EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0298*
SENATE BILL 298
E1, J1 EMERGENCY BILL 2lr0980
SB 957/21 – SRU CF HB 267
By: Senators Young, Benson, Feldman, and Lam
Introduced and read first time: January 19, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Threat Against Public Health Official or Hospital Staff Member 2
FOR the purpose of prohibiting a person from making or sending a threat to a public health 3
official or hospital staff member with a certain intent; and generally relating to the 4
prohibition against making or sending threats to public health officials and hospital 5
staff members. 6
BY adding to 7
Article – Criminal Law 8
Section 3–708.1 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Law 14
3–708.1. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “HOSPITAL STAFF MEMBER ” MEANS AN INDIVIDUAL WHO WORKS 18
IN A HOSPITAL WHOSE DUTIES INCLUDE THE P ERSONAL CARE OR MEDI CAL 19
TREATMENT OF PATIENT S. 20
(3) “PUBLIC HEALTH OFFICIA L” MEANS AN INDIVIDUAL EMPLOYED 21
BY A STATE OR LOCAL HEA LTH DEPARTMENT OR AG ENCY. 22
2 SENATE BILL 298
(4) “THREAT” MEANS: 1
(I) AN ORAL THREAT ; OR 2
(II) A THREAT IN ANY WRIT TEN FORM, WHETHER OR NOT THE 3
WRITING IS SIGNED , OR, IF THE WRITING IS SIGNED, WHETHER OR NOT IT IS SIGNED 4
WITH A FICTITIOUS NA ME OR ANY OTHER MARK . 5
(B) A PERSON MAY NOT KNOWI NGLY AND WILLFULLY M AKE A THREAT TO A 6
PUBLIC HEALTH OFFICI AL OR HOSPITAL STAFF MEMBER WITH THE INTE NT TO 7
INTIMIDATE, INTERFERE WITH , OR IMPEDE A PUBLIC H EALTH OFFICIAL OR 8
HOSPITAL STAFF MEMBE R FROM PERFORMING OF FICIAL DUTIES. 9
(C) A PERSON MAY NOT KNOWI NGLY SEND, DELIVER, PART WITH, OR MAKE 10
FOR THE PURPOSE OF S ENDING OR DELIVERING A THREAT PROHIBITED UNDER 11
SUBSECTION (B) OF THIS SECTION. 12
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 13
AND ON CONVICTION IS SUBJECT TO IMPRISONMEN T NOT EXCEEDING 90 DAYS OR A 14
FINE NOT EXCEEDING $500 OR BOTH. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
measure, is necessary for the immediate preservation of the public health or safety, has 17
been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
each of the two Houses of the General Assembly, and shall take effect from the date it is 19
enacted. 20