EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0645*
HOUSE BILL 645
E1 2lr1344
HB 306/21 – JUD
By: Delegate Jackson
Introduced and read first time: January 31, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Hate Crimes – False Statement to a Law Enforcement Officer 2
FOR the purpose of clarifying that the making of a certain false statement to a law 3
enforcement officer may form the basis for a certain hate crime; and generally 4
relating to hate crimes. 5
BY repealing and reenacting, without amendments, 6
Article – Criminal Law 7
Section 9–501, 10–306, and 10–307 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 10–304 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Law 18
9–501. 19
(a) A person may not make, or cause to be made, a statement, report, or complaint 20
that the person knows to be false as a whole or in material part, to a law enforcement officer 21
of the State, of a county, municipal corporation, or other political subdivision of the State, 22
or of the Maryland–National Capital Park and Planning Police with intent to deceive and 23
to cause an investigation or other action to be taken as a result of the statement, report, or 24
complaint. 25 2 HOUSE BILL 645
(b) A person who violates this section is guilty of a misdemeanor and on conviction 1
is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 2
10–304. 3
Motivated either in whole or in substantial part by another person’s or group’s race, 4
color, religious beliefs, sexual orientation, gender, gender identity, disability, or national 5
origin, or because another person or group is homeless, a person may not: 6
(1) (i) commit a crime or attempt or threaten to commit a crime against 7
that person or group; 8
(ii) deface, damage, or destroy, or attempt or threaten to deface, 9
damage, or destroy the real or personal property of that person or group; [or] 10
(iii) burn or attempt or threaten to burn an object on the real or 11
personal property of that person or group; or 12
(IV) MAKE OR CAUSE TO BE MADE A FALSE STATEME NT TO A LAW 13
ENFORCEMENT OFFICER ABOUT THAT PERSON OR GROUP IN VIOLATION O F § 9–501 14
OF THIS ARTICLE; OR 15
(2) commit a violation of item (1) of this section that: 16
(i) except as provided in item (ii) of this item, involves a separate 17
crime that is a felony; or 18
(ii) results in the death of a victim. 19
10–306. 20
(a) Except as provided in subsection (b) of this section, a person who violates this 21
subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 22
exceeding 3 years or a fine not exceeding $5,000 or both. 23
(b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 24
and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 25
$10,000 or both. 26
(2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 27
and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 28
$20,000 or both. 29
(c) In addition to any other penalties imposed by this section, the court may 30
require a person who violates this subtitle to complete an antibias education program. 31
HOUSE BILL 645 3
10–307. 1
A sentence imposed under this subtitle may be separate from and consecutive to or 2
concurrent with a sentence for any crime based on the act establishing the violation of this 3
subtitle. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2022. 6