Maryland 2024 Regular Session

Maryland House Bill HB555 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0555
6	6
7	7	HOUSE BILL 555
8	8	E1, D3 4lr0749
9	9
10	10	By: Delegates A. Johnson, Acevero, Boafo, Forbes, Grammer, Grossman,
11	11	S. Johnson, Kerr, McCaskill, McComas, Phillips, Pruski, Simmons, Taveras,
12	12	Taylor, and Terrasa
13	13	Introduced and read first time: January 24, 2024
14	14	Assigned to: Judiciary
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Criminal Law – Unauthorized Dissemination of Personal Identifying 2
21	21	Information – Prohibition 3
22	22
23	23	FOR the purpose of prohibiting the unauthorized dissemination of certain personal 4
24	24	identifying information for certain purposes; establishing a cause of action for a 5
25	25	person injured by a violation of this Act; establishing a certain defense; and generally 6
26	26	relating to a prohibition against the unauthorized dissemination of personal 7
27	27	identifying information. 8
28	28
29	29	BY adding to 9
30	30	Article – Criminal Law 10
31	31	Section 3–810 11
32	32	Annotated Code of Maryland 12
33	33	(2021 Replacement Volume and 2023 Supplement) 13
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
36	36	That the Laws of Maryland read as follows: 15
37	37
38	38	Article – Criminal Law 16
39	39
40	40	3–810. 17
41	41
42	42	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
43	43	INDICATED. 19
44	44
45	45	(2) (I) “DISSEMINATE” MEANS TO CIRCULATE, DELIVER, 20
46	46	DISTRIBUTE, TRANSMIT, PUBLISH, POST, OR OTHERWISE DISCLOS E INFORMATION 21
47	47	IN A PUBLIC FORUM . 22 2 HOUSE BILL 555
48	48
49	49
50	50
51	51	(II) “DISSEMINATE” DOES NOT INCLUDE A PRIVATE WRITING OR 1
52	52	ELECTRONIC COMMUNICA TION TO ANOTHER FOR WHICH AN INDIVIDUAL HAS A 2
53	53	REASONABLE EXPECTATI ON OF PRIVACY. 3
54	54
55	55	(3) “HOUSEHOLD MEMBER ” MEANS AN INDIVIDUAL WHO REGULARLY 4
56	56	RESIDES IN THE HOUSE HOLD OR WHO REGULARL Y RESIDED IN THE HOU SEHOLD 5
57	57	WITHIN 6 MONTHS PRECEDING THE VIOLATION OF THIS SU BSECTION. 6
58	58
59	59	(4) “IMMEDIATE FAMILY MEMB ER” MEANS A PARENT , 7
60	60	GRANDPARENT , SPOUSE, CHILD, STEPCHILD, FATHER–IN–LAW, MOTHER–IN–LAW, 8
61	61	SON–IN–LAW, DAUGHTER–IN–LAW, SIBLING, BROTHER–IN–LAW, SISTER–IN–LAW, OR 9
62	62	GRANDCHILD . 10
63	63
64	64	(5) (I) “NONECONOMIC DAMAGES ” MEANS PAIN , SUFFERING, 11
65	65	INCONVENIENCE , HUMILIATION, PHYSICAL IMPAIRMENT , DISFIGUREMENT , MENTAL 12
66	66	ANGUISH, EMOTIONAL PAIN , OR OTHER NONECONOMIC DAMAGES. 13
67	67
68	68	(II) “NONECONOMIC DAMAGES ” DOES NOT INCLUDE PUN ITIVE 14
69	69	DAMAGES. 15
70	70
71	71	(6) “PERSONAL IDENTIFYING INFORMATION ” HAS THE MEANING 16
72	72	STATED IN § 8–301(A)(6) OF THIS ARTICLE. 17
73	73
74	74	(B) THIS SECTION DOES NOT APPLY TO THE DISSEMI NATION OF PERSONAL 18
75	75	IDENTIFYING INFORMAT ION RELATING TO : 19
76	76
77	77	(1) THE REPORTING TO A LAW ENFORCEMENT AGENCY OF ACTIVITY 20
78	78	REASONABLY BELIEVED TO BE UNLAWFUL ; 21
79	79
80	80	(2) THE OFFICIAL INVESTI GATION OF CRIMINAL A CTIVITY BY A LAW 22
81	81	ENFORCEMENT AGENCY ; 23
82	82
83	83	(3) THE DUTIES OF A STATE OR FEDERAL AGEN CY OR AN EMPLOYEE 24
84	84	OF A STATE OR FEDERAL AGEN CY ACTING IN THE EMP LOYEE’S OFFICIAL CAPACITY ; 25
85	85	OR 26
86	86
87	87	(4) ACTIVITY OR CONDUCT PROTECTED BY THE UNITED STATES 27
88	88	CONSTITUTION, THE MARYLAND CONSTITUTION, OR THE MARYLAND 28
89	89	DECLARATION OF RIGHTS. 29
90	90	HOUSE BILL 555 3
91	91
92	92
93	93	(C) (1) A PERSON MAY NOT INTENTIONALLY DISSEMINATE THE 1
94	94	PERSONAL IDENTIFYING INFORMATION OF ANOTHER OR THE IMMEDIATE FAMILY 2
95	95	MEMBER OR HOUSEHOLD MEMBER OF ANOTHER: 3
96	96
97	97	(I) WITHOUT EXPRESS AUTHORIZATION ; AND 4
98	98
99	99	(II) WITH THE INTENT : 5
100	100
101	101	1. TO THREATEN, INTIMIDATE, OR HARASS THE PERSON, 6
102	102	INCITE OR FACILITATE THE COMMISSION OF A CRIME OF VIOLENCE AG AINST THE 7
103	103	PERSON, OR PLACE THE PERSON IN REASONABLE FEAR O F DEATH OR SERIOUS 8
104	104	BODILY INJURY; OR 9
105	105
106	106	2. THAT THE INFORMATION WILL BE USED TO 10
107	107	THREATEN, INTIMIDATE, OR HARASS THE PERSON , INCITE OR FACILITATE THE 11
108	108	COMMISSION OF A CRIME OF VIOLEN CE AGAINST THE PERSO N, OR PLACE THE 12
109	109	PERSON IN REASONABLE FEAR OF DEATH OR SER IOUS BODILY INJURY . 13
110	110
111	111	(2) A PERSON MAY NOT COMMIT A VIOLATION O F PARAGRAPH (1) OF 14
112	112	THIS SUBSECTION THAT RESULTS IN PHYSICAL INJURY TO T HE PERSON WHOSE 15
113	113	PERSONAL IDENTIFYING INFORMATION WAS DISS EMINATED OR AN IMMEDIATE 16
114	114	FAMILY MEMBER OR HOU SEHOLD MEMBER OF THE PERSON . 17
115	115
116	116	(3) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH (1) OF 18
117	117	THIS SUBSECTION THAT RESULTS IN SERIOUS P HYSICAL INJURY TO TH E PERSON 19
118	118	WHOSE PERSONAL IDENT IFYING INFORMATION W AS DISSEMINATED OR A N 20
119	119	IMMEDIATE FAMILY MEM BER OR HOUSEHOLD MEM BER OF THE PERSON . 21
120	120
121	121	(4) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH (1) OF 22
122	122	THIS SUBSECTION THAT RESULTS IN THE DEATH OF THE PERSON WHOSE PER SONAL 23
123	123	IDENTIFYING INFORMAT ION WAS DISSEMINATED OR AN IMMEDIATE FAMI LY 24
124	124	MEMBER OR HOUSEHOLD MEMBER OF THE PERSON . 25
125	125
126	126	(D) (1) A PERSON WHO VIOLATES SUBSECTION (C)(1) OF THIS SECTION IS 26
127	127	GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT 27
128	128	FOR NOT LESS THAN 90 DAYS AND NOT EXCEEDING 12 MONTHS OR A FINE NOT 28
129	129	EXCEEDING $500 OR BOTH. 29
130	130
131	131	(2) A PERSON WHO VIOLATES SUBSECTION (C)(2) OF THIS SECTION IS 30
132	132	GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT FOR NOT 31
133	133	LESS THAN 1 YEAR AND NOT EXCEEDI NG 5 YEARS OR A FINE OF NOT LESS THAN 32
134	134	$1,000 AND NOT EXCEEDING $10,000 OR BOTH. 33
135	135	4 HOUSE BILL 555
136	136
137	137
138	138	(3) A PERSON WHO VIOLATES SUBSECTION (C)(3) OF THIS SECTION IS 1
139	139	GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT FOR NOT 2
140	140	LESS THAN 5 YEARS AND NOT EXCEED ING 10 YEARS OR A FINE OF NOT LESS THAN 3
141	141	$1,000 AND NOT EXCEEDING $10,000 OR BOTH. 4
142	142
143	143	(4) A PERSON WHO VIOLATES SUBSECTION (C)(4) OF THIS SECTION IS 5
144	144	GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT FOR NOT 6
145	145	LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS OR A FINE OF NOT LESS THAN 7
146	146	$1,000 AND NOT EXCEEDING $10,000 OR BOTH. 8
147	147
148	148	(E) (1) THE VICTIM OF AN ACT THA T WOULD CONSTITUTE A VIOLATION 9
149	149	UNDER THIS SECTION , OR, IF THE VICTIM IS A MINOR, THE PARENT OR GUARDI AN OF 10
150	150	THE VICTIM, MAY BRING A N ACTION FOR INJUNCTIVE RELIE F AND DAMAGES IN A 11
151	151	COURT OF COMPETENT J URISDICTION AGAINST: 12
152	152
153	153	(I) THE PERSON WHO COMMI TTED THE ACT; AND 13
154	154
155	155	(II) ANY PERSON WHO KNOWINGLY BENEFITED, FINANCIALLY 14
156	156	OR BY RECEIVING ANYT HING OF VALUE , FROM PARTICIPATION I N THE ACT IF THE 15
157	157	PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE ACT CONSTITUTED 16
158	158	A VIOLATION OF THIS SECTION. 17
159	159
160	160	(2) THE COURT MAY : 18
161	161
162	162	(I) ISSUE A TEMPORARY OR PERMANE NT INJUNCTION TO 19
163	163	PREVENT OR RESTRAIN AN ACT THAT WOULD CO NSTITUTE A VIOLATION OF THIS 20
164	164	SECTION; AND 21
165	165
166	166	(II) AWARD TO A PREVAILING PLAINTIFF: 22
167	167
168	168	1. COMPENSATORY DAMAGES; 23
169	169
170	170	2. NONECONOMIC DAMAGES NOT EXCEEDING $5,000 24
171	171	PER VIOLATION OF THI S SECTION; 25
172	172
173	173	3. PUNITIVE DAMAGES; AND 26
174	174
175	175	4. REASONABLE ATTORNEY ’S FEES AND COSTS . 27
176	176
177	177	(3) THIS SUBSECTION DOES NOT AFFECT ANY LEGAL OR EQUITABLE 28
178	178	RIGHT OR REMEDY OTHE RWISE PROVIDED BY LA W. 29
179	179	HOUSE BILL 555 5
180	180
181	181
182	182	(F) IT IS A DEFENSE TO A PROSECUTION OR CIVIL ACTION UNDER THIS 1
183	183	SECTION THAT THE DISSEMINATION OF PERSONAL IDENTIFYING INFORMATION BY A 2
184	184	DEFENDANT WAS IN RESPONSE TO WHAT THE DEFENDANT REASONABLY BELIEVED 3
185	185	WAS A LAWFUL REQUEST . 4
186	186
187	187	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
188	188	October 1, 2024. 6