Maryland 2023 Regular Session

Maryland Senate Bill SB340 Compare Versions

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1- WES MOORE, Governor Ch. 699
21
3-– 1 –
4-Chapter 699
5-(Senate Bill 340)
62
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*
89
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
1119
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 ______
1721
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
2323
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
2926
30-BY repealing and reenacting, with amendments,
31- Article – Criminal Law
32-Section 10–307
33- Annotated Code of Maryland
34- (2021 Replacement Volume and 2022 Supplement)
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
3532
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
3838
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
4044
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
4249
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:
4550
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
4952
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
5355
54- 3. A technical violation, as defined in § 3–8A–19.6 of this
55-subtitle; OR
56+Article – Courts and Judicial Proceedings 4
5657
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
6059
61- (ii) This paragraph may not be construed to prohibit the court from
62-committing the child to another appropriate agency.
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
6362
64-Article – Criminal Law
63+ 1. Possession of cannabis under § 5–601(c)(2)(ii) of the 8
64+Criminal Law Article; 9
6565
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
6768
68- (A) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS
69-INDICATED.
69+ 3. A technical violation, as defined in § 3–8A–19.6 of this 12
70+subtitle; OR 13
7071
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
7275
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
7478
75- (II) RESULTS IN, OR IS LIKELY TO RESU LT IN:
79+Article – Criminal Law 19
7680
77- 1. THE RESPONSE OF A PU BLIC OFFICIAL; OR
81+9–501.1. 20
7882
79- 2. THE EVACUATION OF AN AREA, A BUILDING, A
80-STRUCTURE, A VEHICLE, OR ANY OTHER PLACE .
83+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
84+INDICATED. 22
8185
82- (3) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS:
86+ (2) “EMERGENCY ” MEANS A CONDITION TH AT: 23
8387
84- (I) A PEACE OFFICER ;
88+ (I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND 24
8589
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
8891
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
9293
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
9597
96-– 3 –
9798
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
104100
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
111102
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
116105
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
121109
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
125112
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
131119
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
134126
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
137131
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
141136
142- 4 –
143- (3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT
144-RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT .
137+ (3) A FIRSTTIME 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
145140
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
149143
150- (F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. §
151-230 OR 42 U.S.C. § 1983.
152144
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
154148
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
158151
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
163154
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
169157
170- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
171-October 1, 2023.
158+ (3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT 10
159+RECIPIENT RESPONDED TO THE STATE MENT, REPORT, OR COMPLAINT . 11
172160
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+