EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0699*
HOUSE BILL 699
E1 4lr1163
CF 4lr3362
By: Delegate Vogel
Introduced and read first time: January 26, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Hate Crimes – Notice and Removal of Item or Symbo l 2
(Hate Crimes Graffiti Removal Act) 3
FOR the purpose of requiring a law enforcement agency to promptly notify certain property 4
owners of a report of certain items or symbols that constitute an alleged hate crime; 5
requiring certain property owners to remove certain items or symbols that constitute 6
an alleged hate crime from their property within a certain time period, subject to 7
certain exceptions; establishing that a penalty for a violation of this Act may only be 8
imposed on an owner of commercial real or personal property; and generally relating 9
to items or symbols that constitute hate crimes. 10
BY repealing and reenacting, without amendments, 11
Article – Criminal Law 12
Section 10–305.1 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Criminal Law 17
Section 10–305.2 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Criminal Law 22
Section 10–306 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 HOUSE BILL 699
Article – Criminal Law 1
10–305.1. 2
A person may not place or inscribe an item or a symbol, including an actual or 3
depicted noose or swastika, whether temporary or permanent, on any real or personal 4
property, public or private, without the express permission of the owner, owner’s agent, or 5
lawful occupant of the property, with the intent to threaten or intimidate any person or 6
group of persons. 7
10–305.2. 8
(A) IN THIS SECTION, “REMOVE” INCLUDES THE PERMANE NT COVERING OF 9
AN ITEM OR A SYMBOL. 10
(B) THIS SECTION DOES NOT APPLY TO THE OWNER OF REAL OR PERSONAL 11
PROPERTY IF THE OWNER WAS THE INTENDED TAR GET OF AN ALLEGED VIOLATION 12
OF § 10–305.1 OF THIS SUBTITLE . 13
(C) AFTER AN ALLEGED VIOL ATION OF § 10–305.1 OF THIS SUBTITLE IS 14
REPORTED TO A LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT AGENCY 15
SHALL PROMPTLY NOTIF Y THE OWNER OF THE R EAL OR PERSONAL PROP ERTY IF 16
THE OWNER DID NOT FILE THE REPORT. 17
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 18
WITHIN 24 HOURS AFTER AN ALLEGED VIOLATI ON OF § 10–305.1 OF THIS SUBTITLE 19
IS REPORTED TO A LAW ENFORCEMENT AGENCY , OR WITHIN 24 HOURS AFTER THE 20
OWNER OF THE REAL OR PERSONAL PROPERTY RE CEIVES NOTICE UNDER 21
SUBSECTION (C) OF THIS SECTION , THE OWNER OF THE REA L OR PERSONAL 22
PROPERTY SHALL REMOV E THE ITEM OR SYMBOL FROM THE REAL OR PER SONAL 23
PROPERTY. 24
(2) IF A LAW ENFORCEMENT INVESTIGATION REQUIR ES THAT THE 25
ITEM OR SYMBOL NOT B E REMOVED FROM THE REAL OR PERSONAL PROPERTY 26
WITHIN 24 HOURS, THE ITEM OR SYMBOL S HALL BE REMOVED PROM PTLY AFTER IT 27
IS NO LONGER REQUIRED FOR THE INVESTIGATIO N. 28
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
PERSON WHO DOES NOT REMOVE AN ITEM OR SY MBOL FROM REAL OR PE RSONAL 30
PROPERTY AS REQUIRED UNDER SUBSECTION (D) OF THIS SECTION IS N OT SUBJECT 31
TO A PENALTY. 32
HOUSE BILL 699 3
(2) A PERSON WHO DOES NOT REMOVE AN I TEM OR A SYMBOL FROM 1
COMMERCIAL LY OWNED REAL OR PERSONAL PRO PERTY AS REQUIRED UNDER 2
SUBSECTION (D) OF THIS SECTION IS SUBJECT T O: 3
(I) FOR A FIRST VIOLATIO N, A WARNING; AND 4
(II) FOR A SECOND OR SUBSEQUENT VIOLATION , A CIVIL FINE 5
NOT EXCEEDING $1,000. 6
10–306. 7
(a) Except as provided in § 10–305.2 OF THIS SUBTITLE AND subsection (b) of 8
this section, a person who violates this subtitle is guilty of a misdemeanor and on conviction 9
is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. 10
(b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 11
and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 12
$10,000 or both. 13
(2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 14
and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 15
$20,000 or both. 16
(c) In addition to any other penalties imposed by this section, the court may 17
require a person who violates this subtitle to complete an antibias education program. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2024. 20