EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0340*
SENATE BILL 340
E1 3lr1069
CF 3lr1070
By: Senators Kagan and Waldstreicher
Introduced and read first time: January 30, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – False Statements – Emergency or Commission of Crime 2
(Antiswatting Act of 2023) 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) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2022 Supplement) 13
BY adding to 14
Article – Criminal Law 15
Section 9–501.1 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2022 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 2022 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 340
3–8A–19. 1
(d) (3) (i) A child may not be committed to the Department of Juvenile 2
Services for out–of–home placement if the most serious offense is: 3
1. Possession of cannabis under § 5–601(c)(2)(ii) of the 4
Criminal Law Article; 5
2. An offense that would be a misdemeanor if committed by 6
an adult, unless the offense involves a firearm; [or] 7
3. A technical violation, as defined in § 3–8A–19.6 of this 8
subtitle; OR 9
4. A FIRST–TIME VIOLATION FOR M AKING A FALSE 10
STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § 11
9–501.1 OF THE CRIMINAL LAW ARTICLE. 12
(ii) This paragraph may not be construed to prohibit the court from 13
committing the child to another appropriate agency. 14
Article – Criminal Law 15
9–501.1. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “EMERGENCY ” MEANS A CONDITION TH AT: 19
(I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND 20
(II) RESULTS IN, OR IS LIKELY TO RESU LT IN: 21
1. THE RESPONSE OF A PU BLIC OFFICIAL; OR 22
2. THE EVACUATION OF AN AREA, A BUILDING, A 23
STRUCTURE, A VEHICLE, OR ANY OTHER PLACE . 24
(3) “GOVERNMENTAL EMERGENCY REPORT REC IPIENT” MEANS: 25
(I) A PEACE OFFICER ; 26
(II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL 27 SENATE BILL 340 3
GOVERNMENT ; 1
(III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC 2
SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 3
ARTICLE; OR 4
(IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR 5
WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. 6
(B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, 7
REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSI ON OF A 8
CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART 9
TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD 10
OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE 11
TO THE STATEMENT , REPORT, OR COMPLA INT. 12
(2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS 13
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 14
THE COMMISSION OF A CRIME IF THE RESULT OF THE STATEMENT , REPORT, OR 15
COMPLAINT IS A RESPO NSE FROM LAW ENFORCE MENT AND SERIOUS P HYSICAL 16
INJURY OR SEVERE EMO TIONAL DISTRESS TO A PERSON OR THE DEATH OF A PE RSON 17
AS A PROXIMATE RESUL T OF LAWFUL CONDUCT ARISING OUT OF THE R ESPONSE. 18
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 19
PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A 20
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 21
EXCEEDING 3 YEARS OR A FINE NOT EXCEED ING $2,000 OR BOTH. 22
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 23
PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS GUIL TY OF A 24
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 25
YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH. 26
(3) A FIRST–TIME VIOLATION OF TH IS SECTION BY A MINOR IS A CIVIL 27
OFFENSE SUBJECT TO T HE PROCEDURES AND DI SPOSITIONS PROVIDED IN TITLE 3, 28
SUBTITLE 8A OF THE COURTS ARTICLE. 29
(4) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS 30
SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF 31
VIOLATING T HIS SECTION , MAY ORDER THE PERSON TO REIMBURSE ANY 32
INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT 33
ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . 34
4 SENATE BILL 340
(D) A PERSON WHO VIOLATES THIS SECTION MAY BE CHARGED, 1
PROSECUTE D, TRIED, AND CONVICTED IN : 2
(1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE 3
STATEMENT, REPORT, OR COMPLAINT ; 4
(2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT 5
WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR 6
(3) THE COUNTY IN WHICH A GOVERNMEN TAL EMERGENCY REPORT 7
RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT . 8
(E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS 9
SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY 10
INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. 11
(F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. § 12
230 OR 42 U.S.C. § 1983. 13
10–307. 14
(A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 15
sentence imposed under this subtitle may be separate from and consecutive to or concurrent 16
with a sentence for any crime based on the act establishing the violation of this subtitle. 17
(B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS 18
SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE, A SENTENCE 19
IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE 20
IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 22
the application thereof to any person or circumstance is held invalid for any reason in a 23
court of competent jurisdiction, the invalidity does not affect other provisions or any other 24
application of this Act that can be given effect without the invalid provision or application, 25
and for this purpose the provisions of this Act are declared severable. 26
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2023. 28