1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0298* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 298 |
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8 | 8 | | E1, J1 EMERGENCY BILL 2lr0980 |
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9 | 9 | | SB 957/21 – SRU CF HB 267 |
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10 | 10 | | By: Senators Young, Benson, Feldman, and Lam |
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11 | 11 | | Introduced and read first time: January 19, 2022 |
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12 | 12 | | Assigned to: Judicial Proceedings |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Criminal Law – Threat Against Public Health Official or Hospital Staff Member 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of prohibiting a person from making or sending a threat to a public health 3 |
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21 | 21 | | official or hospital staff member with a certain intent; and generally relating to the 4 |
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22 | 22 | | prohibition against making or sending threats to public health officials and hospital 5 |
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23 | 23 | | staff members. 6 |
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24 | 24 | | |
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25 | 25 | | BY adding to 7 |
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26 | 26 | | Article – Criminal Law 8 |
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27 | 27 | | Section 3–708.1 9 |
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28 | 28 | | Annotated Code of Maryland 10 |
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29 | 29 | | (2021 Replacement Volume and 2021 Supplement) 11 |
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30 | 30 | | |
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31 | 31 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 |
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32 | 32 | | That the Laws of Maryland read as follows: 13 |
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33 | 33 | | |
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34 | 34 | | Article – Criminal Law 14 |
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35 | 35 | | |
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36 | 36 | | 3–708.1. 15 |
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37 | 37 | | |
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38 | 38 | | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16 |
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39 | 39 | | INDICATED. 17 |
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40 | 40 | | |
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41 | 41 | | (2) “HOSPITAL STAFF MEMBER ” MEANS AN INDIVIDUAL WHO WORKS 18 |
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42 | 42 | | IN A HOSPITAL WHOSE DUTIES INCLUDE THE P ERSONAL CARE OR MEDI CAL 19 |
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43 | 43 | | TREATMENT OF PATIENT S. 20 |
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44 | 44 | | |
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45 | 45 | | (3) “PUBLIC HEALTH OFFICIA L” MEANS AN INDIVIDUAL EMPLOYED 21 |
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46 | 46 | | BY A STATE OR LOCAL HEA LTH DEPARTMENT OR AG ENCY. 22 |
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47 | 47 | | 2 SENATE BILL 298 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (4) “THREAT” MEANS: 1 |
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51 | 51 | | |
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52 | 52 | | (I) AN ORAL THREAT ; OR 2 |
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53 | 53 | | |
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54 | 54 | | (II) A THREAT IN ANY WRIT TEN FORM, WHETHER OR NOT THE 3 |
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55 | 55 | | WRITING IS SIGNED , OR, IF THE WRITING IS SIGNED, WHETHER OR NOT IT IS SIGNED 4 |
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56 | 56 | | WITH A FICTITIOUS NA ME OR ANY OTHER MARK . 5 |
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57 | 57 | | |
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58 | 58 | | (B) A PERSON MAY NOT KNOWI NGLY AND WILLFULLY M AKE A THREAT TO A 6 |
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59 | 59 | | PUBLIC HEALTH OFFICI AL OR HOSPITAL STAFF MEMBER WITH THE INTE NT TO 7 |
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60 | 60 | | INTIMIDATE, INTERFERE WITH , OR IMPEDE A PUBLIC H EALTH OFFICIAL OR 8 |
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61 | 61 | | HOSPITAL STAFF MEMBE R FROM PERFORMING OF FICIAL DUTIES. 9 |
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62 | 62 | | |
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63 | 63 | | (C) A PERSON MAY NOT KNOWI NGLY SEND, DELIVER, PART WITH, OR MAKE 10 |
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64 | 64 | | FOR THE PURPOSE OF S ENDING OR DELIVERING A THREAT PROHIBITED UNDER 11 |
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65 | 65 | | SUBSECTION (B) OF THIS SECTION. 12 |
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66 | 66 | | |
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67 | 67 | | (D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 13 |
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68 | 68 | | AND ON CONVICTION IS SUBJECT TO IMPRISONMEN T NOT EXCEEDING 90 DAYS OR A 14 |
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69 | 69 | | FINE NOT EXCEEDING $500 OR BOTH. 15 |
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70 | 70 | | |
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71 | 71 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 16 |
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72 | 72 | | measure, is necessary for the immediate preservation of the public health or safety, has 17 |
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73 | 73 | | been passed by a yea and nay vote supported by three–fifths of all the members elected to 18 |
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74 | 74 | | each of the two Houses of the General Assembly, and shall take effect from the date it is 19 |
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75 | 75 | | enacted. 20 |
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76 | 76 | | |
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