Maryland 2022 2022 Regular Session

Maryland Senate Bill SB119 Engrossed / Bill

Filed 03/01/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *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 
Committee Report: Favorable 
Senate action: Adopted with floor amendments 
Read second time: February 21, 2022 
 
CHAPTER ______ 
 
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 
  2 	SENATE BILL 119  
 
 
26–101. 1 
 
 (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 2 
A PERSON WHO IS :  3 
 
 (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 4 
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 5 
OR  6 
 
 (2) A STUDENT CURRENTLY ON EXCLUSIONARY DISCIPL INE FROM 7 
THE INSTITUTION OF E LEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE 8 
THE OFFENSE OCCURS ; OR 9 
 
 (3) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 10 
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 11 
ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 12 
SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCC URS.  13 
 
 (B) A person may not willfully disturb or otherwise willfully prevent the orderly 14 
conduct of the activities, administration, or classes of any institution of elementary, 15 
secondary, or higher education. 16 
 
 [(b)] (C) A person may not molest or threaten with bodily harm any student, 17 
employee, administrator, agent, or any other individual who is lawfully: 18 
 
 (1) On the grounds or in the immediate vicinity of any institution of 19 
elementary, secondary, or higher education; 20 
 
 (2) On a school vehicle; 21 
 
 (3) At an activity sponsored by a school that is held off school property; or 22 
 
 (4) On property that is owned by a county board and is used for 23 
administrative or other purposes. 24 
 
 [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 25 
person may not threaten with bodily harm any employee of any institution of elementary, 26 
secondary, or higher education at home by any means, including in person, by telephone, 27 
or by electronic mail.  28 
 
 (2) [This] THE prohibition IN PARAGRAPH (1) OF THIS SUBSECT ION 29 
applies only to threats arising out of the scope of the employee’s employment. 30 
 
 [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 31 
Criminal Law Article, on application by the governing board of any institution of 32 
elementary, secondary, or higher education, the circuit court of the county in which the 33   	SENATE BILL 119 	3 
 
 
institution is located may issue an injunction restraining any specific activities that violate 1 
this section. 2 
 
 [(e)] (F) Any person who violates any provision of this section is guilty of a 3 
misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 4 
exceeding 6 months, or both. 5 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6 
1, 2022.  7 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.