MD HB518

Proposes a constitutional amendment requiring all bills creating new criminal offenses to include an explicit mens rea (guilty mind) requirement, unless the bill plainly intends to impose strict liability

Exempts amendments to criminal offenses that existed on or before January 1, 2027 from the mens rea requirement

Requires the Department of Legislative Services to submit an annual report by December 1 to the Senate Judicial Proceedings Committee and House Judiciary Committee identifying state criminal laws lacking explicit mens rea requirements

Mandates fiscal notes for bills establishing criminal offenses include a statement about the constitutional mens rea requirement and an assessment of whether the bill complies

Requires three-fifths approval by both chambers and voter ratification at the November 2026 general election; effective date June 1, 2025 with fiscal note provisions contingent on voter approval