EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0892*
HOUSE BILL 892
E1 4lr3207
CF 4lr3278
By: Delegates Kaufman, Arikan, Attar, Cardin, Cullison, Fair, Hill, Jackson,
J. Lewis, R. Lewis, Lopez, McComas, Mireku –North, Munoz,
Palakovich Carr, Pasteur, Pena–Melnyk, Phillips, Rosenberg, Ruff, Shetty,
Solomon, Stein, Taveras, Wells, White Holland, Wims, and Young Young,
Toles, Conaway, Williams
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Criminal Law – Benefits Trafficking Exploitation 2
FOR the purpose of prohibiting a person from knowingly recruiting, harboring, 3
transporting, or obtaining an individual for the purpose of appropriating the 4
government benefits of an individual for the benefit of the person or another by 5
certain means; prohibiting a person from knowingly benefitting in a certain manner 6
from participation in a venture that violates a certain provision of this Act; 7
prohibiting a person from aiding, abetting, or conspiring with one or more persons to 8
violate a certain provision of this Act; and generally relating to benefits trafficking 9
exploitation. 10
BY adding to 11
Article – Criminal Law 12
Section 3–1301 and 3–1302 to be under the new subtitle “Subtitle 13. Benefits 13
Trafficking” 8–524 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
2 HOUSE BILL 892
Article – Criminal Law 1
SUBTITLE 13. BENEFITS TRAFFICKING. 2
3–1301. 8–524. 3
(A) (1) IN THIS SUBTITLE SECTION THE FOLLOWING WORDS HAVE THE 4
MEANINGS INDICATED . 5
(B) (2) “COERCION” MEANS: 6
(1) (I)(I) 1. CAUSING OR THREATENI NG TO CAUSE BODILY H ARM 7
TO AN INDIVIDUAL ; OR 8
(II) 2. PHYSICALLY RESTRAINING OR CONFI NING OR 9
THREATENING TO PHYSI CALLY RESTRAIN OR CO NFINE AN INDIVIDUAL ; 10
(2) (II) EXPOSING OR DISSEMIN ATING OR THREATENING TO 11
EXPOSE OR DISSEMINAT E ANY FACT OR INFORM ATION THAT WOULD TEN D TO 12
SUBJECT AN INDIVIDUA L TO CRIMINAL OR IMMIGRATION PROCEEDI NGS, HATRED, 13
CONTEMPT, OR RIDICULE; 14
(3) (III) DESTROYING, CONCEALING , REMOVING, CONFISCATING , OR 15
POSSESSING ANY ACTUA L OR PURPORTED PASSP ORT OR OTHER IMMIGRA TION 16
DOCUMENT , OR ANY OTHER ACTUAL OR PURPORTED GOVERNM ENT IDENTIFICATION 17
DOCUMENT, OF AN INDIVIDUAL ; 18
(4) (IV) PROVIDING A CONTROLL ED DANGEROUS SUBSTAN CE TO AN 19
INDIVIDUAL FOR THE P URPOSE OF COMPELLING THE INDIVIDUAL TO EN GAGE IN AN 20
ACTION AGAINST THE I NDIVIDUAL’S WILL; OR 21
(5) (V) CAUSING OR THREATENI NG TO CAUSE FINANCIA L HARM TO 22
AN INDIVIDUAL OR EXE RTING FINANCIAL CONT ROL OVER A DISABLED OR ELDERLY 23
ADULT; OR 24
(VI) DEPRIVING AN INDIVID UAL OF MEDICAL CARE . 25
(C) (3) “CONTROLLED DANGEROUS SUBSTANCE” HAS THE MEANING 26
STATED IN § 5–101 OF THIS ARTICLE. 27
(D) (4) “DECEPTION” MEANS: 28
HOUSE BILL 892 3
(1) (I) CREATING OR CONFIRMI NG ANOTHER PERSON ’S 1
IMPRESSION OF AN EXI STING FACT OR PAST E VENT THAT IS FALSE A ND THAT THE 2
ACCUSED KNOWS OR BEL IEVES TO BE FALSE; OR 3
(2) (II) PROMISING BENEFITS O R THE PERFORMANCE OF SERVICES 4
THAT THE ACCUSED DOE S NOT INTEND TO DELIVE R OR PERFORM OR KNOW S WILL 5
NOT BE DELIVERED OR PERFORMED . 6
(E) (5) “EXPLOITATION” MEANS ILLEGALLY OR I MPROPERLY USING AN 7
INDIVIDUAL OR AN IND IVIDUAL’S GOVERNMENT BENEFIT S THROUGH UNDUE 8
INFLUENCE, HARASSMENT , DURESS, FALSE REPRESENTATIO N, FALSE PRETENSE , 9
OR OTHER SIMILAR MEA NS FOR PERSONAL PROF IT OR ADVANTAGE OR F OR THE 10
PROFIT OR ADVANTAGE OF ANOTHER. 11
(F) (6) “GOVERNMENT BENEFITS ” INCLUDES: 12
(1) (I) MEDICARE BENEFITS; 13
(2) (II) MEDICAID BENEFITS; 14
(3) (III) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 15
BENEFITS; 16
(4) (IV) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 17
WOMEN, INFANTS, AND CHILDREN (WIC) BENEFITS; AND 18
(5) (V) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 19
(SNAP) BENEFITS; 20
(VI) SOCIAL SECURITY BENEFITS; 21
(VII) SOCIAL SECURITY DISABILITY (SSDI) BENEFITS; 22
(VIII) VETERANS BENEFITS ; 23
(IX) PENSION BENEFITS ; 24
(X) TEMPORARY DISABILITY ASSISTANCE PROGRAM (TDAP) 25
BENEFITS; AND 26
(XI) PUBLIC ASSISTANCE TO ADULTS (PAA) BENEFITS. 27
(G) (7) “ISOLATION” MEANS PREVENTING AN INDIVIDUAL FROM HAVI NG 28
CONTACT WITH FRIENDS OR FAMILY, A WELFARE AGENCY , LAW ENFORCEMENT 29 4 HOUSE BILL 892
OFFICERS, HEALTH CARE PROVIDER S, OR OTHER INDIVIDUALS OR ENTITIES 1
WITHOUT THE KNOWLEDG E OF THE INDIVIDUAL OR AGAINST THE INDIV IDUAL’S 2
WISHES. 3
3–1302. 4
(A) (B) (1) A PERSON MAY NOT , THROUGH DECEPTION , COERCION, 5
EXPLOITATION , ISOLATION, OR ANY OTHER MEANS , KNOWINGLY RECRUIT , HARBOR, 6
TRANSPORT, OR OBTAIN AN INDIVID UAL FOR THE PURPOSE OF APPROPRIATING THE 7
GOVERNMENT BENEFITS OF AN INDIVIDUA L FOR PERSONAL BENEF IT OR TO 8
BENEFIT ANOTHER . 9
(2) A PERSON MAY NOT KNOWI NGLY BENEFIT FINANCI ALLY OR BY 10
RECEIVING ANYTHING O F VALUE FROM PARTICI PATION IN A VENTURE THAT 11
VIOLATES PARAGRAPH (1) OF THIS SUBSECTION . 12
(3) A PERSON MAY NOT AID , ABET, OR CONSPIRE WITH ONE OR MORE 13
PERSONS TO VIOLATE P ARAGRAPH (1) OF THIS SUBSECTION . 14
(B) (C) A PERSON WHO VIOLATES SUBSECTION (A) (B) OF THIS SECTION 15
IS GUILTY OF A FELON Y AND ON CONVICTION IS SUBJECT TO IMPRIS ONMENT NOT 16
EXCEEDING 25 YEARS OR A FINE NOT EXCEEDING $15,000 OR BOTH. 17
(C) (D) (1) EACH VIOLATION OF THI S SECTION SHALL BE C ONSIDERED 18
A SEPARATE OFFENSE . 19
(2) A CONVICTION UNDER THI S SECTION MAY NOT ME RGE WITH A 20
CONVICTION FOR ANY O THER CRIME BASED ON THE ACT ESTABLISHING THE 21
VIOLATION OF THIS SE CTION. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.