Bill
HB 21
HB 21 restricts District Court commissioners: warrants may be issued only if the applicant is a police officer or State’s Attorney; private citizens get summons instead.
Status & Timing
- Title: Criminal Procedure – District Court Commissioners and False Statements (HB 21)
- Introduced: January 8, 2025 (filed pre‑file Aug 9, 2024 per bill header)
- Hearing scheduled: January 28 (1:00 p.m.)
- Effective date (as drafted): October 1, 2025
- Statutory changes: Amends Courts & Judicial Proceedings §2‑607(c) and Criminal Law §9‑503.
Purpose
- Restrict the circumstances in which a District Court commissioner may issue an arrest warrant based on an application filed by a private citizen, and
- Increase the criminal penalty for knowingly making a false statement or report to a government official/unit about a crime or imminently dangerous condition.
Key provisions
- District Court commissioners (Courts & Judicial Proceedings §2‑607(c)):
- Continue to receive applications for statements of charges and to determine probable cause.
- May issue a summons or an arrest warrant upon finding probable cause.
- New limitation: a commissioner may issue an arrest warrant based on an application only if the person filing the application is a police officer (as defined in Public Safety §3‑201) or a State’s Attorney. If a private citizen files an application, the commissioner may issue a summons but not an arrest warrant.
- Existing statutory grounds for issuing a warrant remain (e.g., prior failure to respond to a summons/citation, unknown defendant whereabouts, defendant in custody for another offense, danger to others).
- Judges retain authority to recall an arrest warrant and substitute a summons when good cause is found.
Who is affected
- Criminal defendants and complainants: private citizens filing charging applications may no longer obtain arrest warrants directly from commissioners and would instead receive a summons; law enforcement and State’s Attorneys remain able to seek warrants.
- Courts and prosecutors: may see changes in filing patterns and processes (more filings routed through police/State’s Attorney offices).
- Individuals charged under §9‑503: face a substantially higher potential incarceration exposure for making false reports.
Fiscal and operational impact
- Fiscal note indicates potential operational effects on courts (e.g., changes in warrant issuance, victim/complainant protections, service of summonses) but anticipates no material change to State or local finances. The change to §9‑503 could marginally affect incarceration costs if convictions increase or longer sentences are imposed.
Practical considerations
- The change could reduce the number of citizen‑initiated arrest warrants (especially when the courts are closed), possibly affecting immediate victim protections and the speed of bringing alleged offenders before the court. Law enforcement and State’s Attorneys may need to handle more filings to obtain warrants.
- The increased penalty for false reports aims to deter knowingly false accusations but raises questions about classification and proportionality given retention of a low maximum monetary fine.
For more detail
- Statute references: Courts & Judicial Proceedings §2‑607(c); Criminal Law §9‑503.
Compiled from official sources — confirm details with the bill’s official record.
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