Maryland 2024 Regular Session

Maryland Senate Bill SB650 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 EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0650
6	6
7	7	SENATE BILL 650
8	8	E1 4lr3362
9	9	CF HB 699
10	10	By: Senator Kagan
11	11	Introduced and read first time: January 29, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Hate Crimes – Notice and Removal of Item or Symbol 2
19	19
20	20	FOR the purpose of requiring a law enforcement agency to promptly notify certain property 3
21	21	owners of a report of certain items or symbols that constitute an alleged hate crime; 4
22	22	requiring certain property owners to remove certain items or symbols that constitute 5
23	23	an alleged hate crime from their property within a certain time period, subject to 6
24	24	certain exceptions; establishing that a penalty for a violation of this Act may only be 7
25	25	imposed on an owner of commercial real or personal property; and generally relating 8
26	26	to items or symbols that constitute hate crimes. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Criminal Law 11
30	30	Section 10–305.1 12
31	31	Annotated Code of Maryland 13
32	32	(2021 Replacement Volume and 2023 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Criminal Law 16
36	36	Section 10–305.2 17
37	37	Annotated Code of Maryland 18
38	38	(2021 Replacement Volume and 2023 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – Criminal Law 21
42	42	Section 10–306 22
43	43	Annotated Code of Maryland 23
44	44	(2021 Replacement Volume and 2023 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 SENATE BILL 650
49	49
50	50
51	51	Article – Criminal Law 1
52	52
53	53	10–305.1. 2
54	54
55	55	A person may not place or inscribe an item or a symbol, including an actual or 3
56	56	depicted noose or swastika, whether temporary or permanent, on any real or personal 4
57	57	property, public or private, without the express permission of the owner, owner’s agent, or 5
58	58	lawful occupant of the property, with the intent to threaten or intimidate any person or 6
59	59	group of persons. 7
60	60
61	61	10–305.2. 8
62	62
63	63	(A) IN THIS SECTION, “REMOVE” INCLUDES THE PERMANE NT COVERING OF 9
64	64	AN ITEM OR A SYMBOL . 10
65	65
66	66	(B) THIS SECTION DOES NOT APPLY TO THE OWNER O F REAL OR PERSONAL 11
67	67	PROPERTY IF THE OWNE R WAS THE INTENDED T ARGET OF AN ALLEGED VIOLATION 12
68	68	OF § 10–305.1 OF THIS SUBTITLE . 13
69	69
70	70	(C) AFTER AN ALLEGED VIOL ATION OF § 10–305.1 OF THIS SUBTITLE IS 14
71	71	REPORTED TO A LAW EN FORCEMENT AGENCY , THE LAW ENFORCEMENT AGENCY 15
72	72	SHALL PROMPTL Y NOTIFY THE OWNER O F THE REAL OR PERSON AL PROPERTY IF 16
73	73	THE OWNER DID NOT FI LE THE REPORT . 17
74	74
75	75	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18
76	76	WITHIN 24 HOURS AFTER AN ALLEG ED VIOLATION OF § 10–305.1 OF THIS SUBTITLE 19
77	77	IS REPORTED TO A LAW ENFORCEMENT AGENCY , OR WITHIN 24 HOURS AFTER THE 20
78	78	OWNER OF THE REAL OR PERSONAL PROPERTY RE CEIVES NOTICE UNDER 21
79	79	SUBSECTION (C) OF THIS SECTION , THE OWNER OF THE REA L OR PERSONAL 22
80	80	PROPERTY SHALL REMOV E THE ITEM OR SYMBOL FROM THE REAL OR PER SONAL 23
81	81	PROPERTY. 24
82	82
83	83	(2) IF A LAW ENFORCEMENT INVESTIGATION REQUIR ES THAT THE 25
84	84	ITEM OR SYMBOL NOT B E REMOVED FROM THE R EAL OR PERSONAL PROP ERTY 26
85	85	WITHIN 24 HOURS, THE ITEM OR SYMBOL S HALL BE REMOVED PROM PTLY AFTER IT 27
86	86	IS NO LONGER REQUIRE D FOR THE INVESTIGAT ION. 28
87	87
88	88	(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
89	89	PERSON WHO DOES NOT REMOVE AN ITEM OR SY MBOL FROM REAL OR PE RSONAL 30
90	90	PROPERTY AS REQUIRED UNDER SUBSECTION (D) OF THIS SECTION IS N OT SUBJECT 31
91	91	TO A PENALTY. 32
92	92	SENATE BILL 650 3
93	93
94	94
95	95	(2) A PERSON WHO DOES NOT REMOVE AN ITEM OR A SYMBOL FROM 1
96	96	COMMERCIALLY OWNED R EAL OR PERSONAL PROP ERTY AS REQUIRED UND ER 2
97	97	SUBSECTION (D) OF THIS SECTION IS S UBJECT TO: 3
98	98
99	99	(I) FOR A FIRST VIOLATIO N, A WARNING; AND 4
100	100
101	101	(II) FOR A SECOND OR SUBS EQUENT VIOLATION , A CIVIL FINE 5
102	102	NOT EXCEEDING $1,000. 6
103	103
104	104	10–306. 7
105	105
106	106	(a) Except as provided in § 10–305.2 OF THIS SUBTITLE AND subsection (b) of 8
107	107	this section, a person who violates this subtitle is guilty of a misdemeanor and on conviction 9
108	108	is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. 10
109	109
110	110	(b) (1) A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony 11
111	111	and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 12
112	112	$10,000 or both. 13
113	113
114	114	(2) A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony 14
115	115	and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding 15
116	116	$20,000 or both. 16
117	117
118	118	(c) In addition to any other penalties imposed by this section, the court may 17
119	119	require a person who violates this subtitle to complete an antibias education program. 18
120	120
121	121	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
122	122	October 1, 2024. 20
123	123