Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 150 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 150 | |
5 | - | (Senate Bill 881) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0881* | |
8 | 9 | ||
9 | - | Criminal Law – False Statements – Emergency or Commission of Crime | |
10 | - | (Antiswatting Act of 2022) | |
11 | - | Task Force to Study the Practice Known as “Swatting” | |
10 | + | SENATE BILL 881 | |
11 | + | E1 2lr2023 | |
12 | + | SB 635/20 – JPR | |
13 | + | By: Senators Waldstreicher, Smith, Lee, Carter, Lam, and Hettleman | |
14 | + | Introduced and read first time: February 7, 2022 | |
15 | + | Assigned to: Judicial Proceedings | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: March 8, 2022 | |
12 | 19 | ||
13 | - | FOR the purpose of prohibiting a person from making or causing to be made a false | |
14 | - | statement, report, or complaint to a governmental emergency report recipient with | |
15 | - | reckless disregard of causing bodily harm; providing that a person who violates this | |
16 | - | Act is civilly liable to an individual harmed by the violation; and generally relating | |
17 | - | to crimes involving the making of false statements establishing the Task Force to | |
18 | - | Study the Practice Known as “Swatting”; and generally relating to the Task Force to | |
19 | - | Study the Practice Known as “Swatting”. | |
20 | + | CHAPTER ______ | |
20 | 21 | ||
21 | - | BY repealing and reenacting, with amendments, | |
22 | - | Article – Courts and Judicial Proceedings | |
23 | - | Section 3–8A–19(d)(3)(i) | |
24 | - | Annotated Code of Maryland | |
25 | - | (2020 Replacement Volume and 2021 Supplement) | |
22 | + | AN ACT concerning 1 | |
26 | 23 | ||
27 | - | BY adding to | |
28 | - | Article – Criminal Law | |
29 | - | Section 9–501.1 | |
30 | - | Annotated Code of Maryland | |
31 | - | (2021 Replacement Volume and 2021 Supplement) | |
24 | + | Criminal Law – False Statements – Emergency or Commission of Crime 2 | |
25 | + | (Antiswatting Act of 2022) 3 | |
26 | + | Task Force to Study the Practice Known as “Swatting” 4 | |
32 | 27 | ||
33 | - | BY repealing and reenacting, with amendments, | |
34 | - | Article – Criminal Law | |
35 | - | Section 10–307 | |
36 | - | Annotated Code of Maryland | |
37 | - | (2021 Replacement Volume and 2021 Supplement) | |
28 | + | FOR the purpose of prohibiting a person from making or causing to be made a false 5 | |
29 | + | statement, report, or complaint to a governmental emergency report recipient with 6 | |
30 | + | reckless disregard of causing bodily harm; providing that a person who violates this 7 | |
31 | + | Act is civilly liable to an individual harmed by the violation; and generally relating 8 | |
32 | + | to crimes involving the making of false statements establishing the Task Force to 9 | |
33 | + | Study the Practice Known as “Swatting”; and generally relating to the Task Force to 10 | |
34 | + | Study the Practice Known as “Swatting”. 11 | |
38 | 35 | ||
39 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
40 | - | That the Laws of Maryland read as follows: | |
36 | + | BY repealing and reenacting, with amendments, 12 | |
37 | + | Article – Courts and Judicial Proceedings 13 | |
38 | + | Section 3–8A–19(d)(3)(i) 14 | |
39 | + | Annotated Code of Maryland 15 | |
40 | + | (2020 Replacement Volume and 2021 Supplement) 16 | |
41 | 41 | ||
42 | - | Article – Courts and Judicial Proceedings | |
42 | + | BY adding to 17 | |
43 | + | Article – Criminal Law 18 | |
44 | + | Section 9–501.1 19 | |
45 | + | Annotated Code of Maryland 20 | |
46 | + | (2021 Replacement Volume and 2021 Supplement) 21 | |
43 | 47 | ||
44 | - | ||
48 | + | BY repealing and reenacting, with amendments, 22 2 SENATE BILL 881 | |
45 | 49 | ||
46 | - | (d) (3) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, | |
47 | - | a child may not be committed to the Department of Juvenile Services for out–of–home | |
48 | - | placement if the most serious offense is: | |
49 | - | Ch. 150 2022 LAWS OF MARYLAND | |
50 | 50 | ||
51 | - | – 2 – | |
52 | - | 1. Possession of marijuana under § 5–601(c)(2)(ii) of the | |
53 | - | Criminal Law Article; | |
51 | + | Article – Criminal Law 1 | |
52 | + | Section 10–307 2 | |
53 | + | Annotated Code of Maryland 3 | |
54 | + | (2021 Replacement Volume and 2021 Supplement) 4 | |
54 | 55 | ||
55 | - | | |
56 | - | ||
56 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
57 | + | That the Laws of Maryland read as follows: 6 | |
57 | 58 | ||
58 | - | 3. Disturbing the peace or disorderly conduct under § 10–201 | |
59 | - | of the Criminal Law Article; | |
59 | + | Article – Courts and Judicial Proceedings 7 | |
60 | 60 | ||
61 | - | 4. Malicious destruction of property under § 6–301 of the | |
62 | - | Criminal Law Article; | |
61 | + | 3–8A–19. 8 | |
63 | 62 | ||
64 | - | 5. An offense involving inhalants under § 5–708 of the | |
65 | - | Criminal Law Article; | |
63 | + | (d) (3) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, 9 | |
64 | + | a child may not be committed to the Department of Juvenile Services for out–of–home 10 | |
65 | + | placement if the most serious offense is: 11 | |
66 | 66 | ||
67 | - | | |
68 | - | ||
67 | + | 1. Possession of marijuana under § 5–601(c)(2)(ii) of the 12 | |
68 | + | Criminal Law Article; 13 | |
69 | 69 | ||
70 | - | | |
71 | - | Article; | |
70 | + | 2. Possession or purchase of a noncontrolled substance under 14 | |
71 | + | § 5–618 of the Criminal Law Article; 15 | |
72 | 72 | ||
73 | - | | |
74 | - | Criminal Law Article; | |
73 | + | 3. Disturbing the peace or disorderly conduct under § 10–201 16 | |
74 | + | of the Criminal Law Article; 17 | |
75 | 75 | ||
76 | - | 9. A FIRST–TIME VIOLATION FOR M AKING A FALSE | |
77 | - | STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § | |
78 | - | 9–501.1 OF THE CRIMINAL LAW ARTICLE. | |
76 | + | 4. Malicious destruction of property under § 6–301 of the 18 | |
77 | + | Criminal Law Article; 19 | |
79 | 78 | ||
80 | - | Article – Criminal Law | |
79 | + | 5. An offense involving inhalants under § 5–708 of the 20 | |
80 | + | Criminal Law Article; 21 | |
81 | 81 | ||
82 | - | 9–501.1. | |
82 | + | 6. An offense involving prostitution under § 11–303, § 22 | |
83 | + | 11–306, or § 11–307 of the Criminal Law Article; 23 | |
83 | 84 | ||
84 | - | ( | |
85 | - | ||
85 | + | 7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 24 | |
86 | + | Article; [or] 25 | |
86 | 87 | ||
87 | - | ( | |
88 | - | ||
88 | + | 8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 26 | |
89 | + | Criminal Law Article; OR 27 | |
89 | 90 | ||
90 | - | (3) “EMERGENCY ” MEANS A CONDITION TH AT: | |
91 | + | 9. A FIRST–TIME VIOLATION FOR M AKING A FALSE 28 | |
92 | + | STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § 29 | |
93 | + | 9–501.1 OF THE CRIMINAL LAW ARTICLE. 30 | |
91 | 94 | ||
92 | - | (I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND | |
95 | + | Article – Criminal Law 31 | |
96 | + | SENATE BILL 881 3 | |
93 | 97 | ||
94 | - | (II) RESULTS IN, OR IS LIKELY TO RESU LT IN: | |
95 | 98 | ||
96 | - | ||
99 | + | 9–501.1. 1 | |
97 | 100 | ||
98 | - | – 3 – | |
101 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2 | |
102 | + | INDICATED. 3 | |
99 | 103 | ||
100 | - | 2 | |
101 | - | ||
104 | + | (2) “CRIME OF VIOLENCE ” HAS THE MEANING STATED IN § 14–101 OF 4 | |
105 | + | THIS ARTICLE. 5 | |
102 | 106 | ||
103 | - | ( | |
107 | + | (3) “EMERGENCY ” MEANS A CONDITION TH AT: 6 | |
104 | 108 | ||
105 | - | (I) | |
109 | + | (I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND 7 | |
106 | 110 | ||
107 | - | (II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL | |
108 | - | GOVERNMENT ; | |
111 | + | (II) RESULTS IN, OR IS LIKELY TO RESU LT IN: 8 | |
109 | 112 | ||
110 | - | (III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC | |
111 | - | SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY | |
112 | - | ARTICLE; OR | |
113 | + | 1. THE RESPONSE OF A PU BLIC OFFICIAL; OR 9 | |
113 | 114 | ||
114 | - | | |
115 | - | ||
115 | + | 2. THE EVACUATION OF AN AREA , A BUILDING, A 10 | |
116 | + | STRUCTURE, A VEHICLE, OR ANY OTHER PLACE . 11 | |
116 | 117 | ||
117 | - | (B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, | |
118 | - | REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A | |
119 | - | CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART | |
120 | - | TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD | |
121 | - | OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE | |
122 | - | TO THE STATEMENT , REPORT, OR COMPLAINT. | |
118 | + | (4) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS: 12 | |
123 | 119 | ||
124 | - | (2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS | |
125 | - | SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G | |
126 | - | THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE ST ATEMENT, | |
127 | - | REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND SERIOUS | |
128 | - | PHYSICAL INJURY OR S EVERE EMOTIONAL DIST RESS TO A PERSON AS A PROXIMATE | |
129 | - | RESULT OF LAWFUL CON DUCT ARISING OUT OF THE RESPONSE . | |
120 | + | (I) A PEACE OFFICER ; 13 | |
130 | 121 | ||
131 | - | (3) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS | |
132 | - | SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLA INT ALLEGING | |
133 | - | THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE ST ATEMENT, | |
134 | - | REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND THE DEAT H | |
135 | - | OF A PERSON AS A PRO XIMATE RESULT OF LAW FUL CONDUCT ARISING OUT OF THE | |
136 | - | RESPONSE. | |
122 | + | (II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL 14 | |
123 | + | GOVERNMENT ; 15 | |
137 | 124 | ||
138 | - | (C) (1) EXCEPT AS PROVIDED IN PARAGRAP H (4) OF THIS SUBSECTION , A | |
139 | - | PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A | |
140 | - | MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT | |
141 | - | EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. | |
142 | - | Ch. 150 2022 LAWS OF MARYLAND | |
125 | + | (III) A PERSON INVOLVED IN THE OPERATION OF A PUBLIC 16 | |
126 | + | SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 17 | |
127 | + | ARTICLE; OR 18 | |
143 | 128 | ||
144 | - | – 4 – | |
145 | - | (2) EXCEPT AS PROVIDED IN PARAGRAP H (4) OF THIS SUBSECTION , A | |
146 | - | PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A | |
147 | - | FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 5 | |
148 | - | YEARS OR A FINE NOT EXCEEDING $10,000. | |
129 | + | (IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR 19 | |
130 | + | WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. 20 | |
149 | 131 | ||
150 | - | (3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A | |
151 | - | PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS G UILTY OF A | |
152 | - | FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 | |
153 | - | YEARS OR A FINE NOT EXCEEDING $20,000. | |
132 | + | (B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, 21 | |
133 | + | REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A 22 | |
134 | + | CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART 23 | |
135 | + | TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD 24 | |
136 | + | OF CAUSING BODIL Y HARM TO AN INDIVID UAL AS A DIRECT RESU LT OF A RESPONSE 25 | |
137 | + | TO THE STATEMENT , REPORT, OR COMPLAINT . 26 | |
154 | 138 | ||
155 | - | ( | |
156 | - | ||
157 | - | THE | |
158 | - | ||
139 | + | (2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS 27 | |
140 | + | SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 28 | |
141 | + | THE COMMISSION OF A CRIME OF VIOLEN CE IF THE RESULT OF THE STATEMENT , 29 | |
142 | + | REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND SERIOUS 30 4 SENATE BILL 881 | |
159 | 143 | ||
160 | - | (5) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS | |
161 | - | SUBSECTION, A COURT, IN IMPOSING A SENTENCE ON A PERSON CONVICTE D OF | |
162 | - | VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY | |
163 | - | INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT | |
164 | - | ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . | |
165 | 144 | ||
166 | - | ||
167 | - | ||
145 | + | PHYSICAL INJURY OR S EVERE EMOTIONAL DIST RESS TO A PERSON AS A PROXIMATE 1 | |
146 | + | RESULT OF LAWFUL CON DUCT ARISING OUT OF THE RESPONSE . 2 | |
168 | 147 | ||
169 | - | (1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE | |
170 | - | STATEMENT, REPORT, OR COMPLAINT ; | |
148 | + | (3) A PERSON MAY NOT VIO LATE PARAGRAPH (1) OF THIS 3 | |
149 | + | SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 4 | |
150 | + | THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE ST ATEMENT, 5 | |
151 | + | REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND THE DEAT H 6 | |
152 | + | OF A PERSON AS A PR OXIMATE RESULT OF LA WFUL CONDUCT ARISING OUT OF THE 7 | |
153 | + | RESPONSE. 8 | |
171 | 154 | ||
172 | - | (2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT | |
173 | - | WAS RECEIVED BY A GOVERNMENTAL EMERGEN CY REPORT RECIPIENT ; OR | |
155 | + | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 9 | |
156 | + | PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A 10 | |
157 | + | MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 11 | |
158 | + | EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 12 | |
174 | 159 | ||
175 | - | (3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT | |
176 | - | RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT . | |
160 | + | (2) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 13 | |
161 | + | PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A 14 | |
162 | + | FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 5 15 | |
163 | + | YEARS OR A FINE NOT EXCEEDING $10,000. 16 | |
177 | 164 | ||
178 | - | (E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS | |
179 | - | SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY | |
180 | - | INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. | |
165 | + | (3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A 17 | |
166 | + | PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS G UILTY OF A 18 | |
167 | + | FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 19 | |
168 | + | YEARS OR A FINE NOT EXCEEDI NG $20,000. 20 | |
181 | 169 | ||
182 | - | (F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. § | |
183 | - | 230 OR 42 U.S.C. § 1983. | |
170 | + | (4) A PERSON UNDER THE AGE OF 18 YEARS WHO VIOLATES T HIS 21 | |
171 | + | SECTION FOR THE FIRS T TIME IS GUILTY OF A CIVIL OFFENSE AND IS SUBJECT TO 22 | |
172 | + | THE PROCEDURES AND D ISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE 8A OF THE 23 | |
173 | + | COURTS ARTICLE. 24 | |
184 | 174 | ||
185 | - | 10–307. | |
186 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 150 | |
175 | + | (5) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS 25 | |
176 | + | SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF 26 | |
177 | + | VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY 27 | |
178 | + | INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT 28 | |
179 | + | ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . 29 | |
187 | 180 | ||
188 | - | – 5 – | |
189 | - | (A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A | |
190 | - | sentence imposed under this subtitle may be separate from and consecutive to or concurrent | |
191 | - | with a sentence for any crime based on the act establishing the violation of this subtitle. | |
181 | + | (D) A PERSON WHO VIOLATES THIS SECTION MAY BE PROSECUTED , 30 | |
182 | + | INDICTED, TRIED, AND CONVICTED IN : 31 | |
192 | 183 | ||
193 | - | (B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS | |
194 | - | SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE | |
195 | - | IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE | |
196 | - | IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. | |
184 | + | (1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE 32 | |
185 | + | STATEMENT, REPORT, OR COMPLAINT ; 33 | |
197 | 186 | ||
198 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or | |
199 | - | the application thereof to any person or circumstance is held invalid for any reason in a | |
200 | - | court of competent jurisdiction, the invalidity does not affect other provisions or any other | |
201 | - | application of this Act that can be given effect without the invalid provision or application, | |
202 | - | and for this purpose the provisions of this Act are declared severable. | |
187 | + | (2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT 34 | |
188 | + | WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR 35 SENATE BILL 881 5 | |
203 | 189 | ||
204 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
205 | - | October 1, 2022. | |
206 | 190 | ||
207 | - | (a) There is a Task Force to Study the Practice Known as “Swatting”. | |
208 | 191 | ||
209 | - | (b) The Task Force consists of the following members: | |
192 | + | (3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT 1 | |
193 | + | RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT . 2 | |
210 | 194 | ||
211 | - | (1) three members of the Senate of Maryland, appointed by the President | |
212 | - | of the Senate; | |
195 | + | (E) IN ADDITION TO ANY PENALTIES UND ER SUBSECTION (C) OF THIS 3 | |
196 | + | SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY 4 | |
197 | + | INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. 5 | |
213 | 198 | ||
214 | - | ( | |
215 | - | ||
199 | + | (F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. § 6 | |
200 | + | 230 OR 42 U.S.C. § 1983. 7 | |
216 | 201 | ||
217 | - | ||
202 | + | 10–307. 8 | |
218 | 203 | ||
219 | - | (4) the Chair of the Anti–Defamation League, or the Chair’s designee; | |
204 | + | (A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 9 | |
205 | + | sentence imposed under this subtitle may be separate from and consecutive to or concurrent 10 | |
206 | + | with a sentence for any crime based on the act establishing the violation of this subtitle. 11 | |
220 | 207 | ||
221 | - | (5) the Executive Director of the Maryland Chiefs of Police Association, or | |
222 | - | the Executive Director’s designee; | |
208 | + | (B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS 12 | |
209 | + | SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE 13 | |
210 | + | IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE 14 | |
211 | + | IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. 15 | |
223 | 212 | ||
224 | - | (6) the Executive Director of the Maryland Sheriffs’ Association, or the | |
225 | - | Executive Director’s designee; | |
213 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 16 | |
214 | + | the application thereof to any person or circumstance is held invalid for any reason in a 17 | |
215 | + | court of competent jurisdiction, the invalidity does not affect other provisions or any other 18 | |
216 | + | application of this Act that can be given effect without the invalid provision or application, 19 | |
217 | + | and for this purpose the provisions of this Act are declared severable. 20 | |
226 | 218 | ||
227 | - | | |
228 | - | ||
219 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
220 | + | October 1, 2022. 22 | |
229 | 221 | ||
230 | - | (8) the President of the Maryland Conference of the National Association | |
231 | - | for the Advancement of Colored People, or the President’s designee. | |
222 | + | (a) There is a Task Force to Study the Practice Known as “Swatting”. 23 | |
232 | 223 | ||
233 | - | (c) The Task Force shall designate the chair of the Task Force. | |
234 | - | Ch. 150 2022 LAWS OF MARYLAND | |
224 | + | (b) The Task Force consists of the following members: 24 | |
235 | 225 | ||
236 | - | ||
237 | - | ||
226 | + | (1) three members of the Senate of Maryland, appointed by the President 25 | |
227 | + | of the Senate; 26 | |
238 | 228 | ||
239 | - | (e) A member of the Task Force: | |
229 | + | (2) three members of the House of Delegates, appointed by the Speaker of 27 | |
230 | + | the House; 28 | |
240 | 231 | ||
241 | - | ( | |
232 | + | (3) the Public Defender, or the Public Defender’s designee; 29 | |
242 | 233 | ||
243 | - | ( | |
244 | - | ||
234 | + | (4) the Chair of the Anti–Defamation League, or the Chair’s designee; 30 | |
235 | + | 6 SENATE BILL 881 | |
245 | 236 | ||
246 | - | (f) The Task Force shall: | |
247 | 237 | ||
248 | - | ( | |
249 | - | ||
238 | + | (5) the Executive Director of the Maryland Chiefs of Police Association, or 1 | |
239 | + | the Executive Director’s designee; 2 | |
250 | 240 | ||
251 | - | ( | |
252 | - | ||
241 | + | (6) the Executive Director of the Maryland Sheriffs’ Association, or the 3 | |
242 | + | Executive Director’s designee; 4 | |
253 | 243 | ||
254 | - | (g) On or before June 1, 2023, the Task Force shall report its findings and | |
255 | - | recommendations to the Governor and, in accordance with § 2 –1257 of the State | |
256 | - | Government Article, the General Assembly. | |
244 | + | (7) the President of the Maryland State’s Attorneys’ Association, or the 5 | |
245 | + | President’s designee; and 6 | |
257 | 246 | ||
258 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June | |
259 | - | 1, 2022. It shall remain effective for a period of 1 year and 9 months and, at the end of | |
260 | - | February 28, 2023, this Act, with no further action required by the General Assembly, shall | |
261 | - | be abrogated and of no further force and effect. | |
247 | + | (8) the President of the Maryland Conference of the National Association 7 | |
248 | + | for the Advancement of Colored People, or the President’s designee. 8 | |
262 | 249 | ||
263 | - | Approved by the Governor, April 21, 2022. | |
250 | + | (c) The Task Force shall designate the chair of the Task Force. 9 | |
251 | + | ||
252 | + | (d) The Office of the Attorney General shall provide staff for the Task Force. 10 | |
253 | + | ||
254 | + | (e) A member of the Task Force: 11 | |
255 | + | ||
256 | + | (1) may not receive compensation as a member of the Task Force; but 12 | |
257 | + | ||
258 | + | (2) is entitled to reimbursement for expenses under the Standard State 13 | |
259 | + | Travel Regulations, as provided in the State budget. 14 | |
260 | + | ||
261 | + | (f) The Task Force shall: 15 | |
262 | + | ||
263 | + | (1) study the laws applicable to, and otherwise relating to, the practice 16 | |
264 | + | known as “swatting”; and 17 | |
265 | + | ||
266 | + | (2) make recommendations relating to legislative changes to prohibit the 18 | |
267 | + | practice known as “swatting”. 19 | |
268 | + | ||
269 | + | (g) On or before June 1, 2023, the Task Force shall report its findings and 20 | |
270 | + | recommendations to the Governor and, in accordance with § 2 –1257 of the State 21 | |
271 | + | Government Article, the General Assembly. 22 | |
272 | + | ||
273 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23 | |
274 | + | 1, 2022. It shall remain effective for a period of 1 year and 9 months and, at the end of 24 | |
275 | + | February 28, 2023, this Act, with no further action required by the General Assembly, shall 25 | |
276 | + | be abrogated and of no further force and effect. 26 | |
277 | + | ||
278 | + | ||
279 | + |