MD
Maryland House Bill HB645

Maryland 2022 Regular Session

Maryland House Bill HB645 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 166
21
3-– 1 –
4-Chapter 166
5-(House Bill 645)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0645*
89
9-Hate Crimes – False Statement to a Law Enforcement Officer
10+HOUSE BILL 645
11+E1 2lr1344
12+HB 306/21 – JUD CF SB 151
13+By: Delegate Jackson
14+Introduced and read first time: January 31, 2022
15+Assigned to: Judiciary
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 2, 2022
1019
11-FOR the purpose of clarifying that the making of a certain false statement to a law
12-enforcement officer may form the basis for a certain hate crime; and generally
13-relating to hate crimes.
20+CHAPTER ______
1421
15-BY repealing and reenacting, without amendments,
16- Article – Criminal Law
17-Section 9–501, 10–306, and 10–307
18- Annotated Code of Maryland
19- (2021 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2023
21-BY repealing and reenacting, with amendments,
22- Article – Criminal Law
23-Section 10–304
24- Annotated Code of Maryland
25- (2021 Replacement Volume and 2021 Supplement)
24+Hate Crimes – False Statement to a Law Enforcement Officer 2
2625
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
26+FOR the purpose of clarifying that the making of a certain false statement to a law 3
27+enforcement officer may form the basis for a certain hate crime; and generally 4
28+relating to hate crimes. 5
2929
30-Article – Criminal Law
30+BY repealing and reenacting, without amendments, 6
31+ Article – Criminal Law 7
32+Section 9–501, 10–306, and 10–307 8
33+ Annotated Code of Maryland 9
34+ (2021 Replacement Volume and 2021 Supplement) 10
3135
32-9–501.
36+BY repealing and reenacting, with amendments, 11
37+ Article – Criminal Law 12
38+Section 10–304 13
39+ Annotated Code of Maryland 14
40+ (2021 Replacement Volume and 2021 Supplement) 15
3341
34- (a) A person may not make, or cause to be made, a statement, report, or complaint
35-that the person knows to be false as a whole or in material part, to a law enforcement officer
36-of the State, of a county, municipal corporation, or other political subdivision of the State,
37-or of the Maryland–National Capital Park and Planning Police with intent to deceive and
38-to cause an investigation or other action to be taken as a result of the statement, report, or
39-complaint.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
43+That the Laws of Maryland read as follows: 17
4044
41- (b) A person who violates this section is guilty of a misdemeanor and on conviction
42-is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
45+Article – Criminal Law 18
4346
44-10–304.
47+9–501. 19
48+ 2 HOUSE BILL 645
4549
46- Motivated either in whole or in substantial part by another person’s or group’s race,
47-color, religious beliefs, sexual orientation, gender, gender identity, disability, or national
48-origin, or because another person or group is homeless, a person may not:
49- Ch. 166 2022 LAWS OF MARYLAND
5050
51-– 2 –
52- (1) (i) commit a crime or attempt or threaten to commit a crime against
53-that person or group;
51+ (a) A person may not make, or cause to be made, a statement, report, or complaint 1
52+that the person knows to be false as a whole or in material part, to a law enforcement officer 2
53+of the State, of a county, municipal corporation, or other political subdivision of the State, 3
54+or of the Maryland–National Capital Park and Planning Police with intent to deceive and 4
55+to cause an investigation or other action to be taken as a result of the statement, report, or 5
56+complaint. 6
5457
55- (ii) deface, damage, or destroy, or attempt or threaten to deface,
56-damage, or destroy the real or personal property of that person or group; [or]
58+ (b) A person who violates this section is guilty of a misdemeanor and on conviction 7
59+is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 8
5760
58- (iii) burn or attempt or threaten to burn an object on the real or
59-personal property of that person or group; or
61+10–304. 9
6062
61- (IV) MAKE OR CAUSE TO BE MADE A FALSE STATEME NT, REPORT,
62-OR COMPLAINT THAT TH E PERSON KNOWS TO BE FALSE AS A WHOLE OR IN
63-MATERIAL PART TO A LAW ENFORCEMENT OFFICER OF THE STATE, OF A COUNTY,
64-MUNICIPAL CORPORATIO N, OR OTHER POLITICAL S UBDIVISION OF THE STATE, OR
65-OF THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING POLICE ABOUT
66-THAT PERSON OR GROUP WITH THE INTENT TO D ECEIVE AND TO CAUSE AN
67-INVESTIGATION OR OTH ER ACTION TO BE TAKEN AS A RESULT OF THE S TATEMENT,
68-REPORT, OR COMPLAINT IN VIOLATION OF § 9–501 OF THIS ARTICLE; OR
63+ Motivated either in whole or in substantial part by another person’s or group’s race, 10
64+color, religious beliefs, sexual orientation, gender, gender identity, disability, or national 11
65+origin, or because another person or group is homeless, a person may not: 12
6966
70- (2) commit a violation of item (1) of this section that:
67+ (1) (i) commit a crime or attempt or threaten to commit a crime against 13
68+that person or group; 14
7169
72- (i) except as provided in item (ii) of this item, involves a separate
73-crime that is a felony; or
70+ (ii) deface, damage, or destroy, or attempt or threaten to deface, 15
71+damage, or destroy the real or personal property of that person or group; [or] 16
7472
75- (ii) results in the death of a victim.
73+ (iii) burn or attempt or threaten to burn an object on the real or 17
74+personal property of that person or group; or 18
7675
77-10–306.
76+ (IV) MAKE OR CAUSE TO BE MADE A FALSE STATEME NT, REPORT, 19
77+OR COMPLAINT THAT TH E PERSON KNOWS TO BE FALSE AS A WHOLE OR IN 20
78+MATERIAL PART TO A LAW ENFORC EMENT OFFICER OF THE STATE, OF A COUNTY, 21
79+MUNICIPAL CORPORATIO N, OR OTHER POLITICAL S UBDIVISION OF THE STATE, OR 22
80+OF THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING POLICE ABOUT 23
81+THAT PERSON OR GROUP WITH THE INTENT TO D ECEIVE AND TO CAUSE AN 24
82+INVESTIGATION OR OTHER ACTION TO BE T AKEN AS A RESULT OF THE STATEMENT , 25
83+REPORT, OR COMPLAINT IN VIOLATION OF § 9–501 OF THIS ARTICLE; OR 26
7884
79- (a) Except as provided in subsection (b) of this section, a person who violates this
80-subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not
81-exceeding 3 years or a fine not exceeding $5,000 or both.
85+ (2) commit a violation of item (1) of this section that: 27
8286
83- (b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony
84-and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding
85-$10,000 or both.
87+ (i) except as provided in item (ii) of this item, involves a separate 28
88+crime that is a felony; or 29
8689
87- (2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony
88-and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding
89-$20,000 or both.
90+ (ii) results in the death of a victim. 30
9091
91- (c) In addition to any other penalties imposed by this section, the court may
92-require a person who violates this subtitle to complete an antibias education program.
92+10–306. 31
9393
94-10–307.
95- LAWRENCE J. HOGAN, JR., Governor Ch. 166
94+ (a) Except as provided in subsection (b) of this section, a person who violates this 32
95+subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 33
96+exceeding 3 years or a fine not exceeding $5,000 or both. 34 HOUSE BILL 645 3
9697
97-– 3 –
98- A sentence imposed under this subtitle may be separate from and consecutive to or
99-concurrent with a sentence for any crime based on the act establishing the violation of this
100-subtitle.
10198
102- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
103-October 1, 2022.
10499
105-Approved by the Governor, April 21, 2022.
100+ (b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 1
101+and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 2
102+$10,000 or both. 3
103+
104+ (2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 4
105+and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 5
106+$20,000 or both. 6
107+
108+ (c) In addition to any other penalties imposed by this section, the court may 7
109+require a person who violates this subtitle to complete an antibias education program. 8
110+
111+10–307. 9
112+
113+ A sentence imposed under this subtitle may be separate from and consecutive to or 10
114+concurrent with a sentence for any crime based on the act establishing the violation of this 11
115+subtitle. 12
116+
117+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
118+October 1, 2022. 14
119+
120+
121+
122+
123+Approved:
124+________________________________________________________________________________
125+ Governor.
126+________________________________________________________________________________
127+ Speaker of the House of Delegates.
128+________________________________________________________________________________
129+ President of the Senate.