Maryland 2024 Regular Session

Maryland House Bill HB758 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0758*
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77 HOUSE BILL 758
88 E1 4lr3184
99 CF 4lr3185
1010 By: Delegates Hutchinson, Adams, Anderton, Buckel, Chisholm, Ghrist, Griffith,
1111 Hartman, Mangione, McComas, Miller, M. Morgan, Munoz, Rose,
1212 Sample–Hughes, Schmidt, Tomlinson, and Wivell
1313 Introduced and read first time: January 31, 2024
1414 Assigned to: Judiciary
1515
1616 A BILL ENTITLED
1717
1818 AN ACT concerning 1
1919
2020 Criminal Law – Crime of Violence – Second Degree Assault of a School 2
2121 Employee or Subcontractor 3
2222 (School Assault Reduction and Prevention Act ) 4
2323
2424 FOR the purpose of establishing second degree assault of an employee or a subcontractor 5
2525 of a public or private elementary or secondary school as a crime of violence for certain 6
2626 purposes; and generally relating to crimes of violence. 7
2727
2828 BY repealing and reenacting, with amendments, 8
2929 Article – Criminal Law 9
3030 Section 14–101(a) 10
3131 Annotated Code of Maryland 11
3232 (2021 Replacement Volume and 2023 Supplement) 12
3333
3434 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3535 That the Laws of Maryland read as follows: 14
3636
3737 Article – Criminal Law 15
3838
3939 14–101. 16
4040
4141 (a) In this section, “crime of violence” means: 17
4242
4343 (1) abduction; 18
4444
4545 (2) arson in the first degree; 19
4646
4747 (3) kidnapping; 20
4848 2 HOUSE BILL 758
4949
5050
5151 (4) manslaughter, except involuntary manslaughter; 1
5252
5353 (5) mayhem; 2
5454
5555 (6) maiming, as previously proscribed under former Article 27, §§ 385 and 3
5656 386 of the Code; 4
5757
5858 (7) murder; 5
5959
6060 (8) rape; 6
6161
6262 (9) robbery under § 3–402 or § 3–403 of this article; 7
6363
6464 (10) carjacking; 8
6565
6666 (11) armed carjacking; 9
6767
6868 (12) sexual offense in the first degree; 10
6969
7070 (13) sexual offense in the second degree; 11
7171
7272 (14) use of a firearm in the commission of a felony except possession with 12
7373 intent to distribute a controlled dangerous substance under § 5–602(2) of this article, or 13
7474 other crime of violence; 14
7575
7676 (15) child abuse in the first degree under § 3–601 of this article; 15
7777
7878 (16) sexual abuse of a minor under § 3–602 of this article if: 16
7979
8080 (i) 1. the victim is under the age of 13 years and the offender is 17
8181 an adult at the time of the offense; or 18
8282
8383 2. the offender is at least 21 years old and the victim is under 19
8484 the age of 16 years; and 20
8585
8686 (ii) the offense involved: 21
8787
8888 1. vaginal intercourse, as defined in § 3–301 of this article; 22
8989
9090 2. a sexual act, as defined in § 3–301 of this article; 23
9191
9292 3. an act in which a part of the offender’s body penetrates, 24
9393 however slightly, into the victim’s genital opening or anus; or 25
9494
9595 4. the intentional touching of the victim’s or the offender’s 26
9696 genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 27
9797 HOUSE BILL 758 3
9898
9999
100100 (17) home invasion under § 6–202(b) of this article; 1
101101
102102 (18) a felony offense under Title 3, Subtitle 11 of this article; 2
103103
104104 (19) an attempt to commit any of the crimes described in items (1) through 3
105105 (18) of this subsection; 4
106106
107107 (20) continuing course of conduct with a child under § 3–315 of this article; 5
108108
109109 (21) assault in the first degree; 6
110110
111111 (22) assault with intent to murder; 7
112112
113113 (23) assault with intent to rape; 8
114114
115115 (24) assault with intent to rob; 9
116116
117117 (25) assault with intent to commit a sexual offense in the first degree; [and] 10
118118
119119 (26) assault with intent to commit a sexual offense in the second degree; 11
120120 AND 12
121121
122122 (27) ASSAULT IN THE SECON D DEGREE OF AN EMPLO YEE OR A 13
123123 SUBCONTRACTOR OF A P UBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL . 14
124124
125125 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
126126 October 1, 2024. 16