EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 8, 2022
CHAPTER ______
AN ACT concerning 1
Criminal Law – False Statements – Emergency or Commission of Crime 2
(Antiswatting Act of 2022) 3
Task Force to Study the Practice Known as “Swatting” 4
FOR the purpose of prohibiting a person from making or causing to be made a false 5
statement, report, or complaint to a governmental emergency report recipient with 6
reckless disregard of causing bodily harm; providing that a person who violates this 7
Act is civilly liable to an individual harmed by the violation; and generally relating 8
to crimes involving the making of false statements establishing the Task Force to 9
Study the Practice Known as “Swatting”; and generally relating to the Task Force to 10
Study the Practice Known as “Swatting”. 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–8A–19(d)(3)(i) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Criminal Law 18
Section 9–501.1 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22 2 SENATE BILL 881
Article – Criminal Law 1
Section 10–307 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2021 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Courts and Judicial Proceedings 7
3–8A–19. 8
(d) (3) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, 9
a child may not be committed to the Department of Juvenile Services for out–of–home 10
placement if the most serious offense is: 11
1. Possession of marijuana under § 5–601(c)(2)(ii) of the 12
Criminal Law Article; 13
2. Possession or purchase of a noncontrolled substance under 14
§ 5–618 of the Criminal Law Article; 15
3. Disturbing the peace or disorderly conduct under § 10–201 16
of the Criminal Law Article; 17
4. Malicious destruction of property under § 6–301 of the 18
Criminal Law Article; 19
5. An offense involving inhalants under § 5–708 of the 20
Criminal Law Article; 21
6. An offense involving prostitution under § 11–303, § 22
11–306, or § 11–307 of the Criminal Law Article; 23
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 24
Article; [or] 25
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 26
Criminal Law Article; OR 27
9. A FIRST–TIME VIOLATION FOR M AKING A FALSE 28
STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § 29
9–501.1 OF THE CRIMINAL LAW ARTICLE. 30
Article – Criminal Law 31
SENATE BILL 881 3
9–501.1. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “CRIME OF VIOLENCE ” HAS THE MEANING STATED IN § 14–101 OF 4
THIS ARTICLE. 5
(3) “EMERGENCY ” MEANS A CONDITION TH AT: 6
(I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND 7
(II) RESULTS IN, OR IS LIKELY TO RESU LT IN: 8
1. THE RESPONSE OF A PU BLIC OFFICIAL; OR 9
2. THE EVACUATION OF AN AREA , A BUILDING, A 10
STRUCTURE, A VEHICLE, OR ANY OTHER PLACE . 11
(4) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS: 12
(I) A PEACE OFFICER ; 13
(II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL 14
GOVERNMENT ; 15
(III) A PERSON INVOLVED IN THE OPERATION OF A PUBLIC 16
SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 17
ARTICLE; OR 18
(IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR 19
WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. 20
(B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, 21
REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A 22
CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART 23
TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD 24
OF CAUSING BODIL Y HARM TO AN INDIVID UAL AS A DIRECT RESU LT OF A RESPONSE 25
TO THE STATEMENT , REPORT, OR COMPLAINT . 26
(2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS 27
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 28
THE COMMISSION OF A CRIME OF VIOLEN CE IF THE RESULT OF THE STATEMENT , 29
REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND SERIOUS 30 4 SENATE BILL 881
PHYSICAL INJURY OR S EVERE EMOTIONAL DIST RESS TO A PERSON AS A PROXIMATE 1
RESULT OF LAWFUL CON DUCT ARISING OUT OF THE RESPONSE . 2
(3) A PERSON MAY NOT VIO LATE PARAGRAPH (1) OF THIS 3
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 4
THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE ST ATEMENT, 5
REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND THE DEAT H 6
OF A PERSON AS A PR OXIMATE RESULT OF LA WFUL CONDUCT ARISING OUT OF THE 7
RESPONSE. 8
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 9
PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A 10
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 11
EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 12
(2) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 13
PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A 14
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 5 15
YEARS OR A FINE NOT EXCEEDING $10,000. 16
(3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 17
PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS G UILTY OF A 18
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 19
YEARS OR A FINE NOT EXCEEDI NG $20,000. 20
(4) A PERSON UNDER THE AGE OF 18 YEARS WHO VIOLATES T HIS 21
SECTION FOR THE FIRS T TIME IS GUILTY OF A CIVIL OFFENSE AND IS SUBJECT TO 22
THE PROCEDURES AND D ISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE 8A OF THE 23
COURTS ARTICLE. 24
(5) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS 25
SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF 26
VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY 27
INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT 28
ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . 29
(D) A PERSON WHO VIOLATES THIS SECTION MAY BE PROSECUTED , 30
INDICTED, TRIED, AND CONVICTED IN : 31
(1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE 32
STATEMENT, REPORT, OR COMPLAINT ; 33
(2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT 34
WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR 35 SENATE BILL 881 5
(3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT 1
RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT . 2
(E) IN ADDITION TO ANY PENALTIES UND ER SUBSECTION (C) OF THIS 3
SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY 4
INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. 5
(F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. § 6
230 OR 42 U.S.C. § 1983. 7
10–307. 8
(A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 9
sentence imposed under this subtitle may be separate from and consecutive to or concurrent 10
with a sentence for any crime based on the act establishing the violation of this subtitle. 11
(B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS 12
SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE 13
IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE 14
IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. 15
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 16
the application thereof to any person or circumstance is held invalid for any reason in a 17
court of competent jurisdiction, the invalidity does not affect other provisions or any other 18
application of this Act that can be given effect without the invalid provision or application, 19
and for this purpose the provisions of this Act are declared severable. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22
(a) There is a Task Force to Study the Practice Known as “Swatting”. 23
(b) The Task Force consists of the following members: 24
(1) three members of the Senate of Maryland, appointed by the President 25
of the Senate; 26
(2) three members of the House of Delegates, appointed by the Speaker of 27
the House; 28
(3) the Public Defender, or the Public Defender’s designee; 29
(4) the Chair of the Anti–Defamation League, or the Chair’s designee; 30
6 SENATE BILL 881
(5) the Executive Director of the Maryland Chiefs of Police Association, or 1
the Executive Director’s designee; 2
(6) the Executive Director of the Maryland Sheriffs’ Association, or the 3
Executive Director’s designee; 4
(7) the President of the Maryland State’s Attorneys’ Association, or the 5
President’s designee; and 6
(8) the President of the Maryland Conference of the National Association 7
for the Advancement of Colored People, or the President’s designee. 8
(c) The Task Force shall designate the chair of the Task Force. 9
(d) The Office of the Attorney General shall provide staff for the Task Force. 10
(e) A member of the Task Force: 11
(1) may not receive compensation as a member of the Task Force; but 12
(2) is entitled to reimbursement for expenses under the Standard State 13
Travel Regulations, as provided in the State budget. 14
(f) The Task Force shall: 15
(1) study the laws applicable to, and otherwise relating to, the practice 16
known as “swatting”; and 17
(2) make recommendations relating to legislative changes to prohibit the 18
practice known as “swatting”. 19
(g) On or before June 1, 2023, the Task Force shall report its findings and 20
recommendations to the Governor and, in accordance with § 2 –1257 of the State 21
Government Article, the General Assembly. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23
1, 2022. It shall remain effective for a period of 1 year and 9 months and, at the end of 24
February 28, 2023, this Act, with no further action required by the General Assembly, shall 25
be abrogated and of no further force and effect. 26