Maryland 2022 Regular Session

Maryland Senate Bill SB151 Latest Draft

Bill / Chaptered Version Filed 05/02/2022

                             LAWRENCE J. HOGAN, JR., Governor Ch. 167 
 
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Chapter 167 
(Senate Bill 151) 
 
AN ACT concerning 
 
Hate Crimes – False Statement to a Law Enforcement Officer 
 
FOR the purpose of clarifying that the making of a certain false statement to a law 
enforcement officer may form the basis for a certain hate crime; and generally 
relating to hate crimes. 
 
BY repealing and reenacting, without amendments, 
 Article – Criminal Law 
Section 9–501, 10–306, and 10–307 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Criminal Law 
Section 10–304 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Criminal Law 
 
9–501. 
 
 (a) A person may not make, or cause to be made, a statement, report, or complaint 
that the person knows to be false as a whole or in material part, to a law enforcement officer 
of the State, of a county, municipal corporation, or other political subdivision of the State, 
or of the Maryland–National Capital Park and Planning Police with intent to deceive and 
to cause an investigation or other action to be taken as a result of the statement, report, or 
complaint. 
 
 (b) A person who violates this section is guilty of a misdemeanor and on conviction 
is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 
 
10–304. 
 
 Motivated either in whole or in substantial part by another person’s or group’s race, 
color, religious beliefs, sexual orientation, gender, gender identity, disability, or national 
origin, or because another person or group is homeless, a person may not: 
  Ch. 167 	2022 LAWS OF MARYLAND  
 
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 (1) (i) commit a crime or attempt or threaten to commit a crime against 
that person or group; 
 
 (ii) deface, damage, or destroy, or attempt or threaten to deface, 
damage, or destroy the real or personal property of that person or group; [or] 
 
 (iii) burn or attempt or threaten to burn an object on the real or 
personal property of that person or group; or 
 
 (IV) MAKE OR CAUSE TO BE MADE A FALSE STATEME NT, REPORT, 
OR COMPLAINT THAT TH E PERSON KNOWS TO BE FALSE AS A WHOLE OR IN 
MATERIAL PART , TO A LAW ENFORCEMEN T OFFICER OF THE STATE, OF A COUNTY, 
MUNICIPAL CORPORATIO N, OR OTHER POLITICAL S UBDIVISION OF THE STATE, OR 
OF THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING POLICE, ABOUT 
THAT PERSON OR GROUP , WITH THE INTENT TO D ECEIVE AND TO CAUSE AN 
INVESTIGATION OR O THER ACTION TO BE TA KEN AS A RESULT OF T HE STATEMENT , 
REPORT, OR COMPLAINT , IN VIOLATION OF § 9–501 OF THIS ARTICLE; OR 
 
 (2) commit a violation of item (1) of this section that: 
 
 (i) except as provided in item (ii) of this item, involves a separate 
crime that is a felony; or 
 
 (ii) results in the death of a victim. 
 
10–306. 
 
 (a) Except as provided in subsection (b) of this section, a person who violates this 
subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 
exceeding 3 years or a fine not exceeding $5,000 or both. 
 
 (b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 
and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 
$10,000 or both. 
 
 (2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 
and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 
$20,000 or both. 
 
 (c) In addition to any other penalties imposed by this section, the court may 
require a person who violates this subtitle to complete an antibias education program. 
 
10–307. 
   LAWRENCE J. HOGAN, JR., Governor Ch. 167 
 
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 A sentence imposed under this subtitle may be separate from and consecutive to or 
concurrent with a sentence for any crime based on the act establishing the violation of this 
subtitle. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2022.  
 
Approved by the Governor, April 21, 2022.