Maryland 2024 Regular Session

Maryland House Bill HB699 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	hb0699
6	6
7	7	HOUSE BILL 699
8	8	E1 4lr1163
9	9	CF 4lr3362
10	10	By: Delegate Vogel
11	11	Introduced and read first time: January 26, 2024
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Hate Crimes – Notice and Removal of Item or Symbo l 2
19	19	(Hate Crimes Graffiti Removal Act) 3
20	20
21	21	FOR the purpose of requiring a law enforcement agency to promptly notify certain property 4
22	22	owners of a report of certain items or symbols that constitute an alleged hate crime; 5
23	23	requiring certain property owners to remove certain items or symbols that constitute 6
24	24	an alleged hate crime from their property within a certain time period, subject to 7
25	25	certain exceptions; establishing that a penalty for a violation of this Act may only be 8
26	26	imposed on an owner of commercial real or personal property; and generally relating 9
27	27	to items or symbols that constitute hate crimes. 10
28	28
29	29	BY repealing and reenacting, without amendments, 11
30	30	Article – Criminal Law 12
31	31	Section 10–305.1 13
32	32	Annotated Code of Maryland 14
33	33	(2021 Replacement Volume and 2023 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – Criminal Law 17
37	37	Section 10–305.2 18
38	38	Annotated Code of Maryland 19
39	39	(2021 Replacement Volume and 2023 Supplement) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – Criminal Law 22
43	43	Section 10–306 23
44	44	Annotated Code of Maryland 24
45	45	(2021 Replacement Volume and 2023 Supplement) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 HOUSE BILL 699
49	49
50	50
51	51
52	52	Article – Criminal Law 1
53	53
54	54	10–305.1. 2
55	55
56	56	A person may not place or inscribe an item or a symbol, including an actual or 3
57	57	depicted noose or swastika, whether temporary or permanent, on any real or personal 4
58	58	property, public or private, without the express permission of the owner, owner’s agent, or 5
59	59	lawful occupant of the property, with the intent to threaten or intimidate any person or 6
60	60	group of persons. 7
61	61
62	62	10–305.2. 8
63	63
64	64	(A) IN THIS SECTION, “REMOVE” INCLUDES THE PERMANE NT COVERING OF 9
65	65	AN ITEM OR A SYMBOL. 10
66	66
67	67	(B) THIS SECTION DOES NOT APPLY TO THE OWNER OF REAL OR PERSONAL 11
68	68	PROPERTY IF THE OWNER WAS THE INTENDED TAR GET OF AN ALLEGED VIOLATION 12
69	69	OF § 10–305.1 OF THIS SUBTITLE . 13
70	70
71	71	(C) AFTER AN ALLEGED VIOL ATION OF § 10–305.1 OF THIS SUBTITLE IS 14
72	72	REPORTED TO A LAW ENFORCEMENT AGENCY , THE LAW ENFORCEMENT AGENCY 15
73	73	SHALL PROMPTLY NOTIF Y THE OWNER OF THE R EAL OR PERSONAL PROP ERTY IF 16
74	74	THE OWNER DID NOT FILE THE REPORT. 17
75	75
76	76	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 18
77	77	WITHIN 24 HOURS AFTER AN ALLEGED VIOLATI ON OF § 10–305.1 OF THIS SUBTITLE 19
78	78	IS REPORTED TO A LAW ENFORCEMENT AGENCY , OR WITHIN 24 HOURS AFTER THE 20
79	79	OWNER OF THE REAL OR PERSONAL PROPERTY RE CEIVES NOTICE UNDER 21
80	80	SUBSECTION (C) OF THIS SECTION , THE OWNER OF THE REA L OR PERSONAL 22
81	81	PROPERTY SHALL REMOV E THE ITEM OR SYMBOL FROM THE REAL OR PER SONAL 23
82	82	PROPERTY. 24
83	83
84	84	(2) IF A LAW ENFORCEMENT INVESTIGATION REQUIR ES THAT THE 25
85	85	ITEM OR SYMBOL NOT B E REMOVED FROM THE REAL OR PERSONAL PROPERTY 26
86	86	WITHIN 24 HOURS, THE ITEM OR SYMBOL S HALL BE REMOVED PROM PTLY AFTER IT 27
87	87	IS NO LONGER REQUIRED FOR THE INVESTIGATIO N. 28
88	88
89	89	(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
90	90	PERSON WHO DOES NOT REMOVE AN ITEM OR SY MBOL FROM REAL OR PE RSONAL 30
91	91	PROPERTY AS REQUIRED UNDER SUBSECTION (D) OF THIS SECTION IS N OT SUBJECT 31
92	92	TO A PENALTY. 32
93	93	HOUSE BILL 699 3
94	94
95	95
96	96	(2) A PERSON WHO DOES NOT REMOVE AN I TEM OR A SYMBOL FROM 1
97	97	COMMERCIAL LY OWNED REAL OR PERSONAL PRO PERTY AS REQUIRED UNDER 2
98	98	SUBSECTION (D) OF THIS SECTION IS SUBJECT T O: 3
99	99
100	100	(I) FOR A FIRST VIOLATIO N, A WARNING; AND 4
101	101
102	102	(II) FOR A SECOND OR SUBSEQUENT VIOLATION , A CIVIL FINE 5
103	103	NOT EXCEEDING $1,000. 6
104	104
105	105	10–306. 7
106	106
107	107	(a) Except as provided in § 10–305.2 OF THIS SUBTITLE AND subsection (b) of 8
108	108	this section, a person who violates this subtitle is guilty of a misdemeanor and on conviction 9
109	109	is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. 10
110	110
111	111	(b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 11
112	112	and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 12
113	113	$10,000 or both. 13
114	114
115	115	(2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 14
116	116	and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 15
117	117	$20,000 or both. 16
118	118
119	119	(c) In addition to any other penalties imposed by this section, the court may 17
120	120	require a person who violates this subtitle to complete an antibias education program. 18
121	121
122	122	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
123	123	October 1, 2024. 20