIGITAL IMAGE; AND 27

(2) IN PLAIN LANGUAGE THA T CAN BE UNDERSTOOD WITHOUT 28
SPECIAL KNOWLEDGE OF THE CRI MINAL LAWS OF THE STATE, A FACTUAL 29
6 HOUSE BILL 1363

DESCRIPTION OF THE C RIME OF THE OFFENDER THAT IS THE BASIS FO R THE 1
REGISTRATION, EXCLUDING DETAILS THAT WOULD IDENTIFY THE VICTIM. 2

11–7A–07. 3

(A) A REGISTRANT MAY NOT K NOWINGLY FAIL TO REG ISTER, KNOWINGLY 4
FAIL TO PROVIDE ANY INFORMATION TO BE IN CLUDED IN A REGISTRA TION 5
STATEMENT DESCRIBED IN § 11–7A–04 OF THIS SUBTITLE, OR KNOWINGLY PROVIDE 6
FALSE INFORMATION OF A MATERIAL FACT AS REQUIRED BY THIS SUBTITLE. 7

(B) A PERSON WHO VIOLATES THIS SECTION: 8

(1) FOR A FIRST OFFENSE , IS SUBJECT TO A CIVIL FINE NOT 9
EXCEEDING $250; 10

(2) FOR A SECOND OFFENSE , IS SUBJECT TO A CIVIL FINE NOT 11
EXCEEDING $500; AND 12

(3) FOR A THIRD OR SUBSE QUENT OFFENSE , IS GUILTY OF A 13
MISDEMEANOR AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A 14
FINE NOT EXCEEDING $1,000 OR BOTH. 15

11–7A–08. 16

(A) WITH ADVICE FROM THE CRIMINAL JUSTICE INFORMATION ADVISORY 17
BOARD ESTABLISHED UND ER § 10–207 OF THIS ARTICLE , THE SECRETARY SHALL 18
ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE. 19

(B) THE SECRETARY MAY ESTABLISH A REASONABLE REGISTR ATION FEE 20
TO RECOVER THE COSTS OF MANAGING THE REGISTRY AND ELECTRONICALLY 21
POSTING REGISTRY INFORMATION. 22

(C) TO THE EXTENT PRACTIC ABLE, THE DEPARTMENT SHALL USE THE 23
EXISTING RESOURCES IN THE SEX OFFENDER REGISTRY UNDER SUBTITLE 7 OF 24
THIS TITLE TO IMPLEMENT THE PROVISIONS OF THIS SUBTITLE. 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27