| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb1145* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 1145 | |
| 11 | 8 | F1, E2 4lr3441 | |
| 12 | 9 | CF HB 1493 | |
| 13 | - | By: Senators Salling, Bailey, Carozza, Corderman, Folden, Gallion | |
| 14 | - | ||
| 10 | + | By: Senators Salling, Bailey, Carozza, Corderman, Folden, Gallion, Jennings, | |
| 11 | + | McKay, Ready, and West | |
| 15 | 12 | Introduced and read first time: February 10, 2024 | |
| 16 | 13 | Assigned to: Rules | |
| 17 | - | Re–referred to: Judicial Proceedings, February 26, 2024 | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | Senate action: Adopted | |
| 20 | - | Read second time: February 29, 2024 | |
| 21 | 14 | ||
| 22 | - | ||
| 15 | + | A BILL ENTITLED | |
| 23 | 16 | ||
| 24 | 17 | AN ACT concerning 1 | |
| 25 | 18 | ||
| 26 | 19 | Public and Nonpublic Schools – Child Sex Offenders – Prohibition on In–Person 2 | |
| 27 | 20 | Attendance 3 | |
| 28 | 21 | ||
| 29 | - | FOR the purpose of requiring law enforcement agencies and State’s Attorneys to notify 4 | |
| 30 | - | schools of certain information when a child is arrested for a certain offense; 5 | |
| 31 | - | prohibiting a child from in–person attendance at a public school or a nonpublic school 6 | |
| 32 | - | that receives State funds if the child has been convicted or adjudicated delinquent of 7 | |
| 33 | - | certain offenses; requiring each local school system to provide alternative 8 | |
| 34 | - | educational options for children prohibited from in–person attendance in a certain 9 | |
| 35 | - | manner; and generally relating to the prohibition of in–school attendance by children 10 | |
| 36 | - | convicted or adjudicated delinquent of certain offenses. 11 | |
| 22 | + | FOR the purpose of prohibiting a child from in–person attendance at a public school or a 4 | |
| 23 | + | nonpublic school that receives State funds if the child has been convicted or 5 | |
| 24 | + | adjudicated delinquent of certain offenses; requiring each local school system to 6 | |
| 25 | + | provide alternative educational options for children prohibited from in–person 7 | |
| 26 | + | attendance in a certain manner; and generally relating to the prohibition of in–school 8 | |
| 27 | + | attendance by children convicted or adjudicated delinquent of certain offenses. 9 | |
| 37 | 28 | ||
| 38 | - | BY repealing and reenacting, without amendments, | |
| 39 | - | Article – Criminal Procedure | |
| 40 | - | Section 11–722(e) | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2018 Replacement Volume and 2023 Supplement) | |
| 29 | + | BY repealing and reenacting, without amendments, 10 | |
| 30 | + | Article – Criminal Procedure 11 | |
| 31 | + | Section 11–722(e) 12 | |
| 32 | + | Annotated Code of Maryland 13 | |
| 33 | + | (2018 Replacement Volume and 2023 Supplement) 14 | |
| 43 | 34 | ||
| 44 | - | BY repealing and reenacting, without amendments, 17 | |
| 45 | - | Article – Education 18 | |
| 46 | - | Section 7–303(a)(1), (b), and (c) 19 | |
| 47 | - | Annotated Code of Maryland 20 | |
| 48 | - | (2022 Replacement Volume and 2023 Supplement) 21 2 SENATE BILL 1145 | |
| 35 | + | BY adding to 15 | |
| 36 | + | Article – Education 16 | |
| 37 | + | Section 7–312 17 | |
| 38 | + | Annotated Code of Maryland 18 | |
| 39 | + | (2022 Replacement Volume and 2023 Supplement) 19 | |
| 40 | + | ||
| 41 | + | SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 20 | |
| 42 | + | That the Laws of Maryland read as follows: 21 | |
| 43 | + | ||
| 44 | + | Article – Criminal Procedure 22 | |
| 45 | + | ||
| 46 | + | 11–722. 23 | |
| 47 | + | 2 SENATE BILL 1145 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (e) (1) A registrant who is a student may receive an education in accordance 1 | |
| 51 | + | with State law in any of the following locations: 2 | |
| 51 | 52 | ||
| 52 | - | BY repealing and reenacting, with amendments, 1 | |
| 53 | - | Article – Education 2 | |
| 54 | - | Section 7–303(a)(6) 3 | |
| 55 | - | Annotated Code of Maryland 4 | |
| 56 | - | (2022 Replacement Volume and 2023 Supplement) 5 | |
| 53 | + | (i) a location other than a public or nonpublic elementary or 3 | |
| 54 | + | secondary school, including by: 4 | |
| 57 | 55 | ||
| 58 | - | BY adding to 6 | |
| 59 | - | Article – Education 7 | |
| 60 | - | Section 7–312 8 | |
| 61 | - | Annotated Code of Maryland 9 | |
| 62 | - | (2022 Replacement Volume and 2023 Supplement) 10 | |
| 56 | + | 1. participating in the Home and Hospital Teaching Program 5 | |
| 57 | + | for Students; or 6 | |
| 63 | 58 | ||
| 64 | - | | |
| 65 | - | ||
| 59 | + | 2. participating in or attending a program approved by a 7 | |
| 60 | + | county board under paragraph (2) of this subsection; 8 | |
| 66 | 61 | ||
| 67 | - | ||
| 62 | + | (ii) a Regional Institute for Children and Adolescents; or 9 | |
| 68 | 63 | ||
| 69 | - | 11–722. 14 | |
| 64 | + | (iii) a nonpublic educational program as provided by § 8–406 of the 10 | |
| 65 | + | Education Article if: 11 | |
| 70 | 66 | ||
| 71 | - | (e) (1) A registrant who is a student may receive an education in accordance 15 | |
| 72 | - | with State law in any of the following locations: 16 | |
| 67 | + | 1. the registrant has notified an agent or employee of the 12 | |
| 68 | + | nonpublic educational program that the registrant is required to register under this 13 | |
| 69 | + | subtitle; and 14 | |
| 73 | 70 | ||
| 74 | - | (i) a location other than a public or nonpublic elementary or 17 | |
| 75 | - | secondary school, including by: 18 | |
| 71 | + | 2. the registrant has been given specific written permission 15 | |
| 72 | + | by an agent or employee of the nonpublic educational program to attend the nonpublic 16 | |
| 73 | + | educational program. 17 | |
| 76 | 74 | ||
| 77 | - | 1. participating in the Home and Hospital Teaching Program 19 | |
| 78 | - | for Students; or 20 | |
| 75 | + | (2) Each county board shall develop and adopt a policy that enables a 18 | |
| 76 | + | registrant who is a student to receive an education as described under paragraph (1) of this 19 | |
| 77 | + | subsection. 20 | |
| 79 | 78 | ||
| 80 | - | 2. participating in or attending a program approved by a 21 | |
| 81 | - | county board under paragraph (2) of this subsection; 22 | |
| 79 | + | (3) The State Board shall develop and adopt guidelines and a model policy 21 | |
| 80 | + | to assist a county board with the development of a policy under paragraph (2) of this 22 | |
| 81 | + | subsection. 23 | |
| 82 | 82 | ||
| 83 | - | ||
| 83 | + | Article – Education 24 | |
| 84 | 84 | ||
| 85 | - | (iii) a nonpublic educational program as provided by § 8–406 of the 24 | |
| 86 | - | Education Article if: 25 | |
| 85 | + | 7–312. 25 | |
| 87 | 86 | ||
| 88 | - | 1. the registrant has notified an agent or employee of the 26 | |
| 89 | - | nonpublic educational program that the registrant is required to register under this 27 | |
| 90 | - | subtitle; and 28 | |
| 87 | + | (A) IF A CHILD HAS BEEN C ONVICTED OR ADJUDICA TED DELINQUENT OF 26 | |
| 88 | + | RAPE OR A SEXUAL OFF ENSE THAT, IF COMMITTED BY AN A DULT, WOULD 27 | |
| 89 | + | CONSTITUTE A FELONY , THE CHILD IS PROHIBI TED FROM IN–PERSON ATTENDANCE 28 | |
| 90 | + | AT A PUBLIC SCHOOL O R A NONPUBLIC SCHOOL THAT RECEIVES STATE FUNDS. 29 | |
| 91 | 91 | ||
| 92 | - | | |
| 93 | - | ||
| 94 | - | ||
| 92 | + | (B) (1) EACH LOCAL SCHOOL SYS TEM SHALL PROVIDE AL TERNATIVE 30 | |
| 93 | + | EDUCATIONAL OPTIONS FOR CHILDREN PROHIBI TED FROM I N–PERSON 31 | |
| 94 | + | ATTENDANCE UNDER SUBSECTION (A) OF THIS SECTION. 32 | |
| 95 | 95 | SENATE BILL 1145 3 | |
| 96 | - | ||
| 97 | - | ||
| 98 | - | (2) Each county board shall develop and adopt a policy that enables a 1 | |
| 99 | - | registrant who is a student to receive an education as described under paragraph (1) of this 2 | |
| 100 | - | subsection. 3 | |
| 101 | - | ||
| 102 | - | (3) The State Board shall develop and adopt guidelines and a model policy 4 | |
| 103 | - | to assist a county board with the development of a policy under paragraph (2) of this 5 | |
| 104 | - | subsection. 6 | |
| 105 | - | ||
| 106 | - | Article – Education 7 | |
| 107 | - | ||
| 108 | - | 7–303. 8 | |
| 109 | - | ||
| 110 | - | (a) (1) In this section the following words have the meanings indicated. 9 | |
| 111 | - | ||
| 112 | - | (6) “Reportable offense” means an offense that: 10 | |
| 113 | - | ||
| 114 | - | (i) Occurred off school premises; 11 | |
| 115 | - | ||
| 116 | - | (ii) Did not occur at an event sponsored by the school; and 12 | |
| 117 | - | ||
| 118 | - | (iii) Involved any of the following: 13 | |
| 119 | - | ||
| 120 | - | 1. A crime of violence, as defined in § 14–101 of the Criminal 14 | |
| 121 | - | Law Article; 15 | |
| 122 | - | ||
| 123 | - | 2. Any of the offenses enumerated in [§ 3–8A–03(e)(4)] § 16 | |
| 124 | - | 3–8A–03(D)(4) of the Courts Article; 17 | |
| 125 | - | ||
| 126 | - | 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18 | |
| 127 | - | Criminal Law Article; 19 | |
| 128 | - | ||
| 129 | - | 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 20 | |
| 130 | - | § 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21 | |
| 131 | - | or § 5–628 of the Criminal Law Article; 22 | |
| 132 | - | ||
| 133 | - | 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 23 | |
| 134 | - | Law Article; 24 | |
| 135 | - | ||
| 136 | - | 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25 | |
| 137 | - | Criminal Law Article; 26 | |
| 138 | - | ||
| 139 | - | 7. A violation of § 9–802 or § 9–803 of the Criminal Law 27 | |
| 140 | - | Article; 28 | |
| 141 | - | ||
| 142 | - | 8. A violation of § 3–203 of the Criminal Law Article; 29 | |
| 143 | - | ||
| 144 | - | 9. A violation of § 6–301 of the Criminal Law Article; 30 4 SENATE BILL 1145 | |
| 145 | - | ||
| 146 | - | ||
| 147 | - | ||
| 148 | - | 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 1 | |
| 149 | - | Law Article; 2 | |
| 150 | - | ||
| 151 | - | 11. A violation of § 7–105 of the Criminal Law Article; 3 | |
| 152 | - | ||
| 153 | - | 12. A violation of § 6–202 of the Criminal Law Article; [or] 4 | |
| 154 | - | ||
| 155 | - | 13. A violation of § 10–606 of the Criminal Law Article; OR 5 | |
| 156 | - | ||
| 157 | - | 14. A VIOLATION OF § 3–307 OF THE CRIMINAL LAW 6 | |
| 158 | - | ARTICLE. 7 | |
| 159 | - | ||
| 160 | - | (b) If a student is arrested for a reportable offense or an offense that is related to 8 | |
| 161 | - | the student’s membership in a criminal organization, the law enforcement agency making 9 | |
| 162 | - | the arrest: 10 | |
| 163 | - | ||
| 164 | - | (1) Shall notify the following individuals of the arrest and the charges 11 | |
| 165 | - | within 24 hours of the arrest or as soon as practicable: 12 | |
| 166 | - | ||
| 167 | - | (i) The local superintendent; 13 | |
| 168 | - | ||
| 169 | - | (ii) The school principal; and 14 | |
| 170 | - | ||
| 171 | - | (iii) For a school that has a school security officer, the school security 15 | |
| 172 | - | officer; and 16 | |
| 173 | - | ||
| 174 | - | (2) May notify the State’s Attorney of the arrest and charges. 17 | |
| 175 | - | ||
| 176 | - | (c) The State’s Attorney shall promptly notify either the local superintendent or 18 | |
| 177 | - | the school principal of the disposition of the reportable offense required to be reported under 19 | |
| 178 | - | subsection (b) of this section. 20 | |
| 179 | - | ||
| 180 | - | 7–312. 21 | |
| 181 | - | ||
| 182 | - | (A) IF A CHILD HAS BEEN C ONVICTED OR ADJUDICA TED DELINQUENT OF 22 | |
| 183 | - | RAPE OR A SEXUAL OFFENSE THAT, IF COMMITTED BY AN A DULT, WOULD 23 | |
| 184 | - | CONSTITUTE A FELONY , THE CHILD IS PROHIBI TED FROM IN–PERSON ATTENDANCE 24 | |
| 185 | - | AT A PUBLIC SCHOOL O R A NONPUBLIC SCHOOL THAT RECEIVES STATE FUNDS. 25 | |
| 186 | - | ||
| 187 | - | (B) (1) EACH LOCAL SCHOOL SYS TEM SHALL PROVIDE AL TERNATIVE 26 | |
| 188 | - | EDUCATIONAL OPTIONS FOR CHILDREN PROHIBI TED FROM IN –PERSON 27 | |
| 189 | - | ATTENDANCE UNDER SUB SECTION (A) OF THIS SECTION. 28 | |
| 190 | - | SENATE BILL 1145 5 | |
| 191 | 96 | ||
| 192 | 97 | ||
| 193 | 98 | (2) THE ALTERNATIVE EDUCA TIONAL OPTIONS PROVI DED UNDER 1 | |
| 194 | 99 | THIS SUBSECTION SHAL L ALIGN WITH THE REQ UIRED POLICY ADOPTED BY COUNTY 2 | |
| 195 | 100 | BOARDS UNDER § 11–722(E) OF THE CRIMINAL PROCEDURE ARTICLE. 3 | |
| 196 | 101 | ||
| 197 | 102 | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4 | |
| 198 | 103 | 1, 2024. 5 | |
| 199 | - | ||
| 200 | - | ||
| 201 | - | ||
| 202 | - | ||
| 203 | - | Approved: | |
| 204 | - | ________________________________________________________________________________ | |
| 205 | - | Governor. | |
| 206 | - | ________________________________________________________________________________ | |
| 207 | - | President of the Senate. | |
| 208 | - | ________________________________________________________________________________ | |
| 209 | - | Speaker of the House of Delegates. |