Criminal Defense Lawyer Blog
Maryland State Senators recently passed a sweeping bill that would modify a number of existing criminal laws ranging from drug dealing to gun possession, and now the bill moves on to the House for a vote later this month. The measure passed by a wide margin in the Senate, and the governor’s approval is expected as long as it arrives at his desk. The bill made headlines for including provisions that increase jail sentences for repeat offenders and adding funding for crime prevention initiatives, but there are numerous other proposals that could have major impacts in courthouses around the state.
Firearms and fentanyl have become two of the main hot button criminal law issues of the past few months, and the comprehensive criminal bill touches on both. With respect to firearms, the bill adds a provision that would enable police officers and prosecutors to apply for wiretaps in cases involving certain public safety code gun laws. These laws include the sale of stolen firearms and the transportation of guns for the purpose of illegal trafficking. Crimes involving straw purchases of regulated firearms may also be investigated through the use of wiretaps under the proposed law. A straw purchase would be buying a gun for someone who cannot or does not want to buy one, and while straw purchases are generally legally, when it comes to firearms the opposite is true. Other firearm provisions in the new bill include raising the maximum and minimum penalty for certain crimes involving handguns. Under the law a second conviction for wear, transport and carry of a handgun would carry a 15-year maximum penalty, up from 10 years. If the second offense occurs on school property the minimum sentence would be increased to 5 years, up from 3. The 5-year minimum sentence for use of a firearm during the commission of a crime would remain under the proposed law, but it would be classified as a felony instead of a misdemeanor. A second offense of this provision would carry a new 10-year minimum sentence.
In addition to stricter gun laws the Senate version of the crime bill also enhances the potential punishment for crimes involving fentanyl. This powerful synthetic narcotic has been responsible for thousands of overdoses, and in many cases the user had no idea that he or she was using it. The strength of fentanyl makes it an easy swap for heroin, and the abundance of it leads to higher profits for dealers. Previously fentanyl was grouped with morphine and opium derivatives with respect to the large amount section of the Maryland drug distribution laws, which meant that it would take more than 28 grams to trigger the 5-year mandatory penalty. Under the proposed law possession of more than 5 grams of fentanyl would trigger enhanced penalties reserved for suspected volume dealers.
Another provision of the Senate bill includes enhanced penalties for witness intimidation, and eliminating the ability of defendants in custody for crimes of violence from being evaluated for substance abuse treatment under 8-505 until they are eligible for parole. The bill also proposes to expand the violent crime designation to all felonies committed with a firearm instead of only those committed with a handgun. The Maryland handgun laws are still curiously much stricter than laws regarding other firearms such as rifles and shotguns, and this proposal is an attempt to even out the disparity.
The Blog will continue to follow the progress of this bill and others like it as the 2018 legislative session begins to wind down. We may post a follow up article in the future so stay tuned. In the meantime if you have any questions or need representation for a criminal case in Baltimore or anywhere in Maryland contact Benjamin Herbst anytime at 410-207-2598. Benjamin specializes in gun crime defense and drug crimes, and is available seven days a week for a free consultation.
Resources
Senate Bill 122, mgaleg.maryland.gov.