EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0615*
HOUSE BILL 615
F1, F2, F5 4lr2105
HB 1114/23 – W&M CF SB 512
By: Delegates Ruth, Allen, Amprey, Bartlett, Charkoudian, Fair, Feldmark,
Guyton, Hill, Lehman, R. Lewis, McCaskill, Mireku –North, Pasteur,
Phillips, Simpson, Taveras, and Terrasa
Introduced and read first time: January 25, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Education – Prohibited Behavior on School Grounds and Proper ty – Application 2
FOR the purpose of specifying that provisions of law prohibiting and penalizing certain 3
disruptive and threatening behavior on certain school grounds and property do not 4
apply to students who commit offenses at the institution they attend or students who 5
commit offenses at another institution while participating in or attending a sporting 6
event or other extracurricular program sponsored at that institution; and generally 7
relating to the application of provisions of law that prohibit and penalize disruptive 8
and threatening behavior on school grounds and property. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 26–101 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
26–101. 18
(a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 19
A PERSON WHO IS : 20
2 HOUSE BILL 615
(1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 1
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 2
OR 3
(2) A STUDENT CURRENTLY AT TENDING ANOTHER I NSTITUTION OF 4
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 5
ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 6
SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 7
(B) A person may not willfully disturb or otherwise willfully prevent the orderly 8
conduct of the activities, administration, or classes of any institution of elementary, 9
secondary, or higher education. 10
[(b)] (C) A person may not molest or threaten with bodily harm any student, 11
employee, administrator, agent, or any other individual who is lawfully: 12
(1) On the grounds or in the immediate vicinity of any institution of 13
elementary, secondary, or higher education; 14
(2) On a school vehicle; 15
(3) At an activity sponsored by a school that is held off school property; or 16
(4) On property that is owned by a county board and is used for 17
administrative or other purposes. 18
[(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 19
person may not threaten with bodily harm any employee of any institution of elementary, 20
secondary, or higher education at home by any means, including in person, by telephone, 21
or by electronic mail. [This] 22
(2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 23
only to threats arising out of the scope of the employee’s employment. 24
[(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 25
Criminal Law Article, on application by the governing board of any institution of 26
elementary, secondary, or higher education, the circuit court of the county in which the 27
institution is located may issue an injunction restraining any specific activities that violate 28
this section. 29
[(e)] (F) Any person who violates any provision of this section is guilty of a 30
misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 31
exceeding 6 months, or both. 32
[(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 33
each county board of education, including the Baltimore City Board of School 34 HOUSE BILL 615 3
Commissioners, shall report to the Department on the number of school disruptions in the 1
county in violation of this section for the immediately preceding school year. 2
(2) A county board shall report the information required under paragraph 3
(1) of this subsection in the following manner: 4
(i) The disruptions shall be sorted into the following categories: 5
1. Attendance; 6
2. Arson, fire, or explosives; 7
3. Dangerous substances; 8
4. Sex offenses; and 9
5. Attack with a weapon, threats, or fighting; and 10
(ii) Each incident of disruption shall be disaggregated by: 11
1. The race, ethnicity, disability status, and gender of the 12
individual; 13
2. The actions taken against an individual by the local school 14
or county board resulting from a violation, including suspensions of fewer than 10 days, 15
suspensions of 10 days or more, and expulsions; and 16
3. Referrals for prosecution. 17
(3) On or before February 1, 2023, and each February 1 thereafter, the 18
Department shall submit to the Maryland Center for School Safety and, in accordance with 19
§ 2–1257 of the State Government Article, the General Assembly a report on incidents of 20
school disruptions in public schools in the State from a compilation of the reports submitted 21
to the Department under paragraph (1) of this subsection and disaggregated in the manner 22
required under paragraph (2) of this subsection. 23
(4) Each county board shall include information on school disruptions from 24
the 2018–2019 and 2019–2020 school years in its report to the Department for the report 25
due on December 1, 2022. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
1, 2024. 28