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SENATE BILL 1
E4 (6lr0842)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senators Augustine, Love, Beidle, Brooks, Feldman, Ferguson,
Guzzone, Hettleman, Kagan, King, Kramer, Lam, Lewis Young, Muse,
Rosapepe, Smith, Sydnor, and Zucker
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Public Safety – Law Enforcement Officers – Prohibition on Face Coverings and 2
Identification 3
FOR the purpose of requiring the Maryland Police Training and Standards Commission to 4
develop a certain model uniform policy prohibiting the use of a face covering by a law 5
enforcement officer in the course of duty; requiring the Commission to develop a 6
certain uniform policy requiring the use of worn identification by a law enforcement 7
officer in the course of duty; requiring a law enforcement agency to adopt a policy 8
consistent with the model policy developed by the Commission; prohibiting a certain 9
law enforcement officer from wearing a certain face covering while in the 10
performance of duty in the State, with a certain exception; requiring a certain law 11
enforcement officer to wear identification while in the performance of duty in the 12
2 SENATE BILL 1
State, with a certain exception; establishing certain procedural requirements 1
applicable to violations of this Act; and generally relating to law enforcement officers. 2
BY repealing and reenacting, without amendments, 3
Article – Public Safety 4
Section 3–201(a) and (b) 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – Public Safety 9
Section 3–207(p) and (q), 3–535, and 3–536 10
Annotated Code of Maryland 11
(2022 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 – Public Safety 15
3–201. 16
(a) In this subtitle the following words have the meanings indicated. 17
(b) “Commission” means the Maryland Police Training and Standards 18
Commission. 19
3–207. 20
(P) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 21
MEANINGS INDICATED. 22
(II) “FACE COVERING” HAS THE MEANING STATED IN § 3–535 OF 23
THIS TITLE. 24
(III) “LAW ENFORCEMENT AGENCY” HAS THE MEANING STATED 25
IN § 3–535 OF THIS TITLE. 26
(IV) “LAW ENFORCEMENT OFFICER” HAS THE MEANING STATED 27
IN § 3–535 OF THIS TITLE. 28
(2) (I) THE COMMISSION SHALL DE VELOP A MODEL UNIFORM 29
POLICY, TO BE USED BY EACH LAW ENFORCEMENT AGENCY, PROHIBITING THE USE 30
OF A FACE COVERING B Y A LAW ENFORCEMENT OFFICER IN THE COURS E OF DUTY 31
CONSISTENT WITH § 3–535 OF THIS TITLE. 32
SENATE BILL 1 3
(II) THE MODEL UNIFORM POLICY DEVELOPED UND ER THIS 1
SUBSECTION SHALL INCLUDE LANGUAGE AFFIRMING: 2
1. THE LAW ENFORCEMENT AGENCY’S COMMITMENT TO 3
TRANSPARENCY, ACCOUNTABILITY, AND PUBLIC TRUST; 4
2. THAT THE AUTHORIZED USE OF FACE COVERING S 5
SHALL BE LIMITED TO SPECIFIC AND CLEARLY DEFINED CIRCUMSTANCES; AND 6
3. THAT GENERALIZED AND UNDIFFERENTIATED FEAR 7
AND APPREHENSION ABO UT LAW ENFORCEMENT O FFICER SAFETY IS NOT 8
SUFFICIENT TO JUSTIFY THE USE OF FACE COVERINGS. 9
(III) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 10
UNIFORM POLICY MAY ALLOW FOR USES OF FACE COVERIN GS UNDER 11
CIRCUMSTANCES ABSOLUTELY NECESSARY TO PROTECT THE HEALTH OR SAFETY OF 12
LAW ENFORCEMENT OFFI CERS WHILE PERFORMIN G PUBLIC SAFETY FUNC TIONS, 13
INCLUDING THE USE OF FACE COVERINGS DURING INCLEMENT WEATHER. 14
(3) A LAW ENFORCEMENT AGEN CY WITH LAW ENFORCEM ENT 15
OFFICERS OPERATING IN THE STATE SHALL ADOPT A POLICY CONSISTENT WITH THE 16
MODEL POLICY DEVELOPED BY THE COMMISSION UNDER PARAGRAPH (2) OF THIS 17
SUBSECTION. 18
(3) A COUNTY, A MUNICIPALITY, OR A LAW ENFORCEMENT AGENCY 19
OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE MAY NOT ADOPT A 20
POLICY, OTHER THAN THE UNIFO RM POLICY DEVELOPED BY THE COMMISSION, 21
REGARDING THE USE OF FACE COVERINGS BY LAW ENFORCEMENT OFFICERS. 22
(Q) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 23
MEANINGS INDICATED. 24
(II) “IDENTIFICATION” HAS THE MEANING STATED IN § 3–536 OF 25
THIS TITLE. 26
(III) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED 27
IN § 3–535 OF THIS TITLE. 28
(IV) “LAW ENFORCEMENT OFFICER” HAS THE MEANING STATED 29
IN § 3–535 OF THIS TITLE. 30
(2) (I) THE COMMISSION SHALL DEVELOP A UNIFORM POLICY , TO 31
BE USED BY EACH LAW ENFORCEMENT AGENCY , REQUIRING THE USE OF 32
4 SENATE BILL 1
IDENTIFICATION BY A LAW ENFORCEMENT OFFI CER IN THE COURSE OF DUTY 1
CONSISTENT WITH § 3–536 OF THIS TITLE. 2
(II) THE UNIFORM POLICY DE VELOPED UNDER THIS 3
SUBSECTION SHALL INCLUDE LANGUAGE AFFIRMING THE STATE’S INTEREST IN: 4
1. PROMOTING PUBLIC SAFETY; 5
2. PREVENTING LAW ENFOR CEMENT IMPERSONATION ; 6
AND 7
3. PROMOTING TRANSPARENCY AND ACCOUNTABILITY. 8
(III) THE UNIFORM POLICY DE VELOPED UNDER THIS 9
SUBSECTION SHALL ADDRESS: 10
1. THE SIZE , PLACEMENT, CONTRAST, AND LEGIBILITY 11
OF IDENTIFICATION , INCLUDING REQUIREMEN TS TO ENSURE VISIBIL ITY OF THE 12
IDENTIFICATION FROM A REASONABLE DISTANCE; 13
2. THE WAY IDENTIFICATION MUST BE DISPLAYED ON 14
DIFFERENT TYPES OF U NIFORMS, OUTERWEAR, AND PROTECTIVE CLOTH ING, 15
INCLUDING JACKETS, VESTS, AND RAIN GEAR; 16
3. NARROWLY TAILORED CI RCUMSTANCES IN WHICH 17
IDENTIFICATION MAY BE TEMPORARILY OBSCURED DUE TO AN IMMEDIA TE THREAT 18
TO LAW ENFORCEMENT O FFICER SAFETY OR PUB LIC SAFETY AND ANY 19
DOCUMENTATION OR AFTER–ACTION REPORTING REQUIRED FOR DEVIATIONS; AND 20
4. TRAINING REQUIREMENT S FOR NEW AND CURREN T 21
LAW ENFORCEMENT OFFI CERS ON THE IDENTIFI CATION REQUIREMENTS 22
ESTABLISHED UNDER § 3–536 OF THIS TITLE. 23
(3) A COUNTY, A MUNICIPALITY, OR A LAW ENFORCEMENT AGENCY OF 24
THE STATE OR A POLITICAL SUBDIVISION OF THE STATE MAY NOT ADOPT A POLICY, 25
OTHER THAN THE UNIFO RM POLICY DEVELOPED BY THE COMMISSION, REQUIRING 26
THE USE OF IDENTIFICATION BY LAW ENFORCEMENT OFFICERS. 27
3–535. 28
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30
SENATE BILL 1 5
(2) (I) “FACE COVERING ” MEANS ANY OPAQUE MAS K, GARMENT, 1
HELMET, HEADGEAR, OR OTHER ITEM THAT CONCEALS OR OBSCURES THE FACE OF 2
AN INDIVIDUAL. 3
(II) “FACE COVERING ” INCLUDES A BALACLAVA , SKI MASK , 4
NECK GAITER, OR TACTICAL MASK. 5
(III) “FACE COVERING” DOES NOT INCLUDE: 6
1. A TRANSLUCENT FACE SHIELD OR CLEAR MASK THAT 7
DOES NOT CONCEAL THE WEARER’S FACE; 8
2. A MEDICAL –GRADE OR SU RGICAL MASK WORN TO 9
PROTECT AGAINST THE TRANSMISSION OF DISEASE OR INFECTION; 10
3. A MASK OR AN APPARAT US, SUCH AS A 11
SELF–CONTAINED BREATHING APPARATUS, NECESSARY TO PROTECT AGAINST 12
EXPOSURE TO ANY TOXI NS, GAS, SMOKE, OR OTHER HAZARDOUS O R HARMFUL 13
ENVIRONMENTAL CONDITION; 14
4. A MASK , HELMET, SELF–CONTAINED BREATHING 15
APPARATUS, OR OTHER DEVICE NECESSARY FOR UNDERWATER USE; 16
5. A MOTORCYCLE HELMET WHEN WORN BY AN 17
INDIVIDUAL UTILIZING A MOTORCYCLE OR OTHE R VEHICLE THAT REQUI RES A 18
HELMET FOR SAFE OPERATIONS; 19
6. EYEWEAR NECESSARY TO PROTECT AN INDIVIDUA L 20
FROM THE USE OF RETINAL WEAPONS AND LASERS; 21
7. A GARMENT WORN FOR RELIGIOUS PURPOSES; 22
8. PROTECTIVE GEAR WORN DURING TACTICAL 23
OPERATIONS FOR PURPOSES OF PHYSICAL SAFETY; OR 24
9. ANY OTHER ITEM WORN TO FOLLOW APPLICABLE 25
LAWS ON OCCUPATIONAL HEALTH AND SAFETY OR REASONABLE WORKPLACE 26
ACCOMMODATIONS. 27
(3) “LAW ENFORCEMENT AGENCY” INCLUDES A LAW ENFOR CEMENT 28
AGENCY OF: 29
(I) THE STATE; 30
6 SENATE BILL 1
(II) ANOTHER STATE; 1
(III) A POLITICAL SUBDIVIS ION OF THE STATE OR ANOTHER 2
STATE; OR 3
(IV) THE FEDERAL GOVERNMENT. 4
(4) “LAW ENFORCEMENT OFFIC ER” MEANS A SWORN MEMBER OF A 5
LAW ENFORCEMENT AGENCY. 6
(B) THIS SECTION DOES NOT APPLY TO A LAW ENFOR CEMENT OFFICER 7
ACTIVELY ENGAGED IN AN UNDERCOVER OPERATION. 8
(C) A LAW ENFORCEMENT OFFI CER MAY NOT WEAR A F ACE COVERING 9
WHILE IN THE PERFORMANCE OF DUTY IN THE STATE, EXCEPT AS AUTHORIZED IN A 10
POLICY ADOPTED UNDER § 3–207(P)(3) OF THIS TITLE THE UNIFORM POLICY 11
ADOPTED BY THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 12
UNDER § 3–207 OF THIS TITLE. 13
(D) (1) A LAW ENFORCEMENT OFFICER WHO VIOLATES THIS SECTION: 14
(I) IS GUILTY OF A MISDEMEANOR CIVIL OFFENSE AND ON 15
CONVICTION IS SUBJEC T TO IMPRISONMENT NOT EXC EEDING 2 YEARS OR A FINE 16
NOT EXCEEDING $2,000 OR BOTH; AND 17
(II) WAIVES ALL IMMUNITY IN A CIVIL ACTION BA SED ON THE 18
VIOLATION $1,500. 19
(2) A VIOLATION OF THIS SE CTION CONSTITUTES PO LICE 20
MISCONDUCT FOR PURPOSES OF SUBTITLE 1 OF THIS TITLE. 21
(E) (1) A POLICE OFFICER MAY I SSUE A CITATION TO A LAW 22
ENFORCEMENT OFFICER WHO THE POLICE OFFIC ER HAS PROBABLE CAUS E TO 23
BELIEVE IS COMMITTING OR HAS COMMITTED A VIOLATION OF THIS SECTION. 24
(2) ADJUDICATION UNDER THIS SECTION: 25
(I) IS NOT A CRIMINAL CONVICTION FOR ANY PURPOSE; AND 26
(II) DOES NOT IMPOSE ANY OF THE CIVIL DIS ABILITIES THAT 27
MAY RESULT FROM A CRIMINAL CONVICTION. 28
SENATE BILL 1 7
(3) A CITATION ISSUED UNDE R THIS SECTION SHALL BE SIGNED BY 1
THE POLICE OFFICER WHO ISSUED THE CITATION AND SHALL CONTAIN: 2
(I) THE NAME AND ADDRESS OF THE LAW ENFORCEME NT 3
OFFICER CHARGED; 4
(II) THE STATUTE ALLEGEDLY VIOLATED; 5
(III) THE DATE , LOCATION, AND TIME THAT THE VI OLATION 6
OCCURRED; 7
(IV) THE FINE THAT MAY BE IMPOSED; 8
(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 9
ALLOWED; AND 10
(VI) A NOTICE THAT STATES THAT THE DISTRICT COURT SHALL 11
PROMPTLY SEND THE LA W ENFORCEMENT OFFICE R A SUMMONS TO APPEA R FOR 12
TRIAL. 13
(4) (I) THE FORM OF THE CITAT ION SHALL BE UNIFORM 14
THROUGHOUT THE STATE AND SHALL BE PRESCRIBED BY THE DISTRICT COURT. 15
(II) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL 16
ESTABLISH A SCHEDULE FOR THE PREPAYMENT OF A FINE FOR A VIOLATION OF THIS 17
SECTION. 18
(5) (I) THE LAW ENFORCEMENT AGENCY OF THE POLICE OFFICER 19
WHO ISSUED THE CITAT ION SHALL FORWARD TO THE DISTRICT COURT HAVING 20
VENUE A COPY OF THE CITATION AND A REQUEST FOR TRIAL. 21
(II) THE DISTRICT COURT SHALL PROMPTLY SCHEDULE THE 22
CASE FOR TRIAL AND SUMMON THE DEFENDANT TO APPEAR. 23
(6) IN ANY PROCEEDING FOR A CIVIL OFFENSE UNDER THIS SECTION: 24
(I) THE STATE HAS THE BURDEN TO PROVE THE GUILT OF THE 25
DEFENDANT BY A PREPONDERANCE OF THE EVIDENCE; 26
(II) THE COURT SHALL APPLY THE EVIDENTIARY STANDARDS AS 27
PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF CRIMINAL CAUSES; 28
8 SENATE BILL 1
(III) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS 1
RECEIVED A COPY O F THE CHARGES AGAINS T THE DEFENDANT AND THAT THE 2
DEFENDANT UNDERSTANDS THOSE CHARGES; 3
(IV) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 4
WITNESSES WHO APPEAR AGAINST THE DEFENDAN T, TO PRODUCE EVIDENCE OR 5
WITNESSES ON BEHALF OF THE DEFENDANT, OR TO TESTIFY ON THE DEFENDANT’S 6
OWN BEHALF, IF THE DEFENDANT CHOOSES TO DO SO; 7
(V) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY 8
COUNSEL OF THE DEFENDANT’S CHOICE AND AT THE EXPENSE OF THE DEFENDANT; 9
AND 10
(VI) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NO T 11
GUILTY, AND THE VERDICT OF THE COURT IN THE CASE SHALL BE: 12
1. GUILTY OF A CIVIL OFFENSE; OR 13
2. NOT GUILTY OF A CIVIL OFFENSE. 14
(7) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A CIVIL 15
OFFENSE UNDER THIS SECTION AND A FINE HAS BEEN IMPOSED BY THE COURT, THE 16
COURT MAY DIRECT THAT THE PAYMENT OF THE FINE BE SUSPENDED OR DEFERRED 17
UNDER CONDITIONS THAT THE COURT MAY ESTABLISH. 18
(8) THE DEFENDANT MAY BE LIABLE FOR THE COSTS OF THE 19
PROCEEDINGS IN THE DISTRICT COURT AND FOR PAYMENT TO THE CRIMINAL 20
INJURIES COMPENSATION FUND. 21
(9) (I) A DEFENDANT WHO HAS BE EN FOUND GUILTY OF A CIVIL 22
OFFENSE UNDER THIS S ECTION HAS THE SAME RIGHT TO APPEAL OR T O FILE A 23
MOTION FOR A NEW TRIAL OR A MOTION FOR A REVISION OF A JUDGMENT PROVIDED 24
BY LAW IN THE TRIAL OF A CRIMINAL CASE. 25
(II) A MOTION SHALL BE MADE IN THE SAME MANNER A S 26
PROVIDED IN THE TRIAL OF CRIMINAL CASES, AND THE COURT, IN RULING ON THE 27
MOTION, HAS THE SAME AUTHORITY PROVIDED IN THE TRIAL OF CRIMINAL CASES. 28
(10) THE STATE’S ATTORNEY FOR A COUNTY MAY PROSECUTE A CIVIL 29
OFFENSE UNDER THIS S ECTION IN THE SAME M ANNER AS PROSECUTION OF A 30
VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 31
(11) IN A CIVIL OFFENSE CA SE UNDER THIS SECTIO N, THE STATE’S 32
ATTORNEY MAY: 33
SENATE BILL 1 9
(I) ENTER A NOLLE PROSEQUI IN OR PLACE TH E CASE ON THE 1
STET DOCKET; AND 2
(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 3
PRESCRIBED BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 4
3–536. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “IDENTIFICATION” MEANS A LAW ENFORCEM ENT OFFICER ’S 8
AGENCY OR DEPARTMENT , LAST NAME , AND BADGE NUMBER OR OTHER 9
IDENTIFICATION NUMBER. 10
(3) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 11
3–535 OF THIS SUBTITLE. 12
(4) “LAW ENFORCEMENT OFFIC ER” HAS THE MEANING STAT ED IN § 13
3–535 OF THIS SUBTITLE. 14
(B) THIS SECTION DOES NOT APPLY TO A LAW ENFOR CEMENT OFFICER 15
WORKING IN A PLAINCLOTHES, NONUNIFORMED, OR UNDERCOVER CAPACITY. 16
(C) (1) A LAW ENFORCEMENT OFFICER SHALL WEAR IDENTIFICATION ON 17
THE LAW ENFORCEMENT OFFICER’S OUTERMOST LAYER OF CLOTHING WHILE IN THE 18
PERFORMANCE OF DUTY IN THE STATE. 19
(2) ON REQUEST OF ANOTHER, A LAW ENFORCEMENT OFFICER SHALL 20
VERBALLY DISCLOSE IDENTIFICATION WHILE IN THE PERFORMANCE OF DUTY IN THE 21
STATE. 22
(D) (1) A LAW ENFORCEMENT OFFI CER WHO VIOLATES THI S SECTION IS 23
GUILTY OF A CIVIL OF FENSE AND ON CONVICT ION IS SUBJECT TO A FINE NOT 24
EXCEEDING $1,500. 25
(2) A VIOLATION OF THIS SE CTION CONSTITUTES PO LICE 26
MISCONDUCT FOR PURPOSES OF SUBTITLE 1 OF THIS TITLE. 27
(E) (1) A POLICE OFFICER MAY I SSUE A CITATION TO A LAW 28
ENFORCEMENT OFFICER WHO THE POLICE OFFIC ER HAS PROBABLE CAUS E TO 29
BELIEVE IS COMMITTING OR HAS COMMITTED A VIOLATION OF THIS SECTION. 30
10 SENATE BILL 1
(2) ADJUDICATION UNDER THIS SECTION: 1
(I) IS NOT A CRIMINAL CONVICTION FOR ANY PURPOSE; AND 2
(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 3
MAY RESULT FROM A CRIMINAL CONVICTION. 4
(3) A CITATION ISSUED UNDE R THIS SECTION SHALL BE SIGNED BY 5
THE POLICE OFFICER WHO ISSUED THE CITATION AND SHALL CONTAIN: 6
(I) THE NAME AND ADDRESS OF THE LAW ENFORCEME NT 7
OFFICER CHARGED; 8
(II) THE STATUTE ALLEGEDLY VIOLATED; 9
(III) THE DATE , LOCATION, AND TIME THAT THE VI OLATION 10
OCCURRED; 11
(IV) THE FINE THAT MAY BE IMPOSED; 12
(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 13
ALLOWED; AND 14
(VI) A NOTICE THAT STATES THAT THE DISTRICT COURT SHALL 15
PROMPTLY SEND THE LA W ENFORCEMENT OFFICE R A SUMMONS TO APPEA R FOR 16
TRIAL. 17
(4) (I) THE FORM OF THE CITAT ION SHALL BE UNIFORM 18
THROUGHOUT THE STATE AND SHALL BE PRESCRIBED BY THE DISTRICT COURT. 19
(II) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL 20
ESTABLISH A SCHEDULE FOR THE PREPAYMENT OF A FINE FOR A VIOLATION OF THIS 21
SECTION. 22
(5) (I) THE LAW ENFORCEMENT A GENCY OF THE POLICE OFFICER 23
WHO ISSUED THE CITAT ION SHALL FORWARD TO THE DISTRICT COURT HAVING 24
VENUE A COPY OF THE CITATION AND A REQUEST FOR TRIAL. 25
(II) THE DISTRICT COURT SHALL PROMPTLY SCHEDULE THE 26
CASE FOR TRIAL AND SUMMON THE DEFENDANT TO APPEAR. 27
(6) IN ANY PROCEEDING FOR A CIVIL OFFENSE UNDER THIS SECTION: 28
SENATE BILL 1 11
(I) THE STATE HAS THE BURDEN TO PROVE THE GUILT OF THE 1
DEFENDANT BY A PREPONDERANCE OF THE EVIDENCE; 2
(II) THE COURT SHALL APPLY THE EVIDENTIARY STANDARDS AS 3
PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF CRIMINAL CASES; 4
(III) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS 5
RECEIVED A COPY OF T HE CHARGES AGAINST T HE DEFENDANT AND THA T THE 6
DEFENDANT UNDERSTANDS THOSE CHARGES; 7
(IV) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 8
WITNESSES WHO APPEAR AGAINST THE DEFENDANT , TO PRODUCE EVIDENCE OR 9
WITNESSES ON BEHALF OF THE DEFENDANT, OR TO TESTIFY ON THE DEFENDANT’S 10
OWN BEHALF, IF THE DEFENDANT CHOOSES TO DO SO; 11
(V) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY 12
COUNSEL OF THE DEFENDANT’S CHOICE AND AT THE EXPENSE OF THE DEFENDANT; 13
AND 14
(VI) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT 15
GUILTY, AND THE VERDICT OF THE COURT IN THE CASE SHALL BE: 16
1. GUILTY OF A CIVIL OFFENSE; OR 17
2. NOT GUILTY OF A CIVIL OFFENSE. 18
(7) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A CI VIL 19
OFFENSE UNDER THIS SECTION AND A FINE HAS BEEN IMPOSED BY THE COURT, THE 20
COURT MAY DIRECT THAT THE PAYMENT OF THE FINE BE SUSPENDED OR DEFERRED 21
UNDER CONDITIONS THAT THE COURT MAY ESTABLISH. 22
(8) THE DEFENDANT MAY BE LIABLE FOR T HE COSTS OF THE 23
PROCEEDINGS IN THE DISTRICT COURT AND FOR PAYMENT TO THE CRIMINAL 24
INJURIES COMPENSATION FUND. 25
(9) (I) A DEFENDANT WHO HAS BE EN FOUND GUILTY OF A CIVIL 26
OFFENSE UNDER THIS S ECTION HAS THE SAME RIGHT TO APPEAL OR T O FILE A 27
MOTION FOR A NEW TRIAL OR A MOTION FOR A REVISION OF A JUDGMENT PROVIDED 28
BY LAW IN THE TRIAL OF A CRIMINAL CASE. 29
(II) A MOTION SHALL BE MADE IN THE SAME MANNER A S 30
PROVIDED IN THE TRIA L OF CRIMINAL CASES , AND THE COURT, IN RULING ON THE 31
MOTION, HAS THE SAME AUTHORITY PROVIDED IN THE TRIAL OF CRIMINAL CASES. 32
12 SENATE BILL 1
(10) THE STATE’S ATTORNEY FOR A COUNTY MAY PROSECUTE A CIVIL 1
OFFENSE UNDER THIS S ECTION IN THE SAME M ANNER AS PROSECUTION OF A 2
VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 3
(11) IN A CIVIL OFFENSE CA SE UNDER THIS SECTION, THE STATE’S 4
ATTORNEY MAY: 5
(I) ENTER A NOLLE PROSEQ UI IN OR PLACE THE C ASE ON THE 6
STET DOCKET; AND 7
(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 8
PRESCRIBED BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.