Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmember Burnett
A Bill Entitled
An Ordinance concerning
title
Arson Offender Registration
For the purpose of requiring an individual who has been convicted of a specified crime to regularly register certain information with the Police Commissioner for Baltimore City; specifying location, timing, content, and form of the registration; defining certain terms; and generally relating to arson offender registration.
body
By adding
Article 19 - Police Ordinances
Section(s) 61-1 through 61-11 to be under the new subtitle designation,
“Subtitle 61. Arson Offender Registration”
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
Subtitle 61. Arson Offender Registration
§ 61-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Arson or malicious burning offender.
(1) In general.
“Arson or malicious burning offender” or “offender” means any individual who is convicted of an arson or malicious burning offense in any degree in the Circuit Court for Baltimore City or the District Court of Maryland for Baltimore City.
(2) Exclusions.
“Arson or malicious burning offender” does not include an individual:
(i) whose conviction for an arson or malicious burning offense has been reversed on appeal or otherwise set aside pursuant to law; or
(ii) who has been pardoned by the Governor.
(c) Arson or malicious burning offense.
“Arson or malicious burning offense” means a violation of any of the following sections of the State Criminal Law Article:
(1) § 6-102 {“Arson in the first degree”};
(2) § 6-103 {“Arson in the second degree”};
(3) § 6-104 {“Malicious burning of personal property in the first degree”};
(4) § 6-105 {“Malicious burning of personal property in the second degree”};
(5) § 6-106 {“Burning with intent to defraud”};
(6) § 6-107 {“Threat of arson”}; or
(7) § 5-622 {“Burning trash container”}.
(d) Commissioner.
“Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee.
(e) Convicted.
“Convicted” means an individual has:
(1) been found guilty of an arson or malicious burning offense by a jury or judicial officer;
(2) accepted a plea of guilty or nolo contendere for an arson or malicious burning offense; or
(3) been granted probation before judgment after a finding of guilt for an arson or malicious burning offense, if the court orders compliance with this subtitle as a condition of probation.
(f) Correctional facility.
“Correctional facility” means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime.
§ 61-2. Rules and regulations.
(a) Commissioner may adopt.
Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City
General Provisions Article, the Commissioner may adopt rules and regulations to carry out this subtitle.
(b) Scope.
These rules and regulations may govern:
(1) the form, content, and processing of the acknowledgment required by this subtitle;
(2) the form and content of the registration required under this subtitle;
(3) the documentation required to verify the content of the registration required under this subtitle; and
(4) the maintenance, use, and availability of the information that is collected by the Commissioner under this subtitle.
§ 61-3. Registration - In general.
(a) Registration required.
An offender must register with the Commissioner.
(b) Acknowledgment of duty to register.
When requested to do so by a judicial officer or law enforcement officer, an offender must acknowledge, in writing, the offender’s duty to register under this subtitle.
§ 61-4. Registration - Timing and location.
(a) Timing.
An offender must register with the Commission within 48 hours of:
(1) the date the offender’s sentence is imposed, if the offender receives a sentence that does not include imprisonment; or
(2) the date of the offender’s release from a correctional facility, if the offender receives a sentence that includes imprisonment.
(b) Location.
To register with the Commissioner, an offender must personally appear at an office designated by the Commissioner.
§ 61-5. Registration - Content and form.
(a) In general.
The registration must be in the form and contain the information that the Commissioner requires and that is required in subsection (b) of this section.
(b) Required information.
The registration must include the following information:
(1) the offender’s name;
(2) the crime for which the offender was convicted;
(3) the date on which the offender was convicted;
(4) any other name by which the offender has been legally known;
(5) a list of all aliases that the offender has used;
(6) identifying factors of the offender, including a physical description;
(7) the offender’s residence; and
(8) any other information required by the rules and regulations adopted by the Commissioner under this subtitle.
(c) Signature and date.
The registration must be signed and dated by the offender and the Commissioner.
(d) Photograph.
At the time that the offender appears at the office to register, the Commissioner may photograph the offender.
(e) Documentation required.
The Commissioner may require the offender to provide documentation that verifies the contents of the registration.
§ 61-6. Verification by resident offenders.
(a) Scope.
This section applies only to offenders who are residents of Baltimore City.
(b) Periodic verification.
(1) Except as provided in paragraph (2) of this subsection, every 6 months and 20 days following the initial registration, an offender must personally appear at the designated office to verify and update the information on the registration.
(2) If an offender is confined to any correctional facility, hospital, or similar institution throughout the final 20 days of the period described in paragraph (1) of this subsection, within 48 hours of release from the facility, hospital, or similar institution, the offender must personally appear at the designated office to verify and update the information on the registration.
(c) Updating registered residence.
An offender must personally appear at the designated office to update the offender’s residence address and other contents of the registration:
(1) within 10 calendar days of establishing a residence in Baltimore City;
(2) within 10 calendar days after moving from 1 residence in Baltimore City to another residence in Baltimore City; and
(3) before moving from a residence in Baltimore City and assuming a new residence outside of Baltimore City.
(d) Photograph permitted.
At the time the offender appears at the designated office to verify the registration information, the Commissioner may photograph the offender.
(e) Documentation required.
The Commissioner may require the offender to provide documentation that verifies the contents of the registration.
§ 61-7. Term of verification requirement.
The offender must verify the contents of the registration required by this subtitle for a period of 3 years from the date of the offender’s initial registration.
§ 61-8. Sharing registration information.
The Commissioner may make the information collected under this subtitle available to:
(1) any federal, state, or local law enforcement agency; and
(2) any City agency.
§ 61-9. Cooperation with other agencies.
The Commissioner may cooperate with other federal, state, and City agencies and the judiciary to facilitate implementation of this subtitle.
§ 61-10. Prohibited conduct.
No offender may:
(1) knowingly fail to acknowledge in writing the offender’s duty to register under this subtitle;
(2) fail to register as required by this subtitle or the rules and regulations adopted under it;
(3) fail to verify information as required by this subtitle or the rules and regulations adopted under it; or
(4) provide false information in the registration or verification required by this subtitle or the rules and regulations adopted under it.
§ 61-11. Penalties.
(a) In general.
Any offender who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, for each offense, is subject to a fine of not more than $500.
(b) Each day a separate offense.
Each day that a violation continues is a separate offense.
Section 2. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.