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.
*sb1145*
SENATE BILL 1145
F1, E2 4lr3441
CF HB 1493
By: Senators Salling, Bailey, Carozza, Corderman, Folden, Gallion , James,
Jennings, McKay, Ready, and West
Introduced and read first time: February 10, 2024
Assigned to: Rules
Re–referred to: Judicial Proceedings, February 26, 2024
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 29, 2024
CHAPTER ______
AN ACT concerning 1
Public and Nonpublic Schools – Child Sex Offenders – Prohibition on In–Person 2
Attendance 3
FOR the purpose of requiring law enforcement agencies and State’s Attorneys to notify 4
schools of certain information when a child is arrested for a certain offense; 5
prohibiting a child from in–person attendance at a public school or a nonpublic school 6
that receives State funds if the child has been convicted or adjudicated delinquent of 7
certain offenses; requiring each local school system to provide alternative 8
educational options for children prohibited from in–person attendance in a certain 9
manner; and generally relating to the prohibition of in–school attendance by children 10
convicted or adjudicated delinquent of certain offenses. 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Procedure 13
Section 11–722(e) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Education 18
Section 7–303(a)(1), (b), and (c) 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21 2 SENATE BILL 1145
BY repealing and reenacting, with amendments, 1
Article – Education 2
Section 7–303(a)(6) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Education 7
Section 7–312 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Criminal Procedure 13
11–722. 14
(e) (1) A registrant who is a student may receive an education in accordance 15
with State law in any of the following locations: 16
(i) a location other than a public or nonpublic elementary or 17
secondary school, including by: 18
1. participating in the Home and Hospital Teaching Program 19
for Students; or 20
2. participating in or attending a program approved by a 21
county board under paragraph (2) of this subsection; 22
(ii) a Regional Institute for Children and Adolescents; or 23
(iii) a nonpublic educational program as provided by § 8–406 of the 24
Education Article if: 25
1. the registrant has notified an agent or employee of the 26
nonpublic educational program that the registrant is required to register under this 27
subtitle; and 28
2. the registrant has been given specific written permission 29
by an agent or employee of the nonpublic educational program to attend the nonpublic 30
educational program. 31
SENATE BILL 1145 3
(2) Each county board shall develop and adopt a policy that enables a 1
registrant who is a student to receive an education as described under paragraph (1) of this 2
subsection. 3
(3) The State Board shall develop and adopt guidelines and a model policy 4
to assist a county board with the development of a policy under paragraph (2) of this 5
subsection. 6
Article – Education 7
7–303. 8
(a) (1) In this section the following words have the meanings indicated. 9
(6) “Reportable offense” means an offense that: 10
(i) Occurred off school premises; 11
(ii) Did not occur at an event sponsored by the school; and 12
(iii) Involved any of the following: 13
1. A crime of violence, as defined in § 14–101 of the Criminal 14
Law Article; 15
2. Any of the offenses enumerated in [§ 3–8A–03(e)(4)] § 16
3–8A–03(D)(4) of the Courts Article; 17
3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18
Criminal Law Article; 19
4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 20
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21
or § 5–628 of the Criminal Law Article; 22
5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 23
Law Article; 24
6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25
Criminal Law Article; 26
7. A violation of § 9–802 or § 9–803 of the Criminal Law 27
Article; 28
8. A violation of § 3–203 of the Criminal Law Article; 29
9. A violation of § 6–301 of the Criminal Law Article; 30 4 SENATE BILL 1145
10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 1
Law Article; 2
11. A violation of § 7–105 of the Criminal Law Article; 3
12. A violation of § 6–202 of the Criminal Law Article; [or] 4
13. A violation of § 10–606 of the Criminal Law Article; OR 5
14. A VIOLATION OF § 3–307 OF THE CRIMINAL LAW 6
ARTICLE. 7
(b) If a student is arrested for a reportable offense or an offense that is related to 8
the student’s membership in a criminal organization, the law enforcement agency making 9
the arrest: 10
(1) Shall notify the following individuals of the arrest and the charges 11
within 24 hours of the arrest or as soon as practicable: 12
(i) The local superintendent; 13
(ii) The school principal; and 14
(iii) For a school that has a school security officer, the school security 15
officer; and 16
(2) May notify the State’s Attorney of the arrest and charges. 17
(c) The State’s Attorney shall promptly notify either the local superintendent or 18
the school principal of the disposition of the reportable offense required to be reported under 19
subsection (b) of this section. 20
7–312. 21
(A) IF A CHILD HAS BEEN C ONVICTED OR ADJUDICA TED DELINQUENT OF 22
RAPE OR A SEXUAL OFFENSE THAT, IF COMMITTED BY AN A DULT, WOULD 23
CONSTITUTE A FELONY , THE CHILD IS PROHIBI TED FROM IN–PERSON ATTENDANCE 24
AT A PUBLIC SCHOOL O R A NONPUBLIC SCHOOL THAT RECEIVES STATE FUNDS. 25
(B) (1) EACH LOCAL SCHOOL SYS TEM SHALL PROVIDE AL TERNATIVE 26
EDUCATIONAL OPTIONS FOR CHILDREN PROHIBI TED FROM IN –PERSON 27
ATTENDANCE UNDER SUB SECTION (A) OF THIS SECTION. 28
SENATE BILL 1145 5
(2) THE ALTERNATIVE EDUCA TIONAL OPTIONS PROVI DED UNDER 1
THIS SUBSECTION SHAL L ALIGN WITH THE REQ UIRED POLICY ADOPTED BY COUNTY 2
BOARDS UNDER § 11–722(E) OF THE CRIMINAL PROCEDURE ARTICLE. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2024. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.