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2026 MCDAA Legislative Snapshot

General Assembly endorses changes to jury pools, parole hearings and juvenile justice

Wins

• Expanded jury eligibility: SB322/HB414 passed, allowing more formerly incarcerated individuals to serve on juries once they have completed their sentence, probation and parole.
• Juvenile justice reform: SB323/HB409 passed, expanding juvenile court jurisdiction and preventing juveniles from being housed with incarcerated adults.
• Parole hearing protections: SB822/HB467 passed, ensuring incarcerated individuals cannot be permanently denied parole and are entitled to periodic hearings.
• Ignition Interlock reform: SB38/HB286 passed, simplifying access to the Ignition Interlock Program for eligible drivers.
• MDEC access progress: MCDAA secured preliminary approval for broader attorney access to electronic court records through Maryland Electronic Courts.

Losses / Unfinished Priorities

• Third-degree assault bill stalled: SB514/HB907 advanced through conference committee but failed to receive final votes before adjournment.
• Arrest warrant reform did not pass: HB336, limiting commissioners’ authority to issue arrest warrants based solely on private citizen complaints, failed before Sine Die despite bipartisan support.
• Chaotic end to session: Several MCDAA priorities were impacted by competing legislative priorities and last-minute procedural delays.

The 2026 General Assembly produced several bills that impact criminal proceedings from the expansion of jury pools to better access to parole hearings and new rules governing trials and detainment of juveniles.

During the session, representatives of the Maryland Criminal Defense Attorneys’ Association (MCDAA) reviewed more than 2,700 bills and actively worked on 160 pieces of legislation.

That effort resulted in the passage of one of MCDAA’s priority bills, SB322/HB414. The legislation broadens the definition of who is eligible to sit on a jury to include individuals who have been convicted of a crime with a sentence of at least one year but are no longer serving the sentence, probation or parole.

Passage of SB322/HB414 “is a real win,” said Legislative Committee Co-Lead James Johnston during MCDAA’s legislative wrap-up call. “The jury bill was a long-time priority and people thought it was in hospice care.”

MCDAA, however, had secured strong sponsors for the bill ahead of session. Its passage will enable a broader selection of community members to participate in jury proceedings.

Third degree assault, citizen complaint bills fail

MCDAA made substantial progress on two other priority bills but ultimately did not see them passed during a session that was characterized by numerous competing legislative priorities and a chaotic Sine Die.

SB514/HB907 proposed to create the offense of third-degree assault to cover minor assaultive behavior, such as pushing or shoving. Currently, such actions are classified as second degree assault and carry a 10-year maximum sentence.

The bill would have brought Maryland law in line with many other states where third-degree or simple assault carries a maximum sentence of 60 days to one year, said MCDAA President Brian Shefferman. SB514/HB907 would have imposed a maximum sentence of 90 days.

MCDAA worked with legislators, prosecutors, victims’ rights groups and others to adjust the bill’s provisions, such as excluding domestic violence as a possible third-degree offense. Both the House of Delegates and the Senate adopted a conference committee report on the bill. Bul final votes on the bill did not occur before the legislature adjourned. The legislation, consequently, is well poised to be reconsidered and passed next year.

MCDAA made similar progress on HB 336, but it also failed to pass before Sine Die. It would have restricted the authority of District Court commissioners to issue arrest warrants based solely on complaints filed by private citizens. It would allow commissioners to issue summonses, but a prosecutor or police officer would have to investigate the complaint within a set period to warrant an arrest.

Attorney General Anthony Brown and some state’s attorneys supported the bill. Domestic violence lawyers, however, opposed it.

Juvenile justice reforms pass

Several other bills passed during the session will have significant impacts on criminal defendants.

SB323/HB409, the Juvenile Charging Reform Act, makes multiple changes to how juveniles are tried and detained. The bill expands the juvenile court’s jurisdiction to include individuals who are at least 16 years old and are accused of first-degree assault or certain crimes involving firearms or handguns. It also prohibits juveniles from being detained in any institution where they would have contact with or come within sight or sound of an incarcerated adult. This prohibition includes juveniles who are being tried in adult criminal court.

“This is a societal change,” said Christine DuFour, Legislative Committee Co-Lead. “When a juvenile is placed in an adult facility, they do not get any education or mental health services. In a juvenile services facility, they will still get schooling and therapeutic services.”

The bill requires the Department of Juvenile Services to complete extensive reporting on its implementation, including reports on juveniles’ length of stay while awaiting placement in a juvenile facility, the average time juveniles spend in detention, the number of requests (and their outcomes) to waive juvenile court jurisdiction, and the number of petitions (and their outcomes) to transfer a juvenile’s case from adult court to juvenile court.

Parole, ignition interlock bills pass

SB822/HB467 establishes that the Maryland Parole Commission (MPC) does not have the authority to permanently deny parole to an incarcerated individual. It entitles individuals to parole hearings at specified intervals, depending on their length of their sentence, and requires MPC to provide notice of and reports on hearings.

SB38/HB286 requires individuals who violate alcohol restrictions on their driver’s licenses, to participate in the state’s Ignition Interlock System Program (IISP) in order to modify a license suspension or revocation. The bill also makes it easier to participate in IISP. Individuals aged 21 or older will no longer have to appear before an administrative law judge to request IISP participation and a license modification.

MDEC changes gain favor

During the legislative session, MCDAA also worked to advance an important change in access to records through Maryland Electronic Courts (MDEC). Currently, the operating principle of “practical obscurity” prevents lawyers from electronically accessing court records for cases in which they are not an attorney of record. That restriction makes it difficult to view records of cases in different jurisdictions or ahead of first court appearances.

A subcommittee of the Maryland General Assembly Rules Committee this spring endorsed a MCDAA-proposed change that would provide any member of the Maryland bar in good standing with broad access to MDEC records. MCDAA has been advised that the change will likely be reviewed by the full Rules Committee this summer.

Thank you to MCDAA President Brian Shefferman, the Legislative Committee co-chaired by Christine DuFour and James Johnston, and all of our dedicated members who devoted their time, expertise, and energy throughout the 2026 legislative session. Their efforts ensured that the voice of Maryland's criminal defense bar was heard in Annapolis and helped advance MCDAA's legislative priorities.

We also extend our sincere appreciation to Jason Weintraub and Bob Enten of Gordon Feinblatt for their outstanding lobbying and advocacy on behalf of MCDAA. Their guidance, strategic counsel, and commitment were invaluable throughout the session.