New Laws Taking Effect in Maryland

On October 1, 2021, a series of new laws took effect in Maryland. Below are some of the more interesting and impactful pieces of legislation that were enacted into law.

“Anton’s Law”

Named for 19 year old Anton Black who died in police custody in 2018, this law restricts the use of no-knock warrants to daylight hours and also includes a provision that makes records of police conduct available in response to public information act requests.

Reduced Sentences for Minors Tried as Adults

This legislation, among other things, prohibits a Court from imposing a sentence of life without parole for minors. It also permits Judges to impose a sentence less than the required minimum on minors tried and convicted as adults.

Court Record Expungement

Any court or police records for both criminal and civil offenses will be automatically expunged after three years so long as the charge resulted in a dismissal or acquittal, or if the state’s attorney elected not to pursue charges.

Anti-Bias Education for Hate Crimes

Any person convicted of a hate crime can be required to undergo and complete an anti-bias program in addition to other penalties. Additionally, under the revision to the statute, gender identity is now its own protected category for purposes of hate crime actions; it had previously been a sub-category of sexual orientation.

Bereavement Leave

Private employers with 15 or more employees are now required to permit an employee to take earned paid leave after the death of an immediate family member.

LGBTQ Affairs Commission

This law creates a commission on LGBTQ affairs in the Governor’s Office of Community Initiatives. Under the legislation, the commission is charged with the duty of creating an annual report that is intended to provide policy recommendations to help end discriminatory practices against LGBTQ youth and adults.

The “Gay-Trans Panic Defense:”

Beginning October 1, the discovery or perception of someone’s race, ethnicity, sex, gender identity or sexual orientation can no longer be asserted as a defense for the purpose of downgrading a murder charge to manslaughter. Additionally, under the law, it can also no longer be asserted as a defense to an assault.

Balloon Release Ban

A new law in Maryland now makes it illegal for anyone over the age of 13 to release a balloon or to organize or participate in a mass balloon release. Although a violation does not lead to potential jail time, any violator can be find up to $100 and be required to complete up to 6 hours of community service. The purpose of the law is to prevent environmental harm.