1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0748* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 748 |
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8 | 8 | | P1 4lr1891 |
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9 | 9 | | |
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10 | 10 | | By: Delegates Cardin, Allen, Attar, Edelson, Kaiser, Kaufman, Rosenberg, |
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11 | 11 | | Schmidt, Solomon, Spiegel, Stein, and Vogel |
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12 | 12 | | Introduced and read first time: January 31, 2024 |
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13 | 13 | | Assigned to: Judiciary |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | State Government – Commission on Hate Crime Response and Prevention – 2 |
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20 | 20 | | Code of Conduct 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of requiring the Attorney General to adopt a code of conduct for members 4 |
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23 | 23 | | of the Commission on Hate Crime Response and Prevention, adopt a policy for 5 |
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24 | 24 | | investigating violations of the code of conduct, and establish a process for members 6 |
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25 | 25 | | of the public to report alleged violations; authorizing the Attorney General to 7 |
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26 | 26 | | suspend or remove members of the Commission under certain circumstances; and 8 |
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27 | 27 | | generally relating to a code of conduct for members of the Commission on Hate Crime 9 |
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28 | 28 | | Response and Prevention. 10 |
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29 | 29 | | |
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30 | 30 | | BY repealing and reenacting, with amendments, 11 |
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31 | 31 | | Article – State Government 12 |
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32 | 32 | | Section 6–802 13 |
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33 | 33 | | Annotated Code of Maryland 14 |
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34 | 34 | | (2021 Replacement Volume and 2023 Supplement) 15 |
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35 | 35 | | |
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36 | 36 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 |
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37 | 37 | | That the Laws of Maryland read as follows: 17 |
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38 | 38 | | |
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39 | 39 | | Article – State Government 18 |
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40 | 40 | | |
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41 | 41 | | 6–802. 19 |
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42 | 42 | | |
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43 | 43 | | (a) There is a Commission on Hate Crime Response and Prevention in the Office 20 |
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44 | 44 | | of the Attorney General. 21 |
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45 | 45 | | |
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46 | 46 | | (b) The Commission consists of the following members, appointed by the Attorney 22 |
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47 | 47 | | General: 23 |
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48 | 48 | | 2 HOUSE BILL 748 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | (1) one representative of the Anti–Defamation League; 1 |
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52 | 52 | | |
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53 | 53 | | (2) one representative of the Asian American and Pacific Islander 2 |
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54 | 54 | | community; 3 |
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55 | 55 | | |
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56 | 56 | | (3) one representative of the Women’s Law Center; 4 |
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57 | 57 | | |
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58 | 58 | | (4) one representative of the Baltimore Jewish Council; 5 |
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59 | 59 | | |
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60 | 60 | | (5) one representative of the Coalition Opposed to Violence and Extremism; 6 |
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61 | 61 | | |
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62 | 62 | | (6) one representative of the Council on American–Islamic Relations 7 |
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63 | 63 | | Maryland Office; 8 |
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64 | 64 | | |
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65 | 65 | | (7) one representative of Free State Justice; 9 |
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66 | 66 | | |
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67 | 67 | | (8) one representative of the Jewish Community Relations Council; 10 |
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68 | 68 | | |
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69 | 69 | | (9) one representative of the Immigration Outreach Service Center; 11 |
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70 | 70 | | |
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71 | 71 | | (10) one representative of the Maryland Association of Human 12 |
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72 | 72 | | Relations/Human Rights Agencies; 13 |
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73 | 73 | | |
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74 | 74 | | (11) one representative of the Maryland Chiefs of Police Association; 14 |
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75 | 75 | | |
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76 | 76 | | (12) one representative of the Maryland Commission on Civil Rights; 15 |
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77 | 77 | | |
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78 | 78 | | (13) one representative of the Maryland Coordination and Analysis Center; 16 |
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79 | 79 | | |
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80 | 80 | | (14) one representative of the Maryland Center for School Safety; 17 |
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81 | 81 | | |
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82 | 82 | | (15) one representative of the Maryland Sheriffs’ Association; 18 |
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83 | 83 | | |
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84 | 84 | | (16) one representative of the Maryland State’s Attorneys’ Association; 19 |
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85 | 85 | | |
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86 | 86 | | (17) one representative of the National Alliance on Mental Illness; 20 |
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87 | 87 | | |
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88 | 88 | | (18) one representative of the National Association for the Advancement of 21 |
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89 | 89 | | Colored People; 22 |
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90 | 90 | | |
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91 | 91 | | (19) one representative of the Pride Center of Maryland; 23 |
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92 | 92 | | |
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93 | 93 | | (20) one representative of the Sikh Coalition; and 24 |
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94 | 94 | | |
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95 | 95 | | (21) two members of the general public. 25 |
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96 | 96 | | |
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97 | 97 | | (c) (1) The term of an appointed member of the Commission is 4 years. 26 HOUSE BILL 748 3 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | |
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101 | 101 | | (2) The terms of the appointed members are staggered as required by the 1 |
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102 | 102 | | terms provided for members of the Commission on June 1, 2023. 2 |
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103 | 103 | | |
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104 | 104 | | (3) At the end of a term, an appointed member continues to serve until a 3 |
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105 | 105 | | successor is appointed and qualifies. 4 |
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106 | 106 | | |
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107 | 107 | | (4) A member who is appointed after a term has begun serves only for the 5 |
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108 | 108 | | rest of the term and until a successor is appointed and qualifies. 6 |
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109 | 109 | | |
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110 | 110 | | (D) (1) THE ATTORNEY GENERAL SHALL ADOPT A ND MAKE PUBLICLY 7 |
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111 | 111 | | AVAILABLE: 8 |
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112 | 112 | | |
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113 | 113 | | (I) A CODE OF CONDUCT FO R MEMBERS OF THE COMMISSION; 9 |
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114 | 114 | | AND 10 |
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115 | 115 | | |
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116 | 116 | | (II) A POLICY FOR INVESTI GATING VIOLATIONS OF THE CODE OF 11 |
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117 | 117 | | CONDUCT. 12 |
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118 | 118 | | |
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119 | 119 | | (2) THE ATTORNEY GENERAL MAY SUSPEND A MEMBER OF THE 13 |
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120 | 120 | | COMMISSION PENDING TH E RESULTS OF AN INVE STIGATION CONSISTENT WITH THE 14 |
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121 | 121 | | POLICY ADOPTED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 15 |
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122 | 122 | | |
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123 | 123 | | (3) THE ATTORNEY GENERAL MAY REMOVE A MEMBER OF THE 16 |
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124 | 124 | | COMMISSION WHO THE ATTORNEY GENERAL, AFTER AN INVESTIGATI ON 17 |
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125 | 125 | | CONSISTENT WITH THE POLICY ADOPTED UNDER PARAGRAPH (1) OF THIS 18 |
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126 | 126 | | SUBSECTION, FINDS HAS VIOLATED THE CODE OF CONDUCT. 19 |
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127 | 127 | | |
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128 | 128 | | (4) THE ATTORNEY GENERAL SHALL ESTABLISH A PROCESS BY 20 |
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129 | 129 | | WHICH MEMBERS OF THE PUBLIC MAY REPORT AL LEGED VIOLATIONS OF THE CODE 21 |
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130 | 130 | | OF CONDUCT BY MEMBER S OF THE COMMISSION. 22 |
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131 | 131 | | |
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132 | 132 | | [(d)] (E) (1) The Attorney General, or the Attorney General’s designee, is the 23 |
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133 | 133 | | chair of the Commission. 24 |
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134 | 134 | | |
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135 | 135 | | (2) The Office of the Attorney General shall provide staff for the 25 |
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136 | 136 | | Commission. 26 |
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137 | 137 | | |
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138 | 138 | | [(e)] (F) In fiscal year 2025 and in each fiscal year thereafter, the Governor shall 27 |
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139 | 139 | | include funds in the State budget to implement this section, including funds to: 28 |
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140 | 140 | | |
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141 | 141 | | (1) employ a full–time assistant Attorney General to staff the Commission; 29 |
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142 | 142 | | and 30 |
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143 | 143 | | |
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144 | 144 | | (2) operate and maintain the office. 31 4 HOUSE BILL 748 |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | [(f)] (G) (1) A majority of members of the Commission shall constitute a 1 |
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149 | 149 | | quorum for the transaction of business. 2 |
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150 | 150 | | |
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151 | 151 | | (2) The Commission may adopt rules governing the administration and 3 |
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152 | 152 | | proceedings of the Commission. 4 |
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153 | 153 | | |
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154 | 154 | | [(g)] (H) A member of the Commission: 5 |
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155 | 155 | | |
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156 | 156 | | (1) may not receive compensation as a member of the Commission; but 6 |
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157 | 157 | | |
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158 | 158 | | (2) is entitled to reimbursement for expenses under the Standard State 7 |
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159 | 159 | | Travel Regulations, as provided in the State budget. 8 |
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160 | 160 | | |
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161 | 161 | | [(h)] (I) The Commission shall: 9 |
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162 | 162 | | |
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163 | 163 | | (1) develop strategies to prevent and respond to hate crime activity; and 10 |
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164 | 164 | | |
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165 | 165 | | (2) evaluate State laws and policies relating to hate crimes. 11 |
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166 | 166 | | |
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167 | 167 | | [(i)] (J) (1) On or before December 1 each year, beginning in 2024, the 12 |
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168 | 168 | | Commission shall report to the State Department of Education on policy recommendations 13 |
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169 | 169 | | to address hate crimes that occur in schools. 14 |
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170 | 170 | | |
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171 | 171 | | (2) On or before December 1 each year, beginning in 2024, the Commission 15 |
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172 | 172 | | shall report to the General Assembly, in accordance with § 2–1257 of the State Government 16 |
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173 | 173 | | Article, on legislative recommendations to address hate crimes in the State. 17 |
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174 | 174 | | |
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175 | 175 | | (3) ON OR BEFORE DECEMBER 1, 2025, AND EACH YEAR 18 |
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176 | 176 | | THEREAFTER , THE ATTORNEY GENERAL SHALL REPORT TO THE GENERAL 19 |
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177 | 177 | | ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , ON ANY 20 |
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178 | 178 | | INVESTIGATIONS THE ATTORNEY GENERAL CONDUCTS UNDE R SUBSECTION (D) OF 21 |
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179 | 179 | | THIS SECTION. 22 |
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180 | 180 | | |
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181 | 181 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 23 |
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182 | 182 | | October 1, 2024. 24 |
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