| Old | New | Differences | |
|---|---|---|---|
| 1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 167 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 167 | |
| 5 | - | (Senate Bill 151) | |
| 6 | 2 | ||
| 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 | + | *sb0151* | |
| 8 | 9 | ||
| 9 | - | Hate Crimes – False Statement to a Law Enforcement Officer | |
| 10 | + | SENATE BILL 151 | |
| 11 | + | E1 2lr1107 | |
| 12 | + | SB 400/21 – JPR (PRE–FILED) CF HB 645 | |
| 13 | + | By: Senator Carter | |
| 14 | + | Requested: October 29, 2021 | |
| 15 | + | Introduced and read first time: January 12, 2022 | |
| 16 | + | Assigned to: Judicial Proceedings | |
| 17 | + | Committee Report: Favorable with amendments | |
| 18 | + | Senate action: Adopted | |
| 19 | + | Read second time: February 17, 2022 | |
| 10 | 20 | ||
| 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. | |
| 21 | + | CHAPTER ______ | |
| 14 | 22 | ||
| 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) | |
| 23 | + | AN ACT concerning 1 | |
| 20 | 24 | ||
| 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) | |
| 25 | + | Hate Crimes – False Statement to a Law Enforcement Officer 2 | |
| 26 | 26 | ||
| 27 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 28 | - | That the Laws of Maryland read as follows: | |
| 27 | + | FOR the purpose of clarifying that the making of a certain false statement to a law 3 | |
| 28 | + | enforcement officer may form the basis for a certain hate crime; and generally 4 | |
| 29 | + | relating to hate crimes. 5 | |
| 29 | 30 | ||
| 30 | - | Article – Criminal Law | |
| 31 | + | BY repealing and reenacting, without amendments, 6 | |
| 32 | + | Article – Criminal Law 7 | |
| 33 | + | Section 9–501, 10–306, and 10–307 8 | |
| 34 | + | Annotated Code of Maryland 9 | |
| 35 | + | (2021 Replacement Volume and 2021 Supplement) 10 | |
| 31 | 36 | ||
| 32 | - | 9–501. | |
| 37 | + | BY repealing and reenacting, with amendments, 11 | |
| 38 | + | Article – Criminal Law 12 | |
| 39 | + | Section 10–304 13 | |
| 40 | + | Annotated Code of Maryland 14 | |
| 41 | + | (2021 Replacement Volume and 2021 Supplement) 15 | |
| 33 | 42 | ||
| 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. | |
| 43 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
| 44 | + | That the Laws of Maryland read as follows: 17 | |
| 40 | 45 | ||
| 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. | |
| 46 | + | Article – Criminal Law 18 | |
| 43 | 47 | ||
| 44 | - | ||
| 48 | + | 9–501. 19 2 SENATE BILL 151 | |
| 45 | 49 | ||
| 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. 167 2022 LAWS OF MARYLAND | |
| 50 | 50 | ||
| 51 | - | – 2 – | |
| 52 | - | (1) (i) commit a crime or attempt or threaten to commit a crime against | |
| 53 | - | that person or group; | |
| 54 | 51 | ||
| 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] | |
| 52 | + | (a) A person may not make, or cause to be made, a statement, report, or complaint 1 | |
| 53 | + | that the person knows to be false as a whole or in material part, to a law enforcement officer 2 | |
| 54 | + | of the State, of a county, municipal corporation, or other political subdivision of the State, 3 | |
| 55 | + | or of the Maryland–National Capital Park and Planning Police with intent to deceive and 4 | |
| 56 | + | to cause an investigation or other action to be taken as a result of the statement, report, or 5 | |
| 57 | + | complaint. 6 | |
| 57 | 58 | ||
| 58 | - | ( | |
| 59 | - | ||
| 59 | + | (b) A person who violates this section is guilty of a misdemeanor and on conviction 7 | |
| 60 | + | is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 8 | |
| 60 | 61 | ||
| 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 ENFORCEMEN T 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 O THER ACTION TO BE TA KEN AS A RESULT OF T HE STATEMENT , | |
| 68 | - | REPORT, OR COMPLAINT , IN VIOLATION OF § 9–501 OF THIS ARTICLE; OR | |
| 62 | + | 10–304. 9 | |
| 69 | 63 | ||
| 70 | - | (2) commit a violation of item (1) of this section that: | |
| 64 | + | Motivated either in whole or in substantial part by another person’s or group’s race, 10 | |
| 65 | + | color, religious beliefs, sexual orientation, gender, gender identity, disability, or national 11 | |
| 66 | + | origin, or because another person or group is homeless, a person may not: 12 | |
| 71 | 67 | ||
| 72 | - | (i) | |
| 73 | - | ||
| 68 | + | (1) (i) commit a crime or attempt or threaten to commit a crime against 13 | |
| 69 | + | that person or group; 14 | |
| 74 | 70 | ||
| 75 | - | (ii) results in the death of a victim. | |
| 71 | + | (ii) deface, damage, or destroy, or attempt or threaten to deface, 15 | |
| 72 | + | damage, or destroy the real or personal property of that person or group; [or] 16 | |
| 76 | 73 | ||
| 77 | - | 10–306. | |
| 74 | + | (iii) burn or attempt or threaten to burn an object on the real or 17 | |
| 75 | + | personal property of that person or group; or 18 | |
| 78 | 76 | ||
| 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. | |
| 77 | + | (IV) MAKE OR CAUSE TO BE MADE A FALSE STATEME NT, REPORT, 19 | |
| 78 | + | OR COMPLAINT THAT TH E PERSON KNOWS TO BE FALSE AS A WHOLE OR IN 20 | |
| 79 | + | MATERIAL PART , TO A LAW ENFORCEMENT OFFICER OF THE STATE, OF A COUNTY, 21 | |
| 80 | + | MUNICIPAL CORPORATIO N, OR OTHER POLITICAL S UBDIVISION OF THE STATE, OR 22 | |
| 81 | + | OF THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING POLICE, ABOUT 23 | |
| 82 | + | THAT PERSON OR GROUP , WITH THE I NTENT TO DECEIVE AND TO CAUSE AN 24 | |
| 83 | + | INVESTIGATION OR OTH ER ACTION TO BE TAKE N AS A RESULT OF THE STATEMENT, 25 | |
| 84 | + | REPORT, OR COMPLAINT , IN VIOLATION OF § 9–501 OF THIS ARTICLE; OR 26 | |
| 82 | 85 | ||
| 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. | |
| 86 | + | (2) commit a violation of item (1) of this section that: 27 | |
| 86 | 87 | ||
| 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. | |
| 88 | + | (i) except as provided in item (ii) of this item, involves a separate 28 | |
| 89 | + | crime that is a felony; or 29 | |
| 90 | 90 | ||
| 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. | |
| 91 | + | (ii) results in the death of a victim. 30 | |
| 93 | 92 | ||
| 94 | - | 10– | |
| 95 | - | | |
| 93 | + | 10–306. 31 | |
| 94 | + | SENATE BILL 151 3 | |
| 96 | 95 | ||
| 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. | |
| 101 | 96 | ||
| 102 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
| 103 | - | October 1, 2022. | |
| 97 | + | (a) Except as provided in subsection (b) of this section, a person who violates this 1 | |
| 98 | + | subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 2 | |
| 99 | + | exceeding 3 years or a fine not exceeding $5,000 or both. 3 | |
| 104 | 100 | ||
| 105 | - | Approved by the Governor, April 21, 2022. | |
| 101 | + | (b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 4 | |
| 102 | + | and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 5 | |
| 103 | + | $10,000 or both. 6 | |
| 104 | + | ||
| 105 | + | (2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 7 | |
| 106 | + | and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 8 | |
| 107 | + | $20,000 or both. 9 | |
| 108 | + | ||
| 109 | + | (c) In addition to any other penalties imposed by this section, the court may 10 | |
| 110 | + | require a person who violates this subtitle to complete an antibias education program. 11 | |
| 111 | + | ||
| 112 | + | 10–307. 12 | |
| 113 | + | ||
| 114 | + | A sentence imposed under this subtitle may be separate from and consecutive to or 13 | |
| 115 | + | concurrent with a sentence for any crime based on the act establishing the violation of this 14 | |
| 116 | + | subtitle. 15 | |
| 117 | + | ||
| 118 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 | |
| 119 | + | October 1, 2022. 17 | |
| 120 | + | ||
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | Approved: | |
| 125 | + | ________________________________________________________________________________ | |
| 126 | + | Governor. | |
| 127 | + | ________________________________________________________________________________ | |
| 128 | + | President of the Senate. | |
| 129 | + | ________________________________________________________________________________ | |
| 130 | + | Speaker of the House of Delegates. |