EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0881*
SENATE BILL 881
E1 2lr2023
SB 635/20 – JPR
By: Senators Waldstreicher, Smith, Lee, Carter, Lam, and Hettleman
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – False Statements – Emergency or Commission of Crime 2
(Antiswatting Act of 2022) 3
FOR the purpose of prohibiting a person from making or causing to be made a false 4
statement, report, or complaint to a governmental emergency report recipient with 5
reckless disregard of causing bodily harm; providing that a person who violates this 6
Act is civilly liable to an individual harmed by the violation; and generally relating 7
to crimes involving the making of false statements. 8
BY repealing and reenacting, with amendments, 9
Article – Courts and Judicial Proceedings 10
Section 3–8A–19(d)(3)(i) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Criminal Law 15
Section 9–501.1 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Criminal Law 20
Section 10–307 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2021 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Courts and Judicial Proceedings 26 2 SENATE BILL 881
3–8A–19. 1
(d) (3) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, 2
a child may not be committed to the Department of Juvenile Services for out–of–home 3
placement if the most serious offense is: 4
1. Possession of marijuana under § 5–601(c)(2)(ii) of the 5
Criminal Law Article; 6
2. Possession or purchase of a noncontrolled substance under 7
§ 5–618 of the Criminal Law Article; 8
3. Disturbing the peace or disorderly conduct under § 10–201 9
of the Criminal Law Article; 10
4. Malicious destruction of property under § 6–301 of the 11
Criminal Law Article; 12
5. An offense involving inhalants under § 5–708 of the 13
Criminal Law Article; 14
6. An offense involving prostitution under § 11–303, § 15
11–306, or § 11–307 of the Criminal Law Article; 16
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 17
Article; [or] 18
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 19
Criminal Law Article; OR 20
9. A FIRST–TIME VIOLATION FOR M AKING A FALSE 21
STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § 22
9–501.1 OF THE CRIMINAL LAW ARTICLE. 23
Article – Criminal Law 24
9–501.1. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “CRIME OF VIOLENCE ” HAS THE MEANING STAT ED IN § 14–101 OF 28
THIS ARTICLE. 29
(3) “EMERGENCY ” MEANS A CONDITION TH AT: 30 SENATE BILL 881 3
(I) POSES AN IMMINENT THREAT TO P UBLIC SAFETY; AND 1
(II) RESULTS IN, OR IS LIKELY TO RESU LT IN: 2
1. THE RESPONSE OF A PU BLIC OFFICIAL; OR 3
2. THE EVACUATION OF AN AREA, A BUILDING, A 4
STRUCTURE, A VEHICLE, OR ANY OTHER PLACE . 5
(4) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS: 6
(I) A PEACE OFFICER ; 7
(II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL 8
GOVERNMENT ; 9
(III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC 10
SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 11
ARTICLE; OR 12
(IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR 13
WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. 14
(B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, 15
REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A 16
CRIME THAT THE PERSON K NOWS TO BE FALSE AS A WHOLE OR IN MATERI AL PART 17
TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD 18
OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE 19
TO THE STATEMENT , REPORT, OR COMPLAINT . 20
(2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS 21
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 22
THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE STATEMENT , 23
REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND SERIOUS 24
PHYSICAL INJURY OR SEVERE EMOTIONAL DISTRESS T O A PERSON AS A PROX IMATE 25
RESULT OF LAWFUL CON DUCT ARISING OUT OF THE RESPONSE. 26
(3) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS 27
SUBSECTION BY MAKING A FALSE ST ATEMENT, REPORT, OR COMPLAINT ALLEGIN G 28
THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE STATEMENT, 29
REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND THE DEATH 30
OF A PERSON AS A PROXIM ATE RESULT OF LAWFUL CONDUCT ARISI NG OUT OF THE 31 4 SENATE BILL 881
RESPONSE. 1
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 2
PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A 3
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 4
EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 5
(2) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 6
PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A 7
FELONY AND ON CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 5 8
YEARS OR A FINE NOT EXCEEDING $10,000. 9
(3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 10
PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS G UILTY OF A 11
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 12
YEARS OR A FINE NOT EXCEEDING $20,000. 13
(4) A PERSON UNDER THE AGE OF 18 YEARS WHO VIOLATES T HIS 14
SECTION FOR THE FIRS T TIME IS GUILTY OF A CIVIL OFFENSE AND IS SUBJECT TO 15
THE PROCEDURES AND D ISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE 8A OF THE 16
COURTS ARTICLE. 17
(5) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS 18
SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF 19
VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY 20
INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT 21
ARISING OUT OF THE R ESPONSE TO THE STA TEMENT, REPORT, OR COMPLAINT . 22
(D) A PERSON WHO VIOLATES THIS SECTION MAY BE PROSECUTED , 23
INDICTED, TRIED, AND CONVICTED IN : 24
(1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE 25
STATEMENT, REPORT, OR COMPLAINT ; 26
(2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT 27
WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR 28
(3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT 29
RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT . 30
(E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS 31
SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY 32
INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. 33 SENATE BILL 881 5
(F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. § 1
230 OR 42 U.S.C. § 1983. 2
10–307. 3
(A) [A] EXCEPT AS PROVIDED IN SUBSECTI ON (B) OF THIS SECTION , A 4
sentence imposed under this subtitle may be separate from and consecutive to or concurrent 5
with a sentence for any crime based on the act establishing the violation of this subtitle. 6
(B) IF A PERSON IS CONVICTED OF A VIOLA TION OF § 10–304(1)(I) OF THIS 7
SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE 8
IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE 9
IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. 10
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 11
the application thereof to any person or circumstance is held invalid for any reason in a 12
court of competent jurisdiction, the invalidity does not affect other provisions or any other 13
application of this Act that can be given effect without the invalid provision or application, 14
and for this purpose the provisions of this Act are declared severable. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17