EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0119*
SENATE BILL 119
F1, F2, F5 2lr0740
(PRE–FILED) CF HB 84
By: Senator Washington
Requested: October 13, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Education – Crimes on School Grounds – Application 2
FOR the purpose of specifying that provisions of law prohibiting and penalizing disruptive 3
and threatening behavior on the grounds of, in the classes of, or in the home of an 4
employee of an institution of elementary, secondary, or higher education do not apply 5
to students who commit offenses at the institution they attend, students on 6
exclusionary discipline who commit offenses at the institution they attend, or 7
students who commit offenses at another institution while participating in or 8
attending a sporting event or other extracurricular program sponsored at that 9
institution; and generally relating to the application of provisions of law that prohibit 10
and penalize disruptive and threatening behavior in elementary, secondary, and 11
higher education institutions. 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 26–101 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Education 20
26–101. 21
(a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 22
A PERSON WHO IS : 23
2 SENATE BILL 119
(1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 1
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 2
(2) A STUDENT CURRENTLY ON EXCLUSIONARY DISCIPL INE FROM 3
THE INSTITUTION OF E LEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE 4
THE OFFENS E OCCURS; OR 5
(3) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 6
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 7
ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 8
SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 9
(B) A person may not willfully disturb or otherwise willfully prevent the orderly 10
conduct of the activities, administration, or classes of any institution of elementary, 11
secondary, or higher education. 12
[(b)] (C) A person may not molest or threaten with bodily harm any student, 13
employee, administrator, agent, or any other individual who is lawfully: 14
(1) On the grounds or in the immediate vicinity of any institution of 15
elementary, secondary, or higher education; 16
(2) On a school vehicle; 17
(3) At an activity sponsored by a school that is held off school property; or 18
(4) On property that is owned by a county board and is used for 19
administrative or other purposes. 20
[(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 21
person may not threaten with bodily harm any employee of any institution of elementary, 22
secondary, or higher education at home by any means, including in person, by telephone, 23
or by electronic mail. 24
(2) [This] THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION 25
applies only to threats arising out of the scope of the employee’s employment. 26
[(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 27
Criminal Law Article, on application by the governing board of any institution of 28
elementary, secondary, or higher education, the circuit court of the county in which the 29
institution is located may issue an injunction restraining any specific activities that violate 30
this section. 31
[(e)] (F) Any person who violates any provision of this section is guilty of a 32
misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 33
exceeding 6 months, or both. 34 SENATE BILL 119 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2022. 2