House Bill 21, introduced in the Maryland General Assembly, aims to reform the process by which District Court commissioners issue arrest warrants, seeking to limit their authority and enhance penalties for false reporting.
Sponsored by Del. Jackie Addison, the bill proposes that commissioners could only issue arrest warrants if the application comes from law enforcement or a prosecutor, with probable cause and specific conditions such as the defendant failing to respond to summons or being a danger to the community.
The bill seeks to amend two sections of Maryland law, Article – Courts and Judicial Proceedings, Section 2-607, and Article – Criminal Law, Section 9-503, and also increases penalties for those making false statements to commissioners, raising the maximum prison sentence from six months to three years.
Supporters, including law enforcement groups and the Maryland State’s Attorney’s Association, argue that the bill will reduce wrongful arrests, particularly those based on unverified citizen complaints.
Opponents, particularly domestic violence advocates, express concern that the bill could restrict access to critical legal protections for victims who rely on commissioners to seek arrest warrants, especially in situations where contacting law enforcement is not feasible.
The bill’s fate will be determined by the House Judiciary Committee, which will hold hearings starting January 28, 2025.
The debate centers around balancing the need for accountability and preventing wrongful arrests with ensuring that vulnerable populations can still access legal protection.