HEARING ALERT: Crimes - Firearms - Penalties

Important Legislation Holds Repeat Violent Firearm Offenders Accountable

Note: Senate Judicial Proceedings Committee to Hold Hearing on SB 197 on January 30, 2018. 1:00 PM

“We will also be introducing legislation which will hold repeat offenders who use guns to commit crimes truly accountable for their actions.” - Governor Larry Hogan, December 5, 2017

Governor Hogan’s Proposed Crimes - Firearms - Penalties Legislation Is Part Of His Statewide Violent Crimes Initiatives

In December 2017, Governor Hogan Announced A Series Of Bold Initiatives Aimed At Combating Criminal Gang Enterprises And Repeat Violent Offenders Across The State. “Governor Larry Hogan today joined with federal, state, and local law enforcement officers and officials to announce a series of initiatives to combat criminal gang enterprises and repeat violent offenders responsible for terrorizing Baltimore City and participating in violent crime throughout the state. The governor’s announcements include state and federal law enforcement assistance targeting the violent crime ravaging Baltimore City; legislation to ensure that violent criminals serve their full prison sentence; and a new, collaborative data-sharing network to help prosecutors and law enforcement bring down criminal networks across the state.” (Press Release, “Governor Larry Hogan Announces Statewide Violent Crime Initiatives,” Office Of The Governor, 12/5/17)
Governor Hogan: “Let me be crystal clear – I have absolutely no tolerance whatsoever for these repeat violent offenders or these criminal gangs causing lawlessness in our streets… Our focus is to give law enforcement officers, prosecutors, and judges the tools they need to get these violent criminals off the streets and into prison.” (Press Release, “Governor Larry Hogan Announces Statewide Violent Crime Initiatives,” Office Of The Governor, 12/5/17)

Repeat Firearm Criminals Are Not Being Held Accountable For Their Actions

Governor Hogan: “It is unacceptable that we have a system particularly in Baltimore City where repeat gun criminals are getting a slap on the wrist and then being released back on to the streets to commit yet another felony with a gun. The current minimum penalty for using a firearm to commit a violent crime is five years, but all too often these criminals have their sentences suspended and are put back on to the streets of Baltimore.” (Remarks, “Violent Crimes Initiatives,” 12/5/17)
60% Of Firearm Offenders In Baltimore City Have Seen A Suspended Sentence. “Police Commissioner Kevin Davis says from arrest to conviction some of Baltimore’s most dangerous criminals are on the street with little to no fear of breaking the law and getting any serious jail time. For the past 18 months, the Baltimore Police Department has tracked gun offenders from their point of arrest to their sentencing. In 60% of the cases, the gunman has seen a suspended sentence. Davis says, ‘They know if they’re caught nothing is gonna happen to them they know it.’” (Joy Lepola, “Police: 60% Of Gun Offenders In Last 18 Months Received Suspended Sentence,” Fox Baltimore, 6/15/17)

Governor Hogan Has Called For Increased Penalties On Individuals Who Are Repeat Violent Firearm Crime Offenders. GOVERNOR HOGAN: “The current minimum penalty for using a firearm to commit a violent crime is five years, but all too often these criminals have their sentences suspended and are put back on the streets of Baltimore. Our bill will double the minimum sentence to ten years for repeat violent offenders and will require them to serve this ten year sentence without suspension, parole, or probation. If you do the crime, you do the time - period. Our bill will make this act a felony and make individuals who are convicted of possession of a firearm in relation to drug trafficking subject to additional penalties if they are later found to illegally possess a firearm.” (Remarks, “Violent Crimes Initiatives,” 12/5/17)

Crimes - Firearms - Penalties

Governor Hogan’s Proposed Legislation Would Increase Penalties For Individuals Who Perform Violent Crimes With Firearms, Including A Minimum Sentence Of 10 Years For Repeat Violent Firearm Offenders. “A person may not use a firearm in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime. A person who violates this section is guilty of a felony and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced: for a first offense, to imprisonment for not less than 5 years and not exceeding 20 years; or for a second or subsequent offense, to imprisonment for not less than 10 years and not exceeding 40 years. The court may not impose less than the minimum sentence of 5 years for a sentence imposed under item (I) 1 of this paragraph. The court may not impose less than the minimum sentence of 10 years for a sentence imposed under item (I) 2 of this paragraph.” (“Senate Bill 197,” Maryland General Assembly, 1/17/18)