Maryland 2022 Regular Session

Maryland House Bill HB110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0110
6	6
7	7	HOUSE BILL 110
8	8	E1 2lr0528
9	9	(PRE–FILED)
10	10	By: Delegates Shetty and Pippy
11	11	Requested: September 22, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Law – Stalking – Penalties 2
20	20
21	21	FOR the purpose of altering the penalties for stalking under certain circumstances; and 3
22	22	generally relating to the crime of stalking. 4
23	23
24	24	BY repealing and reenacting, with amendments, 5
25	25	Article – Criminal Law 6
26	26	Section 3–802 7
27	27	Annotated Code of Maryland 8
28	28	(2021 Replacement Volume and 2021 Supplement) 9
29	29
30	30	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
31	31	That the Laws of Maryland read as follows: 11
32	32
33	33	Article – Criminal Law 12
34	34
35	35	3–802. 13
36	36
37	37	(a) In this section, “stalking” means a malicious course of conduct that includes 14
38	38	approaching or pursuing another where: 15
39	39
40	40	(1) the person intends to place or knows or reasonably should have known 16
41	41	the conduct would place another in reasonable fear: 17
42	42
43	43	(i) 1. of serious bodily injury; 18
44	44
45	45	2. of an assault in any degree; 19
46	46
47	47	3. of rape or sexual offense as defined by §§ 3–303 through 20
48	48	3–308 of this title or attempted rape or sexual offense in any degree; 21 2 HOUSE BILL 110
49	49
50	50
51	51
52	52	4. of false imprisonment; or 1
53	53
54	54	5. of death; or 2
55	55
56	56	(ii) that a third person likely will suffer any of the acts listed in item 3
57	57	(i) of this item; or 4
58	58
59	59	(2) the person intends to cause or knows or reasonably should have known 5
60	60	that the conduct would cause serious emotional distress to another. 6
61	61
62	62	(b) The provisions of this section do not apply to conduct that is: 7
63	63
64	64	(1) performed to ensure compliance with a court order; 8
65	65
66	66	(2) performed to carry out a specific lawful commercial purpose; or 9
67	67
68	68	(3) authorized, required, or protected by local, State, or federal law. 10
69	69
70	70	(c) A person may not engage in stalking. 11
71	71
72	72	(d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
73	73	SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 13
74	74	conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 14
75	75	or both. 15
76	76
77	77	(2) A PERSON WHO IS CONVIC TED UNDER SUBSECTION (C) OF THIS 16
78	78	SECTION IS GUILTY OF A FELONY AND IS SUBJECT TO IMPRISONM ENT NOT 17
79	79	EXCEEDING 10 YEARS OR A FINE NOT EXCEED ING $10,000 OR BOTH IF: 18
80	80
81	81	(I) THE PERSON HAD AN IN TERIM, TEMPORARY , OR FINAL 19
82	82	PROTECTIVE ORDER IN EFFECT AGAINST THE P ERSON AT THE TIME OF THE 20
83	83	OFFENSE IN WHICH THE VICTIM WAS THE PETIT IONER; 21
84	84
85	85	(II) THE PERSON HAS PREVIOUSLY BEEN CONV ICTED ONCE 22
86	86	UNDER SUBSECTION (C) OF THIS SECTION; OR 23
87	87
88	88	(III) THE PERSON PREVIOUSL Y HAS BEEN CONVICTED ONCE OF A 24
89	89	CRIME UNDER THE LAWS OF ANOTHER STATE THA T WOULD BE A CRIME U NDER 25
90	90	SUBSECTION (C) OF THIS SECTION IF C OMMITTED IN THIS STATE. 26
91	91
92	92	(e) A sentence imposed under this section may be separate from and consecutive 27
93	93	to or concurrent with a sentence for any other crime based on the acts establishing a 28
94	94	violation of this section. 29
95	95
96	96	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 HOUSE BILL 110 3
97	97
98	98
99	99	October 1, 2022. 1