MD
Maryland House Bill HB763

Maryland 2024 Regular Session

Maryland House Bill HB763 Compare Versions

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1- WES MOORE, Governor Ch. 939
21
3-– 1 –
4-Chapter 939
5-(House Bill 763)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0763*
810
9-Commission on Hate Crime Response and Prevention – Membership –
10-Alterations Membership and Sunset
11+HOUSE BILL 763
12+E1, P1 (4lr2761)
13+ENROLLED BILL
14+— Judiciary/Judicial Proceedings —
15+Introduced by Delegates Attar, Cardin, Vogel, and Rosenberg Rosenberg, Simmons,
16+Tomlinson, Arikan, Conaway, and Kaufman
1117
12-FOR the purpose of removing the representative of the Council on American–Islamic
13-Relations Maryland Office from altering the membership of the Commission on Hate
14-Crime Response and Prevention; adding two members of the Muslim community to
15-be appointed by the Attorney General to the Com mission; terminating the
16-Commission after a certain date; and generally relating to the membership of the
17-Commission on Hate Crime Response and Prevention.
18+Read and Examined by Proofreaders:
1819
19-BY repealing and reenacting, with amendments,
20- Article – State Government
21-Section 6–802
22- Annotated Code of Maryland
23- (2021 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2424
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
25+Sealed with the Great Seal and presented to the Governor, for his approval this
2726
28-Article – State Government
27+_______ day of _______________ at ________________________ o’clock, ________M.
2928
30-6–802.
29+______________________________________________
30+Speaker.
3131
32- (a) There is a Commission on Hate Crime Response and Prevention in the Office
33-of the Attorney General.
32+CHAPTER ______
3433
35- (b) The Commission consists of the following members, appointed by the Attorney
36-General:
34+AN ACT concerning 1
3735
38- (1) one representative of the Anti–Defamation League 15 INDIVIDUALS
39-WHO REPRESENT OR ADV OCATE ON BEHALF OF INDIVIDUAL S WHO ARE MEMBERS OF
40-A PROTECTED CLASS UN DER THE STATE HATE CRIME LAWS AS SET FORTH IN TITLE
41-10, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE APPOINTED BY THE ATTORNEY
42-GENERAL WITH THE ADVI CE AND CONSENT OF TH E SENATE;
36+Commission on Hate Crime Response and Prevention – Membership – 2
37+Alterations Membership and Sunset 3
4338
44- (2) one representative of the Asian American and Pacific Islander
45-community;
39+FOR the purpose of removing the representative of the Council on American–Islamic 4
40+Relations Maryland Office from altering the membership of the Commission on Hate 5
41+Crime Response and Prevention; adding two members of the Muslim community to 6
42+be appointed by the Attorney General to the Commission; terminating the 7
43+Commission after a certain date; and generally relating to the membership of the 8
44+Commission on Hate Crime Response and Prevention. 9
4645
47- (3) one representative of the Women’s Law Center;
48- Ch. 939 2024 LAWS OF MARYLAND
46+BY repealing and reenacting, with amendments, 10
47+ Article – State Government 11
48+Section 6–802 12
49+ Annotated Code of Maryland 13 2 HOUSE BILL 763
4950
50-– 2 –
51- (4) one representative of the Baltimore Jewish Council;
5251
53- (5) one representative of the Coalition Opposed to Violence and Extremism;
52+ (2021 Replacement Volume and 2023 Supplement) 1
5453
55- (6) [one representative of the Council on American–Islamic Relations
56-Maryland Office] TWO REPRESENTATIVES OF THE MUSLIM COMMUNITY ;
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
55+That the Laws of Maryland read as follows: 3
5756
58- (7) one representative of Free State Justice;
57+Article – State Government 4
5958
60- (8) one representative of the Jewish Community Relations Council;
59+6–802. 5
6160
62- (9) one representative of the Immigration Outreach Service Center;
61+ (a) There is a Commission on Hate Crime Response and Prevention in the Office 6
62+of the Attorney General. 7
6363
64- (10) one representative of the Maryland Association of Human
65-Relations/Human Rights Agencies;
64+ (b) The Commission consists of the following members, appointed by the Attorney 8
65+General: 9
6666
67- (11) (3) one representative of the Maryland Chiefs of Police Association;
67+ (1) one representative of the Anti–Defamation League 15 INDIVIDUALS 10
68+WHO REPRESENT OR ADV OCATE ON BEHALF OF I NDIVIDUALS WHO ARE M EMBERS OF 11
69+A PROTECTED CLASS UN DER THE STATE HATE CRIME LAWS AS SET FORTH IN TITLE 12
70+10, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE APPOINTED BY THE ATTORNEY 13
71+GENERAL WITH THE ADVI CE AND CONSENT OF TH E SENATE; 14
6872
69- (12) (4) one representative of the Maryland Commission on Civil Rights;
73+ (2) one representative of the Asian American and Pacific Islander 15
74+community; 16
7075
71- (13) (5) one representative of the Maryland Coordination and Analysis
72-Center;
76+ (3) one representative of the Women’s Law Center; 17
7377
74- (14) (6) one representative of the Maryland Center for School Safety;
78+ (4) one representative of the Baltimore Jewish Council; 18
7579
76- (15) (7) one representative of the Maryland Sheriffs’ Association;
80+ (5) one representative of the Coalition Opposed to Violence and Extremism; 19
7781
78- (16) (8) one representative of the Maryland State’s Attorneys’
79-Association;
82+ (6) [one representative of the Council on American–Islamic Relations 20
83+Maryland Office] TWO REPRESENTATIVES OF THE MUSLIM COMMUNITY ; 21
8084
81- (17) one representative of the National Alliance on Mental Illness;
85+ (7) one representative of Free State Justice; 22
8286
83- (18) one representative of the National Association for the Advancement of
84-Colored People;
87+ (8) one representative of the Jewish Community Relations Council; 23
8588
86- (19) one representative of the Pride Center of Maryland;
89+ (9) one representative of the Immigration Outreach Service Center; 24
8790
88- (20) one representative of the Sikh Coalition; and
91+ (10) one representative of the Maryland Association of Human 25
92+Relations/Human Rights Agencies; 26
8993
90- (9) ONE REPRESENTATIVE O F THE OFFICE OF THE PUBLIC
91-DEFENDER; AND
94+ (11) (3) one representative of the Maryland Chiefs of Police Association; 27
9295
93- (21) (10) two members of the general public.
96+ (12) (4) one representative of the Maryland Commission on Civil Rights; 28
97+ HOUSE BILL 763 3
9498
95- (c) (1) The term of an appointed member of the Commission is 4 years. WES MOORE, Governor Ch. 939
9699
97-– 3 –
100+ (13) (5) one representative of the Maryland Coordination and Analysis 1
101+Center; 2
98102
99- (2) (I) The EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
100-PARAGRAPH , THE THE terms of the appointed members are staggered as required by the
101-terms provided for members of the Commission on June 1, 2023 2024.
103+ (14) (6) one representative of the Maryland Center for School Safety; 3
102104
103- (II) THE TERMS OF THE MEMB ERS APPOINTED UNDER
104-SUBSECTION (B)(1) AND (9) OF THIS SECTION ARE STAGGERED AS REQUIRE D BY THE
105-TERMS PROVIDED FOR M EMBERS OF THE COMMISSION ON OCTOBER 1, 2024.
105+ (15) (7) one representative of the Maryland Sheriffs’ Association; 4
106106
107- (3) At the end of a term, an appointed member continues to serve until a
108-successor is appointed and qualifies.
107+ (16) (8) one representative of the Maryland State’s Attorneys’ 5
108+Association; 6
109109
110- (4) A member who is appointed after a term has begun serves only for the
111-rest of the term and until a successor is appointed and qualifies.
110+ (17) one representative of the National Alliance on Mental Illness; 7
112111
113- (d) (1) The Attorney General, or the Attorney General’s designee, is the chair
114-of the Commission.
112+ (18) one representative of the National Association for the Advancement of 8
113+Colored People; 9
115114
116- (2) The Office of the Attorney General shall provide staff for the
117-Commission.
115+ (19) one representative of the Pride Center of Maryland; 10
118116
119- (e) In fiscal year 2025 and in each fiscal year thereafter, the Governor shall
120-include funds in the State budget to implement this section, including funds to:
117+ (20) one representative of the Sikh Coalition; and 11
121118
122- (1) employ a full–time assistant Attorney General to staff the Commission;
123-and
119+ (9) ONE REPRESENTATIVE O F THE OFFICE OF THE PUBLIC 12
120+DEFENDER; AND 13
124121
125- (2) operate and maintain the office.
122+ (21) (10) two members of the general public. 14
126123
127- (f) (1) A majority of members of the Commission shall constitute a quorum for
128-the transaction of business.
124+ (c) (1) The term of an appointed member of the Commission is 4 years. 15
129125
130- (2) The Commission may adopt rules governing the administration and
131-proceedings of the Commission.
126+ (2) (I) The EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
127+PARAGRAPH , THE THE terms of the appointed members are staggered as required by the 17
128+terms provided for members of the Commission on June 1, 2023 2024. 18
132129
133- (g) A member of the Commission:
130+ (II) THE TERMS OF THE MEMB ERS APPOINTED UNDER 19
131+SUBSECTION (B)(1) AND (9) OF THIS SECTION ARE STAGGERED AS REQUIRED BY THE 20
132+TERMS PROVIDED FOR M EMBERS OF THE COMMISSION ON OCTOBER 1, 2024. 21
134133
135- (1) may not receive compensation as a member of the Commission; but
134+ (3) At the end of a term, an appointed member continues to serve until a 22
135+successor is appointed and qualifies. 23
136136
137- (2) is entitled to reimbursement for expenses under the Standard State
138-Travel Regulations, as provided in the State budget.
137+ (4) A member who is appointed after a term has begun serves only for the 24
138+rest of the term and until a successor is appointed and qualifies. 25
139139
140- (h) The Commission shall:
140+ (d) (1) The Attorney General, or the Attorney General’s designee, is the chair 26
141+of the Commission. 27
141142
142- (1) develop strategies to prevent and respond to hate crime activity; and
143- Ch. 939 2024 LAWS OF MARYLAND
143+ (2) The Office of the Attorney General shall provide staff for the 28
144+Commission. 29
145+ 4 HOUSE BILL 763
144146
145-– 4 –
146- (2) evaluate State laws and policies relating to hate crimes.
147147
148- (i) (1) On or before December 1 each year, beginning in 2024, the Commission
149-shall report to the State Department of Education on policy recommendations to address
150-hate crimes that occur in schools.
148+ (e) In fiscal year 2025 and in each fiscal year thereafter, the Governor shall 1
149+include funds in the State budget to implement this section, including funds to: 2
151150
152- (2) On or before December 1 each year, beginning in 2024, the Commission
153-shall report to the General Assembly, in accordance with § 2–1257 of the State Government
154-Article, on legislative recommendations to address hate crimes in the State.
151+ (1) employ a full–time assistant Attorney General to staff the Commission; 3
152+and 4
155153
156- (J) THIS SECTION, AND ALL REGULATIONS AND POLICIES ADOPTED UNDER
157-THIS SECTION, SHALL TERMINATE AND BE OF NO EFFECT AFTE R JUNE 30, 2027.
154+ (2) operate and maintain the office. 5
158155
159- SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial
160-members appointed to the Commission on Hate Crime Response and Prevention under §
161-6–802(b)(6) 6–802(b)(1) and (9) 6–802(b) of the State Government Article, as enacted by
162-Section 1 of this Act, shall expire as follows:
156+ (f) (1) A majority of members of the Commission shall constitute a quorum for 6
157+the transaction of business. 7
163158
164- (1) one member in 2025; and
159+ (2) The Commission may adopt rules governing the administration and 8
160+proceedings of the Commission. 9
165161
166- (2) one member in 2028.
162+ (g) A member of the Commission: 10
167163
168- (1) five six members in 2025;
164+ (1) may not receive compensation as a member of the Commission; but 11
169165
170- (2) five six members in 2026; and
166+ (2) is entitled to reimbursement for expenses under the Standard State 12
167+Travel Regulations, as provided in the State budget. 13
171168
172- (3) six members in 2027; and
169+ (h) The Commission shall: 14
173170
174- (4) seven members in 2028.
171+ (1) develop strategies to prevent and respond to hate crime activity; and 15
175172
176- SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the members
177-serving on the Commission on Hate Crimes Response and Prevention appointed under §
178-6–802(b) of the State Government Article as it existed on May 30, 2024, shall expire on June
179-1, 2024.
173+ (2) evaluate State laws and policies relating to hate crimes. 16
180174
181- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
182-October June 1, 2024.
175+ (i) (1) On or before December 1 each year, beginning in 2024, the Commission 17
176+shall report to the State Department of Education on policy recommendations to address 18
177+hate crimes that occur in schools. 19
183178
184-Approved by the Governor, May 16, 2024.
179+ (2) On or before December 1 each year, beginning in 2024, the Commission 20
180+shall report to the General Assembly, in accordance with § 2–1257 of the State Government 21
181+Article, on legislative recommendations to address hate crimes in the State. 22
182+
183+ (J) THIS SECTION, AND ALL REGULATIONS AND POLICIES ADOPTED UNDER 23
184+THIS SECTION, SHALL TERMINATE AND BE OF NO EFFECT AFTE R JUNE 30, 2027. 24
185+
186+ SECTION 2. AND BE IT FURTHER ENA CTED, That the terms of the initial 25
187+members appointed to the Commission on Hate Crime Response and Prevention under § 26
188+6–802(b)(6) 6–802(b)(1) and (9) 6–802(b) of the State Government Article, as enacted by 27
189+Section 1 of this Act, shall expire as follows: 28
190+
191+ (1) one member in 2025; and 29
192+
193+ (2) one member in 2028. 30
194+ HOUSE BILL 763 5
195+
196+
197+ (1) five six members in 2025; 1
198+
199+ (2) five six members in 2026; and 2
200+
201+ (3) six members in 2027; and 3
202+
203+ (4) seven members in 2028. 4
204+
205+ SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the members 5
206+serving on the Commission on Hate Crimes Response and Prevention appointed under § 6
207+6–802(b) of the State Government Article as it existed on May 30, 2024, shall expire on June 7
208+1, 2024. 8
209+
210+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
211+October June 1, 2024. 10
212+
213+
214+
215+Approved:
216+________________________________________________________________________________
217+ Governor.
218+________________________________________________________________________________
219+ Speaker of the House of Delegates.
220+________________________________________________________________________________
221+ President of the Senate.