EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0187*
HOUSE BILL 187
E1 5lr1268
HB 892/24 – JUD (PRE–FILED) CF SB 170
By: Delegates Kaufman, Conaway, Fair, Feldmark, Jackson, T. Morgan, Pasteur,
Pena–Melnyk, Stein, Tomlinson, and Williams
Requested: October 18, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Benefits 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 exploitation. 9
BY adding to 10
Article – Criminal Law 11
Section 8–524 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Law 17
8–524. 18
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “COERCION” MEANS: 21
2 HOUSE BILL 187
(I) 1. CAUSING OR THREATENI NG TO CAUSE BODILY H ARM 1
TO AN INDIVIDUAL ; OR 2
2. PHYSICALLY RESTRAINI NG OR CONFINING OR 3
THREATENING TO PHYSI CALLY RESTRAIN OR CO NFINE AN INDIVIDUAL ; 4
(II) EXPOSING OR DISSEMIN ATING OR THREATENING TO 5
EXPOSE OR DISSEMINAT E ANY FACT OR INFORM ATION THAT WOULD TEN D TO 6
SUBJECT AN INDIVIDUA L TO CRIMINAL OR IMM IGRATION PROCEEDINGS , HATRED, 7
CONTEMP T, OR RIDICULE; 8
(III) DESTROYING, CONCEALING , REMOVING, CONFISCATING , OR 9
POSSESSING ANY ACTUA L OR PURPORTED PASSP ORT OR OTHER IMMIGRA TION 10
DOCUMENT , OR ANY OTHER ACTUAL OR PURPORTED GOVERNM ENT IDENTIFICATION 11
DOCUMENT , OF AN INDIVIDUAL ; 12
(IV) PROVIDING A CONTROLLED DANGE ROUS SUBSTANCE TO AN 13
INDIVIDUAL FOR THE P URPOSE OF COMPELLING THE INDIVIDUAL TO EN GAGE IN AN 14
ACTION AGAINST THE I NDIVIDUAL’S WILL; 15
(V) CAUSING OR THREATENI NG TO CAUSE FINANCIA L HARM TO 16
AN INDIVIDUAL OR EXE RTING FINANCIAL CONT ROL OVER A DISABLED OR E LDERLY 17
ADULT; OR 18
(VI) DEPRIVING AN INDIVID UAL OF MEDICAL CARE . 19
(3) “CONTROLLED DANGEROUS SUBSTANCE” HAS THE MEANING 20
STATED IN § 5–101 OF THIS ARTICLE. 21
(4) “DECEPTION” MEANS: 22
(I) CREATING OR CONFIRMI NG ANOTHER PERSON ’S 23
IMPRESSION OF AN EXISTIN G FACT OR PAST EVENT THAT IS FALSE AND TH AT THE 24
ACCUSED KNOWS OR BEL IEVES TO BE FALSE; OR 25
(II) PROMISING BENEFITS O R THE PERFORMANCE OF SERVICES 26
THAT THE ACCUSED DOE S NOT INTEND TO DELI VER OR PERFORM OR KN OWS WILL 27
NOT BE DELIVERED O R PERFORMED . 28
(5) “EXPLOITATION” MEANS ILLEGALLY OR I MPROPERLY USING AN 29
INDIVIDUAL OR AN IND IVIDUAL’S GOVERNMENT BENEFIT S THROUGH UNDUE 30
INFLUENCE, HARASSMENT , DURESS, FALSE REPRESENTATION , FALSE PRETENSE , 31
OR OTHER SIMILAR MEA NS FOR PERSONAL PROF IT OR ADVANTAGE OR FOR THE 32
PROFIT OR ADVANTAGE OF ANOTHER. 33 HOUSE BILL 187 3
(6) “GOVERNMENT BENEFITS ” INCLUDES: 1
(I) MEDICARE BENEFITS ; 2
(II) MEDICAID BENEFITS ; 3
(III) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 4
BENEFITS; 5
(IV) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 6
WOMEN, INFANTS, AND CHILDREN (WIC) BENEFITS; 7
(V) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 8
(SNAP) BENEFITS; 9
(VI) SOCIAL SECURITY BENEFITS ; 10
(VII) SOCIAL SECURITY DISABILITY (SSDI) BENEFITS; 11
(VIII) VETERANS BENEFITS ; 12
(IX) PENSION BENEFITS ; 13
(X) TEMPORARY DISABILITY ASSISTANCE PROGRAM (TDAP) 14
BENEFITS; AND 15
(XI) PUBLIC ASSISTANCE TO ADULTS (PAA) BENEFITS. 16
(7) “ISOLATION” MEANS PREVENTING AN INDIVIDUAL FROM HAVI NG 17
CONTACT WITH FRIENDS OR FAMILY, A WELFARE AGENCY , LAW ENFORCEMENT 18
OFFICERS, HEALTH CARE PROVIDER S, OR OTHER INDIVIDUALS OR ENTITIES 19
WITHOUT THE KNOWLEDG E OF THE INDIVIDUAL OR AGAINST THE INDIV IDUAL’S 20
WISHES. 21
(B) (1) A PERSON MAY NOT , THROUGH DECEPTION , COERCION, 22
EXPLOITATION , ISOLATION, OR ANY OTHER MEANS , KNOWINGLY RECRUIT , HARBOR, 23
TRANSPORT, OR OBTAIN AN INDIVID UAL FOR THE PURPOSE OF APPROPRIATING THE 24
GOVERNMENT BENEFITS OF AN INDIVIDUAL FOR PERSONAL BENEFIT OR TO 25
BENEFIT ANOTHER . 26
(2) A PERSON MAY NOT KNOWI NGLY BENEFIT FINANCI ALLY OR BY 27
RECEIVING ANYTHING O F VALUE FROM PARTICI PATION IN A VENTURE THAT 28
VIOLATES PARAGRAPH (1) OF THIS SUBSECTION . 29
4 HOUSE BILL 187
(3) A PERSON MAY NOT AID , ABET, OR CONSPIRE WITH ONE OR MORE 1
PERSONS TO VIOLATE PARAGRAPH (1) OF THIS SUBSECTION . 2
(C) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS G UILTY 3
OF A FELONY AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 4
25 YEARS OR A FINE NOT EXCEEDING $15,000 OR BOTH. 5
(D) (1) EACH VIOLAT ION OF THIS SECTION SHALL BE CONSIDERED A 6
SEPARATE OFFENSE . 7
(2) A CONVICTION UNDER THI S SECTION MAY NOT ME RGE WITH A 8
CONVICTION FOR ANY O THER CRIME BASED ON THE ACT ESTABLISHING THE 9
VIOLATION OF THIS SE CTION. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12