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.
*sb0340*
SENATE BILL 340
E1 3lr1069
CF HB 745
By: Senators Kagan and Waldstreicher
Introduced and read first time: January 30, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 8, 2023
CHAPTER ______
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 2 SENATE BILL 340
(2021 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Courts and Judicial Proceedings 4
3–8A–19. 5
(d) (3) (i) A child may not be committed to the Department of Juvenile 6
Services for out–of–home placement if the most serious offense is: 7
1. Possession of cannabis under § 5–601(c)(2)(ii) of the 8
Criminal Law Article; 9
2. An offense that would be a misdemeanor if committed by 10
an adult, unless the offense involves a firearm; [or] 11
3. A technical violation, as defined in § 3–8A–19.6 of this 12
subtitle; OR 13
4. A FIRST–TIME VIOLATION FOR M AKING A FALSE 14
STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § 15
9–501.1 OF THE CRIMINAL LAW ARTICLE. 16
(ii) This paragraph may not be construed to prohibit the court from 17
committing the child to another appropriate agency. 18
Article – Criminal Law 19
9–501.1. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “EMERGENCY ” MEANS A CONDITION TH AT: 23
(I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND 24
(II) RESULTS IN, OR IS LIKELY TO RESU LT IN: 25
1. THE RESPONSE OF A PU BLIC OFFICIAL; OR 26
2. THE EVACUATION OF AN AREA, A BUILDING, A 27
STRUCTURE, A VEHICLE, OR ANY OTHER PLACE . 28
SENATE BILL 340 3
(3) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS: 1
(I) A PEACE OFFICER ; 2
(II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL 3
GOVERNMENT ; 4
(III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC 5
SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 6
ARTICLE; OR 7
(IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR 8
WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. 9
(B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, 10
REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A 11
CRIME THAT THE PERSON KNOWS TO BE FALSE AS A WHOLE OR IN MATERIAL PART 12
TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD 13
OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE 14
TO THE STATEMENT , REPORT, OR COMPLAINT . 15
(2) A PERSON MAY NOT VIOLATE P ARAGRAPH (1) OF THIS 16
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 17
THE COMMISSION OF A CRIME IF THE RESULT OF THE STATEMENT , REPORT, OR 18
COMPLAINT IS A RESPO NSE FROM LAW ENFORCE MENT AND SERIOUS PHY SICAL 19
INJURY OR SEVERE EMOTIONAL DIS TRESS TO A PERSON OR THE D EATH OF A PERSON 20
AS A PROXIMATE RESUL T OF LAWFUL CONDUCT ARISING OUT OF THE R ESPONSE. 21
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 22
PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS GUILTY OF A 23
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 24
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. 25
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 26
PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A 27
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 28
YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH. 29
(3) A FIRST–TIME VIOLATION OF TH IS SECTION BY A MINO R IS A CIVIL 30
OFFENSE SUBJECT TO T HE PROCEDURES AND DI SPOSITIONS PROVIDED IN TITLE 3, 31
SUBTITLE 8A OF THE COURTS ARTICLE. 32
(4) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS 33
SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF 34 4 SENATE BILL 340
VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY 1
INDIVIDUAL WHO INCUR S DAMAGES AS A PROXIMAT E RESULT OF LAWFUL C ONDUCT 2
ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . 3
(D) A PERSON WHO VIOLATES THIS SECTION MAY BE CHARGED, 4
PROSECUTED , TRIED, AND CONVICTED IN : 5
(1) THE COUNTY WHERE THE DEFENDANT MADE THE FALSE 6
STATEMENT, REPORT, OR COMPLAINT ; 7
(2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT 8
WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR 9
(3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT 10
RECIPIENT RESPONDED TO THE STATE MENT, REPORT, OR COMPLAINT . 11
(E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS 12
SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY 13
INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. 14
(F) THIS SECTION MAY NOT BE CONSTRUED TO CONFLICT WITH 47 U.S.C. § 15
230 OR 42 U.S.C. § 1983. 16
10–307. 17
(A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 18
sentence imposed under this subtitle may be separate from and consecutive to or concurrent 19
with a sentence for any crime based on the act establishing the violation of this subtitle. 20
(B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS 21
SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE 22
IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE 23
IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25
the application thereof to any person or circumstance is held invalid for any reason in a 26
court of competent jurisdiction, the invalidity does not affect other provisions or any other 27
application of this Act that can be given effect without the invalid provision or application, 28
and for this purpose the provisions of this Act are declared severable. 29
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2023. 31