| 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 | - | 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 | 5 | *hb0615* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 615 | |
| 11 | 8 | F1, F2, F5 4lr2105 | |
| 12 | 9 | HB 1114/23 – W&M CF SB 512 | |
| 13 | 10 | By: Delegates Ruth, Allen, Amprey, Bartlett, Charkoudian, Fair, Feldmark, | |
| 14 | 11 | Guyton, Hill, Lehman, R. Lewis, McCaskill, Mireku –North, Pasteur, | |
| 15 | 12 | Phillips, Simpson, Taveras, and Terrasa | |
| 16 | 13 | Introduced and read first time: January 25, 2024 | |
| 17 | 14 | Assigned to: Ways and Means | |
| 18 | - | Committee Report: Favorable | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: February 24, 2024 | |
| 21 | 15 | ||
| 22 | - | ||
| 16 | + | A BILL ENTITLED | |
| 23 | 17 | ||
| 24 | 18 | AN ACT concerning 1 | |
| 25 | 19 | ||
| 26 | 20 | Education – Prohibited Behavior on School Grounds and Proper ty – Application 2 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of specifying that provisions of law prohibiting and penalizing certain 3 | |
| 29 | 23 | disruptive and threatening behavior on certain school grounds and property do not 4 | |
| 30 | 24 | apply to students who commit offenses at the institution they attend or students who 5 | |
| 31 | 25 | commit offenses at another institution while participating in or attending a sporting 6 | |
| 32 | 26 | event or other extracurricular program sponsored at that institution; and generally 7 | |
| 33 | 27 | relating to the application of provisions of law that prohibit and penalize disruptive 8 | |
| 34 | 28 | and threatening behavior on school grounds and property. 9 | |
| 35 | 29 | ||
| 36 | 30 | BY repealing and reenacting, with amendments, 10 | |
| 37 | 31 | Article – Education 11 | |
| 38 | 32 | Section 26–101 12 | |
| 39 | 33 | Annotated Code of Maryland 13 | |
| 40 | 34 | (2022 Replacement Volume and 2023 Supplement) 14 | |
| 41 | 35 | ||
| 42 | 36 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 43 | 37 | That the Laws of Maryland read as follows: 16 | |
| 44 | 38 | ||
| 45 | 39 | Article – Education 17 | |
| 46 | 40 | ||
| 47 | 41 | 26–101. 18 | |
| 42 | + | ||
| 43 | + | (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 19 | |
| 44 | + | A PERSON WHO IS : 20 | |
| 48 | 45 | 2 HOUSE BILL 615 | |
| 49 | 46 | ||
| 50 | 47 | ||
| 51 | - | (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 1 | |
| 52 | - | A PERSON WHO IS : 2 | |
| 48 | + | (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 1 | |
| 49 | + | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 2 | |
| 50 | + | OR 3 | |
| 53 | 51 | ||
| 54 | - | (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 3 | |
| 55 | - | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 4 | |
| 56 | - | OR 5 | |
| 52 | + | (2) A STUDENT CURRENTLY AT TENDING ANOTHER I NSTITUTION OF 4 | |
| 53 | + | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 5 | |
| 54 | + | ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 6 | |
| 55 | + | SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 7 | |
| 57 | 56 | ||
| 58 | - | (2) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 6 | |
| 59 | - | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 7 | |
| 60 | - | ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR P ROGRAM 8 | |
| 61 | - | SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 9 | |
| 57 | + | (B) A person may not willfully disturb or otherwise willfully prevent the orderly 8 | |
| 58 | + | conduct of the activities, administration, or classes of any institution of elementary, 9 | |
| 59 | + | secondary, or higher education. 10 | |
| 62 | 60 | ||
| 63 | - | (B) A person may not willfully disturb or otherwise willfully prevent the orderly 10 | |
| 64 | - | conduct of the activities, administration, or classes of any institution of elementary, 11 | |
| 65 | - | secondary, or higher education. 12 | |
| 61 | + | [(b)] (C) A person may not molest or threaten with bodily harm any student, 11 | |
| 62 | + | employee, administrator, agent, or any other individual who is lawfully: 12 | |
| 66 | 63 | ||
| 67 | - | ||
| 68 | - | ||
| 64 | + | (1) On the grounds or in the immediate vicinity of any institution of 13 | |
| 65 | + | elementary, secondary, or higher education; 14 | |
| 69 | 66 | ||
| 70 | - | (1) On the grounds or in the immediate vicinity of any institution of 15 | |
| 71 | - | elementary, secondary, or higher education; 16 | |
| 67 | + | (2) On a school vehicle; 15 | |
| 72 | 68 | ||
| 73 | - | ( | |
| 69 | + | (3) At an activity sponsored by a school that is held off school property; or 16 | |
| 74 | 70 | ||
| 75 | - | (3) At an activity sponsored by a school that is held off school property; or 18 | |
| 71 | + | (4) On property that is owned by a county board and is used for 17 | |
| 72 | + | administrative or other purposes. 18 | |
| 76 | 73 | ||
| 77 | - | (4) On property that is owned by a county board and is used for 19 | |
| 78 | - | administrative or other purposes. 20 | |
| 74 | + | [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 19 | |
| 75 | + | person may not threaten with bodily harm any employee of any institution of elementary, 20 | |
| 76 | + | secondary, or higher education at home by any means, including in person, by telephone, 21 | |
| 77 | + | or by electronic mail. [This] 22 | |
| 79 | 78 | ||
| 80 | - | [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 21 | |
| 81 | - | person may not threaten with bodily harm any employee of any institution of elementary, 22 | |
| 82 | - | secondary, or higher education at home by any means, including in person, by telephone, 23 | |
| 83 | - | or by electronic mail. [This] 24 | |
| 79 | + | (2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 23 | |
| 80 | + | only to threats arising out of the scope of the employee’s employment. 24 | |
| 84 | 81 | ||
| 85 | - | (2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 25 | |
| 86 | - | only to threats arising out of the scope of the employee’s employment. 26 | |
| 82 | + | [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 25 | |
| 83 | + | Criminal Law Article, on application by the governing board of any institution of 26 | |
| 84 | + | elementary, secondary, or higher education, the circuit court of the county in which the 27 | |
| 85 | + | institution is located may issue an injunction restraining any specific activities that violate 28 | |
| 86 | + | this section. 29 | |
| 87 | 87 | ||
| 88 | - | [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 27 | |
| 89 | - | Criminal Law Article, on application by the governing board of any institution of 28 | |
| 90 | - | elementary, secondary, or higher education, the circuit court of the county in which the 29 | |
| 91 | - | institution is located may issue an injunction restraining any specific activities that violate 30 | |
| 92 | - | this section. 31 | |
| 88 | + | [(e)] (F) Any person who violates any provision of this section is guilty of a 30 | |
| 89 | + | misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 31 | |
| 90 | + | exceeding 6 months, or both. 32 | |
| 93 | 91 | ||
| 94 | - | [(e)] (F) Any person who violates any provision of this section is guilty of a 32 | |
| 95 | - | misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 33 | |
| 96 | - | exceeding 6 months, or both. 34 HOUSE BILL 615 3 | |
| 92 | + | [(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 33 | |
| 93 | + | each county board of education, including the Baltimore City Board of School 34 HOUSE BILL 615 3 | |
| 97 | 94 | ||
| 98 | 95 | ||
| 96 | + | Commissioners, shall report to the Department on the number of school disruptions in the 1 | |
| 97 | + | county in violation of this section for the immediately preceding school year. 2 | |
| 99 | 98 | ||
| 100 | - | [(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 1 | |
| 101 | - | each county board of education, including the Baltimore City Board of School 2 | |
| 102 | - | Commissioners, shall report to the Department on the number of school disruptions in the 3 | |
| 103 | - | county in violation of this section for the immediately preceding school year. 4 | |
| 99 | + | (2) A county board shall report the information required under paragraph 3 | |
| 100 | + | (1) of this subsection in the following manner: 4 | |
| 104 | 101 | ||
| 105 | - | (2) A county board shall report the information required under paragraph 5 | |
| 106 | - | (1) of this subsection in the following manner: 6 | |
| 102 | + | (i) The disruptions shall be sorted into the following categories: 5 | |
| 107 | 103 | ||
| 108 | - | | |
| 104 | + | 1. Attendance; 6 | |
| 109 | 105 | ||
| 110 | - | | |
| 106 | + | 2. Arson, fire, or explosives; 7 | |
| 111 | 107 | ||
| 112 | - | | |
| 108 | + | 3. Dangerous substances; 8 | |
| 113 | 109 | ||
| 114 | - | | |
| 110 | + | 4. Sex offenses; and 9 | |
| 115 | 111 | ||
| 116 | - | | |
| 112 | + | 5. Attack with a weapon, threats, or fighting; and 10 | |
| 117 | 113 | ||
| 118 | - | | |
| 114 | + | (ii) Each incident of disruption shall be disaggregated by: 11 | |
| 119 | 115 | ||
| 120 | - | (ii) Each incident of disruption shall be disaggregated by: 13 | |
| 116 | + | 1. The race, ethnicity, disability status, and gender of the 12 | |
| 117 | + | individual; 13 | |
| 121 | 118 | ||
| 122 | - | 1. The race, ethnicity, disability status, and gender of the 14 | |
| 123 | - | individual; 15 | |
| 119 | + | 2. The actions taken against an individual by the local school 14 | |
| 120 | + | or county board resulting from a violation, including suspensions of fewer than 10 days, 15 | |
| 121 | + | suspensions of 10 days or more, and expulsions; and 16 | |
| 124 | 122 | ||
| 125 | - | 2. The actions taken against an individual by the local school 16 | |
| 126 | - | or county board resulting from a violation, including suspensions of fewer than 10 days, 17 | |
| 127 | - | suspensions of 10 days or more, and expulsions; and 18 | |
| 123 | + | 3. Referrals for prosecution. 17 | |
| 128 | 124 | ||
| 129 | - | 3. Referrals for prosecution. 19 | |
| 125 | + | (3) On or before February 1, 2023, and each February 1 thereafter, the 18 | |
| 126 | + | Department shall submit to the Maryland Center for School Safety and, in accordance with 19 | |
| 127 | + | § 2–1257 of the State Government Article, the General Assembly a report on incidents of 20 | |
| 128 | + | school disruptions in public schools in the State from a compilation of the reports submitted 21 | |
| 129 | + | to the Department under paragraph (1) of this subsection and disaggregated in the manner 22 | |
| 130 | + | required under paragraph (2) of this subsection. 23 | |
| 130 | 131 | ||
| 131 | - | (3) On or before February 1, 2023, and each February 1 thereafter, the 20 | |
| 132 | - | Department shall submit to the Maryland Center for School Safety and, in accordance with 21 | |
| 133 | - | § 2–1257 of the State Government Article, the General Assembly a report on incidents of 22 | |
| 134 | - | school disruptions in public schools in the State from a compilation of the reports submitted 23 | |
| 135 | - | to the Department under paragraph (1) of this subsection and disaggregated in the manner 24 | |
| 136 | - | required under paragraph (2) of this subsection. 25 | |
| 132 | + | (4) Each county board shall include information on school disruptions from 24 | |
| 133 | + | the 2018–2019 and 2019–2020 school years in its report to the Department for the report 25 | |
| 134 | + | due on December 1, 2022. 26 | |
| 137 | 135 | ||
| 138 | - | (4) Each county board shall include information on school disruptions from 26 | |
| 139 | - | the 2018–2019 and 2019–2020 school years in its report to the Department for the report 27 | |
| 140 | - | due on December 1, 2022. 28 | |
| 141 | - | ||
| 142 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29 | |
| 143 | - | 1, 2024. 30 | |
| 136 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27 | |
| 137 | + | 1, 2024. 28 |