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HB 635

Motor Vehicles - Secondary Enforcement and Admissibility of Evidence

2025 Regular Session Introduced by Gabriel Acevero and 26 co-sponsors

HB 635 prohibits traffic stops based solely on minor infractions and excludes evidence from such stops, targeting pretextual enforcement practices that disproportionately affect minority drivers.

Hearing 2/12 at 1:00 p.m. (Judiciary)
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Bill Summary · HB 635

Legislative bill overview

HB 635 restricts police authority to conduct traffic stops based solely on secondary violations (minor infractions like broken taillights or registration issues) and limits the admissibility of evidence obtained during such stops. The bill aims to reduce pretextual stops—where officers use minor violations as justification to investigate unrelated suspected crimes—by requiring officers to have reasonable suspicion of a primary offense before initiating traffic stops.

Why is this important

Pretextual traffic stops have documented disparate impacts on Black and Latino drivers, who are stopped at higher rates than white drivers for similar infractions. By raising the threshold for traffic stops, the bill could reduce discriminatory policing practices while also potentially limiting law enforcement's investigative tools. This represents a significant shift in police authority and criminal procedure in Maryland.

Potential points of contention

  • Law enforcement concerns: Police departments may argue the restrictions hamper their ability to conduct routine traffic safety enforcement and investigate crimes, potentially reducing officer discretion and public safety effectiveness
  • Evidence admissibility standards: Defining what constitutes a "primary offense" versus "secondary violation" may create litigation and inconsistent application across jurisdictions
  • Implementation challenges: Officers and prosecutors will need significant retraining; courts may face increased motions to suppress evidence, affecting existing case backlogs and conviction processes

Compiled from official sources — confirm details with the bill’s official record.

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