Maryland 2022 Regular Session

Maryland Senate Bill SB429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0429
6	6
7	7	SENATE BILL 429
8	8	E1 2lr3021
9	9	CF HB 110
10	10	By: Senator Lee
11	11	Introduced and read first time: January 26, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Stalking – Penalties 2
19	19
20	20	FOR the purpose of altering the penalties for stalking under certain circumstances; and 3
21	21	generally relating to the crime of stalking. 4
22	22
23	23	BY repealing and reenacting, with amendments, 5
24	24	Article – Criminal Law 6
25	25	Section 3–802 7
26	26	Annotated Code of Maryland 8
27	27	(2021 Replacement Volume and 2021 Supplement) 9
28	28
29	29	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
30	30	That the Laws of Maryland read as follows: 11
31	31
32	32	Article – Criminal Law 12
33	33
34	34	3–802. 13
35	35
36	36	(a) In this section, “stalking” means a malicious course of conduct that includes 14
37	37	approaching or pursuing another where: 15
38	38
39	39	(1) the person intends to place or knows or reasonably should have known 16
40	40	the conduct would place another in reasonable fear: 17
41	41
42	42	(i) 1. of serious bodily injury; 18
43	43
44	44	2. of an assault in any degree; 19
45	45
46	46	3. of rape or sexual offense as defined by §§ 3–303 through 20
47	47	3–308 of this title or attempted rape or sexual offense in any degree; 21
48	48	2 SENATE BILL 429
49	49
50	50
51	51	4. of false imprisonment; or 1
52	52
53	53	5. of death; or 2
54	54
55	55	(ii) that a third person likely will suffer any of the acts listed in item 3
56	56	(i) of this item; or 4
57	57
58	58	(2) the person intends to cause or knows or reasonably should have known 5
59	59	that the conduct would cause serious emotional distress to another. 6
60	60
61	61	(b) The provisions of this section do not apply to conduct that is: 7
62	62
63	63	(1) performed to ensure compliance with a court order; 8
64	64
65	65	(2) performed to carry out a specific lawful commercial purpose; or 9
66	66
67	67	(3) authorized, required, or protected by local, State, or federal law. 10
68	68
69	69	(c) A person may not engage in stalking. 11
70	70
71	71	(d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
72	72	SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 13
73	73	conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 14
74	74	or both. 15
75	75
76	76	(2) A PERSON WHO IS CONVIC TED UNDER SUBSECTION (C) OF THIS 16
77	77	SECTION IS GUILTY OF A FELONY AND IS SUBJ ECT TO IMPRISONMENT NOT 17
78	78	EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH IF: 18
79	79
80	80	(I) THE PERSON HAD AN IN TERIM, TEMPORARY , OR FINAL 19
81	81	PROTECTIVE ORDER IN EFFECT AGAINST THE P ERSON AT THE TIME OF THE 20
82	82	OFFENSE IN WHICH THE VICTIM WAS THE PETIT IONER; 21
83	83
84	84	(II) THE PERSON HAS PREVI OUSLY BEEN CONVICTED ONCE 22
85	85	UNDER SUBSECTION (C) OF THIS SECTION; OR 23
86	86
87	87	(III) THE PERSON PREVIOUSLY HAS BEEN CONVICTED ONCE OF A 24
88	88	CRIME UNDER THE LAWS OF ANOTHER STATE THA T WOULD BE A CRIME U NDER 25
89	89	SUBSECTION (C) OF THIS SECTION IF C OMMITTED IN THIS STATE. 26
90	90
91	91	(e) A sentence imposed under this section may be separate from and consecutive 27
92	92	to or concurrent with a sentence for any other crime based on the acts establishing a 28
93	93	violation of this section. 29
94	94
95	95	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
96	96	October 1, 2022. 31 SENATE BILL 429 3
97	97
98	98
99	99