Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 699 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 699 | |
5 | - | (Senate Bill 340) | |
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 | + | *sb0340* | |
8 | 9 | ||
9 | - | Criminal Law – False Statements – Emergency or Commission of Crime | |
10 | - | (Antiswatting Act of 2023) | |
10 | + | SENATE BILL 340 | |
11 | + | E1 3lr1069 | |
12 | + | CF HB 745 | |
13 | + | By: Senators Kagan and Waldstreicher | |
14 | + | Introduced and read first time: January 30, 2023 | |
15 | + | Assigned to: Judicial Proceedings | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: March 8, 2023 | |
11 | 19 | ||
12 | - | FOR the purpose of prohibiting a person from making or causing to be made a false | |
13 | - | statement, report, or complaint to a governmental emergency report recipient with | |
14 | - | reckless disregard of causing bodily harm; providing that a person who violates this | |
15 | - | Act is civilly liable to an individual harmed by the violation; and generally relating | |
16 | - | to crimes involving the making of false statements. | |
20 | + | CHAPTER ______ | |
17 | 21 | ||
18 | - | BY repealing and reenacting, with amendments, | |
19 | - | Article – Courts and Judicial Proceedings | |
20 | - | Section 3–8A–19(d)(3) | |
21 | - | Annotated Code of Maryland | |
22 | - | (2020 Replacement Volume and 2022 Supplement) | |
22 | + | AN ACT concerning 1 | |
23 | 23 | ||
24 | - | BY adding to | |
25 | - | Article – Criminal Law | |
26 | - | Section 9–501.1 | |
27 | - | Annotated Code of Maryland | |
28 | - | (2021 Replacement Volume and 2022 Supplement) | |
24 | + | Criminal Law – False Statements – Emergency or Commission of Crime 2 | |
25 | + | (Antiswatting Act of 2023) 3 | |
29 | 26 | ||
30 | - | ||
31 | - | ||
32 | - | ||
33 | - | ||
34 | - | ||
27 | + | FOR the purpose of prohibiting a person from making or causing to be made a false 4 | |
28 | + | statement, report, or complaint to a governmental emergency report recipient with 5 | |
29 | + | reckless disregard of causing bodily harm; providing that a person who violates this 6 | |
30 | + | Act is civilly liable to an individual harmed by the violation; and generally relating 7 | |
31 | + | to crimes involving the making of false statements. 8 | |
35 | 32 | ||
36 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
37 | - | That the Laws of Maryland read as follows: | |
33 | + | BY repealing and reenacting, with amendments, 9 | |
34 | + | Article – Courts and Judicial Proceedings 10 | |
35 | + | Section 3–8A–19(d)(3) 11 | |
36 | + | Annotated Code of Maryland 12 | |
37 | + | (2020 Replacement Volume and 2022 Supplement) 13 | |
38 | 38 | ||
39 | - | Article – Courts and Judicial Proceedings | |
39 | + | BY adding to 14 | |
40 | + | Article – Criminal Law 15 | |
41 | + | Section 9–501.1 16 | |
42 | + | Annotated Code of Maryland 17 | |
43 | + | (2021 Replacement Volume and 2022 Supplement) 18 | |
40 | 44 | ||
41 | - | 3–8A–19. | |
45 | + | BY repealing and reenacting, with amendments, 19 | |
46 | + | Article – Criminal Law 20 | |
47 | + | Section 10–307 21 | |
48 | + | Annotated Code of Maryland 22 2 SENATE BILL 340 | |
42 | 49 | ||
43 | - | (d) (3) (i) A child may not be committed to the Department of Juvenile | |
44 | - | Services for out–of–home placement if the most serious offense is: | |
45 | 50 | ||
46 | - | 1. Possession of cannabis under § 5–601(c)(2)(ii) of the | |
47 | - | Criminal Law Article; | |
48 | - | Ch. 699 2023 LAWS OF MARYLAND | |
51 | + | (2021 Replacement Volume and 2022 Supplement) 1 | |
49 | 52 | ||
50 | - | – 2 – | |
51 | - | 2. An offense that would be a misdemeanor if committed by | |
52 | - | an adult, unless the offense involves a firearm; [or] | |
53 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
54 | + | That the Laws of Maryland read as follows: 3 | |
53 | 55 | ||
54 | - | 3. A technical violation, as defined in § 3–8A–19.6 of this | |
55 | - | subtitle; OR | |
56 | + | Article – Courts and Judicial Proceedings 4 | |
56 | 57 | ||
57 | - | 4. A FIRST–TIME VIOLATION FOR M AKING A FALSE | |
58 | - | STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § | |
59 | - | 9–501.1 OF THE CRIMINAL LAW ARTICLE. | |
58 | + | 3–8A–19. 5 | |
60 | 59 | ||
61 | - | ( | |
62 | - | ||
60 | + | (d) (3) (i) A child may not be committed to the Department of Juvenile 6 | |
61 | + | Services for out–of–home placement if the most serious offense is: 7 | |
63 | 62 | ||
64 | - | Article – Criminal Law | |
63 | + | 1. Possession of cannabis under § 5–601(c)(2)(ii) of the 8 | |
64 | + | Criminal Law Article; 9 | |
65 | 65 | ||
66 | - | 9–501.1. | |
66 | + | 2. An offense that would be a misdemeanor if committed by 10 | |
67 | + | an adult, unless the offense involves a firearm; [or] 11 | |
67 | 68 | ||
68 | - | | |
69 | - | ||
69 | + | 3. A technical violation, as defined in § 3–8A–19.6 of this 12 | |
70 | + | subtitle; OR 13 | |
70 | 71 | ||
71 | - | (2) “EMERGENCY ” MEANS A CONDITION TH AT: | |
72 | + | 4. A FIRST–TIME VIOLATION FOR M AKING A FALSE 14 | |
73 | + | STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER § 15 | |
74 | + | 9–501.1 OF THE CRIMINAL LAW ARTICLE. 16 | |
72 | 75 | ||
73 | - | (I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND | |
76 | + | (ii) This paragraph may not be construed to prohibit the court from 17 | |
77 | + | committing the child to another appropriate agency. 18 | |
74 | 78 | ||
75 | - | ||
79 | + | Article – Criminal Law 19 | |
76 | 80 | ||
77 | - | ||
81 | + | 9–501.1. 20 | |
78 | 82 | ||
79 | - | | |
80 | - | ||
83 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21 | |
84 | + | INDICATED. 22 | |
81 | 85 | ||
82 | - | ( | |
86 | + | (2) “EMERGENCY ” MEANS A CONDITION TH AT: 23 | |
83 | 87 | ||
84 | - | (I) | |
88 | + | (I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND 24 | |
85 | 89 | ||
86 | - | (II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL | |
87 | - | GOVERNMENT ; | |
90 | + | (II) RESULTS IN, OR IS LIKELY TO RESU LT IN: 25 | |
88 | 91 | ||
89 | - | (III) A PERSON INVOLVED IN T HE OPERATION OF A PU BLIC | |
90 | - | SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY | |
91 | - | ARTICLE; OR | |
92 | + | 1. THE RESPONSE OF A PU BLIC OFFICIAL; OR 26 | |
92 | 93 | ||
93 | - | (IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR | |
94 | - | WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. WES MOORE, Governor Ch. 699 | |
94 | + | 2. THE EVACUATION OF AN AREA, A BUILDING, A 27 | |
95 | + | STRUCTURE, A VEHICLE, OR ANY OTHER PLACE . 28 | |
96 | + | SENATE BILL 340 3 | |
95 | 97 | ||
96 | - | – 3 – | |
97 | 98 | ||
98 | - | (B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, | |
99 | - | REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A | |
100 | - | CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART | |
101 | - | TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD | |
102 | - | OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE | |
103 | - | TO THE STATEMENT , REPORT, OR COMPLAINT . | |
99 | + | (3) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS: 1 | |
104 | 100 | ||
105 | - | (2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS | |
106 | - | SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G | |
107 | - | THE COMMISSI ON OF A CRIME IF THE RESULT OF THE STATEM ENT, REPORT, OR | |
108 | - | COMPLAINT IS A RESPO NSE FROM LAW ENFORCE MENT AND SERIOUS PHY SICAL | |
109 | - | INJURY OR SEVERE EMOTIONAL DISTRESS TO A PERSON OR THE D EATH OF A PERSON | |
110 | - | AS A PROXIMATE RESUL T OF LAWFUL CONDUCT ARISING OUT OF THE R ESPONSE. | |
101 | + | (I) A PEACE OFFICER ; 2 | |
111 | 102 | ||
112 | - | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A | |
113 | - | PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A | |
114 | - | MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT | |
115 | - | EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. | |
103 | + | (II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL 3 | |
104 | + | GOVERNMENT ; 4 | |
116 | 105 | ||
117 | - | (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A | |
118 | - | PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A | |
119 | - | FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 | |
120 | - | YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH. | |
106 | + | (III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC 5 | |
107 | + | SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 6 | |
108 | + | ARTICLE; OR 7 | |
121 | 109 | ||
122 | - | (3) A FIRST–TIME VIOLATION OF TH IS SECTION BY A MINO R IS A CIVIL | |
123 | - | OFFENSE SUBJECT TO T HE PROCEDURES AND DI SPOSITIONS PROVIDED IN TITLE 3, | |
124 | - | SUBTITLE 8A OF THE COURTS ARTICLE. | |
110 | + | (IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR 8 | |
111 | + | WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y. 9 | |
125 | 112 | ||
126 | - | (4) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS | |
127 | - | SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF | |
128 | - | VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY | |
129 | - | INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT | |
130 | - | ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . | |
113 | + | (B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT, 10 | |
114 | + | REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A 11 | |
115 | + | CRIME THAT THE PERSON KNOWS TO BE FALSE AS A WHOLE OR IN MATERIAL PART 12 | |
116 | + | TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD 13 | |
117 | + | OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE 14 | |
118 | + | TO THE STATEMENT , REPORT, OR COMPLAINT . 15 | |
131 | 119 | ||
132 | - | (D) A PERSON WHO VIOLATES THIS SECTION MAY BE CHARGED, | |
133 | - | PROSECUTED , TRIED, AND CONVICTED IN : | |
120 | + | (2) A PERSON MAY NOT VIOLATE P ARAGRAPH (1) OF THIS 16 | |
121 | + | SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G 17 | |
122 | + | THE COMMISSION OF A CRIME IF THE RESULT OF THE STATEMENT , REPORT, OR 18 | |
123 | + | COMPLAINT IS A RESPO NSE FROM LAW ENFORCE MENT AND SERIOUS PHY SICAL 19 | |
124 | + | INJURY OR SEVERE EMOTIONAL DIS TRESS TO A PERSON OR THE D EATH OF A PERSON 20 | |
125 | + | AS A PROXIMATE RESUL T OF LAWFUL CONDUCT ARISING OUT OF THE R ESPONSE. 21 | |
134 | 126 | ||
135 | - | (1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE | |
136 | - | STATEMENT, REPORT, OR COMPLAINT ; | |
127 | + | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 22 | |
128 | + | PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS GUILTY OF A 23 | |
129 | + | MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 24 | |
130 | + | EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. 25 | |
137 | 131 | ||
138 | - | (2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT | |
139 | - | WAS RECEIVED BY A GOVERNMENTAL EMERGEN CY REPORT RECIPIENT ; OR | |
140 | - | Ch. 699 2023 LAWS OF MARYLAND | |
132 | + | (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 26 | |
133 | + | PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A 27 | |
134 | + | FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 28 | |
135 | + | YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH. 29 | |
141 | 136 | ||
142 | - | – | |
143 | - | ||
144 | - | ||
137 | + | (3) A FIRST–TIME VIOLATION OF TH IS SECTION BY A MINO R IS A CIVIL 30 | |
138 | + | OFFENSE SUBJECT TO T HE PROCEDURES AND DI SPOSITIONS PROVIDED IN TITLE 3, 31 | |
139 | + | SUBTITLE 8A OF THE COURTS ARTICLE. 32 | |
145 | 140 | ||
146 | - | (E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS | |
147 | - | SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY | |
148 | - | INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. | |
141 | + | (4) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS 33 | |
142 | + | SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF 34 4 SENATE BILL 340 | |
149 | 143 | ||
150 | - | (F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. § | |
151 | - | 230 OR 42 U.S.C. § 1983. | |
152 | 144 | ||
153 | - | 10–307. | |
145 | + | VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY 1 | |
146 | + | INDIVIDUAL WHO INCUR S DAMAGES AS A PROXIMAT E RESULT OF LAWFUL C ONDUCT 2 | |
147 | + | ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT . 3 | |
154 | 148 | ||
155 | - | (A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A | |
156 | - | sentence imposed under this subtitle may be separate from and consecutive to or concurrent | |
157 | - | with a sentence for any crime based on the act establishing the violation of this subtitle. | |
149 | + | (D) A PERSON WHO VIOLATES THIS SECTION MAY BE CHARGED, 4 | |
150 | + | PROSECUTED , TRIED, AND CONVICTED IN : 5 | |
158 | 151 | ||
159 | - | (B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS | |
160 | - | SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE | |
161 | - | IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE | |
162 | - | IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. | |
152 | + | (1) THE COUNTY WHERE THE DEFENDANT MADE THE FALSE 6 | |
153 | + | STATEMENT, REPORT, OR COMPLAINT ; 7 | |
163 | 154 | ||
164 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or | |
165 | - | the application thereof to any person or circumstance is held invalid for any reason in a | |
166 | - | court of competent jurisdiction, the invalidity does not affect other provisions or any other | |
167 | - | application of this Act that can be given effect without the invalid provision or application, | |
168 | - | and for this purpose the provisions of this Act are declared severable. | |
155 | + | (2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT 8 | |
156 | + | WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR 9 | |
169 | 157 | ||
170 | - | | |
171 | - | ||
158 | + | (3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT 10 | |
159 | + | RECIPIENT RESPONDED TO THE STATE MENT, REPORT, OR COMPLAINT . 11 | |
172 | 160 | ||
173 | - | Approved by the Governor, May 16, 2023. | |
161 | + | (E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS 12 | |
162 | + | SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY 13 | |
163 | + | INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION. 14 | |
164 | + | ||
165 | + | (F) THIS SECTION MAY NOT BE CONSTRUED TO CONFLICT WITH 47 U.S.C. § 15 | |
166 | + | 230 OR 42 U.S.C. § 1983. 16 | |
167 | + | ||
168 | + | 10–307. 17 | |
169 | + | ||
170 | + | (A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 18 | |
171 | + | sentence imposed under this subtitle may be separate from and consecutive to or concurrent 19 | |
172 | + | with a sentence for any crime based on the act establishing the violation of this subtitle. 20 | |
173 | + | ||
174 | + | (B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS 21 | |
175 | + | SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE 22 | |
176 | + | IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE 23 | |
177 | + | IMPOSED UNDER § 9–501.1 OF THIS ARTICLE. 24 | |
178 | + | ||
179 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25 | |
180 | + | the application thereof to any person or circumstance is held invalid for any reason in a 26 | |
181 | + | court of competent jurisdiction, the invalidity does not affect other provisions or any other 27 | |
182 | + | application of this Act that can be given effect without the invalid provision or application, 28 | |
183 | + | and for this purpose the provisions of this Act are declared severable. 29 | |
184 | + | ||
185 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 | |
186 | + | October 1, 2023. 31 | |
187 | + |