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.
*sb0151*
SENATE BILL 151
E1 2lr1107
SB 400/21 – JPR (PRE–FILED) CF HB 645
By: Senator Carter
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 17, 2022
CHAPTER ______
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 2 SENATE BILL 151
(a) A person may not make, or cause to be made, a statement, report, or complaint 1
that the person knows to be false as a whole or in material part, to a law enforcement officer 2
of the State, of a county, municipal corporation, or other political subdivision of the State, 3
or of the Maryland–National Capital Park and Planning Police with intent to deceive and 4
to cause an investigation or other action to be taken as a result of the statement, report, or 5
complaint. 6
(b) A person who violates this section is guilty of a misdemeanor and on conviction 7
is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 8
10–304. 9
Motivated either in whole or in substantial part by another person’s or group’s race, 10
color, religious beliefs, sexual orientation, gender, gender identity, disability, or national 11
origin, or because another person or group is homeless, a person may not: 12
(1) (i) commit a crime or attempt or threaten to commit a crime against 13
that person or group; 14
(ii) deface, damage, or destroy, or attempt or threaten to deface, 15
damage, or destroy the real or personal property of that person or group; [or] 16
(iii) burn or attempt or threaten to burn an object on the real or 17
personal property of that person or group; or 18
(IV) MAKE OR CAUSE TO BE MADE A FALSE STATEME NT, REPORT, 19
OR COMPLAINT THAT TH E PERSON KNOWS TO BE FALSE AS A WHOLE OR IN 20
MATERIAL PART , TO A LAW ENFORCEMENT OFFICER OF THE STATE, OF A COUNTY, 21
MUNICIPAL CORPORATIO N, OR OTHER POLITICAL S UBDIVISION OF THE STATE, OR 22
OF THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING POLICE, ABOUT 23
THAT PERSON OR GROUP , WITH THE I NTENT TO DECEIVE AND TO CAUSE AN 24
INVESTIGATION OR OTH ER ACTION TO BE TAKE N AS A RESULT OF THE STATEMENT, 25
REPORT, OR COMPLAINT , IN VIOLATION OF § 9–501 OF THIS ARTICLE; OR 26
(2) commit a violation of item (1) of this section that: 27
(i) except as provided in item (ii) of this item, involves a separate 28
crime that is a felony; or 29
(ii) results in the death of a victim. 30
10–306. 31
SENATE BILL 151 3
(a) Except as provided in subsection (b) of this section, a person who violates this 1
subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 2
exceeding 3 years or a fine not exceeding $5,000 or both. 3
(b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 4
and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 5
$10,000 or both. 6
(2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 7
and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 8
$20,000 or both. 9
(c) In addition to any other penalties imposed by this section, the court may 10
require a person who violates this subtitle to complete an antibias education program. 11
10–307. 12
A sentence imposed under this subtitle may be separate from and consecutive to or 13
concurrent with a sentence for any crime based on the act establishing the violation of this 14
subtitle. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.