SB0791 • 2026

Correctional Services and Criminal Procedure - Immigration Enforcement - Prohibitions (Community Trust Act)

Children Crime Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Senator Lam
Last action: 2026-03-26
Official status: In the Senate - Passed Enrolled
Effective date: Upon Enact

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Correctional Services and Criminal Procedure - Immigration Enforcement - Prohibitions (Community Trust Act)

Prohibiting local correctional facilities from taking certain actions related to immigration enforcement, subject to certain exceptions; prohibiting law enforcement agents from taking certain actions related to immigration enforcement, subject to certain exceptions; prohibiting State and local correctional facilities from taking certain actions against an individual based on a certain immigration status of the individual or any other person; requiring employees and agents of State correctional facilities to provide certain notice; etc.

What This Bill Does

Prohibiting local correctional facilities from taking certain actions related to immigration enforcement, subject to certain exceptions; prohibiting law enforcement agents from taking certain actions related to immigration enforcement, subject to certain exceptions; prohibiting State and local correctional facilities from taking certain actions against an individual based on a certain immigration status of the individual or any other person; requiring employees and agents of State correctional facilities to provide certain notice; etc.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

113221/1

None • Delegate Grammer

Floor Amendment { 113221/1 (Delegate Grammer) Rejected (34-93)

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 5, strike beginning with the first “ OF” in line 5 down through “INDIVIDUAL” in line 7 and substitute “: (I) WHEN THE STATE CORRECTIONAL FACILITY IDENTIFIES AN INDIVIDUAL WHO IS THE SUBJECT OF AN AC TIVE IMMIGRATION DET AINER; AND (II) AT LEAST 48 HOURS BEFORE THE REL EASE OF AN INDIVIDUAL WHO IS THE SUBJECT OF AN ACTIVE IMMIGRATION DETAINER”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 5, strike beginning with the first “ OF” in line 5 down through “INDIVIDUAL” in line 7 and substitute “: (I) WHEN THE STATE CORRECTIONAL FACILITY IDENTIFIES AN INDIVIDUAL WHO IS THE SUBJECT OF AN AC TIVE IMMIGRATION DET AINER; AND (II) AT LEAST 48 HOURS BEFORE THE REL EASE OF AN INDIVIDUAL WHO IS THE SUBJECT OF AN ACTIVE IMMIGRATION DETAINER”.
SB0791/113221/1 BY: Delegate Grammer

113321/1

None • Delegate Buckel

Floor Amendment { 113321/1 (Delegate Buckel) Rejected (37-89)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 2 of the Judiciary Committee Amendments (SB791/583829/1), after line 7 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 2 of the Judiciary Committee Amendments (SB791/583829/1), after line 7 of Amendment No.
3, insert: “SECTION 3.
AND BE IT FURTHER ENACTED, That, on or before April 1, 2028, the Governor’s Office of Crime Prevention and Policy shall report to the Legislative Policy Committee, in accordance with § 2-1257 of the State Government Article, on the number of immigrants without legal residency status in the United States who have been convicted of a crime in the State and sentenced to a term of imprisonment of at least 10 years since the taking effect of this Act.”; in line 8, strike “3.” and substitute “ 4.”; and in line 12, after “enacted.” insert “It shall remain effective for a period of 2 years from the date it is enacted and, at the end of the 2–year period, this Act, with no further action required by the General Assembly, shall be abrogated and of no further force and effect.”.
SB0791/113321/1 BY: Delegate Buckel

183527/1

None • Delegate T. Morgan

Floor Amendment { 183527/1 (Delegate T. Morgan) Rejected (38-86)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE INVOLVING A MINOR VICTIM”.

193022/1

None • Senator Ready

Floor Amendment { 193022/1 (Senator Ready) Rejected (13-28)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in the last line of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in the last line of Amendment No.
2, strike “OR”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 3 of Amendment No.
2, after “FACILITY” insert “; OR (IV) A VIOLATION OF § 21–902 OF THE TRANSPORTATION ARTICLE”.

213320/1

None • Delegate Hartman

Floor Amendment { 213320/1 (Delegate Hartman) Rejected (35-90)

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 7, after line 29, insert: “(C) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LAW ENFORCEMENT AGENT FROM PARTICIPATING I N A JOINT TASK FORCE T HAT INCLUDES THE DEPARTMENT OF HOMELAND SECURITY.”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 7, after line 29, insert: “(C) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LAW ENFORCEMENT AGENT FROM PARTICIPATING I N A JOINT TASK FORCE T HAT INCLUDES THE DEPARTMENT OF HOMELAND SECURITY.”.
SB0791/213320/1 BY: Delegate Hartman

213729/1

None • Delegate Miller

Floor Amendment { 213729/1 (Delegate Miller) Rejected (40-83)

Plain English: AMENDMENTS TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.

AMENDMENTS TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR COMMITTING A CRIME OF VIOLE NCE, AS DEFINED BY § 14–101 OF THE CRIMINAL LAW ARTICLE, WHILE THE INDIVIDUAL IS ON PRETRIAL RELEASE”.

233223/1

None • Delegate Beauchamp

Floor Amendment { 233223/1 (Delegate Beauchamp) Rejected (40-84)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR COMMITT ING A DRUG TRAFFICKI NG CRIME, AS DEFINED IN § 5–621 OF THE CRIMINAL LAW ARTICLE”.

243822/1

None • Senator Salling

Floor Amendment { 243822/1 (Senator Salling) Rejected (18-24)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, after “BEEN” insert “: (I)”; in line 4, strike “(I)” and substitute “1.”; and in line 5, strike “(II)” and substitute “2.”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 1 of Amendment No.
2, strike “ (III)” and substitute “ 3.”; and in line 3, after “ FACILITY” insert “; OR (II) ARRESTED FOR A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE INVOLVING A MINOR VICTIM”.

263227/1

None • Delegate Griffith

Floor Amendment { 263227/1 (Delegate Griffith) Rejected (35-90)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 5, after line 14, insert: “(F) AN EMPLOYEE OR AGENT OF A LOCAL CORRECTIONAL FACILITY OR A STATE CORRECTIONAL FACILITY IS NOT LIABLE UNDER THIS SECTION IF: (1) THE EMPLOYEE OR AGENT IS ACTING IN GOOD FAITH; AND (2) THE EMPLOYEE OR AGENT REASONABLY BELIEVES THAT THE EMPLOYEE OR AGENT IS COMPLYING WITH TH E REQUIREMENTS OF TH IS SECTION.”.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 5, after line 14, insert: “(F) AN EMPLOYEE OR AGENT OF A LOCAL CORRECTIONAL FACILITY OR A STATE CORRECTIONAL FACILITY IS NOT LIABLE UNDER THIS SECTION IF: (1) THE EMPLOYEE OR AGENT IS ACTING IN GOOD FAITH; AND (2) THE EMPLOYEE OR AGENT REASONABLY BELIEVES THAT THE EMPLOYEE OR AGENT IS COMPLYING WITH TH E REQUIREMENTS OF TH IS SECTION.”.
On page 7, after line 29, insert: “(C) A LAW ENFORCEMENT AGENT IS NOT LIABLE UNDER THIS SECTION IF: (1) THE LAW ENFORCEMENT AGENT IS ACTING IN GOOD FA ITH; AND (2) THE LAW ENFORCEMENT AGENT REASONABLY BELIEVES THAT THE LAW ENFORCEMENT AGENT IS COMPLYING WITH TH E REQUIREMENTS OF THIS SECTION.”.
SB0791/263227/1 BY: Delegate Griffith

263522/1

None • Delegate Szeliga

Floor Amendment { 263522/1 (Delegate Szeliga) Rejected (35-91)

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 1, in line 4, strike “ Community T rust” and substitute “ Maryland Sanctuary State”; and in the same line, after “Act” insert “of 2026”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 1, in line 4, strike “ Community T rust” and substitute “ Maryland Sanctuary State”; and in the same line, after “Act” insert “of 2026”.
SB0791/263522/1 BY: Delegate Szeliga

283526/1

None • Senator West

Floor Amendment { 283526/1 (Senator West) Rejected (15-26)

Plain English: AMENDMENTS TO SENATE BILL 791, AS AMENDED (First Reading File Bill) AMENDMENT NO.

AMENDMENTS TO SENATE BILL 791, AS AMENDED (First Reading File Bill) AMENDMENT NO.
1 On page 1 of the bill, strike beginning with “prohibiting” in line 7 down through “exceptions;” in line 8; and strike in their entirety lines 15 through 19, inclusive.
AMENDMENT NO.
2 On pages 4 through 6 of the bill, strike in their entirety the lines beginning with line 11 on page 4 down through line 7 on page 6, inclusive.

353624/1

None • Senator McKay

Floor Amendment { 353624/1 (Senator McKay) Rejected (14-27)

Plain English: AMENDMENTS TO SENATE BILL 791, AS AMENDED (First Reading File Bill) On page 2 of the bill , in line 16, after “ (B)” insert “THIS SECTION DOES NOT APPLY TO A LOCAL CORRECTIONAL FACILITY OR STATE CORRECTIONAL FACILITY IF THE CORRECTIONAL FACILITY DETERMINES THAT THE REQUIREMENT S OF THIS SECTION ARE CONTRARY TO SPECIFIC LOCAL PUBLIC SAFETY NEEDS.

AMENDMENTS TO SENATE BILL 791, AS AMENDED (First Reading File Bill) On page 2 of the bill , in line 16, after “ (B)” insert “THIS SECTION DOES NOT APPLY TO A LOCAL CORRECTIONAL FACILITY OR STATE CORRECTIONAL FACILITY IF THE CORRECTIONAL FACILITY DETERMINES THAT THE REQUIREMENT S OF THIS SECTION ARE CONTRARY TO SPECIFIC LOCAL PUBLIC SAFETY NEEDS.
(C) ”.
On page 3 of the Judicial Proceedings Committee Amendments (SB0791/973824/01), in line 13 of Amendment No.
2, strike “(C)” and substitute “(D)”.

363526/1

None • Delegate McComas

Floor Amendment { 363526/1 (Delegate McComas) Rejected (38-85)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR A VIOLA TION OF § 3–1102 OF THE CRIMINAL LAW ARTICLE”.

483221/1

None • Delegate Pippy

Floor Amendment { 483221/1 (Delegate Pippy) Rejected (41-83)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR COMMITTING A CRIME OF VIOLE NCE, AS DEFINED BY § 14–101 OF THE CRIMINAL LAW ARTICLE”.

513425/1

None • Senator Corderman

Floor Amendment { 513425/1 (Senator Corderman) Rejected (17-25)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, after “BEEN” insert “: (I)”; in line 4, strike “(I)” and substitute “1.”; and in line 5, strike “(II)” and substitute “2.”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 1 of Amendment No.
2, strike “ (III)” and substitute “ 3.”; and in line 3, after “ FACILITY” insert “; OR (II) ARRESTED FOR A VIOLATION OF TITLE 2, SUBTITLE 2 OF THE CRIMINAL LAW ARTICLE”.

543022/1

None • Delegate Grammer

Floor Amendment { 543022/1 (Delegate Grammer) Rejected (36-91)

Plain English: AMENDMENTS TO SENATE BILL 791 (Third Reading File Bill) AMENDMENT NO.

AMENDMENTS TO SENATE BILL 791 (Third Reading File Bill) AMENDMENT NO.
1 On page 1, in line 12, after “ bail;” insert “prohibiting a District Court commissioner or a judge from authorizing pretrial release for a certain defendant;”; and in line 20, after “5–104” insert “and 5–202”.
AMENDMENT NO.
2 On page 8, after line 20, insert: “5–202.

583829/1

None

Favorable with Amendments { 583829/1 Adopted

Plain English: AMENDMENTS TO SENATE BILL 791 (Third Reading File Bill) AMENDMENT NO.

AMENDMENTS TO SENATE BILL 791 (Third Reading File Bill) AMENDMENT NO.
1 On page 1, at the top of the page, insert “ EMERGENCY BILL”; in line 2, strike “Public Safety” and substitute “ Criminal Procedure”; in line 8, after “exceptions;” insert “ prohibiting State and local correction al facilities from taking certain actions against an individual based on a certain immigration status of the individual or any other person;”.
AMENDMENT NO.
2 On page 2, in line 19, strike “COVERED” and substitute “CONVICTED”.

603221/1

None • Delegate Mangione

Floor Amendment { 603221/1 (Delegate Mangione) Withdrawn

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 4, in line 16, strike “OR”; and in line 18, after “CENTER” insert “; OR (III) COLLECTING AND MAINT AINING INFORMATION O N ANY GANG AFFILIATION OF AN INDIVIDUAL AND PROVIDING THE INFORMATION TO ANY FEDERAL LAW ENFORCEMENT ENTITY ON REQUEST”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 4, in line 16, strike “OR”; and in line 18, after “CENTER” insert “; OR (III) COLLECTING AND MAINT AINING INFORMATION O N ANY GANG AFFILIATION OF AN INDIVIDUAL AND PROVIDING THE INFORMATION TO ANY FEDERAL LAW ENFORCEMENT ENTITY ON REQUEST”.
SB0791/603221/1 BY: Delegate Mangione

623628/1

None • Delegate Buckel

Floor Amendment { 623628/1 (Delegate Buckel) Rejected (37-92)

Plain English: AMENDMENTS TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) AMENDMENT NO.

AMENDMENTS TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) AMENDMENT NO.
1 On page 1 of the bill , in line 12, before “and” insert “ providing that the Act terminates if certain conditions are met;”.
AMENDMENT NO.
2 On page 2 of the Judiciary Committee Amendments (SB0791/583829/1), after line 7 of Amendment No.

653025/1

None • Senator Ready

Floor Amendment { 653025/1 (Senator Ready) Rejected (16-25)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, strike “ CONVICTED OF ” and substitute “CHARGED WITH”.
On page 2 of the Judicial Proceedings Committee Amendments, in line 1 of Amendment No.
2, strike “WAS” and substitute “MAY BE”.

743620/1

None • Senator Mautz

Floor Amendment { 743620/1 (Senator Mautz) Rejected (16-26)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, after “BEEN” insert “: (I)”; in line 4, strike “(I)” and substitute “1.”; and in line 5, strike “(II)” and substitute “2.”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 1 of Amendment No.
2, strike “(III)” and substitute “ 3.”; and in line 3, after “ FACILITY” insert “; OR (II) ARRESTED FOR COMMITT ING A DRUG TRAFFICKI NG CRIME, AS DEFINED IN § 5–621 OF THE CRIMINAL LAW ARTICLE”.

763627/1

None • Delegate Tomlinson

Floor Amendment { 763627/1 (Delegate Tomlinson) Rejected (35-89)

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 5, in line 6, strike “WITHIN” and substitute “AT LEAST”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 5, in line 6, strike “WITHIN” and substitute “AT LEAST”.
SB0791/763627/1 BY: Delegate Tomlinson

773921/1

None • Delegate Rose

Floor Amendment { 773921/1 (Delegate Rose) Rejected (40-85)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR A VIOLA TION OF § 3–303 OR § 3–304 OF THE CRIMINAL LAW ARTICLE”.

793324/1

None • Delegate M. Morgan

Floor Amendment { 793324/1 (Delegate M. Morgan) Rejected (36-91)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 5, after line 14, insert: “(F) AN EMPLOYEE OR AGENT OF A LOCAL CORRECTIONAL FACILITY OR A STATE CORRECTIONAL FA CILITY MAY NOT BE FIRED OR CRIMINALLY PROSECUTED FOR NOT COMPLYING WITH THE R EQUIREMENTS OF THIS SECTION.”.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 5, after line 14, insert: “(F) AN EMPLOYEE OR AGENT OF A LOCAL CORRECTIONAL FACILITY OR A STATE CORRECTIONAL FA CILITY MAY NOT BE FIRED OR CRIMINALLY PROSECUTED FOR NOT COMPLYING WITH THE R EQUIREMENTS OF THIS SECTION.”.
On page 7, after line 29, insert: “(C) A LAW ENFORCEMENT AGENT MAY NOT BE FIRED OR CRIM INALLY PROSECUTED FOR NOT COMPLYING WITH THE R EQUIREMENTS OF THIS SECTION.”.
SB0791/793324/1 BY: Delegate M.
Morgan

793424/1

None • Senator Mautz

Floor Amendment { 793424/1 (Senator Mautz) Rejected (18-24)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, after “BEEN” insert “: (I)”; in line 4, strike “(I)” and substitute “1.”; and in line 5, strike “(II)” and substitute “2.”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 1 of Amendment No.
2, strike “(III)” and substitute “ 3.”; and in line 3, after “ FACILITY” insert “; OR (II) ARRESTED FOR COMMITTING: 1.

793626/1

None • Delegate Buckel

Floor Amendment { 793626/1 (Delegate Buckel) Rejected (42-85)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB0791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR A VIOLATION OF TITLE 2, SUBTITLE 2 OF THE CRIMINAL LAW ARTICLE”.

823326/1

None • Delegate Chisholm

Floor Amendment { 823326/1 (Delegate Chisholm) Rejected (36-93)

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 1, in line 4, strike “ Community Trust ” and substitute “ Maryland Criminal Alien Protection”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 1, in line 4, strike “ Community Trust ” and substitute “ Maryland Criminal Alien Protection”.
SB0791/823326/1 BY: Delegate Chisholm

853425/1

None • Senator McKay

Floor Amendment { 853425/1 (Senator McKay) Rejected

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (First Reading File Bill) On page 4 of the Judicial Proceedings Committee amendments (SB0791/973824/1), in line 9 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (First Reading File Bill) On page 4 of the Judicial Proceedings Committee amendments (SB0791/973824/1), in line 9 of Amendment No.
2, after “SECTION” insert “.
(E) AN EMPLOYEE OR AGENT OF A LOCAL CORRECTIONAL FACILITY OR A STATE CORRECTIONAL FACILITY IS NOT LIABLE UNDER THIS SUBSECTION IF: (1) THE EMPLOYEE OR AGENT IS ACTING IN GOOD FAITH; AND (2) THE EMPLOYEE OR AGENT REASONABLY BELIEVES THAT THE EMPLOYEE OR AGENT IS COMPLYING WITH TH E REQUIREMENTS OF THIS SECTION”.
On page 6 of the bill, in line 7, after “requirement” insert “.

863525/1

None • Delegate Rose

Floor Amendment { 863525/1 (Delegate Rose) Rejected (39-86)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB791/583829/1), in line 1 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED (Third Reading File Bill) On page 1 of the Judiciary Committee Amendments (SB791/583829/1), in line 1 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”; and in line 3 of Amendment No.
2, strike “CONVICTED” and substitute “COVERED”.
On page 2 of the bill, in line 19, after “BEEN” insert “: (I)”; in lines 21, 22, 24, and 27, strike “ (I)”, “ (II)”, “ (III)”, and “ (IV)”, respectively, and substitute “1.”, “2.”, “3.”, and “4.”, respectively; and in line 30, after “SENTENCE” insert “; OR (II) ARRESTED FOR COMMITTING: 1.

873025/1

None • Senator Gallion

Floor Amendment { 873025/1 (Senator Gallion) Rejected (16-25)

Plain English: AMENDMENTS TO SENATE BILL 791, AS AMENDED (First Reading File Bill) AMENDMENT NO.

AMENDMENTS TO SENATE BILL 791, AS AMENDED (First Reading File Bill) AMENDMENT NO.
1 Strike in their entirety the Judicial Proceeding s Committee Amendments (SB791/973824/1).
On page 1 of the bill , strike in their entirety lines 2 through 4, inclusive, and substitute: “Public Safety– Immigration Enforcement Agreements (Rachel Morin Act)”; strike beginning with “prohibiting” in line 5 down through “exceptions” in line 8 and substitute “ repealing a prohibition of certain immigration enforcement agreements ”; and strike in their entirety lines 10 through 19, inclusive, and substitute: “BY repealing Article – Criminal Procedure Section 5–104.1 Annotated Code of Maryland (2025 Replacement Volume) (As enacted by Chapters 1 and 2 of the Acts of the General Assembly of 2026)”.
AMENDMENT NO.

883420/1

None • Senator Corderman

Floor Amendment { 883420/1 (Senator Corderman) Rejected (17-26)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, after “BEEN” insert “: (I)”; in line 4, strike “(I)” and substitute “1.”; and in line 5, strike “(II)” and substitute “2.”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 1 of Amendment No.
2, strike “ (III)” and substitute “ 3.”; and in line 3, after “ FACILITY” insert “; OR (II) ARRESTED FOR COMMITTING A CRIME OF VIOLE NCE, AS DEFINED BY § 14–101 OF THE CRIMINAL LAW ARTICLE”.

903624/1

None • Delegate Wivell

Floor Amendment { 903624/1 (Delegate Wivell) Adopted

Plain English: AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 5, in line 4, strike “WRITTEN”.

AMENDMENT TO SENATE BILL 791 (Third Reading File Bill) On page 5, in line 4, strike “WRITTEN”.
SB0791/903624/1 BY: Delegate Wivell

953323/1

None • Senator Carozza

Floor Amendment { 953323/1 (Senator Carozza) Rejected (17-25)

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in line 3 of Amendment No.
2, after “BEEN” insert “: (I)”; in line 4, strike “(I)” and substitute “1.”; and in line 5, strike “(II)” and substitute “2.”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 1 of Amendment No.
2, strike “ (III)” and substitute “ 3.”; and in line 3, after “ FACILITY” insert “; OR (II) ARRESTED FOR A VIOLA TION OF § 3–303 OR 3–304 OF THE CRIMINAL LAW ARTICLE”.

973824/1

None

Favorable with Amendments { 973824/1

Plain English: AMENDMENTS TO SENATE BILL 791 (First Reading File Bill) AMENDMENT NO.

AMENDMENTS TO SENATE BILL 791 (First Reading File Bill) AMENDMENT NO.
1 On page 1, in line 5, strike “employees and agents of State and”; in line 8, after “exceptions;” insert “ requiring employees and agents of State correctional facilities to provide a certain notice; authorizing a District Court commissioner or a judge to consider the existence of a cer tain request when considering whether to authorize pretrial release or set bond or bail;”; and after line 19, insert: “BY adding to Article – Criminal Procedure Section 5–201.1 Annotated Code of Maryland (2025 Replacement Volume)”.
AMENDMENT NO.
2 On page 2, after line 9, insert: “(4) “COVERED INDIVIDUAL ” MEANS AN INDIVIDUAL WHO HAS BEEN CONVICTED OF: (I) A FELONY UNDER THE LAWS OF THIS STATE; (II) AN OFFENSE FOR WHICH REGISTRATION AS A SE X OFFENDER IS REQUIRED; OR SB0791/973824/1 BY: Judicial Proceedings Committee SB0791/973824/01 Judicial Proceedings Committee Amendments to SB 791 Page 2 of 5 (III) AN OFFENSE FOR W HICH THE INDIVIDUAL WAS SENTENCED TO A TERM OF INCARCERATION TO BE SERVED AT A STATE CORRECTIONAL FACILITY.

993528/1

None • Senator Folden

Floor Amendment { 993528/1 (Senator Folden) Adopted

Plain English: AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in the last line of Amendment No.

AMENDMENT TO SENATE BILL 791, AS AMENDED On page 1 of the Judicial Proceedings Committee Amendments (SB791/973824/1), in the last line of Amendment No.
2, strike “OR”.
On page 2 of the Judicial Proceeding Committee Amendments, in line 3 of Amendment No.
2, after “FACILITY” insert “; OR (IV) AN OFFENSE IN ANOTHE R STATE FOR WHICH TH E INDIVIDUAL WAS SENTENCED TO AT LEAST 5 YEARS OF INCARCERATION AND THE INDIVIDUAL COMPLETED AT LEAST 5 YEARS OF INCARCERATI ON OF THAT SENTENCE”.

Bill History

2026-04-11 House
Rereferred to Judiciary
2026-04-11 House
Favorable with Amendments Report by Judiciary
2026-04-10 Senate
Favorable with Amendments Report by Judicial Proceedings
2026-03-29 House
Floor Amendment { 793626/1 (Delegate Buckel) Rejected (42-85)
2026-03-29 House
Floor Amendment { 483221/1 (Delegate Pippy) Rejected (41-83)
2026-03-29 House
Floor Amendment { 773921/1 (Delegate Rose) Rejected (40-85)
2026-03-29 House
Floor Amendment { 863525/1 (Delegate Rose) Rejected (39-86)
2026-03-29 House
Floor Amendment { 183527/1 (Delegate T. Morgan) Rejected (38-86)
2026-03-29 House
Floor Amendment { 363526/1 (Delegate McComas) Rejected (38-85)
2026-03-29 House
Floor Amendment { 233223/1 (Delegate Beauchamp) Rejected (40-84)
2026-03-29 House
Floor Amendment { 213320/1 (Delegate Hartman) Rejected (35-90)
2026-03-29 House
Floor Amendment { 213729/1 (Delegate Miller) Rejected (40-83)
2026-03-29 House
Floor Amendment { 263227/1 (Delegate Griffith) Rejected (35-90)
2026-03-29 House
Floor Amendment { 603221/1 (Delegate Mangione) Withdrawn
2026-03-29 House
Floor Amendment { 763627/1 (Delegate Tomlinson) Rejected (35-89)
2026-03-29 House
Floor Amendment { 903624/1 (Delegate Wivell) Adopted
2026-03-29 House
Floor Amendment { 113321/1 (Delegate Buckel) Rejected (37-89)
2026-03-29 House
Floor Amendment { 623628/1 (Delegate Buckel) Rejected (37-92)
2026-03-29 House
Floor Amendment { 823326/1 (Delegate Chisholm) Rejected (36-93)
2026-03-29 House
Floor Amendment { 113221/1 (Delegate Grammer) Rejected (34-93)
2026-03-29 House
Floor Amendment { 793324/1 (Delegate M. Morgan) Rejected (36-91)
2026-03-29 House
Floor Amendment { 543022/1 (Delegate Grammer) Rejected (36-91)
2026-03-29 House
Third Reading Passed with Amendments (92-37)
2026-03-28 House
Favorable with Amendments { 583829/1 Adopted
2026-03-28 House
Floor Amendment { 263522/1 (Delegate Szeliga) Rejected (35-91)
2026-03-28 House
Second Reading Passed with Amendments
2026-03-27 House
Referred Rules and Executive Nominations
2026-03-26 Senate
Senate Concurs House Amendments
2026-03-26 Senate
Third Reading Passed (32-15)
2026-03-26 Senate
Passed Enrolled
2026-03-24 Senate
Third Reading Passed (29-13)
2026-03-23 Senate
Favorable with Amendments { 973824/1
2026-03-23 Senate
Motion Special Order until Next Session (Senator Hershey) Rejected (13-33)
2026-03-23 Senate
Motion Laid Over (Senator Smith) Adopted
2026-03-23 Senate
Favorable with Amendments { 973824/1
2026-03-23 Senate
Committee Amendment Adopted
2026-03-23 Senate
Favorable with Amendments Adopted (28-15)
2026-03-23 Senate
Floor Amendment { 993528/1 (Senator Folden) Adopted
2026-03-23 Senate
Floor Amendment { 653025/1 (Senator Ready) Rejected (16-25)
2026-03-23 Senate
Floor Amendment { 853425/1 (Senator McKay) Rejected
2026-03-23 Senate
Floor Amendment { 883420/1 (Senator Corderman) Rejected (17-26)
2026-03-23 Senate
Floor Amendment { 953323/1 (Senator Carozza) Rejected (17-25)
2026-03-23 Senate
Floor Amendment { 243822/1 (Senator Salling) Rejected (18-24)
2026-03-23 Senate
Floor Amendment { 513425/1 (Senator Corderman) Rejected (17-25)
2026-03-23 Senate
Floor Amendment { 793424/1 (Senator Mautz) Rejected (18-24)
2026-03-23 Senate
Floor Amendment { 283526/1 (Senator West) Rejected (15-26)
2026-03-23 Senate
Floor Amendment { 743620/1 (Senator Mautz) Rejected (16-26)
2026-03-23 Senate
Floor Amendment { 193022/1 (Senator Ready) Rejected (13-28)
2026-03-23 Senate
Floor Amendment { 353624/1 (Senator McKay) Rejected (14-27)
2026-03-23 Senate
Floor Amendment { 873025/1 (Senator Gallion) Rejected (16-25)
2026-03-23 Senate
Second Reading Passed with Amendments
2026-02-12 Senate
Hearing 2/25 at 1:00 p.m.
2026-02-06 Senate
First Reading Judicial Proceedings
Maryland General Assembly
Text - First - Correctional Services and Public Safety – Immigration Enforcement – Prohibitions (Community Trust Act)
Maryland General Assembly
Vote - Senate - Committee - Judicial Proceedings
Maryland General Assembly
Text - Third - Correctional Services and Public Safety – Immigration Enforcement – Prohibitions (Community Trust Act)
Maryland General Assembly
Vote - House - Committee - Judiciary
Maryland General Assembly
Text - Enrolled - Correctional Services and Criminal Procedure - Immigration Enforcement - Prohibitions (Community Trust Act)

Official Summary Text

Prohibiting local correctional facilities from taking certain actions related to immigration enforcement, subject to certain exceptions; prohibiting law enforcement agents from taking certain actions related to immigration enforcement, subject to certain exceptions; prohibiting State and local correctional facilities from taking certain actions against an individual based on a certain immigration status of the individual or any other person; requiring employees and agents of State correctional facilities to provide certain notice; etc.

Current Bill Text

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.
Italics indicate opposite chamber/conference committee amendments.
*sb0791*

SENATE BILL 791
E5, E2 EMERGENCY BILL (6lr3470)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator Lam

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

Correctional Services and Public Safety Criminal Procedure – Immigration 2
Enforcement – Prohibitions 3
(Community Trust Act) 4

FOR the purpose of prohibiting employees and agents of State and local correctional 5
facilities from taking certain actions related to immigration enforcement, subject to 6
certain exceptions; prohibiting law enforcement agents from taking certain actions 7
related to immigration enforcement, subject to certain exceptions; prohibiting State 8
and local correctional facilities from taking certain actions against an individual 9
based on a certain immigration status of the individual or any other person; requiring 10
employees and agents of State correctional facilities to provide a certain notice; 11
authorizing a District Court commissioner or a judge to consider the existence of a 12
certain request when considering whether to authorize pretrial release or set bond 13
or bail; and generally relating to immigration enforcement. 14

2 SENATE BILL 791

BY adding to 1
Article – Correctional Services 2
Section 8–805 3
Annotated Code of Maryland 4
(2025 Replacement Volume) 5

BY repealing and reenacting, with amendments, 6
Article – Criminal Procedure 7
Section 5–104 8
Annotated Code of Maryland 9
(2025 Replacement Volume) 10

BY adding to 11
Article – Criminal Procedure 12
Section 5–201.1 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Correctional Services 18

8–805. 19

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21

(2) “CIVIL IMMIGRATION VIO LATION” MEANS A VIOLATION OF 22
FEDERAL CIVIL IMMIGRATION LAW. 23

(3) “COURT ORDER” DOES NOT INCLUDE A DOCUMENT ISSUED BY: 24

(I) THE UNITED STATES DEPARTMENT OF HOMELAND 25
SECURITY; 26

(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR 27

(III) ANY SUCCESSOR AGENCY. 28

(4) “COVERED CONVICTED INDIVIDUAL” MEANS AN INDIVIDUAL WHO 29
HAS BEEN CONVICTED OF: 30

(I) A FELONY UNDER THE LAWS OF THIS STATE; 31

SENATE BILL 791 3

(II) AN OFFENSE FOR WHICH REGISTRATION AS A SE X 1
OFFENDER IS REQUIRED; OR 2

(III) AN OFFENSE FOR WHICH THE INDIVIDUAL WAS SENTENCED 3
TO A TERM OF INCARCE RATION TO BE SERVED AT A STATE CORRECTIONAL 4
FACILITY; OR 5

(IV) AN OFFENSE IN ANOTHE R STATE FOR WHICH TH E 6
INDIVIDUAL WAS SENTE NCED TO AT LEAST 5 YEARS OF INCARCERATI ON AND THE 7
INDIVIDUAL COMPLETED AT LEAST 5 YEARS OF INCARCERATI ON OF THAT 8
SENTENCE. 9

(5) “IMMIGRATION DETAINER ” MEANS A WRITTEN OR ELECTRO NIC 10
REQUEST ISSUED BY A FEDERAL IMMIGRATION AUTHORITY TO REQUEST THAT 11
ANOTHER LAW ENFORCEMENT AGENCY DETAIN A PERSON THAT IS: 12

(I) BASED ON PROBABLE CAUSE TO BELIEVE THAT THE PERSON 13
TO BE DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAW; AND 14

(II) ACCOMPANIED BY A FORM I–205 WARRANT OF 15
REMOVAL/DEPORTATION OR A SUCCESSOR FORM. 16

(4) (6) “JUDICIAL WARRANT ” DOES NOT INCLUDE A D OCUMENT 17
ISSUED BY: 18

(I) THE UNITED STATES DEPARTMENT OF HOMELAND 19
SECURITY; 20

(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR 21

(III) ANY SUCCESSOR AGENCY. 22

(7) “LOCAL CORRECTIONAL FACILITY” INCLUDES: 23

(I) THE BALTIMORE CITY DETENTION CENTER; AND 24

(II) THE CENTRALIZED BOOKING FACILITY IN BALTIMORE CITY 25
THAT IS OPERATED BY THE DIVISION OF PRETRIAL DETENTION AND SERVICES IN 26
THE DEPARTMENT. 27

(B) (1) PARAGRAPH (2)(I), (III), (IV), AND (V) AND (IV) OF THIS 28
SUBSECTION DOES NOT APPLY TO A COVERED CONVICTED INDIVIDUAL. 29

4 SENATE BILL 791

(2) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) (3) AND (4) OF 1
THIS SUBSECTION , AN EMPLOYEE OR AGENT OF A STATE OR A LOCAL 2
CORRECTIONAL FACILIT Y MAY NOT , IN THE COURSE OF THE EMPLOYEE’S OR 3
AGENT’S DUTIES: 4

(I) INQUIRE ABOUT OR INV ESTIGATE AN INDIVIDU AL’S 5
CITIZENSHIP, IMMIGRATION STATUS, OR PLACE OF BIRTH; 6

(II) DETAIN OR PROLONG THE DETENTION OF AN INDIVIDUAL: 7

1. FOR THE PURPOSE OF I NVESTIGATING THE 8
INDIVIDUAL’S CITIZENSHIP OR IMMIGRATION STATUS; 9

2. BASED ON THE SUSPICION THAT THE INDIVIDUAL HAS 10
COMMITTED A CIVIL IMMIGRATION VIOLATION; OR 11

3. AT THE REQUEST OF FEDER AL IMMIGRATION 12
AUTHORITIES UNLESS PRESENTED WITH A VALID JUDICIAL WARRANT; 13

(III) NOTIFY FEDERAL IMMIG RATION AUTHORITIES T HAT AN 14
INDIVIDUAL IS IN CUS TODY UNLESS REQUIRED BY A VALID COURT ORD ER OR 15
JUDICIAL WARRANT; OR 16

(IV) TRANSFER AN INDIVIDU AL TO FEDERAL IMMIGR ATION 17
AUTHORITIES UNLESS PRESENTED WITH A VALID JUDICIAL WARRANT; OR 18

(V) COERCE, INTIMIDATE, OR THREATEN AN INDIVIDUAL BASED 19
ON THE ACTUAL OR PER CEIVED CITIZENSHIP O R IMMIGRATION STATUS OF THE 20
INDIVIDUAL OR ANY OTHER PERSON. 21

(2) (3) NOTHING IN THIS SUBSE CTION SHALL PREVENT AN 22
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORRECTIONAL FACILITY FROM: 23

(I) INQUIRING ABOUT INFO RMATION THAT IS MATE RIAL TO A 24
ROUTINE BOOKING PROCEDURE; OR 25

(II) ENTERING INFORMATION INTO THE NATIONAL CRIME 26
INFORMATION CENTER. 27

(3) (4) IF THE CITIZENSHIP OR IMMIGRATION STATUS O F AN 28
INDIVIDUAL IS RELEVANT TO A PROTECTION ACCORDED TO THE INDIVIDUAL UNDER 29
STATE OR FEDERAL LAW , OR SUBJECT TO A REQU IREMENT IMPOSED BY 30
SENATE BILL 791 5

INTERNATIONAL TREATY , AN E MPLOYEE OR AGENT OF A STATE OR LOCAL 1
CORRECTIONAL FACILITY MAY: 2

(I) NOTIFY THE INDIVIDUA L OF THE PROTECTION OR 3
REQUIREMENT; OR 4

(II) PROVIDE THE INDIVIDU AL WITH AN OPPORTUNI TY TO 5
VOLUNTARILY DISCLOSE THE INDIVIDUAL’S CITIZENSHIP OR IMMIGRATION STATUS 6
FOR THE PURPOSE OF R ECEIVING THE PROTECT ION OR COMPLYING WIT H THE 7
REQUIREMENT. 8

(C) (1) THIS SUBSECTION DOES NOT APPLY TO: 9

(I) THE BALTIMORE CITY DETENTION CENTER; AND 10

(II) THE CENTRALIZED BOOKING FACILITY IN BALTIMORE CITY 11
THAT IS OPERATED BY THE DIVISION OF PRETRIAL DETENTION AND SERVICES IN 12
THE DEPARTMENT. 13

(2) A STATE CORRECTIONAL FA CILITY SHALL PROVIDE WRITTEN 14
NOTICE TO FEDERAL IM MIGRATION AUTHORITIE S OF THE RELEASE OF AN 15
INDIVIDUAL WHO IS TH E SUBJECT OF AN ACTI VE IMMIGRATION DETAINER WITHIN 16
48 HOURS BEFORE THE RELEASE OF THE INDIVIDUAL. 17

(D) A STATE CORRECTIONAL FA CILITY OR A LOCAL CO RRECTIONAL 18
FACILITY MAY NOT COE RCE, INTIMIDATE, OR THREATEN AN INDIV IDUAL BASED ON 19
THE ACTUAL OR PERCEI VED CITIZENSHIP OR I MMIGRATION STATUS OF THE 20
INDIVIDUAL OR ANY OTHER PERSON. 21

(D) (E) (1) THE ATTORNEY GENERAL OR AN INDIVID UAL WHO HAS 22
BEEN SUBJECTED TO A VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION TO 23
ENFORCE THIS SECTION. 24

(2) IN AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS 25
SUBSECTION, THE COURT MAY ISSUE TEMP ORARY, PRELIMINARY, OR PERMANENT 26
INJUNCTIVE RELIEF TO PREVENT AN ACT THAT WOULD CONSTITUTE A V IOLATION 27
OF THIS SECTION. 28

(C) UNLESS REQUIRED BY STATE OR FEDERAL LAW OR A COURT ORDER, AN 29
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORRECTIONAL FACILITY MAY NOT: 30

(1) IN THE COURSE OF THE EMPLOYEE’S OR AGENT ’S DUTIES , 31
PROVIDE INFORMATION TO FEDERAL IMMIGRATION AUTHORITIES; OR 32

6 SENATE BILL 791

(2) ALLOW FEDERAL IMMIGRATION AUTHORITIES TO ACCESS: 1

(I) AN AREA OF A STATE OR LOCAL CORREC TIONAL FACILITY 2
NOT ACCESSIBLE TO THE PUBLIC; OR 3

(II) RECORDS RELATING TO A STATE OR LOCAL CORRECTIONAL 4
FACILITY THAT ARE NOT ACCESSIBLE TO THE PUBLIC. 5

(D) (1) EACH STATE AND LOCAL CORRECTIONAL FACILITY SHALL ADOPT 6
A POLICY CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. 7

(2) THE POLICY REQUIRED B Y THIS SUBSECTION SH ALL INCLUDE 8
PENALTIES FOR AN EMP LOYEE OR AGENT WHO V IOLATES THE REQUIREMENTS OF 9
THIS SECTION. 10

(E) AN INDIVIDUAL WHO HAS BEEN SUBJECTED TO A VIOLATION OF THIS 11
SECTION MAY BRING AN ACTION FOR: 12

(1) ACTUAL DAMAGES; 13

(2) PUNITIVE DAMAGES; AND 14

(3) INJUNCTIVE RELIEF. 15

Article – Criminal Procedure 16

5–104. 17

(a) (1) In this section the following words have the meanings indicated. 18

(2) “Civil immigration violation” means a violation of federal civil 19
immigration law. 20

(3) “COURT ORDER” DOES NOT INCLUDE A DOCUMENT ISSUED BY: 21

(I) THE UNITED STATES DEPARTMENT OF HOMELAND 22
SECURITY; 23

(II) THE UNITED STATES DEPARTMENT OF JUSTICE; OR 24

(III) ANY SUCCESSOR AGENCY. 25

[(3)] (4) “Family member” means a relative by blood, adoption, or 26
marriage. 27
SENATE BILL 791 7

[(4)] (5) “Household member” means a person who lives with another or 1
is a regular presence in the home of another. 2

[(5)] (6) (i) “Law enforcement agent” means an individual who is 3
certified by the Maryland Police Training and Standards Commission under § 3–209 of the 4
Public Safety Article. 5

(ii) “Law enforcement agent” does not include an agent or employee 6
of a State correctional facility or a local correctional facility. 7

[(6)] (7) “Local correctional facility” has the meaning stated in § 1–101 of 8
the Correctional Services Article. 9

[(7)] (8) “State correctional facility” has the meaning stated in § 1–101 of 10
the Correctional Services Article. 11

(b) (1) In this subsection, “arrest” does not include a routine booking 12
procedure. 13

(2) Except as provided in paragraphs (3) and (4) of this subsection, a law 14
enforcement agent may not, during the performance of regular police functions: 15

(i) inquire about an individual’s citizenship, immigration status, or 16
place of birth during a stop, a search, or an arrest; 17

(ii) detain, or prolong the detention of, an individual: 18

1. for the purpose of investigating the individual’s 19
citizenship or immigration status; or 20

2. based on the suspicion that the individual has committed 21
a civil immigration violation; 22

(iii) transfer an individual to federal immigration authorities unless 23
required by federal law; [or] 24

(iv) coerce, intimidate, or threaten any individual based on the actual 25
or perceived citizenship or immigration status of the individual or: 26

1. the individual’s family member; 27

2. the individual’s household member; 28

3. the individual’s legal guardian; or 29

8 SENATE BILL 791

4. another individual for whom the individual is a lega l 1
guardian; OR 2

(V) NOTIFY FEDERAL IMMIG RATION AUTHORITIES T HAT AN 3
INDIVIDUAL IS IN CUS TODY PROVIDE FEDERAL IMMI GRATION AUTHORITIES WITH 4
INFORMATION ABOUT AN INDIVIDUAL OBTAINED IN THE COURSE OF THE LAW 5
ENFORCEMENT AGENT’S DUTIES UNLESS REQUIRED BY A VALID COURT ORDER. 6

(3) Nothing in this subsection shall prevent a law enforcement agent from 7
inquiring about any information that is material to a criminal investigation. 8

(4) If the citizenship or immigration status of an individual is relevant to a 9
protection accorded to the individual under State or federal law, or subject to a requirement 10
imposed by international treaty, a law enforcement agent may: 11

(i) notify the individual of the protection or requirement; and 12

(ii) provide the individual an opportunity to voluntarily disclose the 13
individual’s citizenship or immigration status for the purpose of receiving the protection or 14
complying with the requirement. 15

(C) (1) EACH LAW ENFORCEMENT AGENCY IN THE STATE SHALL ADOPT A 16
POLICY CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. 17

(2) THE POLICY REQUIRED B Y THIS SUBSECTION SH ALL INCLUDE 18
PENALTIES FOR AN EMP LOYEE OR AGENT WHO V IOLATES THE REQUIREMENTS OF 19
THIS SECTION. 20

(D) AN INDIVIDUAL WHO HAS BEEN SUBJECTED TO A VIOLATION OF THIS 21
SECTION MAY BRING AN ACTION FOR: 22

(1) ACTUAL DAMAGES; 23

(2) PUNITIVE DAMAGES; AND 24

(3) INJUNCTIVE RELIEF. 25

5–201.1. 26

(A) IN THIS SECTION , “IMMIGRATION DETAINER ” HAS THE MEANING 27
STATED IN § 8–805 OF THE CORRECTIONAL SERVICES ARTICLE. 28

(B) IN ADDITION TO ANY OT HER FACTOR ALLOWED B Y THE MARYLAND 29
RULES OR COMMON LAW , A DISTRICT COURT COMMISSIONER OR A JUDGE MAY 30
SENATE BILL 791 9

CONSIDER THE EXISTEN CE OF AN IMMIGRATION DETAINER WHEN DETERM INING 1
WHETHER TO: 2

(1) AUTHORIZE PRETRIAL R ELEASE FOR A DEFENDA NT CHARG ED 3
WITH A FELONY; OR 4

(2) SET BOND OR BAIL FOR A DEFENDANT CHARGED WITH A FELONY. 5

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2026. 7

SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 8
the application of any provision of this Act to any person or circumstance is held invalid for 9
any reason in a court of competent jurisdiction, the invalidity does not affect other provisions 10
or any other application of this Act that can be given effect without the invalid provision or 11
application, and for this purpose the provisions of this Act are declared severable. 12

SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 13
measure, is necessary for the immediate preservation of the public health or safety, has been 14
passed by a yea and nay vote supported by three–fifths of all the members elected to each of 15
the two Houses of the General Assembly, and shall take effect from the date it is enacted. 16

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.