Articles

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.

MCDAA Legislative Wrap Up - 2025

Legislators address bills on assault, false statements, sentence reduction and more in 2025 General Assembly Session

During the 2025 Maryland General Assembly session, representatives of Maryland Criminal Defense Attorneys’ Association (MCDAA) reviewed 2,600 bills in 90 days, and actively tracked and worked on more than 240 pieces of legislation.

“The pace was fast and furious,” said Jason Weintraub, a Government Relations Practice attorney at Gordon Feinblatt and a lobbyist for MCDAA.

Yet volunteers and lobbyists for MCDAA helped refine multiple bills that will impact the work of defense attorneys. 

Early and swift work also enabled MCDAA to make progress on two priority bills, even though they did not pass during the session.

Working with the office of the Speaker of the House of Delegates, MCDAA drafted legislation [SB 873] that would create the offense of third-degree assault and secured bill sponsors.

“We were able to get the House Majority Leader David Moon to be the House sponsor…and Judiciary Proceedings Committee Chairman Will Smith to take up the bill in the Senate,” Weintraub said.

Third-degree assault legislation had not been introduced in the General Assembly since 2018, so MCDAA and the bill sponsors had to conduct significant education among legislators.

“We didn’t expect to pass that bill in the first year. It often takes two to five years to get a good piece of legislation passed. But we made significant progress on this bill,” said Christine DuFour, MCDAA President.

Legislators formed a working group to study the issue further and refine the legislation before the 2026 session.

MCDAA also worked to pass [HB 21] – legislation that would make it an offense to make false statements to district court commissioners. In the past, false complaints have convinced commissioners to issue arrest warrants on charges that were later dropped when police and prosecutors investigated them.

Progress on that bill, however, stalled in the House Judiciary Committee, largely over questions about the appropriate penalty for false statements versus the current penalty for perjury.

During the session, the General Assembly passed multiple other bills impacting the work of defense attorneys. They include the following.

The Second Look Act [HB 853] – provides sentence-reduction hearings to inmates who were 18 to 24 years old at the time of their offence and who have served at least 20 years in prison, day for day. The provision does not apply to three categories of inmates: sex offenders, individuals sentenced to life without parole, and individuals convicted of homicide involving first responders. Inmates can apply for up to three hearings, separated by three years each.

MCDAA estimates that more than 500 current inmates at Maryland prisons will qualify for sentence-reduction hearings under this bill.

U Visa Nonimmigrant Status Petitions [SB 608] broadens pathways to obtaining U Visas for non-citizens who are victims of or witnesses to crime, and are helpful in prosecuting that crime. It expands the list of organizations who can offer a ‘certification of helpfulness’ beyond police and prosecutors to include other government agencies. It widens the definition of helpfulness to essentially cover anyone who does not impede the investigation. It also speeds the visa application process. Authorities must evaluate ‘certification of helpfulness’ requests within 45 days (compared to the previous 90-day timeline). Requests involving individuals who are in the midst of removal proceedings, must be adjudicated within 14 days.

Expungement [SB 432] – addresses the issue of “satisfactory completion” of a sentence under the Abhishek I case from 2022. Previously, a finding of unsatisfactory completion of parole could block a request for expungement. The new law defines “completion” of sentence as the end of supervision/jail sentence and directs courts to consider a person’s success on probation or parole and their payment of any restitution.

Paraphernalia [HB 260] – alters the penalty for possession of drug paraphernalia to a $500 fine for first offence and one year of imprisonment for a subsequent offense. Previous sentences ranged from two to four years, depending on the type of paraphernalia.

Reckless Driving/High Speed [SB 590] – modifies Maryland’s traffic laws on reckless, negligent and aggressive driving/speeding. The bill expands the definition of reckless driving to include driving at least 30 miles per hour over the posted speed limit while also considering the current definition for driving with wanton disregard for safety. Under the new law, punishment for reckless driving includes up to 60 days in jail, a fine of up to $1,000 or both. Negligent driving is punishable by a fine of up to $750.

A full list of bills passed by the 2025 General Assembly can be found on the Maryland Department of Legislative Services website. Most bills relevant to defense attorneys can be found in Section E.