| 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 | - | 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 | 5 | *hb0084* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 84 | |
| 11 | 8 | F1, F2, F5 2lr0739 | |
| 12 | - | HB 700/21 – W&M (PRE–FILED) CF | |
| 9 | + | HB 700/21 – W&M (PRE–FILED) CF 2lr0740 | |
| 13 | 10 | By: Delegates Ruth, Amprey, Belcastro, Ebersole, Hill, Ivey, R. Lewis, Moon, | |
| 14 | 11 | Palakovich Carr, Stewart, Terrasa, and Washington | |
| 15 | 12 | Requested: October 13, 2021 | |
| 16 | 13 | Introduced and read first time: January 12, 2022 | |
| 17 | 14 | Assigned to: Ways and Means | |
| 18 | - | Committee Report: Favorable | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: February 22, 2022 | |
| 21 | 15 | ||
| 22 | - | ||
| 16 | + | A BILL ENTITLED | |
| 23 | 17 | ||
| 24 | 18 | AN ACT concerning 1 | |
| 25 | 19 | ||
| 26 | 20 | Education – Crimes on School Grounds – Application 2 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of specifying that provisions of law prohibiting and penalizing disruptive 3 | |
| 29 | 23 | and threatening behavior on the grounds of, in the classes of, or in the home of an 4 | |
| 30 | 24 | employee of an institution of elementary, secondary, or higher education do not apply 5 | |
| 31 | 25 | to students who commit offenses at the institution they attend, students on 6 | |
| 32 | 26 | exclusionary discipline who commit offenses at the institution they attend, or 7 | |
| 33 | 27 | students who commit offenses at another institution while participating in or 8 | |
| 34 | 28 | attending a sporting event or other extracurricular program sponsored at that 9 | |
| 35 | 29 | institution; and generally relating to the application of provisions of law that prohibit 10 | |
| 36 | 30 | and penalize disruptive and threatening behavior in elementary, secondary, and 11 | |
| 37 | 31 | higher education institutions. 12 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, with amendments, 13 | |
| 40 | 34 | Article – Education 14 | |
| 41 | 35 | Section 26–101 15 | |
| 42 | 36 | Annotated Code of Maryland 16 | |
| 43 | 37 | (2018 Replacement Volume and 2021 Supplement) 17 | |
| 44 | 38 | ||
| 45 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
| 46 | 40 | That the Laws of Maryland read as follows: 19 | |
| 47 | 41 | ||
| 48 | - | Article – Education 20 2 HOUSE BILL 84 | |
| 42 | + | Article – Education 20 | |
| 43 | + | ||
| 44 | + | 26–101. 21 | |
| 45 | + | ||
| 46 | + | (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 22 | |
| 47 | + | A PERSON WHO IS : 23 2 HOUSE BILL 84 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | 50 | ||
| 52 | - | 26–101. 1 | |
| 51 | + | (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 1 | |
| 52 | + | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 2 | |
| 53 | 53 | ||
| 54 | - | (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 2 | |
| 55 | - | A PERSON WHO IS : 3 | |
| 54 | + | (2) A STUDENT CURRENTLY ON EXCLUSIONARY DISCIPL INE FROM 3 | |
| 55 | + | THE INSTITUTION OF E LEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE 4 | |
| 56 | + | THE OFFENS E OCCURS; OR 5 | |
| 56 | 57 | ||
| 57 | - | (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 4 | |
| 58 | - | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 5 | |
| 58 | + | (3) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 6 | |
| 59 | + | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 7 | |
| 60 | + | ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 8 | |
| 61 | + | SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 9 | |
| 59 | 62 | ||
| 60 | - | ( | |
| 61 | - | THE INSTITUTION OF | |
| 62 | - | ||
| 63 | + | (B) A person may not willfully disturb or otherwise willfully prevent the orderly 10 | |
| 64 | + | conduct of the activities, administration, or classes of any institution of elementary, 11 | |
| 65 | + | secondary, or higher education. 12 | |
| 63 | 66 | ||
| 64 | - | (3) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 9 | |
| 65 | - | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 10 | |
| 66 | - | ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 11 | |
| 67 | - | SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 12 | |
| 67 | + | [(b)] (C) A person may not molest or threaten with bodily harm any student, 13 | |
| 68 | + | employee, administrator, agent, or any other individual who is lawfully: 14 | |
| 68 | 69 | ||
| 69 | - | (B) A person may not willfully disturb or otherwise willfully prevent the orderly 13 | |
| 70 | - | conduct of the activities, administration, or classes of any institution of elementary, 14 | |
| 71 | - | secondary, or higher education. 15 | |
| 70 | + | (1) On the grounds or in the immediate vicinity of any institution of 15 | |
| 71 | + | elementary, secondary, or higher education; 16 | |
| 72 | 72 | ||
| 73 | - | [(b)] (C) A person may not molest or threaten with bodily harm any student, 16 | |
| 74 | - | employee, administrator, agent, or any other individual who is lawfully: 17 | |
| 73 | + | (2) On a school vehicle; 17 | |
| 75 | 74 | ||
| 76 | - | (1) On the grounds or in the immediate vicinity of any institution of 18 | |
| 77 | - | elementary, secondary, or higher education; 19 | |
| 75 | + | (3) At an activity sponsored by a school that is held off school property; or 18 | |
| 78 | 76 | ||
| 79 | - | (2) On a school vehicle; 20 | |
| 77 | + | (4) On property that is owned by a county board and is used for 19 | |
| 78 | + | administrative or other purposes. 20 | |
| 80 | 79 | ||
| 81 | - | (3) At an activity sponsored by a school that is held off school property; or 21 | |
| 80 | + | [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 21 | |
| 81 | + | person may not threaten with bodily harm any employee of any institution of elementary, 22 | |
| 82 | + | secondary, or higher education at home by any means, including in person, by telephone, 23 | |
| 83 | + | or by electronic mail. 24 | |
| 82 | 84 | ||
| 83 | - | ( | |
| 84 | - | ||
| 85 | + | (2) [This] THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION 25 | |
| 86 | + | applies only to threats arising out of the scope of the employee’s employment. 26 | |
| 85 | 87 | ||
| 86 | - | [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 24 | |
| 87 | - | person may not threaten with bodily harm any employee of any institution of elementary, 25 | |
| 88 | - | secondary, or higher education at home by any means, including in person, by telephone, 26 | |
| 89 | - | or by electronic mail. 27 | |
| 88 | + | [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 27 | |
| 89 | + | Criminal Law Article, on application by the governing board of any institution of 28 | |
| 90 | + | elementary, secondary, or higher education, the circuit court of the county in which the 29 | |
| 91 | + | institution is located may issue an injunction restraining any specific activities that violate 30 | |
| 92 | + | this section. 31 | |
| 90 | 93 | ||
| 91 | - | (2) [This] THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION 28 | |
| 92 | - | applies only to threats arising out of the scope of the employee’s employment. 29 | |
| 93 | - | ||
| 94 | - | [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 30 | |
| 95 | - | Criminal Law Article, on application by the governing board of any institution of 31 | |
| 96 | - | elementary, secondary, or higher education, the circuit court of the county in which the 32 HOUSE BILL 84 3 | |
| 94 | + | [(e)] (F) Any person who violates any provision of this section is guilty of a 32 | |
| 95 | + | misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 33 HOUSE BILL 84 3 | |
| 97 | 96 | ||
| 98 | 97 | ||
| 99 | - | institution is located may issue an injunction restraining any specific activities that violate 1 | |
| 100 | - | this section. 2 | |
| 98 | + | exceeding 6 months, or both. 1 | |
| 101 | 99 | ||
| 102 | - | [(e)] (F) Any person who violates any provision of this section is guilty of a 3 | |
| 103 | - | misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 4 | |
| 104 | - | exceeding 6 months, or both. 5 | |
| 100 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2 | |
| 101 | + | 1, 2022. 3 | |
| 105 | 102 | ||
| 106 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6 | |
| 107 | - | 1, 2022. 7 | |
| 108 | - | ||
| 109 | - | ||
| 110 | - | ||
| 111 | - | ||
| 112 | - | Approved: | |
| 113 | - | ________________________________________________________________________________ | |
| 114 | - | Governor. | |
| 115 | - | ________________________________________________________________________________ | |
| 116 | - | Speaker of the House of Delegates. | |
| 117 | - | ________________________________________________________________________________ | |
| 118 | - | President of the Senate. |