Maryland 2024 Regular Session

Maryland Senate Bill SB512 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0512
6	6
7	7	SENATE BILL 512
8	8	F1, F2, F5 4lr3025
9	9	CF 4lr2105
10	10	By: Senator A. Washington
11	11	Introduced and read first time: January 24, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Education – Prohibited Behavior on School Grounds and Property – Application 2
19	19
20	20	FOR the purpose of specifying that provisions of law prohibiting and penalizing certain 3
21	21	disruptive and threatening behavior on certain school grounds and property do not 4
22	22	apply to students who commit offenses at the institution they attend or students who 5
23	23	commit offenses at another institution while participating in or attending a sporting 6
24	24	event or other extracurricular program sponsored at that institution; and generally 7
25	25	relating to the application of provisions of law that prohibit and penalize disruptive 8
26	26	and threatening behavior on school grounds and property. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Education 11
30	30	Section 26–101 12
31	31	Annotated Code of Maryland 13
32	32	(2022 Replacement Volume and 2023 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Education 17
38	38
39	39	26–101. 18
40	40
41	41	(a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 19
42	42	A PERSON WHO IS : 20
43	43
44	44	(1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 21
45	45	ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 22
46	46	OR 23
47	47	2 SENATE BILL 512
48	48
49	49
50	50	(2) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 1
51	51	ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 2
52	52	ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR P ROGRAM 3
53	53	SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 4
54	54
55	55	(B) A person may not willfully disturb or otherwise willfully prevent the orderly 5
56	56	conduct of the activities, administration, or classes of any institution of elementary, 6
57	57	secondary, or higher education. 7
58	58
59	59	[(b)] (C) A person may not molest or threaten with bodily harm any student, 8
60	60	employee, administrator, agent, or any other individual who is lawfully: 9
61	61
62	62	(1) On the grounds or in the immediate vicinity of any institution of 10
63	63	elementary, secondary, or higher education; 11
64	64
65	65	(2) On a school vehicle; 12
66	66
67	67	(3) At an activity sponsored by a school that is held off school property; or 13
68	68
69	69	(4) On property that is owned by a county board and is used for 14
70	70	administrative or other purposes. 15
71	71
72	72	[(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 16
73	73	person may not threaten with bodily harm any employee of any institution of elementary, 17
74	74	secondary, or higher education at home by any means, including in person, by telephone, 18
75	75	or by electronic mail. [This] 19
76	76
77	77	(2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 20
78	78	only to threats arising out of the scope of the employee’s employment. 21
79	79
80	80	[(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 22
81	81	Criminal Law Article, on application by the governing board of any institution of 23
82	82	elementary, secondary, or higher education, the circuit court of the county in which the 24
83	83	institution is located may issue an injunction restraining any specific activities that violate 25
84	84	this section. 26
85	85
86	86	[(e)] (F) Any person who violates any provision of this section is guilty of a 27
87	87	misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 28
88	88	exceeding 6 months, or both. 29
89	89
90	90	[(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 30
91	91	each county board of education, including the Baltimore City Board of School 31
92	92	Commissioners, shall report to the Department on the number of school disruptions in the 32
93	93	county in violation of this section for the immediately preceding school year. 33
94	94	SENATE BILL 512 3
95	95
96	96
97	97	(2) A county board shall report the information required under paragraph 1
98	98	(1) of this subsection in the following manner: 2
99	99
100	100	(i) The disruptions shall be sorted into the following categories: 3
101	101
102	102	1. Attendance; 4
103	103
104	104	2. Arson, fire, or explosives; 5
105	105
106	106	3. Dangerous substances; 6
107	107
108	108	4. Sex offenses; and 7
109	109
110	110	5. Attack with a weapon, threats, or fighting; and 8
111	111
112	112	(ii) Each incident of disruption shall be disaggregated by: 9
113	113
114	114	1. The race, ethnicity, disability status, and gender of the 10
115	115	individual; 11
116	116
117	117	2. The actions taken against an individual by the local school 12
118	118	or county board resulting from a violation, including suspensions of fewer than 10 days, 13
119	119	suspensions of 10 days or more, and expulsions; and 14
120	120
121	121	3. Referrals for prosecution. 15
122	122
123	123	(3) On or before February 1, 2023, and each February 1 thereafter, the 16
124	124	Department shall submit to the Maryland Center for School Safety and, in accordance with 17
125	125	§ 2–1257 of the State Government Article, the General Assembly a report on incidents of 18
126	126	school disruptions in public schools in the State from a compilation of the reports submitted 19
127	127	to the Department under paragraph (1) of this subsection and disaggregated in the manner 20
128	128	required under paragraph (2) of this subsection. 21
129	129
130	130	(4) Each county board shall include information on school disruptions from 22
131	131	the 2018–2019 and 2019–2020 school years in its report to the Department for the report 23
132	132	due on December 1, 2022. 24
133	133
134	134	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
135	135	1, 2024. 26
136	136